Sen. Rachelle Crowe
Filed: 3/3/2020
 
 


 




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1
AMENDMENT TO SENATE BILL 3236




2 AMENDMENT NO. ______. Amend Senate Bill 3236 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Private Detective, Private Alarm, Private 
5Security, Fingerprint Vendor, and
Locksmith Act of 2004 is 
6amended by changing Sections 35-40 and 35-45 as follows:




7 (225 ILCS 447/35-40)



8 (Section scheduled to be repealed on January 1, 2024)

9 Sec. 35-40. Firearm control; training requirements. 

10 (a) The Department shall, pursuant to rule, approve or

11disapprove training programs for the firearm training course,

12which shall be taught by a qualified instructor.
Qualifications 
13for instructors shall be set by rule. The
firearm training 
14course shall be conducted by entities, by a
licensee, or by an 
15agency licensed by this Act, provided the
course is approved by 
16the Department. The firearm course
shall consist of the 
 
 
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1following minimum requirements:


2  (1) 48 40 hours of training as follows: ,
3   (A) 20 hours consisting of training which shall
be 
4 as described in Sections 15-20, 20-20, or 25-20, as

5 applicable; , and 20 hours of which shall include all of 
6 the
following:

7   (B) 8 hours consisting of practice firing on a 
8 range with live ammunition, including, but not limited 
9 to, firing a minimum of 50 rounds of live ammunition 
10 (factory loaded service ammunition or factory reloaded 
11 ammunition) and attaining a minimum score of 70% 
12 accuracy with each type of weapon the person is 
13 authorized by the Department to carry and for which the 
14 person has been trained; and 

15   (C) 20 hours consisting of instruction in: (A) 
16 Instruction in
17    (i) the dangers of and misuse
of firearms, 
18 their storage, safety rules, and care and
cleaning 
19 of firearms;
20    (ii) defensive tactics for in-holster weapon 
21 retention;
22    (iii) .
(B) Practice firing on a range with live

23 ammunition.
(C) Instruction in the legal use of 
24 firearms;
25    (iv) .
(D) A presentation of the ethical and 
26 moral
considerations necessary for any person who 
 
 
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1 possesses a
firearm;
2    (v) .
(E) A review of the laws regarding arrest,

3 search, and seizure; and
4    (vi) liability .
(F) Liability for acts that 
5 may be performed
in the course of employment.


6  (2) An examination shall be given at the completion
of 
7 the course. The examination shall consist of a firearms

8 qualification course and a written examination. Successful

9 completion shall be determined by the Department.

10 (b) The firearm training requirement may be waived for a 
11licensee or
employee who has completed training provided by the

12Illinois Law Enforcement Training Standards Board or the

13equivalent public body of another state or is a qualified 
14retired law enforcement officer as defined in the federal Law 
15Enforcement Officers Safety Act of 2004 and is in compliance 
16with all of the requirements of that Act, provided

17documentation showing requalification with the weapon on the

18firing range is submitted to the Department.

19 (c) In addition to the training provided for in subsection 
20(a), a licensee or employee in possession of a valid firearm 
21control card shall complete an additional 8 hours of refresher 
22training each calendar year commencing with the calendar year 
23following one year after the date of the issuance of the 
24firearm control card. The 8 hours of training shall consist of 
25practice firing on a range with live ammunition, including, but 
26not limited to, firing a minimum of 50 rounds of live 
 
 
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1ammunition (factory loaded service ammunition or factory 
2reloaded ammunition) and attaining a minimum score of 70% 
3accuracy with each type of weapon the person is authorized by 
4the Department to carry and for which the person has been 
5trained. 
6(Source: P.A. 98-253, eff. 8-9-13.)





7 (225 ILCS 447/35-45)



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

9 Sec. 35-45. Armed proprietary security force. 

10 (a) All financial institutions that employ one or more

11armed employees and all commercial or
industrial operations 
12that employ 5 or more persons as armed
employees shall register 
13their security forces
with the Department on forms provided by 
14the Department. For the purposes of this Section,
"financial 
15institution" includes a bank, savings and loan
association, 
16credit union, currency exchange, or company
providing armored 
17car services.
18 (a-1) Commercial or industrial operations that employ less

19than 5 persons as armed employees may register their security

20forces with the Department on forms provided by the
Department. 
21Registration subjects the security force to all
of the 
22requirements of this Section. 

