101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4561

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:

`5 ILCS 120/2`	`from Ch. 102, par. 42`
`5 ILCS 140/7.5`
`15 ILCS 305/13.5 rep.`
`20 ILCS 2605/2605-300`	`was 20 ILCS 2605/55a in part`
`20 ILCS 2605/2605-595`
`30 ILCS 105/6z-99`
`235 ILCS 5/10-1`	`from Ch. 43, par. 183`
`430 ILCS 65/2`	`from Ch. 38, par. 83-2`
`430 ILCS 65/3`	`from Ch. 38, par. 83-3`
`430 ILCS 65/13.1`	`from Ch. 38, par. 83-13.1`
`430 ILCS 66/Act rep.`
`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-2`
`720 ILCS 5/24-3`	`from Ch. 38, par. 24-3`
`730 ILCS 5/5-6-1`	`from Ch. 38, par. 1005-6-1`

Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use

of a weapon statutes do not apply to
or affect any person carrying a

concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.

LRB101 16720 RLC 66109 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do not

16 require the holding of a closed meeting to discuss a subject

17 included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to

19 consider the following subjects:

20 (1) The appointment, employment, compensation,

21 discipline, performance, or dismissal of specific

22 employees, specific individuals who serve as independent

23 contractors in a park, recreational, or educational

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1 setting, or specific volunteers of the public body or legal

2 counsel for the public body, including hearing testimony on

3 a complaint lodged against an employee, a specific

4 individual who serves as an independent contractor in a

5 park, recreational, or educational setting, or a volunteer

6 of the public body or against legal counsel for the public

7 body to determine its validity. However, a meeting to

8 consider an increase in compensation to a specific employee

9 of a public body that is subject to the Local Government

10 Wage Increase Transparency Act may not be closed and shall

11 be open to the public and posted and held in accordance

12 with this Act.

13 (2) Collective negotiating matters between the public

14 body and its employees or their representatives, or

15 deliberations concerning salary schedules for one or more

16 classes of employees.

17 (3) The selection of a person to fill a public office,

18 as defined in this Act, including a vacancy in a public

19 office, when the public body is given power to appoint

20 under law or ordinance, or the discipline, performance or

21 removal of the occupant of a public office, when the public

22 body is given power to remove the occupant under law or

23 ordinance.

24 (4) Evidence or testimony presented in open hearing, or

25 in closed hearing where specifically authorized by law, to

26 a quasi-adjudicative body, as defined in this Act, provided

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1 that the body prepares and makes available for public

2 inspection a written decision setting forth its

3 determinative reasoning.

4 (5) The purchase or lease of real property for the use

5 of the public body, including meetings held for the purpose

6 of discussing whether a particular parcel should be

7 acquired.

8 (6) The setting of a price for sale or lease of

9 property owned by the public body.

10 (7) The sale or purchase of securities, investments, or

11 investment contracts. This exception shall not apply to the

12 investment of assets or income of funds deposited into the

13 Illinois Prepaid Tuition Trust Fund.

14 (8) Security procedures, school building safety and

15 security, and the use of personnel and equipment to respond

16 to an actual, a threatened, or a reasonably potential

17 danger to the safety of employees, students, staff, the

18 public, or public property.

19 (9) Student disciplinary cases.

20 (10) The placement of individual students in special

21 education programs and other matters relating to

22 individual students.

23 (11) Litigation, when an action against, affecting or

24 on behalf of the particular public body has been filed and

25 is pending before a court or administrative tribunal, or

26 when the public body finds that an action is probable or

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1 imminent, in which case the basis for the finding shall be

2 recorded and entered into the minutes of the closed

3 meeting.

4 (12) The establishment of reserves or settlement of

5 claims as provided in the Local Governmental and

6 Governmental Employees Tort Immunity Act, if otherwise the

7 disposition of a claim or potential claim might be

8 prejudiced, or the review or discussion of claims, loss or

9 risk management information, records, data, advice or

10 communications from or with respect to any insurer of the

11 public body or any intergovernmental risk management

12 association or self insurance pool of which the public body

13 is a member.

14 (13) Conciliation of complaints of discrimination in

15 the sale or rental of housing, when closed meetings are

16 authorized by the law or ordinance prescribing fair housing

17 practices and creating a commission or administrative

18 agency for their enforcement.

19 (14) Informant sources, the hiring or assignment of

20 undercover personnel or equipment, or ongoing, prior or

21 future criminal investigations, when discussed by a public

22 body with criminal investigatory responsibilities.

23 (15) Professional ethics or performance when

24 considered by an advisory body appointed to advise a

25 licensing or regulatory agency on matters germane to the

26 advisory body's field of competence.

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1 (16) Self evaluation, practices and procedures or

2 professional ethics, when meeting with a representative of

3 a statewide association of which the public body is a

4 member.

5 (17) The recruitment, credentialing, discipline or

6 formal peer review of physicians or other health care

7 professionals, or for the discussion of matters protected

8 under the federal Patient Safety and Quality Improvement

9 Act of 2005, and the regulations promulgated thereunder,

10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

11 Health Insurance Portability and Accountability Act of

12 1996, and the regulations promulgated thereunder,

13 including 45 C.F.R. Parts 160, 162, and 164, by a hospital,

14 or other institution providing medical care, that is

15 operated by the public body.

16 (18) Deliberations for decisions of the Prisoner

17 Review Board.

18 (19) Review or discussion of applications received

19 under the Experimental Organ Transplantation Procedures

20 Act.

21 (20) The classification and discussion of matters

22 classified as confidential or continued confidential by

23 the State Government Suggestion Award Board.

24 (21) Discussion of minutes of meetings lawfully closed

25 under this Act, whether for purposes of approval by the

26 body of the minutes or semi-annual review of the minutes as

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1 mandated by Section 2.06.

2 (22) Deliberations for decisions of the State

3 Emergency Medical Services Disciplinary Review Board.

4 (23) The operation by a municipality of a municipal

5 utility or the operation of a municipal power agency or

6 municipal natural gas agency when the discussion involves

7 (i) contracts relating to the purchase, sale, or delivery

8 of electricity or natural gas or (ii) the results or

9 conclusions of load forecast studies.

10 (24) Meetings of a residential health care facility

11 resident sexual assault and death review team or the

12 Executive Council under the Abuse Prevention Review Team

13 Act.

14 (25) Meetings of an independent team of experts under

15 Brian's Law.

16 (26) Meetings of a mortality review team appointed

17 under the Department of Juvenile Justice Mortality Review

18 Team Act.

19 (27) (Blank).

20 (28) Correspondence and records (i) that may not be

21 disclosed under Section 11-9 of the Illinois Public Aid

22 Code or (ii) that pertain to appeals under Section 11-8 of

23 the Illinois Public Aid Code.

24 (29) Meetings between internal or external auditors

25 and governmental audit committees, finance committees, and

26 their equivalents, when the discussion involves internal

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1 control weaknesses, identification of potential fraud risk

2 areas, known or suspected frauds, and fraud interviews

3 conducted in accordance with generally accepted auditing

4 standards of the United States of America.

5 (30) Those meetings or portions of meetings of a

6 fatality review team or the Illinois Fatality Review Team

7 Advisory Council during which a review of the death of an

8 eligible adult in which abuse or neglect is suspected,

9 alleged, or substantiated is conducted pursuant to Section

10 15 of the Adult Protective Services Act.

11 (31) (Blank). ~~Meetings and deliberations for decisions~~

12 ~~of the Concealed Carry Licensing Review Board under the~~

13 ~~Firearm Concealed Carry Act.~~

14 (32) Meetings between the Regional Transportation

15 Authority Board and its Service Boards when the discussion

16 involves review by the Regional Transportation Authority

17 Board of employment contracts under Section 28d of the

18 Metropolitan Transit Authority Act and Sections 3A.18 and

19 3B.26 of the Regional Transportation Authority Act.

20 (33) Those meetings or portions of meetings of the

21 advisory committee and peer review subcommittee created

22 under Section 320 of the Illinois Controlled Substances Act

23 during which specific controlled substance prescriber,

24 dispenser, or patient information is discussed.

25 (34) Meetings of the Tax Increment Financing Reform

26 Task Force under Section 2505-800 of the Department of

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1 Revenue Law of the Civil Administrative Code of Illinois.

2 (35) Meetings of the group established to discuss

3 Medicaid capitation rates under Section 5-30.8 of the

4 Illinois Public Aid Code.

5 (36) Those deliberations or portions of deliberations

6 for decisions of the Illinois Gaming Board in which there

7 is discussed any of the following: (i) personal,

8 commercial, financial, or other information obtained from

9 any source that is privileged, proprietary, confidential,

10 or a trade secret; or (ii) information specifically

11 exempted from the disclosure by federal or State law.

12 (d) Definitions. For purposes of this Section:

13 "Employee" means a person employed by a public body whose

14 relationship with the public body constitutes an

15 employer-employee relationship under the usual common law

16 rules, and who is not an independent contractor.

17 "Public office" means a position created by or under the

18 Constitution or laws of this State, the occupant of which is

19 charged with the exercise of some portion of the sovereign

20 power of this State. The term "public office" shall include

21 members of the public body, but it shall not include

22 organizational positions filled by members thereof, whether

23 established by law or by a public body itself, that exist to

24 assist the body in the conduct of its business.

25 "Quasi-adjudicative body" means an administrative body

26 charged by law or ordinance with the responsibility to conduct

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1 hearings, receive evidence or testimony and make

2 determinations based thereon, but does not include local

3 electoral boards when such bodies are considering petition

4 challenges.

5 (e) Final action. No final action may be taken at a closed

6 meeting. Final action shall be preceded by a public recital of

7 the nature of the matter being considered and other information

8 that will inform the public of the business being conducted.

9 (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

10 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.

11 8-23-19; revised 9-27-19.)

12 Section 10. The Freedom of Information Act is amended by

13 changing Section 7.5 as follows:

14 (5 ILCS 140/7.5)

15 Sec. 7.5. Statutory exemptions. To the extent provided for

16 by the statutes referenced below, the following shall be exempt

17 from inspection and copying:

18 (a) All information determined to be confidential

19 under Section 4002 of the Technology Advancement and

20 Development Act.

21 (b) Library circulation and order records identifying

22 library users with specific materials under the Library

23 Records Confidentiality Act.

24 (c) Applications, related documents, and medical

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1 records received by the Experimental Organ Transplantation

2 Procedures Board and any and all documents or other records

3 prepared by the Experimental Organ Transplantation

4 Procedures Board or its staff relating to applications it

5 has received.

6 (d) Information and records held by the Department of

7 Public Health and its authorized representatives relating

8 to known or suspected cases of sexually transmissible

9 disease or any information the disclosure of which is

10 restricted under the Illinois Sexually Transmissible

11 Disease Control Act.

12 (e) Information the disclosure of which is exempted

13 under Section 30 of the Radon Industry Licensing Act.

14 (f) Firm performance evaluations under Section 55 of

15 the Architectural, Engineering, and Land Surveying

16 Qualifications Based Selection Act.

17 (g) Information the disclosure of which is restricted

18 and exempted under Section 50 of the Illinois Prepaid

19 Tuition Act.

20 (h) Information the disclosure of which is exempted

21 under the State Officials and Employees Ethics Act, and

22 records of any lawfully created State or local inspector

23 general's office that would be exempt if created or

24 obtained by an Executive Inspector General's office under

25 that Act.

26 (i) Information contained in a local emergency energy

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1 plan submitted to a municipality in accordance with a local

2 emergency energy plan ordinance that is adopted under

3 Section 11-21.5-5 of the Illinois Municipal Code.

4 (j) Information and data concerning the distribution

5 of surcharge moneys collected and remitted by carriers

6 under the Emergency Telephone System Act.

7 (k) Law enforcement officer identification information

8 or driver identification information compiled by a law

9 enforcement agency or the Department of Transportation

10 under Section 11-212 of the Illinois Vehicle Code.

11 (l) Records and information provided to a residential

12 health care facility resident sexual assault and death

13 review team or the Executive Council under the Abuse

14 Prevention Review Team Act.

15 (m) Information provided to the predatory lending

16 database created pursuant to Article 3 of the Residential

17 Real Property Disclosure Act, except to the extent

18 authorized under that Article.

