101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4067
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2021.



LRB101 15932 RLC 65292 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4067LRB101 15932 RLC 65292 b



1 AN ACT concerning firearms.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other records 
19 prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
HB4067- 2 -LRB101 15932 RLC 65292 b


1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a local 
21 emergency energy plan ordinance that is adopted under 
22 Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
HB4067- 3 -LRB101 15932 RLC 65292 b


1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the Capital 
15 Crimes Litigation Act. This subsection (n) shall apply 
16 until the conclusion of the trial of the case, even if the 
17 prosecution chooses not to pursue the death penalty prior 
18 to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Regional Transportation Authority under Section 2.11 of 
26 the Regional Transportation Authority Act or the St. Clair 
 
 
HB4067- 4 -LRB101 15932 RLC 65292 b


1 County Transit District under the Bi-State Transit Safety 
2 Act. 
3  (q) Information prohibited from being disclosed by the 
4 Personnel Record Review Act. 
5  (r) Information prohibited from being disclosed by the 
6 Illinois School Student Records Act. 
7  (s) Information the disclosure of which is restricted 
8 under Section 5-108 of the Public Utilities Act. 

9  (t) All identified or deidentified health information 
10 in the form of health data or medical records contained in, 
11 stored in, submitted to, transferred by, or released from 
12 the Illinois Health Information Exchange, and identified 
13 or deidentified health information in the form of health 
14 data and medical records of the Illinois Health Information 
15 Exchange in the possession of the Illinois Health 
16 Information Exchange Authority due to its administration 
17 of the Illinois Health Information Exchange. The terms 
18 "identified" and "deidentified" shall be given the same 
19 meaning as in the Health Insurance Portability and 
20 Accountability Act of 1996, Public Law 104-191, or any 
21 subsequent amendments thereto, and any regulations 
22 promulgated thereunder. 
23  (u) Records and information provided to an independent 
24 team of experts under the Developmental Disability and 
25 Mental Health Safety Act (also known as Brian's Law). 
26  (v) Names and information of people who have applied 
 
 
HB4067- 5 -LRB101 15932 RLC 65292 b


1 for or received Firearm Owner's Identification Cards under 
2 the Firearm Owners Identification Card Act before the 
3 effective date of this amendatory Act of the 101st General 
4 Assembly or applied for or received a concealed carry 
5 license under the Firearm Concealed Carry Act, unless 
6 otherwise authorized by the Firearm Concealed Carry Act; 
7 and databases under the Firearm Concealed Carry Act, 
8 records of the Concealed Carry Licensing Review Board under 
9 the Firearm Concealed Carry Act, and law enforcement agency 
10 objections under the Firearm Concealed Carry Act. 
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of an 
23 eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
HB4067- 6 -LRB101 15932 RLC 65292 b


1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15  (ff) Information that is exempted from disclosure 
16 under the Revised Uniform Unclaimed Property Act. 
17  (gg) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day and 
 
 
HB4067- 7 -LRB101 15932 RLC 65292 b


1 temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) Information that is exempt from disclosure under 
12 Section 70 of the Higher Education Student Assistance Act. 
13  (oo) Communications, notes, records, and reports 
14 arising out of a peer support counseling session prohibited 
15 from disclosure under the First Responders Suicide 
16 Prevention Act. 
17  (pp) Names and all identifying information relating to 
18 an employee of an emergency services provider or law 
19 enforcement agency under the First Responders Suicide 
20 Prevention Act. 
21  (qq) (oo) Information and records held by the 
22 Department of Public Health and its authorized 
23 representatives collected under the Reproductive Health 
24 Act. 
25  (rr) (oo) Information that is exempt from disclosure 
26 under the Cannabis Regulation and Tax Act. 
 
 
HB4067- 8 -LRB101 15932 RLC 65292 b


1  (ss) (oo) Data reported by an employer to the 
2 Department of Human Rights pursuant to Section 2-108 of the 
3 Illinois Human Rights Act.
4  (tt) (oo) Recordings made under the Children's 
5 Advocacy Center Act, except to the extent authorized under 
6 that Act. 
7  (uu) (oo) Information that is exempt from disclosure 
8 under Section 50 of the Sexual Assault Evidence Submission 
9 Act. 
10  (vv) (oo) Information that is exempt from disclosure 
11 under subsections (f) and (j) of Section 5-36 of the 
12 Illinois Public Aid Code. 
13  (ww) (oo) Information that is exempt from disclosure 
14 under Section 16.8 of the State Treasurer Act. 
15(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
16100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
178-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
18eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
19100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
206-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
21eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
22101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
231-1-20; revised 9-25-19.)

24 Section 10. The Department of State Police Law of the
Civil 
25Administrative Code of Illinois is amended by changing Sections 
 
 
HB4067- 9 -LRB101 15932 RLC 65292 b


12605-45, 2605-300, and 2605-595 as follows:



2 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



3 Sec. 2605-45. Division of Justice Services. The Division of

4Justice Services shall exercise the
following functions:

5  (1) (Blank).

6  (2) Pursue research and the publication of studies 
7 pertaining
to local
law enforcement activities.

8  (3) (Blank).

9  (4) Operate an electronic data processing and computer 
10 center
for the
storage and retrieval of data pertaining to 
11 criminal activity.

12  (5) Exercise the rights, powers, and duties vested in

13 the former Division of
State Troopers by Section 17 of the 
14 State Police
Act.

15  (6) (Blank).

16  (6.5) (Blank). Exercise the rights, powers, and duties 
17 vested in the Department
by the Firearm Owners 
18 Identification Card Act.

19  (7) Exercise other duties that may be assigned
by the 
20 Director to
fulfill the responsibilities and achieve the 
21 purposes of the Department.

22  (8) Exercise the rights, powers, and duties vested by 
23 law in the Department by the Criminal Identification Act. 
24(Source: P.A. 101-378, eff. 1-1-20.)





 
 
HB4067- 10 -LRB101 15932 RLC 65292 b


1 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



2 Sec. 2605-300. Records; crime laboratories; personnel. To 
3do
the
following:

4  (1) Be a central repository and custodian of criminal

5 statistics for the State.

6  (2) Be a central repository for criminal history
record 
7 information.

8  (3) Procure and file for record information that is

9 necessary and helpful to plan programs of crime prevention, 
10 law
enforcement,
and criminal justice.

11  (4) Procure and file for record copies of
fingerprints 
12 that may be required by law.

13  (5) Establish general and field
crime laboratories.

14  (6) Register and file for record information that
may 
15 be required by law for the issuance of firearm owner's 
16 identification
cards under the Firearm Owners 
17 Identification Card Act and concealed carry licenses under 
18 the Firearm Concealed Carry Act.

19  (7) Employ laboratory technicians
and
other
specially 
20 qualified persons to aid in the identification of criminal

21 activity, and may employ polygraph operators.

22  (8) Undertake other identification, information,

23 laboratory, statistical, or registration activities that 
24 may be
required by law.

25(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)


 
 
HB4067- 11 -LRB101 15932 RLC 65292 b


1 (20 ILCS 2605/2605-595)
2 Sec. 2605-595. State Police Firearm Services Fund.
3 (a) There is created in the State treasury a special fund 
4known as the State Police Firearm Services Fund. The Fund shall 
5receive revenue under the Firearm Concealed Carry Act and 
6Section 5 of the Firearm Owners Identification Card Act. The 
7Fund may also receive revenue from grants, pass-through grants, 
8donations, appropriations, and any other legal source.
9 (b) The Department of State Police may use moneys in the 
10Fund to finance any of its lawful purposes, mandates, 
11functions, and duties under the Firearm Owners Identification 
12Card Act and the Firearm Concealed Carry Act, including the 
13cost of sending notices of expiration of Firearm Owner's 
14Identification Cards, concealed carry licenses, the prompt and 
15efficient processing of applications under the Firearm Owners 
16Identification Card Act and the Firearm Concealed Carry Act, 
17the improved efficiency and reporting of the LEADS and federal 
18NICS law enforcement data systems, and support for 
19investigations required under that Act these Acts and law. Any 
20surplus funds beyond what is needed to comply with the 
21aforementioned purposes shall be used by the Department to 
22improve the Law Enforcement Agencies Data System (LEADS) and 
23criminal history background check system. 
24 (c) Investment income that is attributable to the 
25investment of moneys in the Fund shall be retained in the Fund 
26for the uses specified in this Section. 

 
 
HB4067- 12 -LRB101 15932 RLC 65292 b


1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)



2 (20 ILCS 2605/2605-120 rep.)


3 Section 15. The Department of State Police Law of the
Civil 
4Administrative Code of Illinois is amended by repealing Section 
52605-120.

6 Section 20. The Criminal Identification Act is amended by 
7changing Section 2.2 as follows:

8 (20 ILCS 2630/2.2)
9 Sec. 2.2. Notification to the Department. Upon judgment of 
10conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
1112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
12Code of 2012 when the
defendant has been determined, pursuant 
13to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

14to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
15circuit court clerk shall
include notification and a copy of 
16the written determination in a report
of the conviction to the 
17Department of State Police Firearm Owner's Identification Card 
18Office to
enable the Illinois State Police office to perform 
19its duties under the Firearm Concealed Carry Act and Sections 4 
20and 8 of the Firearm Owners Identification Card Act and to 
21report that determination to the Federal Bureau
of 
22Investigation to assist the Federal Bureau of Investigation in 
23identifying persons prohibited
from purchasing and possessing 
 
 
HB4067- 13 -LRB101 15932 RLC 65292 b


1a firearm pursuant to the provisions of
18 U.S.C. 922. The 
2written determination described in this Section shall be 
3included in the defendant's record of arrest and conviction in 
4the manner and form prescribed by the Department of State 
5Police. 

6(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

7 Section 25. The State Finance Act is amended by changing 
8Section 6z-99 as follows:

9 (30 ILCS 105/6z-99)
10 Sec. 6z-99. The Mental Health Reporting Fund.
11 (a) There is created in the State treasury a special fund 
12known as the Mental Health Reporting Fund. The Fund shall 
13receive revenue under the Firearm Concealed Carry Act. The Fund 
14may also receive revenue from grants, pass-through grants, 
15donations, appropriations, and any other legal source.
16 (b) The Department of State Police and Department of Human 
17Services shall coordinate to use moneys in the Fund to finance 
18their respective duties of collecting and reporting data on 
19mental health records and ensuring that mental health firearm 
20possession prohibitors are enforced as set forth under the 
21Firearm Concealed Carry Act and the Firearm Owners 
22Identification Card Act. Any surplus in the Fund beyond what is 
23necessary to ensure compliance with mental health reporting 
24under that Act these Acts shall be used by the Department of 
 
 
HB4067- 14 -LRB101 15932 RLC 65292 b


1Human Services for mental health treatment programs.
2 (c) Investment income that is attributable to the 
3investment of moneys in the Fund shall be retained in the Fund 
4for the uses specified in this Section.

5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

6 Section 30. The Peace Officer Firearm Training Act is 
7amended by changing Section 1 as follows:



8 (50 ILCS 710/1) (from Ch. 85, par. 515)



9 Sec. 1. Definitions. As used in this Act: 
10 (a) "Peace officer"
means (i) any person who by virtue of 
11his office or public employment is
vested by law with a primary 
12duty to maintain public order or to make
arrests for offenses, 
13whether that duty extends to all offenses or is
limited to 
14specific offenses, and who is employed in such capacity by any

15county or municipality or (ii) any retired law enforcement 
16officers qualified under federal law to carry a concealed 
17weapon. 
18 (a-5) "Probation officer" means a county probation officer 
19authorized by the Chief Judge of the Circuit Court to carry a 
20firearm as part of his or her duties under Section 12 of the 
21Probation and Probation Officers Act and Section 24-2 of the 
22Criminal Code of 2012. 
23 (b)
"Firearms" means any weapon or device defined as a 
24firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
 
 
HB4067- 15 -LRB101 15932 RLC 65292 b


1"An Act relating to the acquisition, possession and transfer of

2firearms and firearm ammunition, to provide a penalty for the 
3violation
thereof and to make an appropriation in connection 
4therewith", approved
August 3, 1967, as amended.

5(Source: P.A. 98-725, eff. 1-1-15.)



6 Section 35. The School Code is amended by changing Sections 
710-22.6, 10-27.1A and 34-8.05 as follows:



8 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



9 Sec. 10-22.6. Suspension or expulsion of pupils; school 
10searches. 

11 (a) To expel pupils guilty of gross disobedience or 
12misconduct, including gross disobedience or misconduct 
13perpetuated by electronic means, pursuant to subsection (b-20) 
14of this Section, and
no action shall lie against them for such 
15expulsion. Expulsion shall
take place only after the parents 
16have been requested to appear at a
meeting of the board, or 
17with a hearing officer appointed by it, to
discuss their 
18child's behavior. Such request shall be made by registered
or 
19certified mail and shall state the time, place and purpose of 
20the
meeting. The board, or a hearing officer appointed by it, 
21at such
meeting shall state the reasons for dismissal and the 
22date on which the
expulsion is to become effective. If a 
23hearing officer is appointed by
the board, he shall report to 
24the board a written summary of the evidence
heard at the 
 
 
HB4067- 16 -LRB101 15932 RLC 65292 b


1meeting and the board may take such action thereon as it
finds 
2appropriate. If the board acts to expel a pupil, the written 
3expulsion decision shall detail the specific reasons why 
4removing the pupil from the learning environment is in the best 
5interest of the school. The expulsion decision shall also 
6include a rationale as to the specific duration of the 
7expulsion. An expelled pupil may be immediately transferred to 
8an alternative program in the manner provided in Article 13A or 
913B of this Code. A pupil must not be denied transfer because 
10of the expulsion, except in cases in which such transfer is 
11deemed to cause a threat to the safety of students or staff in 
12the alternative program.

13 (b) To suspend or by policy to authorize the superintendent 
14of
the district or the principal, assistant principal, or dean 
15of students
of any school to suspend pupils guilty of gross 
16disobedience or misconduct, or
to suspend pupils guilty of 
17gross disobedience or misconduct on the school bus
from riding 
18the school bus, pursuant to subsections (b-15) and (b-20) of 
19this Section, and no action
shall lie against them for such 
20suspension. The board may by policy
authorize the 
21superintendent of the district or the principal, assistant

22principal, or dean of students of any
school to suspend pupils 
23guilty of such acts for a period not to exceed
10 school days. 
24If a pupil is suspended due to gross disobedience or misconduct

25on a school bus, the board may suspend the pupil in excess of 
2610
school
days for safety reasons. 
 
 
HB4067- 17 -LRB101 15932 RLC 65292 b


1 Any suspension shall be reported immediately to the
parents 
2or guardian of a pupil along with a full statement of the

3reasons for such suspension and a notice of their right to a 
4review. The school board must be given a summary of the notice, 
5including the reason for the suspension and the suspension 
6length. Upon request of the
parents or guardian, the school 
7board or a hearing officer appointed by
it shall review such 
8action of the superintendent or principal, assistant

9principal, or dean of students. At such
review, the parents or 
10guardian of the pupil may appear and discuss the
suspension 
11with the board or its hearing officer. If a hearing officer
is 
12appointed by the board, he shall report to the board a written 
13summary
of the evidence heard at the meeting. After its hearing 
14or upon receipt
of the written report of its hearing officer, 
15the board may take such
action as it finds appropriate. If a 
16student is suspended pursuant to this subsection (b), the board 
17shall, in the written suspension decision, detail the specific 
18act of gross disobedience or misconduct resulting in the 
19decision to suspend. The suspension decision shall also include 
20a rationale as to the specific duration of the suspension. A 
21pupil who is suspended in excess of 20 school days may be 
22immediately transferred to an alternative program in the manner 
23provided in Article 13A or 13B of this Code. A pupil must not 
24be denied transfer because of the suspension, except in cases 
25in which such transfer is deemed to cause a threat to the 
26safety of students or staff in the alternative program.

 
 
HB4067- 18 -LRB101 15932 RLC 65292 b


1 (b-5) Among the many possible disciplinary interventions 
2and consequences available to school officials, school 
3exclusions, such as out-of-school suspensions and expulsions, 
4are the most serious. School officials shall limit the number 
5and duration of expulsions and suspensions to the greatest 
6extent practicable, and it is recommended that they use them 
7only for legitimate educational purposes. To ensure that 
8students are not excluded from school unnecessarily, it is 
9recommended that school officials consider forms of 
10non-exclusionary discipline prior to using out-of-school 
11suspensions or expulsions.
12 (b-10) Unless otherwise required by federal law or this 
13Code, school boards may not institute zero-tolerance policies 
14by which school administrators are required to suspend or expel 
15students for particular behaviors.
16 (b-15) Out-of-school suspensions of 3 days or less may be 
17used only if the student's continuing presence in school would 
18pose a threat to school safety or a disruption to other 
19students' learning opportunities. For purposes of this 
20subsection (b-15), "threat to school safety or a disruption to 
21other students' learning opportunities" shall be determined on 
22a case-by-case basis by the school board or its designee. 
23School officials shall make all reasonable efforts to resolve 
24such threats, address such disruptions, and minimize the length 
25of suspensions to the greatest extent practicable.
26 (b-20) Unless otherwise required by this Code, 
 
 
HB4067- 19 -LRB101 15932 RLC 65292 b


1out-of-school suspensions of longer than 3 days, expulsions, 
2and disciplinary removals to alternative schools may be used 
3only if other appropriate and available behavioral and 
4disciplinary interventions have been exhausted and the 
5student's continuing presence in school would either (i) pose a

6threat to the safety of other students, staff, or members of

7the school community or (ii) substantially disrupt, impede, or

8interfere with the operation of the school. For purposes of 
9this subsection (b-20), "threat to the safety of other 
10students, staff, or members of the school community" and 
11"substantially disrupt, impede, or interfere with the 
12operation of the school" shall be determined on a case-by-case 
13basis by school officials. For purposes of this subsection 
14(b-20), the determination of whether "appropriate and 
15available behavioral and disciplinary interventions have been 
16exhausted" shall be made by school officials. School officials 
17shall make all reasonable efforts to resolve such threats, 
18address such disruptions, and minimize the length of student 
19exclusions to the greatest extent practicable. Within the 
20suspension decision described in subsection (b) of this Section 
21or the expulsion decision described in subsection (a) of this 
22Section, it shall be documented whether other interventions 
23were attempted or whether it was determined that there were no 
24other appropriate and available interventions.
25 (b-25) Students who are suspended out-of-school for longer 
26than 4 school days shall be provided appropriate and available 
 
 
HB4067- 20 -LRB101 15932 RLC 65292 b


1support services during the period of their suspension. For 
2purposes of this subsection (b-25), "appropriate and available 
3support services" shall be determined by school authorities. 
4Within the suspension decision described in subsection (b) of 
5this Section, it shall be documented whether such services are 
6to be provided or whether it was determined that there are no 
7such appropriate and available services.
8 A school district may refer students who are expelled to 
9appropriate and available support services.
10 A school district shall create a policy to facilitate the 
11re-engagement of students who are suspended out-of-school, 
12expelled, or returning from an alternative school setting.
13 (b-30) A school district shall create a policy by which 
14suspended pupils, including those pupils suspended from the 
15school bus who do not have alternate transportation to school, 
16shall have the opportunity to make up work for equivalent 
17academic credit. It shall be the responsibility of a pupil's 
18parent or guardian to notify school officials that a pupil 
19suspended from the school bus does not have alternate 
20transportation to school. 
21 (c) The Department of Human Services
shall be invited to 
22send a representative to consult with the board at
such meeting 
23whenever there is evidence that mental illness may be the
cause 
24for expulsion or suspension.

25 (c-5) School districts shall make reasonable efforts to 
26provide ongoing professional development to teachers, 
 
 
HB4067- 21 -LRB101 15932 RLC 65292 b


1administrators, school board members, school resource 
2officers, and staff on the adverse consequences of school 
3exclusion and justice-system involvement, effective classroom 
4management strategies, culturally responsive discipline, the 
5appropriate and available supportive services for the 
6promotion of student attendance and engagement, and 
7developmentally appropriate disciplinary methods that promote 
8positive and healthy school climates. 
9 (d) The board may expel a student for a definite period of 
10time not to
exceed 2 calendar years, as determined on a 
11case-by-case basis.
A student who
is determined to have brought 
12one of the following objects to school, any school-sponsored 
13activity
or event, or any activity or event that bears a 
14reasonable relationship to school shall be expelled for a 
15period of not less than
one year:
16  (1) A firearm. For the purposes of this Section, 
17 "firearm" means any gun, rifle, shotgun, weapon as defined 
18 by Section 921 of Title 18 of the United States Code, 
19 firearm as defined in Section 2-7.5 1.1 of the Firearm 
20 Owners Identification Card Act, or firearm as defined in 
21 Section 24-1 of the Criminal Code of 2012. The expulsion 
22 period under this subdivision (1) may be modified by the 
23 superintendent, and the superintendent's determination may 
24 be modified by the board on a case-by-case basis.
25  (2) A knife, brass knuckles or other knuckle weapon 
26 regardless of its composition, a billy club, or any other 
 
 
HB4067- 22 -LRB101 15932 RLC 65292 b


1 object if used or attempted to be used to cause bodily 
2 harm, including "look alikes" of any firearm as defined in 
3 subdivision (1) of this subsection (d). The expulsion 
4 requirement under this subdivision (2) may be modified by 
5 the superintendent, and the superintendent's determination 
6 may be modified by the board on a case-by-case basis. 
7Expulsion
or suspension
shall be construed in a
manner 
8consistent with the federal Individuals with Disabilities 
9Education
Act. A student who is subject to suspension or 
10expulsion as provided in this
Section may be eligible for a 
11transfer to an alternative school program in
accordance with 
12Article 13A of the School Code.

13 (d-5) The board may suspend or by regulation
authorize the 
14superintendent of the district or the principal, assistant

15principal, or dean of students of any
school to suspend a 
16student for a period not to exceed
10 school days or may expel 
17a student for a definite period of time not to
exceed 2 
18calendar years, as determined on a case-by-case basis, if (i) 
19that student has been determined to have made an explicit 
20threat on an Internet website against a school employee, a 
21student, or any school-related personnel, (ii) the Internet 
22website through which the threat was made is a site that was 
23accessible within the school at the time the threat was made or 
24was available to third parties who worked or studied within the 
25school grounds at the time the threat was made, and (iii) the 
26threat could be reasonably interpreted as threatening to the 
 
 
HB4067- 23 -LRB101 15932 RLC 65292 b


1safety and security of the threatened individual because of his 
2or her duties or employment status or status as a student 
3inside the school.

4 (e) To maintain order and security in the schools, school 
5authorities may
inspect and search places and areas such as 
6lockers, desks, parking lots, and
other school property and 
7equipment owned or controlled by the school, as well
as 
8personal effects left in those places and areas by students, 
9without notice
to or the consent of the student, and without a 
10search warrant. As a matter of
public policy, the General 
11Assembly finds that students have no reasonable
expectation of 
12privacy in these places and areas or in their personal effects

13left in these places and areas. School authorities may request 
14the assistance
of law enforcement officials for the purpose of 
15conducting inspections and
searches of lockers, desks, parking 
16lots, and other school property and
equipment owned or 
17controlled by the school for illegal drugs, weapons, or
other

18illegal or dangerous substances or materials, including 
19searches conducted
through the use of specially trained dogs. 
20If a search conducted in accordance
with this Section produces 
21evidence that the student has violated or is
violating either 
22the law, local ordinance, or the school's policies or rules,

23such evidence may be seized by school authorities, and 
24disciplinary action may
be taken. School authorities may also 
25turn over such evidence to law
enforcement authorities.

26 (f) Suspension or expulsion may include suspension or 
 
 
HB4067- 24 -LRB101 15932 RLC 65292 b


1expulsion from
school and all school activities and a 
2prohibition from being present on school
grounds.

3 (g) A school district may adopt a policy providing that if 
4a student
is suspended or expelled for any reason from any 
5public or private school
in this or any other state, the 
6student must complete the entire term of
the suspension or 
7expulsion in an alternative school program under Article 13A of 
8this Code or an alternative learning opportunities program 
9under Article 13B of this Code before being admitted into the 
10school
district if there is no threat to the safety of students 
11or staff in the alternative program.

12 (h) School officials shall not advise or encourage students 
13to drop out voluntarily due to behavioral or academic 
14difficulties.
15 (i) A student may not be issued a monetary fine or fee as a 
16disciplinary consequence, though this shall not preclude 
17requiring a student to provide restitution for lost, stolen, or 
18damaged property.
19 (j) Subsections (a) through (i) of this Section shall apply 
20to elementary and secondary schools, charter schools, special 
21charter districts, and school districts organized under 
22Article 34 of this Code. 
23 (k) The expulsion of children enrolled in programs funded 
24under Section 1C-2 of this Code is subject to the requirements 
25under paragraph (7) of subsection (a) of Section 2-3.71 of this 
26Code.
 
 
HB4067- 25 -LRB101 15932 RLC 65292 b


1 (l) Beginning with the 2018-2019 school year, an in-school 
2suspension program provided by a school district for any 
3students in kindergarten through grade 12 may focus on 
4promoting non-violent conflict resolution and positive 
5interaction with other students and school personnel. A school 
6district may employ a school social worker or a licensed mental 
7health professional to oversee an in-school suspension program 
8in kindergarten through grade 12. 
9(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; 
10100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff. 
117-12-19.)





12 (105 ILCS 5/10-27.1A)



13 Sec. 10-27.1A. Firearms in schools. 

14 (a) All school officials, including teachers, guidance 
15counselors, and
support staff, shall immediately notify the 
16office of the principal in the
event that they observe any 
17person in possession of a firearm on school
grounds; provided 
18that taking such immediate action to notify the office of the

19principal would not immediately endanger the health, safety, or 
20welfare of
students who are under the direct supervision of the 
21school official or the
school official. If the health, safety, 
22or welfare of students under the
direct supervision of the 
23school official or of the school official is
immediately 
24endangered, the school official shall notify the office of the

25principal as soon as the students under his or her supervision 
 
 
HB4067- 26 -LRB101 15932 RLC 65292 b


1and he or she
are no longer under immediate danger. A report is 
2not required by this Section
when the school official knows 
3that the person in possession of the firearm is
a law 
4enforcement official engaged in the conduct of his or her 
5official
duties. Any school official acting in good faith who 
6makes such a report under
this Section shall have immunity from 
7any civil or criminal liability that
might otherwise be 
8incurred as a result of making the report. The identity of
the 
9school official making such report shall not be disclosed 
10except as
expressly and specifically authorized by law. 
11Knowingly and willfully failing
to comply with this Section is 
12a petty offense. A second or subsequent offense
is a Class C 
13misdemeanor.

14 (b) Upon receiving a report from any school official 
15pursuant to this
Section, or from any other person, the 
16principal or his or her designee shall
immediately notify a 
17local law enforcement agency. If the person found to be
in 
18possession of a firearm on school grounds is a student, the 
19principal or
his or her designee shall also immediately notify 
20that student's parent or
guardian. Any principal or his or her 
21designee acting in good faith who makes
such reports under this 
22Section shall have immunity from any civil or criminal

23liability that might otherwise be incurred or imposed as a 
24result of making
the reports. Knowingly and willfully failing 
25to comply with this Section is a
petty offense. A second or 
26subsequent offense is a Class C misdemeanor. If
the person 
 
 
HB4067- 27 -LRB101 15932 RLC 65292 b


1found to be in possession of the firearm on school grounds is a

2minor, the law enforcement agency shall detain that minor until 
3such time as
the agency makes a determination pursuant to 
4clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
5Court Act of 1987, as to whether the agency
reasonably believes 
6that the minor is delinquent. If the law enforcement
agency 
7determines that probable cause exists to believe that the minor

8committed a violation of item (4) of subsection (a) of Section 
924-1 of the
Criminal Code of 2012 while on school grounds, the 
10agency shall detain the
minor for processing pursuant to 
11Section 5-407 of the Juvenile Court Act of
1987.

12 (c) On or after January 1, 1997, upon receipt of any 
13written,
electronic, or verbal report from any school personnel 
14regarding a verified
incident involving a firearm in a school 
15or on school owned or leased property,
including any conveyance 
16owned,
leased, or used by the school for the transport of 
17students or school
personnel, the superintendent or his or her 
18designee shall report all such
firearm-related incidents 
19occurring in a school or on school property to the
local law 
20enforcement authorities immediately and to the Department of 
21State
Police in a form, manner, and frequency as prescribed by 
22the Department of
State Police.

23 The State Board of Education shall receive an annual 
24statistical compilation
and related data associated with 
25incidents involving firearms in schools from
the Department of 
26State Police. The State Board of Education shall compile
this 
 
 
HB4067- 28 -LRB101 15932 RLC 65292 b


1information by school district and make it available to the 
2public.

3 (d) As used in this Section, the term "firearm" shall have 
4the meaning
ascribed to it in Section 2-7.5 of the Criminal 
5Code of 2012 1.1 of the Firearm Owners Identification Card Act.

6 As used in this Section, the term "school" means any public 
7or private
elementary or secondary school.

8 As used in this Section, the term "school grounds" includes 
9the real property
comprising any school, any conveyance owned, 
10leased, or contracted by a school
to transport students to or 
11from school or a school-related activity, or any
public way 
12within 1,000 feet of the real property comprising any school.

13(Source: P.A. 97-1150, eff. 1-25-13.)





14 (105 ILCS 5/34-8.05)



15 Sec. 34-8.05. Reporting firearms in schools. On or after 
16January 1,
1997,
upon receipt of any written,
electronic, or 
17verbal report from any school personnel regarding a verified

18incident involving a firearm in a school or on school owned or 
19leased property,
including any conveyance owned,
leased, or 
20used by the school for the transport of students or school

21personnel, the general superintendent or his or her designee 
22shall report all
such
firearm-related incidents occurring in a 
23school or on school property to the
local law enforcement 
24authorities no later than 24 hours after the occurrence
of the 
25incident and to the Department of State Police in a form, 
 
 
HB4067- 29 -LRB101 15932 RLC 65292 b


1manner, and
frequency as prescribed by the Department of State 
2Police.

3 The State Board of Education shall receive an annual 
4statistical compilation
and related data associated with 
5incidents involving firearms in schools from
the Department of 
6State Police. As used in this Section, the term "firearm"
shall 
7have the meaning ascribed to it in Section 2-7.5 of the 
8Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
9Card Act.

10(Source: P.A. 89-498, eff. 6-27-96.)


11 Section 40. The Illinois Explosives Act is amended by 
12changing Section 2005 as follows:




13 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



14 Sec. 2005. Qualifications for licensure. 
15 (a) No person shall qualify to hold a license who:
16  (1) is under 21 years of age;
17  (2) has been convicted in any court of a crime 
18 punishable by imprisonment for a term exceeding one year;
19  (3) is under indictment for a crime punishable by 
20 imprisonment for a term exceeding one year;
21  (4) is a fugitive from justice;
22  (5) is an unlawful user of or addicted to any 
23 controlled substance as defined in Section 102 of the 
24 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
 
 
HB4067- 30 -LRB101 15932 RLC 65292 b


1 seq.);
2  (6) has been adjudicated a person with a mental 
3 disability as defined in Section 6-103.1 of the Mental 
4 Health and Developmental Disabilities Code 1.1 of the 
5 Firearm Owners Identification Card Act; or
6  (7) is not a legal citizen of the United States or 
7 lawfully admitted for permanent residence.
8 (b) A person who has been granted a "relief from 
9disabilities" regarding criminal convictions and indictments, 
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
11845) may receive a license provided all other qualifications 
12under this Act are met. 

13(Source: P.A. 101-541, eff. 8-23-19.)


14 Section 45. The Private Detective, Private Alarm, Private 
15Security, and
Locksmith Act of 2004 is amended by changing 
16Sections 35-30 and 35-35 as follows:



17 (225 ILCS 447/35-30)



18 (Section scheduled to be repealed on January 1, 2024)

19 Sec. 35-30. Employee requirements. All employees of a

20licensed agency, other than those exempted, shall apply for a

21permanent employee registration card. The holder of an agency

22license issued under this Act, known in this Section as

23"employer", may employ in the conduct of his or her business

24employees under the following provisions:


 
 
HB4067- 31 -LRB101 15932 RLC 65292 b


1 (a) No person shall be issued a permanent employee

2registration card who:

3  (1) Is younger than 18 years of age.

4  (2) Is younger than 21 years of age if the
services 
5 will include being armed.

6  (3) Has been determined by the Department to
be unfit 
7 by reason of conviction of an offense in this or
another 
8 state, including registration as a sex offender, but not 
9 including a traffic offense. Persons convicted of felonies 
10 involving bodily harm, weapons, violence, or theft within 
11 the previous 10 years shall be presumed to be unfit for 
12 registration. The Department
shall adopt rules for making 
13 those determinations that shall
afford the applicant due 
14 process of law.

15  (4) Has had a license or permanent employee

16 registration card denied, suspended, or revoked under this 
17 Act (i) within one
year before the date the
person's 
18 application for permanent employee registration card
is 
19 received by the Department; and (ii) that refusal, denial,

20 suspension, or revocation was based on any provision of 
21 this
Act other than Section 40-50,
item (6) or (8) of 
22 subsection (a) of Section 15-10, subsection (b) of Section

23 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
24 subsection (b) of
Section 20-10, item (6) or (8) of 
25 subsection (a) of Section 25-10, subsection
(b) of Section 
26 25-10, item (7) of subsection (a) of Section 30-10,

 
 
HB4067- 32 -LRB101 15932 RLC 65292 b


1 subsection (b) of Section 30-10, or Section 10-40.

2  (5) Has been declared incompetent by any court
of 
3 competent jurisdiction by reason of mental disease or

4 defect and has not been restored.

5  (6) Has been dishonorably discharged from the
armed 
6 services of the United States.


7 (b) No person may be employed by a private
detective 
8agency, private security contractor agency, private
alarm 
9contractor agency, fingerprint vendor agency, or locksmith 
10agency under this
Section until he or she has executed and 
11furnished to the
employer, on forms furnished by the 
12Department, a verified
statement to be known as "Employee's 
13Statement" setting forth:

14  (1) The person's full name, age, and residence
address.

15  (2) The business or occupation engaged in for
the 5 
16 years immediately before the date of the execution of
the 
17 statement, the place where the business or occupation was

18 engaged in, and the names of employers, if any.

19  (3) That the person has not had a license or
employee 
20 registration denied, revoked, or suspended under this
Act 
21 (i) within one year before the date the person's 
22 application
for permanent employee registration card is 
23 received by the
Department; and (ii) that refusal, denial, 
24 suspension, or
revocation was based on any provision of 
25 this Act other than
Section 40-50,
item (6) or (8) of 
26 subsection (a) of Section 15-10, subsection (b) of Section

 
 
HB4067- 33 -LRB101 15932 RLC 65292 b


1 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
2 subsection (b) of
Section 20-10, item (6) or (8) of 
3 subsection (a) of Section 25-10, subsection
(b) of Section 
4 25-10, item (7) of subsection (a) of Section 30-10,

5 subsection (b) of Section 30-10, or Section 10-40.

6  (4) Any conviction of a felony or misdemeanor.

7  (5) Any declaration of incompetence by a court
of 
8 competent jurisdiction that has not been restored.

9  (6) Any dishonorable discharge from the armed
services 
10 of the United States.

11  (7) Any other information as may be required by
any 
12 rule of the Department to show the good character,

13 competency, and integrity of the person executing the

14 statement.

15 (c) Each applicant for a permanent employee registration

16card shall have his or her fingerprints submitted to the

17Department of State Police in an electronic format that

18complies with the form and manner for requesting and
furnishing 
19criminal history record information as prescribed
by the 
20Department of State Police. These fingerprints shall
be checked 
21against the Department of State Police and Federal
Bureau of 
22Investigation criminal history record databases now
and 
23hereafter filed. The Department of State Police shall
charge 
24applicants a fee for conducting the criminal history
records 
25check, which shall be deposited in the State Police
Services 
26Fund and shall not exceed the actual cost of the
records check. 
 
 
HB4067- 34 -LRB101 15932 RLC 65292 b


1The Department of State Police shall furnish,
pursuant to 
2positive identification, records of Illinois
convictions to 
3the Department. The Department may require
applicants to pay a 
4separate fingerprinting fee, either to the
Department or 
5directly to the vendor. The Department, in
its discretion, may 
6allow an applicant who does not have
reasonable access to a 
7designated vendor to provide his or her
fingerprints in an 
8alternative manner. The
Department, in its discretion, may also 
9use other
procedures in performing or obtaining criminal 
10background
checks of applicants. Instead of submitting his or 
11her
fingerprints, an individual may submit proof that is

12satisfactory to the Department that an equivalent security

13clearance has been conducted. Also, an individual who has

14retired as a peace officer within 12 months of application may

15submit verification, on forms provided by the Department and

16signed by his or her employer, of his or her previous full-time 
17employment as a
peace officer.

18 (d) The Department shall issue a permanent employee

19registration card, in a form the Department prescribes, to all

20qualified applicants.
The holder of a permanent employee 
21registration card shall
carry the card at all times while 
22actually engaged in the
performance of the duties of his or her 
23employment.
Expiration and requirements for renewal of 
24permanent employee
registration cards shall be established by 
25rule of the
Department. Possession of a permanent employee 
26registration
card does not in any way imply that the holder of 
 
 
HB4067- 35 -LRB101 15932 RLC 65292 b


1the card is
employed by an agency unless the permanent employee

2registration card is accompanied by the employee

3identification card required by subsection (f) of this
Section.

4 (e) Each employer shall maintain a record of each
employee 
5that is accessible to the duly authorized
representatives of 
6the Department. The record shall contain
the following 
7information:

8  (1) A photograph taken within 10 days of the date
that 
9 the employee begins employment with the employer. The

10 photograph shall be replaced with a current photograph 
11 every 3
calendar years.

12  (2) The Employee's Statement specified in
subsection 
13 (b) of this Section.

14  (3) All correspondence or documents relating to the

15 character and integrity of the employee received by the

16 employer from any official source or law enforcement 
17 agency.

18  (4) In the case of former employees, the employee

19 identification card of that person issued under subsection 
20 (f)
of this Section. Each employee record shall duly note 
21 if the
employee is employed in an armed capacity. Armed 
22 employee
files shall contain a copy of an active firearm 
23 owner's
identification card and a copy of an active firearm

24 control card. Each employer shall maintain a record for

25 each armed employee of each instance in which the 
26 employee's
weapon was discharged during the course of his 
 
 
HB4067- 36 -LRB101 15932 RLC 65292 b


1 or her
professional duties or activities. The record shall 
2 be
maintained on forms provided by the Department, a copy 
3 of
which must be filed with the Department within 15 days 
4 of an
instance. The record shall include the date and time 
5 of the
occurrence, the circumstances involved in the 
6 occurrence, and
any other information as the Department may 
7 require. Failure
to provide this information to the 
8 Department or failure to
maintain the record as a part of 
9 each armed employee's
permanent file is grounds for 
10 disciplinary action. The
Department, upon receipt of a 
11 report, shall have the authority
to make any investigation 
12 it considers appropriate into any
occurrence in which an 
13 employee's weapon was discharged and to
take disciplinary 
14 action as may be appropriate.

15  (5) A copy of the employee's permanent employee 
16 registration card or a copy of the Department's "License 
17 Lookup" Webpage showing that the employee has been issued a 
18 valid permanent employee registration card by the 
19 Department. 

20 The Department may, by rule, prescribe further
record 
21requirements.

22 (f) Every employer shall furnish an employee

23identification card to each of his or her employees. This

24employee identification card shall contain a recent photograph

25of the employee, the employee's name, the name and agency

26license number of the employer, the employee's personal

 
 
HB4067- 37 -LRB101 15932 RLC 65292 b


1description, the signature of the employer, the signature of

2that employee, the date of issuance, and an employee

3identification card number.

4 (g) No employer may issue an employee identification
card 
5to any person who is not employed by the employer in
accordance 
6with this Section or falsely state or represent
that a person 
7is or has been in his or her employ. It is
unlawful for an 
8applicant for registered employment to file
with the Department 
9the fingerprints of a person other than
himself or herself.

10 (h) Every employer shall obtain the identification card
of 
11every employee who terminates employment with him or her.

12 (i) Every employer shall maintain a separate roster of
the 
13names of all employees currently working in an armed
capacity 
14and submit the roster to the Department on request.

15 (j) No agency may employ any person to perform a
licensed 
16activity under this Act unless the person possesses a
valid 
17permanent employee registration card or a valid license
under 
18this Act, or is exempt pursuant to subsection (n).

19 (k) Notwithstanding the provisions of subsection (j), an

20agency may employ a person in a temporary capacity if all of

21the following conditions are met:

22  (1) The agency completes in its entirety and
submits to 
23 the Department an application for a permanent
employee 
24 registration card, including the required fingerprint

25 receipt and fees.

26  (2) The agency has verification from the Department

 
 
HB4067- 38 -LRB101 15932 RLC 65292 b


1 that the applicant has no record of any criminal conviction

2 pursuant to the criminal history check conducted by the

3 Department of State Police. The agency shall maintain the

4 verification of the results of the Department of State 
5 Police
criminal history check as part of the employee 
6 record as
required under subsection (e) of this Section.

7  (3) The agency exercises due diligence to ensure
that 
8 the person is qualified under the requirements of the Act

9 to be issued a permanent employee registration card.

10  (4) The agency maintains a separate roster of the
names 
11 of all employees whose applications are currently
pending 
12 with the Department and submits the roster to the

13 Department on a monthly basis. Rosters are to be maintained

14 by the agency for a period of at least 24 months.

15 An agency may employ only a permanent employee applicant

16for which it either submitted a permanent employee application

17and all required forms and fees or it confirms with the

18Department that a permanent employee application and all

19required forms and fees have been submitted by another agency,

20licensee or the permanent employee and all other requirements

21of this Section are met.

22 The Department shall have the authority to revoke,
without 
23a hearing, the temporary authority of an individual to
work 
24upon receipt of Federal Bureau of Investigation
fingerprint 
25data or a report of another official authority
indicating a 
26criminal conviction. If the Department has not
received a 
 
 
HB4067- 39 -LRB101 15932 RLC 65292 b


1temporary employee's Federal Bureau of
Investigation 
2fingerprint data within 120 days of the date the
Department 
3received the Department of State Police fingerprint
data, the 
4Department may, at its discretion, revoke the
employee's 
5temporary authority to work with 15 days written
notice to the 
6individual and the employing agency.

7 An agency may not employ a person in a temporary capacity

8if it knows or reasonably should have known that the person
has 
9been convicted of a crime under the laws of this State,
has 
10been convicted in another state of any crime that is a
crime 
11under the laws of this State, has been convicted of any
crime 
12in a federal court, or has been posted as an unapproved

13applicant by the Department. Notice by the Department to the

14agency, via certified mail, personal delivery, electronic

15mail, or posting on the Department's Internet site accessible

16to the agency that the person has been convicted of a crime

17shall be deemed constructive knowledge of the conviction on
the 
18part of the agency. The Department may adopt rules to
implement 
19this
subsection (k).

20 (l) No person may be employed under this Section in any

21capacity if:

22  (1) the person, while so employed, is being paid by
the 
23 United States or any political subdivision for the time so

24 employed in addition to any payments he or she may receive

25 from the employer; or

26  (2) the person wears any portion of his or her
official 
 
 
HB4067- 40 -LRB101 15932 RLC 65292 b


1 uniform, emblem of authority, or equipment while so

2 employed.

3 (m) If information is discovered affecting the

4registration of a person whose fingerprints were submitted

5under this Section, the Department shall so notify the agency

6that submitted the fingerprints on behalf of that person.

7 (n) Peace officers shall be exempt from the requirements
of 
8this Section relating to permanent employee registration

9cards. The agency shall remain responsible for any peace

10officer employed under this exemption, regardless of whether

11the peace officer is compensated as an employee or as an

12independent contractor and as further defined by rule.

13 (o) Persons who have no access to confidential or
security 
14information, who do not go to a client's or prospective 
15client's residence or place of business, and who otherwise do 
16not provide
traditional security services are exempt from 
17employee
registration. Examples of exempt employees include, 
18but are
not limited to, employees working in the capacity of 
19ushers,
directors, ticket takers, cashiers, drivers, and 
20reception
personnel. Confidential or security information is 
21that which
pertains to employee files, scheduling, client 
22contracts, or
technical security and alarm data.

23 (p) An applicant who is 21 years of age or older seeking a 
24religious exemption to the photograph requirement of this 
25Section shall furnish with the application an approved copy of 
26United States Department of the Treasury Internal Revenue 
 
 
HB4067- 41 -LRB101 15932 RLC 65292 b


1Service Form 4029. Regardless of age, an applicant seeking a 
2religious exemption to this photograph requirement shall 
3submit fingerprints in a form and manner prescribed by the 
4Department with his or her application in lieu of a photograph. 
5(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)





6 (225 ILCS 447/35-35)



7 (Section scheduled to be repealed on January 1, 2024)

8 Sec. 35-35. Requirement of a firearm control
card. 

9 (a) No person shall perform duties that include the use,

10carrying, or possession of a firearm in the performance of

11those duties without complying with the provisions of this

12Section and having been issued a valid firearm control
card by 
13the Department.

14 (b) No employer shall employ any person to perform the

15duties for which licensure or employee registration is required 
16and allow
that person to carry a firearm unless that person has 
17complied
with all the firearm training requirements of this 
18Section and
has been issued a firearm control card. This Act

19permits only the following to carry firearms while actually

20engaged in the performance of their duties or while commuting

21directly to or from their places of employment: persons

22licensed as private detectives and their registered employees;

23persons licensed as private security contractors and their

24registered employees; persons licensed as private alarm

25contractors and their registered employees; and employees of a

 
 
HB4067- 42 -LRB101 15932 RLC 65292 b


1registered armed proprietary security force.

2 (c) Possession of a valid firearm control
card
allows a 
3licensee or employee to carry a firearm not otherwise 
4prohibited
by law while the licensee or employee is engaged in 
5the performance of his
or her duties or while the licensee or 
6employee is commuting directly to
or from the licensee's or 
7employee's place or places of employment.

8 (d) The Department shall issue a firearm control
card to a 
9person who has passed an approved firearm training
course, who 
10is currently licensed or employed by an agency licensed by
this 
11Act and has met all the requirements of this Act, and who is 
12not prohibited under State or federal law from possessing a 
13firearm
possesses a valid firearm owner identification card.

14Application for the firearm control card shall be made
by the 
15employer to the Department on forms provided by the
Department. 
16The Department shall forward the card to the
employer who shall 
17be responsible for its issuance to the licensee or
employee. 
18The firearm control card shall be issued by
the Department and 
19shall identify the person holding it and
the name of the course 
20where the licensee or employee received firearm
instruction and 
21shall specify the type of weapon or weapons
the person is 
22authorized by the Department to carry and for
which the person 
23has been trained.

24 (e) Expiration and requirements for renewal of firearm 
25control cards shall be determined by rule.

26 (f) The Department may, in addition to any other

 
 
HB4067- 43 -LRB101 15932 RLC 65292 b


1disciplinary action permitted by this Act, refuse to issue,

2suspend, or revoke a firearm control card if the
applicant or 
3holder has been convicted of any felony or crime
involving the 
4illegal use, carrying, or possession of a deadly
weapon or for 
5a violation of this Act or rules adopted promulgated
under this 
6Act. The Department shall refuse to issue or shall
revoke a 
7firearm control card if the applicant or holder is prohibited 
8under State or federal law from possessing a firearm
fails to 
9possess a valid firearm owners identification card without 
10hearing.
The Secretary shall summarily suspend a firearm 
11control
card if the Secretary finds that its continued use 
12would
constitute an imminent danger to the public. A hearing 
13shall
be held before the Board within 30 days if the Secretary

14summarily suspends a firearm control card.

15 (g) Notwithstanding any other provision of this Act to the

16contrary, all requirements relating to firearms control
cards 
17do not apply to a peace officer. If an individual ceases to be 
18employed as a peace officer and continues to perform services 
19in an armed capacity under this Act that are licensed 
20activities, then the individual is required to obtain a 
21permanent employee registration card pursuant to Section 35-30 
22of this Act and must possess a valid Firearm Owner's 
23Identification Card, but is not required to obtain a firearm 
24control card if the individual is otherwise in continuing 
25compliance with the federal Law Enforcement Officers Safety Act 
26of 2004. If an individual elects to carry a firearm pursuant to 
 
 
HB4067- 44 -LRB101 15932 RLC 65292 b


1the federal Law Enforcement Officers Safety Act of 2004, then 
2the agency employing the officer is required to submit a notice 
3of that election to the Department along with a fee specified 
4by rule. 

5 (h) The Department may issue a temporary firearm control 
6card pending issuance of a new firearm control card upon an 
7agency's acquiring of an established armed account. An agency 
8that has acquired armed employees as a result of acquiring an 
9established armed account may, on forms supplied by the 
10Department, request the issuance of a temporary firearm control 
11card for each acquired employee who held a valid firearm 
12control card under his or her employment with the newly 
13acquired established armed account immediately preceding the 
14acquiring of the account and who continues to meet all of the 
15qualifications for issuance of a firearm control card set forth 
16in this Act and any rules adopted under this Act. The 
17Department shall, by rule, set the fee for issuance of a 
18temporary firearm control card.

19 (i) The Department shall not issue a firearm control card 
20to a licensed fingerprint vendor or a licensed locksmith or 
21employees of a licensed fingerprint vendor agency or a licensed 
22locksmith agency.

23(Source: P.A. 100-712, eff. 8-3-18.)


