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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1858 Introduced 2/26/2021, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
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| 430 ILCS 66/65 | | 430 ILCS 66/105 | |
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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 |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Concealed Carry Act is amended by |
| 5 | | changing Sections 65 and 105 as follows:
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| 6 | | (430 ILCS 66/65)
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| 7 | | Sec. 65. Prohibited areas. |
| 8 | | (a) A licensee under this Act shall not knowingly carry a |
| 9 | | firearm on or into: |
| 10 | | (1) Except as otherwise provided in subsection (a-3) |
| 11 | | of this Section, any Any building, real property, and |
| 12 | | parking area under the control of a public or non-public |
| 13 | | private elementary or secondary school. |
| 14 | | (2) Any building, real property, and parking area |
| 15 | | under 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 |
| 5 | | a concealed firearm onto the real property, bikeway, or |
| 6 | | trail in a park regulated by the Department of Natural |
| 7 | | Resources or any other designated public hunting area or |
| 8 | | building where firearm possession is permitted as |
| 9 | | established by the Department of Natural Resources under |
| 10 | | Section 1.8 of the 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 |
| 18 | | under the control of an adult or juvenile detention or |
| 19 | | correctional institution, prison, or jail. |
| 20 | | (7) Any building, real property, and parking area |
| 21 | | under the control of a public or private hospital or |
| 22 | | hospital affiliate, mental health facility, or nursing |
| 23 | | home. |
| 24 | | (8) Any bus, train, or form of transportation paid for |
| 25 | | in whole or in part with public funds, and any building, |
| 26 | | real property, and parking area under the control of a |
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| 1 | | public transportation facility paid for in whole or in |
| 2 | | part with public funds. |
| 3 | | (9) Any building, real property, and parking area |
| 4 | | under the control of an establishment that serves alcohol |
| 5 | | on its premises, if more than 50% of the establishment's |
| 6 | | gross receipts within the prior 3 months is from the sale |
| 7 | | of alcohol. The owner of an establishment who knowingly |
| 8 | | fails to prohibit concealed firearms on its premises as |
| 9 | | provided in this paragraph or who knowingly makes a false |
| 10 | | statement or record to avoid the prohibition on concealed |
| 11 | | firearms under this paragraph is subject to the penalty |
| 12 | | under subsection (c-5) of Section 10-1 of the Liquor |
| 13 | | Control Act of 1934. |
| 14 | | (10) Any public gathering or special event conducted |
| 15 | | on property open to the public that requires the issuance |
| 16 | | of a permit from the unit of local government, provided |
| 17 | | this prohibition shall not apply to a licensee who must |
| 18 | | walk through a public gathering in order to access his or |
| 19 | | her residence, place of business, or vehicle. |
| 20 | | (11) Any building or real property that has been |
| 21 | | issued a Special Event Retailer's license as defined in |
| 22 | | Section 1-3.17.1 of the Liquor Control Act during the time |
| 23 | | designated for the sale of alcohol by the Special Event |
| 24 | | Retailer's license, or a Special use permit license as |
| 25 | | defined in subsection (q) of Section 5-1 of the Liquor |
| 26 | | Control Act during the time designated for the sale of |
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| 1 | | alcohol by the Special use permit license. |
| 2 | | (12) Any public playground. |
| 3 | | (13) Any public park, athletic area, or athletic |
| 4 | | facility under the control of a municipality or park |
| 5 | | district, provided nothing in this Section shall prohibit |
| 6 | | a licensee from carrying a concealed firearm while on a |
| 7 | | trail or bikeway if only a portion of the trail or bikeway |
| 8 | | includes a public park. |
| 9 | | (14) Any real property under the control of the Cook |
| 10 | | County Forest Preserve District. |
| 11 | | (15) Any building, classroom, laboratory, medical |
| 12 | | clinic, hospital, artistic venue, athletic venue, |
| 13 | | entertainment venue, officially recognized |
| 14 | | university-related organization property, whether owned or |
| 15 | | leased, and any real property, including parking areas, |
| 16 | | sidewalks, and common areas under the control of a public |
| 17 | | or private community college, college, or university. |
| 18 | | (16) Any building, real property, or parking area |
| 19 | | under the control of a gaming facility licensed under the |
| 20 | | Illinois Gambling Act or the Illinois Horse Racing Act of |
| 21 | | 1975, including an inter-track wagering location licensee. |
| 22 | | (17) Any stadium, arena, or the real property or |
| 23 | | parking area under the control of a stadium, arena, or any |
| 24 | | collegiate or professional sporting event. |
| 25 | | (18) Any building, real property, or parking area |
| 26 | | under the control of a public library. |
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| 1 | | (19) Any building, real property, or parking area |
| 2 | | under the control of an airport. |
| 3 | | (20) Any building, real property, or parking area |
| 4 | | under the control of an amusement park. |
| 5 | | (21) Any building, real property, or parking area |
| 6 | | under the control of a zoo or museum. |
| 7 | | (22) Any street, driveway, parking area, property, |
| 8 | | building, or facility, owned, leased, controlled, or used |