19 (n) Defense budgets and petitions for certification of

20 compensation and expenses for court appointed trial

21 counsel as provided under Sections 10 and 15 of the Capital

22 Crimes Litigation Act. This subsection (n) shall apply

23 until the conclusion of the trial of the case, even if the

24 prosecution chooses not to pursue the death penalty prior

25 to trial or sentencing.

26 (o) Information that is prohibited from being

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1 disclosed under Section 4 of the Illinois Health and

2 Hazardous Substances Registry Act.

3 (p) Security portions of system safety program plans,

4 investigation reports, surveys, schedules, lists, data, or

5 information compiled, collected, or prepared by or for the

6 Regional Transportation Authority under Section 2.11 of

7 the Regional Transportation Authority Act or the St. Clair

8 County Transit District under the Bi-State Transit Safety

9 Act.

10 (q) Information prohibited from being disclosed by the

11 Personnel Record Review Act.

12 (r) Information prohibited from being disclosed by the

13 Illinois School Student Records Act.

14 (s) Information the disclosure of which is restricted

15 under Section 5-108 of the Public Utilities Act.

16 (t) All identified or deidentified health information

17 in the form of health data or medical records contained in,

18 stored in, submitted to, transferred by, or released from

19 the Illinois Health Information Exchange, and identified

20 or deidentified health information in the form of health

21 data and medical records of the Illinois Health Information

22 Exchange in the possession of the Illinois Health

23 Information Exchange Authority due to its administration

24 of the Illinois Health Information Exchange. The terms

25 "identified" and "deidentified" shall be given the same

26 meaning as in the Health Insurance Portability and

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1 Accountability Act of 1996, Public Law 104-191, or any

2 subsequent amendments thereto, and any regulations

3 promulgated thereunder.

4 (u) Records and information provided to an independent

5 team of experts under the Developmental Disability and

6 Mental Health Safety Act (also known as Brian's Law).

7 (v) Names and information of people who have applied

8 for or received Firearm Owner's Identification Cards under

9 the Firearm Owners Identification Card Act ~~or applied for~~

10 ~~or received a concealed carry license under the Firearm~~

11 ~~Concealed Carry Act, unless otherwise authorized by the~~

12 ~~Firearm Concealed Carry Act; and databases under the~~

13 ~~Firearm Concealed Carry Act, records of the Concealed Carry~~

14 ~~Licensing Review Board under the Firearm Concealed Carry~~

15 ~~Act, and law enforcement agency objections under the~~

16 ~~Firearm Concealed Carry Act~~.

17 (w) Personally identifiable information which is

18 exempted from disclosure under subsection (g) of Section

19 19.1 of the Toll Highway Act.

20 (x) Information which is exempted from disclosure

21 under Section 5-1014.3 of the Counties Code or Section

22 8-11-21 of the Illinois Municipal Code.

23 (y) Confidential information under the Adult

24 Protective Services Act and its predecessor enabling

25 statute, the Elder Abuse and Neglect Act, including

26 information about the identity and administrative finding

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1 against any caregiver of a verified and substantiated

2 decision of abuse, neglect, or financial exploitation of an

3 eligible adult maintained in the Registry established

4 under Section 7.5 of the Adult Protective Services Act.

5 (z) Records and information provided to a fatality

6 review team or the Illinois Fatality Review Team Advisory

7 Council under Section 15 of the Adult Protective Services

8 Act.

9 (aa) Information which is exempted from disclosure

10 under Section 2.37 of the Wildlife Code.

11 (bb) Information which is or was prohibited from

12 disclosure by the Juvenile Court Act of 1987.

13 (cc) Recordings made under the Law Enforcement

14 Officer-Worn Body Camera Act, except to the extent

15 authorized under that Act.

16 (dd) Information that is prohibited from being

17 disclosed under Section 45 of the Condominium and Common

18 Interest Community Ombudsperson Act.

19 (ee) Information that is exempted from disclosure

20 under Section 30.1 of the Pharmacy Practice Act.

21 (ff) Information that is exempted from disclosure

22 under the Revised Uniform Unclaimed Property Act.

23 (gg) Information that is prohibited from being

24 disclosed under Section 7-603.5 of the Illinois Vehicle

25 Code.

26 (hh) Records that are exempt from disclosure under

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1 Section 1A-16.7 of the Election Code.

2 (ii) Information which is exempted from disclosure

3 under Section 2505-800 of the Department of Revenue Law of

4 the Civil Administrative Code of Illinois.

5 (jj) Information and reports that are required to be

6 submitted to the Department of Labor by registering day and

7 temporary labor service agencies but are exempt from

8 disclosure under subsection (a-1) of Section 45 of the Day

9 and Temporary Labor Services Act.

10 (kk) Information prohibited from disclosure under the

11 Seizure and Forfeiture Reporting Act.

12 (ll) Information the disclosure of which is restricted

13 and exempted under Section 5-30.8 of the Illinois Public

14 Aid Code.

15 (mm) Records that are exempt from disclosure under

16 Section 4.2 of the Crime Victims Compensation Act.

17 (nn) Information that is exempt from disclosure under

18 Section 70 of the Higher Education Student Assistance Act.

19 (oo) Communications, notes, records, and reports

20 arising out of a peer support counseling session prohibited

21 from disclosure under the First Responders Suicide

22 Prevention Act.

23 (pp) Names and all identifying information relating to

24 an employee of an emergency services provider or law

25 enforcement agency under the First Responders Suicide

26 Prevention Act.

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1 (qq) Information and records held by the Department of

2 Public Health and its authorized representatives collected

3 under the Reproductive Health Act.

4 (rr) Information that is exempt from disclosure under

5 the Cannabis Regulation and Tax Act.

6 (ss) Data reported by an employer to the Department of

7 Human Rights pursuant to Section 2-108 of the Illinois

8 Human Rights Act.

9 (tt) Recordings made under the Children's Advocacy

10 Center Act, except to the extent authorized under that Act.

11 (uu) Information that is exempt from disclosure under

12 Section 50 of the Sexual Assault Evidence Submission Act.

13 (vv) Information that is exempt from disclosure under

14 subsections (f) and (j) of Section 5-36 of the Illinois

15 Public Aid Code.

16 (ww) Information that is exempt from disclosure under

17 Section 16.8 of the State Treasurer Act.

18 (xx) Information that is exempt from disclosure or

19 information that shall not be made public under the

20 Illinois Insurance Code.

21 (yy) ~~(oo)~~ Information prohibited from being disclosed

22 under the Illinois Educational Labor Relations Act.

23 (zz) ~~(pp)~~ Information prohibited from being disclosed

24 under the Illinois Public Labor Relations Act.

25 (aaa) ~~(qq)~~ Information prohibited from being disclosed

26 under Section 1-167 of the Illinois Pension Code.

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1 (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

2 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

3 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

4 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

5 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

6 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

7 eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

8 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

9 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised

10 1-6-20.)

11 (15 ILCS 305/13.5 rep.)

12 Section 15. The Secretary of State Act is amended by

13 repealing Section 13.5.

14 Section 20. The Department of State Police Law of the Civil

15 Administrative Code of Illinois is amended by changing Sections

16 2605-300 and 2605-595 as follows:

17 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

18 Sec. 2605-300. Records; crime laboratories; personnel. To

19 do the following:

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

21 statistics for the State.

22 (2) Be a central repository for criminal history record

23 information.

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

2 necessary and helpful to plan programs of crime prevention,

3 law enforcement, and criminal justice.

4 (4) Procure and file for record copies of fingerprints

5 that may be required by law.

6 (5) Establish general and field crime laboratories.

7 (6) Register and file for record information that may

8 be required by law for the issuance of firearm owner's

9 identification cards under the Firearm Owners

10 Identification Card Act ~~and concealed carry licenses under~~

11 ~~the Firearm Concealed Carry Act~~.

12 (7) Employ laboratory technicians and other specially

13 qualified persons to aid in the identification of criminal

14 activity, and may employ polygraph operators.

15 (8) Undertake other identification, information,

16 laboratory, statistical, or registration activities that

17 may be required by law.

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

19 (20 ILCS 2605/2605-595)

20 Sec. 2605-595. State Police Firearm Services Fund.

21 (a) There is created in the State treasury a special fund

22 known as the State Police Firearm Services Fund. The Fund shall

23 receive revenue under ~~the Firearm Concealed Carry Act and~~

24 Section 5 of the Firearm Owners Identification Card Act. The

25 Fund may also receive revenue from grants, pass-through grants,

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1 donations, appropriations, and any other legal source.

2 (b) The Department of State Police may use moneys in the

3 Fund to finance any of its lawful purposes, mandates,

4 functions, and duties under the Firearm Owners Identification

5 Card Act ~~and the Firearm Concealed Carry Act~~, including the

6 cost of sending notices of expiration of Firearm Owner's

7 Identification Cards, ~~concealed carry licenses,~~ the prompt and

8 efficient processing of applications under the Firearm Owners

9 Identification Card Act ~~and the Firearm Concealed Carry Act~~,

10 the improved efficiency and reporting of the LEADS and federal

11 NICS law enforcement data systems, and support for

12 investigations required under that Act ~~these Acts~~ and law. Any

13 surplus funds beyond what is needed to comply with the

14 aforementioned purposes shall be used by the Department to

15 improve the Law Enforcement Agencies Data System (LEADS) and

16 criminal history background check system.

17 (c) Investment income that is attributable to the

18 investment of moneys in the Fund shall be retained in the Fund

19 for the uses specified in this Section.

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

21 Section 25. The State Finance Act is amended by changing

22 Section 6z-99 as follows:

23 (30 ILCS 105/6z-99)

24 Sec. 6z-99. The Mental Health Reporting Fund.

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1 (a) There is created in the State treasury a special fund

2 known as the Mental Health Reporting Fund. ~~The Fund shall~~

3 ~~receive revenue under the Firearm Concealed Carry Act.~~ The Fund

4 may ~~also~~ receive revenue from grants, pass-through grants,

5 donations, appropriations, and any other legal source.

6 (b) The Department of State Police and Department of Human

7 Services shall coordinate to use moneys in the Fund to finance

8 their respective duties of collecting and reporting data on

9 mental health records and ensuring that mental health firearm

10 possession prohibitors are enforced as set forth under the

11 ~~Firearm Concealed Carry Act and the~~ Firearm Owners

12 Identification Card Act. Any surplus in the Fund beyond what is

13 necessary to ensure compliance with mental health reporting

14 under that Act ~~these Acts~~ shall be used by the Department of

15 Human Services for mental health treatment programs.

16 (c) Investment income that is attributable to the

17 investment of moneys in the Fund shall be retained in the Fund

18 for the uses specified in this Section.

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

20 Section 30. The Liquor Control Act of 1934 is amended by

21 changing Section 10-1 as follows:

22 (235 ILCS 5/10-1) (from Ch. 43, par. 183)

23 Sec. 10-1. Violations; penalties. Whereas a substantial

24 threat to the sound and careful control, regulation, and

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1 taxation of the manufacture, sale, and distribution of

2 alcoholic liquors exists by virtue of individuals who

3 manufacture, import, distribute, or sell alcoholic liquors

4 within the State without having first obtained a valid license

5 to do so, and whereas such threat is especially serious along

6 the borders of this State, and whereas such threat requires

7 immediate correction by this Act, by active investigation and

8 prosecution by the State Commission, law enforcement

9 officials, and prosecutors, and by prompt and strict

10 enforcement through the courts of this State to punish

11 violators and to deter such conduct in the future:

12 (a) Any person who manufactures, imports for distribution

13 or use, transports from outside this State into this State, or

14 distributes or sells 108 liters (28.53 gallons) or more of

15 wine, 45 liters (11.88 gallons) or more of distilled spirits,

16 or 118 liters (31.17 gallons) or more of beer at any place

17 within the State without having first obtained a valid license

18 to do so under the provisions of this Act shall be guilty of a

19 Class 4 felony for each offense. However, any person who was

20 duly licensed under this Act and whose license expired within

21 30 days prior to a violation shall be guilty of a business

22 offense and fined not more than $1,000 for the first such

23 offense and shall be guilty of a Class 4 felony for each

24 subsequent offense.