24 Section 50. The Mental Health and Developmental 
25Disabilities Code is amended by changing Sections 6-103.1, 
 
 
HB4067- 45 -LRB101 15932 RLC 65292 b


16-103.2, and 6-103.3 as follows:

2 (405 ILCS 5/6-103.1)
3 Sec. 6-103.1. Adjudication as a person with a mental 
4disability. When a person has been adjudicated as a person with 
5a mental disability as defined in Section 1.1 of the Firearm 
6Owners Identification Card Act, including, but not limited to, 
7an adjudication as a person with a disability as defined in 
8Section 11a-2 of the Probate Act of 1975, the court shall 
9direct
the circuit court clerk to notify the
Department of 
10State Police, Firearm Owner's Identification
(FOID) Office, in 
11a form and manner prescribed by the Department of State Police, 
12and shall forward a copy of the court order to the Department 
13no later than 7 days after the entry of the order. Upon receipt 
14of the order, the Department of State Police shall provide 
15notification to the National Instant Criminal Background Check 
16System. In this Section, "has been adjudicated as a mentally 
17disabled person" means the person is the subject of a 
18determination by a court, board, commission, or other lawful 
19authority that the person, as a result of marked subnormal 
20intelligence, or mental illness, mental impairment, 
21incompetency, condition, or disease:

22  (1) presents a clear and present danger to himself, 
23 herself, or to others; 

24  (2) lacks the mental capacity to manage his or her own 
25 affairs or is adjudicated a disabled person as defined in 
 
 
HB4067- 46 -LRB101 15932 RLC 65292 b


1 Section 11a-2 of the Probate Act of 1975;
2  (3) is not guilty in a criminal case by reason of 
3 insanity, mental disease or defect;
4  (3.5) is guilty but mentally ill, as provided in 
5 Section 5-2-6 of the Unified Code of Corrections; 
6  (4) is unfit to stand trial in a criminal case;
7  (5) is not guilty by reason of lack of mental 
8 responsibility under Articles 50a and 72b of the Uniform 
9 Code of Military Justice, 10 U.S.C. 850a, 876b;
10  (6) is a sexually violent person under subsection (f) 
11 of Section 5 of the Sexually Violent Persons Commitment 
12 Act;
13  (7) is a sexually dangerous person under the Sexually 
14 Dangerous Persons Act;
15  (8) is unfit to stand trial under the Juvenile Court 
16 Act of 1987;
17  (9) is not guilty by reason of insanity under the

18 Juvenile Court Act of 1987;
19  (10) is a person subject to involuntary admission on an

20 inpatient basis as defined in Section 1-119 of the Mental 
21 Health and Developmental Disabilities Code;
22  (11) is a person subject to involuntary admission on an

23 outpatient basis as defined in Section 1-119.1 of the 
24 Mental Health and Developmental Disabilities Code;
25  (12) is subject to judicial admission as set forth in

26 Section 4-500 of the Mental Health and Developmental 
 
 
HB4067- 47 -LRB101 15932 RLC 65292 b


1 Disabilities Code; or
2  (13) is subject to the provisions of the Interstate

3 Agreements on Sexually Dangerous Persons Act. 
4(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

5 (405 ILCS 5/6-103.2)
6 Sec. 6-103.2. Developmental disability; notice. If a 
7person 14 years old or older is determined to be a person with 
8a developmental disability by a physician, clinical 
9psychologist, or qualified examiner, the physician, clinical 
10psychologist, or qualified examiner shall notify the 
11Department of Human Services within 7 days of making the 
12determination that the person has a developmental disability. 
13The Department of Human Services shall immediately update its 
14records and information relating to mental health and 
15developmental disabilities, and if appropriate, shall notify 
16the Department of State Police in a form and manner prescribed 
17by the Department of State Police. Information disclosed under 
18this Section shall remain privileged and confidential, and 
19shall not be redisclosed, except as required under clause 
20(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
21subsection (e) of Section 3.1 of the Firearm Owners 
22Identification Card Act, nor used for any other purpose. The 
23method of providing this information shall guarantee that the 
24information is not released beyond that which is necessary for 
25the purpose of this Section and shall be provided by rule by 
 
 
HB4067- 48 -LRB101 15932 RLC 65292 b


1the Department of Human Services. The identity of the person 
2reporting under this Section shall not be disclosed to the 
3subject of the report.
4 The physician, clinical psychologist, or qualified 
5examiner making the determination and his or her employer may 
6not be held criminally, civilly, or professionally liable for 
7making or not making the notification required under this 
8Section, except for willful or wanton misconduct.

9 In this Section, "developmentally disabled" has the 
10meaning ascribed to it in Section 12 of the Mental Health and 
11Developmental Disabilities Confidentiality Act. 
12 In For purposes of this Section, "developmental 
13disability" means a disability which is attributable to any 
14other condition which results in impairment similar to that 
15caused by an intellectual disability and which requires 
16services similar to those required by intellectually disabled 
17persons. The disability must originate before the age of 18 
18years, be expected to continue indefinitely, and constitute a 
19substantial disability. This disability results, in the 
20professional opinion of a physician, clinical psychologist, or 
21qualified examiner, in significant functional limitations in 3 
22or more of the following areas of major life activity:
23  (i) self-care;
24  (ii) receptive and expressive language;
25  (iii) learning;
26  (iv) mobility; or
 
 
HB4067- 49 -LRB101 15932 RLC 65292 b


1  (v) self-direction.
2 "Determined to be a person with a developmental disability 
3by a physician, clinical psychologist, or qualified examiner" 
4means in the professional opinion of the physician, clinical 
5psychologist, or qualified examiner, a person is diagnosed, 
6assessed, or evaluated as having a developmental disability. 
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
8eff. 7-27-15; 99-642, eff. 7-28-16.)

9 (405 ILCS 5/6-103.3)
10 Sec. 6-103.3. Clear and present danger; notice. If a person 
11is determined to pose a clear and present danger to himself, 
12herself, or to others by a physician, clinical psychologist, or 
13qualified examiner, whether employed by the State, by any 
14public or private mental health facility or part thereof, or by 
15a law enforcement official or a school administrator, then the 
16physician, clinical psychologist, qualified examiner shall 
17notify the Department of Human Services and a law enforcement 
18official or school administrator shall notify the Department of 
19State Police, within 24 hours of making the determination that 
20the person poses a clear and present danger. The Department of 
21Human Services shall immediately update its records and 
22information relating to mental health and developmental 
23disabilities, and if appropriate, shall notify the Department 
24of State Police in a form and manner prescribed by the 
25Department of State Police. Information disclosed under this 
 
 
HB4067- 50 -LRB101 15932 RLC 65292 b


1Section shall remain privileged and confidential, and shall not 
2be redisclosed, except as required under clause (e)(2) of 
3Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
4Section 3.1 of the Firearm Owners Identification Card Act, nor 
5used for any other purpose. The method of providing this 
6information shall guarantee that the information is not 
7released beyond that which is necessary for the purpose of this 
8Section and shall be provided by rule by the Department of 
9Human Services. The identity of the person reporting under this 
10Section shall not be disclosed to the subject of the report. 
11The physician, clinical psychologist, qualified examiner, law 
12enforcement official, or school administrator making the 
13determination and his or her employer shall not be held 
14criminally, civilly, or professionally liable for making or not 
15making the notification required under this Section, except for 
16willful or wanton misconduct. This Section does not apply to a 
17law enforcement official, if making the notification under this 
18Section will interfere with an ongoing or pending criminal 
19investigation.
20 In For the purposes of this Section:
21  "Clear and present danger" means a person who:
22   (1) communicates a serious threat of physical

23 violence against a reasonably identifiable victim or 
24 poses a clear and imminent risk of serious physical 
25 injury to himself, herself, or another person as 
26 determined by a physician, clinical psychologist, or 
 
 
HB4067- 51 -LRB101 15932 RLC 65292 b


1 qualified examiner; or
2   (2) demonstrates threatening physical or verbal

3 behavior, such as violent, suicidal, or assaultive 
4 threats, actions, or other behavior, as determined by a 
5 physician, clinical psychologist, qualified examiner, 
6 school administrator, or law enforcement official. 
7  "Physician", "clinical psychologist", and "qualified 
8 examiner" have the meanings ascribed to them in the Mental 
9 Health and Developmental Disabilities Code has the meaning 
10 ascribed to it in Section 1.1 of the Firearm Owners 
11 Identification Card Act.
12  "Determined to pose a clear and present danger to 
13 himself, herself, or to others by a physician, clinical 
14 psychologist, or qualified examiner" means in the 
15 professional opinion of the physician, clinical 
16 psychologist, or qualified examiner, a person poses a clear 
17 and present danger. 
18  "School administrator" means the person required to 
19 report under the School Administrator Reporting of Mental 
20 Health Clear and Present Danger Determinations Law.

21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

22 Section 55. The Lead Poisoning Prevention Act is amended by 
23changing Section 2 as follows:



24 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


 
 
HB4067- 52 -LRB101 15932 RLC 65292 b


1 Sec. 2. Definitions. As used in this Act:

2 "Child care facility" means any structure used by a child 
3care
provider licensed by the Department of Children and Family 
4Services or
public or private school structure frequented by 
5children 6 years of
age or younger.

6 "Childhood Lead Risk Questionnaire" means the 
7questionnaire developed by the Department for use by physicians 
8and other health care providers to determine risk factors for 
9children 6 years of age or younger residing in areas designated 
10as low risk for lead exposure.
11 "Delegate agency" means a unit of local government or 
12health
department approved by the Department to carry out the 
13provisions of this Act.

14 "Department" means the Department of Public Health.

15 "Director" means the Director of Public Health. 

16 "Dwelling unit" means an individual unit within a 
17residential building used as living quarters for one household. 
18 "Elevated blood lead level" means a blood lead level in 
19excess of the limits established under State rules. 
20 "Exposed surface" means any interior or exterior surface of

21a regulated facility. 
22 "High risk area" means an area in the State determined by 
23the Department to
be high risk for lead exposure for children 6 
24years of age or younger. The
Department may consider, but is 
25not limited to, the following factors to
determine a high risk 
26area: age and condition (using Department of Housing and
Urban

 
 
HB4067- 53 -LRB101 15932 RLC 65292 b


1Development definitions of "slum" and "blighted") of housing, 
2proximity to
highway traffic or heavy local traffic or both, 
3percentage of housing
determined as rental or vacant, proximity 
4to industry using lead, established
incidence of elevated blood 
5lead levels in children, percentage of population
living
below 
6200% of federal poverty guidelines, and number of children 
7residing in
the area who are 6 years of age or younger.

8 "Lead abatement" means any approved work practices that 
9will permanently eliminate lead exposure or remove the 
10lead-bearing substances in a regulated facility. The 
11Department shall establish by rule which work practices are 
12approved or prohibited for lead abatement. 
13 "Lead abatement contractor" means any person or entity 
14licensed by the
Department to perform lead abatement and 
15mitigation.

16 "Lead abatement supervisor" means any person employed by a 
17lead abatement contractor and licensed by the Department to 
18perform lead abatement and lead mitigation and to supervise 
19lead workers who perform lead abatement and lead mitigation. 
20 "Lead abatement worker" means any person employed by a lead 
21abatement
contractor and licensed by the Department to perform 
22lead abatement and
mitigation.

23 "Lead activities" means the conduct of any lead services, 
24including, lead inspection, lead risk assessment, lead 
25mitigation, or lead abatement work or supervision in a 
26regulated facility. 
 
 
HB4067- 54 -LRB101 15932 RLC 65292 b


1 "Lead-bearing substance" means any item containing or 
2coated with lead such that the lead content is more than 
3six-hundredths of one percent (0.06%) lead by total weight; or 
4any dust on surfaces or in
furniture or other nonpermanent 
5elements of the regulated facility; or any paint or
other 
6surface coating material containing more than five-tenths of 
7one
percent (0.5%) lead by total weight (calculated as lead 
8metal) in the total
non-volatile content of liquid paint; or 
9lead-bearing substances containing
greater than one milligram 
10per square centimeter or any lower standard for
lead content in 
11residential paint as may be established by federal law or rule; 
12or more than 1 milligram per square centimeter in the dried

13film of paint or previously applied substance; or item or dust 
14on item containing lead in
excess of the amount specified in 
15the rules authorized by
this Act or a lower standard for lead 
16content as may be established by
federal law or rule. 
17"Lead-bearing substance" does not include firearm ammunition 
18or components as defined by Section 2-7.1 of the Criminal Code 
19of 2012 the Firearm Owners Identification Card Act.

20 "Lead hazard" means a lead-bearing substance that poses an

21immediate health hazard to humans.

22 "Lead hazard screen" means a lead risk assessment that 
23involves limited dust and paint sampling for lead-bearing 
24substances and lead hazards. This service is used as a 
25screening tool designed to determine if further lead 
26investigative services are required for the regulated 
 
 
HB4067- 55 -LRB101 15932 RLC 65292 b


1facility.
2 "Lead inspection" means a surface-by-surface investigation 
3to determine the presence of lead-based paint.
4 "Lead inspector" means an individual who has been trained 
5by a Department-approved training program and is licensed by 
6the Department to conduct lead inspections; to sample for the 
7presence of lead in paint, dust, soil, and water; and to 
8conduct compliance investigations. 
9 "Lead mitigation" means the remediation, in a
manner 
10described in Section 9, of a lead hazard so that the

11lead-bearing substance does not pose an immediate
health hazard 
12to humans. 
13 "Lead poisoning" means having an elevated blood lead level.

14 "Lead risk assessment" means an on-site investigation to 
15determine the existence, nature, severity, and location of lead 
16hazards. "Lead risk assessment" includes any lead sampling and 
17visual assessment associated with conducting a lead risk 
18assessment and lead hazard screen and all lead sampling 
19associated with compliance investigations.
20 "Lead risk assessor" means an individual who has been 
21trained by a Department-approved training program and is 
22licensed by the Department to conduct lead risk assessments, 
23lead inspections, and lead hazard screens; to sample for the 
24presence of lead in paint, dust, soil, water, and sources for 
25lead-bearing substances; and to conduct compliance 
26investigations.
 
 
HB4067- 56 -LRB101 15932 RLC 65292 b


1 "Lead training program provider" means any person 
2providing Department-approved lead training in Illinois to 
3individuals seeking licensure in accordance with the Act. 
4 "Low risk area" means an area in the State determined by

5the Department to be low risk for lead exposure for children 6 
6years of age or younger. The Department may consider the 
7factors named in "high risk area" to determine low
risk areas. 
8 "Owner" means any person, who alone, jointly, or severally 
9with
others:

10  (a) Has legal title to any regulated facility, with or

11 without actual possession of the regulated facility, or

12  (b) Has charge, care, or control of the regulated 
13 facility as owner or agent of the owner, or as executor, 
14 administrator,
trustee, or guardian of the estate of the 
15 owner.

16 "Person" means any individual, partnership, firm, company, 
17limited liability company, corporation, association, joint 
18stock company, trust, estate, political subdivision, State 
19agency, or any other legal entity, or their legal 
20representative, agent, or assign.

21 "Regulated facility" means a residential building or child 
22care facility. 
23 "Residential building" means any room, group of rooms, or 
24other
interior areas of a structure designed or used for human 
25habitation; common
areas accessible by inhabitants; and the 
26surrounding property or structures.

 
 
HB4067- 57 -LRB101 15932 RLC 65292 b


1(Source: P.A. 100-723, eff. 1-1-19.)



2 (430 ILCS 65/Act rep.)

3 Section 60. The Firearm Owners Identification Card Act is 
4repealed.

5 Section 65. The Firearm Concealed Carry Act is amended by 
6changing Sections 25, 30, 40, 70, 80, and 105 as follows:

7 (430 ILCS 66/25)

8 Sec. 25. Qualifications for a license. 
9 The Department shall issue a license to an applicant 
10completing an application in accordance with Section 30 of this 
11Act if the person:
12  (1) is at least 21 years of age;
13  (2) has a currently valid Firearm Owner's 
14 Identification Card and at the time of application meets 
15 the requirements for the issuance of a Firearm Owner's 
16 Identification Card and is not prohibited under State or 
17 the Firearm Owners Identification Card Act or federal law 
18 from possessing or receiving a firearm;
19  (3) has not been convicted or found guilty in this 
20 State or in any other state of:
21   (A) a misdemeanor involving the use or threat of 
22 physical force or violence to any person within the 5 
23 years preceding the date of the license application; or
 
 
HB4067- 58 -LRB101 15932 RLC 65292 b


1   (B) 2 or more violations related to driving while 
2 under the influence of alcohol, other drug or drugs, 
3 intoxicating compound or compounds, or any combination 
4 thereof, within the 5 years preceding the date of the 
5 license application;
6  (4) is not the subject of a pending arrest warrant, 
7 prosecution, or proceeding for an offense or action that 
8 could lead to disqualification to own or possess a firearm;
9  (5) has not been in residential or court-ordered 
10 treatment for alcoholism, alcohol detoxification, or drug 
11 treatment within the 5 years immediately preceding the date 
12 of the license application; and
13  (6) has completed firearms training and any education 
14 component required under Section 75 of this Act.

15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

16 (430 ILCS 66/30)

17 Sec. 30. Contents of license application. 
18 (a) The license application shall be in writing, under 
19penalty of perjury, on a standard form adopted by the 
20Department and shall be accompanied by the documentation 
21required in this Section and the applicable fee. Each 
22application form shall include the following statement printed 
23in bold type: "Warning: Entering false information on this form 
24is punishable as perjury under Section 32-2 of the Criminal 
25Code of 2012."
 
 
HB4067- 59 -LRB101 15932 RLC 65292 b


1 (b) The application shall contain the following:
2  (1) the applicant's name, current address, date and 
3 year of birth, place of birth, height, weight, hair color, 
4 eye color, maiden name or any other name the applicant has 
5 used or identified with, and any address where the 
6 applicant resided for more than 30 days within the 10 years 
7 preceding the date of the license application;
8  (2) the applicant's valid driver's license number or 
9 valid state identification card number;
10  (3) a waiver of the applicant's privacy and 
11 confidentiality rights and privileges under all federal 
12 and state laws, including those limiting access to juvenile 
13 court, criminal justice, psychological, or psychiatric 
14 records or records relating to any institutionalization of 
15 the applicant, and an affirmative request that a person 
16 having custody of any of these records provide it or 
17 information concerning it to the Department. The waiver 
18 only applies to records sought in connection with 
19 determining whether the applicant qualifies for a license 
20 to carry a concealed firearm under this Act, or whether the 
21 applicant remains in compliance with the Firearm Owners 
22 Identification Card Act;
23  (4) an affirmation that the applicant is not prohibited 
24 under State or federal law from possessing or receiving a 
25 firearm possesses a currently valid Firearm Owner's 
26 Identification Card and card number if possessed or notice 
 
 
HB4067- 60 -LRB101 15932 RLC 65292 b


1 the applicant is applying for a Firearm Owner's 
2 Identification Card in conjunction with the license 
3 application;
4  (5) an affirmation that the applicant has not been 
5 convicted or found guilty of:
6   (A) a felony;
7   (B) a misdemeanor involving the use or threat of 
8 physical force or violence to any person within the 5 
9 years preceding the date of the application; or
10   (C) 2 or more violations related to driving while 
11 under the influence of alcohol, other drug or drugs, 
12 intoxicating compound or compounds, or any combination 
13 thereof, within the 5 years preceding the date of the 
14 license application; and
15  (6) whether the applicant has failed a drug test for a 
16 drug for which the applicant did not have a prescription, 
17 within the previous year, and if so, the provider of the 
18 test, the specific substance involved, and the date of the 
19 test;
20  (7) written consent for the Department to review and 
21 use the applicant's Illinois digital driver's license or 
22 Illinois identification card photograph and signature;
23  (8) a full set of fingerprints submitted to the 
24 Department in electronic format, provided the Department 
25 may accept an application submitted without a set of 
26 fingerprints in which case the Department shall be granted 
 
 
HB4067- 61 -LRB101 15932 RLC 65292 b


1 30 days in addition to the 90 days provided under 
2 subsection (e) of Section 10 of this Act to issue or deny a 
3 license;
4  (9) a head and shoulder color photograph in a size 
5 specified by the Department taken within the 30 days 
6 preceding the date of the license application; and
7  (10) a photocopy of any certificates or other evidence 
8 of compliance with the training requirements under this 
9 Act.

10(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

11 (430 ILCS 66/40)

12 Sec. 40. Non-resident license applications. 
13 (a) For the purposes of this Section, "non-resident" means 
14a person who has not resided within this State for more than 30 
15days and resides in another state or territory.
16 (b) The Department shall by rule allow for non-resident 
17license applications from any state or territory of the United 
18States with laws related to firearm ownership, possession, and 
19carrying, that are substantially similar to the requirements to 
20obtain a license under this Act.
21 (c) A resident of a state or territory approved by the 
22Department under subsection (b) of this Section may apply for a 
23non-resident license. The applicant shall apply to the 
24Department and must meet all of the qualifications established 
25in Section 25 of this Act, except for the Illinois residency 
 
 
HB4067- 62 -LRB101 15932 RLC 65292 b


1requirement in item (xiv) of paragraph (2) of subsection (a) of 
2Section 4 of the Firearm Owners Identification Card Act. The 
3applicant shall submit:
4  (1) the application and documentation required under 
5 Section 30 of this Act and the applicable fee;
6  (2) a notarized document stating that the applicant:
7   (A) is eligible under federal law and the laws of 
8 his or her state or territory of residence to own or 
9 possess a firearm;
10   (B) if applicable, has a license or permit to carry 
11 a firearm or concealed firearm issued by his or her 
12 state or territory of residence and attach a copy of 
13 the license or permit to the application;
14   (C) understands Illinois laws pertaining to the 
15 possession and transport of firearms; and
16   (D) acknowledges that the applicant is subject to 
17 the jurisdiction of the Department and Illinois courts 
18 for any violation of this Act;
19  (3) a photocopy of any certificates or other evidence 
20 of compliance with the training requirements under Section 
21 75 of this Act; and
22  (4) a head and shoulder color photograph in a size 
23 specified by the Department taken within the 30 days 
24 preceding the date of the application.
25 (d) In lieu of an Illinois driver's license or Illinois 
26identification card, a non-resident applicant shall provide 
 
 
HB4067- 63 -LRB101 15932 RLC 65292 b


1similar documentation from his or her state or territory of 
2residence. The applicant shall submit In lieu of a valid 
3Firearm Owner's Identification Card, the applicant shall 
4submit documentation and information required by the 
5Department to obtain a Firearm Owner's Identification Card, 
6including an affidavit that the non-resident meets the mental 
7health standards to obtain a firearm under Illinois law, and 
8the Department shall ensure that the applicant would meet the 
9eligibility criteria under State law to possess a firearm to 
10obtain a Firearm Owner's Identification card if he or she was a 
11resident of this State.
12 (e) Nothing in this Act shall prohibit a non-resident from 
13transporting a concealed firearm within his or her vehicle in 
14Illinois, if the concealed firearm remains within his or her 
15vehicle and the non-resident:
16  (1) is not prohibited from owning or possessing a 
17 firearm under federal law;
18  (2) is eligible to carry a firearm in public under the 
19 laws of his or her state or territory of residence, as

20 evidenced by the possession of a concealed carry license or 
21 permit issued by his or her state of residence, if

22 applicable; and
23  (3) is not in possession of a license under this Act.
24 If the non-resident leaves his or her vehicle unattended, 
25he or she shall store the firearm within a locked vehicle or 
26locked container within the vehicle in accordance with 
 
 
HB4067- 64 -LRB101 15932 RLC 65292 b


1subsection (b) of Section 65 of this Act.

2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
3eff. 7-20-15.)

4 (430 ILCS 66/70)
5 Sec. 70. Violations. 
6 (a) A license issued or renewed under this Act shall be 
7revoked if, at any time, the licensee is found to be ineligible 
8for a license under this Act or the licensee is prohibited from 
9possessing a firearm under State or federal law no longer meets 
10the eligibility requirements of the Firearm Owners 
11Identification Card Act.
12 (b) A license shall be suspended if an order of protection, 
13including an emergency order of protection, plenary order of 
14protection, or interim order of protection under Article 112A 
15of the Code of Criminal Procedure of 1963 or under the Illinois 
16Domestic Violence Act of 1986, or if a firearms restraining 
17order, including an emergency firearms restraining order, 
18under the Firearms Restraining Order Act, is issued against a 
19licensee for the duration of the order, or if the Department is 
20made aware of a similar order issued against the licensee in 
21any other jurisdiction. If an order of protection is issued 
22against a licensee, the licensee shall surrender the license, 
23as applicable, to the court at the time the order is entered or 
24to the law enforcement agency or entity serving process at the 
25time the licensee is served the order. The court, law 
 
 
HB4067- 65 -LRB101 15932 RLC 65292 b


1enforcement agency, or entity responsible for serving the order 
2of protection shall notify the Department within 7 days and 
3transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license, 
5unless the licensee has submitted an application to renew the 
6license, and the applicant is otherwise eligible to possess a 
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while 
9under the influence of alcohol, other drug or drugs, 
10intoxicating compound or combination of compounds, or any 
11combination thereof, under the standards set forth in 
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be 
14guilty of a Class A misdemeanor for a first or second violation 
15and a Class 4 felony for a third violation. The Department may 
16suspend a license for up to 6 months for a second violation and 
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation 
19of this Act shall be guilty of a Class B misdemeanor. A second 
20or subsequent violation is a Class A misdemeanor. The 
21Department may suspend a license for up to 6 months for a 
22second violation and shall permanently revoke a license for 3 
23or more violations of Section 65 of this Act. Any person 
24convicted of a violation under this Section shall pay a $150 
25fee to be deposited into the Mental Health Reporting Fund, plus 
26any applicable court costs or fees.
 
 
HB4067- 66 -LRB101 15932 RLC 65292 b


1 (f) A licensee convicted or found guilty of a violation of 
2this Act who has a valid license and is otherwise eligible to 
3carry a concealed firearm shall only be subject to the 
4penalties under this Section and shall not be subject to the 
5penalties under Section 21-6, paragraph (4), (8), or (10) of 
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
7of paragraph (3) of subsection (a) of Section 24-1.6 of the 
8Criminal Code of 2012. Except as otherwise provided in this 
9subsection, nothing in this subsection prohibits the licensee 
10from being subjected to penalties for violations other than 
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or 
13denied shall, within 48 hours of receiving notice of the 
14revocation, suspension, or denial, surrender his or her 
15concealed carry license to the local law enforcement agency 
16where the person resides. The local law enforcement agency 
17shall provide the licensee a receipt and transmit the concealed 
18carry license to the Department of State Police. If the 
19licensee whose concealed carry license has been revoked, 
20suspended, or denied fails to comply with the requirements of 
21this subsection, the law enforcement agency where the person 
22resides may petition the circuit court to issue a warrant to 
23search for and seize the concealed carry license in the 
24possession and under the custody or control of the licensee 
25whose concealed carry license has been revoked, suspended, or 
26denied. The observation of a concealed carry license in the 
 
 
HB4067- 67 -LRB101 15932 RLC 65292 b


1possession of a person whose license has been revoked, 
2suspended, or denied constitutes a sufficient basis for the 
3arrest of that person for violation of this subsection. A 
4violation of this subsection is a Class A misdemeanor.
5 (h) (Blank). A license issued or renewed under this Act 
6shall be revoked if, at any time, the licensee is found 
7ineligible for a Firearm Owner's Identification Card, or the 
8licensee no longer possesses a valid Firearm Owner's 
9Identification Card. A licensee whose license is revoked under 
10this subsection (h) shall surrender his or her concealed carry 
11license as provided for in subsection (g) of this Section. 
12 This subsection shall not apply to a person who has filed 
13an application with the State Police for renewal of a Firearm

14Owner's Identification Card and who is not otherwise ineligible 
15to obtain a Firearm Owner's Identification Card.

16 (i) A certified firearms instructor who knowingly provides 
17or offers to provide a false certification that an applicant 
18has completed firearms training as required under this Act is 
19guilty of a Class A misdemeanor. A person guilty of a violation 
20of this subsection (i) is not eligible for court supervision. 
21The Department shall permanently revoke the firearms 
22instructor certification of a person convicted under this 
23subsection (i). 
24(Source: P.A. 100-607, eff. 1-1-19.)

25 (430 ILCS 66/80)
 
 
HB4067- 68 -LRB101 15932 RLC 65292 b


1 Sec. 80. Certified firearms instructors. 
2 (a) Within 60 days of the effective date of this Act, the 
3Department shall begin approval of certified firearms 
4instructors and enter certified firearms instructors into an 
5online registry on the Department's website.
6 (b) A person who is not a certified firearms instructor 
7shall not teach applicant training courses or advertise or 
8otherwise represent courses they teach as qualifying their 
9students to meet the requirements to receive a license under 
10this Act. Each violation of this subsection is a business 
11offense with a fine of at least $1,000 per violation.
12 (c) A person seeking to become a certified firearms 
13instructor shall:
14  (1) be at least 21 years of age;
15  (2) be a legal resident of the United States; and
16  (3) meet the requirements of Section 25 of this Act, 
17 except for the Illinois residency
requirement in item (xiv) 
18 of paragraph (2) of subsection (a) of Section 4 of the 
19 Firearm
Owners Identification Card Act; and any additional 
20 uniformly applied requirements established by the 
21 Department.
22 (d) A person seeking to become a certified firearms 
23instructor, in addition to the requirements of subsection (c) 
24of this Section, shall:
25  (1) possess a high school diploma or high school 
26 equivalency certificate; and
 
 
HB4067- 69 -LRB101 15932 RLC 65292 b


1  (2) have at least one of the following valid firearms 
2 instructor certifications:
3   (A) certification from a law enforcement agency;
4   (B) certification from a firearm instructor course 
5 offered by a State or federal governmental agency;
6   (C) certification from a firearm instructor 
7 qualification course offered by the Illinois Law 
8 Enforcement Training Standards Board; or
9   (D) certification from an entity approved by the 
10 Department that offers firearm instructor education 
11 and training in the use and safety of firearms.
12 (e) A person may have his or her firearms instructor 
13certification denied or revoked if he or she does not meet the 
14requirements to obtain a license under this Act, provides false 
15or misleading information to the Department, or has had a prior 
16instructor certification revoked or denied by the Department.

17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, 
18eff. 1-1-15.)

19 (430 ILCS 66/105)

20 Sec. 105. Duty of school administrator. It is the duty of 
21the principal
of a public elementary or secondary school, or 
22his or her designee, and the
chief administrative officer of a 
23private elementary or secondary school or a
public or private 
24community college, college, or university, or his or her

25designee, to report to the Department of State Police when a 
 
 
HB4067- 70 -LRB101 15932 RLC 65292 b


1student is determined to pose a clear and present danger to 
2himself, herself, or to others, within 24 hours of
the 
3determination as provided in Section 6-103.3 of the Mental 
4Health and Developmental Disabilities Code. "Clear and present 
5danger" has the meaning as provided in paragraph (2) of the 
6definition of "clear and present danger" in Section 6-103.3 of 
7the Mental Health and Developmental Disabilities Code 1.1 of 
8the Firearm Owners Identification Card Act.

9(Source: P.A. 98-63, eff. 7-9-13.)

10 Section 70. The Firearm Dealer License Certification Act is 
11amended by changing Sections 5-20 and 5-25 as follows:

12 (430 ILCS 68/5-20)

13 Sec. 5-20. Additional licensee requirements. 
14 (a) A certified licensee shall make a photo copy of a 
15buyer's or transferee's valid photo identification card 
16whenever a firearm sale transaction takes place. The photo copy 
17shall be attached to the documentation detailing the record of 
18sale.
19 (b) A certified licensee shall post in a conspicuous 
20position on the premises where the licensee conducts business a 
21sign that contains the following warning in block letters not 
22less than one inch in height:
23  "With few exceptions enumerated in the Criminal Code of 
24 2012 Firearm Owners Identification Card Act, it is unlawful 
 
 
HB4067- 71 -LRB101 15932 RLC 65292 b


1 for you to:
2   (A) store or leave an unsecured firearm in a place 
3 where a child can obtain access to it;

4   (B) sell or transfer your firearm to someone else 
5 without receiving approval for the transfer from the 
6 Department of State Police, or
7   (C) fail to report the loss or theft of your 
8 firearm to local law enforcement within 72 hours.".
9This sign shall be created by the Department and made available 
10for printing or downloading from the Department's website.
11 (c) No retail location established after the effective date 
12of this Act shall be located within 500 feet of any school, 
13pre-school, or day care facility in existence at its location 
14before the retail location is established as measured from the 
15nearest corner of the building holding the retail location to 
16the corner of the school, pre-school, or day care facility 
17building nearest the retail location at the time the retail 
18location seeks licensure.

19(Source: P.A. 100-1178, eff. 1-18-19.)

20 (430 ILCS 68/5-25)

21 Sec. 5-25. Exemptions. The provisions of this Act related

22to the certification of a license do not apply to a
person or 
23entity that engages in the following
activities:
24  (1) temporary transfers of firearms solely for use at 
25 the
location or on the premises where the transfer takes 
 
 
HB4067- 72 -LRB101 15932 RLC 65292 b


1 place,
such as transfers at a shooting range for use at 
2 that location;
3  (2) temporary transfers of firearms solely for use 
4 while in
the presence of the transferor or transfers for 
5 the
purposes of firearm safety training by a firearms 
6 safety training instructor;
7  (3) transfers of firearms among immediate family or

8 household members, as "immediate family or household 
9 member" is
defined in Section 3-2.7-10 of the Unified Code 
10 of Corrections, provided that both the transferor and 
11 transferee are not prohibited from possessing a firearm 
12 under federal or State law have a currently valid Firearm 
13 Owner's Identification Card; however, this paragraph (3) 
14 does not limit the familial gift exemption under paragraph 
15 (2) of subsection (a-15) of Section 3 of the Firearm Owners 
16 Identification Card Act;
17  (4) transfers by persons or entities acting under 
18 operation
of law or a court order;
19  (5) transfers by persons or entities liquidating all or

20 part of a collection. For purposes of this paragraph (5),

21 "collection" means 2 or more firearms which are of special

22 interest to collectors by reason of some quality other than 
23 is
associated with firearms intended for sporting use or as

24 offensive or defensive weapons;
25  (6) transfers of firearms that have been rendered

26 permanently inoperable to a nonprofit historical society,

 
 
HB4067- 73 -LRB101 15932 RLC 65292 b


1 museum, or institutional collection;
2  (7) transfers by a law enforcement or corrections 
3 agency or
a law enforcement or corrections officer acting 
4 within the
course and scope of his or her official duties;
5  (8) (blank); transfers to a State or local law 
6 enforcement agency by a person who has his or her Firearm

7 Owner's Identification Card revoked;
8  (9) transfers of curios and relics, as defined under

9 federal law, between collectors licensed under subsection 
10 (b)
of Section 923 of the federal Gun Control Act of 1968;
11  (10) transfers by a person or entity licensed as an 
12 auctioneer under the Auction License Act;
13  (10.5) transfers of firearms to a resident registered 
14 competitor or attendee or non-resident registered 
15 competitor or attendee by a licensed federal firearms 
16 dealer under Section 923 of the federal Gun Control Act of 
17 1968 at a competitive shooting event held at the World 
18 Shooting and Recreational Complex that is sanctioned by a 
19 national governing body; or 
20  (11) transfers between a pawnshop and a customer which 
21 amount to a bailment. For purposes of this paragraph (11), 
22 "bailment" means the act of placing property in the custody 
23 and control of another, by agreement in which the holder is 
24 responsible for the safekeeping and return of the property. 

25(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

 
 
HB4067- 74 -LRB101 15932 RLC 65292 b


1 Section 75. The Wildlife Code is amended by changing 
2Sections 3.2 and 3.2a as follows:



3 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



4 Sec. 3.2. Hunting license; application; instruction. 
5Before the
Department or any county, city, village, township, 
6incorporated town clerk
or his duly designated agent or any 
7other person authorized or designated
by the Department to 
8issue hunting licenses shall issue a hunting license
to any 
9person, the person shall file his application with the 
10Department or
other party authorized to issue licenses on a 
11form provided by the
Department and further give definite proof 
12of identity and place of legal
residence. Each clerk 
13designating agents to issue licenses and stamps
shall furnish 
14the Department, within 10 days following the appointment, the

15names and mailing addresses of the agents. Each clerk or his 
16duly
designated agent shall be authorized to sell licenses and 
17stamps only
within the territorial area for which he was 
18elected or appointed. No duly
designated agent is authorized to 
19furnish licenses or stamps for
issuance by any other business 
20establishment. Each
application shall be executed and sworn to 
21and shall set forth the name
and description of the applicant 
22and place of residence.

23 No hunting license shall be issued to any person born on or 
24after January
1,
1980
unless he presents the person authorized 
25to issue the license
evidence that he has held a hunting 
 
 
HB4067- 75 -LRB101 15932 RLC 65292 b


1license issued by the State of Illinois
or another state in a 
2prior year, or a certificate of competency as
provided in this 
3Section. Persons under 18 years of age may be issued a
Lifetime 
4Hunting or Sportsmen's Combination License as provided under 
5Section
20-45 of the Fish and Aquatic Life Code but shall not 
6be entitled to hunt alone, without the supervision of an adult 
7age 21 or older,
unless they have a certificate of competency 
8as provided in this Section and
the certificate is in their 
9possession while hunting.

10 The Department of Natural Resources shall authorize

11personnel of the
Department or certified volunteer instructors 
12to conduct courses, of not
less than 10 hours in length, in 
13firearms and hunter safety, which may include
training in bow 
14and arrow safety, at regularly specified intervals throughout

15the State. Persons successfully completing the course shall 
16receive a
certificate of competency. The Department of Natural 
17Resources may further
cooperate with any reputable association 
18or organization in establishing
courses if the organization has 
19as one of its objectives the promotion of
safety in the 
20handling of firearms or bow and arrow.

21 The Department of Natural Resources shall designate any

22person found by it
to be competent to give instruction in the 
23handling of firearms, hunter
safety, and bow and arrow. The 
24persons so appointed shall give the
course of instruction and 
25upon the successful completion shall
issue to the person 
26instructed a certificate of competency in the safe
handling of 
 
 
HB4067- 76 -LRB101 15932 RLC 65292 b


1firearms, hunter safety, and bow and arrow. No charge shall
be 
2made for any course of instruction except for materials or 
3ammunition
consumed. The Department of Natural Resources shall

4furnish information on
the requirements of hunter safety 
5education programs to be distributed
free of charge to 
6applicants for hunting licenses by the persons
appointed and 
7authorized to issue licenses. Funds for the conducting of

8firearms and hunter safety courses shall be taken from the fee 
9charged
for the Firearm Owners Identification Card.

10 The fee for a hunting license to hunt all species for a 
11resident of
Illinois is $12. For residents age 65 or older, 
12and, commencing with the 2012 license year, resident veterans 
13of the United States Armed Forces after returning from service 
14abroad or mobilization by the President of the United States, 
15the fee is one-half of the
fee charged for a hunting license to 
16hunt all species for a resident of
Illinois. Veterans must 
17provide to the Department, at one of the Department's 5 
18regional offices, verification of their service. The 
19Department shall establish what constitutes suitable 
20verification of service for the purpose of issuing resident 
21veterans hunting
licenses at a reduced fee. The fee for a 
22hunting license to hunt all species shall be $1 for residents 
23over 75 years of age. Nonresidents shall be charged $57 for a 
24hunting license.

25 Nonresidents may be issued a nonresident hunting license 
26for a
period not to exceed 10 consecutive days' hunting in the 
 
 
HB4067- 77 -LRB101 15932 RLC 65292 b


1State and shall
be charged a fee of $35.

2 A special nonresident hunting license authorizing a 
3nonresident to
take game birds by hunting on a game breeding 
4and hunting preserve
area only, established under Section 3.27, 
5shall be issued upon proper
application being made and payment 
6of a fee equal to that for a resident
hunting license. The 
7expiration date of this license shall be on the same
date each 
8year that game breeding and hunting preserve
area licenses 
9expire.

10 Each applicant for a State Migratory Waterfowl Stamp, 
11regardless of
his residence or other condition, shall pay a fee 
12of $15 and
shall receive a stamp. The fee for a State Migratory 
13Waterfowl Stamp shall be waived for residents over 75 years of 
14age. Except as provided under
Section 20-45 of the Fish and 
15Aquatic Life Code,
the stamp shall be signed by the person or 
16affixed to his license
or permit in a space designated by the 
17Department for that purpose.

18 Each applicant for a State Habitat Stamp, regardless of his 
19residence
or other condition, shall pay a fee of $5 and shall 
20receive a
stamp. The fee for a State Habitat Stamp shall be 
21waived for residents over 75 years of age. Except as provided 
22under Section 20-45 of the Fish and Aquatic Life
Code, the 
23stamp shall be signed by the person or affixed to his license 
24or
permit in a space designated by the Department for that 
25purpose.

26 Nothing in this Section shall be construed as to require 
 
 
HB4067- 78 -LRB101 15932 RLC 65292 b


1the purchase
of more than one State Habitat Stamp by any person 
2in any one license year.

3 The fees for State Pheasant Stamps and State Furbearer 
4Stamps shall be waived for residents over 75 years of age. 
5 The Department shall furnish the holders of hunting 
6licenses and stamps
with an insignia as evidence of possession 
7of license, or license and
stamp, as the Department may 
8consider advisable. The insignia shall be
exhibited and used as 
9the Department may order.

10 All other hunting licenses and all State stamps shall 
11expire upon
March 31 of each year.

12 Every person holding any license, permit, or stamp issued 
13under the
provisions of this Act shall have it in his 
14possession for immediate
presentation for inspection to the 
15officers and authorized employees of
the Department, any 
16sheriff, deputy sheriff, or any other peace officer making
a 
17demand for it. This provision shall not apply to Department 
18owned or
managed sites where it is required that all hunters 
19deposit their license or ,
permit, or Firearm Owner's 
20Identification Card at the check station upon
entering the 
21hunting areas.

22(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)






23 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



24 Sec. 3.2a. 
Every person holding any license, permit or 
25stamp issued under the
provisions hereof shall have it in his 
 
 
HB4067- 79 -LRB101 15932 RLC 65292 b


1possession for immediate
presentation for inspection to the 
2officers and authorized employees of
the Department, any 
3sheriff, deputy sheriff or any other peace officer making
a 
4demand for it.
This provision shall not apply to Department 
5owned or managed sites where
it is required that all hunters 
6deposit their license or , permit or Firearm
Owner's 
7Identification Card at the check station upon entering the 
8hunting areas. 

9(Source: P.A. 85-152.)



10 Section 80. The Criminal Code of 2012 is amended by 
11changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
1224-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3B, 24-3.1, 24-3.2, 
1324-3.4, 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as 
14follows:




15 (720 ILCS 5/2-7.1)



16 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
17"Firearm
"Firearm" and "firearm
ammunition" means any 
18self-contained cartridge or shotgun shell, by whatever name 
19known, which is designed to be used or adaptable to use in a 
20firearm; excluding, however:
21 (1) any ammunition exclusively designed for use with
a 
22device used exclusively for signalling or safety and required 
23or recommended by the United States Coast Guard or the 
24Interstate Commerce Commission; and
 
 
HB4067- 80 -LRB101 15932 RLC 65292 b


1 (2) any ammunition designed exclusively for use with
a stud 
2or rivet driver or other similar industrial ammunition
have the 
3meanings ascribed to them in Section 1.1 of the Firearm
Owners 
4Identification Card Act.

5(Source: P.A. 91-544, eff. 1-1-00.)





6 (720 ILCS 5/2-7.5)



7 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
8specific
Section, "firearm" means any device, by whatever name 
9known, which is designed to expel a projectile or projectiles 
10by the action of an explosion, expansion of gas or escape of 
11gas; excluding, however:
12 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
13gun which
expels a single globular projectile not exceeding .18 
14inch in
diameter or which has a maximum muzzle velocity of less 
15than 700 feet
per second;
16 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B 
17gun which expels breakable paint balls containing washable 
18marking colors; 
19 (2) any device used exclusively for signalling or
safety 
20and required or recommended by the United States Coast Guard or 
21the Interstate Commerce Commission;
22 (3) any device used exclusively for the firing of
stud 
23cartridges, explosive rivets, or similar industrial 
24ammunition; and
25 (4) an antique firearm (other than a machine-gun)
which, 
 
 
HB4067- 81 -LRB101 15932 RLC 65292 b


1although designed as a weapon, the Illinois State Police finds 
2by reason of the date of its manufacture, value, design, and 
3other characteristics is primarily a collector's item and is 
4not likely to be used as a weapon has the meaning ascribed to 
5it in Section 1.1 of the
Firearm Owners Identification Card 
6Act.

7(Source: P.A. 95-331, eff. 8-21-07.)



8 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


9 Sec. 12-3.05. Aggravated battery. 

10 (a) Offense based on injury. A person commits aggravated 
11battery when, in committing a battery, other than by the 
12discharge of a firearm, he or she knowingly does any of the 
13following:
14  (1) Causes great bodily harm or permanent disability or 
15 disfigurement.
16  (2) Causes severe and permanent disability, great 
17 bodily harm, or disfigurement by means of a caustic or 
18 flammable substance, a poisonous gas, a deadly biological 
19 or chemical contaminant or agent, a radioactive substance, 
20 or a bomb or explosive compound.
21  (3) Causes great bodily harm or permanent disability or 
22 disfigurement to an individual whom the person knows to be 
23 a peace officer, community policing volunteer, fireman, 
24 private security officer, correctional institution 
25 employee, or Department of Human Services employee 
 
 
HB4067- 82 -LRB101 15932 RLC 65292 b


1 supervising or controlling sexually dangerous persons or 
2 sexually violent persons:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (4) Causes great bodily harm or permanent disability or 
9 disfigurement to an individual 60 years of age or older.
10  (5) Strangles another individual. 
11 (b) Offense based on injury to a child or person with an 
12intellectual disability. A person who is at least 18 years of 
13age commits aggravated battery when, in committing a battery, 
14he or she knowingly and without legal justification by any 
15means:
16  (1) causes great bodily harm or permanent disability or 
17 disfigurement to any child under the age of 13 years, or to 
18 any person with a severe or profound intellectual 
19 disability; or
20  (2) causes bodily harm or disability or disfigurement 
21 to any child under the age of 13 years or to any person 
22 with a severe or profound intellectual disability. 
23 (c) Offense based on location of conduct. A person commits 
24aggravated battery when, in committing a battery, other than by 
25the discharge of a firearm, he or she is or the person battered 
26is on or about a public way, public property, a public place of 
 
 
HB4067- 83 -LRB101 15932 RLC 65292 b


1accommodation or amusement, a sports venue, or a domestic 
2violence shelter, or in a church, synagogue, mosque, or other 
3building, structure, or place used for religious worship.
4 (d) Offense based on status of victim. A person commits 
5aggravated battery when, in committing a battery, other than by 
6discharge of a firearm, he or she knows the individual battered 
7to be any of the following:
8  (1) A person 60 years of age or older.
9  (2) A person who is pregnant or has a physical 
10 disability.
11  (3) A teacher or school employee upon school grounds or 
12 grounds adjacent to a school or in any part of a building 
13 used for school purposes.
14  (4) A peace officer, community policing volunteer, 
15 fireman, private security officer, correctional 
16 institution employee, or Department of Human Services 
17 employee supervising or controlling sexually dangerous 
18 persons or sexually violent persons:
19   (i) performing his or her official duties;
20   (ii) battered to prevent performance of his or her 
21 official duties; or
22   (iii) battered in retaliation for performing his 
23 or her official duties.
24  (5) A judge, emergency management worker, emergency 
25 medical services personnel, or utility worker:
26   (i) performing his or her official duties;
 
 
HB4067- 84 -LRB101 15932 RLC 65292 b


1   (ii) battered to prevent performance of his or her 
2 official duties; or
3   (iii) battered in retaliation for performing his 
4 or her official duties.
5  (6) An officer or employee of the State of Illinois, a 
6 unit of local government, or a school district, while 
7 performing his or her official duties.
8  (7) A transit employee performing his or her official 
9 duties, or a transit passenger.
10  (8) A taxi driver on duty.
11  (9) A merchant who detains the person for an alleged 
12 commission of retail theft under Section 16-26 of this Code 
13 and the person without legal justification by any means 
14 causes bodily harm to the merchant.
15  (10) A person authorized to serve process under Section 
16 2-202 of the Code of Civil Procedure or a special process 
17 server appointed by the circuit court while that individual 
18 is in the performance of his or her duties as a process 
19 server.
20  (11) A nurse while in the performance of his or her 
21 duties as a nurse. 
22 (e) Offense based on use of a firearm. A person commits 
23aggravated battery when, in committing a battery, he or she 
24knowingly does any of the following:
25  (1) Discharges a firearm, other than a machine gun or a 
26 firearm equipped with a silencer, and causes any injury to 
 
 
HB4067- 85 -LRB101 15932 RLC 65292 b


1 another person.
2  (2) Discharges a firearm, other than a machine gun or a 
3 firearm equipped with a silencer, and causes any injury to 
4 a person he or she knows to be a peace officer, community 
5 policing volunteer, person summoned by a police officer, 
6 fireman, private security officer, correctional 
7 institution employee, or emergency management worker:
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  (3) Discharges a firearm, other than a machine gun or a 
14 firearm equipped with a silencer, and causes any injury to 
15 a person he or she knows to be emergency medical services 
16 personnel:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (4) Discharges a firearm and causes any injury to a 
23 person he or she knows to be a teacher, a student in a 
24 school, or a school employee, and the teacher, student, or 
25 employee is upon school grounds or grounds adjacent to a 
26 school or in any part of a building used for school 
 
 
HB4067- 86 -LRB101 15932 RLC 65292 b


1 purposes.
2  (5) Discharges a machine gun or a firearm equipped with 
3 a silencer, and causes any injury to another person.
4  (6) Discharges a machine gun or a firearm equipped with 
5 a silencer, and causes any injury to a person he or she 
6 knows to be a peace officer, community policing volunteer, 
7 person summoned by a police officer, fireman, private 
8 security officer, correctional institution employee or 
9 emergency management worker:
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  (7) 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 emergency medical services personnel:
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  (8) Discharges a machine gun or a firearm equipped with 
24 a silencer, and causes any injury to a person he or she 
25 knows to be a teacher, or a student in a school, or a 
26 school employee, and the teacher, student, or employee is 
 
 
HB4067- 87 -LRB101 15932 RLC 65292 b


1 upon school grounds or grounds adjacent to a school or in 
2 any part of a building used for school purposes. 
3 (f) Offense based on use of a weapon or device. A person 
4commits aggravated battery when, in committing a battery, he or 
5she does any of the following:
6  (1) Uses a deadly weapon other than by discharge of a 
7 firearm, or uses an air rifle as defined in Section 
8 24.8-0.1 of this Code.
9  (2) Wears a hood, robe, or mask to conceal his or her 
10 identity.
11  (3) Knowingly and without lawful justification shines 
12 or flashes a laser gunsight or other laser device attached 
13 to a firearm, or used in concert with a firearm, so that 
14 the laser beam strikes upon or against the person of 
15 another.
16  (4) Knowingly video or audio records the offense with 
17 the intent to disseminate the recording. 
18 (g) Offense based on certain conduct. A person commits 
19aggravated battery when, other than by discharge of a firearm, 
20he or she does any of the following:
21  (1) Violates Section 401 of the Illinois Controlled 
22 Substances Act by unlawfully delivering a controlled 
23 substance to another and any user experiences great bodily 
24 harm or permanent disability as a result of the injection, 
25 inhalation, or ingestion of any amount of the controlled 
26 substance.
 