23 (b) All armed employees of the registered
proprietary 
24security force must complete a 20-hour basic
training course 
25and all the firearm training requirements of this Section 
 
 
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120-hour firearm training.

2 (c) Every proprietary security force is required to
apply 
3to the Department, on forms supplied by the Department,
for a 
4firearm control card for each armed employee. Each armed

5employee shall have his or her fingerprints submitted to the

6Department of State Police in an electronic format that

7complies with the form and manner for requesting and
furnishing 
8criminal history record information as prescribed
by the 
9Department of State Police. These fingerprints shall be
checked 
10against the Department of State Police and Federal
Bureau of 
11Investigation criminal history record databases. The 
12Department of State Police shall
charge the armed employee a 
13fee for conducting the criminal
history records check, which 
14shall be deposited in the State
Police Services Fund and shall 
15not exceed the actual cost of
the records check. The Department 
16of State Police shall
furnish, pursuant to positive 
17identification, records of
Illinois convictions to the 
18Department. The Department may
require armed employees to pay a 
19separate fingerprinting fee,
either to the Department or 
20directly to the vendor. The
Department, in its discretion, may 
21allow an armed employee who
does not have reasonable access to 
22a designated vendor to
provide his or her fingerprints in an 
23alternative manner. The
Department, in its discretion, may also 
24use other procedures
in performing or obtaining criminal 
25background checks of armed
employees. Instead of submitting his 
26or her fingerprints, an
individual may submit proof that is 
 
 
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1satisfactory to the
Department that an equivalent security 
2clearance has been
conducted. Also, an individual who has 
3retired as a peace
officer within 12 months before application 
4may submit
verification, on forms provided by the Department 
5and signed
by his or her employer, of his or her previous 
6full-time
employment as a peace officer.

7 (d) The Department may provide rules for the
administration 
8of this Section. 

9(Source: P.A. 98-253, eff. 8-9-13.)


10 Section 10. The Criminal Code of 2012 is amended by 
11changing Section 24-2 as follows:


12 (720 ILCS 5/24-2)



13 Sec. 24-2. Exemptions. 

14 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1524-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
16the following:

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

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

21 penitentiaries, jails and other institutions for the 
22 detention of persons
accused or convicted of an offense, 
23 while in the performance of their
official duty, or while 
24 commuting between their homes and places of employment.

 
 
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1  (3) Members of the Armed Services or Reserve Forces of 
2 the United States
or the Illinois National Guard or the 
3 Reserve Officers Training Corps,
while in the performance 
4 of their official duty.

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

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

19 Private Security, Fingerprint Vendor, and Locksmith Act of 
20 2004,
while actually
engaged in the performance of the 
21 duties of their employment or commuting
between their homes 
22 and places of employment. A person shall be considered 
23 eligible for this
exemption if he or she has completed the 
24 required 28 20
hours of training for a private security 
25 contractor, private
detective, or private alarm 
26 contractor, or employee of a licensed private security 
 
 
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1 contractor, private detective, or private alarm contractor 
2 agency and 20 hours of required firearm
training, and has 
3 been issued a firearm control card by
the Department of 
4 Financial and Professional Regulation. Conditions for the 
5 renewal of
firearm control cards issued under the 
6 provisions of this Section
shall be the same as for those 
7 cards issued under the provisions of the
Private Detective, 
8 Private Alarm,
Private Security, Fingerprint Vendor, and 
9 Locksmith Act of 2004. The
firearm control card shall be 
10 carried by the private security contractor, private

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

16  (6) Any person regularly employed in a commercial or 
17 industrial
operation as a security guard for the protection 
18 of persons employed
and private property related to such 
19 commercial or industrial
operation, while actually engaged 
20 in the performance of his or her
duty or traveling between 
21 sites or properties belonging to the
employer, and who, as 
22 a security guard, is a member of a security force 
23 registered with the Department of Financial and 
24 Professional
Regulation; provided that such security guard 
25 has successfully completed a
course of study, approved by 
26 and supervised by the Department of
Financial and 
 