25 Any person who manufactures, imports for distribution,

26 transports from outside this State into this State for sale or

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1 resale in this State, or distributes or sells less than 108

2 liters (28.53 gallons) of wine, less than 45 liters (11.88

3 gallons) of distilled spirits, or less than 118 liters (31.17

4 gallons) of beer at any place within the State without having

5 first obtained a valid license to do so under the provisions of

6 this Act shall be guilty of a business offense and fined not

7 more than $1,000 for the first such offense and shall be guilty

8 of a Class 4 felony for each subsequent offense. This

9 subsection does not apply to a motor carrier or freight

10 forwarder, as defined in Section 13102 of Title 49 of the

11 United States Code, an air carrier, as defined in Section 40102

12 of Title 49 of the United States Code, or a rail carrier, as

13 defined in Section 10102 of Title 49 of the United States Code.

14 Any person who: (1) has been issued an initial cease and

15 desist notice from the State Commission; and (2) for

16 compensation, does any of the following: (i) ships alcoholic

17 liquor into this State without a license authorized by Section

18 5-1 issued by the State Commission or in violation of that

19 license; or (ii) manufactures, imports for distribution,

20 transports from outside this State into this State for sale or

21 resale in this State, or distributes or sells alcoholic liquors

22 at any place without having first obtained a valid license to

23 do so is guilty of a Class 4 felony for each offense.

24 (b) (1) Any retailer, caterer retailer, brew pub, special

25 event retailer, special use permit holder, homebrewer special

26 event permit holder, or craft distiller tasting permit holder

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1 who knowingly causes alcoholic liquors to be imported directly

2 into the State of Illinois from outside of the State for the

3 purpose of furnishing, giving, or selling to another, except

4 when having received the product from a duly licensed

5 distributor or importing distributor, shall have his license

6 suspended for 30 days for the first offense and for the second

7 offense, shall have his license revoked by the Commission.

8 (2) In the event the State Commission receives a certified

9 copy of a final order from a foreign jurisdiction that an

10 Illinois retail licensee has been found to have violated that

11 foreign jurisdiction's laws, rules, or regulations concerning

12 the importation of alcoholic liquor into that foreign

13 jurisdiction, the violation may be grounds for the State

14 Commission to revoke, suspend, or refuse to issue or renew a

15 license, to impose a fine, or to take any additional action

16 provided by this Act with respect to the Illinois retail

17 license or licensee. Any such action on the part of the State

18 Commission shall be in accordance with this Act and

19 implementing rules.

20 For the purposes of paragraph (2): (i) "foreign

21 jurisdiction" means a state, territory, or possession of the

22 United States, the District of Columbia, or the Commonwealth of

23 Puerto Rico, and (ii) "final order" means an order or judgment

24 of a court or administrative body that determines the rights of

25 the parties respecting the subject matter of the proceeding,

26 that remains in full force and effect, and from which no appeal

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1 can be taken.

2 (c) Any person who shall make any false statement or

3 otherwise violates any of the provisions of this Act in

4 obtaining any license hereunder, or who having obtained a

5 license hereunder shall violate any of the provisions of this

6 Act with respect to the manufacture, possession, distribution

7 or sale of alcoholic liquor, or with respect to the maintenance

8 of the licensed premises, or shall violate any other provision

9 of this Act, shall for a first offense be guilty of a petty

10 offense and fined not more than $500, and for a second or

11 subsequent offense shall be guilty of a Class B misdemeanor.

12 (c-5) (Blank). ~~Any owner of an establishment that serves~~

13 ~~alcohol on its premises, if more than 50% of the~~

14 ~~establishment's gross receipts within the prior 3 months is~~

15 ~~from the sale of alcohol, who knowingly fails to prohibit~~

16 ~~concealed firearms on its premises or who knowingly makes a~~

17 ~~false statement or record to avoid the prohibition of concealed~~

18 ~~firearms on its premises under the Firearm Concealed Carry Act~~

19 ~~shall be guilty of a business offense with a fine up to $5,000.~~

20 (d) Each day any person engages in business as a

21 manufacturer, foreign importer, importing distributor,

22 distributor or retailer in violation of the provisions of this

23 Act shall constitute a separate offense.

24 (e) Any person, under the age of 21 years who, for the

25 purpose of buying, accepting or receiving alcoholic liquor from

26 a licensee, represents that he is 21 years of age or over shall

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1 be guilty of a Class A misdemeanor.

2 (f) In addition to the penalties herein provided, any

3 person licensed as a wine-maker in either class who

4 manufactures more wine than authorized by his license shall be

5 guilty of a business offense and shall be fined $1 for each

6 gallon so manufactured.

7 (g) A person shall be exempt from prosecution for a

8 violation of this Act if he is a peace officer in the

9 enforcement of the criminal laws and such activity is approved

10 in writing by one of the following:

11 (1) In all counties, the respective State's Attorney;

12 (2) The Director of State Police under Section 2605-10,

13 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,

14 2605-120, 2605-130, 2605-140, 2605-190, 2605-200,

15 2605-205, 2605-210, 2605-215, 2605-250, 2605-275,

16 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,

17 2605-340, 2605-350, 2605-355, 2605-360, 2605-365,

18 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,

19 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the

20 Department of State Police Law (20 ILCS 2605/2605-10,

21 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,

22 2605/2605-110, 2605/2605-115, 2605/2605-120,

23 2605/2605-130, 2605/2605-140, 2605/2605-190,

24 2605/2605-200, 2605/2605-205, 2605/2605-210,

25 2605/2605-215, 2605/2605-250, 2605/2605-275,

26 2605/2605-300, 2605/2605-305, 2605/2605-315,

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1 2605/2605-325, 2605/2605-335, 2605/2605-340,

2 2605/2605-350, 2605/2605-355, 2605/2605-360,

3 2605/2605-365, 2605/2605-375, 2605/2605-390,

4 2605/2605-400, 2605/2605-405, 2605/2605-420,

5 2605/2605-430, 2605/2605-435, 2605/2605-500,

6 2605/2605-525, or 2605/2605-550); or

7 (3) In cities over 1,000,000, the Superintendent of

8 Police.

9 (Source: P.A. 101-37, eff. 7-3-19.)

10 Section 35. The Firearm Owners Identification Card Act is

11 amended by changing Sections 2, 3, and 13.1 as follows:

12 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

13 Sec. 2. Firearm Owner's Identification Card required;

14 exceptions.

15 (a) (1) No person may acquire or possess any firearm, stun

16 gun, or taser within this State without having in his or her

17 possession a Firearm Owner's Identification Card previously

18 issued in his or her name by the Department of State Police

19 under the provisions of this Act.

20 (2) No person may acquire or possess firearm ammunition

21 within this State without having in his or her possession a

22 Firearm Owner's Identification Card previously issued in his or

23 her name by the Department of State Police under the provisions

24 of this Act.

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1 (b) The provisions of this Section regarding the possession

2 of firearms, firearm ammunition, stun guns, and tasers do not

3 apply to:

4 (1) United States Marshals, while engaged in the

5 operation of their official duties;

6 (2) Members of the Armed Forces of the United States or

7 the National Guard, while engaged in the operation of their

8 official duties;

9 (3) Federal officials required to carry firearms,

10 while engaged in the operation of their official duties;

11 (4) Members of bona fide veterans organizations which

12 receive firearms directly from the armed forces of the

13 United States, while using the firearms for ceremonial

14 purposes with blank ammunition;

15 (5) Nonresident hunters during hunting season, with

16 valid nonresident hunting licenses and while in an area

17 where hunting is permitted; however, at all other times and

18 in all other places these persons must have their firearms

19 unloaded and enclosed in a case;

20 (6) Those hunters exempt from obtaining a hunting

21 license who are required to submit their Firearm Owner's

22 Identification Card when hunting on Department of Natural

23 Resources owned or managed sites;

24 (7) Nonresidents while on a firing or shooting range

25 recognized by the Department of State Police; however,

26 these persons must at all other times and in all other

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1 places have their firearms unloaded and enclosed in a case;

2 (8) Nonresidents while at a firearm showing or display

3 recognized by the Department of State Police; however, at

4 all other times and in all other places these persons must

5 have their firearms unloaded and enclosed in a case;

6 (9) Nonresidents whose firearms are unloaded and

7 enclosed in a case;

8 (10) Nonresidents who are currently licensed or

9 registered to possess a firearm in their resident state;

10 (11) Unemancipated minors while in the custody and

11 immediate control of their parent or legal guardian or

12 other person in loco parentis to the minor if the parent or

13 legal guardian or other person in loco parentis to the

14 minor has a currently valid Firearm Owner's Identification

15 Card;

16 (12) Color guards of bona fide veterans organizations

17 or members of bona fide American Legion bands while using

18 firearms for ceremonial purposes with blank ammunition;

19 (13) Nonresident hunters whose state of residence does

20 not require them to be licensed or registered to possess a

21 firearm and only during hunting season, with valid hunting

22 licenses, while accompanied by, and using a firearm owned

23 by, a person who possesses a valid Firearm Owner's

24 Identification Card and while in an area within a

25 commercial club licensed under the Wildlife Code where

26 hunting is permitted and controlled, but in no instance

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1 upon sites owned or managed by the Department of Natural

2 Resources;

3 (14) Resident hunters who are properly authorized to

4 hunt and, while accompanied by a person who possesses a

5 valid Firearm Owner's Identification Card, hunt in an area

6 within a commercial club licensed under the Wildlife Code

7 where hunting is permitted and controlled;

8 (15) A person who is otherwise eligible to obtain a

9 Firearm Owner's Identification Card under this Act and is

10 under the direct supervision of a holder of a Firearm

11 Owner's Identification Card who is 21 years of age or older

12 while the person is on a firing or shooting range or is a

13 participant in a firearms safety and training course

14 recognized by a law enforcement agency or a national,

15 statewide shooting sports organization; and

16 (16) Competitive shooting athletes whose competition

17 firearms are sanctioned by the International Olympic

18 Committee, the International Paralympic Committee, the

19 International Shooting Sport Federation, or USA Shooting

20 in connection with such athletes' training for and

21 participation in shooting competitions at the 2016 Olympic

22 and Paralympic Games and sanctioned test events leading up

23 to the 2016 Olympic and Paralympic Games.

24 (c) The provisions of this Section regarding the

25 acquisition and possession of firearms, firearm ammunition,

26 stun guns, and tasers do not apply to law enforcement officials

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1 of this or any other jurisdiction, while engaged in the

2 operation of their official duties.

3 (c-5) (Blank). ~~The provisions of paragraphs (1) and (2) of~~

4 ~~subsection (a) of this Section regarding the possession of~~

5 ~~firearms and firearm ammunition do not apply to the holder of a~~

6 ~~valid concealed carry license issued under the Firearm~~

7 ~~Concealed Carry Act who is in physical possession of the~~

8 ~~concealed carry license.~~

9 (d) Any person who becomes a resident of this State, who is

10 not otherwise prohibited from obtaining, possessing, or using a

11 firearm or firearm ammunition, shall not be required to have a

12 Firearm Owner's Identification Card to possess firearms or

13 firearms ammunition until 60 calendar days after he or she

14 obtains an Illinois driver's license or Illinois

15 Identification Card.

16 (Source: P.A. 99-29, eff. 7-10-15.)

17 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

18 Sec. 3. (a) Except as provided in Section 3a, no person may

19 knowingly transfer, or cause to be transferred, any firearm,

20 firearm ammunition, stun gun, or taser to any person within

21 this State unless the transferee with whom he deals displays

22 ~~either: (1)~~a currently valid Firearm Owner's Identification

23 Card which has previously been issued in his or her name by the

24 Department of State Police under the provisions of this Act~~; or~~

25 ~~(2) a currently valid license to carry a concealed firearm~~

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1 ~~which has previously been issued in his or her name by the~~

2 ~~Department of State Police under the Firearm Concealed Carry~~

3 ~~Act~~. In addition, all firearm, stun gun, and taser transfers by

4 federally licensed firearm dealers are subject to Section 3.1.

5 (a-5) Any person who is not a federally licensed firearm

6 dealer and who desires to transfer or sell a firearm while that

7 person is on the grounds of a gun show must, before selling or

8 transferring the firearm, request the Department of State

9 Police to conduct a background check on the prospective

10 recipient of the firearm in accordance with Section 3.1.