 
HB4067- 88 -LRB101 15932 RLC 65292 b


1  (2) Knowingly administers to an individual or causes 
2 him or her to take, without his or her consent or by threat 
3 or deception, and for other than medical purposes, any 
4 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
5 or controlled substance, or gives to another person any 
6 food containing any substance or object intended to cause 
7 physical injury if eaten.
8  (3) Knowingly causes or attempts to cause a 
9 correctional institution employee or Department of Human 
10 Services employee to come into contact with blood, seminal 
11 fluid, urine, or feces by throwing, tossing, or expelling 
12 the fluid or material, and the person is an inmate of a 
13 penal institution or is a sexually dangerous person or 
14 sexually violent person in the custody of the Department of 
15 Human Services.
16 (h) Sentence. Unless otherwise provided, aggravated 
17battery is a Class 3 felony.
18 Aggravated battery as defined in subdivision (a)(4), 
19(d)(4), or (g)(3) is a Class 2 felony.
20 Aggravated battery as defined in subdivision (a)(3) or 
21(g)(1) is a Class 1 felony.
22 Aggravated battery as defined in subdivision (a)(1) is a 
23Class 1 felony when the aggravated battery was intentional and 
24involved the infliction of torture, as defined in paragraph 
25(14) of subsection (b) of Section 9-1 of this Code, as the 
26infliction of or subjection to extreme physical pain, motivated 
 
 
HB4067- 89 -LRB101 15932 RLC 65292 b


1by an intent to increase or prolong the pain, suffering, or 
2agony of the victim. 
3 Aggravated battery as defined in subdivision (a)(1) is a 
4Class 2 felony when the person causes great bodily harm or 
5permanent disability to an individual whom the person knows to 
6be a member of a congregation engaged in prayer or other 
7religious activities at a church, synagogue, mosque, or other 
8building, structure, or place used for religious worship. 
9 Aggravated battery under subdivision (a)(5) is a
Class 1 
10felony if:
11  (A) the person used or attempted to use a dangerous

12 instrument while committing the offense; or
13  (B) the person caused great bodily harm or
permanent 
14 disability or disfigurement to the other
person while 
15 committing the offense; or
16  (C) the person has been previously convicted of a

17 violation of subdivision (a)(5) under the laws of this

18 State or laws similar to subdivision (a)(5) of any other

19 state. 
20 Aggravated battery as defined in subdivision (e)(1) is a 
21Class X felony.
22 Aggravated battery as defined in subdivision (a)(2) is a 
23Class X felony for which a person shall be sentenced to a term 
24of imprisonment of a minimum of 6 years and a maximum of 45 
25years.
26 Aggravated battery as defined in subdivision (e)(5) is a 
 
 
HB4067- 90 -LRB101 15932 RLC 65292 b


1Class X felony for which a person shall be sentenced to a term 
2of imprisonment of a minimum of 12 years and a maximum of 45 
3years.
4 Aggravated battery as defined in subdivision (e)(2), 
5(e)(3), or (e)(4) is a Class X felony for which a person shall 
6be sentenced to a term of imprisonment of a minimum of 15 years 
7and a maximum of 60 years.
8 Aggravated battery as defined in subdivision (e)(6), 
9(e)(7), or (e)(8) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 20 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (b)(1) is a 
13Class X felony, except that:
14  (1) if the person committed the offense while armed 
15 with a firearm, 15 years shall be added to the term of 
16 imprisonment imposed by the court;
17  (2) if, during the commission of the offense, the 
18 person personally discharged a firearm, 20 years shall be 
19 added to the term of imprisonment imposed by the court;
20  (3) if, during the commission of the offense, the 
21 person personally discharged a firearm that proximately 
22 caused great bodily harm, permanent disability, permanent 
23 disfigurement, or death to another person, 25 years or up 
24 to a term of natural life shall be added to the term of 
25 imprisonment imposed by the court.
26 (i) Definitions. In this Section:
 
 
HB4067- 91 -LRB101 15932 RLC 65292 b


1 "Building or other structure used to provide shelter" has 
2the meaning ascribed to "shelter" in Section 1 of the Domestic 
3Violence Shelters Act.
4 "Domestic violence" has the meaning ascribed to it in 
5Section 103 of the Illinois Domestic Violence Act of 1986.
6 "Domestic violence shelter" means any building or other 
7structure used to provide shelter or other services to victims 
8or to the dependent children of victims of domestic violence 
9pursuant to the Illinois Domestic Violence Act of 1986 or the 
10Domestic Violence Shelters Act, or any place within 500 feet of 
11such a building or other structure in the case of a person who 
12is going to or from such a building or other structure.
13 "Firearm" has the meaning provided under Section 2-7.5 of 
14this Code 1.1
of the Firearm Owners Identification Card Act, 
15and does
not include an air rifle as defined by Section 
1624.8-0.1 of this Code. 
17 "Machine gun" has the meaning ascribed to it in Section 
1824-1 of this Code.
19 "Merchant" has the meaning ascribed to it in Section 16-0.1 
20of this Code. 
21 "Strangle" means
intentionally impeding the normal 
22breathing or circulation of the blood of an individual by 
23applying pressure on the throat
or neck of that individual or 
24by blocking the nose or mouth of
that individual. 

25(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)


 
 
HB4067- 92 -LRB101 15932 RLC 65292 b


1 (720 ILCS 5/16-0.1)
2 Sec. 16-0.1. Definitions. In this Article, unless the 
3context clearly requires otherwise, the following terms are 
4defined as indicated:
5 "Access" means to use, instruct, communicate with, store 
6data in, retrieve or intercept data from, or otherwise utilize 
7any services of a computer.
8 "Coin-operated machine" includes any automatic vending 
9machine or any part thereof, parking meter, coin telephone, 
10coin-operated transit turnstile, transit fare box, coin 
11laundry machine, coin dry cleaning machine, amusement machine, 
12music machine, vending machine dispensing goods or services, or 
13money changer.
14 "Communication device" means any type of instrument, 
15device, machine, or equipment which is capable of transmitting, 
16acquiring, decrypting, or receiving any telephonic, 
17electronic, data, Internet access, audio, video, microwave, or 
18radio transmissions, signals, communications, or services, 
19including the receipt, acquisition, transmission, or 
20decryption of all such communications, transmissions, signals, 
21or services provided by or through any cable television, fiber 
22optic, telephone, satellite, microwave, radio, Internet-based, 
23data transmission, or wireless distribution network, system or 
24facility; or any part, accessory, or component thereof, 
25including any computer circuit, security module, smart card, 
26software, computer chip, electronic mechanism or other 
 
 
HB4067- 93 -LRB101 15932 RLC 65292 b


1component, accessory or part of any communication device which 
2is capable of facilitating the transmission, decryption, 
3acquisition or reception of all such communications, 
4transmissions, signals, or services.
5 "Communication service" means any service lawfully 
6provided for a charge or compensation to facilitate the lawful 
7origination, transmission, emission, or reception of signs, 
8signals, data, writings, images, and sounds or intelligence of 
9any nature by telephone, including cellular telephones or a 
10wire, wireless, radio, electromagnetic, photo-electronic or 
11photo-optical system; and also any service lawfully provided by 
12any radio, telephone, cable television, fiber optic, 
13satellite, microwave, Internet-based or wireless distribution 
14network, system, facility or technology, including, but not 
15limited to, any and all electronic, data, video, audio, 
16Internet access, telephonic, microwave and radio 
17communications, transmissions, signals and services, and any 
18such communications, transmissions, signals and services 
19lawfully provided directly or indirectly by or through any of 
20those networks, systems, facilities or technologies.
21 "Communication service provider" means: (1) any person or 
22entity providing any communication service, whether directly 
23or indirectly, as a reseller, including, but not limited to, a 
24cellular, paging or other wireless communications company or 
25other person or entity which, for a fee, supplies the facility, 
26cell site, mobile telephone switching office or other equipment 
 
 
HB4067- 94 -LRB101 15932 RLC 65292 b


1or communication service; (2) any person or entity owning or 
2operating any cable television, fiber optic, satellite, 
3telephone, wireless, microwave, radio, data transmission or 
4Internet-based distribution network, system or facility; and 
5(3) any person or entity providing any communication service 
6directly or indirectly by or through any such distribution 
7system, network or facility.
8 "Computer" means a device that accepts, processes, stores, 
9retrieves or outputs data, and includes but is not limited to 
10auxiliary storage and telecommunications devices connected to 
11computers.
12 "Continuing
course of conduct" means a series of acts, and 
13the accompanying
mental state necessary for the crime in 
14question, irrespective
of whether the series of acts are 
15continuous or intermittent. 
16 "Delivery container" means any bakery basket of wire or 
17plastic used to transport or store bread or bakery products, 
18any dairy case of wire or plastic used to transport or store 
19dairy products, and any dolly or cart of 2 or 4 wheels used to 
20transport or store any bakery or dairy product.
21 "Document-making implement" means any implement, 
22impression, template, computer file, computer disc, electronic 
23device, computer hardware, computer software, instrument, or 
24device that is used to make a real or fictitious or fraudulent 
25personal identification document.
26 "Financial transaction device" means any of the following:
 
 
HB4067- 95 -LRB101 15932 RLC 65292 b


1  (1) An electronic funds transfer card.
2  (2) A credit card.
3  (3) A debit card.
4  (4) A point-of-sale card.
5  (5) Any instrument, device, card, plate, code, account 
6 number, personal identification number, or a record or copy 
7 of a code, account number, or personal identification 
8 number or other means of access to a credit account or 
9 deposit account, or a driver's license or State 
10 identification card used to access a proprietary account, 
11 other than access originated solely by a paper instrument, 
12 that can be used alone or in conjunction with another 
13 access device, for any of the following purposes:
14   (A) Obtaining money, cash refund or credit 
15 account, credit, goods, services, or any other thing of 
16 value.
17   (B) Certifying or guaranteeing to a person or 
18 business the availability to the device holder of funds 
19 on deposit to honor a draft or check payable to the 
20 order of that person or business.
21   (C) Providing the device holder access to a deposit 
22 account for the purpose of making deposits, 
23 withdrawing funds, transferring funds between deposit 
24 accounts, obtaining information pertaining to a 
25 deposit account, or making an electronic funds 
26 transfer.
 
 
HB4067- 96 -LRB101 15932 RLC 65292 b


1 "Full retail value" means the merchant's stated or 
2advertised price of the merchandise. "Full
retail value" 
3includes the aggregate value of property obtained
from retail 
4thefts committed by the same person as part of a
continuing 
5course of conduct from one or more mercantile
establishments in 
6a single transaction or in separate
transactions over a period 
7of one year.
8 "Internet" means an interactive computer service or system 
9or an information service, system, or access software provider 
10that provides or enables computer access by multiple users to a 
11computer server, and includes, but is not limited to, an 
12information service, system, or access software provider that 
13provides access to a network system commonly known as the 
14Internet, or any comparable system or service and also 
15includes, but is not limited to, a World Wide Web page, 
16newsgroup, message board, mailing list, or chat area on any 
17interactive computer service or system or other online service.
18 "Library card" means a card or plate issued by a library 
19facility for purposes of identifying the person to whom the 
20library card was issued as authorized to borrow library 
21material, subject to all limitations and conditions imposed on 
22the borrowing by the library facility issuing such card.
23 "Library facility" includes any public library or museum, 
24or any library or museum of an educational, historical or 
25eleemosynary institution, organization or society.
26 "Library material" includes any book, plate, picture, 
 
 
HB4067- 97 -LRB101 15932 RLC 65292 b


1photograph, engraving, painting, sculpture, statue, artifact, 
2drawing, map, newspaper, pamphlet, broadside, magazine, 
3manuscript, document, letter, microfilm, sound recording, 
4audiovisual material, magnetic or other tape, electronic data 
5processing record or other documentary, written or printed 
6material regardless of physical form or characteristics, or any 
7part thereof, belonging to, or on loan to or otherwise in the 
8custody of a library facility.
9 "Manufacture or assembly of an unlawful access device" 
10means to make, produce or assemble an unlawful access device or 
11to modify, alter, program or re-program any instrument, device, 
12machine, equipment or software so that it is capable of 
13defeating or circumventing any technology, device or software 
14used by the provider, owner or licensee of a communication 
15service or of any data, audio or video programs or 
16transmissions to protect any such communication, data, audio or 
17video services, programs or transmissions from unauthorized 
18access, acquisition, disclosure, receipt, decryption, 
19communication, transmission or re-transmission.
20 "Manufacture or assembly of an unlawful communication 
21device" means to make, produce or assemble an unlawful 
22communication or wireless device or to modify, alter, program 
23or reprogram a communication or wireless device to be capable 
24of acquiring, disrupting, receiving, transmitting, decrypting, 
25or facilitating the acquisition, disruption, receipt, 
26transmission or decryption of, a communication service without 
 
 
HB4067- 98 -LRB101 15932 RLC 65292 b


1the express consent or express authorization of the 
2communication service provider, or to knowingly assist others 
3in those activities.
4 "Master sound recording" means the original physical 
5object on which a given set of sounds were first recorded and 
6which the original object from which all subsequent sound 
7recordings embodying the same set of sounds are directly or 
8indirectly derived.
9 "Merchandise" means any item of tangible personal 
10property, including motor fuel.
11 "Merchant" means an owner or operator of any retail 
12mercantile establishment or any agent, employee, lessee, 
13consignee, officer, director, franchisee, or independent 
14contractor of the owner or operator. "Merchant" also means a 
15person who receives from an authorized user of a payment card, 
16or someone the person believes to be an authorized user, a 
17payment card or information from a payment card, or what the 
18person believes to be a payment card or information from a 
19payment card, as the instrument for obtaining, purchasing or 
20receiving goods, services, money, or anything else of value 
21from the person.
22 "Motor fuel" means a liquid, regardless of its properties, 
23used to propel a vehicle, including gasoline and diesel.
24 "Online" means the use of any electronic or wireless device 
25to access the Internet.
26 "Payment card" means a credit card, charge card, debit 
 
 
HB4067- 99 -LRB101 15932 RLC 65292 b


1card, or any other card that is issued to an authorized card 
2user and that allows the user to obtain, purchase, or receive 
3goods, services, money, or anything else of value from a 
4merchant.
5 "Person with a disability" means a person who
suffers from 
6a physical or mental impairment resulting from
disease, injury, 
7functional disorder or congenital condition that impairs the

8individual's mental or physical ability to independently 
9manage his or her
property or financial resources, or both. 
10 "Personal identification document" means a birth 
11certificate, a driver's license, a State identification card, a 
12public, government, or private employment identification card, 
13a social security card, a license issued under the Firearm 
14Concealed Carry Act firearm owner's identification card, a 
15credit card, a debit card, or a passport issued to or on behalf 
16of a person other than the offender, or any document made or 
17issued, or falsely purported to have been made or issued, by or 
18under the authority of the United States Government, the State 
19of Illinois, or any other state political subdivision of any 
20state, or any other governmental or quasi-governmental 
21organization that is of a type intended for the purpose of 
22identification of an individual, or any such document made or 
23altered in a manner that it falsely purports to have been made 
24on behalf of or issued to another person or by the authority of 
25one who did not give that authority.
26 "Personal identifying information" means any of the 
 
 
HB4067- 100 -LRB101 15932 RLC 65292 b


1following information:
2  (1) A person's name.
3  (2) A person's address.
4  (3) A person's date of birth.
5  (4) A person's telephone number.
6  (5) A person's driver's license number or State of 
7 Illinois identification card as assigned by the Secretary 
8 of State of the State of Illinois or a similar agency of 
9 another state.
10  (6) A person's social security number.
11  (7) A person's public, private, or government 
12 employer, place of employment, or employment 
13 identification number.
14  (8) The maiden name of a person's mother.
15  (9) The number assigned to a person's depository 
16 account, savings account, or brokerage account.
17  (10) The number assigned to a person's credit or debit 
18 card, commonly known as a "Visa Card", "MasterCard", 
19 "American Express Card", "Discover Card", or other similar 
20 cards whether issued by a financial institution, 
21 corporation, or business entity.
22  (11) Personal identification numbers.
23  (12) Electronic identification numbers.
24  (13) Digital signals.
25  (14) User names, passwords, and any other word, number, 
26 character or combination of the same usable in whole or 
 
 
HB4067- 101 -LRB101 15932 RLC 65292 b


1 part to access information relating to a specific 
2 individual, or to the actions taken, communications made or 
3 received, or other activities or transactions of a specific 
4 individual.
5  (15) Any other numbers or information which can be used 
6 to access a person's financial resources, or to identify a 
7 specific individual, or the actions taken, communications 
8 made or received, or other activities or transactions of a 
9 specific individual.
10 "Premises of a retail mercantile establishment" includes, 
11but is not limited to, the retail mercantile establishment; any 
12common use areas in shopping centers; and all parking areas set 
13aside by a merchant or on behalf of a merchant for the parking 
14of vehicles for the convenience of the patrons of such retail 
15mercantile establishment.
16 "Public water, gas, or power supply, or other public 
17services" mean any service subject to regulation by the 
18Illinois Commerce Commission; any service furnished by a public 
19utility that is owned and operated by any political 
20subdivision, public institution of higher education or 
21municipal corporation of this State; any service furnished by 
22any public utility that is owned by such political subdivision, 
23public institution of higher education, or municipal 
24corporation and operated by any of its lessees or operating 
25agents; any service furnished by an electric cooperative as 
26defined in Section 3.4 of the Electric Supplier Act; or 
 
 
HB4067- 102 -LRB101 15932 RLC 65292 b


1wireless service or other service regulated by the Federal 
2Communications Commission.
3 "Publish" means to communicate or disseminate information 
4to any one or more persons, either orally, in person, or by 
5telephone, radio or television or in writing of any kind, 
6including, without limitation, a letter or memorandum, 
7circular or handbill, newspaper or magazine article or book.
8 "Radio frequency identification device" means any 
9implement, computer file, computer disc, electronic device, 
10computer hardware, computer software, or instrument that is 
11used to activate, read, receive, or decode information stored 
12on a RFID tag or transponder attached to a personal 
13identification document. 
14 "RFID tag or transponder" means a chip or device that 
15contains personal identifying information from which the 
16personal identifying information can be read or decoded by 
17another device emitting a radio frequency that activates or 
18powers a radio frequency emission response from the chip or 
19transponder. 
20 "Reencoder" means an electronic device that places encoded 
21information from the magnetic strip or stripe of a payment card 
22onto the magnetic strip or stripe of a different payment card.
23 "Retail mercantile establishment" means any place where 
24merchandise is displayed, held, stored or offered for sale to 
25the public.
26 "Scanning device" means a scanner, reader, or any other 
 
 
HB4067- 103 -LRB101 15932 RLC 65292 b


1electronic device that is used to access, read, scan, obtain, 
2memorize, or store, temporarily or permanently, information 
3encoded on the magnetic strip or stripe of a payment card.
4 "Shopping cart" means those push carts of the type or types 
5which are commonly provided by grocery stores, drug stores or 
6other retail mercantile establishments for the use of the 
7public in transporting commodities in stores and markets and, 
8incidentally, from the stores to a place outside the store.
9 "Sound or audio visual recording" means any sound or audio 
10visual phonograph record, disc, pre-recorded tape, film, wire, 
11magnetic tape or other object, device or medium, now known or 
12hereafter invented, by which sounds or images may be reproduced 
13with or without the use of any additional machine, equipment or 
14device.
15 "Theft detection device remover" means any tool or device 
16specifically designed and intended to be used to remove any 
17theft detection device from any merchandise.
18 "Under-ring" means to cause the cash register or other 
19sales recording device to reflect less than the full retail 
20value of the merchandise.
21 "Unidentified sound or audio visual recording" means a 
22sound or audio visual recording without the actual name and 
23full and correct street address of the manufacturer, and the 
24name of the actual performers or groups prominently and legibly 
25printed on the outside cover or jacket and on the label of such 
26sound or audio visual recording.
 
 
HB4067- 104 -LRB101 15932 RLC 65292 b


1 "Unlawful access device" means any type of instrument, 
2device, machine, equipment, technology, or software which is 
3primarily possessed, used, designed, assembled, manufactured, 
4sold, distributed or offered, promoted or advertised for the 
5purpose of defeating or circumventing any technology, device or 
6software, or any component or part thereof, used by the 
7provider, owner or licensee of any communication service or of 
8any data, audio or video programs or transmissions to protect 
9any such communication, audio or video services, programs or 
10transmissions from unauthorized access, acquisition, receipt, 
11decryption, disclosure, communication, transmission or 
12re-transmission.
13 "Unlawful communication device" means any electronic 
14serial number, mobile identification number, personal 
15identification number or any communication or wireless device 
16that is capable of acquiring or facilitating the acquisition of 
17a communication service without the express consent or express 
18authorization of the communication service provider, or that 
19has been altered, modified, programmed or reprogrammed, alone 
20or in conjunction with another communication or wireless device 
21or other equipment, to so acquire or facilitate the 
22unauthorized acquisition of a communication service. "Unlawful 
23communication device" also means:
24  (1) any phone altered to obtain service without the 
25 express consent or express authorization of the 
26 communication service provider, tumbler phone, counterfeit 
 
 
HB4067- 105 -LRB101 15932 RLC 65292 b


1 or clone phone, tumbler microchip, counterfeit or clone 
2 microchip, scanning receiver of wireless communication 
3 service or other instrument capable of disguising its 
4 identity or location or of gaining unauthorized access to a 
5 communications or wireless system operated by a 
6 communication service provider; and
7  (2) any communication or wireless device which is 
8 capable of, or has been altered, designed, modified, 
9 programmed or reprogrammed, alone or in conjunction with 
10 another communication or wireless device or devices, so as 
11 to be capable of, facilitating the disruption, 
12 acquisition, receipt, transmission or decryption of a 
13 communication service without the express consent or 
14 express authorization of the communication service 
15 provider, including, but not limited to, any device, 
16 technology, product, service, equipment, computer software 
17 or component or part thereof, primarily distributed, sold, 
18 designed, assembled, manufactured, modified, programmed, 
19 reprogrammed or used for the purpose of providing the 
20 unauthorized receipt of, transmission of, disruption of, 
21 decryption of, access to or acquisition of any 
22 communication service provided by any communication 
23 service provider.
24 "Vehicle" means a motor vehicle, motorcycle, or farm 
25implement that is self-propelled and that uses motor fuel for 
26propulsion.
 
 
HB4067- 106 -LRB101 15932 RLC 65292 b


1 "Wireless device" includes any type of instrument, device, 
2machine, or
equipment that is capable of transmitting or 
3receiving telephonic, electronic
or
radio communications, or 
4any part of such instrument, device, machine, or
equipment, or 
5any computer circuit, computer chip, electronic mechanism, or

6other component that is capable of facilitating the 
7transmission or reception
of telephonic, electronic, or radio 
8communications. 

9(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
101-1-12; 97-1109, eff. 1-1-13.)




11 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



12 Sec. 17-30. Defaced, altered, or removed manufacturer or 
13owner identification number.  
14 (a) Unlawful sale of household appliances. A person commits 
15unlawful
sale of household
appliances when he or she knowingly, 
16with the intent to defraud or deceive
another, keeps for sale, 
17within any commercial
context, any household appliance with a 
18missing, defaced, obliterated, or
otherwise altered 
19manufacturer's identification number.

20 (b) Construction equipment identification defacement. A 
21person commits construction equipment identification 
22defacement when he or she knowingly changes,
alters, removes, 
23mutilates, or
obliterates a permanently affixed serial number, 
24product identification number,
part number, component 
25identification number, owner-applied identification,
or other 
 
 
HB4067- 107 -LRB101 15932 RLC 65292 b


1mark of identification attached to or stamped, inscribed, 
2molded,
or etched into a machine or other equipment, whether 
3stationary or mobile
or self-propelled, or a part of such 
4machine or equipment, used in the construction,
maintenance, or 
5demolition of buildings, structures, bridges, tunnels, sewers,

6utility pipes or lines, ditches or open cuts, roads, highways, 
7dams, airports,
or waterways or in material handling for such 
8projects. 
9 The trier of fact may infer that the defendant has 
10knowingly changed, altered, removed, or obliterated the serial 
11number, product identification number, part number, component 
12identification number, owner-applied identification number, or 
13other mark of identification, if the defendant was in 
14possession of any machine or other equipment or a part of such 
15machine
or equipment used in the construction, maintenance, or 
16demolition of buildings,
structures, bridges, tunnels, sewers, 
17utility pipes or lines, ditches or
open cuts, roads, highways, 
18dams, airports, or waterways or in material handling
for such 
19projects upon which any such serial number, product 
20identification
number, part number, component identification 
21number, owner-applied identification
number, or other mark of 
22identification has been changed, altered,
removed, or 
23obliterated. 
24 (c) Defacement of manufacturer's serial number or 
25identification mark. A person commits defacement of a 
26manufacturer's serial number or identification mark when he or 
 
 
HB4067- 108 -LRB101 15932 RLC 65292 b


1she knowingly removes, alters, defaces, covers, or destroys the

2manufacturer's serial number or any other manufacturer's 
3number or
distinguishing identification mark upon any machine 
4or other article of
merchandise, other than a motor vehicle as 
5defined in Section 1-146 of the
Illinois Vehicle Code or a 
6firearm as defined in the Firearm Owners Identification Card 
7Act, with the intent of concealing or destroying the
identity 
8of such machine or other article of merchandise. 
9 (d) Sentence.
10  (1) A violation of subsection (a) of this Section is a 
11 Class 4 felony if the value
of the appliance or appliances 
12 exceeds $1,000 and a Class B misdemeanor if
the value of 
13 the appliance or appliances is $1,000 or less.

14  (2) A violation of subsection (b) of this Section is a 
15 Class A misdemeanor.
16  (3) A violation of subsection (c) of this Section is a 
17 Class B misdemeanor. 
18 (e) No liability shall be imposed upon any person for the 
19unintentional
failure to comply with subsection (a).

20 (f) Definitions. In this Section:
21 "Commercial context" means a continuing business 
22enterprise conducted
for profit by any person whose primary 
23business is the wholesale or retail
marketing of household 
24appliances, or a significant portion of whose business
or 
25inventory consists of household appliances
kept or sold on a 
26wholesale or retail basis.
 
 
HB4067- 109 -LRB101 15932 RLC 65292 b


1 "Household appliance" means any gas or electric device or 
2machine
marketed for use as home entertainment or for 
3facilitating or expediting
household tasks or chores. The term 
4shall include but not necessarily be
limited to refrigerators, 
5freezers, ranges, radios, television sets, vacuum
cleaners, 
6toasters, dishwashers, and other similar household items.
7 "Manufacturer's identification number" means any serial 
8number or
other similar numerical or alphabetical designation 
9imprinted upon or attached
to or placed, stamped, or otherwise 
10imprinted upon or attached to a household
appliance or item by 
11the manufacturer for purposes of identifying a particular

12appliance or item individually or by lot number. 
13(Source: P.A. 96-1551, eff. 7-1-11.)




14 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


15 Sec. 24-1. Unlawful use of weapons. 

16 (a) A person commits the offense of unlawful use of weapons 
17when
he knowingly:

18  (1) Sells, manufactures, purchases, possesses or 
19 carries any bludgeon,
black-jack, slung-shot, sand-club, 
20 sand-bag, metal knuckles or other knuckle weapon 
21 regardless of its composition, throwing star,
or any knife, 
22 commonly referred to as a switchblade knife, which has a

23 blade that opens automatically by hand pressure applied to 
24 a button,
spring or other device in the handle of the 
25 knife, or a ballistic knife,
which is a device that propels 
 
 
HB4067- 110 -LRB101 15932 RLC 65292 b


1 a knifelike blade as a projectile by means
of a coil 
2 spring, elastic material or compressed gas; or

3  (2) Carries or possesses with intent to use the same 
4 unlawfully
against another, a dagger, dirk, billy, 
5 dangerous knife, razor,
stiletto, broken bottle or other 
6 piece of glass, stun gun or taser or
any other dangerous or 
7 deadly weapon or instrument of like character; or

8  (2.5) Carries or possesses with intent to use the same 
9 unlawfully against another, any firearm in a church, 
10 synagogue, mosque, or other building, structure, or place 
11 used for religious worship; or 
12  (3) Carries on or about his person or in any vehicle, a 
13 tear gas gun
projector or bomb or any object containing 
14 noxious liquid gas or
substance, other than an object 
15 containing a non-lethal noxious liquid gas
or substance 
16 designed solely for personal defense carried by a person 18

17 years of age or older; or

18  (4) Carries or possesses in any vehicle or concealed on 
19 or about his
person except when on his land or in his own 
20 abode, legal dwelling, or fixed place of
business, or on 
21 the land or in the legal dwelling of another person as an 
22 invitee with that person's permission, any pistol, 
23 revolver, stun gun or taser or other firearm, except
that

24 this subsection (a) (4) does not apply to or affect 
25 transportation of weapons
that meet one of the following 
26 conditions:

 
 
HB4067- 111 -LRB101 15932 RLC 65292 b


1   (i) are broken down in a non-functioning state; or

2   (ii) are not immediately accessible; or

3   (iii) are unloaded and enclosed in a case, firearm 
4 carrying box,
shipping box, or other container by a 
5 person eligible under State and federal law to possess 
6 a firearm who has been issued a currently
valid Firearm 
7 Owner's
Identification Card; or
8   (iv) are carried or possessed in accordance with 
9 the Firearm Concealed Carry Act by a person who has 
10 been issued a currently valid license under the Firearm 
11 Concealed Carry Act; or 

12  (5) Sets a spring gun; or

13  (6) Possesses any device or attachment of any kind 
14 designed, used or
intended for use in silencing the report 
15 of any firearm; or

16  (7) Sells, manufactures, purchases, possesses or 
17 carries:

18   (i) a machine gun, which shall be defined for the 
19 purposes of this
subsection as any weapon,
which 
20 shoots, is designed to shoot, or can be readily 
21 restored to shoot,
automatically more than one shot 
22 without manually reloading by a single
function of the 
23 trigger, including the frame or receiver
of any such 
24 weapon, or sells, manufactures, purchases, possesses, 
25 or
carries any combination of parts designed or 
26 intended for
use in converting any weapon into a 
 
 
HB4067- 112 -LRB101 15932 RLC 65292 b


1 machine gun, or any combination or
parts from which a 
2 machine gun can be assembled if such parts are in the

3 possession or under the control of a person;

4   (ii) any rifle having one or
more barrels less than 
5 16 inches in length or a shotgun having one or more

6 barrels less than 18 inches in length or any weapon 
7 made from a rifle or
shotgun, whether by alteration, 
8 modification, or otherwise, if such a weapon
as 
9 modified has an overall length of less than 26 inches; 
10 or

11   (iii) any
bomb, bomb-shell, grenade, bottle or 
12 other container containing an
explosive substance of 
13 over one-quarter ounce for like purposes, such
as, but 
14 not limited to, black powder bombs and Molotov 
15 cocktails or
artillery projectiles; or

16  (8) Carries or possesses any firearm, stun gun or taser 
17 or other
deadly weapon in any place which is licensed to 
18 sell intoxicating
beverages, or at any public gathering 
19 held pursuant to a license issued
by any governmental body 
20 or any public gathering at which an admission
is charged, 
21 excluding a place where a showing, demonstration or lecture

22 involving the exhibition of unloaded firearms is 
23 conducted.

24  This subsection (a)(8) does not apply to any auction or 
25 raffle of a firearm
held pursuant to
a license or permit 
26 issued by a governmental body, nor does it apply to persons

 
 
HB4067- 113 -LRB101 15932 RLC 65292 b


1 engaged
in firearm safety training courses; or

2  (9) Carries or possesses in a vehicle or on or about 
3 his or her person any
pistol, revolver, stun gun or taser 
4 or firearm or ballistic knife, when
he or she is hooded, 
5 robed or masked in such manner as to conceal his or her 
6 identity; or

7  (10) Carries or possesses on or about his or her 
8 person, upon any public street,
alley, or other public 
9 lands within the corporate limits of a city, village,
or 
10 incorporated town, except when an invitee thereon or 
11 therein, for the
purpose of the display of such weapon or 
12 the lawful commerce in weapons, or
except when on his land 
13 or in his or her own abode, legal dwelling, or fixed place 
14 of business, or on the land or in the legal dwelling of 
15 another person as an invitee with that person's permission, 
16 any
pistol, revolver, stun gun, or taser or other firearm, 
17 except that this
subsection (a) (10) does not apply to or 
18 affect transportation of weapons that
meet one of the 
19 following conditions:

20   (i) are broken down in a non-functioning state; or

21   (ii) are not immediately accessible; or

22   (iii) are unloaded and enclosed in a case, firearm 
23 carrying box,
shipping box, or other container by a 
24 person eligible under State and federal law to possess 
25 a firearm who has been issued a currently
valid Firearm 
26 Owner's
Identification Card; or

 
 
HB4067- 114 -LRB101 15932 RLC 65292 b


1   (iv) are carried or possessed in accordance with 
2 the Firearm Concealed Carry Act by a person who has 
3 been issued a currently valid license under the Firearm 
4 Concealed Carry Act. 
5  A "stun gun or taser", as used in this paragraph (a) 
6 means (i) any device
which is powered by electrical 
7 charging units, such as, batteries, and
which fires one or 
8 several barbs attached to a length of wire and
which, upon 
9 hitting a human, can send out a current capable of 
10 disrupting
the person's nervous system in such a manner as 
11 to render him incapable of
normal functioning or (ii) any 
12 device which is powered by electrical
charging units, such 
13 as batteries, and which, upon contact with a human or

14 clothing worn by a human, can send out current capable of 
15 disrupting
the person's nervous system in such a manner as 
16 to render him incapable
of normal functioning; or

17  (11) Sells, manufactures, or purchases any explosive 
18 bullet. For purposes
of this paragraph (a) "explosive 
19 bullet" means the projectile portion of
an ammunition 
20 cartridge which contains or carries an explosive charge 
21 which
will explode upon contact with the flesh of a human 
22 or an animal.
"Cartridge" means a tubular metal case having 
23 a projectile affixed at the
front thereof and a cap or 
24 primer at the rear end thereof, with the
propellant 
25 contained in such tube between the projectile and the cap; 
26 or

 
 
HB4067- 115 -LRB101 15932 RLC 65292 b


1  (12) (Blank); or

2  (13) Carries or possesses on or about his or her person 
3 while in a building occupied by a unit of government, a 
4 billy club, other weapon of like character, or other 
5 instrument of like character intended for use as a weapon. 
6 For the purposes of this Section, "billy club" means a 
7 short stick or club commonly carried by police officers 
8 which is either telescopic or constructed of a solid piece 
9 of wood or other man-made material. 
10 (b) Sentence. A person convicted of a violation of 
11subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
13Class A
misdemeanor.
A person convicted of a violation of 
14subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
15person
convicted of a violation of subsection 24-1(a)(6) or 
1624-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
17convicted of a violation of subsection
24-1(a)(7)(i) commits a 
18Class 2 felony and shall be sentenced to a term of imprisonment 
19of not less than 3 years and not more than 7 years, unless the 
20weapon is possessed in the
passenger compartment of a motor 
21vehicle as defined in Section 1-146 of the
Illinois Vehicle 
22Code, or on the person, while the weapon is loaded, in which

23case it shall be a Class X felony. A person convicted of a

24second or subsequent violation of subsection 24-1(a)(4), 
2524-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
26felony. A person convicted of a violation of subsection 
 
 
HB4067- 116 -LRB101 15932 RLC 65292 b


124-1(a)(2.5) commits a Class 2 felony. The possession of each 
2weapon in violation of this Section constitutes a single and 
3separate violation.

4 (c) Violations in specific places.

5  (1) A person who violates subsection 24-1(a)(6) or 
6 24-1(a)(7) in any
school, regardless of the time of day or 
7 the time of year, in residential
property owned, operated 
8 or managed by a public housing agency or
leased by
a public 
9 housing agency as part of a scattered site or mixed-income

10 development, in a
public park, in a courthouse, on the real 
11 property comprising any school,
regardless of the
time of 
12 day or the time of year, on residential property owned, 
13 operated
or
managed by a public housing agency
or leased by 
14 a public housing agency as part of a scattered site or

15 mixed-income development,
on the real property comprising 
16 any
public park, on the real property comprising any 
17 courthouse, in any conveyance
owned, leased or contracted 
18 by a school to
transport students to or from school or a 
19 school related activity, in any conveyance
owned, leased, 
20 or contracted by a public transportation agency, or on any

21 public way within 1,000 feet of the real property 
22 comprising any school,
public park, courthouse, public 
23 transportation facility, or residential property owned, 
24 operated, or managed
by a public housing agency
or leased 
25 by a public housing agency as part of a scattered site or

26 mixed-income development
commits a Class 2 felony and shall 
 
 
HB4067- 117 -LRB101 15932 RLC 65292 b


1 be sentenced to a term of imprisonment of not less than 3 
2 years and not more than 7 years.

3  (1.5) A person who violates subsection 24-1(a)(4), 
4 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
5 time of day or the time of year,
in residential property 
6 owned, operated, or managed by a public
housing
agency
or 
7 leased by a public housing agency as part of a scattered 
8 site or
mixed-income development,
in
a public
park, in a 
9 courthouse, on the real property comprising any school, 
10 regardless
of the time of day or the time of year, on 
11 residential property owned,
operated, or managed by a 
12 public housing agency
or leased by a public housing agency 
13 as part of a scattered site or
mixed-income development,
on 
14 the real property
comprising any public park, on the real 
15 property comprising any courthouse, in
any conveyance 
16 owned, leased, or contracted by a school to transport 
17 students
to or from school or a school related activity, in 
18 any conveyance
owned, leased, or contracted by a public 
19 transportation agency, or on any public way within
1,000 
20 feet of the real property comprising any school, public 
21 park, courthouse,
public transportation facility, or 
22 residential property owned, operated, or managed by a 
23 public
housing agency
or leased by a public housing agency 
24 as part of a scattered site or
mixed-income development

25 commits a Class 3 felony.

26  (2) A person who violates subsection 24-1(a)(1), 
 
 
HB4067- 118 -LRB101 15932 RLC 65292 b


1 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
2 time of day or the time of year, in
residential property 
3 owned, operated or managed by a public housing
agency
or 
4 leased by a public housing agency as part of a scattered 
5 site or
mixed-income development,
in
a public park, in a 
6 courthouse, on the real property comprising any school,

7 regardless of the time of day or the time of year, on 
8 residential property
owned, operated or managed by a public 
9 housing agency
or leased by a public housing agency as part 
10 of a scattered site or
mixed-income development,
on the 
11 real property
comprising any public park, on the real 
12 property comprising any courthouse, in
any conveyance 
13 owned, leased or contracted by a school to transport 
14 students
to or from school or a school related activity, in 
15 any conveyance
owned, leased, or contracted by a public 
16 transportation agency, or on any public way within
1,000 
17 feet of the real property comprising any school, public 
18 park, courthouse,
public transportation facility, or 
19 residential property owned, operated, or managed by a 
20 public
housing agency or leased by a public housing agency 
21 as part of a scattered
site or mixed-income development 
22 commits a Class 4 felony. "Courthouse"
means any building 
23 that is used by the Circuit, Appellate, or Supreme Court of

24 this State for the conduct of official business.

25  (3) Paragraphs (1), (1.5), and (2) of this subsection 
26 (c) shall not
apply to law
enforcement officers or security 
 
 
HB4067- 119 -LRB101 15932 RLC 65292 b


1 officers of such school, college, or
university or to 
2 students carrying or possessing firearms for use in 
3 training
courses, parades, hunting, target shooting on 
4 school ranges, or otherwise with
the consent of school 
5 authorities and which firearms are transported unloaded

6 enclosed in a suitable case, box, or transportation 
7 package.

8  (4) For the purposes of this subsection (c), "school" 
9 means any public or
private elementary or secondary school, 
10 community college, college, or
university.

11  (5) For the purposes of this subsection (c), "public 
12 transportation agency" means a public or private agency 
13 that provides for the transportation or conveyance of

14 persons by means available to the general public, except 
15 for transportation
by automobiles not used for conveyance 
16 of the general public as passengers; and "public 
17 transportation facility" means a terminal or other place

18 where one may obtain public transportation.

19 (d) The presence in an automobile other than a public 
20omnibus of any
weapon, instrument or substance referred to in 
21subsection (a)(7) is
prima facie evidence that it is in the 
22possession of, and is being
carried by, all persons occupying 
23such automobile at the time such
weapon, instrument or 
24substance is found, except under the following
circumstances: 
25(i) if such weapon, instrument or instrumentality is
found upon 
26the person of one of the occupants therein; or (ii) if such

 
 
HB4067- 120 -LRB101 15932 RLC 65292 b


1weapon, instrument or substance is found in an automobile 
2operated for
hire by a duly licensed driver in the due, lawful 
3and proper pursuit of
his or her trade, then such presumption 
4shall not apply to the driver.

5 (e) Exemptions.
6  (1) Crossbows, Common or Compound bows and Underwater

7 Spearguns are exempted from the definition of ballistic 
8 knife as defined in
paragraph (1) of subsection (a) of this 
9 Section.
10  (2) The provision of paragraph (1) of subsection (a) of 
11 this Section prohibiting the sale, manufacture, purchase, 
12 possession, or carrying of any knife, commonly referred to 
13 as a switchblade knife, which has a
blade that opens 
14 automatically by hand pressure applied to a button,
spring 
15 or other device in the handle of the knife, does not apply 
16 to a person eligible under State and federal law to possess 
17 a firearm who possesses a currently valid Firearm Owner's 
18 Identification Card previously issued in his or her name by 
19 the Department of State Police or to a person or an entity 
20 engaged in the business of selling or manufacturing 
21 switchblade knives. 

22(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)




23 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


24 Sec. 24-1.1. Unlawful use or possession of weapons by 
25felons or
persons in the custody of the
Department of 
 
 
HB4067- 121 -LRB101 15932 RLC 65292 b


1Corrections facilities.
2 (a) It is unlawful
for a person to knowingly possess on or 
3about his person or on his land or
in his own abode or fixed 
4place of business any weapon prohibited under
Section 24-1 of 
5this Act or any firearm or any firearm ammunition if the
person 
6has been convicted of a felony under the laws of this State or 
7any
other jurisdiction. This Section shall not apply if the 
8person has been
granted relief under this subsection by the 
9Director of the Department of State Police
under Section 10 of 
10the Firearm Owners Identification
Card Act. A person prohibited 
11from possessing a firearm under this subsection (a) may 
12petition the Director of the Illinois State Police for a 
13hearing and relief from the prohibition, unless the prohibition 
14was based upon a forcible felony, stalking, aggravated 
15stalking, domestic battery, any violation of the Illinois 
16Controlled Substances Act, the Methamphetamine Control and 
17Community Protection Act, or the Cannabis Control Act that is 
18classified as a Class 2 or greater felony, any felony violation 
19of Article 24 of the Criminal Code of 1961 or the Criminal Code 
20of 2012, or any adjudication as a delinquent minor for the 
21commission of an offense that if committed by an adult would be 
22a felony, in which case the person may petition the circuit 
23court in writing in the county of his or her residence for a 
24hearing and relief from the prohibition. The Director or court 
25may grant the relief if it is established by the petitioner to 
26the court's or Director's satisfaction that:

 
 
HB4067- 122 -LRB101 15932 RLC 65292 b


1  (1) when in the circuit court, the State's Attorney has 
2 been served with a written copy of the petition at least 30 
3 days before any hearing in the circuit court and at the 
4 hearing the State's Attorney was afforded an opportunity to 
5 present evidence and object to the petition;
6  (2) the petitioner has not been convicted of a
forcible 
7 felony under the laws of this State or any other 
8 jurisdiction within 20 years of the filing of the petition, 
9 or at least 20 years have passed since the end of any 
10 period of imprisonment imposed in relation to that 
11 conviction;
12  (3) the circumstances regarding a criminal
conviction, 
13 where applicable, the petitioner's criminal history and 
14 his or her reputation are such that the petitioner will not 
15 be likely to act in a manner dangerous to public safety;
16  (4) granting relief would not be contrary to the
public 
17 interest; and
18  (5) granting relief would not be contrary to federal

19 law. 
20 (b) It is unlawful for any person confined in a penal 
21institution,
which is a facility of the Illinois Department of 
22Corrections, to possess
any weapon prohibited under Section 
2324-1 of this Code or any firearm or
firearm ammunition, 
24regardless of the intent with which he possesses it.

25 (c) It shall be an affirmative defense to a violation of 
26subsection (b), that such possession was specifically 
 
 
HB4067- 123 -LRB101 15932 RLC 65292 b


1authorized by rule,
regulation, or directive of the Illinois 
2Department of Corrections or order
issued pursuant thereto.

3 (d) The defense of necessity is not available to a person 
4who is charged
with a violation of subsection (b) of this 
5Section.

6 (e) Sentence. Violation of this Section by a person not 
7confined
in a penal institution shall be a Class 3 felony
for 
8which the person shall be sentenced to no less than 2 years and 
9no
more than 10 years. A second or subsequent violation of this 
10Section shall be a Class 2 felony for which the person shall be 
11sentenced to a term of imprisonment of not less than 3 years 
12and not more than 14 years, except as provided for in Section 
135-4.5-110 of the Unified Code of Corrections. Violation of this 
14Section by a person not confined in a
penal institution who has 
15been convicted of a forcible felony, a felony
violation of 
16Article 24 of this Code or of the Firearm Owners Identification

17Card Act, stalking or aggravated stalking, or a Class 2 or 
18greater felony
under the Illinois Controlled Substances Act, 
19the Cannabis Control Act, or the Methamphetamine Control and 
20Community Protection Act is a
Class 2 felony for which the 
21person
shall be sentenced to not less than 3 years and not more 
22than 14 years, except as provided for in Section 5-4.5-110 of 
23the Unified Code of Corrections.
Violation of this Section by a 
24person who is on parole or mandatory supervised
release is a 
25Class 2 felony for which the person shall be sentenced to not 
26less than 3 years and not more than 14
years, except as 
 
 
HB4067- 124 -LRB101 15932 RLC 65292 b


1provided for in Section 5-4.5-110 of the Unified Code of 
2Corrections. Violation of this Section by a person not confined 
3in a penal
institution is a Class X felony when the firearm 
4possessed is a machine gun.
Any person who violates this 
5Section while confined in a penal
institution, which is a 
6facility of the Illinois Department of
Corrections, is guilty 
7of a Class 1
felony, if he possesses any weapon prohibited 
8under Section 24-1 of this
Code regardless of the intent with 
9which he possesses it, a Class X
felony if he possesses any 
10firearm, firearm ammunition or explosive, and a
Class X felony 
11for which the offender shall be sentenced to not less than 12

12years and not more than 50 years when the firearm possessed is 
13a machine
gun. A violation of this Section while wearing or in 
14possession of body armor as defined in Section 33F-1 is a Class 
15X felony punishable by a term of imprisonment of not less than 
1610 years and not more than 40 years.
The possession of each 
17firearm or firearm ammunition in violation of this Section 
18constitutes a single and separate violation.

19(Source: P.A. 100-3, eff. 1-1-18.)