 
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1 Professional Regulation, consisting of not less than 40 
2 hours of training
that includes the theory of law 
3 enforcement, liability for acts, and the
handling of 
4 weapons. A person shall be considered eligible for this

5 exemption if he or she has completed the required 20
hours 
6 of training for a security officer and 28 20 hours of 
7 required firearm
training, and has been issued a firearm 
8 control card by
the Department of Financial and 
9 Professional Regulation. Conditions for the renewal of

10 firearm control cards issued under the provisions of this 
11 Section
shall be the same as for those cards issued under 
12 the provisions of the
Private Detective, Private Alarm,

13 Private Security, Fingerprint Vendor, and Locksmith Act of 
14 2004. The
firearm control card shall be carried by the 
15 security guard at all
times when he or she is in possession 
16 of a concealable weapon permitted by his or her firearm 
17 control card.

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

22 any investigation for the Commission.

23  (8) Persons employed by a financial institution as a 
24 security guard for the protection of
other employees and 
25 property related to such financial institution, while

26 actually engaged in the performance of their duties, 
 
 
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1 commuting between
their homes and places of employment, or 
2 traveling between sites or
properties owned or operated by 
3 such financial institution, and who, as a security guard, 
4 is a member of a security force registered with the 
5 Department; provided that
any person so employed has 
6 successfully completed a course of study,
approved by and 
7 supervised by the Department of Financial and Professional 
8 Regulation,
consisting of not less than 40 hours of 
9 training which includes theory of
law enforcement, 
10 liability for acts, and the handling of weapons.
A person 
11 shall be considered to be eligible for this exemption if he 
12 or
she has completed the required 20 hours of training for 
13 a security officer
and 28 20 hours of required firearm 
14 training, and has been issued a
firearm control card by the 
15 Department of Financial and Professional Regulation.

16 Conditions for renewal of firearm control cards issued 
17 under the
provisions of this Section shall be the same as 
18 for those issued under the
provisions of the Private 
19 Detective, Private Alarm,
Private Security, Fingerprint 
20 Vendor, and Locksmith Act of 2004. The
firearm control card 
21 shall be carried by the security guard at all times when he 
22 or she is in possession of a concealable
weapon permitted 
23 by his or her firearm control card. For purposes of this 
24 subsection, "financial institution" means a
bank, savings 
25 and loan association, credit union or company providing

26 armored car services.

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

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

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

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

13  (12.5) Probation officers while in the performance of 
14 their duties, or
while commuting between their homes, 
15 places of employment or specific locations
that are part of 
16 their assigned duties, with the consent of the chief judge 
17 of
the circuit for which they are employed, if they have 
18 received weapons training according
to requirements of the 
19 Peace Officer and Probation Officer Firearm Training Act.

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

24  (13.5) A person employed as an armed security guard at 
25 a nuclear energy,
storage, weapons or development site or 
26 facility regulated by the Nuclear
Regulatory Commission 
 
 
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1 who has completed the background screening and training

2 mandated by the rules and regulations of the Nuclear 
3 Regulatory Commission.

4  (14) Manufacture, transportation, or sale of weapons 
5 to
persons
authorized under subdivisions (1) through 
6 (13.5) of this
subsection
to
possess those weapons.

7 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
8to
or affect any person carrying a concealed pistol, revolver, 
9or handgun and the person has been issued a currently valid 
10license under the Firearm Concealed Carry Act at the time of 
11the commission of the offense.
12  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
13to
or affect a qualified current or retired law enforcement 
14officer qualified under the laws of this State or under the 
15federal Law Enforcement Officers Safety Act. 
16 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1724-1.6 do not
apply to or affect
any of the following:

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

23  (2) Duly authorized military or civil organizations 
24 while parading,
with the special permission of the 
25 Governor.

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

 
 
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1 permit while engaged in hunting,
trapping or fishing.

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

3 non-functioning state or are not immediately accessible.

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

10  (1) Peace officers while in performance of their 
11 official duties.

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

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

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

23  (5) Persons licensed under federal law to manufacture 
24 any weapon from
which 8 or more shots or bullets can be 
25 discharged by a
single function of the firing device, or 
26 ammunition for such weapons, and
actually engaged in the 
 
 
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1 business of manufacturing such weapons or
ammunition, but 
2 only with respect to activities which are within the lawful

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

11  During transportation, such weapons shall be broken 
12 down in a
non-functioning state or not immediately 
13 accessible.