11 (a-10) Notwithstanding item (2) of subsection (a) of this

12 Section, any person who is not a federally licensed firearm

13 dealer and who desires to transfer or sell a firearm or

14 firearms to any person who is not a federally licensed firearm

15 dealer shall, before selling or transferring the firearms,

16 contact the Department of State Police with the transferee's or

17 purchaser's Firearm Owner's Identification Card number to

18 determine the validity of the transferee's or purchaser's

19 Firearm Owner's Identification Card. This subsection shall not

20 be effective until January 1, 2014. The Department of State

21 Police may adopt rules concerning the implementation of this

22 subsection. The Department of State Police shall provide the

23 seller or transferor an approval number if the purchaser's

24 Firearm Owner's Identification Card is valid. Approvals issued

25 by the Department for the purchase of a firearm pursuant to

26 this subsection are valid for 30 days from the date of issue.

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1 (a-15) The provisions of subsection (a-10) of this Section

2 do not apply to:

3 (1) transfers that occur at the place of business of a

4 federally licensed firearm dealer, if the federally

5 licensed firearm dealer conducts a background check on the

6 prospective recipient of the firearm in accordance with

7 Section 3.1 of this Act and follows all other applicable

8 federal, State, and local laws as if he or she were the

9 seller or transferor of the firearm, although the dealer is

10 not required to accept the firearm into his or her

11 inventory. The purchaser or transferee may be required by

12 the federally licensed firearm dealer to pay a fee not to

13 exceed $10 per firearm, which the dealer may retain as

14 compensation for performing the functions required under

15 this paragraph, plus the applicable fees authorized by

16 Section 3.1;

17 (2) transfers as a bona fide gift to the transferor's

18 husband, wife, son, daughter, stepson, stepdaughter,

19 father, mother, stepfather, stepmother, brother, sister,

20 nephew, niece, uncle, aunt, grandfather, grandmother,

21 grandson, granddaughter, father-in-law, mother-in-law,

22 son-in-law, or daughter-in-law;

23 (3) transfers by persons acting pursuant to operation

24 of law or a court order;

25 (4) transfers on the grounds of a gun show under

26 subsection (a-5) of this Section;

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1 (5) the delivery of a firearm by its owner to a

2 gunsmith for service or repair, the return of the firearm

3 to its owner by the gunsmith, or the delivery of a firearm

4 by a gunsmith to a federally licensed firearms dealer for

5 service or repair and the return of the firearm to the

6 gunsmith;

7 (6) temporary transfers that occur while in the home of

8 the unlicensed transferee, if the unlicensed transferee is

9 not otherwise prohibited from possessing firearms and the

10 unlicensed transferee reasonably believes that possession

11 of the firearm is necessary to prevent imminent death or

12 great bodily harm to the unlicensed transferee;

13 (7) transfers to a law enforcement or corrections

14 agency or a law enforcement or corrections officer acting

15 within the course and scope of his or her official duties;

16 (8) transfers of firearms that have been rendered

17 permanently inoperable to a nonprofit historical society,

18 museum, or institutional collection; and

19 (9) transfers to a person who is exempt from the

20 requirement of possessing a Firearm Owner's Identification

21 Card under Section 2 of this Act.

22 (a-20) The Department of State Police shall develop an

23 Internet-based system for individuals to determine the

24 validity of a Firearm Owner's Identification Card prior to the

25 sale or transfer of a firearm. The Department shall have the

26 Internet-based system completed and available for use by July

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1 1, 2015. The Department shall adopt rules not inconsistent with

2 this Section to implement this system.

3 (b) Any person within this State who transfers or causes to

4 be transferred any firearm, stun gun, or taser shall keep a

5 record of such transfer for a period of 10 years from the date

6 of transfer. Such record shall contain the date of the

7 transfer; the description, serial number or other information

8 identifying the firearm, stun gun, or taser if no serial number

9 is available; and, if the transfer was completed within this

10 State, the transferee's Firearm Owner's Identification Card

11 number and any approval number or documentation provided by the

12 Department of State Police pursuant to subsection (a-10) of

13 this Section; if the transfer was not completed within this

14 State, the record shall contain the name and address of the

15 transferee. On or after January 1, 2006, the record shall

16 contain the date of application for transfer of the firearm. On

17 demand of a peace officer such transferor shall produce for

18 inspection such record of transfer. If the transfer or sale

19 took place at a gun show, the record shall include the unique

20 identification number. Failure to record the unique

21 identification number or approval number is a petty offense.

22 For transfers of a firearm, stun gun, or taser made on or after

23 the effective date of this amendatory Act of the 100th General

24 Assembly, failure by the private seller to maintain the

25 transfer records in accordance with this Section is a Class A

26 misdemeanor for the first offense and a Class 4 felony for a

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1 second or subsequent offense. A transferee shall not be

2 criminally liable under this Section provided that he or she

3 provides the Department of State Police with the transfer

4 records in accordance with procedures established by the

5 Department. The Department shall establish, by rule, a standard

6 form on its website.

7 (b-5) Any resident may purchase ammunition from a person

8 within or outside of Illinois if shipment is by United States

9 mail or by a private express carrier authorized by federal law

10 to ship ammunition. Any resident purchasing ammunition within

11 or outside the State of Illinois must provide the seller with a

12 copy of his or her valid Firearm Owner's Identification Card ~~or~~

13 ~~valid concealed carry license~~ and either his or her Illinois

14 driver's license or Illinois State Identification Card prior to

15 the shipment of the ammunition. The ammunition may be shipped

16 only to an address on either of those 2 documents.

17 (c) The provisions of this Section regarding the transfer

18 of firearm ammunition shall not apply to those persons

19 specified in paragraph (b) of Section 2 of this Act.

20 (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)

21 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

22 Sec. 13.1. Preemption.

23 (a) (Blank). ~~Except as otherwise provided in the Firearm~~

24 ~~Concealed Carry Act and subsections (b) and (c) of this~~

25 ~~Section, the provisions of any ordinance enacted by any~~

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1 ~~municipality which requires registration or imposes greater~~

2 ~~restrictions or limitations on the acquisition, possession and~~

3 ~~transfer of firearms than are imposed by this Act, are not~~

4 ~~invalidated or affected by this Act.~~

5 (b) The ~~Notwithstanding subsection (a) of this Section, the~~

6 regulation, licensing, possession, and registration of

7 handguns and ammunition for a handgun, and the transportation

8 of any firearm and ammunition by a holder of a valid Firearm

9 Owner's Identification Card issued by the Department of State

10 Police under this Act are exclusive powers and functions of

11 this State. Any ordinance or regulation, or portion of that

12 ordinance or regulation, enacted on or before the effective

13 date of this amendatory Act of the 98th General Assembly that

14 purports to impose regulations or restrictions on a holder of a

15 valid Firearm Owner's Identification Card issued by the

16 Department of State Police under this Act in a manner that is

17 inconsistent with this Act, on the effective date of this

18 amendatory Act of the 98th General Assembly, shall be invalid

19 in its application to a holder of a valid Firearm Owner's

20 Identification Card issued by the Department of State Police

21 under this Act.

22 (c) Notwithstanding subsection (a) of this Section, the

23 regulation of the possession or ownership of assault weapons

24 are exclusive powers and functions of this State. Any ordinance

25 or regulation, or portion of that ordinance or regulation, that

26 purports to regulate the possession or ownership of assault

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1 weapons in a manner that is inconsistent with this Act, shall

2 be invalid unless the ordinance or regulation is enacted on,

3 before, or within 10 days after the effective date of this

4 amendatory Act of the 98th General Assembly. Any ordinance or

5 regulation described in this subsection (c) enacted more than

6 10 days after the effective date of this amendatory Act of the

7 98th General Assembly is invalid. An ordinance enacted on,

8 before, or within 10 days after the effective date of this

9 amendatory Act of the 98th General Assembly may be amended. The

10 enactment or amendment of ordinances under this subsection (c)

11 are subject to the submission requirements of Section 13.3. For

12 the purposes of this subsection, "assault weapons" means

13 firearms designated by either make or model or by a test or

14 list of cosmetic features that cumulatively would place the

15 firearm into a definition of "assault weapon" under the

16 ordinance.

17 (d) For the purposes of this Section, "handgun" means any

18 device which is designed to expel a projectile or projectiles

19 by the action of an explosion, expansion of gas, or escape of

20 gas that is designed to be held and fired by the use of a single

21 hand. "Handgun" does not include:

22 (1) a stun gun or taser;

23 (2) a machine gun as defined in item (i) of paragraph

24 (7) of subsection (a) of Section 24-1 of the Criminal Code

25 of 2012;

26 (3) a short-barreled rifle or shotgun as defined in

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1 item (ii) of paragraph (7) of subsection (a) of Section

2 24-1 of the Criminal Code of 2012; or

3 (4) any pneumatic gun, spring gun, paint ball gun, or

4 B-B gun which expels a single globular projectile not

5 exceeding .18 inch in diameter, or which has a maximum

6 muzzle velocity of less than 700 feet per second, or which

7 expels breakable paint balls containing washable marking

8 ~~has the meaning ascribed to it in Section 5 of the Firearm~~

9 ~~Concealed Carry Act~~.

10 (e) This Section is a denial and limitation of home rule

11 powers and functions under subsection (h) of Section 6 of

12 Article VII of the Illinois Constitution.

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

14 (430 ILCS 66/Act rep.)

15 Section 40. The Firearm Concealed Carry Act is repealed.

16 Section 45. The Criminal Code of 2012 is amended by

17 changing Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:

18 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

20 (a) A person commits the offense of unlawful use of weapons

21 when he knowingly:

22 (1) Sells, manufactures, purchases, possesses or

23 carries any bludgeon, black-jack, slung-shot, sand-club,

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1 sand-bag, metal knuckles or other knuckle weapon

2 regardless of its composition, throwing star, or any knife,

3 commonly referred to as a switchblade knife, which has a

4 blade that opens automatically by hand pressure applied to

5 a button, spring or other device in the handle of the

6 knife, or a ballistic knife, which is a device that propels

7 a knifelike blade as a projectile by means of a coil

8 spring, elastic material or compressed gas; or

9 (2) Carries or possesses with intent to use the same

10 unlawfully against another, a dagger, dirk, billy,

11 dangerous knife, razor, stiletto, broken bottle or other

12 piece of glass, stun gun or taser or any other dangerous or

13 deadly weapon or instrument of like character; or

14 (2.5) Carries or possesses with intent to use the same

15 unlawfully against another, any firearm in a church,

16 synagogue, mosque, or other building, structure, or place

17 used for religious worship; or

18 (3) Carries on or about his person or in any vehicle, a

19 tear gas gun projector or bomb or any object containing

20 noxious liquid gas or substance, other than an object

21 containing a non-lethal noxious liquid gas or substance

22 designed solely for personal defense carried by a person 18

23 years of age or older; or

24 (4) Carries or possesses in any vehicle or concealed on

25 or about his person except when on his land or in his own

26 abode, legal dwelling, or fixed place of business, or on

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1 the land or in the legal dwelling of another person as an

2 invitee with that person's permission, any pistol,

3 revolver, stun gun or taser or other firearm, except that

4 this subsection (a) (4) does not apply to or affect

5 transportation of weapons that meet one of the following

6 conditions:

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

8 (ii) are not immediately accessible; or

9 (iii) are unloaded and enclosed in a case, firearm

10 carrying box, shipping box, or other container by a

11 person who has been issued a currently valid Firearm

12 Owner's Identification Card; or

13 (iv) are carried or possessed ~~in accordance with~~

14 ~~the Firearm Concealed Carry Act~~ by a person who has

15 been issued a currently valid Firearm Owner's

16 Identification Card under the Firearm Owners

17 Identification Card Act ~~license under the Firearm~~

18 ~~Concealed Carry Act~~; or

19 (5) Sets a spring gun; or

20 (6) Possesses any device or attachment of any kind

21 designed, used or intended for use in silencing the report

22 of any firearm; or

23 (7) Sells, manufactures, purchases, possesses or

24 carries:

25 (i) a machine gun, which shall be defined for the

26 purposes of this subsection as any weapon, which

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1 shoots, is designed to shoot, or can be readily

2 restored to shoot, automatically more than one shot

3 without manually reloading by a single function of the

4 trigger, including the frame or receiver of any such

5 weapon, or sells, manufactures, purchases, possesses,

6 or carries any combination of parts designed or

7 intended for use in converting any weapon into a

8 machine gun, or any combination or parts from which a

9 machine gun can be assembled if such parts are in the

10 possession or under the control of a person;

11 (ii) any rifle having one or more barrels less than

12 16 inches in length or a shotgun having one or more

13 barrels less than 18 inches in length or any weapon

14 made from a rifle or shotgun, whether by alteration,

15 modification, or otherwise, if such a weapon as

16 modified has an overall length of less than 26 inches;

17 or

18 (iii) any bomb, bomb-shell, grenade, bottle or

19 other container containing an explosive substance of

20 over one-quarter ounce for like purposes, such as, but

21 not limited to, black powder bombs and Molotov

22 cocktails or artillery projectiles; or

23 (8) Carries or possesses any firearm, stun gun or taser

24 or other deadly weapon in any place which is licensed to

25 sell intoxicating beverages, or at any public gathering

26 held pursuant to a license issued by any governmental body

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1 or any public gathering at which an admission is charged,

2 excluding a place where a showing, demonstration or lecture

3 involving the exhibition of unloaded firearms is

4 conducted.