20 (720 ILCS 5/24-1.6)
21 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
22 (a) A person commits the offense of aggravated unlawful use 
23of a weapon when
he or she knowingly:
24  (1) Carries on or about his or her person or in any 
25 vehicle or concealed
on or about his or her person except 
 
 
HB4067- 125 -LRB101 15932 RLC 65292 b


1 when on his or her land or in his or her
abode, legal 
2 dwelling, or fixed place of business, or on the land or in 
3 the legal dwelling of another person as an invitee with 
4 that person's permission, any pistol, revolver, stun gun or 
5 taser or
other firearm; or
6  (2) Carries or possesses on or about his or her person, 
7 upon any public
street, alley, or other public lands within 
8 the corporate limits of a city,
village or incorporated 
9 town, except when an invitee thereon or therein, for
the 
10 purpose of the display of such weapon or the lawful 
11 commerce in weapons, or
except when on his or her own land 
12 or in his or her own abode, legal dwelling, or fixed place 
13 of
business, or on the land or in the legal dwelling of 
14 another person as an invitee with that person's permission, 
15 any pistol, revolver, stun gun or taser or other firearm; 
16 and
17  (3) One of the following factors is present:
18   (A) the firearm, other than a pistol, revolver, or 
19 handgun, possessed was uncased, loaded, and 
20 immediately accessible
at the time of the offense; or
21   (A-5) the pistol, revolver, or handgun possessed 
22 was uncased, loaded, and immediately accessible
at the 
23 time of the offense and the person possessing the 
24 pistol, revolver, or handgun has not been issued a 
25 currently valid license under the Firearm Concealed 
26 Carry Act; or 
 
 
HB4067- 126 -LRB101 15932 RLC 65292 b


1   (B) the firearm, other than a pistol, revolver, or 
2 handgun, possessed was uncased, unloaded, and the 
3 ammunition for
the weapon was immediately accessible 
4 at the time of the offense; or
5   (B-5) the pistol, revolver, or handgun possessed 
6 was uncased, unloaded, and the ammunition for
the 
7 weapon was immediately accessible at the time of the 
8 offense and the person possessing the pistol, 
9 revolver, or handgun has not been issued a currently 
10 valid license under the Firearm Concealed Carry Act; or 
11   (C) (blank); or the person possessing the firearm 
12 has not been issued a currently
valid Firearm Owner's 
13 Identification Card; or
14   (D) the person possessing the weapon was 
15 previously adjudicated
a delinquent minor under the 
16 Juvenile Court Act of 1987 for an act that if
committed 
17 by an adult would be a felony; or
18   (E) the person possessing the weapon was engaged in 
19 a misdemeanor
violation of the Cannabis
Control Act, in 
20 a misdemeanor violation of the Illinois Controlled 
21 Substances
Act, or in a misdemeanor violation of the 
22 Methamphetamine Control and Community Protection Act; 
23 or
24   (F) (blank); or
25   (G) the person possessing the weapon had an order 
26 of protection issued
against him or her within the 
 
 
HB4067- 127 -LRB101 15932 RLC 65292 b


1 previous 2 years; or
2   (H) the person possessing the weapon was engaged in 
3 the commission or
attempted commission of
a 
4 misdemeanor involving the use or threat of violence 
5 against
the person or property of another; or
6   (I) the person possessing the weapon was under 21 
7 years of age and in
possession of a handgun, unless the 
8 person under 21
is engaged in lawful activities under 
9 the Wildlife Code or described in
subsection 
10 24-2(b)(1), (b)(3), or 24-2(f).
11 (a-5) "Handgun" as used in this Section has the meaning 
12given to it in Section 5 of the Firearm Concealed Carry Act. 
13 (b) "Stun gun or taser" as used in this Section has the 
14same definition
given to it in Section 24-1 of this Code.
15 (c) This Section does not apply to or affect the 
16transportation or
possession
of weapons that:
17  (i) are broken down in a non-functioning state; or
18  (ii) are not immediately accessible; or
19  (iii) are unloaded and enclosed in a case, firearm 
20 carrying box,
shipping box, or other container by a person 
21 is eligible under State and federal law to possess a 
22 firearm who has been issued a currently
valid Firearm 
23 Owner's
Identification Card.
24 (d) Sentence.
25  (1) Aggravated unlawful use of a weapon is a Class 4 
26 felony;
a second or subsequent offense is a Class 2 felony 
 
 
HB4067- 128 -LRB101 15932 RLC 65292 b


1 for which the person shall be sentenced to a term of 
2 imprisonment of not less than 3 years and not more than 7 
3 years, except as provided for in Section 5-4.5-110 of the 
4 Unified Code of Corrections. 
5  (2) (Blank). Except as otherwise provided in 
6 paragraphs (3) and (4) of this subsection (d), a first 
7 offense of aggravated unlawful use of a weapon committed 
8 with a firearm by a person 18 years of age or older where 
9 the factors listed in both items (A) and (C) or both items 
10 (A-5) and (C) of paragraph (3) of subsection (a) are 
11 present is a Class 4 felony, for which the person shall be 
12 sentenced to a term of imprisonment of not less than one 
13 year and not more than 3 years.
14  (3) Aggravated unlawful use of
a weapon by a person who 
15 has been previously
convicted of a felony in this State or 
16 another jurisdiction is a Class 2
felony for which the 
17 person shall be sentenced to a term of imprisonment of not 
18 less than 3 years and not more than 7 years, except as 
19 provided for in Section 5-4.5-110 of the Unified Code of 
20 Corrections. 
21  (4) Aggravated unlawful use of a weapon while wearing 
22 or in possession of body armor as defined in Section 33F-1 
23 by a person who is prohibited under State or federal law 
24 from possessing a firearm has not been issued a valid 
25 Firearms Owner's Identification Card in accordance with 
26 Section 5 of the Firearm Owners Identification Card Act is 
 
 
HB4067- 129 -LRB101 15932 RLC 65292 b


1 a Class X felony.

2 (e) The possession of each firearm in violation of this 
3Section constitutes a single and separate violation.
4(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

5 (720 ILCS 5/24-1.8)
6 Sec. 24-1.8. Unlawful possession of a firearm by a street 
7gang member.
8 (a) A person
commits unlawful possession of a firearm by a 
9street gang member when he or she knowingly:
10  (1) possesses, carries, or conceals on or about his or 
11 her person a firearm and firearm ammunition while on any 
12 street, road, alley, gangway, sidewalk, or any other lands, 
13 except when inside his or her own abode or inside his or 
14 her fixed place of business, and has not been issued a 
15 currently valid Firearm Owner's Identification Card and is 
16 a member of a street gang; or
17  (2) possesses or carries in any vehicle a firearm and 
18 firearm ammunition which are both immediately accessible 
19 at the time of the offense while on any street, road, 
20 alley, or any other lands, except when inside his or her 
21 own abode or garage, and has not been issued a currently 
22 valid Firearm Owner's Identification Card and is a member 
23 of a street gang.
24 (b) Unlawful possession of a firearm by a street gang 
25member is a Class 2 felony for which the person, if sentenced 
 
 
HB4067- 130 -LRB101 15932 RLC 65292 b


1to a term of imprisonment, shall be sentenced to no less than 3 
2years and no more than 10 years. A period of probation, a term 
3of periodic imprisonment or conditional discharge shall not be 
4imposed for the offense of unlawful possession of a firearm by 
5a street gang member when the firearm was loaded or contained 
6firearm ammunition and the court shall sentence the offender to 
7not less than the minimum term of imprisonment authorized for 
8the Class 2 felony.
9 (c) For purposes of this Section:
10  "Street gang" or "gang" has the meaning ascribed to it 
11 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
12 Prevention Act.
13  "Street gang member" or "gang member" has the meaning 
14 ascribed to it in Section 10 of the Illinois Streetgang 
15 Terrorism Omnibus Prevention Act.

16(Source: P.A. 96-829, eff. 12-3-09.)


17 (720 ILCS 5/24-2)



18 Sec. 24-2. Exemptions. 

19 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
2024-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
21the following:

22  (1) Peace officers, and any person summoned by a peace 
23 officer to
assist in making arrests or preserving the 
24 peace, while actually engaged in
assisting such officer.

25  (2) Wardens, superintendents and keepers of prisons,

 
 
HB4067- 131 -LRB101 15932 RLC 65292 b


1 penitentiaries, jails and other institutions for the 
2 detention of persons
accused or convicted of an offense, 
3 while in the performance of their
official duty, or while 
4 commuting between their homes and places of employment.

5  (3) Members of the Armed Services or Reserve Forces of 
6 the United States
or the Illinois National Guard or the 
7 Reserve Officers Training Corps,
while in the performance 
8 of their official duty.

9  (4) Special agents employed by a railroad or a public 
10 utility to
perform police functions, and guards of armored 
11 car companies, while
actually engaged in the performance of 
12 the duties of their employment or
commuting between their 
13 homes and places of employment; and watchmen
while actually 
14 engaged in the performance of the duties of their 
15 employment.

16  (5) Persons licensed as private security contractors, 
17 private
detectives, or private alarm contractors, or 
18 employed by a private security contractor, private 
19 detective, or private alarm contractor agency licensed
by 
20 the Department of Financial and Professional Regulation, 
21 if their duties
include the carrying of a weapon under the 
22 provisions of the Private
Detective, Private Alarm,

23 Private Security, Fingerprint Vendor, and Locksmith Act of 
24 2004,
while actually
engaged in the performance of the 
25 duties of their employment or commuting
between their homes 
26 and places of employment. A person shall be considered 
 
 
HB4067- 132 -LRB101 15932 RLC 65292 b


1 eligible for this
exemption if he or she has completed the 
2 required 20
hours of training for a private security 
3 contractor, private
detective, or private alarm 
4 contractor, or employee of a licensed private security 
5 contractor, private detective, or private alarm contractor 
6 agency and 20 hours of required firearm
training, and has 
7 been issued a firearm control card by
the Department of 
8 Financial and Professional Regulation. Conditions for the 
9 renewal of
firearm control cards issued under the 
10 provisions of this Section
shall be the same as for those 
11 cards issued under the provisions of the
Private Detective, 
12 Private Alarm,
Private Security, Fingerprint Vendor, and 
13 Locksmith Act of 2004. The
firearm control card shall be 
14 carried by the private security contractor, private

15 detective, or private alarm contractor, or employee of the 
16 licensed private security contractor, private detective, 
17 or private alarm contractor agency at all
times when he or 
18 she is in possession of a concealable weapon permitted by 
19 his or her firearm control card.

20  (6) Any person regularly employed in a commercial or 
21 industrial
operation as a security guard for the protection 
22 of persons employed
and private property related to such 
23 commercial or industrial
operation, while actually engaged 
24 in the performance of his or her
duty or traveling between 
25 sites or properties belonging to the
employer, and who, as 
26 a security guard, is a member of a security force 
 
 
HB4067- 133 -LRB101 15932 RLC 65292 b


1 registered with the Department of Financial and 
2 Professional
Regulation; provided that such security guard 
3 has successfully completed a
course of study, approved by 
4 and supervised by the Department of
Financial and 
5 Professional Regulation, consisting of not less than 40 
6 hours of training
that includes the theory of law 
7 enforcement, liability for acts, and the
handling of 
8 weapons. A person shall be considered eligible for this

9 exemption if he or she has completed the required 20
hours 
10 of training for a security officer and 20 hours of required 
11 firearm
training, and has been issued a firearm control 
12 card by
the Department of Financial and Professional 
13 Regulation. Conditions for the renewal of
firearm control 
14 cards issued under the provisions of this Section
shall be 
15 the same as for those cards issued under the provisions of 
16 the
Private Detective, Private Alarm,
Private Security, 
17 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
18 control card shall be carried by the security guard at all

19 times when he or she is in possession of a concealable 
20 weapon permitted by his or her firearm control card.

21  (7) Agents and investigators of the Illinois 
22 Legislative Investigating
Commission authorized by the 
23 Commission to carry the weapons specified in
subsections 
24 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

25 any investigation for the Commission.

26  (8) Persons employed by a financial institution as a 
 
 
HB4067- 134 -LRB101 15932 RLC 65292 b


1 security guard for the protection of
other employees and 
2 property related to such financial institution, while

3 actually engaged in the performance of their duties, 
4 commuting between
their homes and places of employment, or 
5 traveling between sites or
properties owned or operated by 
6 such financial institution, and who, as a security guard, 
7 is a member of a security force registered with the 
8 Department; provided that
any person so employed has 
9 successfully completed a course of study,
approved by and 
10 supervised by the Department of Financial and Professional 
11 Regulation,
consisting of not less than 40 hours of 
12 training which includes theory of
law enforcement, 
13 liability for acts, and the handling of weapons.
A person 
14 shall be considered to be eligible for this exemption if he 
15 or
she has completed the required 20 hours of training for 
16 a security officer
and 20 hours of required firearm 
17 training, and has been issued a
firearm control card by the 
18 Department of Financial and Professional Regulation.

19 Conditions for renewal of firearm control cards issued 
20 under the
provisions of this Section shall be the same as 
21 for those issued under the
provisions of the Private 
22 Detective, Private Alarm,
Private Security, Fingerprint 
23 Vendor, and Locksmith Act of 2004. The
firearm control card 
24 shall be carried by the security guard at all times when he 
25 or she is in possession of a concealable
weapon permitted 
26 by his or her firearm control card. For purposes of this 
 
 
HB4067- 135 -LRB101 15932 RLC 65292 b


1 subsection, "financial institution" means a
bank, savings 
2 and loan association, credit union or company providing

3 armored car services.

4  (9) Any person employed by an armored car company to 
5 drive an armored
car, while actually engaged in the 
6 performance of his duties.

7  (10) Persons who have been classified as peace officers 
8 pursuant
to the Peace Officer Fire Investigation Act.

9  (11) Investigators of the Office of the State's 
10 Attorneys Appellate
Prosecutor authorized by the board of 
11 governors of the Office of the
State's Attorneys Appellate 
12 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
13 State's Attorneys Appellate Prosecutor's Act.

14  (12) Special investigators appointed by a State's 
15 Attorney under
Section 3-9005 of the Counties Code.

16  (12.5) Probation officers while in the performance of 
17 their duties, or
while commuting between their homes, 
18 places of employment or specific locations
that are part of 
19 their assigned duties, with the consent of the chief judge 
20 of
the circuit for which they are employed, if they have 
21 received weapons training according
to requirements of the 
22 Peace Officer and Probation Officer Firearm Training Act.

23  (13) Court Security Officers while in the performance 
24 of their official
duties, or while commuting between their 
25 homes and places of employment, with
the
consent of the 
26 Sheriff.

 
 
HB4067- 136 -LRB101 15932 RLC 65292 b


1  (13.5) A person employed as an armed security guard at 
2 a nuclear energy,
storage, weapons or development site or 
3 facility regulated by the Nuclear
Regulatory Commission 
4 who has completed the background screening and training

5 mandated by the rules and regulations of the Nuclear 
6 Regulatory Commission.

7  (14) Manufacture, transportation, or sale of weapons 
8 to
persons
authorized under subdivisions (1) through 
9 (13.5) of this
subsection
to
possess those weapons.

10 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
11to
or affect any person carrying a concealed pistol, revolver, 
12or handgun and the person has been issued a currently valid 
13license under the Firearm Concealed Carry Act at the time of 
14the commission of the offense.
15  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
16to
or affect a qualified current or retired law enforcement 
17officer qualified under the laws of this State or under the 
18federal Law Enforcement Officers Safety Act. 
19 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2024-1.6 do not
apply to or affect
any of the following:

21  (1) Members of any club or organization organized for 
22 the purpose of
practicing shooting at targets upon 
23 established target ranges, whether
public or private, and 
24 patrons of such ranges, while such members
or patrons are 
25 using their firearms on those target ranges.

26  (2) Duly authorized military or civil organizations 
 
 
HB4067- 137 -LRB101 15932 RLC 65292 b


1 while parading,
with the special permission of the 
2 Governor.

3  (3) Hunters, trappers or fishermen with a license or

4 permit while engaged in hunting,
trapping or fishing.

5  (4) Transportation of weapons that are broken down in a

6 non-functioning state or are not immediately accessible.

7  (5) Carrying or possessing any pistol, revolver, stun 
8 gun or taser or other firearm on the land or in the legal 
9 dwelling of another person as an invitee with that person's 
10 permission. 
11 (c) Subsection 24-1(a)(7) does not apply to or affect any 
12of the
following:

13  (1) Peace officers while in performance of their 
14 official duties.

15  (2) Wardens, superintendents and keepers of prisons, 
16 penitentiaries,
jails and other institutions for the 
17 detention of persons accused or
convicted of an offense.

18  (3) Members of the Armed Services or Reserve Forces of 
19 the United States
or the Illinois National Guard, while in 
20 the performance of their official
duty.

21  (4) Manufacture, transportation, or sale of machine 
22 guns to persons
authorized under subdivisions (1) through 
23 (3) of this subsection to
possess machine guns, if the 
24 machine guns are broken down in a
non-functioning state or 
25 are not immediately accessible.

26  (5) Persons licensed under federal law to manufacture 
 
 
HB4067- 138 -LRB101 15932 RLC 65292 b


1 any weapon from
which 8 or more shots or bullets can be 
2 discharged by a
single function of the firing device, or 
3 ammunition for such weapons, and
actually engaged in the 
4 business of manufacturing such weapons or
ammunition, but 
5 only with respect to activities which are within the lawful

6 scope of such business, such as the manufacture, 
7 transportation, or testing
of such weapons or ammunition. 
8 This exemption does not authorize the
general private 
9 possession of any weapon from which 8 or more
shots or 
10 bullets can be discharged by a single function of the 
11 firing
device, but only such possession and activities as 
12 are within the lawful
scope of a licensed manufacturing 
13 business described in this paragraph.

14  During transportation, such weapons shall be broken 
15 down in a
non-functioning state or not immediately 
16 accessible.

17  (6) The manufacture, transport, testing, delivery, 
18 transfer or sale,
and all lawful commercial or experimental 
19 activities necessary thereto, of
rifles, shotguns, and 
20 weapons made from rifles or shotguns,
or ammunition for 
21 such rifles, shotguns or weapons, where engaged in
by a 
22 person operating as a contractor or subcontractor pursuant 
23 to a
contract or subcontract for the development and supply 
24 of such rifles,
shotguns, weapons or ammunition to the 
25 United States government or any
branch of the Armed Forces 
26 of the United States, when such activities are
necessary 
 
 
HB4067- 139 -LRB101 15932 RLC 65292 b


1 and incident to fulfilling the terms of such contract.

2  The exemption granted under this subdivision (c)(6)

3 shall also apply to any authorized agent of any such 
4 contractor or
subcontractor who is operating within the 
5 scope of his employment, where
such activities involving 
6 such weapon, weapons or ammunition are necessary
and 
7 incident to fulfilling the terms of such contract.

8  (7) A person possessing a rifle with a barrel or 
9 barrels less than 16 inches in length if: (A) the person 
10 has been issued a Curios and Relics license from the U.S. 
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
12 the person is an active member of a bona fide, nationally 
13 recognized military re-enacting group and the modification 
14 is required and necessary to accurately portray the weapon 
15 for historical re-enactment purposes; the re-enactor is in 
16 possession of a valid and current re-enacting group 
17 membership credential; and the overall length of the weapon 
18 as modified is not less than 26 inches.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
20possession
or carrying of a black-jack or slung-shot by a peace 
21officer.

22 (e) Subsection 24-1(a)(8) does not apply to any owner, 
23manager or
authorized employee of any place specified in that 
24subsection nor to any
law enforcement officer.

25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
26Section 24-1.6
do not apply
to members of any club or 
 
 
HB4067- 140 -LRB101 15932 RLC 65292 b


1organization organized for the purpose of practicing
shooting 
2at targets upon established target ranges, whether public or 
3private,
while using their firearms on those target ranges.

4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
5to:

6  (1) Members of the Armed Services or Reserve Forces of 
7 the United
States or the Illinois National Guard, while in 
8 the performance of their
official duty.

9  (2) Bonafide collectors of antique or surplus military 
10 ordnance.

11  (3) Laboratories having a department of forensic 
12 ballistics, or
specializing in the development of 
13 ammunition or explosive ordnance.

14  (4) Commerce, preparation, assembly or possession of 
15 explosive
bullets by manufacturers of ammunition licensed 
16 by the federal government,
in connection with the supply of 
17 those organizations and persons exempted
by subdivision 
18 (g)(1) of this Section, or like organizations and persons

19 outside this State, or the transportation of explosive 
20 bullets to any
organization or person exempted in this 
21 Section by a common carrier or by a
vehicle owned or leased 
22 by an exempted manufacturer.

23 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
24persons licensed
under federal law to manufacture any device or 
25attachment of any kind designed,
used, or intended for use in 
26silencing the report of any firearm, firearms, or
ammunition

 
 
HB4067- 141 -LRB101 15932 RLC 65292 b


1for those firearms equipped with those devices, and actually 
2engaged in the
business of manufacturing those devices, 
3firearms, or ammunition, but only with
respect to
activities 
4that are within the lawful scope of that business, such as the

5manufacture, transportation, or testing of those devices, 
6firearms, or
ammunition. This
exemption does not authorize the 
7general private possession of any device or
attachment of any 
8kind designed, used, or intended for use in silencing the

9report of any firearm, but only such possession and activities 
10as are within
the
lawful scope of a licensed manufacturing 
11business described in this subsection
(g-5). During 
12transportation, these devices shall be detached from any weapon

13or
not immediately accessible.

14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1524-1.6 do not apply to
or affect any parole agent or parole 
16supervisor who meets the qualifications and conditions 
17prescribed in Section 3-14-1.5 of the Unified Code of 
18Corrections. 
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
20officer while serving as a member of a tactical response team 
21or special operations team. A peace officer may not personally 
22own or apply for ownership of a device or attachment of any 
23kind designed, used, or intended for use in silencing the 
24report of any firearm. These devices shall be owned and 
25maintained by lawfully recognized units of government whose 
26duties include the investigation of criminal acts.
 
 
HB4067- 142 -LRB101 15932 RLC 65292 b


1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
3athlete's possession, transport on official Olympic and 
4Paralympic transit systems established for athletes, or use of 
5competition firearms sanctioned by the International Olympic 
6Committee, the International Paralympic Committee, the 
7International Shooting Sport Federation, or USA Shooting in 
8connection with such athlete's training for and participation 
9in shooting competitions at the 2016 Olympic and Paralympic 
10Games and sanctioned test events leading up to the 2016 Olympic 
11and Paralympic Games. 
12 (h) An information or indictment based upon a violation of 
13any
subsection of this Article need not negative any exemptions 
14contained in
this Article. The defendant shall have the burden 
15of proving such an
exemption.

16 (i) Nothing in this Article shall prohibit, apply to, or 
17affect
the transportation, carrying, or possession, of any 
18pistol or revolver,
stun gun, taser, or other firearm consigned 
19to a common carrier operating
under license of the State of 
20Illinois or the federal government, where
such transportation, 
21carrying, or possession is incident to the lawful

22transportation in which such common carrier is engaged; and 
23nothing in this
Article shall prohibit, apply to, or affect the 
24transportation, carrying,
or possession of any pistol, 
25revolver, stun gun, taser, or other firearm,
not the subject of 
26and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
 
 
HB4067- 143 -LRB101 15932 RLC 65292 b


1this Article, which is unloaded and enclosed in a case, firearm

2carrying box, shipping box, or other container, by a person 
3eligible under State and federal law to possess a firearm the 
4possessor of a valid
Firearm Owners Identification Card.

5(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)



6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


7 Sec. 24-3. Unlawful sale or delivery of firearms. 

8 (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:

11  (a) Sells or gives any firearm of a size which may be 
12 concealed upon the
person to any person under 18 years of 
13 age.

14  (b) Sells or gives any firearm to a person under 21 
15 years of age who has
been convicted of a misdemeanor other 
16 than a traffic offense or adjudged
delinquent.

17  (c) Sells or gives any firearm to any narcotic addict.

18  (d) Sells or gives any firearm to any person who has 
19 been convicted of a
felony under the laws of this or any 
20 other jurisdiction.

21  (e) Sells or gives any firearm to any person who has 
22 been a patient in a
mental institution within the past 5 
23 years. In this subsection (e):
24   "Mental institution" means any hospital, 
25 institution, clinic, evaluation facility, mental 
 
 
HB4067- 144 -LRB101 15932 RLC 65292 b


1 health center, or part thereof, which is used primarily 
2 for the care or treatment of persons with mental 
3 illness. 
4   "Patient in a mental institution" means the person 
5 was admitted, either voluntarily or involuntarily, to 
6 a mental institution for mental health treatment, 
7 unless the treatment was voluntary and solely for an 
8 alcohol abuse disorder and no other secondary 
9 substance abuse disorder or mental illness.

10  (f) Sells or gives any firearms to any person who is a 
11 person with an intellectual disability.

12  (g) Delivers any firearm, incidental to a sale, without 
13 withholding delivery of the firearm
for at least 72 hours 
14 after application for its purchase has been made, or

15 delivers a stun gun or taser, incidental to a sale,
without 
16 withholding delivery of the stun gun or taser for
at least 
17 24 hours after application for its purchase has been made.

18 However,
this paragraph (g) does not apply to: (1) the sale 
19 of a firearm
to a law enforcement officer if the seller of 
20 the firearm knows that the person to whom he or she is 
21 selling the firearm is a law enforcement officer or the 
22 sale of a firearm to a person who desires to purchase a 
23 firearm for
use in promoting the public interest incident 
24 to his or her employment as a
bank guard, armed truck 
25 guard, or other similar employment; (2) a mail
order sale 
26 of a firearm from a federally licensed firearms dealer to a 
 
 
HB4067- 145 -LRB101 15932 RLC 65292 b


1 nonresident of Illinois under which the firearm
is mailed 
2 to a federally licensed firearms dealer outside the 
3 boundaries of Illinois; (3) (blank); (4) the sale of a

4 firearm to a dealer licensed as a federal firearms dealer 
5 under Section 923
of the federal Gun Control Act of 1968 
6 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
7 shotgun, or other long gun to a resident registered 
8 competitor or attendee or non-resident registered 
9 competitor or attendee by any dealer licensed as a federal 
10 firearms dealer under Section 923 of the federal Gun 
11 Control Act of 1968 at competitive shooting events held at 
12 the World Shooting Complex sanctioned by a national 
13 governing body. For purposes of transfers or sales under 
14 subparagraph (5) of this paragraph (g), the Department of 
15 Natural Resources shall give notice to the Department of 
16 State Police at least 30 calendar days prior to any 
17 competitive shooting events at the World Shooting Complex 
18 sanctioned by a national governing body. The notification 
19 shall be made on a form prescribed by the Department of 
20 State Police. The sanctioning body shall provide a list of 
21 all registered competitors and attendees at least 24 hours 
22 before the events to the Department of State Police. Any 
23 changes to the list of registered competitors and attendees 
24 shall be forwarded to the Department of State Police as 
25 soon as practicable. The Department of State Police must 
26 destroy the list of registered competitors and attendees no 
 
 
HB4067- 146 -LRB101 15932 RLC 65292 b


1 later than 30 days after the date of the event. Nothing in 
2 this paragraph (g) relieves a federally licensed firearm 
3 dealer from the requirements of conducting a NICS 
4 background check through the Illinois Point of Contact 
5 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
6 "application" means when the buyer and seller reach an 
7 agreement to purchase a firearm.
For purposes of this 
8 paragraph (g), "national governing body" means a group of 
9 persons who adopt rules and formulate policy on behalf of a 
10 national firearm sporting organization. 

11  (h) While holding any license
as a dealer,
importer, 
12 manufacturer or pawnbroker
under the federal Gun Control 
13 Act of 1968,
manufactures, sells or delivers to any 
14 unlicensed person a handgun having
a barrel, slide, frame 
15 or receiver which is a die casting of zinc alloy or
any 
16 other nonhomogeneous metal which will melt or deform at a 
17 temperature
of less than 800 degrees Fahrenheit. For 
18 purposes of this paragraph, (1)
"firearm" is defined as in 
19 the Firearm Owners Identification Card Act; and (2)

20 "handgun" is defined as a firearm designed to be held
and 
21 fired by the use of a single hand, and includes a 
22 combination of parts from
which such a firearm can be 
23 assembled.

24  (i) Sells or gives a firearm of any size to any person 
25 under 18 years of
age who is not eligible under State or 
26 federal law to possess a firearm does not possess a valid 
 
 
HB4067- 147 -LRB101 15932 RLC 65292 b


1 Firearm Owner's Identification Card.

2  (j) Sells or gives a firearm while engaged in the 
3 business of selling
firearms at wholesale or retail without 
4 being licensed as a federal firearms
dealer under Section 
5 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
6 In this paragraph (j):

7  A person "engaged in the business" means a person who 
8 devotes time,
attention, and
labor to
engaging in the 
9 activity as a regular course of trade or business with the

10 principal objective of livelihood and profit, but does not 
11 include a person who
makes occasional repairs of firearms 
12 or who occasionally fits special barrels,
stocks, or 
13 trigger mechanisms to firearms.

14  "With the principal objective of livelihood and 
15 profit" means that the
intent
underlying the sale or 
16 disposition of firearms is predominantly one of
obtaining 
17 livelihood and pecuniary gain, as opposed to other intents, 
18 such as
improving or liquidating a personal firearms 
19 collection; however, proof of
profit shall not be required 
20 as to a person who engages in the regular and
repetitive 
21 purchase and disposition of firearms for criminal purposes 
22 or
terrorism.

23  (k) (Blank). Sells or transfers ownership of a firearm 
24 to a person who does not display to the seller or 
25 transferor of the firearm either: (1) a currently valid 
26 Firearm Owner's Identification Card that has previously 
 
 
HB4067- 148 -LRB101 15932 RLC 65292 b


1 been issued in the transferee's name by the Department of 
2 State Police under the provisions of the Firearm Owners 
3 Identification Card Act; or (2) a currently valid license 
4 to carry a concealed firearm that has previously been 
5 issued in the transferee's name by the
Department of State 
6 Police under the Firearm Concealed Carry Act. This 
7 paragraph (k) does not apply to the transfer of a firearm 
8 to a person who is exempt from the requirement of 
9 possessing a Firearm Owner's Identification Card under 
10 Section 2 of the Firearm Owners Identification Card Act. 
11 For the purposes of this Section, a currently valid Firearm 
12 Owner's Identification Card means (i) a Firearm Owner's 
13 Identification Card that has not expired or (ii) an 
14 approval number issued in accordance with subsection 
15 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
16 Identification Card Act shall be proof that the Firearm 
17 Owner's Identification Card was valid.
18   (1) (Blank). In addition to the other requirements 
19 of this paragraph (k), all persons who are not 
20 federally licensed firearms dealers must also have 
21 complied with subsection (a-10) of Section 3 of the 
22 Firearm Owners Identification Card Act by determining 
23 the validity of a purchaser's Firearm Owner's 
24 Identification Card.
25   (2) (Blank). All sellers or transferors who have 
26 complied with the requirements of subparagraph (1) of 
 
 
HB4067- 149 -LRB101 15932 RLC 65292 b


1 this paragraph (k) shall not be liable for damages in 
2 any civil action arising from the use or misuse by the 
3 transferee of the firearm transferred, except for 
4 willful or wanton misconduct on the part of the seller 
5 or transferor. 
6  (l) Not
being entitled to the possession of a firearm, 
7 delivers the
firearm, knowing it to have been stolen or 
8 converted. It may be inferred that
a person who possesses a 
9 firearm with knowledge that its serial number has
been 
10 removed or altered has knowledge that the firearm is stolen 
11 or converted. 
12 (B) Paragraph (h) of subsection (A) does not include 
13firearms sold within 6
months after enactment of Public
Act 
1478-355 (approved August 21, 1973, effective October 1, 1973), 
15nor is any
firearm legally owned or
possessed by any citizen or 
16purchased by any citizen within 6 months after the
enactment of 
17Public Act 78-355 subject
to confiscation or seizure under the 
18provisions of that Public Act. Nothing in
Public Act 78-355 
19shall be construed to prohibit the gift or trade of
any firearm 
20if that firearm was legally held or acquired within 6 months 
21after
the enactment of that Public Act.

22 (C) Sentence.

23  (1) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (c), (e), (f), (g), 
25 or (h) of subsection (A) commits a Class
4
felony.

26  (2) Any person convicted of unlawful sale or delivery 
 
 
HB4067- 150 -LRB101 15932 RLC 65292 b


1 of firearms in violation of
paragraph (b) or (i) of 
2 subsection (A) commits a Class 3 felony.

3  (3) Any person convicted of unlawful sale or delivery 
4 of firearms in violation of
paragraph (a) of subsection (A) 
5 commits a Class 2 felony.

6  (4) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of
paragraph (a), (b), or (i) of 
8 subsection (A) in any school, on the real
property 
9 comprising a school, within 1,000 feet of the real property 
10 comprising
a school, at a school related activity, or on or 
11 within 1,000 feet of any
conveyance owned, leased, or 
12 contracted by a school or school district to
transport 
13 students to or from school or a school related activity,

14 regardless of the time of day or time of year at which the 
15 offense
was committed, commits a Class 1 felony. Any person 
16 convicted of a second
or subsequent violation of unlawful 
17 sale or delivery of firearms in violation of paragraph
(a), 
18 (b), or (i) of subsection (A) in any school, on the real 
19 property
comprising a school, within 1,000 feet of the real 
20 property comprising a
school, at a school related activity, 
21 or on or within 1,000 feet of any
conveyance owned, leased, 
22 or contracted by a school or school district to
transport 
23 students to or from school or a school related activity,

24 regardless of the time of day or time of year at which the 
25 offense
was committed, commits a Class 1 felony for which 
26 the sentence shall be a
term of imprisonment of no less 
 
 
HB4067- 151 -LRB101 15932 RLC 65292 b


1 than 5 years and no more than 15 years.

2  (5) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (a) or (i) of 
4 subsection (A) in residential property owned,
operated, or 
5 managed by a public housing agency or leased by a public 
6 housing
agency as part of a scattered site or mixed-income 
7 development, in a public
park, in a
courthouse, on 
8 residential property owned, operated, or managed by a 
9 public
housing agency or leased by a public housing agency 
10 as part of a scattered site
or mixed-income development, on 
11 the real property comprising any public park,
on the real

12 property comprising any courthouse, or on any public way 
13 within 1,000 feet
of the real property comprising any 
14 public park, courthouse, or residential
property owned, 
15 operated, or managed by a public housing agency or leased 
16 by a
public housing agency as part of a scattered site or 
17 mixed-income development
commits a
Class 2 felony.

18  (6) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (j) of subsection (A) 
20 commits a Class A misdemeanor. A second or
subsequent 
21 violation is a Class 4 felony.
22  (7) (Blank). Any person convicted of unlawful sale or 
23 delivery of firearms in violation of paragraph (k) of 
24 subsection (A) commits a Class 4 felony, except that a 
25 violation of subparagraph (1) of paragraph (k) of 
26 subsection (A) shall not be punishable as a crime or petty 
 
 
HB4067- 152 -LRB101 15932 RLC 65292 b


1 offense. A third or subsequent conviction for a violation 
2 of paragraph (k) of subsection (A) is a Class 1 felony.


3  (8) A person 18 years of age or older convicted of 
4 unlawful sale or delivery of firearms in violation of 
5 paragraph (a) or (i) of subsection (A), when the firearm 
6 that was sold or given to another person under 18 years of 
7 age was used in the commission of or attempt to commit a 
8 forcible felony, shall be fined or imprisoned, or both, not 
9 to exceed the maximum provided for the most serious 
10 forcible felony so committed or attempted by the person 
11 under 18 years of age who was sold or given the firearm. 
12  (9) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (d) of subsection (A) 
14 commits a Class 3 felony.
15  (10) Any person convicted of unlawful sale or delivery 
16 of firearms in violation of paragraph (l) of subsection (A) 
17 commits a Class 2 felony if the delivery is of one firearm. 
18 Any person convicted of unlawful sale or delivery of 
19 firearms in violation of paragraph (l) of subsection (A) 
20 commits a Class 1 felony if the delivery is of not less 
21 than 2 and not more than 5 firearms at the
same time or 
22 within a one year period. Any person convicted of unlawful 
23 sale or delivery of firearms in violation of paragraph (l) 
24 of subsection (A) commits a Class X felony for which he or 
25 she shall be sentenced
to a term of imprisonment of not 
26 less than 6 years and not more than 30
years if the 
 
 
HB4067- 153 -LRB101 15932 RLC 65292 b


1 delivery is of not less than 6 and not more than 10 
2 firearms at the
same time or within a 2 year period. Any 
3 person convicted of unlawful sale or delivery of firearms 
4 in violation of paragraph (l) of subsection (A) commits a 
5 Class X felony for which he or she shall be sentenced
to a 
6 term of imprisonment of not less than 6 years and not more 
7 than 40
years if the delivery is of not less than 11 and 
8 not more than 20 firearms at the
same time or within a 3 
9 year period. Any person convicted of unlawful sale or 
10 delivery of firearms in violation of paragraph (l) of 
11 subsection (A) commits a Class X felony for which he or she 
12 shall be sentenced
to a term of imprisonment of not less 
13 than 6 years and not more than 50
years if the delivery is 
14 of not less than 21 and not more than 30 firearms at the

15 same time or within a 4 year period. Any person convicted 
16 of unlawful sale or delivery of firearms in violation of 
17 paragraph (l) of subsection (A) commits a Class X felony 
18 for which he or she shall be sentenced
to a term of 
19 imprisonment of not less than 6 years and not more than 60

20 years if the delivery is of 31 or more firearms at the
same 
21 time or within a 5 year period. 
22 (D) For purposes of this Section:

23 "School" means a public or private elementary or secondary 
24school,
community college, college, or university.

25 "School related activity" means any sporting, social, 
26academic, or
other activity for which students' attendance or 
 
 
HB4067- 154 -LRB101 15932 RLC 65292 b


1participation is sponsored,
organized, or funded in whole or in 
2part by a school or school district.

3 (E) A prosecution for a violation of paragraph (k) of 
4subsection (A) of this Section may be commenced within 6 years 
5after the commission of the offense. A prosecution for a 
6violation of this Section other than paragraph (g) of 
7subsection (A) of this Section may be commenced within 5 years 
8after the commission of the offense defined in the particular 
9paragraph.

10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)


12 (720 ILCS 5/24-3B)
13 Sec. 24-3B. Firearms trafficking.
14 (a) A person commits firearms trafficking when he or she is 
15prohibited under federal or State law from possessing a firearm 
16has not been issued a currently valid Firearm Owner's 
17Identification Card and knowingly:
18  (1) brings, or causes to be brought, into this State, a 
19 firearm or firearm ammunition for the purpose of sale, 
20 delivery, or transfer to any other person or with the 
21 intent to sell, deliver, or transfer the firearm or firearm 
22 ammunition to any other person; or
23  (2) brings, or causes to be brought, into this State, a 
24 firearm and firearm ammunition for the purpose of sale, 
25 delivery, or transfer to any other person or with the 
 
 
HB4067- 155 -LRB101 15932 RLC 65292 b


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

24(Source: P.A. 99-885, eff. 8-23-16.)



25 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



 
 
HB4067- 156 -LRB101 15932 RLC 65292 b


1 Sec. 24-3.1. Unlawful possession of firearms and firearm 
2ammunition. 

3 (a) A person commits the offense of unlawful possession of 
4firearms
or firearm ammunition when:


5  (1) He is under 18 years of age and has in his 
6 possession
any firearm of
a size which may be concealed 
7 upon the person; or


8  (2) He is under 21 years of age, has been convicted of 
9 a misdemeanor
other than a traffic offense or adjudged 
10 delinquent and has
any firearms or
firearm ammunition in 
11 his possession; or


12  (3) He is a narcotic addict and has
any firearms or 
13 firearm ammunition
in his possession; or


14  (4) He has been a patient in a mental institution 
15 within the past 5 years
and has
any firearms or firearm 
16 ammunition in his possession. For purposes of this 
17 paragraph (4):
18   "Mental institution" means any hospital, 
19 institution, clinic, evaluation facility, mental 
20 health center, or part thereof, which is used primarily 
21 for the care or treatment of persons with mental 
22 illness.
23   "Patient in a mental institution" means the person 
24 was admitted, either voluntarily or involuntarily, to 
25 a mental institution for mental health treatment, 
26 unless the treatment was voluntary and solely for an 
 
 
HB4067- 157 -LRB101 15932 RLC 65292 b


1 alcohol abuse disorder and no other secondary 
2 substance abuse disorder or mental illness; or


3  (5) He is a person with an intellectual disability and 
4 has
any firearms or firearm ammunition
in his possession; 
5 or


6  (6) He has in his possession any explosive bullet.

7 For purposes of this paragraph "explosive bullet" means the 
8projectile
portion of an ammunition cartridge which contains or 
9carries an explosive
charge which will explode upon contact 
10with the flesh of a human or an animal.
"Cartridge" means a 
11tubular metal case having a projectile affixed at the
front 
12thereof and a cap or primer at the rear end thereof, with the 
13propellant
contained in such tube between the projectile and 
14the cap.

15 (a-5) A person prohibited from possessing a firearm under 
16this Section may petition the Director of the Illinois State 
17Police for a hearing and relief from the prohibition, unless 
18the prohibition was based upon a forcible felony, stalking, 
19aggravated stalking, domestic battery, any violation of the 
20Illinois Controlled Substances Act, the Methamphetamine 
21Control and Community Protection Act, or the Cannabis Control 
22Act that is classified as a Class 2 or greater felony, any 
23felony violation of Article 24 of the Criminal Code of 1961 or 
24the Criminal Code of 2012, or any adjudication as a delinquent 
25minor for the commission of an offense that if committed by an 
26adult would be a felony, in which case the person may petition 
 
 
HB4067- 158 -LRB101 15932 RLC 65292 b


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

23 law. 
24 (b) Sentence.

25 Unlawful possession of firearms, other than handguns, and 
26firearm
ammunition is a Class A misdemeanor. Unlawful 
 
 
HB4067- 159 -LRB101 15932 RLC 65292 b


1possession of handguns is a
Class 4 felony. The possession of 
2each firearm or firearm ammunition in violation of this Section 
3constitutes a single and separate violation.


4 (c) Nothing in paragraph (1) of subsection (a) of this 
5Section prohibits
a person under 18 years of age from 
6participating in any lawful recreational
activity with a 
7firearm such as, but not limited to, practice shooting at

8targets upon established public or private target ranges or 
9hunting, trapping,
or fishing in accordance with the Wildlife 
10Code or the Fish and Aquatic Life
Code.

11(Source: P.A. 99-143, eff. 7-27-15.)





12 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



13 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 

14 (a) A person
commits the offense of unlawful discharge of 
15firearm projectiles when he
or she knowingly
or recklessly uses 
16an armor piercing bullet, dragon's
breath shotgun shell, bolo 
17shell, or flechette
shell
in violation of
this Section.

18 For purposes of this Section:

19 "Armor piercing bullet" means
any handgun bullet or handgun 
20ammunition with projectiles or projectile cores
constructed 
21entirely (excluding the presence of traces of other substances)

22from tungsten alloys, steel, iron, brass, bronze, beryllium 
23copper
or depleted uranium, or fully jacketed bullets larger 
24than 22 caliber whose
jacket
has a weight of more than 25% of 
25the total weight of the projectile, and
excluding those handgun

 
 
HB4067- 160 -LRB101 15932 RLC 65292 b


1projectiles whose cores are composed of soft materials such as 
2lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
3designed primarily for
sporting purposes, and any
other 
4projectiles or projectile cores that the U. S. Secretary of the 
5Treasury
finds to be primarily intended to be used for sporting 
6purposes or industrial
purposes or that otherwise does not 
7constitute "armor piercing ammunition" as
that term is defined 
8by federal law.

9 "Dragon's breath shotgun shell" means any shotgun shell 
10that contains
exothermic pyrophoric mesh metal as the 
11projectile and is designed for the
purpose of throwing or 
12spewing a flame or fireball to simulate a flame-thrower.

13 "Bolo shell" means any shell that can be fired in a firearm 
14and expels as
projectiles 2 or more metal balls connected by 
15solid metal wire.

16 "Flechette shell" means any shell that can be fired in a 
17firearm and expels
2 or more pieces of fin-stabilized solid 
18metal wire or 2 or more solid
dart-type
projectiles.

19 (b) A person commits a Class X felony when he or she, 
20knowing that a
firearm,
as defined in Section
1.1 of the 
21Firearm Owners Identification Card
Act, is loaded with an armor

22piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
23flechette
shell,
intentionally or recklessly discharges such 
24firearm and such bullet or
shell strikes
any other person.

25 (c) Any person who possesses, concealed on or about his or 
26her person,
an armor
piercing bullet, dragon's breath shotgun 
 
 
HB4067- 161 -LRB101 15932 RLC 65292 b


1shell, bolo
shell, or flechette
shell
and a firearm suitable 
2for the discharge thereof is guilty
of a Class 2 felony.

3 (d) This Section does not apply to or affect any of the 
4following:


5  (1) Peace officers;


6  (2) Wardens, superintendents and keepers of prisons, 
7 penitentiaries, jails
and other institutions for the 
8 detention of persons accused or convicted of an
offense;


9  (3) Members of the Armed Services or Reserve Forces of 
10 the United States
or the Illinois National Guard while in 
11 the performance of their official
duties;


12  (4) Federal officials required to carry firearms, 
13 while engaged in the
performance of their official duties;


14  (5) United States Marshals, while engaged in the 
15 performance of their
official duties.

16(Source: P.A. 92-423, eff. 1-1-02.)





17 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



18 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 

19 (a) It shall be unlawful for any person who holds a license 
20to sell at
retail any alcoholic liquor issued by the Illinois 
21Liquor Control
Commission or local liquor control commissioner 
22under the Liquor Control Act
of 1934 or an agent or employee of 
23the licensee to sell or deliver to any
other person a firearm 
24in or on the real property of the establishment
where the 
25licensee is licensed to sell alcoholic liquors unless the sale 
 
 
HB4067- 162 -LRB101 15932 RLC 65292 b


1or
delivery of the firearm is otherwise lawful under this 
2Article and under the
Firearm Owners Identification Card Act.

3 (b) Sentence. A violation of subsection (a) of this Section 
4is a
Class 4 felony.

5(Source: P.A. 87-591.)





6 (720 ILCS 5/24-3.5)


7 Sec. 24-3.5. Unlawful purchase of a firearm. 

8 (a) For purposes of this Section,
"firearms transaction 
9record form" means a form:


10  (1) executed by a transferee
of a firearm stating: (i) 
11 the transferee's name and address (including county
or 
12 similar political subdivision); (ii) whether the 
13 transferee is a citizen of
the United States;
(iii) the 
14 transferee's State of residence; and (iv) the date and 
15 place of
birth, height, weight, and race of the transferee; 
16 and


17  (2) on which the transferee certifies that he or she is 
18 not
prohibited by federal law from transporting or shipping 
19 a firearm
in interstate or foreign commerce or receiving a 
20 firearm that has been shipped
or transported in interstate 
21 or foreign commerce or possessing a firearm in or
affecting 
22 commerce.

23 (b) A person commits the offense of unlawful purchase of a 
24firearm who
knowingly purchases or attempts to purchase a

25firearm with the intent to deliver that firearm to another 
 
 
HB4067- 163 -LRB101 15932 RLC 65292 b


1person who
is prohibited by federal or State law from 
2possessing a firearm.

3 (c) A person commits the offense of unlawful purchase of a 
4firearm when he
or she, in purchasing or attempting to purchase 
5a firearm, intentionally
provides false or
misleading 
6information on a United States Department of the Treasury, 
7Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
8record form.

9 (d) Exemption. It is not a violation of subsection (b) of 
10this Section for a
person to make a gift or loan of a firearm to 
11a
person who is not
prohibited by federal or State law from 
12possessing a firearm
if the transfer of the firearm
is made in 
13accordance with Section 3 of the Firearm Owners Identification 
14Card
Act.

15 (e) Sentence.


16  (1) A person who commits the offense of unlawful 
17 purchase of a
firearm:


18   (A) is guilty of a Class 2 felony for purchasing or 
19 attempting to
purchase one firearm;


20   (B) is guilty of a Class 1 felony for purchasing or 
21 attempting to
purchase not less than 2
firearms and not 
22 more than 5 firearms at the same time or within a one

23 year period;


24   (C) is guilty of a Class X felony for which the 
25 offender shall be sentenced to a term of imprisonment 
26 of not less than 9 years and not more than 40 years for 
 
 
HB4067- 164 -LRB101 15932 RLC 65292 b


1 purchasing or attempting to
purchase not less than 6

2 firearms at the same time or within a 2
year period.


3  (2) In addition to any other penalty that may be 
4 imposed for a violation
of this Section, the court may 
5 sentence a person convicted of a violation of
subsection 
6 (c) of this Section to a fine not to exceed $250,000 for 
7 each
violation.

8 (f) A prosecution for unlawful purchase of a firearm may be 
9commenced within 6 years after the commission of the offense.

10(Source: P.A. 95-882, eff. 1-1-09.)


11 (720 ILCS 5/24-4.1)

12 Sec. 24-4.1. Report of lost or stolen firearms.

13 (a) If a person who possesses a valid Firearm Owner's 
14Identification Card and who possesses or acquires a firearm 
15thereafter loses the firearm, or if the firearm is stolen from 
16the person, the person must report the loss or theft to the 
17local law enforcement agency within 72 hours after obtaining 
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall take 
20a written report and shall, as soon as practical, enter the 
21firearm's serial number as stolen into the Law Enforcement 
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24  (1) the failure to report is due to an act of God, act 
25 of war, or inability of a law enforcement agency to receive 
 
 
HB4067- 165 -LRB101 15932 RLC 65292 b


1 the report;
2  (2) the person is hospitalized, in a coma, or is 
3 otherwise seriously physically or mentally impaired as to 
4 prevent the person from reporting; or
5  (3) the person's designee makes a report if the person 
6 is unable to make the report. 
7 (d) Sentence. A person who violates this Section is guilty 
8of a petty offense for a first violation. A second or 
9subsequent violation of this Section is a Class A misdemeanor.

10(Source: P.A. 98-508, eff. 8-19-13.)

11 (720 ILCS 5/24-4.5 new)

12 Sec. 24-4.5. Dial up system.
13 (a) The Illinois State Police shall provide
a dial up 
14telephone system or utilize other existing technology which 
15shall be used by any federally licensed
firearm dealer, gun 
16show promoter, or gun show vendor who is to transfer a firearm, 
17stun gun, or taser under the provisions of this
Code. The 
18Illinois State Police may utilize existing technology which

19allows the caller to be charged a fee not to exceed $2. Fees 
20collected by the Illinois
State Police shall be deposited in 
21the State Police Services Fund and used
to provide the service.
22 (b) Upon receiving a request from a federally licensed 
23firearm dealer, gun show promoter, or gun show vendor, the

24Illinois State Police shall immediately approve, or within the 
25time
period established by Section 24-3 of this Code regarding

 
 
HB4067- 166 -LRB101 15932 RLC 65292 b


1the delivery of firearms, stun guns, and tasers notify the 
2inquiring dealer, gun show promoter, or gun show vendor of any 
3objection that
would disqualify the transferee from acquiring 
4or possessing a firearm, stun gun, or taser. In
conducting the 
5inquiry, the Illinois State Police shall initiate and
complete 
6an automated search of its criminal history record information

7files and those of the Federal Bureau of Investigation, 
8including the
National Instant Criminal Background Check 
9System, and of the files of
the Department of Human Services 
10relating to mental health and
developmental disabilities to 
11obtain
any felony conviction or patient hospitalization 
12information which would
disqualify a person from obtaining a 
13firearm.
14 (c) If receipt of a firearm would not violate Section 24-3 
15of this Code or federal law, the Illinois State Police shall:

16  (1) assign a unique identification number to the 
17 transfer; and
18  (2) provide the licensee, gun show promoter, or gun 
19 show vendor with the number.
20 (d) Approvals issued by the Illinois State Police for the 
21purchase of a firearm are valid for 30 days from the date of 
22issue.

23 (e)(1) The Illinois State Police must act as the Illinois 
24Point of Contact
for the National Instant Criminal Background 
25Check System.
26 (2) The Illinois State Police and the Department of Human 
 
 
HB4067- 167 -LRB101 15932 RLC 65292 b


1Services shall, in accordance with State and federal law 
2regarding confidentiality, enter into a memorandum of 
3understanding with the Federal Bureau of Investigation for the 
4purpose of implementing the National Instant Criminal 
5Background Check System in the State. The Illinois State Police 
6shall report the name, date of birth, and physical description 
7of any person prohibited from possessing a firearm under this 
8Code or 18 U.S.C. 922(g) and (n) to the National Instant 
9Criminal Background Check System Index, Denied Persons Files.
10 (f) The Illinois State Police shall adopt rules not 
11inconsistent with this Section to implement this
system.





