101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5118
 
Introduced , by Rep. Terri Bryant
 
SYNOPSIS AS INTRODUCED:



430 ILCS 66/65
430 ILCS 66/105

 Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.



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A BILL FOR
 


HB5118LRB101 15590 RLC 64936 b



1 AN ACT concerning safety.


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

3represented in the General Assembly:



4 Section 5. The Firearm Concealed Carry Act is amended by 
5changing Sections 65 and 105 as follows:

6 (430 ILCS 66/65)

7 Sec. 65. Prohibited areas. 
8 (a) A licensee under this Act shall not knowingly carry a 
9firearm on or into:
10  (1) Except as otherwise provided in subsection (a-3) of 
11 this Section, any Any building, real property, and parking 
12 area under the control of a public or non-public private 
13 elementary or secondary school.
14  (2) Any building, real property, and parking area under 
15 the control of a pre-school or child care facility, 
16 including any room or portion of a building under the 
17 control of a pre-school or child care facility. Nothing in 
18 this paragraph shall prevent the operator of a child care 
19 facility in a family home from owning or possessing a 
20 firearm in the home or license under this Act, if no child 
21 under child care at the home is present in the home or the 
22 firearm in the home is stored in a locked container when a 
23 child under child care at the home is present in the home.
 
 
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1  (3) Any building, parking area, or portion of a 
2 building under the control of an officer of the executive 
3 or legislative branch of government, provided that nothing 
4 in this paragraph shall prohibit a licensee from carrying a 
5 concealed firearm onto the real property, bikeway, or trail 
6 in a park regulated by the Department of Natural Resources 
7 or any other designated public hunting area or building 
8 where firearm possession is permitted as established by the 
9 Department of Natural Resources under Section 1.8 of the 
10 Wildlife Code.
11  (4) Any building designated for matters before a 
12 circuit court, appellate court, or the Supreme Court, or 
13 any building or portion of a building under the control of 
14 the Supreme Court.
15  (5) Any building or portion of a building under the 
16 control of a unit of local government.
17  (6) Any building, real property, and parking area under 
18 the control of an adult or juvenile detention or 
19 correctional institution, prison, or jail.
20  (7) Any building, real property, and parking area under 
21 the control of a public or private hospital or hospital 
22 affiliate, mental health facility, or nursing home.
23  (8) Any bus, train, or form of transportation paid for 
24 in whole or in part with public funds, and any building, 
25 real property, and parking area under the control of a 
26 public transportation facility paid for in whole or in part 
 
 
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1 with public funds.
2  (9) Any building, real property, and parking area under 
3 the control of an establishment that serves alcohol on its 
4 premises, if more than 50% of the establishment's gross 
5 receipts within the prior 3 months is from the sale of 
6 alcohol. The owner of an establishment who knowingly fails 
7 to prohibit concealed firearms on its premises as provided 
8 in this paragraph or who knowingly makes a false statement 
9 or record to avoid the prohibition on concealed firearms 
10 under this paragraph is subject to the penalty under 
11 subsection (c-5) of Section 10-1 of the Liquor Control Act 
12 of 1934.
13  (10) Any public gathering or special event conducted on 
14 property open to the public that requires the issuance of a 
15 permit from the unit of local government, provided this 
16 prohibition shall not apply to a licensee who must walk 
17 through a public gathering in order to access his or her 
18 residence, place of business, or vehicle.
19  (11) Any building or real property that has been issued 
20 a Special Event Retailer's license as defined in Section 
21 1-3.17.1 of the Liquor Control Act during the time 
22 designated for the sale of alcohol by the Special Event 
23 Retailer's license, or a Special use permit license as 
24 defined in subsection (q) of Section 5-1 of the Liquor 
25 Control Act during the time designated for the sale of 
26 alcohol by the Special use permit license.
 
 
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1  (12) Any public playground.
2  (13) Any public park, athletic area, or athletic 
3 facility under the control of a municipality or park 
4 district, provided nothing in this Section shall prohibit a 
5 licensee from carrying a concealed firearm while on a trail 
6 or bikeway if only a portion of the trail or bikeway 
7 includes a public park.
8  (14) Any real property under the control of the Cook 
9 County Forest Preserve District.
10  (15) Any building, classroom, laboratory, medical 
11 clinic, hospital, artistic venue, athletic venue, 
12 entertainment venue, officially recognized 
13 university-related organization property, whether owned or 
14 leased, and any real property, including parking areas, 
15 sidewalks, and common areas under the control of a public 
16 or private community college, college, or university.
17  (16) Any building, real property, or parking area under 
18 the control of a gaming facility licensed under the 
19 Illinois Gambling Act or the Illinois Horse Racing Act of 
20 1975, including an inter-track wagering location licensee.
21  (17) Any stadium, arena, or the real property or 
22 parking area under the control of a stadium, arena, or any 
23 collegiate or professional sporting event.
24  (18) Any building, real property, or parking area under 
25 the control of a public library.
26  (19) Any building, real property, or parking area under 
 