5 This subsection (a)(8) does not apply to any auction or

6 raffle of a firearm held pursuant to a license or permit

7 issued by a governmental body, nor does it apply to persons

8 engaged in firearm safety training courses; or

9 (9) Carries or possesses in a vehicle or on or about

10 his or her person any pistol, revolver, stun gun or taser

11 or firearm or ballistic knife, when he or she is hooded,

12 robed or masked in such manner as to conceal his or her

13 identity; or

14 (10) Carries or possesses on or about his or her

15 person, upon any public street, alley, or other public

16 lands within the corporate limits of a city, village, or

17 incorporated town, except when an invitee thereon or

18 therein, for the purpose of the display of such weapon or

19 the lawful commerce in weapons, or except when on his land

20 or in his or her own abode, legal dwelling, or fixed place

21 of business, or on the land or in the legal dwelling of

22 another person as an invitee with that person's permission,

23 any pistol, revolver, stun gun, or taser or other firearm,

24 except that this subsection (a) (10) does not apply to or

25 affect transportation of weapons that meet one of the

26 following conditions:

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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 who has been issued a currently valid Firearm

6 Owner's Identification Card; or

7 (iv) are carried or possessed in accordance with

8 the Firearm Owners Identification Card Act ~~Concealed~~

9 ~~Carry Act~~ by a person who has been issued a currently

10 valid ~~license under the~~ Firearm Owner's Identification

11 Card ~~Concealed Carry Act~~.

12 A "stun gun or taser", as used in this paragraph (a)

13 means (i) any device which is powered by electrical

14 charging units, such as, batteries, and which fires one or

15 several barbs attached to a length of wire and which, upon

16 hitting a human, can send out a current capable of

17 disrupting the person's nervous system in such a manner as

18 to render him incapable of normal functioning or (ii) any

19 device which is powered by electrical charging units, such

20 as batteries, and which, upon contact with a human or

21 clothing worn by a human, can send out current capable of

22 disrupting the person's nervous system in such a manner as

23 to render him incapable of normal functioning; or

24 (11) Sells, manufactures, or purchases any explosive

25 bullet. For purposes of this paragraph (a) "explosive

26 bullet" means the projectile portion of an ammunition

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1 cartridge which contains or carries an explosive charge

2 which will explode upon contact with the flesh of a human

3 or an animal. "Cartridge" means a tubular metal case having

4 a projectile affixed at the front thereof and a cap or

5 primer at the rear end thereof, with the propellant

6 contained in such tube between the projectile and the cap;

7 or

8 (12) (Blank); or

9 (13) Carries or possesses on or about his or her person

10 while in a building occupied by a unit of government, a

11 billy club, other weapon of like character, or other

12 instrument of like character intended for use as a weapon.

13 For the purposes of this Section, "billy club" means a

14 short stick or club commonly carried by police officers

15 which is either telescopic or constructed of a solid piece

16 of wood or other man-made material.

17 (b) Sentence. A person convicted of a violation of

18 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

19 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

20 Class A misdemeanor. A person convicted of a violation of

21 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

22 person convicted of a violation of subsection 24-1(a)(6) or

23 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

24 convicted of a violation of subsection 24-1(a)(7)(i) commits a

25 Class 2 felony and shall be sentenced to a term of imprisonment

26 of not less than 3 years and not more than 7 years, unless the

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1 weapon is possessed in the passenger compartment of a motor

2 vehicle as defined in Section 1-146 of the Illinois Vehicle

3 Code, or on the person, while the weapon is loaded, in which

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

5 second or subsequent violation of subsection 24-1(a)(4),

6 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

7 felony. A person convicted of a violation of subsection

8 24-1(a)(2.5) commits a Class 2 felony. The possession of each

9 weapon in violation of this Section constitutes a single and

10 separate violation.

11 (c) Violations in specific places.

12 (1) A person who violates subsection 24-1(a)(6) or

13 24-1(a)(7) in any school, regardless of the time of day or

14 the time of year, in residential property owned, operated

15 or managed by a public housing agency or leased by a public

16 housing agency as part of a scattered site or mixed-income

17 development, in a public park, in a courthouse, on the real

18 property comprising any school, regardless of the time of

19 day or the time of year, on residential property owned,

20 operated or managed by a public housing agency or leased by

21 a public housing agency as part of a scattered site or

22 mixed-income development, on the real property comprising

23 any public park, on the real property comprising any

24 courthouse, in any conveyance owned, leased or contracted

25 by a school to transport students to or from school or a

26 school related activity, in any conveyance owned, leased,

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1 or contracted by a public transportation agency, or on any

2 public way within 1,000 feet of the real property

3 comprising any school, public park, courthouse, public

4 transportation facility, or residential property owned,

5 operated, or managed by a public housing agency or leased

6 by a public housing agency as part of a scattered site or

7 mixed-income development commits a Class 2 felony and shall

8 be sentenced to a term of imprisonment of not less than 3

9 years and not more than 7 years.

10 (1.5) A person who violates subsection 24-1(a)(4),

11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

12 time of day or the time of year, in residential property

13 owned, operated, or managed by a public housing agency or

14 leased by a public housing agency as part of a scattered

15 site or mixed-income development, in a public park, in a

16 courthouse, on the real property comprising any school,

17 regardless of the time of day or the time of year, on

18 residential property owned, operated, or managed by a

19 public housing agency or leased by a public housing agency

20 as part of a scattered site or mixed-income development, on

21 the real property comprising any public park, on the real

22 property comprising any courthouse, in any conveyance

23 owned, leased, or contracted by a school to transport

24 students to or from school or a school related activity, in

25 any conveyance owned, leased, or contracted by a public

26 transportation agency, or on any public way within 1,000

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1 feet of the real property comprising any school, public

2 park, courthouse, public transportation facility, or

3 residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

5 as part of a scattered site or mixed-income development

6 commits a Class 3 felony.

7 (2) A person who violates subsection 24-1(a)(1),

8 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

9 time of day or the time of year, in residential property

10 owned, operated or managed by a public housing agency or

11 leased by a public housing agency as part of a scattered

12 site or mixed-income development, in a public park, in a

13 courthouse, on the real property comprising any school,

14 regardless of the time of day or the time of year, on

15 residential property owned, operated or managed by a public

16 housing agency or leased by a public housing agency as part

17 of a scattered site or mixed-income development, on the

18 real property comprising any public park, on the real

19 property comprising any courthouse, in any conveyance

20 owned, leased or contracted by a school to transport

21 students to or from school or a school related activity, in

22 any conveyance owned, leased, or contracted by a public

23 transportation agency, or on any public way within 1,000

24 feet of the real property comprising any school, public

25 park, courthouse, public transportation facility, or

26 residential property owned, operated, or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development

3 commits a Class 4 felony. "Courthouse" means any building

4 that is used by the Circuit, Appellate, or Supreme Court of

5 this State for the conduct of official business.

6 (3) Paragraphs (1), (1.5), and (2) of this subsection

7 (c) shall not apply to law enforcement officers or security

8 officers of such school, college, or university or to

9 students carrying or possessing firearms for use in

10 training courses, parades, hunting, target shooting on

11 school ranges, or otherwise with the consent of school

12 authorities and which firearms are transported unloaded

13 enclosed in a suitable case, box, or transportation

14 package.

15 (4) For the purposes of this subsection (c), "school"

16 means any public or private elementary or secondary school,

17 community college, college, or university.

18 (5) For the purposes of this subsection (c), "public

19 transportation agency" means a public or private agency

20 that provides for the transportation or conveyance of

21 persons by means available to the general public, except

22 for transportation by automobiles not used for conveyance

23 of the general public as passengers; and "public

24 transportation facility" means a terminal or other place

25 where one may obtain public transportation.

26 (d) The presence in an automobile other than a public

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1 omnibus of any weapon, instrument or substance referred to in

2 subsection (a)(7) is prima facie evidence that it is in the

3 possession of, and is being carried by, all persons occupying

4 such automobile at the time such weapon, instrument or

5 substance is found, except under the following circumstances:

6 (i) if such weapon, instrument or instrumentality is found upon

7 the person of one of the occupants therein; or (ii) if such

8 weapon, instrument or substance is found in an automobile

9 operated for hire by a duly licensed driver in the due, lawful

10 and proper pursuit of his or her trade, then such presumption

11 shall not apply to the driver.

12 (e) Exemptions.

13 (1) Crossbows, Common or Compound bows and Underwater

14 Spearguns are exempted from the definition of ballistic

15 knife as defined in paragraph (1) of subsection (a) of this

16 Section.

17 (2) The provision of paragraph (1) of subsection (a) of

18 this Section prohibiting the sale, manufacture, purchase,

19 possession, or carrying of any knife, commonly referred to

20 as a switchblade knife, which has a blade that opens

21 automatically by hand pressure applied to a button, spring

22 or other device in the handle of the knife, does not apply

23 to a person who possesses a currently valid Firearm Owner's

24 Identification Card previously issued in his or her name by

25 the Department of State Police or to a person or an entity

26 engaged in the business of selling or manufacturing

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1 switchblade knives.

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

3 (720 ILCS 5/24-1.6)

4 Sec. 24-1.6. Aggravated unlawful use of a weapon.

5 (a) A person commits the offense of aggravated unlawful use

6 of a weapon when he or she knowingly:

7 (1) Carries on or about his or her person or in any

8 vehicle or concealed on or about his or her person except

9 when on his or her land or in his or her abode, legal

10 dwelling, or fixed place of business, or on the land or in

11 the legal dwelling of another person as an invitee with

12 that person's permission, any pistol, revolver, stun gun or

13 taser or other firearm; or

14 (2) Carries or possesses on or about his or her person,

15 upon any public street, alley, or other public lands within

16 the corporate limits of a city, village or incorporated

17 town, except when an invitee thereon or therein, for the

18 purpose of the display of such weapon or the lawful

19 commerce in weapons, or except when on his or her own land

20 or in his or her own abode, legal dwelling, or fixed place

21 of business, or on the land or in the legal dwelling of

22 another person as an invitee with that person's permission,

23 any pistol, revolver, stun gun or taser or other firearm;

24 and

25 (3) One of the following factors is present:

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1 (A) the firearm, other than a pistol, revolver, or

2 handgun, possessed was uncased, loaded, and

3 immediately accessible at the time of the offense; or

4 (A-5) the pistol, revolver, or handgun possessed

5 was uncased, loaded, and immediately accessible at the

6 time of the offense and the person possessing the

7 pistol, revolver, or handgun has not been issued a

8 currently valid Firearm Owner's Identification Card

9 under the Firearm Owners Identification Card ~~license~~

10 ~~under the Firearm Concealed Carry~~ Act; or

11 (B) the firearm, other than a pistol, revolver, or

12 handgun, possessed was uncased, unloaded, and the

13 ammunition for the weapon was immediately accessible

14 at the time of the offense; or

15 (B-5) the pistol, revolver, or handgun possessed

16 was uncased, unloaded, and the ammunition for the

17 weapon was immediately accessible at the time of the

18 offense and the person possessing the pistol,

19 revolver, or handgun has not been issued a currently

20 valid Firearm Owner's Identification Card under the

21 Firearm Owners Identification Card ~~license under the~~

22 ~~Firearm Concealed Carry~~ Act; or

23 (C) the person possessing the firearm has not been

24 issued a currently valid Firearm Owner's

25 Identification Card; or

26 (D) the person possessing the weapon was

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1 previously adjudicated a delinquent minor under the

2 Juvenile Court Act of 1987 for an act that if committed

3 by an adult would be a felony; or

4 (E) the person possessing the weapon was engaged in

5 a misdemeanor violation of the Cannabis Control Act, in

6 a misdemeanor violation of the Illinois Controlled

7 Substances Act, or in a misdemeanor violation of the

8 Methamphetamine Control and Community Protection Act;

9 or

10 (F) (blank); or

11 (G) the person possessing the weapon had an order

12 of protection issued against him or her within the

13 previous 2 years; or

14 (H) the person possessing the weapon was engaged in

15 the commission or attempted commission of a

16 misdemeanor involving the use or threat of violence

17 against the person or property of another; or

18 (I) the person possessing the weapon was under 21

19 years of age and in possession of a handgun, unless the

20 person under 21 is engaged in lawful activities under

21 the Wildlife Code or described in subsection

22 24-2(b)(1), (b)(3), or 24-2(f).