12 (720 ILCS 5/24-9)



13 Sec. 24-9. Firearms; Child Protection. 

14 (a) Except as provided in
subsection (c), it is unlawful

15for any person to
store or leave, within premises under his or 
16her control, a firearm if
the
person knows or has reason to 
17believe that a minor under the age of 14
years who does not 
18have a Firearm Owners Identification Card is likely to gain

19access to the firearm without the lawful permission
of the 
20person possessing the firearm, minor's parent, guardian, or 
21person having charge of the minor, and
the minor causes death 
22or great bodily harm with the firearm, unless
the firearm is:


23  (1) secured by a device or mechanism, other than the 
24 firearm safety,
designed to render a firearm temporarily 
25 inoperable; or


 
 
HB4067- 168 -LRB101 15932 RLC 65292 b


1  (2) placed in a securely locked box or container; or


2  (3) placed in some other location that a reasonable 
3 person would
believe to be secure from a minor under the 
4 age of 14 years.

5 (b) Sentence. A person who violates this Section is guilty 
6of a Class C
misdemeanor and shall be fined not less than 
7$1,000. A second or subsequent
violation of this Section is a 
8Class A misdemeanor.

9 (c) Subsection (a) does not apply:


10  (1) if the minor under 14 years of age gains access to 
11 a
firearm and uses it in a lawful act of self-defense or 
12 defense of another; or


13  (2) to any firearm obtained by a minor under the age of 
14 14 because of
an unlawful entry of the premises by the 
15 minor or another person.

16 (d) (Blank). For the purposes of this Section, "firearm" 
17has the meaning ascribed
to it in Section
1.1 of the Firearm 
18Owners Identification Card Act.

19(Source: P.A. 91-18, eff. 1-1-00.)


20 Section 85. The Methamphetamine Control and Community 
21Protection Act is amended by changing Section 10 as follows:

22 (720 ILCS 646/10)

23 Sec. 10. Definitions. As used in this Act:
24 "Anhydrous ammonia" has the meaning provided in subsection 
 
 
HB4067- 169 -LRB101 15932 RLC 65292 b


1(d) of Section 3 of the Illinois Fertilizer Act of 1961.

2 "Anhydrous ammonia equipment" means all items used to 
3store, hold, contain, handle, transfer, transport, or apply 
4anhydrous ammonia for lawful purposes.

5 "Booby trap" means any device designed to cause physical 
6injury when triggered by an act of a person approaching, 
7entering, or moving through a structure, a vehicle, or any 
8location where methamphetamine has been manufactured, is being 
9manufactured, or is intended to be manufactured.

10 "Deliver" or "delivery" has the meaning provided in 
11subsection (h) of Section 102 of the Illinois Controlled 
12Substances Act.

13 "Director" means the Director of State Police or the 
14Director's designated agents.

15 "Dispose" or "disposal" means to abandon, discharge, 
16release, deposit, inject, dump, spill, leak, or place 
17methamphetamine waste onto or into any land, water, or well of 
18any type so that the waste has the potential to enter the 
19environment, be emitted into the air, or be discharged into the 
20soil or any waters, including groundwater.

21 "Emergency response" means the act of collecting evidence 
22from or securing a methamphetamine laboratory site, 
23methamphetamine waste site or other methamphetamine-related 
24site and cleaning up the site, whether these actions are 
25performed by public entities or private contractors paid by 
26public entities.

 
 
HB4067- 170 -LRB101 15932 RLC 65292 b


1 "Emergency service provider" means a local, State, or 
2federal peace officer, firefighter, emergency medical 
3technician-ambulance, emergency
medical 
4technician-intermediate, emergency medical 
5technician-paramedic, ambulance driver, or other medical or 
6first aid personnel rendering aid, or any agent or designee of 
7the foregoing.

8 "Finished methamphetamine" means methamphetamine in a form 
9commonly used for personal consumption.
10 "Firearm" has the meaning provided in Section 2-7.5 of the 
11Criminal Code of 2012 1.1 of the Firearm Owners Identification 
12Card Act.

13 "Manufacture" means to produce, prepare, compound, 
14convert, process, synthesize, concentrate, purify, separate, 
15extract, or package any methamphetamine, methamphetamine 
16precursor, methamphetamine manufacturing catalyst, 
17methamphetamine manufacturing reagent, methamphetamine 
18manufacturing solvent, or any substance containing any of the 
19foregoing.

20 "Methamphetamine" means the chemical methamphetamine (a 
21Schedule II controlled substance under the Illinois Controlled 
22Substances Act) or any salt, optical isomer, salt of optical 
23isomer, or analog thereof, with the exception of 
243,4-Methylenedioxymethamphetamine (MDMA) or any other 
25scheduled substance with a separate listing under the Illinois 
26Controlled Substances Act.
 
 
HB4067- 171 -LRB101 15932 RLC 65292 b


1 "Methamphetamine manufacturing catalyst" means any 
2substance that has been used, is being used, or is intended to 
3be used to activate, accelerate, extend, or improve a chemical 
4reaction involved in the manufacture of methamphetamine.

5 "Methamphetamine manufacturing environment" means a 
6structure or vehicle in which:

7  (1) methamphetamine is being or has been manufactured;

8  (2) chemicals that are being used, have been used, or 
9 are intended to be used to manufacture methamphetamine are 
10 stored;

11  (3) methamphetamine manufacturing materials that have 
12 been used to manufacture methamphetamine are stored; or

13  (4) methamphetamine manufacturing waste is stored.

14 "Methamphetamine manufacturing material" means any 
15methamphetamine precursor, substance containing any 
16methamphetamine precursor, methamphetamine manufacturing 
17catalyst, substance containing any methamphetamine 
18manufacturing catalyst, methamphetamine manufacturing reagent, 
19substance containing any methamphetamine manufacturing 
20reagent, methamphetamine manufacturing solvent, substance 
21containing any methamphetamine manufacturing solvent, or any 
22other chemical, substance, ingredient, equipment, apparatus, 
23or item that is being used, has been used, or is intended to be 
24used in the manufacture of methamphetamine.

25 "Methamphetamine manufacturing reagent" means any 
26substance other than a methamphetamine manufacturing catalyst 
 
 
HB4067- 172 -LRB101 15932 RLC 65292 b


1that has been used, is being used, or is intended to be used to 
2react with and chemically alter any methamphetamine precursor.
3 "Methamphetamine manufacturing solvent" means any 
4substance that has been used, is being used, or is intended to 
5be used as a medium in which any methamphetamine precursor, 
6methamphetamine manufacturing catalyst, methamphetamine 
7manufacturing reagent, or any substance containing any of the 
8foregoing is dissolved, diluted, or washed during any part of 
9the methamphetamine manufacturing process.

10 "Methamphetamine manufacturing waste" means any chemical, 
11substance, ingredient, equipment, apparatus, or item that is 
12left over from, results from, or is produced by the process of 
13manufacturing methamphetamine, other than finished 
14methamphetamine.

15 "Methamphetamine precursor" means ephedrine, 
16pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
17phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
18isomer, or salt of an optical isomer of any of these chemicals.

19 "Multi-unit dwelling" means a unified structure used or 
20intended for use as a habitation, home, or residence that 
21contains 2 or more condominiums, apartments, hotel rooms, motel 
22rooms, or other living units.

23 "Package" means an item marked for retail sale that is not 
24designed to be further broken down or subdivided for the 
25purpose of retail sale.

26 "Participate" or "participation" in the manufacture of 
 
 
HB4067- 173 -LRB101 15932 RLC 65292 b


1methamphetamine means to produce, prepare, compound, convert, 
2process, synthesize, concentrate, purify, separate, extract, 
3or package any methamphetamine, methamphetamine precursor, 
4methamphetamine manufacturing catalyst, methamphetamine 
5manufacturing reagent, methamphetamine manufacturing solvent, 
6or any substance containing any of the foregoing, or to assist 
7in any of these actions, or to attempt to take any of these 
8actions, regardless of whether this action or these actions 
9result in the production of finished methamphetamine.

10 "Person with a disability" means a person who suffers from 
11a permanent physical or mental impairment resulting from 
12disease, injury, functional disorder, or congenital condition 
13which renders the person incapable of adequately providing for 
14his or her own health and personal care.

15 "Procure" means to purchase, steal, gather, or otherwise 
16obtain, by legal or illegal means, or to cause another to take 
17such action.

18 "Second or subsequent offense" means an offense under this 
19Act committed by an offender who previously committed an 
20offense under this Act, the Illinois Controlled Substances Act, 
21the Cannabis Control Act, or another Act of this State, another 
22state, or the United States relating to methamphetamine, 
23cannabis, or any other controlled substance.

24 "Standard dosage form", as used in relation to any 
25methamphetamine precursor, means that the methamphetamine 
26precursor is contained in a pill, tablet, capsule, caplet, gel 
 
 
HB4067- 174 -LRB101 15932 RLC 65292 b


1cap, or liquid cap that has been manufactured by a lawful 
2entity and contains a standard quantity of methamphetamine 
3precursor.

4 "Unauthorized container", as used in relation to anhydrous 
5ammonia, means any container that is not designed for the 
6specific and sole purpose of holding, storing, transporting, or 
7applying anhydrous ammonia. "Unauthorized container" includes, 
8but is not limited to, any propane tank, fire extinguisher, 
9oxygen cylinder, gasoline can, food or beverage cooler, or 
10compressed gas cylinder used in dispensing fountain drinks. 
11"Unauthorized container" does not encompass anhydrous ammonia 
12manufacturing plants, refrigeration systems
where anhydrous 
13ammonia is used solely as a refrigerant, anhydrous ammonia 
14transportation pipelines, anhydrous ammonia tankers, or 
15anhydrous ammonia barges.


16(Source: P.A. 97-434, eff. 1-1-12.)

17 Section 90. The Code of Criminal Procedure of 1963 is 
18amended by changing Sections 102-7.1, 110-10, 112A-11.1, 
19112A-11.2, 112A-14, and 112A-14.7 as follows:

20 (725 ILCS 5/102-7.1)
21 Sec. 102-7.1. "Category A offense". "Category A offense" 
22means a Class 1 felony, Class 2 felony, Class X felony, first 
23degree murder, a violation of Section 11-204 of the Illinois 
24Vehicle Code, a second or subsequent violation of Section 
 
 
HB4067- 175 -LRB101 15932 RLC 65292 b


111-501 of the Illinois Vehicle Code, a violation of subsection 
2(d) of Section 11-501 of the Illinois Vehicle Code, a violation 
3of Section 11-401 of the Illinois Vehicle Code if the accident 
4results in injury and the person failed to report the accident 
5within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 
610-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 
712-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 
812-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 
926.5-2, or 48-1 of the Criminal Code of 2012, a second or 
10subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
11of 2012, a violation of paragraph (5) or (6) of subsection (b) 
12of Section 10-9 of the Criminal Code of 2012, a violation of 
13subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
14of Section 11-1.50 of the Criminal Code of 2012, a violation of 
15Section 12-7 of the Criminal Code of 2012 if the defendant 
16inflicts bodily harm on the victim to obtain a confession, 
17statement, or information, a violation of Section 12-7.5 of the 
18Criminal Code of 2012 if the action results in bodily harm, a 
19violation of paragraph (3) of subsection (b) of Section 17-2 of 
20the Criminal Code of 2012, a violation of subdivision 
21(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
22violation of paragraph (6) of subsection (a) of Section 24-1 of 
23the Criminal Code of 2012, a first violation of Section 24-1.6 
24of the Criminal Code of 2012 by a person 18 years of age or 
25older where the factors listed in both items (A) and (C) or 
26both items (A-5) and (C) of paragraph (3) of subsection (a) of 
 
 
HB4067- 176 -LRB101 15932 RLC 65292 b


1Section 24-1.6 of the Criminal Code of 2012 are present, a 
2Class 3 felony violation of paragraph (1) of
subsection (a) of 
3Section 2 of the Firearm Owners Identification Card Act 
4committed before the effective date of this amendatory Act of 
5the 101st General Assembly, or a violation of Section 10 of the 
6Sex Offender Registration Act. 

7(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)



8 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



9 Sec. 110-10. Conditions of bail bond. 

10 (a) If a person is released prior to conviction, either 
11upon payment of
bail security or on his or her own 
12recognizance, the conditions of the bail
bond shall be that he 
13or she will:

14  (1) Appear to answer the charge in the court having 
15 jurisdiction on
a day certain and thereafter as ordered by 
16 the court until discharged or
final order of the court;

17  (2) Submit himself or herself to the orders and process 
18 of the court;

19  (3) Not depart this State without leave of the court;

20  (4) Not violate any criminal statute of any 
21 jurisdiction;

22  (5) At a time and place designated by the court, 
23 surrender all firearms
in his or her possession to a law 
24 enforcement officer designated by the court
to take custody 
25 of and impound the firearms
and physically
surrender his or 
 
 
HB4067- 177 -LRB101 15932 RLC 65292 b


1 her Firearm Owner's Identification Card to the clerk of the

2 circuit court
when the offense the person has
been charged 
3 with is a forcible felony, stalking, aggravated stalking, 
4 domestic
battery, any violation of the Illinois Controlled 
5 Substances Act, the Methamphetamine Control and Community 
6 Protection Act, or the
Cannabis Control Act that is 
7 classified as a Class 2 or greater felony, or any
felony 
8 violation of Article 24 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012; the court
may,
however, forgo the 
10 imposition of this condition when the
circumstances of the

11 case clearly do not warrant it or when its imposition would 
12 be
impractical;
if the Firearm Owner's Identification Card 
13 is confiscated, the clerk of the circuit court shall mail 
14 the confiscated card to the Illinois State Police; all 
15 legally possessed firearms shall be returned to the person 
16 upon
the charges being dismissed, or if the person is found 
17 not guilty, unless the
finding of not guilty is by reason 
18 of insanity; and

19  (6) At a time and place designated by the court, submit 
20 to a
psychological
evaluation when the person has been 
21 charged with a violation of item (4) of
subsection
(a) of 
22 Section 24-1 of the Criminal Code of 1961 or the Criminal 
23 Code of 2012 and that violation occurred in
a school
or in 
24 any conveyance owned, leased, or contracted by a school to 
25 transport
students to or
from school or a school-related 
26 activity, or on any public way within 1,000
feet of real

 
 
HB4067- 178 -LRB101 15932 RLC 65292 b


1 property comprising any school.

2 Psychological evaluations ordered pursuant to this Section 
3shall be completed
promptly
and made available to the State, 
4the defendant, and the court. As a further
condition of bail 
5under
these circumstances, the court shall order the defendant 
6to refrain from
entering upon the
property of the school, 
7including any conveyance owned, leased, or contracted
by a 
8school to
transport students to or from school or a 
9school-related activity, or on any public way within
1,000 feet 
10of real property comprising any school. Upon receipt of the 
11psychological evaluation,
either the State or the defendant may 
12request a change in the conditions of bail, pursuant to
Section 
13110-6 of this Code. The court may change the conditions of bail 
14to include a
requirement that the defendant follow the 
15recommendations of the psychological evaluation,
including 
16undergoing psychiatric treatment. The conclusions of the

17psychological evaluation and
any statements elicited from the 
18defendant during its administration are not
admissible as 
19evidence
of guilt during the course of any trial on the charged 
20offense, unless the
defendant places his or her
mental 
21competency in issue.

22 (b) The court may impose other conditions, such as the 
23following, if the
court finds that such conditions are 
24reasonably necessary to assure the
defendant's appearance in 
25court, protect the public from the defendant, or
prevent the 
26defendant's unlawful interference with the orderly 
 
 
HB4067- 179 -LRB101 15932 RLC 65292 b


1administration
of justice:

2  (1) Report to or appear in person before such person or 
3 agency as the
court may direct;

4  (2) Refrain from possessing a firearm or other 
5 dangerous weapon;

6  (3) Refrain from approaching or communicating with 
7 particular persons or
classes of persons;

8  (4) Refrain from going to certain described 
9 geographical areas or
premises;

10  (5) Refrain from engaging in certain activities or 
11 indulging in
intoxicating liquors or in certain drugs;

12  (6) Undergo treatment for drug addiction or 
13 alcoholism;

14  (7) Undergo medical or psychiatric treatment;

15  (8) Work or pursue a course of study or vocational 
16 training;

17  (9) Attend or reside in a facility designated by the 
18 court;

19  (10) Support his or her dependents;

20  (11) If a minor resides with his or her parents or in a 
21 foster home,
attend school, attend a non-residential 
22 program for youths, and contribute
to his or her own 
23 support at home or in a foster home;

24  (12) Observe any curfew ordered by the court;

25  (13) Remain in the custody of such designated person or 
26 organization
agreeing to supervise his release. Such third 
 
 
HB4067- 180 -LRB101 15932 RLC 65292 b


1 party custodian shall be
responsible for notifying the 
2 court if the defendant fails to observe the
conditions of 
3 release which the custodian has agreed to monitor, and 
4 shall
be subject to contempt of court for failure so to 
5 notify the court;

6  (14) Be placed under direct supervision of the Pretrial 
7 Services
Agency, Probation Department or Court Services 
8 Department in a pretrial
bond home supervision capacity 
9 with or without the use of an approved
electronic 
10 monitoring device subject to Article 8A of Chapter V of the

11 Unified Code of Corrections;

12  (14.1) The court shall impose upon a defendant who is 
13 charged with any
alcohol, cannabis, methamphetamine, or 
14 controlled substance violation and is placed under
direct 
15 supervision of the Pretrial Services Agency, Probation 
16 Department or
Court Services Department in a pretrial bond 
17 home supervision capacity with
the use of an approved 
18 monitoring device, as a condition of such bail bond,
a fee 
19 that represents costs incidental to the electronic 
20 monitoring for each
day of such bail supervision ordered by 
21 the
court, unless after determining the inability of the 
22 defendant to pay the
fee, the court assesses a lesser fee 
23 or no fee as the case may be. The fee
shall be collected by 
24 the clerk of the circuit court, except as provided in an 
25 administrative order of the Chief Judge of the circuit 
26 court. The clerk of the
circuit court shall pay all monies 
 
 
HB4067- 181 -LRB101 15932 RLC 65292 b


1 collected from this fee to the county
treasurer for deposit 
2 in the substance abuse services fund under Section
5-1086.1 
3 of the Counties Code, except as provided in an 
4 administrative order of the Chief Judge of the circuit 
5 court.
6  The Chief Judge of the circuit court of the county may 
7 by administrative order establish a program for electronic 
8 monitoring of offenders with regard to drug-related and 
9 alcohol-related offenses, in which a vendor supplies and 
10 monitors the operation of the electronic monitoring 
11 device, and collects the fees on behalf of the county. The 
12 program shall include provisions for indigent offenders 
13 and the collection of unpaid fees. The program shall not 
14 unduly burden the offender and shall be subject to review 
15 by the Chief Judge.
16  The Chief Judge of the circuit court may suspend any 
17 additional charges or fees for late payment, interest, or 
18 damage to any device;

19  (14.2) The court shall impose upon all defendants, 
20 including those
defendants subject to paragraph (14.1) 
21 above, placed under direct supervision
of the Pretrial 
22 Services Agency, Probation Department or Court Services

23 Department in a pretrial bond home supervision capacity 
24 with the use of an
approved monitoring device, as a 
25 condition of such bail bond, a fee
which shall represent 
26 costs incidental to such
electronic monitoring for each day 
 
 
HB4067- 182 -LRB101 15932 RLC 65292 b


1 of such bail supervision ordered by the
court, unless after 
2 determining the inability of the defendant to pay the fee,

3 the court assesses a lesser fee or no fee as the case may 
4 be. The fee shall be
collected by the clerk of the circuit 
5 court, except as provided in an administrative order of the 
6 Chief Judge of the circuit court. The clerk of the circuit 
7 court
shall pay all monies collected from this fee to the 
8 county treasurer who shall
use the monies collected to 
9 defray the costs of corrections. The county
treasurer shall 
10 deposit the fee collected in the county working cash fund 
11 under
Section 6-27001 or Section 6-29002 of the Counties 
12 Code, as the case may
be, except as provided in an 
13 administrative order of the Chief Judge of the circuit 
14 court.
15  The Chief Judge of the circuit court of the county may 
16 by administrative order establish a program for electronic 
17 monitoring of offenders with regard to drug-related and 
18 alcohol-related offenses, in which a vendor supplies and 
19 monitors the operation of the electronic monitoring 
20 device, and collects the fees on behalf of the county. The 
21 program shall include provisions for indigent offenders 
22 and the collection of unpaid fees. The program shall not 
23 unduly burden the offender and shall be subject to review 
24 by the Chief Judge.
25  The Chief Judge of the circuit court may suspend any 
26 additional charges or fees for late payment, interest, or 
 
 
HB4067- 183 -LRB101 15932 RLC 65292 b


1 damage to any device;

2  (14.3) The Chief Judge of the Judicial Circuit may 
3 establish reasonable
fees to be paid by a person receiving 
4 pretrial services while under supervision
of a pretrial 
5 services agency, probation department, or court services

6 department. Reasonable fees may be charged for pretrial 
7 services
including, but not limited to, pretrial 
8 supervision, diversion programs,
electronic monitoring, 
9 victim impact services, drug and alcohol testing, DNA 
10 testing, GPS electronic monitoring, assessments and 
11 evaluations related to domestic violence and other 
12 victims, and
victim mediation services. The person 
13 receiving pretrial services may be
ordered to pay all costs 
14 incidental to pretrial services in accordance with his
or 
15 her ability to pay those costs;

16  (14.4) For persons charged with violating Section 
17 11-501 of the Illinois
Vehicle Code, refrain from operating 
18 a motor vehicle not equipped with an
ignition interlock 
19 device, as defined in Section 1-129.1 of the Illinois

20 Vehicle Code,
pursuant to the rules promulgated by the 
21 Secretary of State for the
installation of ignition

22 interlock devices. Under this condition the court may allow 
23 a defendant who is
not
self-employed to operate a vehicle 
24 owned by the defendant's employer that is
not equipped with 
25 an ignition interlock device in the course and scope of the

26 defendant's employment;

 
 
HB4067- 184 -LRB101 15932 RLC 65292 b


1  (15) Comply with the terms and conditions of an order 
2 of protection
issued by the court under the Illinois 
3 Domestic Violence Act of 1986 or an
order of protection 
4 issued by the court of another state, tribe, or United

5 States territory;

6  (16) Under Section 110-6.5 comply with the conditions 
7 of the drug testing
program; and

8  (17) Such other reasonable conditions as the court may 
9 impose.

10 (c) When a person is charged with an offense under Section 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

1212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
13Criminal Code of 2012, involving a victim who is a
minor under 
1418 years of age living in the same household with the defendant

15at the time of the offense, in granting bail or releasing the 
16defendant on
his own recognizance, the judge shall impose 
17conditions to restrict the
defendant's access to the victim 
18which may include, but are not limited to
conditions that he 
19will:

20  1. Vacate the household.

21  2. Make payment of temporary support to his dependents.

22  3. Refrain from contact or communication with the child 
23 victim, except
as ordered by the court.

24 (d) When a person is charged with a criminal offense and 
25the victim is
a family or household member as defined in 
26Article 112A, conditions shall
be imposed at the time of the 
 
 
HB4067- 185 -LRB101 15932 RLC 65292 b


1defendant's release on bond that restrict the
defendant's 
2access to the victim.
Unless provided otherwise by the court, 
3the
restrictions shall include
requirements that the defendant 
4do the following:

5  (1) refrain from contact or communication with the 
6 victim for a
minimum period of 72 hours following the 
7 defendant's release; and

8  (2) refrain from entering or remaining at the victim's 
9 residence for a
minimum period of 72 hours following the 
10 defendant's release.

11 (e) Local law enforcement agencies shall develop 
12standardized bond forms
for use in cases involving family or 
13household members as defined in
Article 112A, including 
14specific conditions of bond as provided in
subsection (d). 
15Failure of any law enforcement department to develop or use

16those forms shall in no way limit the applicability and 
17enforcement of
subsections (d) and (f).

18 (f) If the defendant is admitted to bail after conviction 
19the
conditions of the bail bond shall be that he will, in 
20addition to the
conditions set forth in subsections (a) and (b) 
21hereof:

22  (1) Duly prosecute his appeal;

23  (2) Appear at such time and place as the court may 
24 direct;

25  (3) Not depart this State without leave of the court;

26  (4) Comply with such other reasonable conditions as the 
 
 
HB4067- 186 -LRB101 15932 RLC 65292 b


1 court may
impose; and

2  (5) If the judgment is affirmed or the cause reversed 
3 and remanded
for a new trial, forthwith surrender to the 
4 officer from whose custody
he was bailed.

5 (g) Upon a finding of guilty for any felony offense, the 
6defendant shall
physically surrender, at a time and place 
7designated by the court,
any and all firearms in his or her 
8possession and his or her Firearm Owner's
Identification Card 
9as a condition of remaining on bond pending sentencing.

10 (h) In the event the defendant is unable to post bond, the 
11court may impose a no contact provision with the victim or 
12other interested party that shall be enforced while the 
13defendant remains in custody. 
14(Source: P.A. 101-138, eff. 1-1-20.)


15 (725 ILCS 5/112A-11.1)
16 Sec. 112A-11.1. Procedure for determining whether certain 
17misdemeanor crimes
are crimes of domestic violence for purposes 
18of federal
law.
19 (a) When a defendant has been charged with a violation of 
20Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
21Criminal Code of 1961 or the Criminal Code of 2012, the State 
22may, at arraignment or no later than 45 days after arraignment, 
23for the purpose of notification to the Department of State 
24Police Firearm Owner's Identification Card Office, serve on the 
25defendant and file with the court a notice alleging that 
 
 
HB4067- 187 -LRB101 15932 RLC 65292 b


1conviction of the offense would subject the defendant to the 
2prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
3between the defendant and the alleged victim and the nature of 
4the alleged offense.
5 (b) The notice shall include the name of the person alleged 
6to be the victim of the crime and shall specify the nature of 
7the alleged relationship as set forth in 18 U.S.C. 
8921(a)(33)(A)(ii). It shall also specify the element of the 
9charged offense which requires the use or attempted use of 
10physical force, or the threatened use of a deadly weapon, as 
11set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
12notice that the defendant is entitled to a hearing on the 
13allegation contained in the notice and that if the allegation 
14is sustained, that determination and conviction shall be 
15reported to the Department of State Police Firearm Owner's 
16Identification Card Office.
17 (c) After having been notified as provided in subsection 
18(b) of this Section, the defendant may stipulate or admit, 
19orally on the record or in writing, that conviction of the 
20offense would subject the defendant to the prohibitions of 18 
21U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
22922(g)(9) shall be deemed established for purposes of Section 
23112A-11.2. If the defendant denies the applicability of 18 
24U.S.C. 922(g)(9) as alleged in the notice served by the State, 
25or stands mute with respect to that allegation, then the State 
26shall bear the burden to prove beyond a reasonable doubt that 
 
 
HB4067- 188 -LRB101 15932 RLC 65292 b


1the offense is one to which the prohibitions of 18 U.S.C. 
2922(g)(9) apply. The court may consider reliable hearsay 
3evidence submitted by either party provided that it is relevant 
4to the determination of the allegation. Facts previously proven 
5at trial or elicited at the time of entry of a plea of guilty 
6shall be deemed established beyond a reasonable doubt and shall 
7not be relitigated. At the conclusion of the hearing, or upon a 
8stipulation or admission, as applicable, the court shall make a 
9specific written determination with respect to the allegation.

10(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

11 (725 ILCS 5/112A-11.2)
12 Sec. 112A-11.2. Notification to the Department of State 
13Police Firearm Owner's Identification Card Office of

14determinations in certain misdemeanor cases. Upon judgment of 
15conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
1612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
17Code of 2012 when the defendant has been determined, under 
18Section 112A-11.1, to be subject to the prohibitions of 18 
19U.S.C. 922(g)(9), the circuit court clerk shall include 
20notification and a copy of the written determination in a 
21report of the conviction to the Department of State Police 
22Firearm Owner's Identification Card Office to enable the office 
23to report that determination to the Federal Bureau of 
24Investigation and assist the Bureau in identifying persons 
25prohibited from purchasing and possessing a firearm pursuant to 
 
 
HB4067- 189 -LRB101 15932 RLC 65292 b


1the provisions of 18 U.S.C. 922.

2(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)



3 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


4 Sec. 112A-14. Domestic violence order of protection; 
5remedies. 

6 (a) (Blank).

7 (b) The court may order any of the remedies listed in this 
8subsection (b).
The remedies listed in this subsection (b) 
9shall be in addition to other civil
or criminal remedies 
10available to petitioner.

11  (1) Prohibition of abuse. Prohibit respondent's 
12 harassment,
interference with personal liberty, 
13 intimidation of a dependent, physical
abuse, or willful 
14 deprivation, as defined in this Article, if such abuse has

15 occurred or otherwise appears likely to occur if not 
16 prohibited.

17  (2) Grant of exclusive possession of residence. 
18 Prohibit respondent
from entering or remaining in any 
19 residence, household, or premises of the petitioner,

20 including one owned or leased by respondent, if petitioner 
21 has a right
to occupancy thereof. The grant of exclusive 
22 possession of the residence, household, or premises
shall 
23 not affect title to real property, nor shall the court be 
24 limited by
the standard set forth in subsection (c-2) of 
25 Section 501 of the Illinois Marriage and
Dissolution of 
 
 
HB4067- 190 -LRB101 15932 RLC 65292 b


1 Marriage Act.

2   (A) Right to occupancy. A party has a right to 
3 occupancy of a
residence or household if it is
solely 
4 or jointly owned or leased by that party, that party's 
5 spouse, a
person with a legal duty to support that 
6 party or a minor child in that
party's care, or by any 
7 person or entity other than the opposing party that

8 authorizes that party's occupancy (e.g., a domestic 
9 violence shelter).
Standards set forth in subparagraph 
10 (B) shall not preclude equitable relief.

11   (B) Presumption of hardships. If petitioner and 
12 respondent
each has the right to occupancy of a 
13 residence or household, the court
shall balance (i) the 
14 hardships to respondent and any minor child or

15 dependent adult in respondent's care resulting from 
16 entry of this remedy with (ii)
the hardships to 
17 petitioner and any minor child or dependent adult in

18 petitioner's care resulting from continued exposure to 
19 the risk of abuse (should
petitioner remain at the 
20 residence or household) or from loss of possession
of 
21 the residence or household (should petitioner leave to 
22 avoid the risk
of abuse). When determining the balance 
23 of hardships, the court shall also
take into account 
24 the accessibility of the residence or household.

25 Hardships need not be balanced if respondent does not 
26 have a right to occupancy.

 
 
HB4067- 191 -LRB101 15932 RLC 65292 b


1   The balance of hardships is presumed to favor 
2 possession by
petitioner unless the presumption is 
3 rebutted by a preponderance of the
evidence, showing 
4 that the hardships to respondent substantially 
5 outweigh
the hardships to petitioner and any minor 
6 child or dependent adult in petitioner's
care. The 
7 court, on the request of petitioner or on its own 
8 motion,
may order respondent to provide suitable, 
9 accessible, alternate housing
for petitioner instead 
10 of
excluding respondent from a mutual residence or 
11 household.

12  (3) Stay away order and additional prohibitions.
Order 
13 respondent to stay away from petitioner or any other person

14 protected by the domestic violence order of protection, or 
15 prohibit respondent from entering
or remaining present at 
16 petitioner's school, place of employment, or other

17 specified places at times when petitioner is present, or 
18 both, if
reasonable, given
the balance of hardships. 
19 Hardships need not be balanced for the court
to enter a 
20 stay away order or prohibit entry
if respondent has no 
21 right to enter the premises.

22   (A) If a domestic violence order of protection 
23 grants petitioner exclusive possession
of the 
24 residence, prohibits respondent from entering the 
25 residence,
or orders respondent to stay away from 
26 petitioner or other
protected persons, then the court 
 
 
HB4067- 192 -LRB101 15932 RLC 65292 b


1 may allow respondent access to the
residence to remove 
2 items of clothing and personal adornment
used 
3 exclusively by respondent, medications, and other 
4 items as the court directs.
The right to access shall 
5 be exercised on only one occasion as the court directs

6 and in the presence of an agreed-upon adult third party 
7 or law enforcement officer.

8   (B) When the petitioner and the respondent attend 
9 the same public, private, or non-public elementary, 
10 middle, or high school, the court when issuing a 
11 domestic violence order of protection and providing 
12 relief shall consider the severity of the act, any 
13 continuing physical danger or emotional distress to 
14 the petitioner, the educational rights guaranteed to 
15 the petitioner and respondent under federal and State 
16 law, the availability of a transfer of the respondent 
17 to another school, a change of placement or a change of 
18 program of the respondent, the expense, difficulty, 
19 and educational disruption that would be caused by a 
20 transfer of the respondent to another school, and any 
21 other relevant facts of the case. The court may order 
22 that the respondent not attend the public, private, or 
23 non-public elementary, middle, or high school attended 
24 by the petitioner, order that the respondent accept a 
25 change of placement or change of program, as determined 
26 by the school district or private or non-public school, 
 
 
HB4067- 193 -LRB101 15932 RLC 65292 b


1 or place restrictions on the respondent's movements 
2 within the school attended by the petitioner. The 
3 respondent bears the burden of proving by a 
4 preponderance of the evidence that a transfer, change 
5 of placement, or change of program of the respondent is 
6 not available. The respondent also bears the burden of 
7 production with respect to the expense, difficulty, 
8 and educational disruption that would be caused by a 
9 transfer of the respondent to another school. A 
10 transfer, change of placement, or change of program is 
11 not unavailable to the respondent solely on the ground 
12 that the respondent does not agree with the school 
13 district's or private or non-public school's transfer, 
14 change of placement, or change of program or solely on 
15 the ground that the respondent fails or refuses to 
16 consent or otherwise does not take an action required 
17 to effectuate a transfer, change of placement, or 
18 change of program. When a court orders a respondent to 
19 stay away from the public, private, or non-public 
20 school attended by the petitioner and the respondent 
21 requests a transfer to another attendance center 
22 within the respondent's school district or private or 
23 non-public school, the school district or private or 
24 non-public school shall have sole discretion to 
25 determine the attendance center to which the 
26 respondent is transferred. If the court order results 
 
 
HB4067- 194 -LRB101 15932 RLC 65292 b


1 in a transfer of the minor respondent to another 
2 attendance center, a change in the respondent's 
3 placement, or a change of the respondent's program, the 
4 parents, guardian, or legal custodian of the 
5 respondent is responsible for transportation and other 
6 costs associated with the transfer or change.
7   (C) The court may order the parents, guardian, or 
8 legal custodian of a minor respondent to take certain 
9 actions or to refrain from taking certain actions to 
10 ensure that the respondent complies with the order. If 
11 the court orders a transfer of the respondent to 
12 another school, the parents, guardian, or legal 
13 custodian of the respondent is responsible for 
14 transportation and other costs associated with the 
15 change of school by the respondent. 
16  (4) Counseling. Require or recommend the respondent to 
17 undergo
counseling for a specified duration with a social 
18 worker, psychologist,
clinical psychologist, psychiatrist, 
19 family service agency, alcohol or
substance abuse program, 
20 mental health center guidance counselor, agency
providing 
21 services to elders, program designed for domestic violence

22 abusers, or any other guidance service the court deems 
23 appropriate. The court may order the respondent in any 
24 intimate partner relationship to report to an Illinois 
25 Department of Human Services protocol approved partner 
26 abuse intervention program for an assessment and to follow 
 
 
HB4067- 195 -LRB101 15932 RLC 65292 b


1 all recommended treatment. 

2  (5) Physical care and possession of the minor child. In 
3 order to protect
the minor child from abuse, neglect, or 
4 unwarranted separation from the person
who has been the 
5 minor child's primary caretaker, or to otherwise protect 
6 the
well-being of the minor child, the court may do either 
7 or both of the following:
(i) grant petitioner physical 
8 care or possession of the minor child, or both, or
(ii) 
9 order respondent to return a minor child to, or not remove 
10 a minor child
from, the physical care of a parent or person 
11 in loco parentis.

12  If the respondent is charged with abuse
(as defined in 
13 Section 112A-3 of this Code) of a minor child, there shall 
14 be a
rebuttable presumption that awarding physical care to 
15 respondent would not
be in the minor child's best interest.

16  (6) Temporary allocation of parental responsibilities 
17 and significant decision-making responsibilities.
Award 
18 temporary significant decision-making responsibility to 
19 petitioner in accordance with this Section,
the Illinois 
20 Marriage
and Dissolution of Marriage Act, the Illinois 
21 Parentage Act of 2015,
and this State's Uniform 
22 Child-Custody
Jurisdiction and Enforcement Act. 

23  If the respondent
is charged with abuse (as defined in 
24 Section 112A-3 of this Code) of a
minor child, there shall 
25 be a rebuttable presumption that awarding
temporary 
26 significant decision-making responsibility to respondent 
 
 
HB4067- 196 -LRB101 15932 RLC 65292 b


1 would not be in the
child's best interest.

2  (7) Parenting time. Determine the parenting time, if 
3 any, of respondent in any case in which the court
awards 
4 physical care or temporary significant decision-making 
5 responsibility of a minor child to
petitioner. The court 
6 shall restrict or deny respondent's parenting time with
a 
7 minor child if
the court finds that respondent has done or 
8 is likely to do any of the
following:
9   (i) abuse or endanger the minor child during 
10 parenting time;
11   (ii) use the parenting time
as an opportunity to 
12 abuse or harass petitioner or
petitioner's family or 
13 household members;
14   (iii) improperly conceal or
detain the minor 
15 child; or
16   (iv) otherwise act in a manner that is not in
the 
17 best interests of the minor child. 
18  The court shall not be limited by the
standards set 
19 forth in Section 603.10 of the Illinois Marriage and

20 Dissolution of Marriage Act. If the court grants parenting 
21 time, the order
shall specify dates and times for the 
22 parenting time to take place or other
specific parameters 
23 or conditions that are appropriate. No order for parenting 
24 time
shall refer merely to the term "reasonable parenting 
25 time". Petitioner may deny respondent access to the minor 
26 child if, when
respondent arrives for parenting time, 
 
 
HB4067- 197 -LRB101 15932 RLC 65292 b


1 respondent is under the influence of drugs
or alcohol and 
2 constitutes a threat to the safety and well-being of

3 petitioner or petitioner's minor children or is behaving in 
4 a violent or abusive manner. If necessary to protect any 
5 member of petitioner's family or
household from future 
6 abuse, respondent shall be prohibited from coming to

7 petitioner's residence to meet the minor child for 
8 parenting time, and the petitioner and respondent
shall 
9 submit to the court their recommendations for reasonable

10 alternative arrangements for parenting time. A person may 
11 be approved to
supervise parenting time only after filing 
12 an affidavit accepting
that responsibility and 
13 acknowledging accountability to the court.

14  (8) Removal or concealment of minor child.
Prohibit 
15 respondent from
removing a minor child from the State or 
16 concealing the child within the
State.

17  (9) Order to appear. Order the respondent to
appear in 
18 court, alone
or with a minor child, to prevent abuse, 
19 neglect, removal or concealment of
the child, to return the 
20 child to the custody or care of the petitioner, or
to 
21 permit any court-ordered interview or examination of the 
22 child or the
respondent.

23  (10) Possession of personal property. Grant petitioner 
24 exclusive
possession of personal property and, if 
25 respondent has possession or
control, direct respondent to 
26 promptly make it available to petitioner, if:

 
 
HB4067- 198 -LRB101 15932 RLC 65292 b


1   (i) petitioner, but not respondent, owns the 
2 property; or

3   (ii) the petitioner and respondent own the 
4 property jointly; sharing it would risk
abuse of 
5 petitioner by respondent or is impracticable; and the 
6 balance of
hardships favors temporary possession by 
7 petitioner.

8  If petitioner's sole claim to ownership of the property 
9 is that it is
marital property, the court may award 
10 petitioner temporary possession
thereof under the 
11 standards of subparagraph (ii) of this paragraph only if
a 
12 proper proceeding has been filed under the Illinois 
13 Marriage and
Dissolution of Marriage Act, as now or 
14 hereafter amended.

15  No order under this provision shall affect title to 
16 property.

17  (11) Protection of property. Forbid the respondent 
18 from taking,
transferring, encumbering, concealing, 
19 damaging, or otherwise disposing of
any real or personal 
20 property, except as explicitly authorized by the
court, if:

21   (i) petitioner, but not respondent, owns the 
22 property; or

23   (ii) the petitioner and respondent own the 
24 property jointly,
and the balance of hardships favors 
25 granting this remedy.

26  If petitioner's sole claim to ownership of the property 
 
 
HB4067- 199 -LRB101 15932 RLC 65292 b


1 is that it is
marital property, the court may grant 
2 petitioner relief under subparagraph
(ii) of this 
3 paragraph only if a proper proceeding has been filed under 
4 the
Illinois Marriage and Dissolution of Marriage Act, as 
5 now or hereafter amended.

6  The court may further prohibit respondent from 
7 improperly using the
financial or other resources of an 
8 aged member of the family or household
for the profit or 
9 advantage of respondent or of any other person.

10  (11.5) Protection of animals. Grant the petitioner the 
11 exclusive care, custody, or control of any animal owned, 
12 possessed, leased, kept, or held by either the petitioner 
13 or the respondent or a minor child residing in the 
14 residence or household of either the petitioner or the 
15 respondent and order the respondent to stay away from the 
16 animal and forbid the respondent from taking, 
17 transferring, encumbering, concealing, harming, or 
18 otherwise disposing of the animal.

19  (12) Order for payment of support. Order
respondent to 
20 pay temporary
support for the petitioner or any child in 
21 the petitioner's care or over whom the petitioner has been 
22 allocated parental responsibility, when the respondent has 
23 a legal obligation to support that person,
in accordance 
24 with the Illinois Marriage and Dissolution
of Marriage Act, 
25 which shall govern, among other matters, the amount of

26 support, payment through the clerk and withholding of 
 
 
HB4067- 200 -LRB101 15932 RLC 65292 b


1 income to secure
payment. An order for child support may be 
2 granted to a petitioner with
lawful physical care of a 
3 child, or an order or agreement for
physical care of a 
4 child, prior to entry of an order allocating significant 
5 decision-making responsibility.
Such a support order shall 
6 expire upon entry of a valid order allocating parental 
7 responsibility differently and vacating petitioner's 
8 significant decision-making responsibility unless 
9 otherwise provided in the order.

10  (13) Order for payment of losses. Order
respondent to 
11 pay petitioner
for losses suffered as a direct result of 
12 the abuse. Such losses shall
include, but not be limited 
13 to, medical expenses, lost earnings or other
support, 
14 repair or replacement of property damaged or taken, 
15 reasonable
attorney's fees, court costs, and moving or 
16 other travel expenses, including
additional reasonable 
17 expenses for temporary shelter and restaurant meals.

18   (i) Losses affecting family needs. If a party is 
19 entitled to seek
maintenance, child support, or 
20 property distribution from the other party
under the 
21 Illinois Marriage and Dissolution of Marriage Act, as 
22 now or
hereafter amended, the court may order 
23 respondent to reimburse petitioner's
actual losses, to 
24 the extent that such reimbursement would be 
25 "appropriate
temporary relief", as authorized by 
26 subsection (a)(3) of
Section 501 of that Act.

 
 
HB4067- 201 -LRB101 15932 RLC 65292 b


1   (ii) Recovery of expenses. In the case of an 
2 improper concealment
or removal of a minor child, the 
3 court may order respondent to pay the reasonable

4 expenses incurred or to be incurred in the search for 
5 and recovery of the
minor child, including, but not 
6 limited to, legal fees, court costs, private

7 investigator fees, and travel costs.

8  (14) Prohibition of entry. Prohibit the respondent 
9 from entering or
remaining in the residence or household 
10 while the respondent is under the
influence of alcohol or 
11 drugs and constitutes a threat to the safety and
well-being 
12 of the petitioner or the petitioner's children.

13  (14.5) Prohibition of firearm possession. 
14   (A) A person who is subject to an existing domestic 
15 violence order of protection issued under this Code may 
16 not lawfully possess firearms, stun guns, or tasers 
17 weapons under Section 8.2 of the Firearm Owners 
18 Identification Card Act.
19   (B) Any firearms in the
possession of the 
20 respondent, except as provided in subparagraph (C) of 
21 this paragraph (14.5), shall be ordered by the court to 
22 be turned
over to a person who is not prohibited under 
23 State or federal law from possessing firearms with a 
24 valid Firearm Owner's Identification Card for 
25 safekeeping. The court shall issue an order that the 
26 respondent's Firearm Owner's Identification Card be 
 
 
HB4067- 202 -LRB101 15932 RLC 65292 b


1 turned over to the local law enforcement agency, which 
2 in turn shall immediately mail the card to the 
3 Department of State Police Firearm Owner's 
4 Identification Card Office for safekeeping.
The period 
5 of safekeeping shall be for the duration of the 
6 domestic violence order of protection. The firearm or 
7 firearms and Firearm Owner's Identification Card, if 
8 unexpired, shall at the respondent's request be 
9 returned to the respondent at expiration of the 
10 domestic violence order of protection.

11   (C) If the respondent is a peace officer as defined 
12 in Section 2-13 of
the
Criminal Code of 2012, the court 
13 shall order that any firearms used by the
respondent in 
14 the performance of his or her duties as a
peace officer 
15 be surrendered to
the chief law enforcement executive 
16 of the agency in which the respondent is
employed, who 
17 shall retain the firearms for safekeeping for the 
18 duration of the domestic violence order of protection.

19   (D) Upon expiration of the period of safekeeping, 
20 if the firearms or Firearm Owner's Identification Card 
21 cannot be returned to respondent because respondent 
22 cannot be located, fails to respond to requests to 
23 retrieve the firearms, or is not lawfully eligible to 
24 possess a firearm, upon petition from the local law 
25 enforcement agency, the court may order the local law 
26 enforcement agency to destroy the firearms, use the 
 
 
HB4067- 203 -LRB101 15932 RLC 65292 b


1 firearms for training purposes, or for any other 
2 application as deemed appropriate by the local law 
3 enforcement agency; or that the firearms be turned over 
4 to a third party who is lawfully eligible to possess 
5 firearms, and who does not reside with respondent. 
6  (15) Prohibition of access to records. If a domestic 
7 violence order of protection
prohibits respondent from 
8 having contact with the minor child,
or if petitioner's 
9 address is omitted under subsection (b) of
Section 112A-5 
10 of this Code, or if necessary to prevent abuse or wrongful 
11 removal or
concealment of a minor child, the order shall 
12 deny respondent access to, and
prohibit respondent from 
13 inspecting, obtaining, or attempting to
inspect or obtain, 
14 school or any other records of the minor child
who is in 
15 the care of petitioner.

16  (16) Order for payment of shelter services. Order 
17 respondent to
reimburse a shelter providing temporary 
18 housing and counseling services to
the petitioner for the 
19 cost of the services, as certified by the shelter
and 
20 deemed reasonable by the court.

21  (17) Order for injunctive relief. Enter injunctive 
22 relief necessary
or appropriate to prevent further abuse of 
23 a family or household member or
to effectuate one of the 
24 granted remedies, if supported by the balance of
hardships. 
25 If the harm to be prevented by the injunction is abuse or 
26 any
other harm that one of the remedies listed in 
 
 
HB4067- 204 -LRB101 15932 RLC 65292 b


1 paragraphs (1) through (16)
of this subsection is designed 
2 to prevent, no further evidence is necessary
to establish 
3 that the harm is an irreparable injury.

4  (18) Telephone services.
5   (A) Unless a condition described in subparagraph 
6 (B) of this paragraph exists, the court may, upon 
7 request by the petitioner, order a wireless telephone 
8 service provider to transfer to the petitioner the 
9 right to continue to use a telephone number or numbers 
10 indicated by the petitioner and the financial 
11 responsibility associated with the number or numbers, 
12 as set forth in subparagraph (C) of this paragraph. In 
13 this paragraph (18), the term "wireless telephone 
14 service provider" means a provider of commercial 
15 mobile service as defined in 47 U.S.C. 332. The 
16 petitioner may request the transfer of each telephone 
17 number that the petitioner, or a minor child in his or 
18 her custody, uses. The clerk of the court shall serve 
19 the order on the wireless telephone service provider's 
20 agent for service of process provided to the Illinois 
21 Commerce Commission. The order shall contain all of the 
22 following: 
23    (i) The name and billing telephone number of 
24 the account holder including the name of the 
25 wireless telephone service provider that serves 
26 the account.
 
 
HB4067- 205 -LRB101 15932 RLC 65292 b


1    (ii) Each telephone number that will be 
2 transferred.
3    (iii) A statement that the provider transfers 
4 to the petitioner all financial responsibility for 
5 and right to the use of any telephone number 
6 transferred under this paragraph.
7   (B) A wireless telephone service provider shall 
8 terminate the respondent's use of, and shall transfer 
9 to the petitioner use of, the telephone number or 
10 numbers indicated in subparagraph (A) of this 
11 paragraph unless it notifies the petitioner, within 72 
12 hours after it receives the order, that one of the 
13 following applies:
14    (i) The account holder named in the order has 
15 terminated the account.
16    (ii) A difference in network technology would 
17 prevent or impair the functionality of a device on 
18 a network if the transfer occurs.
19    (iii) The transfer would cause a geographic or 
20 other limitation on network or service provision 
21 to the petitioner.
22    (iv) Another technological or operational 
23 issue would prevent or impair the use of the 
24 telephone number if the transfer occurs.
25   (C) The petitioner assumes all financial 
26 responsibility for and right to the use of any 
 
 
HB4067- 206 -LRB101 15932 RLC 65292 b


1 telephone number transferred under this paragraph. In 
2 this paragraph, "financial responsibility" includes 
3 monthly service costs and costs associated with any 
4 mobile device associated with the number.
5   (D) A wireless telephone service provider may 
6 apply to the petitioner its routine and customary 
7 requirements for establishing an account or 
8 transferring a number, including requiring the 
9 petitioner to provide proof of identification, 
10 financial information, and customer preferences.