 
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1 the control of an airport.
2  (20) Any building, real property, or parking area under 
3 the control of an amusement park.
4  (21) Any building, real property, or parking area under 
5 the control of a zoo or museum.
6  (22) Any street, driveway, parking area, property, 
7 building, or facility, owned, leased, controlled, or used 
8 by a nuclear energy, storage, weapons, or development site 
9 or facility regulated by the federal Nuclear Regulatory 
10 Commission. The licensee shall not under any circumstance 
11 store a firearm or ammunition in his or her vehicle or in a 
12 compartment or container within a vehicle located anywhere 
13 in or on the street, driveway, parking area, property, 
14 building, or facility described in this paragraph.
15  (23) Any area where firearms are prohibited under 
16 federal law.
17 (a-3) The school board of a school district of a public 
18elementary or secondary school or a non-public elementary or 
19secondary school may develop a policy to permit the carrying of 
20a firearm by an employee of the school, licensed under this 
21Act, in any building or on any real property or parking area 
22under the control of the public or non-public elementary or 
23secondary school. The policy must contain safe storage 
24provisions for the firearm. Those provisions must include 
25securing the firearm in a locked box or container that cannot 
26be accessed by students. 
 
 
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1 (a-5) Nothing in this Act shall prohibit a public or 
2private community college, college, or university from:
3  (1) prohibiting persons from carrying a firearm within 
4 a vehicle owned, leased, or controlled by the college or 
5 university;
6  (2) developing resolutions, regulations, or policies 
7 regarding student, employee, or visitor misconduct and 
8 discipline, including suspension and expulsion;
9  (3) developing resolutions, regulations, or policies 
10 regarding the storage or maintenance of firearms, which 
11 must include designated areas where persons can park 
12 vehicles that carry firearms; and
13  (4) permitting the carrying or use of firearms for the 
14 purpose of instruction and curriculum of officially 
15 recognized programs, including but not limited to military 
16 science and law enforcement training programs, or in any 
17 designated area used for hunting purposes or target 
18 shooting.
19 (a-10) The owner of private real property of any type may 
20prohibit the carrying of concealed firearms on the property 
21under his or her control. The owner must post a sign in 
22accordance with subsection (d) of this Section indicating that 
23firearms are prohibited on the property, unless the property is 
24a private residence.
25 (b) Notwithstanding subsections (a), (a-5), and (a-10) of 
26this Section except under paragraph (22) or (23) of subsection 
 
 
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1(a), any licensee prohibited from carrying a concealed firearm 
2into the parking area of a prohibited location specified in 
3subsection (a), (a-5), or (a-10) of this Section shall be 
4permitted to carry a concealed firearm on or about his or her 
5person within a vehicle into the parking area and may store a 
6firearm or ammunition concealed in a case within a locked 
7vehicle or locked container out of plain view within the 
8vehicle in the parking area. A licensee may carry a concealed 
9firearm in the immediate area surrounding his or her vehicle 
10within a prohibited parking lot area only for the limited 
11purpose of storing or retrieving a firearm within the vehicle's 
12trunk. For purposes of this subsection, "case" includes a glove 
13compartment or console that completely encloses the concealed 
14firearm or ammunition, the trunk of the vehicle, or a firearm 
15carrying box, shipping box, or other container.
16 (c) A licensee shall not be in violation of this Section 
17while he or she is traveling along a public right of way that 
18touches or crosses any of the premises under subsection (a), 
19(a-5), or (a-10) of this Section if the concealed firearm is 
20carried on his or her person in accordance with the provisions 
21of this Act or is being transported in a vehicle by the 
22licensee in accordance with all other applicable provisions of 
23law.
24 (d) Signs stating that the carrying of firearms is 
25prohibited shall be clearly and conspicuously posted at the 
26entrance of a building, premises, or real property specified in 
 
 
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1this Section as a prohibited area, unless the building or 
2premises is a private residence. Signs shall be of a uniform 
3design as established by the Department and shall be 4 inches 
4by 6 inches in size. The Department shall adopt rules for 
5standardized signs to be used under this subsection.

6(Source: P.A. 101-31, eff. 6-28-19.)

7 (430 ILCS 66/105)

8 Sec. 105. Duty of school administrator. It is the duty of 
9the principal
of a public elementary or secondary school, or 
10his or her designee, and the
chief administrative officer of a 
11non-public private elementary or secondary school or a
public 
12or private community college, college, or university, or his or 
13her
designee, to report to the Department of State Police when 
14a student is determined to pose a clear and present danger to 
15himself, herself, or to others, within 24 hours of
the 
16determination as provided in Section 6-103.3 of the Mental 
17Health and Developmental Disabilities Code. "Clear and present 
18danger" has the meaning as provided in paragraph (2) of the 
19definition of "clear and present danger" in Section 1.1 of the 
20Firearm Owners Identification Card Act.

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