23 (a-5) "Handgun" as used in this Section has the meaning

24 given to it in Section 13.1 of the Firearm Owners

25 Identification Card ~~Section 5 of the Firearm Concealed Carry~~

26 Act.

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1 (b) "Stun gun or taser" as used in this Section has the

2 same definition given to it in Section 24-1 of this Code.

3 (c) This Section does not apply to or affect the

4 transportation or possession of weapons that:

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

6 (ii) are not immediately accessible; or

7 (iii) are unloaded and enclosed in a case, firearm

8 carrying box, shipping box, or other container by a person

9 who has been issued a currently valid Firearm Owner's

10 Identification Card.

11 (d) Sentence.

12 (1) Aggravated unlawful use of a weapon is a Class 4

13 felony; a second or subsequent offense is a Class 2 felony

14 for which the person shall be sentenced to a term of

15 imprisonment of not less than 3 years and not more than 7

16 years, except as provided for in Section 5-4.5-110 of the

17 Unified Code of Corrections.

18 (2) Except as otherwise provided in paragraphs (3) and

19 (4) of this subsection (d), a first offense of aggravated

20 unlawful use of a weapon committed with a firearm by a

21 person 18 years of age or older where the factors listed in

22 both items (A) and (C) or both items (A-5) and (C) of

23 paragraph (3) of subsection (a) are present is a Class 4

24 felony, for which the person shall be sentenced to a term

25 of imprisonment of not less than one year and not more than

26 3 years.

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1 (3) Aggravated unlawful use of a weapon by a person who

2 has been previously convicted of a felony in this State or

3 another jurisdiction is a Class 2 felony for which the

4 person shall be sentenced to a term of imprisonment of not

5 less than 3 years and not more than 7 years, except as

6 provided for in Section 5-4.5-110 of the Unified Code of

7 Corrections.

8 (4) Aggravated unlawful use of a weapon while wearing

9 or in possession of body armor as defined in Section 33F-1

10 by a person who has not been issued a valid Firearms

11 Owner's Identification Card in accordance with Section 5 of

12 the Firearm Owners Identification Card Act is a Class X

13 felony.

14 (e) The possession of each firearm in violation of this

15 Section constitutes a single and separate violation.

16 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

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

20 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

21 the 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,

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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

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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

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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

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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

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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.

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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) and Section

11 24-1.6do not apply to or affect any person carrying a

12 concealed pistol, revolver, or handgun and the person has been

13 issued a currently valid Firearm Owner's Identification Card

14 under the Firearm Owners Identification Card ~~license under the~~

15 ~~Firearm Concealed Carry Act~~ at the time of the commission of

16 the offense.

17 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

18 to or affect a qualified current or retired law enforcement

19 officer qualified under the laws of this State or under the

20 federal Law Enforcement Officers Safety Act.

21 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

22 24-1.6 do not apply to or affect any of the following:

23 (1) Members of any club or organization organized for

24 the purpose of practicing shooting at targets upon

25 established target ranges, whether public or private, and

26 patrons of such ranges, while such members or patrons are

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1 using their firearms on those target ranges.

2 (2) Duly authorized military or civil organizations

3 while parading, with the special permission of the

4 Governor.

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

6 permit while engaged in hunting, trapping or fishing.

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

8 non-functioning state or are not immediately accessible.

9 (5) Carrying or possessing any pistol, revolver, stun

10 gun or taser or other firearm on the land or in the legal

11 dwelling of another person as an invitee with that person's

12 permission.

13 (c) Subsection 24-1(a)(7) does not apply to or affect any

14 of the following:

15 (1) Peace officers while in performance of their

16 official duties.

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

18 penitentiaries, jails and other institutions for the

19 detention of persons accused or convicted of an offense.

20 (3) Members of the Armed Services or Reserve Forces of

21 the United States or the Illinois National Guard, while in

22 the performance of their official duty.

23 (4) Manufacture, transportation, or sale of machine

24 guns to persons authorized under subdivisions (1) through

25 (3) of this subsection to possess machine guns, if the

26 machine guns are broken down in a non-functioning state or

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1 are not immediately accessible.

2 (5) Persons licensed under federal law to manufacture

3 any weapon from which 8 or more shots or bullets can be

4 discharged by a single function of the firing device, or

5 ammunition for such weapons, and actually engaged in the

6 business of manufacturing such weapons or ammunition, but

7 only with respect to activities which are within the lawful

8 scope of such business, such as the manufacture,

9 transportation, or testing of such weapons or ammunition.

10 This exemption does not authorize the general private

11 possession of any weapon from which 8 or more shots or

12 bullets can be discharged by a single function of the

13 firing device, but only such possession and activities as

14 are within the lawful scope of a licensed manufacturing

15 business described in this paragraph.

16 During transportation, such weapons shall be broken

17 down in a non-functioning state or not immediately

18 accessible.

19 (6) The manufacture, transport, testing, delivery,

20 transfer or sale, and all lawful commercial or experimental

21 activities necessary thereto, of rifles, shotguns, and

22 weapons made from rifles or shotguns, or ammunition for

23 such rifles, shotguns or weapons, where engaged in by a

24 person operating as a contractor or subcontractor pursuant

25 to a contract or subcontract for the development and supply

26 of such rifles, shotguns, weapons or ammunition to the

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1 United States government or any branch of the Armed Forces

2 of the United States, when such activities are necessary

3 and incident to fulfilling the terms of such contract.

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

5 shall also apply to any authorized agent of any such

6 contractor or subcontractor who is operating within the

7 scope of his employment, where such activities involving

8 such weapon, weapons or ammunition are necessary and

9 incident to fulfilling the terms of such contract.

10 (7) A person possessing a rifle with a barrel or

11 barrels less than 16 inches in length if: (A) the person

12 has been issued a Curios and Relics license from the U.S.

13 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

14 the person is an active member of a bona fide, nationally

15 recognized military re-enacting group and the modification

16 is required and necessary to accurately portray the weapon

17 for historical re-enactment purposes; the re-enactor is in

18 possession of a valid and current re-enacting group

19 membership credential; and the overall length of the weapon

20 as modified is not less than 26 inches.

21 (d) Subsection 24-1(a)(1) does not apply to the purchase,

22 possession or carrying of a black-jack or slung-shot by a peace

23 officer.

24 (e) Subsection 24-1(a)(8) does not apply to any owner,

25 manager or authorized employee of any place specified in that

26 subsection nor to any law enforcement officer.

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1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

2 Section 24-1.6 do not apply to members of any club or

3 organization organized for the purpose of practicing shooting

4 at targets upon established target ranges, whether public or

5 private, while using their firearms on those target ranges.

6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

7 to:

8 (1) Members of the Armed Services or Reserve Forces of

9 the United States or the Illinois National Guard, while in

10 the performance of their official duty.

11 (2) Bonafide collectors of antique or surplus military

12 ordnance.

13 (3) Laboratories having a department of forensic

14 ballistics, or specializing in the development of

15 ammunition or explosive ordnance.

16 (4) Commerce, preparation, assembly or possession of

17 explosive bullets by manufacturers of ammunition licensed

18 by the federal government, in connection with the supply of

19 those organizations and persons exempted by subdivision

20 (g)(1) of this Section, or like organizations and persons

21 outside this State, or the transportation of explosive

22 bullets to any organization or person exempted in this

23 Section by a common carrier or by a vehicle owned or leased

24 by an exempted manufacturer.

25 (g-5) Subsection 24-1(a)(6) does not apply to or affect

26 persons licensed under federal law to manufacture any device or

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1 attachment of any kind designed, used, or intended for use in

2 silencing the report of any firearm, firearms, or ammunition

3 for those firearms equipped with those devices, and actually

4 engaged in the business of manufacturing those devices,

5 firearms, or ammunition, but only with respect to activities

6 that are within the lawful scope of that business, such as the

7 manufacture, transportation, or testing of those devices,

8 firearms, or ammunition. This exemption does not authorize the

9 general private possession of any device or attachment of any

10 kind designed, used, or intended for use in silencing the

11 report of any firearm, but only such possession and activities

12 as are within the lawful scope of a licensed manufacturing

13 business described in this subsection (g-5). During

14 transportation, these devices shall be detached from any weapon

15 or not immediately accessible.

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

17 24-1.6 do not apply to or affect any parole agent or parole

18 supervisor who meets the qualifications and conditions

19 prescribed in Section 3-14-1.5 of the Unified Code of

20 Corrections.

21 (g-7) Subsection 24-1(a)(6) does not apply to a peace

22 officer while serving as a member of a tactical response team

23 or special operations team. A peace officer may not personally

24 own or apply for ownership of a device or attachment of any

25 kind designed, used, or intended for use in silencing the

26 report of any firearm. These devices shall be owned and

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1 maintained by lawfully recognized units of government whose

2 duties include the investigation of criminal acts.

3 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

4 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

5 athlete's possession, transport on official Olympic and

6 Paralympic transit systems established for athletes, or use of

7 competition firearms sanctioned by the International Olympic

8 Committee, the International Paralympic Committee, the

9 International Shooting Sport Federation, or USA Shooting in

10 connection with such athlete's training for and participation

11 in shooting competitions at the 2016 Olympic and Paralympic

12 Games and sanctioned test events leading up to the 2016 Olympic

13 and Paralympic Games.

14 (h) An information or indictment based upon a violation of

15 any subsection of this Article need not negative any exemptions

16 contained in this Article. The defendant shall have the burden

17 of proving such an exemption.

18 (i) Nothing in this Article shall prohibit, apply to, or

19 affect the transportation, carrying, or possession, of any

20 pistol or revolver, stun gun, taser, or other firearm consigned

21 to a common carrier operating under license of the State of

22 Illinois or the federal government, where such transportation,

23 carrying, or possession is incident to the lawful

24 transportation in which such common carrier is engaged; and

25 nothing in this Article shall prohibit, apply to, or affect the

26 transportation, carrying, or possession of any pistol,

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1 revolver, stun gun, taser, or other firearm, not the subject of

2 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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

4 carrying box, shipping box, or other container, by the

5 possessor of a valid Firearm Owners Identification Card.

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

7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

9 (A) A person commits the offense of unlawful sale or

10 delivery of firearms when he or she knowingly does any of the

11 following:

12 (a) Sells or gives any firearm of a size which may be

13 concealed upon the person to any person under 18 years of

14 age.

15 (b) Sells or gives any firearm to a person under 21

16 years of age who has been convicted of a misdemeanor other

17 than a traffic offense or adjudged delinquent.

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

19 (d) Sells or gives any firearm to any person who has

20 been convicted of a felony under the laws of this or any

21 other jurisdiction.

22 (e) Sells or gives any firearm to any person who has

23 been a patient in a mental institution within the past 5

24 years. In this subsection (e):

25 "Mental institution" means any hospital,

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1 institution, clinic, evaluation facility, mental

2 health center, or part thereof, which is used primarily

3 for the care or treatment of persons with mental

4 illness.

5 "Patient in a mental institution" means the person

6 was admitted, either voluntarily or involuntarily, to

7 a mental institution for mental health treatment,

8 unless the treatment was voluntary and solely for an

9 alcohol abuse disorder and no other secondary

10 substance abuse disorder or mental illness.

11 (f) Sells or gives any firearms to any person who is a

12 person with an intellectual disability.

13 (g) Delivers any firearm, incidental to a sale, without

14 withholding delivery of the firearm for at least 72 hours

15 after application for its purchase has been made, or

16 delivers a stun gun or taser, incidental to a sale, without

17 withholding delivery of the stun gun or taser for at least

18 24 hours after application for its purchase has been made.