11   (E) Except for willful or wanton misconduct, a 
12 wireless telephone service provider is immune from 
13 civil liability for its actions taken in compliance 
14 with a court order issued under this paragraph.
15   (F) All wireless service providers that provide 
16 services to residential customers shall provide to the 
17 Illinois Commerce Commission the name and address of an 
18 agent for service of orders entered under this 
19 paragraph (18). Any change in status of the registered 
20 agent must be reported to the Illinois Commerce 
21 Commission within 30 days of such change. 
22   (G) The Illinois Commerce Commission shall 
23 maintain the list of registered agents for service for 
24 each wireless telephone service provider on the 
25 Commission's website. The Commission may consult with 
26 wireless telephone service providers and the Circuit 
 
 
HB4067- 207 -LRB101 15932 RLC 65292 b


1 Court Clerks on the manner in which this information is 
2 provided and displayed. 
3 (c) Relevant factors; findings.

4  (1) In determining whether to grant a
specific remedy, 
5 other than payment of support, the
court shall consider 
6 relevant factors, including, but not limited to, the

7 following:

8   (i) the nature, frequency, severity, pattern, and 
9 consequences of the
respondent's past abuse of the 
10 petitioner or any family or household
member, 
11 including the concealment of his or her location in 
12 order to evade
service of process or notice, and the 
13 likelihood of danger of future abuse to
petitioner or

14 any member of petitioner's or respondent's family or 
15 household; and

16   (ii) the danger that any minor child will be abused 
17 or neglected or
improperly relocated from the 
18 jurisdiction, improperly concealed within the
State, 
19 or improperly separated from the child's primary 
20 caretaker.

21  (2) In comparing relative hardships resulting to the 
22 parties from loss
of possession of the family home, the 
23 court shall consider relevant
factors, including, but not 
24 limited to, the following:

25   (i) availability, accessibility, cost, safety, 
26 adequacy, location, and other
characteristics of 
 
 
HB4067- 208 -LRB101 15932 RLC 65292 b


1 alternate housing for each party and any minor child or

2 dependent adult in the party's care;

3   (ii) the effect on the party's employment; and

4   (iii) the effect on the relationship of the party, 
5 and any minor
child or dependent adult in the party's 
6 care, to family, school, church,
and community.

7  (3) Subject to the exceptions set forth in paragraph 
8 (4) of this
subsection (c), the court shall make its 
9 findings in an official record or in
writing, and shall at 
10 a minimum set forth the following:

11   (i) That the court has considered the applicable 
12 relevant factors
described in paragraphs (1) and (2) of 
13 this subsection (c).

14   (ii) Whether the conduct or actions of respondent, 
15 unless
prohibited, will likely cause irreparable harm 
16 or continued abuse.

17   (iii) Whether it is necessary to grant the 
18 requested relief in order
to protect petitioner or 
19 other alleged abused persons.

20  (4) (Blank).

21  (5) Never married parties. No rights or 
22 responsibilities for a minor
child born outside of marriage 
23 attach to a putative father until a father and
child 
24 relationship has been established under the Illinois 
25 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
26 the Illinois Public Aid Code, Section 12 of the Vital 
 
 
HB4067- 209 -LRB101 15932 RLC 65292 b


1 Records Act, the Juvenile Court Act of 1987, the Probate 
2 Act of 1975, the Uniform Interstate Family Support Act, the 
3 Expedited Child Support Act of 1990, any judicial, 
4 administrative, or other act of another state or territory, 
5 any other statute of this State, or by any foreign nation 
6 establishing the father and child relationship, any other 
7 proceeding substantially in conformity with the federal 
8 Personal Responsibility and Work Opportunity 
9 Reconciliation Act of 1996, or when both parties appeared 
10 in open court or at an administrative hearing acknowledging 
11 under oath or admitting by affirmation the existence of a 
12 father and child relationship. Absent such an 
13 adjudication, no putative father shall be granted

14 temporary allocation of parental responsibilities, 
15 including parenting time with the minor child, or
physical 
16 care
and possession of the minor child, nor shall
an order 
17 of payment for support of the minor child be entered.

18 (d) Balance of hardships; findings. If the court finds that 
19the balance
of hardships does not support the granting of a 
20remedy governed by
paragraph (2), (3), (10), (11), or (16) of

21subsection (b) of this Section,
which may require such 
22balancing, the court's findings shall so
indicate and shall 
23include a finding as to whether granting the remedy will
result 
24in hardship to respondent that would substantially outweigh the 
25hardship
to petitioner
from denial of the remedy. The findings 
26shall be an official record or in
writing.

 
 
HB4067- 210 -LRB101 15932 RLC 65292 b


1 (e) Denial of remedies. Denial of any remedy shall not be 
2based, in
whole or in part, on evidence that:

3  (1) respondent has cause for any use of force, unless 
4 that cause
satisfies the standards for justifiable use of 
5 force provided by Article
7 of the Criminal Code of 2012;

6  (2) respondent was voluntarily intoxicated;

7  (3) petitioner acted in self-defense or defense of 
8 another, provided
that, if petitioner utilized force, such 
9 force was justifiable under
Article 7 of the Criminal Code 
10 of 2012; 

11  (4) petitioner did not act in self-defense or defense 
12 of another;

13  (5) petitioner left the residence or household to avoid 
14 further abuse
by respondent;

15  (6) petitioner did not leave the residence or household 
16 to avoid further
abuse by respondent; or 

17  (7) conduct by any family or household member excused 
18 the abuse by
respondent, unless that same conduct would 
19 have excused such abuse if the
parties had not been family 
20 or household members.

21(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; 
22100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. 
231-1-19; 101-81, eff. 7-12-19.)


24 (725 ILCS 5/112A-14.7)
25 Sec. 112A-14.7. Stalking no contact order; remedies.
 
 
HB4067- 211 -LRB101 15932 RLC 65292 b


1 (a) The court may order any of the remedies listed in this 
2Section. The remedies listed in this Section shall be in 
3addition to other civil or criminal remedies available to 
4petitioner.
A stalking no contact order shall order one or more 
5of the following:
6  (1) prohibit the respondent from threatening to
commit 
7 or committing stalking;
8  (2) order the respondent not to have any contact with

9 the petitioner or a third person specifically named by the 
10 court;
11  (3) prohibit the respondent from knowingly coming

12 within, or knowingly remaining within a specified distance 
13 of the petitioner or the petitioner's residence, school, 
14 daycare, or place of employment, or any specified place 
15 frequented by the petitioner; however, the court may order 
16 the respondent to stay away from the respondent's own 
17 residence, school, or place of employment only if the 
18 respondent has been provided actual notice of the 
19 opportunity to appear and be heard on the petition;
20  (4) prohibit the respondent from possessing a
Firearm 
21 Owners Identification Card, or possessing or buying 
22 firearms; and
23  (5) order other injunctive relief the court
determines 
24 to be necessary to protect the petitioner or third party 
25 specifically named by the court.
26 (b) When the petitioner and the respondent attend the same 
 
 
HB4067- 212 -LRB101 15932 RLC 65292 b


1public, private, or non-public elementary, middle, or high 
2school, the court when issuing a stalking no contact order and 
3providing relief shall consider the severity of the act, any 
4continuing physical danger or emotional distress to the 
5petitioner, the educational rights guaranteed to the 
6petitioner and respondent under federal and State law, the 
7availability of a transfer of the respondent to another school, 
8a change of placement or a change of program of the respondent, 
9the expense, difficulty, and educational disruption that would 
10be caused by a transfer of the respondent to another school, 
11and any other relevant facts of the case. The court may order 
12that the respondent not attend the public, private, or 
13non-public elementary, middle, or high school attended by the 
14petitioner, order that the respondent accept a change of 
15placement or program, as determined by the school district or 
16private or non-public school, or place restrictions on the 
17respondent's movements within the school attended by the 
18petitioner. The respondent bears the burden of proving by a 
19preponderance of the evidence that a transfer, change of 
20placement, or change of program of the respondent is not 
21available. The respondent also bears the burden of production 
22with respect to the expense, difficulty, and educational 
23disruption that would be caused by a transfer of the respondent 
24to another school. A transfer, change of placement, or change 
25of program is not unavailable to the respondent solely on the 
26ground that the respondent does not agree with the school 
 
 
HB4067- 213 -LRB101 15932 RLC 65292 b


1district's or private or non-public school's transfer, change 
2of placement, or change of program or solely on the ground that 
3the respondent fails or refuses to consent to or otherwise does 
4not take an action required to effectuate a transfer, change of 
5placement, or change of program. When a court orders a 
6respondent to stay away from the public, private, or non-public 
7school attended by the petitioner and the respondent requests a 
8transfer to another attendance center within the respondent's 
9school district or private or non-public school, the school 
10district or private or non-public school shall have sole 
11discretion to determine the attendance center to which the 
12respondent is transferred. If the court order results in a 
13transfer of the minor respondent to another attendance center, 
14a change in the respondent's placement, or a change of the 
15respondent's program, the parents, guardian, or legal 
16custodian of the respondent is responsible for transportation 
17and other costs associated with the transfer or change.
18 (c) The court may order the parents, guardian, or legal 
19custodian of a minor respondent to take certain actions or to 
20refrain from taking certain actions to ensure that the 
21respondent complies with the order. If the court orders a 
22transfer of the respondent to another school, the parents, 
23guardian, or legal custodian of the respondent are responsible 
24for transportation and other costs associated with the change 
25of school by the respondent.
26 (d) The court shall not hold a school district or private 
 
 
HB4067- 214 -LRB101 15932 RLC 65292 b


1or non-public school or any of its employees in civil or 
2criminal contempt unless the school district or private or 
3non-public school has been allowed to intervene.
4 (e) The court may hold the parents, guardian, or legal 
5custodian of a minor respondent in civil or criminal contempt 
6for a violation of any provision of any order entered under 
7this Article for conduct of the minor respondent in violation 
8of this Article if the parents, guardian, or legal custodian 
9directed, encouraged, or assisted the respondent minor in the 
10conduct.
11 (f) Monetary damages are not recoverable as a remedy.
12 (g) If the stalking no contact order prohibits the 
13respondent from possessing a Firearm Owner's Identification 
14Card, or possessing or buying firearms; the court shall 
15confiscate the respondent's firearms Firearm Owner's 
16Identification Card and immediately return the card to the 
17Department of State Police Firearm Owner's Identification Card 
18Office.

19(Source: P.A. 100-199, eff. 1-1-18.)

20 Section 95. The Unified Code of Corrections is amended by 
21changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as 
22follows:

23 (730 ILCS 5/5-4.5-110)
24 (Section scheduled to be repealed on January 1, 2023)
 
 
HB4067- 215 -LRB101 15932 RLC 65292 b


1 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
2PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
3 (a) DEFINITIONS. For the purposes of this Section:
4  "Firearm" has the meaning ascribed to it in Section 
5 2-7.5 of the Criminal Code of 2012 Section 1.1 of the 
6 Firearm Owners Identification Card Act.
7  "Qualifying predicate offense" means the following 
8 offenses under the Criminal Code of 2012:
9   (A) aggravated unlawful use of a weapon under 
10 Section 24-1.6 or similar offense under the Criminal 
11 Code of 1961, when the weapon is a firearm; 
12   (B) unlawful use or possession of a weapon by a 
13 felon under Section 24-1.1 or similar offense under the 
14 Criminal Code of 1961, when the
weapon is a firearm;
15   (C) first degree murder under Section 9-1 or 
16 similar offense under the Criminal Code of 1961;
17   (D) attempted first degree murder with a firearm or 
18 similar offense under the Criminal Code of 1961;
19   (E) aggravated kidnapping with a firearm under 
20 paragraph (6) or (7) of subsection (a) of Section 10-2 
21 or similar offense under the Criminal Code of 1961;
22   (F) aggravated battery with a firearm under 
23 subsection (e) of Section 12-3.05 or similar offense 
24 under the Criminal Code of 1961;
25   (G) aggravated criminal sexual assault under 
26 Section 11-1.30 or similar offense under the Criminal 
 
 
HB4067- 216 -LRB101 15932 RLC 65292 b


1 Code of 1961;
2   (H) predatory criminal sexual assault of a child 
3 under Section 11-1.40 or similar offense under the 
4 Criminal Code of 1961;
5   (I) armed robbery under Section 18-2 or similar 
6 offense under the Criminal Code of 1961;
7   (J) vehicular hijacking under Section 18-3 or 
8 similar offense under the Criminal Code of 1961;
9   (K) aggravated vehicular hijacking under Section 
10 18-4 or similar offense under the Criminal Code of 
11 1961;
12   (L) home invasion with a firearm under paragraph 
13 (3), (4), or (5) of subsection (a) of Section 19-6 or 
14 similar offense under the Criminal Code of 1961;
15   (M) aggravated discharge of a firearm under 
16 Section 24-1.2 or similar offense under the Criminal 
17 Code of 1961;
18   (N) aggravated discharge of a machine gun or a 
19 firearm equipped with a device
designed or used for 
20 silencing the report of a firearm under Section 
21 24-1.2-5 or similar offense under the Criminal Code of 
22 1961;
23   (0) unlawful use of firearm projectiles under 
24 Section 24-2.1 or similar offense under the Criminal 
25 Code of 1961;
26   (P) manufacture, sale, or transfer of bullets or 
 
 
HB4067- 217 -LRB101 15932 RLC 65292 b


1 shells represented to be armor piercing
bullets, 
2 dragon's breath shotgun shells, bolo shells, or 
3 flechette shells under Section 24-2.2 or similar 
4 offense under the Criminal Code of 1961;
5   (Q) unlawful sale or delivery of firearms under 
6 Section 24-3 or similar offense under the Criminal Code 
7 of 1961;
8   (R) unlawful discharge of firearm projectiles 
9 under Section 24-3.2 or similar offense under the 
10 Criminal Code of 1961;
11   (S) unlawful sale or delivery of firearms on school 
12 premises of any school under Section 24-3.3 or similar 
13 offense under the Criminal Code of 1961;
14   (T) unlawful purchase of a firearm under Section 
15 24-3.5 or similar offense under the Criminal Code of 
16 1961;
17   (U) use of a stolen firearm in the commission of an 
18 offense under Section 24-3.7 or similar offense under 
19 the Criminal Code of 1961;
20   (V) possession of a stolen firearm under Section 
21 24-3.8 or similar offense under the Criminal Code of 
22 1961;
23   (W) aggravated possession of a stolen firearm 
24 under Section 24-3.9 or similar offense under the 
25 Criminal Code of 1961;
26   (X) gunrunning under Section 24-3A or similar 
 
 
HB4067- 218 -LRB101 15932 RLC 65292 b


1 offense under the Criminal Code of 1961;
2   (Y) defacing identification marks of firearms 
3 under Section 24-5 or similar offense under the 
4 Criminal Code of 1961; and
5   (Z) armed violence under Section 33A-2 or similar 
6 offense under the Criminal Code of 1961. 
7 (b) APPLICABILITY. For an offense committed on or after 
8January 1, 2018 (the effective date of Public Act 100-3) this 
9amendatory Act of the 100th General Assembly and before January 
101, 2023, when a person is convicted of unlawful use or 
11possession of a weapon by a felon, when the weapon is a 
12firearm, or aggravated unlawful use of a weapon, when the 
13weapon is a firearm, after being previously convicted of a 
14qualifying predicate offense the person shall be subject to the 
15sentencing guidelines under this Section.
16 (c) SENTENCING GUIDELINES.
17  (1) When a person is convicted of unlawful use or 
18 possession of a weapon by a felon, when the weapon is a 
19 firearm, and that person has been previously convicted of a 
20 qualifying predicate offense, the person shall be 
21 sentenced to a term of imprisonment within the sentencing 
22 range of not less than 7 years and not more than 14 years, 
23 unless the court finds that a departure from the sentencing 
24 guidelines under this paragraph is warranted under 
25 subsection (d) of this Section.
26  (2) When a person is convicted of aggravated unlawful 
 
 
HB4067- 219 -LRB101 15932 RLC 65292 b


1 use of a weapon, when the weapon is a firearm, and that 
2 person has been previously convicted of a qualifying 
3 predicate offense, the person shall be sentenced to a term 
4 of imprisonment within the sentencing range of not less 
5 than 6 years and not more than 7 years, unless the court 
6 finds that a departure from the sentencing guidelines under 
7 this paragraph is warranted under subsection (d) of this 
8 Section. 
9  (3) The sentencing guidelines in paragraphs (1) and (2) 
10 of this subsection (c) apply only to offenses committed on 
11 and after January 1, 2018 (the effective date of Public Act 
12 100-3) this amendatory Act of the 100th General Assembly 
13 and before January 1, 2023. 
14 (d) DEPARTURE FROM SENTENCING GUIDELINES.
15  (1) At the sentencing hearing conducted under Section 
16 5-4-1 of this Code, the court may depart from the

17 sentencing guidelines provided in subsection (c) of this 
18 Section and impose a sentence
otherwise authorized by law 
19 for the offense if the court, after considering any factor 
20 under paragraph (2) of this subsection (d) relevant to the 
21 nature and
circumstances of the crime and to the history 
22 and character of the defendant, finds on the record

23 substantial and compelling justification that the sentence 
24 within the sentencing guidelines would be unduly harsh and

25 that a sentence otherwise authorized by law would be 
26 consistent with public
safety and does not deprecate the 
 
 
HB4067- 220 -LRB101 15932 RLC 65292 b


1 seriousness of the offense.
2  (2) In deciding whether to depart from the sentencing 
3 guidelines under this paragraph, the court shall
consider:
4   (A) the age, immaturity, or limited mental 
5 capacity of the defendant at the time of
commission of 
6 the qualifying predicate or current offense, including 
7 whether the defendant
was suffering from a mental or 
8 physical condition insufficient to constitute a

9 defense but significantly reduced the defendant's 
10 culpability;
11   (B) the nature and circumstances of the qualifying 
12 predicate offense;
13   (C) the time elapsed since the qualifying 
14 predicate offense;
15   (D) the nature and circumstances of the current 
16 offense;
17   (E) the defendant's prior criminal history;
18   (F) whether the defendant committed the qualifying 
19 predicate or current offense under
specific and 
20 credible duress, coercion, threat, or compulsion;
21   (G) whether the defendant aided in the 
22 apprehension of another felon or testified
truthfully 
23 on behalf of another prosecution of a felony; and
24   (H) whether departure is in the interest of the 
25 person's rehabilitation, including employment or 
26 educational or vocational training, after taking into 
 
 
HB4067- 221 -LRB101 15932 RLC 65292 b


1 account any past rehabilitation efforts or 
2 dispositions of probation or supervision, and the 
3 defendant's cooperation or response to rehabilitation.
4  (3) When departing from the sentencing guidelines 
5 under this Section, the court shall specify on the record, 
6 the particular evidence, information, factor or factors, 
7 or other reasons which led to the departure from the 
8 sentencing guidelines. When departing from the sentencing 
9 range in accordance with this subsection (d), the court 
10 shall indicate on the sentencing order which departure 
11 factor or factors outlined in paragraph (2) of this 
12 subsection (d) led to the sentence imposed. The sentencing 
13 order shall be filed with the clerk of the court and shall 
14 be a public record.
15 (e) This Section is repealed on January 1, 2023. 

16(Source: P.A. 100-3, eff. 1-1-18; revised 4-2-19.)



17 (730 ILCS 5/5-5-3)



18 Sec. 5-5-3. Disposition. 

19 (a) (Blank).

20 (b) (Blank). 

21 (c) (1) (Blank).

22 (2) A period of probation, a term of periodic imprisonment 
23or
conditional discharge shall not be imposed for the following 
24offenses.
The court shall sentence the offender to not less 
25than the minimum term
of imprisonment set forth in this Code 
 
 
HB4067- 222 -LRB101 15932 RLC 65292 b


1for the following offenses, and
may order a fine or restitution 
2or both in conjunction with such term of
imprisonment:

3  (A) First degree murder where the death penalty is not 
4 imposed.

5  (B) Attempted first degree murder.

6  (C) A Class X felony.

7  (D) A violation of Section 401.1 or 407 of the
Illinois 
8 Controlled Substances Act, or a violation of subdivision 
9 (c)(1.5) of
Section 401 of that Act which relates to more 
10 than 5 grams of a substance
containing fentanyl or an 
11 analog thereof.

12  (D-5) A violation of subdivision (c)(1) of
Section 401 
13 of the Illinois Controlled Substances Act which relates to 
14 3 or more grams of a substance
containing heroin or an 
15 analog thereof. 
16  (E) (Blank).

17  (F) A Class 1 or greater felony if the offender had 
18 been convicted
of a Class 1 or greater felony, including 
19 any state or federal conviction for an offense that 
20 contained, at the time it was committed, the same elements 
21 as an offense now (the date of the offense committed after 
22 the prior Class 1 or greater felony) classified as a Class 
23 1 or greater felony, within 10 years of the date on which 
24 the
offender
committed the offense for which he or she is 
25 being sentenced, except as
otherwise provided in Section 
26 40-10 of the Substance Use Disorder Act.

 
 
HB4067- 223 -LRB101 15932 RLC 65292 b


1  (F-3) A Class 2 or greater felony sex offense or felony 
2 firearm offense if the offender had been convicted of a 
3 Class 2 or greater felony, including any state or federal 
4 conviction for an offense that contained, at the time it 
5 was committed, the same elements as an offense now (the 
6 date of the offense committed after the prior Class 2 or 
7 greater felony) classified as a Class 2 or greater felony, 
8 within 10 years of the date on which the offender committed 
9 the offense for which he or she is being sentenced, except 
10 as otherwise provided in Section 40-10 of the Substance Use 
11 Disorder Act. 
12  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
13 the Criminal Code of 1961 or the Criminal Code of 2012 for 
14 which imprisonment is prescribed in those Sections.
15  (G) Residential burglary, except as otherwise provided 
16 in Section 40-10
of the Substance Use Disorder Act.

17  (H) Criminal sexual assault.

18  (I) Aggravated battery of a senior citizen as described 
19 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
20 of the Criminal Code of 1961 or the Criminal Code of 2012.

21  (J) A forcible felony if the offense was related to the 
22 activities of an
organized gang.

23  Before July 1, 1994, for the purposes of this 
24 paragraph, "organized
gang" means an association of 5 or 
25 more persons, with an established hierarchy,
that 
26 encourages members of the association to perpetrate crimes 
 
 
HB4067- 224 -LRB101 15932 RLC 65292 b


1 or provides
support to the members of the association who 
2 do commit crimes.

3  Beginning July 1, 1994, for the purposes of this 
4 paragraph,
"organized gang" has the meaning ascribed to it 
5 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
6 Prevention Act.

7  (K) Vehicular hijacking.

8  (L) A second or subsequent conviction for the offense 
9 of hate crime
when the underlying offense upon which the 
10 hate crime is based is felony
aggravated
assault or felony 
11 mob action.

12  (M) A second or subsequent conviction for the offense 
13 of institutional
vandalism if the damage to the property 
14 exceeds $300.

15  (N) A Class 3 felony violation of paragraph (1) of 
16 subsection (a) of
Section 2 of the Firearm Owners 
17 Identification Card Act committed before the effective 
18 date of this amendatory Act of the 101st General Assembly.

19  (O) A violation of Section 12-6.1 or 12-6.5 of the 
20 Criminal Code of 1961 or the Criminal Code of 2012.

21  (P) A violation of paragraph (1), (2), (3), (4), (5), 
22 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012.

24  (Q) A violation of subsection (b) or (b-5) of Section 
25 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
26 Code of
1961 or the Criminal Code of 2012.

 
 
HB4067- 225 -LRB101 15932 RLC 65292 b


1  (R) A violation of Section 24-3A of the Criminal Code 
2 of
1961 or the Criminal Code of 2012.

3  (S) (Blank).

4  (T) (Blank).

5  (U) A second or subsequent violation of Section 6-303 
6 of the Illinois Vehicle Code committed while his or her 
7 driver's license, permit, or privilege was revoked because 
8 of a violation of Section 9-3 of the Criminal Code of 1961 
9 or the Criminal Code of 2012, relating to the offense of 
10 reckless homicide, or a similar provision of a law of 
11 another state.

12  (V)
A violation of paragraph (4) of subsection (c) of 
13 Section 11-20.1B or paragraph (4) of subsection (c) of 
14 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
15 (6) of subsection (a) of Section 11-20.1 of the Criminal 
16 Code of 2012 when the victim is under 13 years of age and 
17 the defendant has previously been convicted under the laws 
18 of this State or any other state of the offense of child 
19 pornography, aggravated child pornography, aggravated 
20 criminal sexual abuse, aggravated criminal sexual assault, 
21 predatory criminal sexual assault of a child, or any of the 
22 offenses formerly known as rape, deviate sexual assault, 
23 indecent liberties with a child, or aggravated indecent 
24 liberties with a child where the victim was under the age 
25 of 18 years or an offense that is substantially equivalent 
26 to those offenses.
 
 
HB4067- 226 -LRB101 15932 RLC 65292 b


1  (W) A violation of Section 24-3.5 of the Criminal Code 
2 of 1961 or the Criminal Code of 2012.

3  (X) A violation of subsection (a) of Section 31-1a of 
4 the Criminal Code of 1961 or the Criminal Code of 2012.
5  (Y) A conviction for unlawful possession of a firearm 
6 by a street gang member when the firearm was loaded or 
7 contained firearm ammunition. 
8  (Z) A Class 1 felony committed while he or she was 
9 serving a term of probation or conditional discharge for a 
10 felony.
11  (AA) Theft of property exceeding $500,000 and not 
12 exceeding $1,000,000 in value.
13  (BB) Laundering of criminally derived property of a 
14 value exceeding
$500,000.
15  (CC) Knowingly selling, offering for sale, holding for 
16 sale, or using 2,000 or more counterfeit items or 
17 counterfeit items having a retail value in the aggregate of 
18 $500,000 or more. 
19  (DD) A conviction for aggravated assault under 
20 paragraph (6) of subsection (c) of Section 12-2 of the 
21 Criminal Code of 1961 or the Criminal Code of 2012 if the 
22 firearm is aimed toward the person against whom the firearm 
23 is being used. 
24  (EE) A conviction for a violation of paragraph (2) of 
25 subsection (a) of Section 24-3B of the Criminal Code of 
26 2012. 
 
 
HB4067- 227 -LRB101 15932 RLC 65292 b


1 (3) (Blank).

2 (4) A minimum term of imprisonment of not less than 10

3consecutive days or 30 days of community service shall be 
4imposed for a
violation of paragraph (c) of Section 6-303 of 
5the Illinois Vehicle Code.

6 (4.1) (Blank).

7 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
8this subsection (c), a
minimum of
100 hours of community 
9service shall be imposed for a second violation of
Section 
106-303
of the Illinois Vehicle Code.

11 (4.3) A minimum term of imprisonment of 30 days or 300 
12hours of community
service, as determined by the court, shall

13be imposed for a second violation of subsection (c) of Section 
146-303 of the
Illinois Vehicle Code.

15 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
16(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1730 days or 300 hours of community service, as
determined by the 
18court, shall
be imposed
for a third or subsequent violation of 
19Section 6-303 of the Illinois Vehicle
Code. The court may give 
20credit toward the fulfillment of community service hours for 
21participation in activities and treatment as determined by 
22court services. 

23 (4.5) A minimum term of imprisonment of 30 days
shall be 
24imposed for a third violation of subsection (c) of
Section 
256-303 of the Illinois Vehicle Code.

26 (4.6) Except as provided in paragraph (4.10) of this 
 
 
HB4067- 228 -LRB101 15932 RLC 65292 b


1subsection (c), a minimum term of imprisonment of 180 days 
2shall be imposed for a
fourth or subsequent violation of 
3subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

4 (4.7) A minimum term of imprisonment of not less than 30 
5consecutive days, or 300 hours of community service, shall be 
6imposed for a violation of subsection (a-5) of Section 6-303 of 
7the Illinois Vehicle Code, as provided in subsection (b-5) of 
8that Section.

9 (4.8) A mandatory prison sentence shall be imposed for a 
10second violation of subsection (a-5) of Section 6-303 of the 
11Illinois Vehicle Code, as provided in subsection (c-5) of that 
12Section. The person's driving privileges shall be revoked for a 
13period of not less than 5 years from the date of his or her 
14release from prison.

15 (4.9) A mandatory prison sentence of not less than 4 and 
16not more than 15 years shall be imposed for a third violation 
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
18Code, as provided in subsection (d-2.5) of that Section. The 
19person's driving privileges shall be revoked for the remainder 
20of his or her life.

21 (4.10) A mandatory prison sentence for a Class 1 felony 
22shall be imposed, and the person shall be eligible for an 
23extended term sentence, for a fourth or subsequent violation of 
24subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
25as provided in subsection (d-3.5) of that Section. The person's 
26driving privileges shall be revoked for the remainder of his or 
 
 
HB4067- 229 -LRB101 15932 RLC 65292 b


1her life.

2 (5) The court may sentence a corporation or unincorporated

3association convicted of any offense to:

4  (A) a period of conditional discharge;

5  (B) a fine;

6  (C) make restitution to the victim under Section 5-5-6 
7 of this Code.

8 (5.1) In addition to any other penalties imposed, and 
9except as provided in paragraph (5.2) or (5.3), a person

10convicted of violating subsection (c) of Section 11-907 of the 
11Illinois
Vehicle Code shall have his or her driver's license, 
12permit, or privileges
suspended for at least 90 days but not 
13more than one year, if the violation
resulted in damage to the 
14property of another person.

15 (5.2) In addition to any other penalties imposed, and 
16except as provided in paragraph (5.3), a person convicted
of 
17violating subsection (c) of Section 11-907 of the Illinois 
18Vehicle Code
shall have his or her driver's license, permit, or 
19privileges suspended for at
least 180 days but not more than 2 
20years, if the violation resulted in injury
to
another person.

21 (5.3) In addition to any other penalties imposed, a person 
22convicted of violating subsection (c) of Section
11-907 of the 
23Illinois Vehicle Code shall have his or her driver's license,

24permit, or privileges suspended for 2 years, if the violation 
25resulted in the
death of another person.

26 (5.4) In addition to any other penalties imposed, a person 
 
 
HB4067- 230 -LRB101 15932 RLC 65292 b


1convicted of violating Section 3-707 of the Illinois Vehicle 
2Code shall have his or her driver's license, permit, or 
3privileges suspended for 3 months and until he or she has paid 
4a reinstatement fee of $100.
5 (5.5) In addition to any other penalties imposed, a person 
6convicted of violating Section 3-707 of the Illinois Vehicle 
7Code during a period in which his or her driver's license, 
8permit, or privileges were suspended for a previous violation 
9of that Section shall have his or her driver's license, permit, 
10or privileges suspended for an additional 6 months after the 
11expiration of the original 3-month suspension and until he or 
12she has paid a reinstatement fee of $100.

13 (6) (Blank).

14 (7) (Blank).

15 (8) (Blank).

16 (9) A defendant convicted of a second or subsequent offense 
17of ritualized
abuse of a child may be sentenced to a term of 
18natural life imprisonment.

19 (10) (Blank).

20 (11) The court shall impose a minimum fine of $1,000 for a 
21first offense
and $2,000 for a second or subsequent offense 
22upon a person convicted of or
placed on supervision for battery 
23when the individual harmed was a sports
official or coach at 
24any level of competition and the act causing harm to the
sports

25official or coach occurred within an athletic facility or 
26within the immediate vicinity
of the athletic facility at which 
 
 
HB4067- 231 -LRB101 15932 RLC 65292 b


1the sports official or coach was an active
participant
of the 
2athletic contest held at the athletic facility. For the 
3purposes of
this paragraph (11), "sports official" means a 
4person at an athletic contest
who enforces the rules of the 
5contest, such as an umpire or referee; "athletic facility" 
6means an indoor or outdoor playing field or recreational area 
7where sports activities are conducted;
and "coach" means a 
8person recognized as a coach by the sanctioning
authority that 
9conducted the sporting event.
10 (12) A person may not receive a disposition of court 
11supervision for a
violation of Section 5-16 of the Boat 
12Registration and Safety Act if that
person has previously 
13received a disposition of court supervision for a
violation of 
14that Section.

15 (13) A person convicted of or placed on court supervision 
16for an assault or aggravated assault when the victim and the 
17offender are family or household members as defined in Section 
18103 of the Illinois Domestic Violence Act of 1986 or convicted 
19of domestic battery or aggravated domestic battery may be 
20required to attend a Partner Abuse Intervention Program under 
21protocols set forth by the Illinois Department of Human 
22Services under such terms and conditions imposed by the court. 
23The costs of such classes shall be paid by the offender.

24 (d) In any case in which a sentence originally imposed is 
25vacated,
the case shall be remanded to the trial court. The 
26trial court shall
hold a hearing under Section 5-4-1 of this 
 
 
HB4067- 232 -LRB101 15932 RLC 65292 b


1Code
which may include evidence of the defendant's life, moral 
2character and
occupation during the time since the original 
3sentence was passed. The
trial court shall then impose sentence 
4upon the defendant. The trial
court may impose any sentence 
5which could have been imposed at the
original trial subject to 
6Section 5-5-4 of this Code.
If a sentence is vacated on appeal 
7or on collateral attack due to the
failure of the trier of fact 
8at trial to determine beyond a reasonable doubt
the
existence 
9of a fact (other than a prior conviction) necessary to increase 
10the
punishment for the offense beyond the statutory maximum 
11otherwise applicable,
either the defendant may be re-sentenced 
12to a term within the range otherwise
provided or, if the State 
13files notice of its intention to again seek the
extended 
14sentence, the defendant shall be afforded a new trial.

15 (e) In cases where prosecution for
aggravated criminal 
16sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
17Code of 1961 or the Criminal Code of 2012 results in conviction 
18of a defendant
who was a family member of the victim at the 
19time of the commission of the
offense, the court shall consider 
20the safety and welfare of the victim and
may impose a sentence 
21of probation only where:

22  (1) the court finds (A) or (B) or both are appropriate:

23   (A) the defendant is willing to undergo a court 
24 approved counseling
program for a minimum duration of 2 
25 years; or

26   (B) the defendant is willing to participate in a 
 
 
HB4067- 233 -LRB101 15932 RLC 65292 b


1 court approved plan
including but not limited to the 
2 defendant's:

3    (i) removal from the household;

4    (ii) restricted contact with the victim;

5    (iii) continued financial support of the 
6 family;

7    (iv) restitution for harm done to the victim; 
8 and

9    (v) compliance with any other measures that 
10 the court may
deem appropriate; and

11  (2) the court orders the defendant to pay for the 
12 victim's counseling
services, to the extent that the court 
13 finds, after considering the
defendant's income and 
14 assets, that the defendant is financially capable of
paying 
15 for such services, if the victim was under 18 years of age 
16 at the
time the offense was committed and requires 
17 counseling as a result of the
offense.

18 Probation may be revoked or modified pursuant to Section 
195-6-4; except
where the court determines at the hearing that 
20the defendant violated a
condition of his or her probation 
21restricting contact with the victim or
other family members or 
22commits another offense with the victim or other
family 
23members, the court shall revoke the defendant's probation and

24impose a term of imprisonment.

25 For the purposes of this Section, "family member" and 
26"victim" shall have
the meanings ascribed to them in Section 
 
 
HB4067- 234 -LRB101 15932 RLC 65292 b


111-0.1 of the Criminal Code of
2012.

2 (f) (Blank).

3 (g) Whenever a defendant is convicted of an offense under 
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
511-14.3, 11-14.4 except for an offense that involves keeping a 
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
9Criminal Code of 2012,
the defendant shall undergo medical 
10testing to
determine whether the defendant has any sexually 
11transmissible disease,
including a test for infection with 
12human immunodeficiency virus (HIV) or
any other identified 
13causative agent of acquired immunodeficiency syndrome
(AIDS). 
14Any such medical test shall be performed only by appropriately

15licensed medical practitioners and may include an analysis of 
16any bodily
fluids as well as an examination of the defendant's 
17person.
Except as otherwise provided by law, the results of 
18such test shall be kept
strictly confidential by all medical 
19personnel involved in the testing and must
be personally 
20delivered in a sealed envelope to the judge of the court in 
21which
the conviction was entered for the judge's inspection in 
22camera. Acting in
accordance with the best interests of the 
23victim and the public, the judge
shall have the discretion to 
24determine to whom, if anyone, the results of the
testing may be 
25revealed. The court shall notify the defendant
of the test 
26results. The court shall
also notify the victim if requested by 
 
 
HB4067- 235 -LRB101 15932 RLC 65292 b


1the victim, and if the victim is under
the age of 15 and if 
2requested by the victim's parents or legal guardian, the
court 
3shall notify the victim's parents or legal guardian of the test

4results.
The court shall provide information on the 
5availability of HIV testing
and counseling at Department of 
6Public Health facilities to all parties to
whom the results of 
7the testing are revealed and shall direct the State's
Attorney 
8to provide the information to the victim when possible.
A 
9State's Attorney may petition the court to obtain the results 
10of any HIV test
administered under this Section, and the court 
11shall grant the disclosure if
the State's Attorney shows it is 
12relevant in order to prosecute a charge of
criminal 
13transmission of HIV under Section 12-5.01 or 12-16.2 of the 
14Criminal Code of 1961 or the Criminal Code of 2012
against the 
15defendant. The court shall order that the cost of any such test

16shall be paid by the county and may be taxed as costs against 
17the convicted
defendant.

18 (g-5) When an inmate is tested for an airborne communicable 
19disease, as
determined by the Illinois Department of Public 
20Health including but not
limited to tuberculosis, the results 
21of the test shall be
personally delivered by the warden or his 
22or her designee in a sealed envelope
to the judge of the court 
23in which the inmate must appear for the judge's
inspection in 
24camera if requested by the judge. Acting in accordance with the

25best interests of those in the courtroom, the judge shall have 
26the discretion
to determine what if any precautions need to be 
 
 
HB4067- 236 -LRB101 15932 RLC 65292 b


1taken to prevent transmission
of the disease in the courtroom.

2 (h) Whenever a defendant is convicted of an offense under 
3Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
4defendant shall undergo
medical testing to determine whether 
5the defendant has been exposed to human
immunodeficiency virus 
6(HIV) or any other identified causative agent of
acquired 
7immunodeficiency syndrome (AIDS). Except as otherwise provided 
8by
law, the results of such test shall be kept strictly 
9confidential by all
medical personnel involved in the testing 
10and must be personally delivered in a
sealed envelope to the 
11judge of the court in which the conviction was entered
for the 
12judge's inspection in camera. Acting in accordance with the 
13best
interests of the public, the judge shall have the 
14discretion to determine to
whom, if anyone, the results of the 
15testing may be revealed. The court shall
notify the defendant 
16of a positive test showing an infection with the human

17immunodeficiency virus (HIV). The court shall provide 
18information on the
availability of HIV testing and counseling 
19at Department of Public Health
facilities to all parties to 
20whom the results of the testing are revealed and
shall direct 
21the State's Attorney to provide the information to the victim 
22when
possible. A State's Attorney may petition the court to 
23obtain the results of
any HIV test administered under this 
24Section, and the court shall grant the
disclosure if the 
25State's Attorney shows it is relevant in order to prosecute a

26charge of criminal transmission of HIV under Section 12-5.01 or 
 
 
HB4067- 237 -LRB101 15932 RLC 65292 b


112-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
22012 against the defendant. The court shall order that the cost 
3of any
such test shall be paid by the county and may be taxed as 
4costs against the
convicted defendant.

5 (i) All fines and penalties imposed under this Section for 
6any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
7Vehicle Code, or a similar
provision of a local ordinance, and 
8any violation
of the Child Passenger Protection Act, or a 
9similar provision of a local
ordinance, shall be collected and 
10disbursed by the circuit
clerk as provided under the Criminal 
11and Traffic Assessment Act.

12 (j) In cases when prosecution for any violation of Section 
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1511-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1712-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
18Code of 2012, any violation of the Illinois Controlled 
19Substances Act,
any violation of the Cannabis Control Act, or 
20any violation of the Methamphetamine Control and Community 
21Protection Act results in conviction, a
disposition of court 
22supervision, or an order of probation granted under
Section 10 
23of the Cannabis Control Act, Section 410 of the Illinois

24Controlled Substances Act, or Section 70 of the Methamphetamine 
25Control and Community Protection Act of a defendant, the court 
26shall determine whether the
defendant is employed by a facility 
 
 
HB4067- 238 -LRB101 15932 RLC 65292 b


1or center as defined under the Child Care
Act of 1969, a public 
2or private elementary or secondary school, or otherwise
works 
3with children under 18 years of age on a daily basis. When a 
4defendant
is so employed, the court shall order the Clerk of 
5the Court to send a copy of
the judgment of conviction or order 
6of supervision or probation to the
defendant's employer by 
7certified mail.
If the employer of the defendant is a school, 
8the Clerk of the Court shall
direct the mailing of a copy of 
9the judgment of conviction or order of
supervision or probation 
10to the appropriate regional superintendent of schools.
The 
11regional superintendent of schools shall notify the State Board 
12of
Education of any notification under this subsection.

13 (j-5) A defendant at least 17 years of age who is convicted 
14of a felony and
who has not been previously convicted of a 
15misdemeanor or felony and who is
sentenced to a term of 
16imprisonment in the Illinois Department of Corrections
shall as 
17a condition of his or her sentence be required by the court to 
18attend
educational courses designed to prepare the defendant 
19for a high school diploma
and to work toward a high school 
20diploma or to work toward passing high school equivalency 
21testing or to work toward
completing a vocational training 
22program offered by the Department of
Corrections. If a 
23defendant fails to complete the educational training
required 
24by his or her sentence during the term of incarceration, the 
25Prisoner
Review Board shall, as a condition of mandatory 
26supervised release, require the
defendant, at his or her own 
 
 
HB4067- 239 -LRB101 15932 RLC 65292 b


1expense, to pursue a course of study toward a high
school 
2diploma or passage of high school equivalency testing. The 
3Prisoner Review Board shall
revoke the mandatory supervised 
4release of a defendant who wilfully fails to
comply with this 
5subsection (j-5) upon his or her release from confinement in a

6penal institution while serving a mandatory supervised release 
7term; however,
the inability of the defendant after making a 
8good faith effort to obtain
financial aid or pay for the 
9educational training shall not be deemed a wilful
failure to 
10comply. The Prisoner Review Board shall recommit the defendant

11whose mandatory supervised release term has been revoked under 
12this subsection
(j-5) as provided in Section 3-3-9. This 
13subsection (j-5) does not apply to a
defendant who has a high 
14school diploma or has successfully passed high school 
15equivalency testing. This subsection (j-5) does not apply to a 
16defendant who is determined by
the court to be a person with a 
17developmental disability or otherwise mentally incapable of

18completing the educational or vocational program.

19 (k) (Blank).

20 (l) (A) Except as provided
in paragraph (C) of subsection 
21(l), whenever a defendant,
who is an alien as defined by the 
22Immigration and Nationality Act, is convicted
of any felony or 
23misdemeanor offense, the court after sentencing the defendant

24may, upon motion of the State's Attorney, hold sentence in 
25abeyance and remand
the defendant to the custody of the 
26Attorney General of
the United States or his or her designated 
 
 
HB4067- 240 -LRB101 15932 RLC 65292 b


1agent to be deported when:

2  (1) a final order of deportation has been issued 
3 against the defendant
pursuant to proceedings under the 
4 Immigration and Nationality Act, and

5  (2) the deportation of the defendant would not 
6 deprecate the seriousness
of the defendant's conduct and 
7 would not be inconsistent with the ends of
justice.

8 Otherwise, the defendant shall be sentenced as provided in 
9this Chapter V.

10 (B) If the defendant has already been sentenced for a 
11felony or
misdemeanor
offense, or has been placed on probation 
12under Section 10 of the Cannabis
Control Act,
Section 410 of 
13the Illinois Controlled Substances Act, or Section 70 of the 
14Methamphetamine Control and Community Protection Act, the 
15court
may, upon motion of the State's Attorney to suspend the

16sentence imposed, commit the defendant to the custody of the 
17Attorney General
of the United States or his or her designated 
18agent when:

19  (1) a final order of deportation has been issued 
20 against the defendant
pursuant to proceedings under the 
21 Immigration and Nationality Act, and

22  (2) the deportation of the defendant would not 
23 deprecate the seriousness
of the defendant's conduct and 
24 would not be inconsistent with the ends of
justice.

25 (C) This subsection (l) does not apply to offenders who are 
26subject to the
provisions of paragraph (2) of subsection (a) of 
 
 
HB4067- 241 -LRB101 15932 RLC 65292 b


1Section 3-6-3.

2 (D) Upon motion of the State's Attorney, if a defendant 
3sentenced under
this Section returns to the jurisdiction of the 
4United States, the defendant
shall be recommitted to the 
5custody of the county from which he or she was
sentenced.

6Thereafter, the defendant shall be brought before the 
7sentencing court, which
may impose any sentence that was 
8available under Section 5-5-3 at the time of
initial 
9sentencing. In addition, the defendant shall not be eligible 
10for
additional earned sentence credit as provided under
Section 
113-6-3.

12 (m) A person convicted of criminal defacement of property 
13under Section
21-1.3 of the Criminal Code of 1961 or the 
14Criminal Code of 2012, in which the property damage exceeds 
15$300
and the property damaged is a school building, shall be 
16ordered to perform
community service that may include cleanup, 
17removal, or painting over the
defacement.

18 (n) The court may sentence a person convicted of a 
19violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
21of 1961 or the Criminal Code of 2012 (i) to an impact

22incarceration program if the person is otherwise eligible for 
23that program
under Section 5-8-1.1, (ii) to community service, 
24or (iii) if the person has a substance use disorder, as defined

25in the Substance Use Disorder Act, to a treatment program

26licensed under that Act.
 
 
HB4067- 242 -LRB101 15932 RLC 65292 b


1 (o) Whenever a person is convicted of a sex offense as 
2defined in Section 2 of the Sex Offender Registration Act, the 
3defendant's driver's license or permit shall be subject to 
4renewal on an annual basis in accordance with the provisions of 
5license renewal established by the Secretary of State.