14  (6) The manufacture, transport, testing, delivery, 
15 transfer or sale,
and all lawful commercial or experimental 
16 activities necessary thereto, of
rifles, shotguns, and 
17 weapons made from rifles or shotguns,
or ammunition for 
18 such rifles, shotguns or weapons, where engaged in
by a 
19 person operating as a contractor or subcontractor pursuant 
20 to a
contract or subcontract for the development and supply 
21 of such rifles,
shotguns, weapons or ammunition to the 
22 United States government or any
branch of the Armed Forces 
23 of the United States, when such activities are
necessary 
24 and incident to fulfilling the terms of such contract.

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

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

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

19 (e) Subsection 24-1(a)(8) does not apply to any owner, 
20manager or
authorized employee of any place specified in that 
21subsection nor to any
law enforcement officer.

22 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
23Section 24-1.6
do not apply
to members of any club or 
24organization organized for the purpose of practicing
shooting 
25at targets upon established target ranges, whether public or 
26private,
while using their firearms on those target ranges.

 
 
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1 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
2to:

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

6  (2) Bonafide collectors of antique or surplus military 
7 ordnance.

8  (3) Laboratories having a department of forensic 
9 ballistics, or
specializing in the development of 
10 ammunition or explosive ordnance.

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

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

20 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
21persons licensed
under federal law to manufacture any device or 
22attachment of any kind designed,
used, or intended for use in 
23silencing the report of any firearm, firearms, or
ammunition

24for those firearms equipped with those devices, and actually 
25engaged in the
business of manufacturing those devices, 
26firearms, or ammunition, but only with
respect to
activities 
 
 
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1that are within the lawful scope of that business, such as the

2manufacture, transportation, or testing of those devices, 
3firearms, or
ammunition. This
exemption does not authorize the 
4general private possession of any device or
attachment of any 
5kind designed, used, or intended for use in silencing the

6report of any firearm, but only such possession and activities 
7as are within
the
lawful scope of a licensed manufacturing 
8business described in this subsection
(g-5). During 
9transportation, these devices shall be detached from any weapon

10or
not immediately accessible.

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

1224-1.6 do not apply to
or affect any parole agent or parole 
13supervisor who meets the qualifications and conditions 
14prescribed in Section 3-14-1.5 of the Unified Code of 
15Corrections. 
16 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
17officer while serving as a member of a tactical response team 
18or special operations team. A peace officer may not personally 
19own or apply for ownership of a device or attachment of any 
20kind designed, used, or intended for use in silencing the 
21report of any firearm. These devices shall be owned and 
22maintained by lawfully recognized units of government whose 
23duties include the investigation of criminal acts.
24 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
26athlete's possession, transport on official Olympic and 
 
 
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1Paralympic transit systems established for athletes, or use of 
2competition firearms sanctioned by the International Olympic 
3Committee, the International Paralympic Committee, the 
4International Shooting Sport Federation, or USA Shooting in 
5connection with such athlete's training for and participation 
6in shooting competitions at the 2016 Olympic and Paralympic 
7Games and sanctioned test events leading up to the 2016 Olympic 
8and Paralympic Games. 
9 (h) An information or indictment based upon a violation of 
10any
subsection of this Article need not negative any exemptions 
11contained in
this Article. The defendant shall have the burden 
12of proving such an
exemption.

13 (i) Nothing in this Article shall prohibit, apply to, or 
14affect
the transportation, carrying, or possession, of any 
15pistol or revolver,
stun gun, taser, or other firearm consigned 
16to a common carrier operating
under license of the State of 
17Illinois or the federal government, where
such transportation, 
18carrying, or possession is incident to the lawful

19transportation in which such common carrier is engaged; and 
20nothing in this
Article shall prohibit, apply to, or affect the 
21transportation, carrying,
or possession of any pistol, 
22revolver, stun gun, taser, or other firearm,
not the subject of 
23and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
24this Article, which is unloaded and enclosed in a case, firearm

25carrying box, shipping box, or other container, by the 
26possessor of a valid
Firearm Owners Identification Card.

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