19 However, this paragraph (g) does not apply to: (1) the sale

20 of a firearm to a law enforcement officer if the seller of

21 the firearm knows that the person to whom he or she is

22 selling the firearm is a law enforcement officer or the

23 sale of a firearm to a person who desires to purchase a

24 firearm for use in promoting the public interest incident

25 to his or her employment as a bank guard, armed truck

26 guard, or other similar employment; (2) a mail order sale

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1 of a firearm from a federally licensed firearms dealer to a

2 nonresident of Illinois under which the firearm is mailed

3 to a federally licensed firearms dealer outside the

4 boundaries of Illinois; (3) (blank); (4) the sale of a

5 firearm to a dealer licensed as a federal firearms dealer

6 under Section 923 of the federal Gun Control Act of 1968

7 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,

8 shotgun, or other long gun to a resident registered

9 competitor or attendee or non-resident registered

10 competitor or attendee by any dealer licensed as a federal

11 firearms dealer under Section 923 of the federal Gun

12 Control Act of 1968 at competitive shooting events held at

13 the World Shooting Complex sanctioned by a national

14 governing body. For purposes of transfers or sales under

15 subparagraph (5) of this paragraph (g), the Department of

16 Natural Resources shall give notice to the Department of

17 State Police at least 30 calendar days prior to any

18 competitive shooting events at the World Shooting Complex

19 sanctioned by a national governing body. The notification

20 shall be made on a form prescribed by the Department of

21 State Police. The sanctioning body shall provide a list of

22 all registered competitors and attendees at least 24 hours

23 before the events to the Department of State Police. Any

24 changes to the list of registered competitors and attendees

25 shall be forwarded to the Department of State Police as

26 soon as practicable. The Department of State Police must

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1 destroy the list of registered competitors and attendees no

2 later than 30 days after the date of the event. Nothing in

3 this paragraph (g) relieves a federally licensed firearm

4 dealer from the requirements of conducting a NICS

5 background check through the Illinois Point of Contact

6 under 18 U.S.C. 922(t). For purposes of this paragraph (g),

7 "application" means when the buyer and seller reach an

8 agreement to purchase a firearm. For purposes of this

9 paragraph (g), "national governing body" means a group of

10 persons who adopt rules and formulate policy on behalf of a

11 national firearm sporting organization.

12 (h) While holding any license as a dealer, importer,

13 manufacturer or pawnbroker under the federal Gun Control

14 Act of 1968, manufactures, sells or delivers to any

15 unlicensed person a handgun having a barrel, slide, frame

16 or receiver which is a die casting of zinc alloy or any

17 other nonhomogeneous metal which will melt or deform at a

18 temperature of less than 800 degrees Fahrenheit. For

19 purposes of this paragraph, (1) "firearm" is defined as in

20 the Firearm Owners Identification Card Act; and (2)

21 "handgun" is defined as a firearm designed to be held and

22 fired by the use of a single hand, and includes a

23 combination of parts from which such a firearm can be

24 assembled.

25 (i) Sells or gives a firearm of any size to any person

26 under 18 years of age who does not possess a valid Firearm

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1 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) Sells or transfers ownership of a firearm to a

24 person who does not display to the seller or transferor of

25 the firearm ~~either: (1)~~ a currently valid Firearm Owner's

26 Identification Card that has previously been issued in the

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1 transferee's name by the Department of State Police under

2 the provisions of the Firearm Owners Identification Card

3 Act~~; or (2) a currently valid license to carry a concealed~~

4 ~~firearm that has previously been issued in the transferee's~~

5 ~~name by the Department of State Police under the Firearm~~

6 ~~Concealed Carry Act~~. This paragraph (k) does not apply to

7 the transfer of a firearm to a person who is exempt from

8 the requirement of possessing a Firearm Owner's

9 Identification Card under Section 2 of the Firearm Owners

10 Identification Card Act. For the purposes of this Section,

11 a currently valid Firearm Owner's Identification Card

12 means (i) a Firearm Owner's Identification Card that has

13 not expired or (ii) an approval number issued in accordance

14 with subsection (a-10) of subsection 3 or Section 3.1 of

15 the Firearm Owners Identification Card Act shall be proof

16 that the Firearm Owner's Identification Card was valid.

17 (1) In addition to the other requirements of this

18 paragraph (k), all persons who are not federally

19 licensed firearms dealers must also have complied with

20 subsection (a-10) of Section 3 of the Firearm Owners

21 Identification Card Act by determining the validity of

22 a purchaser's Firearm Owner's Identification Card.

23 (2) All sellers or transferors who have complied

24 with the requirements of subparagraph (1) of this

25 paragraph (k) shall not be liable for damages in any

26 civil action arising from the use or misuse by the

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1 transferee of the firearm transferred, except for

2 willful or wanton misconduct on the part of the seller

3 or transferor.

4 (l) Not being entitled to the possession of a firearm,

5 delivers the firearm, knowing it to have been stolen or

6 converted. It may be inferred that a person who possesses a

7 firearm with knowledge that its serial number has been

8 removed or altered has knowledge that the firearm is stolen

9 or converted.

10 (B) Paragraph (h) of subsection (A) does not include

11 firearms sold within 6 months after enactment of Public Act

12 78-355 (approved August 21, 1973, effective October 1, 1973),

13 nor is any firearm legally owned or possessed by any citizen or

14 purchased by any citizen within 6 months after the enactment of

15 Public Act 78-355 subject to confiscation or seizure under the

16 provisions of that Public Act. Nothing in Public Act 78-355

17 shall be construed to prohibit the gift or trade of any firearm

18 if that firearm was legally held or acquired within 6 months

19 after the enactment of that Public Act.

20 (C) Sentence.

21 (1) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (c), (e), (f), (g),

23 or (h) of subsection (A) commits a Class 4 felony.

24 (2) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (b) or (i) of

26 subsection (A) commits a Class 3 felony.

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1 (3) Any person convicted of unlawful sale or delivery

2 of firearms in violation of paragraph (a) of subsection (A)

3 commits a Class 2 felony.

4 (4) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (a), (b), or (i) of

6 subsection (A) in any school, on the real property

7 comprising a school, within 1,000 feet of the real property

8 comprising a school, at a school related activity, or on or

9 within 1,000 feet of any conveyance owned, leased, or

10 contracted by a school or school district to transport

11 students to or from school or a school related activity,

12 regardless of the time of day or time of year at which the

13 offense was committed, commits a Class 1 felony. Any person

14 convicted of a second or subsequent violation of unlawful

15 sale or delivery of firearms in violation of paragraph (a),

16 (b), or (i) of subsection (A) in any school, on the real

17 property comprising a school, within 1,000 feet of the real

18 property comprising a school, at a school related activity,

19 or on or within 1,000 feet of any conveyance owned, leased,

20 or contracted by a school or school district to transport

21 students to or from school or a school related activity,

22 regardless of the time of day or time of year at which the

23 offense was committed, commits a Class 1 felony for which

24 the sentence shall be a term of imprisonment of no less

25 than 5 years and no more than 15 years.

26 (5) Any person convicted of unlawful sale or delivery

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1 of firearms in violation of paragraph (a) or (i) of

2 subsection (A) in residential property owned, operated, or

3 managed by a public housing agency or leased by a public

4 housing agency as part of a scattered site or mixed-income

5 development, in a public park, in a courthouse, on

6 residential property owned, operated, or managed by a

7 public housing agency or leased by a public housing agency

8 as part of a scattered site or mixed-income development, on

9 the real property comprising any public park, on the real

10 property comprising any courthouse, or on any public way

11 within 1,000 feet of the real property comprising any

12 public park, courthouse, or residential property owned,

13 operated, or managed by a public housing agency or leased

14 by a public housing agency as part of a scattered site or

15 mixed-income development commits a Class 2 felony.

16 (6) Any person convicted of unlawful sale or delivery

17 of firearms in violation of paragraph (j) of subsection (A)

18 commits a Class A misdemeanor. A second or subsequent

19 violation is a Class 4 felony.

20 (7) Any person convicted of unlawful sale or delivery

21 of firearms in violation of paragraph (k) of subsection (A)

22 commits a Class 4 felony, except that a violation of

23 subparagraph (1) of paragraph (k) of subsection (A) shall

24 not be punishable as a crime or petty offense. A third or

25 subsequent conviction for a violation of paragraph (k) of

26 subsection (A) is a Class 1 felony.

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1 (8) A person 18 years of age or older convicted of

2 unlawful sale or delivery of firearms in violation of

3 paragraph (a) or (i) of subsection (A), when the firearm

4 that was sold or given to another person under 18 years of

5 age was used in the commission of or attempt to commit a

6 forcible felony, shall be fined or imprisoned, or both, not

7 to exceed the maximum provided for the most serious

8 forcible felony so committed or attempted by the person

9 under 18 years of age who was sold or given the firearm.

10 (9) Any person convicted of unlawful sale or delivery

11 of firearms in violation of paragraph (d) of subsection (A)

12 commits a Class 3 felony.

13 (10) Any person convicted of unlawful sale or delivery

14 of firearms in violation of paragraph (l) of subsection (A)

15 commits a Class 2 felony if the delivery is of one firearm.

16 Any person convicted of unlawful sale or delivery of

17 firearms in violation of paragraph (l) of subsection (A)

18 commits a Class 1 felony if the delivery is of not less

19 than 2 and not more than 5 firearms at the same time or

20 within a one year period. Any person convicted of unlawful

21 sale or delivery of firearms in violation of paragraph (l)

22 of subsection (A) commits a Class X felony for which he or

23 she shall be sentenced to a term of imprisonment of not

24 less than 6 years and not more than 30 years if the

25 delivery is of not less than 6 and not more than 10

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

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1 person convicted of unlawful sale or delivery of firearms

2 in violation of paragraph (l) of subsection (A) commits a

3 Class X felony for which he or she shall be sentenced to a

4 term of imprisonment of not less than 6 years and not more

5 than 40 years if the delivery is of not less than 11 and

6 not more than 20 firearms at the same time or within a 3

7 year period. Any person convicted of unlawful sale or

8 delivery of firearms in violation of paragraph (l) of

9 subsection (A) commits a Class X felony for which he or she

10 shall be sentenced to a term of imprisonment of not less

11 than 6 years and not more than 50 years if the delivery is

12 of not less than 21 and not more than 30 firearms at the

13 same time or within a 4 year period. Any person convicted

14 of unlawful sale or delivery of firearms in violation of

15 paragraph (l) of subsection (A) commits a Class X felony

16 for which he or she shall be sentenced to a term of

17 imprisonment of not less than 6 years and not more than 60

18 years if the delivery is of 31 or more firearms at the same

19 time or within a 5 year period.

20 (D) For purposes of this Section:

21 "School" means a public or private elementary or secondary

22 school, community college, college, or university.

23 "School related activity" means any sporting, social,

24 academic, or other activity for which students' attendance or

25 participation is sponsored, organized, or funded in whole or in

26 part by a school or school district.

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1 (E) A prosecution for a violation of paragraph (k) of

2 subsection (A) of this Section may be commenced within 6 years

3 after the commission of the offense. A prosecution for a

4 violation of this Section other than paragraph (g) of

5 subsection (A) of this Section may be commenced within 5 years

6 after the commission of the offense defined in the particular

7 paragraph.

8 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

9 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

10 Section 50. The Unified Code of Corrections is amended by

11 changing Section 5-6-1 as follows:

12 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

13 Sec. 5-6-1. Sentences of probation and of conditional

14 discharge and disposition of supervision. The General Assembly

15 finds that in order to protect the public, the criminal justice

16 system must compel compliance with the conditions of probation

17 by responding to violations with swift, certain and fair

18 punishments and intermediate sanctions. The Chief Judge of each

19 circuit shall adopt a system of structured, intermediate

20 sanctions for violations of the terms and conditions of a

21 sentence of probation, conditional discharge or disposition of

22 supervision.