6(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; 
7100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)


8 (730 ILCS 5/5-5-3.2)



9 Sec. 5-5-3.2. Factors in aggravation and extended-term 
10sentencing. 

11 (a) The following factors shall be accorded weight in favor 
12of
imposing a term of imprisonment or may be considered by the 
13court as reasons
to impose a more severe sentence under Section 
145-8-1 or Article 4.5 of Chapter V:

15  (1) the defendant's conduct caused or threatened 
16 serious harm;

17  (2) the defendant received compensation for committing 
18 the offense;

19  (3) the defendant has a history of prior delinquency or 
20 criminal activity;

21  (4) the defendant, by the duties of his office or by 
22 his position,
was obliged to prevent the particular offense 
23 committed or to bring
the offenders committing it to 
24 justice;

25  (5) the defendant held public office at the time of the 
 
 
HB4067- 243 -LRB101 15932 RLC 65292 b


1 offense,
and the offense related to the conduct of that 
2 office;

3  (6) the defendant utilized his professional reputation 
4 or
position in the community to commit the offense, or to 
5 afford
him an easier means of committing it;

6  (7) the sentence is necessary to deter others from 
7 committing
the same crime;

8  (8) the defendant committed the offense against a 
9 person 60 years of age
or older or such person's property;

10  (9) the defendant committed the offense against a 
11 person who has a physical disability or such person's 
12 property;

13  (10) by reason of another individual's actual or 
14 perceived race, color,
creed, religion, ancestry, gender, 
15 sexual orientation, physical or mental
disability, or 
16 national origin, the defendant committed the offense 
17 against (i)
the person or property
of that individual; (ii) 
18 the person or property of a person who has an
association 
19 with, is married to, or has a friendship with the other 
20 individual;
or (iii) the person or property of a relative 
21 (by blood or marriage) of a
person described in clause (i) 
22 or (ii). For the purposes of this Section,
"sexual 
23 orientation" has the meaning ascribed to it in paragraph 
24 (O-1) of Section 1-103 of the Illinois Human Rights Act;

25  (11) the offense took place in a place of worship or on 
26 the
grounds of a place of worship, immediately prior to, 
 
 
HB4067- 244 -LRB101 15932 RLC 65292 b


1 during or immediately
following worship services. For 
2 purposes of this subparagraph, "place of
worship" shall 
3 mean any church, synagogue or other building, structure or

4 place used primarily for religious worship;

5  (12) the defendant was convicted of a felony committed 
6 while he was
released on bail or his own recognizance 
7 pending trial for a prior felony
and was convicted of such 
8 prior felony, or the defendant was convicted of a
felony 
9 committed while he was serving a period of probation,

10 conditional discharge, or mandatory supervised release 
11 under subsection (d)
of Section 5-8-1
for a prior felony;

12  (13) the defendant committed or attempted to commit a 
13 felony while he
was wearing a bulletproof vest. For the 
14 purposes of this paragraph (13), a
bulletproof vest is any 
15 device which is designed for the purpose of
protecting the 
16 wearer from bullets, shot or other lethal projectiles;

17  (14) the defendant held a position of trust or 
18 supervision such as, but
not limited to, family member as 
19 defined in Section 11-0.1 of the Criminal Code
of 2012, 
20 teacher, scout leader, baby sitter, or day care worker, in

21 relation to a victim under 18 years of age, and the 
22 defendant committed an
offense in violation of Section 
23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
24 11-14.4 except for an offense that involves keeping a place 
25 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

26 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
 
 
HB4067- 245 -LRB101 15932 RLC 65292 b


1 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
2 of 2012
against
that victim;

3  (15) the defendant committed an offense related to the 
4 activities of an
organized gang. For the purposes of this 
5 factor, "organized gang" has the
meaning ascribed to it in 
6 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
7 Act;

8  (16) the defendant committed an offense in violation of 
9 one of the
following Sections while in a school, regardless 
10 of the time of day or time of
year; on any conveyance 
11 owned, leased, or contracted by a school to transport

12 students to or from school or a school related activity; on 
13 the real property
of a school; or on a public way within 
14 1,000 feet of the real property
comprising any school: 
15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
18 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
19 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
20 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
21 Criminal Code of 2012;

22  (16.5) the defendant committed an offense in violation 
23 of one of the
following Sections while in a day care 
24 center, regardless of the time of day or
time of year; on 
25 the real property of a day care center, regardless of the 
26 time
of day or time of year; or on a public
way within 
 
 
HB4067- 246 -LRB101 15932 RLC 65292 b


1 1,000 feet of the real property comprising any day care 
2 center,
regardless of the time of day or time of year:

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 or the 
9 Criminal Code of 2012;

10  (17) the defendant committed the offense by reason of 
11 any person's
activity as a community policing volunteer or 
12 to prevent any person from
engaging in activity as a 
13 community policing volunteer. For the purpose of
this 
14 Section, "community policing volunteer" has the meaning 
15 ascribed to it in
Section 2-3.5 of the Criminal Code of 
16 2012;

17  (18) the defendant committed the offense in a nursing 
18 home or on the
real
property comprising a nursing home. For 
19 the purposes of this paragraph (18),
"nursing home" means a 
20 skilled nursing
or intermediate long term care facility 
21 that is subject to license by the
Illinois Department of 
22 Public Health under the Nursing Home Care
Act, the 
23 Specialized Mental Health Rehabilitation Act of 2013, the 
24 ID/DD Community Care Act, or the MC/DD Act;

25  (19) the defendant was a federally licensed firearm 
26 dealer
and
was
previously convicted of a violation of 
 
 
HB4067- 247 -LRB101 15932 RLC 65292 b


1 subsection (a) of Section 3 of the
Firearm Owners 
2 Identification Card Act before its repeal by this 
3 amendatory Act of the 101st General Assembly and has now 
4 committed either a felony
violation
of the Firearm Owners 
5 Identification Card Act or an act of armed violence while

6 armed
with a firearm;
7  (20) the defendant (i) committed the offense of 
8 reckless homicide under Section 9-3 of the Criminal Code of 
9 1961 or the Criminal Code of 2012 or the offense of driving 
10 under the influence of alcohol, other drug or
drugs, 
11 intoxicating compound or compounds or any combination 
12 thereof under Section 11-501 of the Illinois Vehicle Code 
13 or a similar provision of a local ordinance and (ii) was 
14 operating a motor vehicle in excess of 20 miles per hour 
15 over the posted speed limit as provided in Article VI of 
16 Chapter 11 of the Illinois Vehicle Code;


17  (21) the defendant (i) committed the offense of 
18 reckless driving or aggravated reckless driving under 
19 Section 11-503 of the Illinois Vehicle Code and (ii) was 
20 operating a motor vehicle in excess of 20 miles per hour 
21 over the posted speed limit as provided in Article VI of 
22 Chapter 11 of the Illinois Vehicle Code;
23  (22) the defendant committed the offense against a 
24 person that the defendant knew, or reasonably should have 
25 known, was a member of the Armed Forces of the United 
26 States serving on active duty. For purposes of this clause 
 
 
HB4067- 248 -LRB101 15932 RLC 65292 b


1 (22), the term "Armed Forces" means any of the Armed Forces 
2 of the United States, including a member of any reserve 
3 component thereof or National Guard unit called to active 
4 duty;

5  (23)
the defendant committed the offense against a 
6 person who was elderly or infirm or who was a person with a 
7 disability by taking advantage of a family or fiduciary 
8 relationship with the elderly or infirm person or person 
9 with a disability;

10  (24)
the defendant committed any offense under Section 
11 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
12 of 2012 and possessed 100 or more images;

13  (25) the defendant committed the offense while the 
14 defendant or the victim was in a train, bus, or other 
15 vehicle used for public transportation;
16  (26) the defendant committed the offense of child 
17 pornography or aggravated child pornography, specifically 
18 including paragraph (1), (2), (3), (4), (5), or (7) of 
19 subsection (a) of Section 11-20.1 of the Criminal Code of 
20 1961 or the Criminal Code of 2012 where a child engaged in, 
21 solicited for, depicted in, or posed in any act of sexual 
22 penetration or bound, fettered, or subject to sadistic, 
23 masochistic, or sadomasochistic abuse in a sexual context 
24 and specifically including paragraph (1), (2), (3), (4), 
25 (5), or (7) of subsection (a) of Section 11-20.1B or 
26 Section 11-20.3 of the Criminal Code of 1961 where a child 
 
 
HB4067- 249 -LRB101 15932 RLC 65292 b


1 engaged in, solicited for, depicted in, or posed in any act 
2 of sexual penetration or bound, fettered, or subject to 
3 sadistic, masochistic, or sadomasochistic abuse in a 
4 sexual context;
5  (27) the defendant committed the offense of first 
6 degree murder, assault, aggravated assault, battery, 
7 aggravated battery, robbery, armed robbery, or aggravated 
8 robbery against a person who was a veteran and the 
9 defendant knew, or reasonably should have known, that the 
10 person was a veteran performing duties as a representative 
11 of a veterans' organization. For the purposes of this 
12 paragraph (27), "veteran" means an Illinois resident who 
13 has served as a member of the United States Armed Forces, a 
14 member of the Illinois National Guard, or a member of the 
15 United States Reserve Forces; and "veterans' organization" 
16 means an organization comprised of members of
which 
17 substantially all are individuals who are veterans or 
18 spouses,
widows, or widowers of veterans, the primary 
19 purpose of which is to
promote the welfare of its members 
20 and to provide assistance to the general
public in such a 
21 way as to confer a public benefit; 
22  (28) the defendant committed the offense of assault, 
23 aggravated assault, battery, aggravated battery, robbery, 
24 armed robbery, or aggravated robbery against a person that 
25 the defendant knew or reasonably should have known was a 
26 letter carrier or postal worker while that person was 
 
 
HB4067- 250 -LRB101 15932 RLC 65292 b


1 performing his or her duties delivering mail for the United 
2 States Postal Service;
3  (29) the defendant committed the offense of criminal 
4 sexual assault, aggravated criminal sexual assault, 
5 criminal sexual abuse, or aggravated criminal sexual abuse 
6 against a victim with an intellectual disability, and the 
7 defendant holds a position of trust, authority, or 
8 supervision in relation to the victim;
9  (30) the defendant committed the offense of promoting 
10 juvenile prostitution, patronizing a prostitute, or 
11 patronizing a minor engaged in prostitution and at the time 
12 of the commission of the offense knew that the prostitute 
13 or minor engaged in prostitution was in the custody or 
14 guardianship of the Department of Children and Family 
15 Services;
16  (31) the defendant (i) committed the offense of driving 
17 while under the influence of alcohol, other drug or drugs, 
18 intoxicating compound or compounds or any combination 
19 thereof in violation of Section 11-501 of the Illinois 
20 Vehicle Code or a similar provision of a local ordinance 
21 and (ii) the defendant during the commission of the offense 
22 was driving his or her vehicle upon a roadway designated 
23 for one-way traffic in the opposite direction of the 
24 direction indicated by official traffic control devices; 
25 or 
26  (32) the defendant committed the offense of reckless 
 
 
HB4067- 251 -LRB101 15932 RLC 65292 b


1 homicide while committing a violation of Section 11-907 of 
2 the Illinois Vehicle Code; . 
3  (33) (32) the defendant was found guilty of an 
4 administrative infraction related to an act or acts of 
5 public indecency or sexual misconduct in the penal 
6 institution. In this paragraph (33) (32), "penal 
7 institution" has the same meaning as in Section 2-14 of the 
8 Criminal Code of 2012; or .
9  (34) (32) the defendant committed the offense of 
10 leaving the scene of an accident in violation of subsection 
11 (b) of Section 11-401 of the Illinois Vehicle Code and the 
12 accident resulted in the death of a person and at the time 
13 of the offense, the defendant was: (i) driving under the 
14 influence of alcohol, other drug or drugs, intoxicating 
15 compound or compounds or any combination thereof as defined 
16 by Section 11-501 of the Illinois Vehicle Code; or (ii) 
17 operating the motor vehicle while using an electronic 
18 communication device as defined in Section 12-610.2 of the 
19 Illinois Vehicle Code. 
20 For the purposes of this Section:

21 "School" is defined as a public or private
elementary or 
22secondary school, community college, college, or university.

23 "Day care center" means a public or private State certified 
24and
licensed day care center as defined in Section 2.09 of the 
25Child Care Act of
1969 that displays a sign in plain view 
26stating that the
property is a day care center.

 
 
HB4067- 252 -LRB101 15932 RLC 65292 b


1 "Intellectual disability" means significantly subaverage 
2intellectual functioning which exists concurrently
with 
3impairment in adaptive behavior. 
4 "Public transportation" means the transportation
or 
5conveyance of persons by means available to the general public, 
6and includes paratransit services.
7 "Traffic control devices" means all signs, signals, 
8markings, and devices that conform to the Illinois Manual on 
9Uniform Traffic Control Devices, placed or erected by authority 
10of a public body or official having jurisdiction, for the 
11purpose of regulating, warning, or guiding traffic. 
12 (b) The following factors, related to all felonies, may be 
13considered by the court as
reasons to impose an extended term 
14sentence under Section 5-8-2
upon any offender:

15  (1) When a defendant is convicted of any felony, after 
16 having
been previously convicted in Illinois or any other 
17 jurisdiction of the
same or similar class felony or greater 
18 class felony, when such conviction
has occurred within 10 
19 years after the
previous conviction, excluding time spent 
20 in custody, and such charges are
separately brought and 
21 tried and arise out of different series of acts; or

22  (2) When a defendant is convicted of any felony and the 
23 court
finds that the offense was accompanied by 
24 exceptionally brutal
or heinous behavior indicative of 
25 wanton cruelty; or

26  (3) When a defendant is convicted of any felony 
 
 
HB4067- 253 -LRB101 15932 RLC 65292 b


1 committed against:

2   (i) a person under 12 years of age at the time of 
3 the offense or such
person's property;

4   (ii) a person 60 years of age or older at the time 
5 of the offense or
such person's property; or

6   (iii) a person who had a physical disability at the 
7 time of the offense or
such person's property; or

8  (4) When a defendant is convicted of any felony and the 
9 offense
involved any of the following types of specific 
10 misconduct committed as
part of a ceremony, rite, 
11 initiation, observance, performance, practice or
activity 
12 of any actual or ostensible religious, fraternal, or social 
13 group:

14   (i) the brutalizing or torturing of humans or 
15 animals;

16   (ii) the theft of human corpses;

17   (iii) the kidnapping of humans;

18   (iv) the desecration of any cemetery, religious, 
19 fraternal, business,
governmental, educational, or 
20 other building or property; or

21   (v) ritualized abuse of a child; or

22  (5) When a defendant is convicted of a felony other 
23 than conspiracy and
the court finds that
the felony was 
24 committed under an agreement with 2 or more other persons

25 to commit that offense and the defendant, with respect to 
26 the other
individuals, occupied a position of organizer, 
 
 
HB4067- 254 -LRB101 15932 RLC 65292 b


1 supervisor, financier, or any
other position of management 
2 or leadership, and the court further finds that
the felony 
3 committed was related to or in furtherance of the criminal

4 activities of an organized gang or was motivated by the 
5 defendant's leadership
in an organized gang; or

6  (6) When a defendant is convicted of an offense 
7 committed while using a firearm with a
laser sight attached 
8 to it. For purposes of this paragraph, "laser sight"
has 
9 the meaning ascribed to it in Section 26-7 of the Criminal 
10 Code of
2012; or

11  (7) When a defendant who was at least 17 years of age 
12 at the
time of
the commission of the offense is convicted 
13 of a felony and has been previously
adjudicated a 
14 delinquent minor under the Juvenile Court Act of 1987 for 
15 an act
that if committed by an adult would be a Class X or 
16 Class 1 felony when the
conviction has occurred within 10 
17 years after the previous adjudication,
excluding time 
18 spent in custody; or

19  (8) When a defendant commits any felony and the 
20 defendant used, possessed, exercised control over, or 
21 otherwise directed an animal to assault a law enforcement 
22 officer engaged in the execution of his or her official 
23 duties or in furtherance of the criminal activities of an 
24 organized gang in which the defendant is engaged; or


25  (9) When a defendant commits any felony and the 
26 defendant knowingly video or audio records the offense with 
 
 
HB4067- 255 -LRB101 15932 RLC 65292 b


1 the intent to disseminate the recording. 
2 (c) The following factors may be considered by the court as 
3reasons to impose an extended term sentence under Section 5-8-2 
4(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
5  (1) When a defendant is convicted of first degree 
6 murder, after having been previously convicted in Illinois 
7 of any offense listed under paragraph (c)(2) of Section 
8 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
9 within 10 years after the previous conviction, excluding 
10 time spent in custody, and the charges are separately 
11 brought and tried and arise out of different series of 
12 acts.
13  (1.5) When a defendant is convicted of first degree 
14 murder, after having been previously convicted of domestic 
15 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
16 (720 ILCS 5/12-3.3) committed on the same victim or after 
17 having been previously convicted of violation of an order 
18 of protection (720 ILCS 5/12-30) in which the same victim 
19 was the protected person. 
20  (2) When a defendant is convicted of voluntary 
21 manslaughter, second degree murder, involuntary 
22 manslaughter, or reckless homicide in which the defendant 
23 has been convicted of causing the death of more than one 
24 individual.
25  (3) When a defendant is convicted of aggravated 
26 criminal sexual assault or criminal sexual assault, when 
 
 
HB4067- 256 -LRB101 15932 RLC 65292 b


1 there is a finding that aggravated criminal sexual assault 
2 or criminal sexual assault was also committed on the same 
3 victim by one or more other individuals, and the defendant 
4 voluntarily participated in the crime with the knowledge of 
5 the participation of the others in the crime, and the 
6 commission of the crime was part of a single course of 
7 conduct during which there was no substantial change in the 
8 nature of the criminal objective.
9  (4) If the victim was under 18 years of age at the time 
10 of the commission of the offense, when a defendant is 
11 convicted of aggravated criminal sexual assault or 
12 predatory criminal sexual assault of a child under 
13 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
14 of Section 12-14.1 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
16  (5) When a defendant is convicted of a felony violation 
17 of Section 24-1 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
19 finding that the defendant is a member of an organized 
20 gang.
21  (6) When a defendant was convicted of unlawful use of 
22 weapons under Section 24-1 of the Criminal Code of 1961 or 
23 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
24 a weapon that is not readily distinguishable as one of the 
25 weapons enumerated in Section 24-1 of the Criminal Code of 
26 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
 
 
HB4067- 257 -LRB101 15932 RLC 65292 b


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  (8) When the defendant is convicted of attempted mob 
21 action, solicitation to commit mob action, or conspiracy to 
22 commit mob action under Section 8-1, 8-2, or 8-4 of the 
23 Criminal Code of 2012, where the criminal object is a 
24 violation of Section 25-1 of the Criminal Code of 2012, and 
25 an electronic communication is used in the commission of 
26 the offense. For the purposes of this paragraph (8), 
 
 
HB4067- 258 -LRB101 15932 RLC 65292 b


1 "electronic communication" shall have the meaning provided 
2 in Section 26.5-0.1 of the Criminal Code of 2012. 
3 (d) For the purposes of this Section, "organized gang" has 
4the meaning
ascribed to it in Section 10 of the Illinois 
5Streetgang Terrorism Omnibus
Prevention Act.

6 (e) The court may impose an extended term sentence under 
7Article 4.5 of Chapter V upon an offender who has been 
8convicted of a felony violation of Section 11-1.20, 11-1.30, 
911-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1012-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
11when the victim of the offense is under 18 years of age at the 
12time of the commission of the offense and, during the 
13commission of the offense, the victim was under the influence 
14of alcohol, regardless of whether or not the alcohol was 
15supplied by the offender; and the offender, at the time of the 
16commission of the offense, knew or should have known that the 
17victim had consumed alcohol. 
18(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; 
19101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)

20 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
21 Sec. 5-6-3. Conditions of probation and of conditional 
22discharge.

23 (a) The conditions of probation and of conditional 
24discharge shall be
that the person:


25  (1) not violate any criminal statute of any 
 
 
HB4067- 259 -LRB101 15932 RLC 65292 b


1 jurisdiction;


2  (2) report to or appear in person before such person or 
3 agency as
directed by the court;


4  (3) refrain from possessing a firearm or other 
5 dangerous weapon where the offense is a felony or, if a 
6 misdemeanor, the offense involved the intentional or 
7 knowing infliction of bodily harm or threat of bodily harm;


8  (4) not leave the State without the consent of the 
9 court or, in
circumstances in which the reason for the 
10 absence is of such an emergency
nature that prior consent 
11 by the court is not possible, without the prior

12 notification and approval of the person's probation

13 officer. Transfer of a person's probation or conditional 
14 discharge
supervision to another state is subject to 
15 acceptance by the other state
pursuant to the Interstate 
16 Compact for Adult Offender Supervision;


17  (5) permit the probation officer to visit
him at his 
18 home or elsewhere
to the extent necessary to discharge his 
19 duties;


20  (6) perform no less than 30 hours of community service 
21 and not more than
120 hours of community service, if 
22 community service is available in the
jurisdiction and is 
23 funded and approved by the county board where the offense

24 was committed, where the offense was related to or in 
25 furtherance of the
criminal activities of an organized gang 
26 and was motivated by the offender's
membership in or 
 
 
HB4067- 260 -LRB101 15932 RLC 65292 b


1 allegiance to an organized gang. The community service 
2 shall
include, but not be limited to, the cleanup and 
3 repair of any damage caused by
a violation of Section 
4 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
5 2012 and similar damage
to property located within the 
6 municipality or county in which the violation
occurred. 
7 When possible and reasonable, the community service should 
8 be
performed in the offender's neighborhood. For purposes 
9 of this Section,
"organized gang" has the meaning ascribed 
10 to it in Section 10 of the Illinois
Streetgang Terrorism 
11 Omnibus Prevention Act. The court may give credit toward 
12 the fulfillment of community service hours for 
13 participation in activities and treatment as determined by 
14 court services;


15  (7) if he or she is at least 17 years of age and has 
16 been sentenced to
probation or conditional discharge for a 
17 misdemeanor or felony in a county of
3,000,000 or more 
18 inhabitants and has not been previously convicted of a

19 misdemeanor or felony, may be required by the sentencing 
20 court to attend
educational courses designed to prepare the 
21 defendant for a high school diploma
and to work toward a 
22 high school diploma or to work toward passing high school 
23 equivalency testing or to work toward
completing a 
24 vocational training program approved by the court. The 
25 person on
probation or conditional discharge must attend a 
26 public institution of
education to obtain the educational 
 
 
HB4067- 261 -LRB101 15932 RLC 65292 b


1 or vocational training required by this paragraph
(7). The 
2 court shall revoke the probation or conditional discharge 
3 of a
person who wilfully fails to comply with this 
4 paragraph (7). The person on
probation or conditional 
5 discharge shall be required to pay for the cost of the

6 educational courses or high school equivalency testing if a 
7 fee is charged for those courses or testing. The court 
8 shall resentence the offender whose probation or 
9 conditional
discharge has been revoked as provided in 
10 Section 5-6-4. This paragraph (7) does
not apply to a 
11 person who has a high school diploma or has successfully 
12 passed high school equivalency testing. This paragraph (7) 
13 does not apply to a person who is determined by
the court 
14 to be a person with a developmental disability or otherwise 
15 mentally incapable of
completing the educational or 
16 vocational program;


17  (8) if convicted of possession of a substance 
18 prohibited
by the Cannabis Control Act, the Illinois 
19 Controlled Substances Act, or the Methamphetamine Control 
20 and Community Protection Act
after a previous conviction or 
21 disposition of supervision for possession of a
substance 
22 prohibited by the Cannabis Control Act or Illinois 
23 Controlled
Substances Act or after a sentence of probation 
24 under Section 10 of the
Cannabis
Control Act, Section 410 
25 of the Illinois Controlled Substances Act, or Section 70 of 
26 the Methamphetamine Control and Community Protection Act 
 
 
HB4067- 262 -LRB101 15932 RLC 65292 b


1 and upon a
finding by the court that the person is 
2 addicted, undergo treatment at a
substance abuse program 
3 approved by the court;


4  (8.5) if convicted of a felony sex offense as defined 
5 in the Sex
Offender
Management Board Act, the person shall 
6 undergo and successfully complete sex
offender treatment 
7 by a treatment provider approved by the Board and conducted

8 in conformance with the standards developed under the Sex

9 Offender Management Board Act;

10  (8.6) if convicted of a sex offense as defined in the 
11 Sex Offender Management Board Act, refrain from residing at 
12 the same address or in the same condominium unit or 
13 apartment unit or in the same condominium complex or 
14 apartment complex with another person he or she knows or 
15 reasonably should know is a convicted sex offender or has 
16 been placed on supervision for a sex offense; the 
17 provisions of this paragraph do not apply to a person 
18 convicted of a sex offense who is placed in a Department of 
19 Corrections licensed transitional housing facility for sex 
20 offenders;
21  (8.7) if convicted for an offense committed on or after 
22 June 1, 2008 (the effective date of Public Act 95-464) that 
23 would qualify the accused as a child sex offender as 
24 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
25 1961 or the Criminal Code of 2012, refrain from 
26 communicating with or contacting, by means of the Internet, 
 
 
HB4067- 263 -LRB101 15932 RLC 65292 b


1 a person who is not related to the accused and whom the 
2 accused reasonably believes to be under 18 years of age; 
3 for purposes of this paragraph (8.7), "Internet" has the 
4 meaning ascribed to it in Section 16-0.1 of the Criminal 
5 Code of 2012; and a person is not related to the accused if 
6 the person is not: (i) the spouse, brother, or sister of 
7 the accused; (ii) a descendant of the accused; (iii) a 
8 first or second cousin of the accused; or (iv) a step-child 
9 or adopted child of the accused;
10  (8.8) if convicted for an offense under Section 11-6, 
11 11-9.1, 11-14.4 that involves soliciting for a juvenile 
12 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
13 of the Criminal Code of 1961 or the Criminal Code of 2012, 
14 or any attempt to commit any of these offenses, committed 
15 on or after June 1, 2009 (the effective date of Public Act 
16 95-983):
17   (i) not access or use a computer or any other 
18 device with Internet capability without the prior 
19 written approval of the offender's probation officer, 
20 except in connection with the offender's employment or 
21 search for employment with the prior approval of the 
22 offender's probation officer;
23   (ii) submit to periodic unannounced examinations 
24 of the offender's computer or any other device with 
25 Internet capability by the offender's probation 
26 officer, a law enforcement officer, or assigned 
 
 
HB4067- 264 -LRB101 15932 RLC 65292 b


1 computer or information technology specialist, 
2 including the retrieval and copying of all data from 
3 the computer or device and any internal or external 
4 peripherals and removal of such information, 
5 equipment, or device to conduct a more thorough 
6 inspection;
7   (iii) submit to the installation on the offender's 
8 computer or device with Internet capability, at the 
9 offender's expense, of one or more hardware or software 
10 systems to monitor the Internet use; and
11   (iv) submit to any other appropriate restrictions 
12 concerning the offender's use of or access to a 
13 computer or any other device with Internet capability 
14 imposed by the offender's probation officer; 
15  (8.9) if convicted of a sex offense as defined in the 
16 Sex Offender
Registration Act committed on or after January 
17 1, 2010 (the effective date of Public Act 96-262), refrain 
18 from accessing or using a social networking website as 
19 defined in Section 17-0.5 of the Criminal Code of 2012;

20  (9) if convicted of a felony or of any misdemeanor 
21 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
22 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
23 2012 that was determined, pursuant to Section 112A-11.1 of 
24 the Code of Criminal Procedure of 1963, to trigger the 
25 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
26 at a time and place
designated by the court, his or her 
 
 
HB4067- 265 -LRB101 15932 RLC 65292 b


1 Firearm
Owner's Identification Card and
any and all 
2 firearms in
his or her possession. The Court shall return 
3 to the Department of State Police Firearm Owner's 
4 Identification Card Office the person's Firearm Owner's 
5 Identification Card;


6  (10) if convicted of a sex offense as defined in 
7 subsection (a-5) of Section 3-1-2 of this Code, unless the 
8 offender is a parent or guardian of the person under 18 
9 years of age present in the home and no non-familial minors 
10 are present, not participate in a holiday event involving 
11 children under 18 years of age, such as distributing candy 
12 or other items to children on Halloween, wearing a Santa 
13 Claus costume on or preceding Christmas, being employed as 
14 a department store Santa Claus, or wearing an Easter Bunny 
15 costume on or preceding Easter; 
16  (11) if convicted of a sex offense as defined in 
17 Section 2 of the Sex Offender Registration Act committed on 
18 or after January 1, 2010 (the effective date of Public Act 
19 96-362) that requires the person to register as a sex 
20 offender under that Act, may not knowingly use any computer 
21 scrub software on any computer that the sex offender uses; 
22  (12) if convicted of a violation of the Methamphetamine 
23 Control and Community Protection Act, the Methamphetamine

24 Precursor Control Act, or a methamphetamine related 
25 offense:
26   (A) prohibited from purchasing, possessing, or 
 
 
HB4067- 266 -LRB101 15932 RLC 65292 b


1 having under his or her control any product containing 
2 pseudoephedrine unless prescribed by a physician; and
3   (B) prohibited from purchasing, possessing, or 
4 having under his or her control any product containing 
5 ammonium nitrate; and
6  (13) if convicted of a hate crime involving the 
7 protected class identified in subsection (a) of Section 
8 12-7.1 of the Criminal Code of 2012 that gave rise to the 
9 offense the offender committed, perform public or 
10 community service of no less than 200 hours and enroll in 
11 an educational program discouraging hate crimes that 
12 includes racial, ethnic, and cultural sensitivity training 
13 ordered by the court. 
14 (b) The Court may in addition to other reasonable 
15conditions relating to the
nature of the offense or the 
16rehabilitation of the defendant as determined for
each 
17defendant in the proper discretion of the Court require that 
18the person:


19  (1) serve a term of periodic imprisonment under Article 
20 7 for a
period not to exceed that specified in paragraph 
21 (d) of Section 5-7-1;


22  (2) pay a fine and costs;


23  (3) work or pursue a course of study or vocational 
24 training;


25  (4) undergo medical, psychological or psychiatric 
26 treatment; or treatment
for drug addiction or alcoholism;


 
 
HB4067- 267 -LRB101 15932 RLC 65292 b


1  (5) attend or reside in a facility established for the 
2 instruction
or residence of defendants on probation;


3  (6) support his dependents;


4  (7) and in addition, if a minor:


5   (i) reside with his parents or in a foster home;


6   (ii) attend school;


7   (iii) attend a non-residential program for youth;


8   (iv) contribute to his own support at home or in a 
9 foster home;


10   (v) with the consent of the superintendent of the

11 facility, attend an educational program at a facility 
12 other than the school
in which the
offense was 
13 committed if he
or she is convicted of a crime of 
14 violence as
defined in
Section 2 of the Crime Victims 
15 Compensation Act committed in a school, on the
real

16 property
comprising a school, or within 1,000 feet of 
17 the real property comprising a
school;


18  (8) make restitution as provided in Section 5-5-6 of 
19 this Code;


20  (9) perform some reasonable public or community 
21 service;


22  (10) serve a term of home confinement. In addition to 
23 any other
applicable condition of probation or conditional 
24 discharge, the
conditions of home confinement shall be that 
25 the offender:


26   (i) remain within the interior premises of the 
 
 
HB4067- 268 -LRB101 15932 RLC 65292 b


1 place designated for
his confinement during the hours 
2 designated by the court;


3   (ii) admit any person or agent designated by the 
4 court into the
offender's place of confinement at any 
5 time for purposes of verifying
the offender's 
6 compliance with the conditions of his confinement; and


7   (iii) if further deemed necessary by the court or 
8 the
Probation or
Court Services Department, be placed 
9 on an approved
electronic monitoring device, subject 
10 to Article 8A of Chapter V;


11   (iv) for persons convicted of any alcohol, 
12 cannabis or controlled
substance violation who are 
13 placed on an approved monitoring device as a
condition 
14 of probation or conditional discharge, the court shall 
15 impose a
reasonable fee for each day of the use of the 
16 device, as established by the
county board in 
17 subsection (g) of this Section, unless after 
18 determining the
inability of the offender to pay the 
19 fee, the court assesses a lesser fee or no
fee as the 
20 case may be. This fee shall be imposed in addition to 
21 the fees
imposed under subsections (g) and (i) of this 
22 Section. The fee shall be
collected by the clerk of the 
23 circuit court, except as provided in an administrative 
24 order of the Chief Judge of the circuit court. The 
25 clerk of the circuit
court shall pay all monies 
26 collected from this fee to the county treasurer
for 
 
 
HB4067- 269 -LRB101 15932 RLC 65292 b


1 deposit in the substance abuse services fund under 
2 Section 5-1086.1 of
the Counties Code, except as 
3 provided in an administrative order of the Chief Judge 
4 of the circuit court.
5   The Chief Judge of the circuit court of the county 
6 may by administrative order establish a program for 
7 electronic monitoring of offenders, in which a vendor 
8 supplies and monitors the operation of the electronic 
9 monitoring device, and collects the fees on behalf of 
10 the county. The program shall include provisions for 
11 indigent offenders and the collection of unpaid fees. 
12 The program shall not unduly burden the offender and 
13 shall be subject to review by the Chief Judge.
14   The Chief Judge of the circuit court may suspend 
15 any additional charges or fees for late payment, 
16 interest, or damage to any device; and


17   (v) for persons convicted of offenses other than 
18 those referenced in
clause (iv) above and who are 
19 placed on an approved monitoring device as a
condition 
20 of probation or conditional discharge, the court shall 
21 impose
a reasonable fee for each day of the use of the 
22 device, as established by the
county board in 
23 subsection (g) of this Section, unless after 
24 determining the
inability of the defendant to pay the 
25 fee, the court assesses a lesser fee or
no fee as the 
26 case may be. This fee shall be imposed in addition to 
 
 
HB4067- 270 -LRB101 15932 RLC 65292 b


1 the fees
imposed under subsections (g) and (i) of this 
2 Section. The fee
shall be collected by the clerk of the 
3 circuit court, except as provided in an administrative 
4 order of the Chief Judge of the circuit court. The 
5 clerk of the circuit
court shall pay all monies 
6 collected from this fee
to the county treasurer who 
7 shall use the monies collected to defray the
costs of 
8 corrections. The county treasurer shall deposit the 
9 fee
collected in the probation and court services fund.

10 The Chief Judge of the circuit court of the county may 
11 by administrative order establish a program for 
12 electronic monitoring of offenders, in which a vendor 
13 supplies and monitors the operation of the electronic 
14 monitoring device, and collects the fees on behalf of 
15 the county. The program shall include provisions for 
16 indigent offenders and the collection of unpaid fees. 
17 The program shall not unduly burden the offender and 
18 shall be subject to review by the Chief Judge. 

19   The Chief Judge of the circuit court may suspend 
20 any additional charges or fees for late payment, 
21 interest, or damage to any device. 
22  (11) comply with the terms and conditions of an order 
23 of protection issued
by the court pursuant to the Illinois 
24 Domestic Violence Act of 1986,
as now or hereafter amended, 
25 or an order of protection issued by the court of
another 
26 state, tribe, or United States territory. A copy of the 
 
 
HB4067- 271 -LRB101 15932 RLC 65292 b


1 order of
protection shall be
transmitted to the probation 
2 officer or agency
having responsibility for the case;


3  (12) reimburse any "local anti-crime program" as 
4 defined in Section 7
of the Anti-Crime Advisory Council Act 
5 for any reasonable expenses incurred
by the program on the 
6 offender's case, not to exceed the maximum amount of
the 
7 fine authorized for the offense for which the defendant was 
8 sentenced;


9  (13) contribute a reasonable sum of money, not to 
10 exceed the maximum
amount of the fine authorized for the

11 offense for which the defendant was sentenced, (i) to a 
12 "local anti-crime
program", as defined in Section 7 of the 
13 Anti-Crime Advisory Council Act, or (ii) for offenses under 
14 the jurisdiction of the Department of Natural Resources, to 
15 the fund established by the Department of Natural Resources 
16 for the purchase of evidence for investigation purposes and 
17 to conduct investigations as outlined in Section 805-105 of 
18 the Department of Natural Resources (Conservation) Law;


19  (14) refrain from entering into a designated 
20 geographic area except upon
such terms as the court finds 
21 appropriate. Such terms may include
consideration of the 
22 purpose of the entry, the time of day, other persons

23 accompanying the defendant, and advance approval by a

24 probation officer, if
the defendant has been placed on 
25 probation or advance approval by the
court, if the 
26 defendant was placed on conditional discharge;


 
 
HB4067- 272 -LRB101 15932 RLC 65292 b


1  (15) refrain from having any contact, directly or 
2 indirectly, with
certain specified persons or particular 
3 types of persons, including but not
limited to members of 
4 street gangs and drug users or dealers;


5  (16) refrain from having in his or her body the 
6 presence of any illicit
drug prohibited by the Cannabis 
7 Control Act, the Illinois Controlled
Substances Act, or the 
8 Methamphetamine Control and Community Protection Act, 
9 unless prescribed by a physician, and submit samples of
his 
10 or her blood or urine or both for tests to determine the 
11 presence of any
illicit drug;

12  (17) if convicted for an offense committed on or after 
13 June 1, 2008 (the effective date of Public Act 95-464) that 
14 would qualify the accused as a child sex offender as 
15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, refrain from 
17 communicating with or contacting, by means of the Internet, 
18 a person who is related to the accused and whom the accused 
19 reasonably believes to be under 18 years of age; for 
20 purposes of this paragraph (17), "Internet" has the meaning 
21 ascribed to it in Section 16-0.1 of the Criminal Code of 
22 2012; and a person is related to the accused if the person 
23 is: (i) the spouse, brother, or sister of the accused; (ii) 
24 a descendant of the accused; (iii) a first or second cousin 
25 of the accused; or (iv) a step-child or adopted child of 
26 the accused;
 
 
HB4067- 273 -LRB101 15932 RLC 65292 b


1  (18) if convicted for an offense committed on or after 
2 June 1, 2009 (the effective date of Public Act 95-983) that 
3 would qualify as a sex offense as defined in the Sex 
4 Offender Registration Act:
5   (i) not access or use a computer or any other 
6 device with Internet capability without the prior 
7 written approval of the offender's probation officer, 
8 except in connection with the offender's employment or 
9 search for employment with the prior approval of the 
10 offender's probation officer;
11   (ii) submit to periodic unannounced examinations 
12 of the offender's computer or any other device with 
13 Internet capability by the offender's probation 
14 officer, a law enforcement officer, or assigned 
15 computer or information technology specialist, 
16 including the retrieval and copying of all data from 
17 the computer or device and any internal or external 
18 peripherals and removal of such information, 
19 equipment, or device to conduct a more thorough 
20 inspection;
21   (iii) submit to the installation on the offender's 
22 computer or device with Internet capability, at the 
23 subject's expense, of one or more hardware or software 
24 systems to monitor the Internet use; and
25   (iv) submit to any other appropriate restrictions 
26 concerning the offender's use of or access to a 
 
 
HB4067- 274 -LRB101 15932 RLC 65292 b


1 computer or any other device with Internet capability 
2 imposed by the offender's probation officer; and 
3  (19) refrain from possessing a firearm or other 
4 dangerous weapon where the offense is a misdemeanor that 
5 did not involve the intentional or knowing infliction of 
6 bodily harm or threat of bodily harm. 
7 (c) The court may as a condition of probation or of 
8conditional
discharge require that a person under 18 years of 
9age found guilty of any
alcohol, cannabis or controlled 
10substance violation, refrain from acquiring
a driver's license 
11during
the period of probation or conditional discharge. If 
12such person
is in possession of a permit or license, the court 
13may require that
the minor refrain from driving or operating 
14any motor vehicle during the
period of probation or conditional 
15discharge, except as may be necessary in
the course of the 
16minor's lawful employment.


17 (d) An offender sentenced to probation or to conditional 
18discharge
shall be given a certificate setting forth the 
19conditions thereof.


20 (e) Except where the offender has committed a fourth or 
21subsequent
violation of subsection (c) of Section 6-303 of the 
22Illinois Vehicle Code,
the court shall not require as a 
23condition of the sentence of
probation or conditional discharge 
24that the offender be committed to a
period of imprisonment in 
25excess of 6 months.
This 6-month limit shall not include 
26periods of confinement given pursuant to
a sentence of county 
 
 
HB4067- 275 -LRB101 15932 RLC 65292 b


1impact incarceration under Section 5-8-1.2.

2 Persons committed to imprisonment as a condition of 
3probation or
conditional discharge shall not be committed to 
4the Department of
Corrections.


5 (f) The court may combine a sentence of periodic 
6imprisonment under
Article 7 or a sentence to a county impact 
7incarceration program under
Article 8 with a sentence of 
8probation or conditional discharge.


9 (g) An offender sentenced to probation or to conditional 
10discharge and
who during the term of either undergoes mandatory 
11drug or alcohol testing,
or both, or is assigned to be placed 
12on an approved electronic monitoring
device, shall be ordered 
13to pay all costs incidental to such mandatory drug
or alcohol 
14testing, or both, and all costs
incidental to such approved 
15electronic monitoring in accordance with the
defendant's 
16ability to pay those costs. The county board with
the 
17concurrence of the Chief Judge of the judicial
circuit in which 
18the county is located shall establish reasonable fees for
the 
19cost of maintenance, testing, and incidental expenses related 
20to the
mandatory drug or alcohol testing, or both, and all 
21costs incidental to
approved electronic monitoring, involved 
22in a successful probation program
for the county. The 
23concurrence of the Chief Judge shall be in the form of
an 
24administrative order.
The fees shall be collected by the clerk 
25of the circuit court, except as provided in an administrative 
26order of the Chief Judge of the circuit court. The clerk of
the 
 
 
HB4067- 276 -LRB101 15932 RLC 65292 b


1circuit court shall pay all moneys collected from these fees to 
2the county
treasurer who shall use the moneys collected to 
3defray the costs of
drug testing, alcohol testing, and 
4electronic monitoring.
The county treasurer shall deposit the 
5fees collected in the
county working cash fund under Section 
66-27001 or Section 6-29002 of the
Counties Code, as the case 
7may be.
The Chief Judge of the circuit court of the county may 
8by administrative order establish a program for electronic 
9monitoring of offenders, in which a vendor supplies and 
10monitors the operation of the electronic monitoring device, and 
11collects the fees on behalf of the county. The program shall 
12include provisions for indigent offenders and the collection of 
13unpaid fees. The program shall not unduly burden the offender 
14and shall be subject to review by the Chief Judge. 

15 The Chief Judge of the circuit court may suspend any 
16additional charges or fees for late payment, interest, or 
17damage to any device. 
18 (h) Jurisdiction over an offender may be transferred from 
19the
sentencing court to the court of another circuit with the 
20concurrence of
both courts. Further transfers or retransfers of

21jurisdiction are also
authorized in the same manner. The court 
22to which jurisdiction has been
transferred shall have the same 
23powers as the sentencing court.
The probation department within 
24the circuit to which jurisdiction has been transferred, or 
25which has agreed to provide supervision, may impose probation 
26fees upon receiving the transferred offender, as provided in 
 
 
HB4067- 277 -LRB101 15932 RLC 65292 b


1subsection (i). For all transfer cases, as defined in Section 
29b of the Probation and Probation Officers Act, the probation 
3department from the original sentencing court shall retain all 
4probation fees collected prior to the transfer. After the 
5transfer,
all probation fees shall be paid to the probation 
6department within the
circuit to which jurisdiction has been 
7transferred.

8 (i) The court shall impose upon an offender
sentenced to 
9probation after January 1, 1989 or to conditional discharge

10after January 1, 1992 or to community service under the 
11supervision of a
probation or court services department after 
12January 1, 2004, as a condition of such probation or 
13conditional
discharge or supervised community service, a fee of 
14$50
for each month of probation or
conditional
discharge 
15supervision or supervised community service ordered by the 
16court, unless after
determining the inability of the person 
17sentenced to probation or conditional
discharge or supervised 
18community service to pay the
fee, the court assesses a lesser 
19fee. The court may not impose the fee on a
minor who is placed 
20in the guardianship or custody of the Department of Children 
21and Family Services under the Juvenile Court Act of 1987
while 
22the minor is in placement.
The fee shall be imposed only upon

23an offender who is actively supervised by the
probation and 
24court services
department. The fee shall be collected by the 
25clerk
of the circuit court. The clerk of the circuit court 
26shall pay all monies
collected from this fee to the county 
 
 
HB4067- 278 -LRB101 15932 RLC 65292 b


1treasurer for deposit in the
probation and court services fund 
2under Section 15.1 of the
Probation and Probation Officers Act.

3 A circuit court may not impose a probation fee under this 
4subsection (i) in excess of $25
per month unless the circuit 
5court has adopted, by administrative
order issued by the chief 
6judge, a standard probation fee guide
determining an offender's 
7ability to pay. Of the
amount collected as a probation fee, up 
8to $5 of that fee
collected per month may be used to provide 
9services to crime victims
and their families.
10 The Court may only waive probation fees based on an 
11offender's ability to pay. The probation department may 
12re-evaluate an offender's ability to pay every 6 months, and, 
13with the approval of the Director of Court Services or the 
14Chief Probation Officer, adjust the monthly fee amount. An 
15offender may elect to pay probation fees due in a lump sum.
Any 
16offender that has been assigned to the supervision of a 
17probation department, or has been transferred either under 
18subsection (h) of this Section or under any interstate compact, 
19shall be required to pay probation fees to the department 
20supervising the offender, based on the offender's ability to 
21pay.


22 Public Act 93-970 deletes the $10 increase in the fee under 
23this subsection that was imposed by Public Act 93-616. This 
24deletion is intended to control over any other Act of the 93rd 
25General Assembly that retains or incorporates that fee 
26increase.
 
 
HB4067- 279 -LRB101 15932 RLC 65292 b


1 (i-5) In addition to the fees imposed under subsection (i) 
2of this Section, in the case of an offender convicted of a 
3felony sex offense (as defined in the Sex Offender Management 
4Board Act) or an offense that the court or probation department 
5has determined to be sexually motivated (as defined in the Sex 
6Offender Management Board Act), the court or the probation 
7department shall assess additional fees to pay for all costs of 
8treatment, assessment, evaluation for risk and treatment, and 
9monitoring the offender, based on that offender's ability to 
10pay those costs either as they occur or under a payment plan.
11 (j) All fines and costs imposed under this Section for any 
12violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
13Code, or a similar
provision of a local ordinance, and any 
14violation of the Child Passenger
Protection Act, or a similar 
15provision of a local ordinance, shall be
collected and 
16disbursed by the circuit clerk as provided under the Criminal 
17and Traffic Assessment Act.


18 (k) Any offender who is sentenced to probation or 
19conditional discharge for a felony sex offense as defined in 
20the Sex Offender Management Board Act or any offense that the 
21court or probation department has determined to be sexually 
22motivated as defined in the Sex Offender Management Board Act 
23shall be required to refrain from any contact, directly or 
24indirectly, with any persons specified by the court and shall 
25be available for all evaluations and treatment programs 
26required by the court or the probation department.

 
 
HB4067- 280 -LRB101 15932 RLC 65292 b


1 (l) The court may order an offender who is sentenced to 
2probation or conditional
discharge for a violation of an order 
3of protection be placed under electronic surveillance as 
4provided in Section 5-8A-7 of this Code. 
5(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
6100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
71-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)

8 Section 100. The Stalking No Contact Order Act is amended 
9by changing Section 80 as follows:

10 (740 ILCS 21/80)

11 Sec. 80. Stalking no contact orders; remedies.
12 (a) If the court finds that the petitioner has been a 
13victim of stalking, a stalking no contact order shall issue; 
14provided that the petitioner must also satisfy the requirements 
15of Section 95 on emergency orders or Section 100 on plenary 
16orders. The petitioner shall not be denied a stalking no 
17contact order because the petitioner or the respondent is a 
18minor. The court, when determining whether or not to issue a 
19stalking no contact order, may not require physical injury on 
20the person of the petitioner. Modification and extension of 
21prior stalking no contact orders shall be in accordance with 
22this Act.
23 (b) A stalking no contact order shall order one or more of 
24the following:
 
 
HB4067- 281 -LRB101 15932 RLC 65292 b


1  (1) prohibit the respondent from threatening to commit 
2 or committing stalking;
3  (2) order the respondent not to have any contact with 
4 the petitioner or a third person specifically named by the 
5 court;
6  (3) prohibit the respondent from knowingly coming 
7 within, or knowingly remaining within a specified distance 
8 of the petitioner or the petitioner's residence, school, 
9 daycare, or place of employment, or any specified place 
10 frequented by the petitioner; however, the court may order 
11 the respondent to stay away from the respondent's own 
12 residence, school, or place of employment only if the 
13 respondent has been provided actual notice of the 
14 opportunity to appear and be heard on the petition;
15  (4) prohibit the respondent from possessing a Firearm 
16 Owners Identification Card, or possessing or buying 
17 firearms; and
18  (5) order other injunctive relief the court determines 
19 to be necessary to protect the petitioner or third party 
20 specifically named by the court.
21 (b-5) When the petitioner and the respondent attend the 
22same public, private, or non-public elementary, middle, or high 
23school, the court when issuing a stalking no contact order and 
24providing relief shall consider the severity of the act, any 
25continuing physical danger or emotional distress to the 
26petitioner, the educational rights guaranteed to the 
 
 
HB4067- 282 -LRB101 15932 RLC 65292 b


1petitioner and respondent under federal and State law, the 
2availability of a transfer of the respondent to another school, 
3a change of placement or a change of program of the respondent, 
4the expense, difficulty, and educational disruption that would 
5be caused by a transfer of the respondent to another school, 
6and any other relevant facts of the case. The court may order 
7that the respondent not attend the public, private, or 
8non-public elementary, middle, or high school attended by the 
9petitioner, order that the respondent accept a change of 
10placement or program, as determined by the school district or 
11private or non-public school, or place restrictions on the 
12respondent's movements within the school attended by the 
13petitioner.
The respondent bears the burden of proving by a 
14preponderance of the evidence that a transfer, change of 
15placement, or change of program of the respondent is not 
16available. The respondent also bears the burden of production 
17with respect to the expense, difficulty, and educational 
18disruption that would be caused by a transfer of the respondent 
19to another school. A transfer, change of placement, or change 
20of program is not unavailable to the respondent solely on the 
21ground that the respondent does not agree with the school 
22district's or private or non-public school's transfer, change 
23of placement, or change of program or solely on the ground that 
24the respondent fails or refuses to consent to or otherwise does 
25not take an action required to effectuate a transfer, change of 
26placement, or change of program.
When a court orders a 
 
 
HB4067- 283 -LRB101 15932 RLC 65292 b


1respondent to stay away from the public, private, or non-public 
2school attended by the petitioner and the respondent requests a 
3transfer to another attendance center within the respondent's 
4school district or private or non-public school, the school 
5district or private or non-public school shall have sole 
6discretion to determine the attendance center to which the 
7respondent is transferred.
In the event the court order results 
8in a transfer of the minor respondent to another attendance 
9center, a change in the respondent's placement, or a change of 
10the respondent's program, the parents, guardian, or legal 
11custodian of the respondent is responsible for transportation 
12and other costs associated with the transfer or change. 
13 (b-6) The court may order the parents, guardian, or legal 
14custodian of a minor respondent to take certain actions or to 
15refrain from taking certain actions to ensure that the 
16respondent complies with the order. In the event the court 
17orders a transfer of the respondent to another school, the 
18parents, guardian, or legal custodian of the respondent are 
19responsible for transportation and other costs associated with 
20the change of school by the respondent. 
21 (b-7) The court shall not hold a school district or private 
22or non-public school or any of its employees in civil or 
23criminal contempt unless the school district or private or 
24non-public school has been allowed to intervene.
25 (b-8) The court may hold the parents, guardian, or legal 
26custodian of a minor respondent in civil or criminal contempt 
 
 
HB4067- 284 -LRB101 15932 RLC 65292 b


1for a violation of any provision of any order entered under 
2this Act for conduct of the minor respondent in violation of 
3this Act if the
parents, guardian, or legal custodian directed, 
4encouraged, or assisted the respondent minor in such conduct. 
5 (c) The court may award the petitioner costs and attorneys 
6fees if a stalking no contact order is granted.
7 (d) Monetary damages are not recoverable as a remedy.
8 (e) If the stalking no contact order prohibits the 
9respondent from possessing a Firearm Owner's Identification 
10Card, or possessing or buying firearms; the court shall 
11confiscate the respondent's firearms Firearm Owner's 
12Identification Card and immediately return the card to the 
13Department of State Police Firearm Owner's Identification Card 
14Office.


15(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
1697-1131, eff. 1-1-13.)

17 Section 105. The Mental Health and Developmental 
18Disabilities Confidentiality Act is amended by changing 
19Section 12 as follows:



20 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


21 Sec. 12. (a) If the United States Secret Service or the 
22Department of
State Police requests information from a mental 
23health or developmental
disability facility, as defined in 
24Section 1-107 and 1-114 of the Mental
Health and Developmental 
 
 
HB4067- 285 -LRB101 15932 RLC 65292 b


1Disabilities Code, relating to a specific
recipient and the 
2facility director determines that disclosure of such

3information may be necessary to protect the life of, or to 
4prevent
the infliction of great bodily harm to, a public 
5official,
or a person under the protection of the United
States 
6Secret Service, only the following information
may be 
7disclosed: the recipient's name, address, and age and the date 
8of
any admission to or discharge from a facility; and any 
9information which
would indicate whether or not the recipient 
10has a history of violence or
presents a danger of violence to 
11the person under protection. Any information
so disclosed shall 
12be used for investigative purposes only and shall not
be 
13publicly disseminated.
Any person participating in good faith 
14in the disclosure of such
information in accordance with this 
15provision shall have immunity from any
liability, civil, 
16criminal or otherwise, if such information is disclosed
relying 
17upon the representation of an officer of the United States 
18Secret
Service or the Department of State Police that a person 
19is under the
protection of the United States Secret Service or 
20is a public official.

21 For the purpose of this subsection (a), the term "public 
22official" means
the Governor, Lieutenant Governor, Attorney 
23General, Secretary of State,
State Comptroller, State 
24Treasurer, member of the General Assembly, member of the United 
25States Congress, Judge of the United States as defined in 28 
26U.S.C. 451, Justice of the United States as defined in 28 
 
 
HB4067- 286 -LRB101 15932 RLC 65292 b


1U.S.C. 451, United States Magistrate Judge as defined in 28 
2U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
3Supreme, Appellate, Circuit, or Associate Judge of the State of 
4Illinois. The
term shall also include the spouse, child or 
5children of a public official.

6 (b) The Department of Human Services (acting as successor 
7to the
Department of Mental Health and Developmental 
8Disabilities) and all
public or private hospitals and mental 
9health facilities are required, as hereafter described in this 
10subsection,
to furnish the Department of State Police only such 
11information as may
be required for the sole purpose of 
12determining whether an individual who
may be or may have been a 
13patient is disqualified because of that status
from receiving 
14or retaining a firearm under paragraph (4) of subsection (a) of 
15Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
16Identification Card or falls within the federal prohibitors 
17under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
18of the Firearm Owners Identification Card Act, or falls within 
19the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
20physicians, clinical psychologists, or qualified examiners at 
21public or private mental health facilities or parts thereof as 
22defined in this subsection shall, in the form and manner 
23required
by the Department, provide notice directly to the 
24Department of Human Services, or to his or her employer who 
25shall then report to the Department, within 24 hours after 
26determining that a person poses a clear and present danger to 
 
 
HB4067- 287 -LRB101 15932 RLC 65292 b


1himself, herself, or others, or within 7 days after a person 14 
2years or older is determined to be a person with a 
3developmental disability by a physician, clinical 
4psychologist, or qualified examiner as described in this 
5subsection (b) Section 1.1 of the Firearm Owners Identification 
6Card Act. If a person is a patient as described in clause 
7(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
8of the Firearm Owners Identification Card Act, this information 
9shall be furnished within 7 days after
admission to a public or 
10private hospital or mental health facility or the provision of 
11services. Any such information disclosed under
this subsection 
12shall
remain privileged and confidential, and shall not be 
13redisclosed, except as required by clause (e)(2) of Section 
1424-4.5 of the Criminal Code of 2012 subsection (e) of Section 
153.1 of the Firearm Owners Identification Card Act, nor utilized

16for any other purpose. The method of requiring the providing of 
17such
information shall guarantee that no information is 
18released beyond what
is necessary for this purpose. In 
19addition, the information disclosed
shall be provided
by the 
20Department within the time period established by Section 24-3 
21of the
Criminal Code of 2012 regarding the delivery of 
22firearms. The method used
shall be sufficient to provide the 
23necessary information within the
prescribed time period, which 
24may include periodically providing
lists to the Department of 
25Human Services
or any public or private hospital or mental 
26health facility of Firearm Owner's Identification Card 
 
 
HB4067- 288 -LRB101 15932 RLC 65292 b


1applicants for firearm purchases
on which the Department or 
2hospital shall indicate the identities of those
individuals who 
3are to its knowledge disqualified from having a firearm Firearm

4Owner's Identification Card for reasons described herein. The 
5Department
may provide for a centralized source
of information 
6for the State on this subject under its jurisdiction. The 
7identity of the person reporting under this subsection shall 
8not be disclosed to the subject of the report. For the purposes 
9of this subsection, the physician, clinical psychologist, or 
10qualified examiner making the determination and his or her 
11employer shall not be held criminally, civilly, or 
12professionally liable for making or not making the notification 
13required under this subsection, except for willful or wanton 
14misconduct. 

15 Any person, institution, or agency, under this Act, 
16participating in
good faith in the reporting or disclosure of 
17records and communications
otherwise in accordance with this 
18provision or with rules, regulations or
guidelines issued by 
19the Department shall have immunity from any
liability, civil, 
20criminal or otherwise, that might result by reason of the

21action. For the purpose of any proceeding, civil or criminal,

22arising out of a report or disclosure in accordance with this 
23provision,
the good faith of any person,
institution, or agency 
24so reporting or disclosing shall be presumed. The
full extent 
25of the immunity provided in this subsection (b) shall apply to

26any person, institution or agency that fails to make a report 
 
 
HB4067- 289 -LRB101 15932 RLC 65292 b


1or disclosure
in the good faith belief that the report or 
2disclosure would violate
federal regulations governing the 
3confidentiality of alcohol and drug abuse
patient records 
4implementing 42 U.S.C. 290dd-3 and 290ee-3.

5 For purposes of this subsection (b) only, the following 
6terms shall have
the meaning prescribed:

7  (1) (Blank).

8  (1.3) "Clear and present danger" has the meaning as 
9 defined in Section 6-103.3 of the Mental Health and 
10 Developmental Disabilities Code 1.1 of the Firearm Owners 
11 Identification Card Act. 
12  (1.5) "Person with a developmental disability" has the 
13 meaning as defined in Section 6-103.3 of the Mental Health 
14 and Developmental Disabilities Code 1.1 of the Firearm 
15 Owners Identification Card Act.
16  (2) "Patient" means (A) a person who voluntarily 
17 receives mental health treatment as an in-patient or 
18 resident of any public or private mental health facility, 
19 unless the treatment was solely for an alcohol abuse 
20 disorder and no other secondary substance abuse disorder or 
21 mental illness; or (B) a person who voluntarily receives 
22 mental health treatment as an out-patient or is provided 
23 services by a public or private mental health facility, and 
24 who poses a clear and present danger to himself, herself, 
25 or to others has the meaning as defined in Section 1.1 of 
26 the Firearm Owners Identification Card Act.

 
 
HB4067- 290 -LRB101 15932 RLC 65292 b


1  (3) "Mental health facility" means any licensed 
2 private hospital or hospital affiliate, institution, or 
3 facility, or part thereof, and any facility, or part 
4 thereof, operated by the State or a political subdivision 
5 thereof which provide treatment of persons with mental 
6 illness and includes all hospitals, institutions, clinics, 
7 evaluation facilities, mental health centers, colleges, 
8 universities, long-term care facilities, and nursing 
9 homes, or parts thereof, which provide treatment of persons 
10 with mental illness whether or not the primary purpose is 
11 to provide treatment of persons with mental illness has the 
12 meaning as defined in Section 1.1 of the Firearm Owners 
13 Identification Card Act.

14 (c) Upon the request of a peace officer who takes a person 
15into custody
and transports such person to a mental health or 
16developmental disability
facility pursuant to Section 3-606 or 
174-404 of the Mental Health and
Developmental Disabilities Code 
18or who transports a person from such facility,
a facility 
19director shall furnish said peace officer the name, address, 
20age
and name of the nearest relative of the person transported 
21to or from the
mental health or developmental disability 
22facility. In no case shall the
facility director disclose to 
23the peace officer any information relating to the
diagnosis, 
24treatment or evaluation of the person's mental or physical 
25health.

26 For the purposes of this subsection (c), the terms "mental 
 
 
HB4067- 291 -LRB101 15932 RLC 65292 b


1health or
developmental disability facility", "peace officer" 
2and "facility director"
shall have the meanings ascribed to 
3them in the Mental Health and
Developmental Disabilities Code.

4 (d) Upon the request of a peace officer or prosecuting 
5authority who is
conducting a bona fide investigation of a 
6criminal offense, or attempting to
apprehend a fugitive from 
7justice,
a facility director may disclose whether a person is 
8present at the facility.
Upon request of a peace officer or 
9prosecuting authority who has a valid
forcible felony warrant 
10issued, a facility director shall disclose: (1) whether
the 
11person who is the subject of the warrant is present at the 
12facility and (2)
the
date of that person's discharge or future 
13discharge from the facility.
The requesting peace officer or 
14prosecuting authority must furnish a case
number and the 
15purpose of the investigation or an outstanding arrest warrant 
16at
the time of the request. Any person, institution, or agency

17participating in good faith in disclosing such information in 
18accordance with
this subsection (d) is immune from any 
19liability, civil, criminal or
otherwise, that might result by 
20reason of the action.

21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
22eff. 7-27-15; 99-642, eff. 7-28-16.)


23 Section 110. The Illinois Domestic Violence Act of 1986 is 
24amended by changing Sections 210 and 214 as follows:



 
 
HB4067- 292 -LRB101 15932 RLC 65292 b


1 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



2 Sec. 210. Process. 

3 (a) Summons. Any action for an order
of protection, whether 
4commenced alone or in conjunction with another
proceeding, is a 
5distinct cause of action and requires that a separate
summons 
6be issued and served, except that in pending cases the 
7following
methods may be used:

8  (1) By delivery of the summons to respondent personally 
9 in open
court in pending civil or criminal cases.

10  (2) By notice in accordance with Section 210.1 in civil 
11 cases in which
the defendant has filed a general 
12 appearance.

13 The summons shall be in the form prescribed
by Supreme 
14Court Rule 101(d), except that it shall require respondent to

15answer or appear within 7 days.
Attachments to the summons or 
16notice shall include the petition for order
of protection and 
17supporting affidavits, if any, and any emergency order of

18protection that has been issued. The enforcement of an order of 
19protection
under Section 223 shall not be affected by the lack 
20of service, delivery,
or notice, provided the requirements of 
21subsection (d) of that Section are
otherwise met.

22 (b) Blank.

23 (c) Expedited service. The summons shall be served by the 
24sheriff or
other law enforcement officer at the earliest time 
25and shall take
precedence over other summonses except those of 
26a similar emergency nature.
Special process servers may be 
 
 
HB4067- 293 -LRB101 15932 RLC 65292 b


1appointed at any time, and their
designation shall not affect 
2the responsibilities and authority of the
sheriff or other 
3official process servers. In counties with a population over 
43,000,000, a special process server may not be appointed if the 
5order of protection grants the surrender of a child, the 
6surrender of a firearm or firearm owners identification card, 
7or the exclusive possession of a shared residence.

8 (d) Remedies requiring actual notice. The counseling, 
9payment of
support, payment of shelter services,
and payment of 
10losses remedies provided by paragraphs 4,
12, 13, and 16 of 
11subsection (b) of Section 214 may be granted only if
respondent 
12has
been personally served with process, has answered or has 
13made a general
appearance.

14 (e) Remedies upon constructive notice. Service of process 
15on a member
of respondent's household or by publication shall 
16be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
176, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
18214, but only if: (i) petitioner has made all reasonable

19efforts to accomplish actual service of process personally upon 
20respondent,
but respondent cannot be found to effect such 
21service and (ii) petitioner
files an affidavit or presents 
22sworn testimony
as to those efforts.

23 (f) Default. A plenary order of protection may be entered 
24by default as follows:

25  (1) For any of the remedies sought in the petition, if 
26 respondent
has been served or given notice in accordance 
 
 
HB4067- 294 -LRB101 15932 RLC 65292 b


1 with subsection (a) and if
respondent then fails to appear 
2 as directed or fails to appear on any subsequent
appearance 
3 or hearing date agreed to by the parties or set by the 
4 court; or

5  (2) For any of the remedies provided in accordance with 
6 subsection
(e), if respondent fails to answer or appear in 
7 accordance with the
date set in the publication notice or 
8 the return date indicated on the
service of a household 
9 member.

10 (g) Emergency orders. If an order is granted under 
11subsection (c) of Section 217, the court shall immediately file 
12a certified copy of the order with the sheriff or other law 
13enforcement official charged with maintaining Department of 
14State Police records.
15(Source: P.A. 101-508, eff. 1-1-20.)




16 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

17 Sec. 214. Order of protection; remedies. 

18 (a) Issuance of order. If the court finds that petitioner 
19has been
abused by a family or household member or that 
20petitioner is a high-risk
adult who has been abused, neglected, 
21or exploited, as defined in this Act,
an order of protection 
22prohibiting the abuse, neglect, or exploitation
shall issue; 
23provided that petitioner must also satisfy the requirements of

24one of the following Sections, as appropriate: Section 217 on 
25emergency
orders, Section 218 on interim orders, or Section 219 
 
 
HB4067- 295 -LRB101 15932 RLC 65292 b


1on plenary orders.
Petitioner shall not be denied an order of 
2protection because petitioner or
respondent is a minor. The 
3court, when determining whether or not to issue
an order of 
4protection, shall not require physical manifestations of abuse

5on the person of the victim. Modification and extension of 
6prior
orders of protection shall be in accordance with this 
7Act.

8 (b) Remedies and standards. The remedies to be included in 
9an order of
protection shall be determined in accordance with 
10this Section and one of
the following Sections, as appropriate: 
11Section 217 on emergency orders,
Section 218 on interim orders, 
12and Section 219 on plenary orders. The
remedies listed in this 
13subsection shall be in addition to other civil or
criminal 
14remedies available to petitioner.

15  (1) Prohibition of abuse, neglect, or exploitation. 
16 Prohibit
respondent's harassment, interference with 
17 personal liberty, intimidation
of a dependent, physical 
18 abuse, or willful deprivation, neglect or
exploitation, as 
19 defined in this Act, or stalking of the petitioner, as 
20 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
21 such abuse, neglect,
exploitation, or stalking has 
22 occurred or otherwise appears likely to occur if
not 
23 prohibited.

24  (2) Grant of exclusive possession of residence. 
25 Prohibit respondent from
entering or remaining in any 
26 residence, household, or premises of the petitioner,

 
 
HB4067- 296 -LRB101 15932 RLC 65292 b


1 including one owned or leased by respondent, if petitioner 
2 has a right to
occupancy thereof. The grant of exclusive 
3 possession of the residence, household, or premises shall 
4 not
affect title to real property, nor shall the court be 
5 limited by the standard
set forth in subsection (c-2) of 
6 Section 501 of the Illinois Marriage and Dissolution of 
7 Marriage
Act.

8   (A) Right to occupancy. A party has a right to 
9 occupancy of a
residence or household if it is solely 
10 or jointly owned or leased by that
party, that party's 
11 spouse, a person with a legal duty to support that 
12 party or
a minor child in that party's care, or by any 
13 person or entity other than the
opposing party that 
14 authorizes that party's occupancy (e.g., a domestic

15 violence shelter). Standards set forth in subparagraph 
16 (B) shall not preclude
equitable relief.

17   (B) Presumption of hardships. If petitioner and 
18 respondent
each has the right to occupancy of a 
19 residence or household, the court
shall balance (i) the 
20 hardships to respondent and any minor child or

21 dependent adult in respondent's care resulting from 
22 entry of this remedy with
(ii) the hardships to 
23 petitioner and any minor child or dependent adult in

24 petitioner's care resulting from continued exposure to 
25 the risk of abuse
(should petitioner remain at the 
26 residence or household) or from loss of
possession of 
 
 
HB4067- 297 -LRB101 15932 RLC 65292 b


1 the residence or household (should petitioner leave to 
2 avoid the
risk of abuse). When determining the balance 
3 of hardships, the court shall
also take into account 
4 the accessibility of the residence or household.

5 Hardships need not be balanced if respondent does not 
6 have a right to
occupancy.

7   The balance of hardships is presumed to favor 
8 possession by
petitioner unless the presumption is 
9 rebutted by a preponderance of the
evidence, showing 
10 that the hardships to respondent substantially 
11 outweigh
the hardships to petitioner and any minor 
12 child or dependent adult in
petitioner's care. The 
13 court, on the request of petitioner or on its own

14 motion, may order respondent to provide suitable, 
15 accessible, alternate housing
for petitioner instead 
16 of excluding respondent from a mutual residence or

17 household.

18  (3) Stay away order and additional prohibitions.
Order 
19 respondent to stay away from petitioner or any other person

20 protected by the order of protection, or prohibit 
21 respondent from entering
or remaining present at 
22 petitioner's school, place of employment, or other

23 specified places at times when petitioner is present, or 
24 both, if
reasonable, given the balance of hardships. 
25 Hardships need not be balanced for
the court to enter a 
26 stay away order or prohibit entry if respondent has no

 
 
HB4067- 298 -LRB101 15932 RLC 65292 b


1 right to enter the premises.

2   (A) If an order of protection grants petitioner 
3 exclusive possession
of the residence, or prohibits 
4 respondent from entering the residence,
or orders 
5 respondent to stay away from petitioner or other

6 protected persons, then the court may allow respondent 
7 access to the
residence to remove items of clothing and 
8 personal adornment
used exclusively by respondent, 
9 medications, and other items as the court
directs. The 
10 right to access shall be exercised on only one occasion 
11 as the
court directs and in the presence of an 
12 agreed-upon adult third party or law
enforcement 
13 officer.

14   (B) When the petitioner and the respondent attend 
15 the same public, private, or non-public elementary, 
16 middle, or high school, the court when issuing an order 
17 of protection and providing relief shall consider the 
18 severity of the act, any continuing physical danger or 
19 emotional distress to the petitioner, the educational 
20 rights guaranteed to the petitioner and respondent 
21 under federal and State law, the availability of a 
22 transfer of the respondent to another school, a change 
23 of placement or a change of program of the respondent, 
24 the expense, difficulty, and educational disruption 
25 that would be caused by a transfer of the respondent to 
26 another school, and any other relevant facts of the 
 
 
HB4067- 299 -LRB101 15932 RLC 65292 b


1 case. The court may order that the respondent not 
2 attend the public, private, or non-public elementary, 
3 middle, or high school attended by the petitioner, 
4 order that the respondent accept a change of placement 
5 or change of program, as determined by the school 
6 district or private or non-public school, or place 
7 restrictions on the respondent's movements within the 
8 school attended by the petitioner.
The respondent 
9 bears the burden of proving by a preponderance of the 
10 evidence that a transfer, change of placement, or 
11 change of program of the respondent is not available. 
12 The respondent also bears the burden of production with 
13 respect to the expense, difficulty, and educational 
14 disruption that would be caused by a transfer of the 
15 respondent to another school. A transfer, change of 
16 placement, or change of program is not unavailable to 
17 the respondent solely on the ground that the respondent 
18 does not agree with the school district's or private or 
19 non-public school's transfer, change of placement, or 
20 change of program or solely on the ground that the 
21 respondent fails or refuses to consent or otherwise 
22 does not take an action required to effectuate a 
23 transfer, change of placement, or change of program.

24 When a court orders a respondent to stay away from the 
25 public, private, or non-public school attended by the 
26 petitioner and the respondent requests a transfer to 
 
 
HB4067- 300 -LRB101 15932 RLC 65292 b


1 another attendance center within the respondent's 
2 school district or private or non-public school, the 
3 school district or private or non-public school shall 
4 have sole discretion to determine the attendance 
5 center to which the respondent is transferred.
In the 
6 event the court order results in a transfer of the 
7 minor respondent to another attendance center, a 
8 change in the respondent's placement, or a change of 
9 the respondent's program, the parents, guardian, or 
10 legal custodian of the respondent is responsible for 
11 transportation and other costs associated with the 
12 transfer or change. 
13   (C) The court may order the parents, guardian, or 
14 legal custodian of a minor respondent to take certain 
15 actions or to refrain from taking certain actions to 
16 ensure that the respondent complies with the order. In 
17 the event the court orders a transfer of the respondent 
18 to another school, the parents, guardian, or legal 
19 custodian of the respondent is responsible for 
20 transportation and other costs associated with the 
21 change of school by the respondent. 
22  (4) Counseling. Require or recommend the respondent to 
23 undergo
counseling for a specified duration with a social 
24 worker, psychologist,
clinical psychologist, psychiatrist, 
25 family service agency, alcohol or
substance abuse program, 
26 mental health center guidance counselor, agency
providing 
 
 
HB4067- 301 -LRB101 15932 RLC 65292 b


1 services to elders, program designed for domestic violence

2 abusers or any other guidance service the court deems 
3 appropriate. The Court may order the respondent in any 
4 intimate partner relationship to report to an Illinois 
5 Department of Human Services protocol approved partner 
6 abuse intervention program for an assessment and to follow 
7 all recommended treatment. 

8  (5) Physical care and possession of the minor child. In 
9 order to protect
the minor child from abuse, neglect, or 
10 unwarranted separation from the person
who has been the 
11 minor child's primary caretaker, or to otherwise protect 
12 the
well-being of the minor child, the court may do either 
13 or both of the
following: (i) grant petitioner physical 
14 care or possession of the minor child,
or both, or (ii) 
15 order respondent to return a minor child to, or not remove 
16 a
minor child from, the physical care of a parent or person 
17 in loco parentis.

18  If a court finds, after a hearing, that respondent has 
19 committed abuse
(as defined in Section 103) of a minor 
20 child, there shall be a
rebuttable presumption that 
21 awarding physical care to respondent would not
be in the 
22 minor child's best interest.

23  (6) Temporary allocation of parental responsibilities: 
24 significant decision-making. Award temporary 
25 decision-making responsibility to petitioner
in accordance 
26 with this Section, the Illinois Marriage and Dissolution of

 
 
HB4067- 302 -LRB101 15932 RLC 65292 b


1 Marriage Act, the Illinois Parentage Act of 2015, and this 
2 State's Uniform
Child-Custody Jurisdiction and Enforcement 
3 Act. 

4  If a court finds, after a hearing, that respondent has 
5 committed abuse (as
defined in Section 103) of a minor 
6 child, there shall be a rebuttable
presumption that 
7 awarding temporary significant decision-making 
8 responsibility to respondent would not be in
the child's 
9 best interest.

10  (7) Parenting time. Determine the parenting time, if 
11 any, of respondent in
any case in which the court awards 
12 physical care or allocates temporary significant 
13 decision-making responsibility of
a minor child to 
14 petitioner. The court shall restrict or deny respondent's 
15 parenting time
with a minor child if the court finds that 
16 respondent has done or is
likely to do any of the 
17 following: (i) abuse or endanger the minor child during 
18 parenting time; (ii) use the parenting time as an 
19 opportunity to abuse or harass
petitioner or petitioner's 
20 family or household members; (iii) improperly
conceal or 
21 detain the minor child; or (iv) otherwise act in a manner 
22 that is
not in the best interests of the minor child. The 
23 court shall not be limited
by the standards set forth in 
24 Section 603.10 of the Illinois Marriage and
Dissolution of 
25 Marriage Act. If the court grants parenting time, the order 
26 shall
specify dates and times for the parenting time to 
 
 
HB4067- 303 -LRB101 15932 RLC 65292 b


1 take place or other specific
parameters or conditions that 
2 are appropriate. No order for parenting time shall
refer 
3 merely to the term "reasonable parenting time".

4  Petitioner may deny respondent access to the minor 
5 child if, when
respondent arrives for parenting time, 
6 respondent is under the influence of drugs
or alcohol and 
7 constitutes a threat to the safety and well-being of

8 petitioner or petitioner's minor children or is behaving in 
9 a violent or
abusive manner.

10  If necessary to protect any member of petitioner's 
11 family or
household from future abuse, respondent shall be 
12 prohibited from coming to
petitioner's residence to meet 
13 the minor child for parenting time, and the
parties shall 
14 submit to the court their recommendations for reasonable

15 alternative arrangements for parenting time. A person may 
16 be approved to
supervise parenting time only after filing 
17 an affidavit accepting
that responsibility and 
18 acknowledging accountability to the court.

19  (8) Removal or concealment of minor child. Prohibit 
20 respondent from
removing a minor child from the State or 
21 concealing the child within the State.


22  (9) Order to appear. Order the respondent to appear in 
23 court, alone
or with a minor child, to prevent abuse, 
24 neglect, removal or concealment of
the child, to return the 
25 child to the custody or care of the petitioner or
to permit 
26 any court-ordered interview or examination of the child or 
 
 
HB4067- 304 -LRB101 15932 RLC 65292 b


1 the
respondent.

2  (10) Possession of personal property. Grant petitioner 
3 exclusive
possession of personal property and, if 
4 respondent has possession or
control, direct respondent to 
5 promptly make it available to petitioner, if:

6   (i) petitioner, but not respondent, owns the 
7 property; or

8   (ii) the parties own the property jointly; sharing 
9 it would risk
abuse of petitioner by respondent or is 
10 impracticable; and the balance of
hardships favors 
11 temporary possession by petitioner.

12  If petitioner's sole claim to ownership of the property 
13 is that it is
marital property, the court may award 
14 petitioner temporary possession
thereof under the 
15 standards of subparagraph (ii) of this paragraph only if
a 
16 proper proceeding has been filed under the Illinois 
17 Marriage and
Dissolution of Marriage Act, as now or 
18 hereafter amended.

19  No order under this provision shall affect title to 
20 property.

21  (11) Protection of property. Forbid the respondent 
22 from taking,
transferring, encumbering, concealing, 
23 damaging or otherwise disposing of
any real or personal 
24 property, except as explicitly authorized by the
court, if:

25   (i) petitioner, but not respondent, owns the 
26 property; or

 
 
HB4067- 305 -LRB101 15932 RLC 65292 b


1   (ii) the parties own the property jointly,
and the 
2 balance of hardships favors granting this remedy.

3  If petitioner's sole claim to ownership of the property 
4 is that it is
marital property, the court may grant 
5 petitioner relief under subparagraph
(ii) of this 
6 paragraph only if a proper proceeding has been filed under 
7 the
Illinois Marriage and Dissolution of Marriage Act, as 
8 now or hereafter amended.

9  The court may further prohibit respondent from 
10 improperly using the
financial or other resources of an 
11 aged member of the family or household
for the profit or 
12 advantage of respondent or of any other person.

13  (11.5) Protection of animals. Grant the petitioner the 
14 exclusive care, custody, or control of any animal owned, 
15 possessed, leased, kept, or held by either the petitioner 
16 or the respondent or a minor child residing in the 
17 residence or household of either the petitioner or the 
18 respondent and order the respondent to stay away from the 
19 animal and forbid the respondent from taking, 
20 transferring, encumbering, concealing, harming, or 
21 otherwise disposing of the animal.

22  (12) Order for payment of support. Order respondent to 
23 pay temporary
support for the petitioner or any child in 
24 the petitioner's care or over whom the petitioner has been 
25 allocated parental responsibility, when the respondent has 
26 a legal obligation to support that person,
in accordance 
 
 
HB4067- 306 -LRB101 15932 RLC 65292 b


1 with the Illinois Marriage and Dissolution
of Marriage Act, 
2 which shall govern, among other matters, the amount of

3 support, payment through the clerk and withholding of 
4 income to secure
payment. An order for child support may be 
5 granted to a petitioner with
lawful physical care of a 
6 child, or an order or agreement for
physical care of a 
7 child, prior to entry of an order allocating significant 
8 decision-making responsibility.
Such a support order shall 
9 expire upon entry of a valid order allocating parental 
10 responsibility differently and vacating the petitioner's 
11 significant decision-making authority, unless otherwise 
12 provided in the order.

13  (13) Order for payment of losses. Order respondent to 
14 pay petitioner for
losses suffered as a direct result of 
15 the abuse, neglect, or exploitation.
Such losses shall 
16 include, but not be limited to, medical expenses, lost

17 earnings or other support, repair or replacement of 
18 property damaged or taken,
reasonable attorney's fees, 
19 court costs and moving or other travel expenses,
including 
20 additional reasonable expenses for temporary shelter and 
21 restaurant
meals.

22   (i) Losses affecting family needs. If a party is 
23 entitled to seek
maintenance, child support or 
24 property distribution from the other party
under the 
25 Illinois Marriage and Dissolution of Marriage Act, as 
26 now or
hereafter amended, the court may order 
 
 
HB4067- 307 -LRB101 15932 RLC 65292 b


1 respondent to reimburse petitioner's
actual losses, to 
2 the extent that such reimbursement would be 
3 "appropriate
temporary relief", as authorized by 
4 subsection (a)(3) of Section 501 of
that Act.

5   (ii) Recovery of expenses. In the case of an 
6 improper concealment
or removal of a minor child, the 
7 court may order respondent to pay the
reasonable 
8 expenses incurred or to be incurred in the search for 
9 and recovery
of the minor child, including but not 
10 limited to legal fees, court costs,
private 
11 investigator fees, and travel costs.

12  (14) Prohibition of entry. Prohibit the respondent 
13 from entering or
remaining in the residence or household 
14 while the respondent is under the
influence of alcohol or 
15 drugs and constitutes a threat to the safety and
well-being 
16 of the petitioner or the petitioner's children.

17  (14.5) Prohibition of firearm possession.

18   (a) Prohibit a respondent against whom an order of 
19 protection was issued from possessing any firearms 
20 during the duration of the order if the order:
21    (1) was issued after a hearing of which such 
22 person received
actual notice, and at which such 
23 person had an opportunity to
participate;
24    (2) restrains such person from harassing, 
25 stalking, or
threatening an intimate partner of 
26 such person or child of such
intimate partner or 
 
 
HB4067- 308 -LRB101 15932 RLC 65292 b


1 person, or engaging in other conduct that
would 
2 place an intimate partner in reasonable fear of 
3 bodily
injury to the partner or child; and
4    (3)(i) includes a finding that such person 
5 represents a
credible threat to the physical 
6 safety of such intimate partner
or child; or
(ii) 
7 by its terms explicitly prohibits the use, 
8 attempted
use, or threatened use of physical force 
9 against such intimate
partner or child that would 
10 reasonably be expected to cause
bodily injury.
11  Any Firearm Owner's Identification Card in the

12 possession of the respondent, except as provided in 
13 subsection (b), shall be ordered by the court to be 
14 turned
over to the local law enforcement agency. The 
15 local law enforcement agency shall immediately mail 
16 the card to the Department of State Police Firearm 
17 Owner's Identification Card Office
for safekeeping. 
18 The court shall
issue a warrant for seizure of any 
19 firearm in the possession of the respondent, to be kept 
20 by the local law enforcement agency for safekeeping, 
21 except as provided in subsection (b).
The period of 
22 safekeeping shall be for the duration of the order of 
23 protection. The firearm or firearms and Firearm 
24 Owner's Identification Card, if unexpired, shall at 
25 the respondent's request, be returned to the 
26 respondent at the end
of the order of protection. It is 
 
 
HB4067- 309 -LRB101 15932 RLC 65292 b


1 the respondent's responsibility to notify the 
2 Department of State Police Firearm Owner's 
3 Identification Card Office. 

4   (b) If the respondent is a peace officer as defined 
5 in Section 2-13 of
the
Criminal Code of 2012, the court 
6 shall order that any firearms used by the
respondent in 
7 the performance of his or her duties as a
peace officer 
8 be surrendered to
the chief law enforcement executive 
9 of the agency in which the respondent is
employed, who 
10 shall retain the firearms for safekeeping for the 
11 duration of the order of protection.

12   (c) Upon expiration of the period of safekeeping, 
13 if the firearms or Firearm Owner's Identification Card 
14 cannot be returned to respondent because respondent 
15 cannot be located, fails to respond to requests to 
16 retrieve the firearms, or is not lawfully eligible to 
17 possess a firearm, upon petition from the local law 
18 enforcement agency, the court may order the local law 
19 enforcement agency to destroy the firearms, use the 
20 firearms for training purposes, or for any other 
21 application as deemed appropriate by the local law 
22 enforcement agency; or that the firearms be turned over 
23 to a third party who is lawfully eligible to possess 
24 firearms, and who does not reside with respondent. 
25  (15) Prohibition of access to records. If an order of 
26 protection
prohibits respondent from having contact with 
 
 
HB4067- 310 -LRB101 15932 RLC 65292 b


1 the minor child,
or if petitioner's address is omitted 
2 under subsection (b) of
Section 203, or if necessary to 
3 prevent abuse or wrongful removal or
concealment of a minor 
4 child, the order shall deny respondent access to, and

5 prohibit respondent from inspecting, obtaining, or 
6 attempting to
inspect or obtain, school or any other 
7 records of the minor child
who is in the care of 
8 petitioner.

9  (16) Order for payment of shelter services. Order 
10 respondent to
reimburse a shelter providing temporary 
11 housing and counseling services to
the petitioner for the 
12 cost of the services, as certified by the shelter
and 
13 deemed reasonable by the court.

14  (17) Order for injunctive relief. Enter injunctive 
15 relief necessary
or appropriate to prevent further abuse of 
16 a family or household member
or further abuse, neglect, or 
17 exploitation of a high-risk adult with
disabilities or to 
18 effectuate one of the granted remedies, if supported by the

19 balance of hardships. If the harm to be prevented by the 
20 injunction is abuse
or any other harm that one of the 
21 remedies listed in paragraphs (1) through
(16) of this 
22 subsection is designed to prevent, no further evidence is

23 necessary that the harm is an irreparable injury.

24  (18) Telephone services.
25   (A) Unless a condition described in subparagraph 
26 (B) of this paragraph exists, the court may, upon 
 
 
HB4067- 311 -LRB101 15932 RLC 65292 b


1 request by the petitioner, order a wireless telephone 
2 service provider to transfer to the petitioner the 
3 right to continue to use a telephone number or numbers 
4 indicated by the petitioner and the financial 
5 responsibility associated with the number or numbers, 
6 as set forth in subparagraph (C) of this paragraph. For 
7 purposes of this paragraph (18), the term "wireless 
8 telephone service provider" means a provider of 
9 commercial mobile service as defined in 47 U.S.C. 332. 
10 The petitioner may request the transfer of each 
11 telephone number that the petitioner, or a minor child 
12 in his or her custody, uses. The clerk of the court 
13 shall serve the order on the wireless telephone service 
14 provider's agent for service of process provided to the 
15 Illinois Commerce Commission. The order shall contain 
16 all of the following:
17    (i) The name and billing telephone number of 
18 the account holder including the name of the 
19 wireless telephone service provider that serves 
20 the account.
21    (ii) Each telephone number that will be 
22 transferred.
23    (iii) A statement that the provider transfers 
24 to the petitioner all financial responsibility for 
25 and right to the use of any telephone number 
26 transferred under this paragraph.
 
 
HB4067- 312 -LRB101 15932 RLC 65292 b


1   (B) A wireless telephone service provider shall 
2 terminate the respondent's use of, and shall transfer 
3 to the petitioner use of, the telephone number or 
4 numbers indicated in subparagraph (A) of this 
5 paragraph unless it notifies the petitioner, within 72 
6 hours after it receives the order, that one of the 
7 following applies:
8    (i) The account holder named in the order has 
9 terminated the account.
10    (ii) A difference in network technology would 
11 prevent or impair the functionality of a device on 
12 a network if the transfer occurs.
13    (iii) The transfer would cause a geographic or 
14 other limitation on network or service provision 
15 to the petitioner.
16    (iv) Another technological or operational 
17 issue would prevent or impair the use of the 
18 telephone number if the transfer occurs.
19   (C) The petitioner assumes all financial 
20 responsibility for and right to the use of any 
21 telephone number transferred under this paragraph. In 
22 this paragraph, "financial responsibility" includes 
23 monthly service costs and costs associated with any 
24 mobile device associated with the number.
25   (D) A wireless telephone service provider may 
26 apply to the petitioner its routine and customary 
 
 
HB4067- 313 -LRB101 15932 RLC 65292 b


1 requirements for establishing an account or 
2 transferring a number, including requiring the 
3 petitioner to provide proof of identification, 
4 financial information, and customer preferences.

5   (E) Except for willful or wanton misconduct, a 
6 wireless telephone service provider is immune from 
7 civil liability for its actions taken in compliance 
8 with a court order issued under this paragraph.
9   (F) All wireless service providers that provide 
10 services to residential customers shall provide to the 
11 Illinois Commerce Commission the name and address of an 
12 agent for service of orders entered under this 
13 paragraph (18). Any change in status of the registered 
14 agent must be reported to the Illinois Commerce 
15 Commission within 30 days of such change. 
16   (G) The Illinois Commerce Commission shall 
17 maintain the list of registered agents for service for 
18 each wireless telephone service provider on the 
19 Commission's website. The Commission may consult with 
20 wireless telephone service providers and the Circuit 
21 Court Clerks on the manner in which this information is 
22 provided and displayed. 
23 (c) Relevant factors; findings.

24  (1) In determining whether to grant a specific remedy, 
25 other than
payment of support, the court shall consider

26 relevant factors, including but not limited to the 
 
 
HB4067- 314 -LRB101 15932 RLC 65292 b


1 following:

2   (i) the nature, frequency, severity, pattern and 
3 consequences of the
respondent's past abuse, neglect 
4 or exploitation of the petitioner or
any family or 
5 household member, including the concealment of his or 
6 her
location in order to evade service of process or 
7 notice, and the likelihood of
danger of future abuse, 
8 neglect, or exploitation to petitioner or any member of

9 petitioner's or respondent's family or household; and

10   (ii) the danger that any minor child will be abused 
11 or neglected or
improperly relocated from the 
12 jurisdiction, improperly concealed within the
State or 
13 improperly separated from the child's primary 
14 caretaker.

15  (2) In comparing relative hardships resulting to the 
16 parties from loss
of possession of the family home, the 
17 court shall consider relevant
factors, including but not 
18 limited to the following:

19   (i) availability, accessibility, cost, safety, 
20 adequacy, location and
other characteristics of 
21 alternate housing for each party and any minor child
or 
22 dependent adult in the party's care;

23   (ii) the effect on the party's employment; and

24   (iii) the effect on the relationship of the party, 
25 and any minor
child or dependent adult in the party's 
26 care, to family, school, church
and community.

 
 
HB4067- 315 -LRB101 15932 RLC 65292 b


1  (3) Subject to the exceptions set forth in paragraph 
2 (4) of this
subsection, the court shall make its findings 
3 in an official record or in
writing, and shall at a minimum 
4 set forth the following:

5   (i) That the court has considered the applicable 
6 relevant factors
described in paragraphs (1) and (2) of 
7 this subsection.

8   (ii) Whether the conduct or actions of respondent, 
9 unless
prohibited, will likely cause irreparable harm 
10 or continued abuse.

11   (iii) Whether it is necessary to grant the 
12 requested relief in order
to protect petitioner or 
13 other alleged abused persons.

14  (4) For purposes of issuing an ex parte emergency order 
15 of protection,
the court, as an alternative to or as a 
16 supplement to making the findings
described in paragraphs 
17 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
18 the following procedure:

19  When a verified petition for an emergency order of 
20 protection in
accordance with the requirements of Sections 
21 203 and 217 is
presented to the court, the court shall 
22 examine petitioner on oath or
affirmation. An emergency 
23 order of protection shall be issued by the court
if it 
24 appears from the contents of the petition and the 
25 examination of
petitioner that the averments are 
26 sufficient to indicate abuse by
respondent and to support 
 
 
HB4067- 316 -LRB101 15932 RLC 65292 b


1 the granting of relief under the issuance of the
emergency 
2 order of protection.

3  (5) Never married parties. No rights or 
4 responsibilities for a minor
child born outside of marriage 
5 attach to a putative father until a father and
child 
6 relationship has been established under the Illinois 
7 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
8 the Illinois Public Aid Code, Section 12 of the Vital 
9 Records Act, the
Juvenile Court Act of 1987, the Probate 
10 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
11 Support Act, the Uniform Interstate Family Support
Act, the 
12 Expedited Child Support Act of 1990, any judicial, 
13 administrative, or
other act of another state or territory, 
14 any other Illinois statute, or by any
foreign nation 
15 establishing the father and child relationship, any other

16 proceeding substantially in conformity with the Personal 
17 Responsibility and
Work Opportunity Reconciliation Act of 
18 1996 (Pub. L. 104-193), or where both
parties appeared in 
19 open court or at an administrative hearing acknowledging

20 under
oath or admitting by affirmation the existence of a 
21 father and child
relationship.
Absent such an 
22 adjudication, finding, or acknowledgment, no putative

23 father shall be granted
temporary allocation of parental 
24 responsibilities, including parenting time with the minor 
25 child, or
physical care and possession of the minor child, 
26 nor shall an order of payment
for support of the minor 
 
 
HB4067- 317 -LRB101 15932 RLC 65292 b


1 child be entered.

2 (d) Balance of hardships; findings. If the court finds that 
3the balance
of hardships does not support the granting of a 
4remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
5subsection (b) of this Section,
which may require such 
6balancing, the court's findings shall so
indicate and shall 
7include a finding as to whether granting the remedy will
result 
8in hardship to respondent that would substantially outweigh the 
9hardship
to petitioner from denial of the remedy. The findings 
10shall be an official
record or in writing.

11 (e) Denial of remedies. Denial of any remedy shall not be 
12based, in
whole or in part, on evidence that:

13  (1) Respondent has cause for any use of force, unless 
14 that cause
satisfies the standards for justifiable use of 
15 force provided by Article
7 of the Criminal Code of 2012;

16  (2) Respondent was voluntarily intoxicated;

17  (3) Petitioner acted in self-defense or defense of 
18 another, provided
that, if petitioner utilized force, such 
19 force was justifiable under
Article 7 of the Criminal Code 
20 of 2012; 

21  (4) Petitioner did not act in self-defense or defense 
22 of another;

23  (5) Petitioner left the residence or household to avoid 
24 further abuse,
neglect, or exploitation by respondent;

25  (6) Petitioner did not leave the residence or household 
26 to avoid further
abuse, neglect, or exploitation by 
 
 
HB4067- 318 -LRB101 15932 RLC 65292 b


1 respondent;

2  (7) Conduct by any family or household member excused 
3 the abuse,
neglect, or exploitation by respondent, unless 
4 that same conduct would have
excused such abuse, neglect, 
5 or exploitation if the parties had not been
family or 
6 household members.

7(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
8eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; 
9100-923, eff. 1-1-19.)


10 Section 115. The Uniform Disposition of Unclaimed Property 
11Act is amended by changing Section 1 as follows:




12 (765 ILCS 1025/1) (from Ch. 141, par. 101)



13 Sec. 1. As used in this Act, unless the context otherwise 
14requires: 

15 (a) "Banking organization" means any bank, trust company, 
16savings bank,
industrial bank, land bank, safe deposit company, 
17or a private banker.

18 (b) "Business association" means any corporation, joint 
19stock company,
business trust, partnership, or any

20association, limited liability company, or other business 
21entity consisting
of one or more persons, whether or not for 
22profit.

23 (c) "Financial organization" means any savings and loan 
24association,
building and loan association, credit union, 
 
 
HB4067- 319 -LRB101 15932 RLC 65292 b


1currency exchange,
co-operative bank, mutual funds, or 
2investment company.

3 (d) "Holder" means any person in possession of property 
4subject to this
Act belonging to another, or who is trustee in 
5case of a trust, or is
indebted to another on an obligation 
6subject to this Act.

7 (e) "Life insurance corporation" means any association or 
8corporation
transacting the business of insurance on the lives 
9of
persons or insurance appertaining thereto, including, but 
10not by way of
limitation, endowments and annuities.

11 (f) "Owner" means a depositor in case of a deposit, a 
12beneficiary in
case of a trust, a creditor, claimant, or payee 
13in case of other property, or any person having a legal or 
14equitable interest in property
subject to this Act, or his 
15legal representative.

16 (g) "Person" means any individual, business association, 
17financial
organization, government or
political subdivision or 
18agency, public authority,
estate, trust, or any other legal or

19commercial entity.

20 (h) "Utility" means any person who owns or operates,
for 
21public use, any plant, equipment, property, franchise, or 
22license for
the transmission of communications or the 
23production, storage,
transmission, sale, delivery, or 
24furnishing of electricity, water,
steam, oil or gas.

25 (i) (Blank).

26 (j) "Insurance company" means any person transacting the 
 
 
HB4067- 320 -LRB101 15932 RLC 65292 b


1kinds of
business enumerated in Section 4 of the Illinois 
2Insurance Code other than
life insurance.

3 (k) "Economic loss", as used in Sections 2a and 9 of this 
4Act includes,
but is not limited to,
delivery charges, 
5mark-downs and write-offs, carrying
costs, restocking charges, 
6lay-aways, special orders, issuance of credit memos,
and the 
7costs of special services or goods
provided that reduce the 
8property value or that result in lost sales
opportunity.

9 (l) "Reportable property" means property, tangible or 
10intangible, presumed
abandoned under this Act that must be 
11appropriately and timely reported and
remitted to the Office of 
12the State Treasurer under this
Act. Interest, dividends, stock 
13splits,
warrants, or other rights that become reportable 
14property under this Act
include the underlying security or 
15commodity giving rise to the interest,
dividend, split, 
16warrant, or other right to which the owner would be entitled.

17 (m) "Firearm" has the meaning ascribed to that term in 
18Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

19Identification Card Act.

20(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, 
21eff. 6-2-00.)



22 Section 120. The Revised Uniform Unclaimed Property Act is 
23amended by changing Section 15-705 as follows:

24 (765 ILCS 1026/15-705)

 
 
HB4067- 321 -LRB101 15932 RLC 65292 b


1 Sec. 15-705. Exceptions to the sale of tangible property. 
2The administrator shall dispose of tangible property 
3identified by this Section in accordance with this Section.
4 (a) Military medals or decorations. The administrator may 
5not sell a medal or decoration awarded for military service in 
6the armed forces of the United States. Instead, the 
7administrator, with the consent of the respective organization 
8under paragraph (1), agency under paragraph (2), or entity 
9under paragraph (3), may deliver a medal or decoration to be 
10held in custody for the owner, to:
11  (1) a military veterans organization qualified under 
12 Section 501(c)(19) of the Internal Revenue Code;
13  (2) the agency that awarded the medal or decoration; or
14  (3) a governmental entity.
15 After delivery, the administrator is not responsible for 
16the safekeeping of the medal or decoration.
17 (b) Property with historical value. Property that the 
18administrator reasonably believes may have historical value 
19may be, at his or her discretion, loaned to an accredited 
20museum in the United States where it will be kept until such 
21time as the administrator orders it to be returned to his or 
22her custody.
23 (c) Human remains. If human remains are delivered to the 
24administrator under this Act, the administrator shall deliver 
25those human remains to the coroner of the county in which the 
26human remains were abandoned for disposition under Section 
 
 
HB4067- 322 -LRB101 15932 RLC 65292 b


13-3034 of the Counties Code. The only human remains that may be 
2delivered to the administrator under this Act and that the 
3administrator may receive are those that are reported and 
4delivered as contents of a safe deposit box.
5 (d) Evidence in a criminal investigation. Property that may 
6have been used in the commission of a crime or that may assist 
7in the investigation of a crime, as determined after consulting 
8with the Department of State Police, shall be delivered to the 
9Department of State Police or other appropriate law enforcement 
10authority to allow law enforcement to determine whether a 
11criminal investigation should take place. Any such property 
12delivered to a law enforcement authority shall be held in 
13accordance with existing statutes and rules related to the 
14gathering, retention, and release of evidence.
15 (e) Firearms.
16  (1) The administrator, in cooperation with the 
17 Department of State Police, shall develop a procedure to 
18 determine whether a firearm delivered to the administrator 
19 under this Act has been stolen or used in the commission of 
20 a crime. The Department of State Police shall determine the 
21 appropriate disposition of a firearm that has been stolen 
22 or used in the commission of a crime. The administrator 
23 shall attempt to return a firearm that has not been stolen 
24 or used in the commission of a crime to the rightful owner 
25 if the Department of State Police determines that the owner 
26 may lawfully possess the firearm.
 
 
HB4067- 323 -LRB101 15932 RLC 65292 b


1  (2) If the administrator is unable to return a firearm 
2 to its owner, the administrator shall transfer custody of 
3 the firearm to the Department of State Police. Legal title 
4 to a firearm transferred to the Department of State Police 
5 under this subsection (e) is vested in the Department of 
6 State Police by operation of law if:
7   (i) the administrator cannot locate the owner of 
8 the firearm;
9   (ii) the owner of the firearm may not lawfully 
10 possess the firearm;
11   (iii) the apparent owner does not respond to notice 
12 published under Section 15-503 of this Act; or
13   (iv) the apparent owner responds to notice 
14 published under Section 15-502 and states that he or 
15 she no longer claims an interest in the firearm.
16  (3) With respect to a firearm whose title is 
17 transferred to the Department of State Police under this 
18 subsection (e), the Department of State Police may:
19   (i) retain the firearm for use by the crime 
20 laboratory system, for training purposes, or for any 
21 other application as deemed appropriate by the 
22 Department;
23   (ii) transfer the firearm to the Illinois State 
24 Museum if the firearm has historical value; or
25   (iii) destroy the firearm if it is not retained 
26 pursuant to subparagraph (i) or transferred pursuant 
 
 
HB4067- 324 -LRB101 15932 RLC 65292 b


1 to subparagraph (ii).
2 As used in this subsection, "firearm" has the meaning 
3provided in Section 2-7.5 of the Criminal Code of 2012 the 
4Firearm Owners Identification Card Act.

5(Source: P.A. 100-22, eff. 1-1-18.)

6 Section 999. Effective date. This Act takes effect January 
71, 2021.

                        
 
 
HB4067- 325 -LRB101 15932 RLC 65292 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-595
7 20 ILCS 2605/2605-120 rep.
8 20 ILCS 2630/2.2
9 30 ILCS 105/6z-99
10 50 ILCS 710/1from Ch. 85, par. 515
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15 225 ILCS 447/35-30
16 225 ILCS 447/35-35
17 405 ILCS 5/6-103.1
18 405 ILCS 5/6-103.2
19 405 ILCS 5/6-103.3
20 410 ILCS 45/2from Ch. 111 1/2, par. 1302
21 430 ILCS 65/Act rep.
22 430 ILCS 66/25
23 430 ILCS 66/30
24 430 ILCS 66/40
25 430 ILCS 66/70
                            
 
 
HB4067- 326 -LRB101 15932 RLC 65292 b


1 430 ILCS 66/80
2 430 ILCS 66/105
3 430 ILCS 68/5-20
4 430 ILCS 68/5-25
5 520 ILCS 5/3.2from Ch. 61, par. 3.2
6 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
7 720 ILCS 5/2-7.1
8 720 ILCS 5/2-7.5
9 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10 720 ILCS 5/16-0.1
11 720 ILCS 5/17-30was 720 ILCS 5/16C-2
12 720 ILCS 5/24-1from Ch. 38, par. 24-1
13 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14 720 ILCS 5/24-1.6
15 720 ILCS 5/24-1.8
16 720 ILCS 5/24-2
17 720 ILCS 5/24-3from Ch. 38, par. 24-3
18 720 ILCS 5/24-3B
19 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
20 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
21 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
22 720 ILCS 5/24-3.5
23 720 ILCS 5/24-4.1
24 720 ILCS 5/24-4.5 new
25 720 ILCS 5/24-9
26 720 ILCS 646/10
 
 
HB4067- 327 -LRB101 15932 RLC 65292 b