23 (a) Except where specifically prohibited by other

24 provisions of this Code, the court shall impose a sentence of

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1 probation or conditional discharge upon an offender unless,

2 having regard to the nature and circumstance of the offense,

3 and to the history, character and condition of the offender,

4 the court is of the opinion that:

5 (1) his imprisonment or periodic imprisonment is

6 necessary for the protection of the public; or

7 (2) probation or conditional discharge would deprecate

8 the seriousness of the offender's conduct and would be

9 inconsistent with the ends of justice; or

10 (3) a combination of imprisonment with concurrent or

11 consecutive probation when an offender has been admitted

12 into a drug court program under Section 20 of the Drug

13 Court Treatment Act is necessary for the protection of the

14 public and for the rehabilitation of the offender.

15 The court shall impose as a condition of a sentence of

16 probation, conditional discharge, or supervision, that the

17 probation agency may invoke any sanction from the list of

18 intermediate sanctions adopted by the chief judge of the

19 circuit court for violations of the terms and conditions of the

20 sentence of probation, conditional discharge, or supervision,

21 subject to the provisions of Section 5-6-4 of this Act.

22 (b) The court may impose a sentence of conditional

23 discharge for an offense if the court is of the opinion that

24 neither a sentence of imprisonment nor of periodic imprisonment

25 nor of probation supervision is appropriate.

26 (b-1) Subsections (a) and (b) of this Section do not apply

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1 to a defendant charged with a misdemeanor or felony under the

2 Illinois Vehicle Code or reckless homicide under Section 9-3 of

3 the Criminal Code of 1961 or the Criminal Code of 2012 if the

4 defendant within the past 12 months has been convicted of or

5 pleaded guilty to a misdemeanor or felony under the Illinois

6 Vehicle Code or reckless homicide under Section 9-3 of the

7 Criminal Code of 1961 or the Criminal Code of 2012.

8 (c) The court may, upon a plea of guilty or a stipulation

9 by the defendant of the facts supporting the charge or a

10 finding of guilt, defer further proceedings and the imposition

11 of a sentence, and enter an order for supervision of the

12 defendant, if the defendant is not charged with: (i) a Class A

13 misdemeanor, as defined by the following provisions of the

14 Criminal Code of 1961 or the Criminal Code of 2012: Sections

15 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

16 31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

17 paragraph (1) through (5), (8), (10), and (11) of subsection

18 (a) of Section 24-1; (ii) a Class A misdemeanor violation of

19 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

20 Act; or (iii) a felony. If the defendant is not barred from

21 receiving an order for supervision as provided in this

22 subsection, the court may enter an order for supervision after

23 considering the circumstances of the offense, and the history,

24 character and condition of the offender, if the court is of the

25 opinion that:

26 (1) the offender is not likely to commit further

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1 crimes;

2 (2) the defendant and the public would be best served

3 if the defendant were not to receive a criminal record; and

4 (3) in the best interests of justice an order of

5 supervision is more appropriate than a sentence otherwise

6 permitted under this Code.

7 (c-5) Subsections (a), (b), and (c) of this Section do not

8 apply to a defendant charged with a second or subsequent

9 violation of Section 6-303 of the Illinois Vehicle Code

10 committed while his or her driver's license, permit or

11 privileges were revoked because of a violation of Section 9-3

12 of the Criminal Code of 1961 or the Criminal Code of 2012,

13 relating to the offense of reckless homicide, or a similar

14 provision of a law of another state.

15 (d) The provisions of paragraph (c) shall not apply to a

16 defendant charged with violating Section 11-501 of the Illinois

17 Vehicle Code or a similar provision of a local ordinance when

18 the defendant has previously been:

19 (1) convicted for a violation of Section 11-501 of the

20 Illinois Vehicle Code or a similar provision of a local

21 ordinance or any similar law or ordinance of another state;

22 or

23 (2) assigned supervision for a violation of Section

24 11-501 of the Illinois Vehicle Code or a similar provision

25 of a local ordinance or any similar law or ordinance of

26 another state; or

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1 (3) pleaded guilty to or stipulated to the facts

2 supporting a charge or a finding of guilty to a violation

3 of Section 11-503 of the Illinois Vehicle Code or a similar

4 provision of a local ordinance or any similar law or

5 ordinance of another state, and the plea or stipulation was

6 the result of a plea agreement.

7 The court shall consider the statement of the prosecuting

8 authority with regard to the standards set forth in this

9 Section.

10 (e) The provisions of paragraph (c) shall not apply to a

11 defendant charged with violating Section 16-25 or 16A-3 of the

12 Criminal Code of 1961 or the Criminal Code of 2012 if said

13 defendant has within the last 5 years been:

14 (1) convicted for a violation of Section 16-25 or 16A-3

15 of the Criminal Code of 1961 or the Criminal Code of 2012;

16 or

17 (2) assigned supervision for a violation of Section

18 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

19 Code of 2012.

20 The court shall consider the statement of the prosecuting

21 authority with regard to the standards set forth in this

22 Section.

23 (f) The provisions of paragraph (c) shall not apply to a

24 defendant charged with: (1) violating Sections 15-111, 15-112,

25 15-301, paragraph (b) of Section 6-104, Section 11-605,

26 paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or

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1 Section 11-1414 of the Illinois Vehicle Code or a similar

2 provision of a local ordinance; or (2) committing a Class A

3 misdemeanor under subsection (c) of Section 11-907 of the

4 Illinois Vehicle Code or a similar provision of a local

5 ordinance.

6 (g) Except as otherwise provided in paragraph (i) of this

7 Section, the provisions of paragraph (c) shall not apply to a

8 defendant charged with violating Section 3-707, 3-708, 3-710,

9 or 5-401.3 of the Illinois Vehicle Code or a similar provision

10 of a local ordinance if the defendant has within the last 5

11 years been:

12 (1) convicted for a violation of Section 3-707, 3-708,

13 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

14 provision of a local ordinance; or

15 (2) assigned supervision for a violation of Section

16 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

17 Code or a similar provision of a local ordinance.

18 The court shall consider the statement of the prosecuting

19 authority with regard to the standards set forth in this

20 Section.

21 (h) The provisions of paragraph (c) shall not apply to a

22 defendant under the age of 21 years charged with violating a

23 serious traffic offense as defined in Section 1-187.001 of the

24 Illinois Vehicle Code:

25 (1) unless the defendant, upon payment of the fines,

26 penalties, and costs provided by law, agrees to attend and

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1 successfully complete a traffic safety program approved by

2 the court under standards set by the Conference of Chief

3 Circuit Judges. The accused shall be responsible for

4 payment of any traffic safety program fees. If the accused

5 fails to file a certificate of successful completion on or

6 before the termination date of the supervision order, the

7 supervision shall be summarily revoked and conviction

8 entered. The provisions of Supreme Court Rule 402 relating

9 to pleas of guilty do not apply in cases when a defendant

10 enters a guilty plea under this provision; or

11 (2) if the defendant has previously been sentenced

12 under the provisions of paragraph (c) on or after January

13 1, 1998 for any serious traffic offense as defined in

14 Section 1-187.001 of the Illinois Vehicle Code.

15 (h-1) The provisions of paragraph (c) shall not apply to a

16 defendant under the age of 21 years charged with an offense

17 against traffic regulations governing the movement of vehicles

18 or any violation of Section 6-107 or Section 12-603.1 of the

19 Illinois Vehicle Code, unless the defendant, upon payment of

20 the fines, penalties, and costs provided by law, agrees to

21 attend and successfully complete a traffic safety program

22 approved by the court under standards set by the Conference of

23 Chief Circuit Judges. The accused shall be responsible for

24 payment of any traffic safety program fees. If the accused

25 fails to file a certificate of successful completion on or

26 before the termination date of the supervision order, the

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1 supervision shall be summarily revoked and conviction entered.

2 The provisions of Supreme Court Rule 402 relating to pleas of

3 guilty do not apply in cases when a defendant enters a guilty

4 plea under this provision.

5 (i) The provisions of paragraph (c) shall not apply to a

6 defendant charged with violating Section 3-707 of the Illinois

7 Vehicle Code or a similar provision of a local ordinance if the

8 defendant has been assigned supervision for a violation of

9 Section 3-707 of the Illinois Vehicle Code or a similar

10 provision of a local ordinance.

11 (j) The provisions of paragraph (c) shall not apply to a

12 defendant charged with violating Section 6-303 of the Illinois

13 Vehicle Code or a similar provision of a local ordinance when

14 the revocation or suspension was for a violation of Section

15 11-501 or a similar provision of a local ordinance or a

16 violation of Section 11-501.1 or paragraph (b) of Section

17 11-401 of the Illinois Vehicle Code if the defendant has within

18 the last 10 years been:

19 (1) convicted for a violation of Section 6-303 of the

20 Illinois Vehicle Code or a similar provision of a local

21 ordinance; or

22 (2) assigned supervision for a violation of Section

23 6-303 of the Illinois Vehicle Code or a similar provision

24 of a local ordinance.

25 (k) The provisions of paragraph (c) shall not apply to a

26 defendant charged with violating any provision of the Illinois

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1 Vehicle Code or a similar provision of a local ordinance that

2 governs the movement of vehicles if, within the 12 months

3 preceding the date of the defendant's arrest, the defendant has

4 been assigned court supervision on 2 occasions for a violation

5 that governs the movement of vehicles under the Illinois

6 Vehicle Code or a similar provision of a local ordinance. The

7 provisions of this paragraph (k) do not apply to a defendant

8 charged with violating Section 11-501 of the Illinois Vehicle

9 Code or a similar provision of a local ordinance.

10 (l) (Blank).

11 (m) (Blank).

12 (n) The provisions of paragraph (c) shall not apply to any

13 person under the age of 18 who commits an offense against

14 traffic regulations governing the movement of vehicles or any

15 violation of Section 6-107 or Section 12-603.1 of the Illinois

16 Vehicle Code, except upon personal appearance of the defendant

17 in court and upon the written consent of the defendant's parent

18 or legal guardian, executed before the presiding judge. The

19 presiding judge shall have the authority to waive this

20 requirement upon the showing of good cause by the defendant.

21 (o) The provisions of paragraph (c) shall not apply to a

22 defendant charged with violating Section 6-303 of the Illinois

23 Vehicle Code or a similar provision of a local ordinance when

24 the suspension was for a violation of Section 11-501.1 of the

25 Illinois Vehicle Code and when:

26 (1) at the time of the violation of Section 11-501.1 of

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1 the Illinois Vehicle Code, the defendant was a first

2 offender pursuant to Section 11-500 of the Illinois Vehicle

3 Code and the defendant failed to obtain a monitoring device

4 driving permit; or

5 (2) at the time of the violation of Section 11-501.1 of

6 the Illinois Vehicle Code, the defendant was a first

7 offender pursuant to Section 11-500 of the Illinois Vehicle

8 Code, had subsequently obtained a monitoring device

9 driving permit, but was driving a vehicle not equipped with

10 a breath alcohol ignition interlock device as defined in

11 Section 1-129.1 of the Illinois Vehicle Code.

12 (p) The provisions of paragraph (c) shall not apply to a

13 defendant charged with violating Section 11-601.5 of the

14 Illinois Vehicle Code or a similar provision of a local

15 ordinance when the defendant has previously been:

16 (1) convicted for a violation of Section 11-601.5 of

17 the Illinois Vehicle Code or a similar provision of a local

18 ordinance or any similar law or ordinance of another state;

19 or

20 (2) assigned supervision for a violation of Section

21 11-601.5 of the Illinois Vehicle Code or a similar

22 provision of a local ordinance or any similar law or

23 ordinance of another state.

24 (q) The provisions of paragraph (c) shall not apply to a

25 defendant charged with violating subsection (b) of Section

26 11-601 or Section 11-601.5 of the Illinois Vehicle Code when

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1 the defendant was operating a vehicle, in an urban district, at

2 a speed that is 26 miles per hour or more in excess of the

3 applicable maximum speed limit established under Chapter 11 of

4 the Illinois Vehicle Code.

5 (r) The provisions of paragraph (c) shall not apply to a

6 defendant charged with violating any provision of the Illinois

7 Vehicle Code or a similar provision of a local ordinance if the

8 violation was the proximate cause of the death of another and

9 the defendant's driving abstract contains a prior conviction or

10 disposition of court supervision for any violation of the

11 Illinois Vehicle Code, other than an equipment violation, or a

12 suspension, revocation, or cancellation of the driver's

13 license.

14 (s) (Blank). ~~The provisions of paragraph (c) shall not~~

15 ~~apply to a defendant charged with violating subsection (i) of~~

16 ~~Section 70 of the Firearm Concealed Carry Act.~~

17 (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)