| 9 | | by a nuclear energy, storage, weapons, or development site |
| 10 | | or facility regulated by the federal Nuclear Regulatory |
| 11 | | Commission. The licensee shall not under any circumstance |
| 12 | | store a firearm or ammunition in his or her vehicle or in a |
| 13 | | compartment or container within a vehicle located anywhere |
| 14 | | in or on the street, driveway, parking area, property, |
| 15 | | building, or facility described in this paragraph. |
| 16 | | (23) Any area where firearms are prohibited under |
| 17 | | federal law. |
| 18 | | (a-3) The school board of a school district of a public |
| 19 | | elementary or secondary school or a non-public elementary or |
| 20 | | secondary school may develop a policy to permit the carrying |
| 21 | | of a firearm by an employee of the school, licensed under this |
| 22 | | Act, in any building or on any real property or parking area |
| 23 | | under the control of the public or non-public elementary or |
| 24 | | secondary school. The policy must contain safe storage |
| 25 | | provisions for the firearm. Those provisions must include |
| 26 | | securing the firearm in a locked box or container that cannot |
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| 1 | | be accessed by students. |
| 2 | | (a-5) Nothing in this Act shall prohibit a public or |
| 3 | | private community college, college, or university from: |
| 4 | | (1) prohibiting persons from carrying a firearm within |
| 5 | | a vehicle owned, leased, or controlled by the college or |
| 6 | | university; |
| 7 | | (2) developing resolutions, regulations, or policies |
| 8 | | regarding student, employee, or visitor misconduct and |
| 9 | | discipline, including suspension and expulsion; |
| 10 | | (3) developing resolutions, regulations, or policies |
| 11 | | regarding the storage or maintenance of firearms, which |
| 12 | | must include designated areas where persons can park |
| 13 | | vehicles that carry firearms; and |
| 14 | | (4) permitting the carrying or use of firearms for the |
| 15 | | purpose of instruction and curriculum of officially |
| 16 | | recognized programs, including but not limited to military |
| 17 | | science and law enforcement training programs, or in any |
| 18 | | designated area used for hunting purposes or target |
| 19 | | shooting. |
| 20 | | (a-10) The owner of private real property of any type may |
| 21 | | prohibit the carrying of concealed firearms on the property |
| 22 | | under his or her control. The owner must post a sign in |
| 23 | | accordance with subsection (d) of this Section indicating that |
| 24 | | firearms are prohibited on the property, unless the property |
| 25 | | is a private residence. |
| 26 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
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| 1 | | this Section except under paragraph (22) or (23) of subsection |
| 2 | | (a), any licensee prohibited from carrying a concealed firearm |
| 3 | | into the parking area of a prohibited location specified in |
| 4 | | subsection (a), (a-5), or (a-10) of this Section shall be |
| 5 | | permitted to carry a concealed firearm on or about his or her |
| 6 | | person within a vehicle into the parking area and may store a |
| 7 | | firearm or ammunition concealed in a case within a locked |
| 8 | | vehicle or locked container out of plain view within the |
| 9 | | vehicle in the parking area. A licensee may carry a concealed |
| 10 | | firearm in the immediate area surrounding his or her vehicle |
| 11 | | within a prohibited parking lot area only for the limited |
| 12 | | purpose of storing or retrieving a firearm within the |
| 13 | | vehicle's trunk. For purposes of this subsection, "case" |
| 14 | | includes a glove compartment or console that completely |
| 15 | | encloses the concealed firearm or ammunition, the trunk of the |
| 16 | | vehicle, or a firearm carrying box, shipping box, or other |
| 17 | | container. |
| 18 | | (c) A licensee shall not be in violation of this Section |
| 19 | | while he or she is traveling along a public right of way that |
| 20 | | touches or crosses any of the premises under subsection (a), |
| 21 | | (a-5), or (a-10) of this Section if the concealed firearm is |
| 22 | | carried on his or her person in accordance with the provisions |
| 23 | | of this Act or is being transported in a vehicle by the |
| 24 | | licensee in accordance with all other applicable provisions of |
| 25 | | law. |
| 26 | | (d) Signs stating that the carrying of firearms is |
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| 1 | | prohibited shall be clearly and conspicuously posted at the |
| 2 | | entrance of a building, premises, or real property specified |
| 3 | | in this Section as a prohibited area, unless the building or |
| 4 | | premises is a private residence. Signs shall be of a uniform |
| 5 | | design as established by the Department and shall be 4 inches |
| 6 | | by 6 inches in size. The Department shall adopt rules for |
| 7 | | standardized signs to be used under this subsection.
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| 8 | | (Source: P.A. 101-31, eff. 6-28-19.)
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| 9 | | (430 ILCS 66/105)
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| 10 | | Sec. 105. Duty of school administrator. It is the duty of |
| 11 | | the principal
of a public elementary or secondary school, or |
| 12 | | his or her designee, and the
chief administrative officer of a |
| 13 | | non-public private elementary or secondary school or a
public |
| 14 | | or private community college, college, or university, or his |
| 15 | | or her
designee, to report to the Department of State Police |
| 16 | | when a student is determined to pose a clear and present danger |
| 17 | | to himself, herself, or to others, within 24 hours of
the |
| 18 | | determination as provided in Section 6-103.3 of the Mental |
| 19 | | Health and Developmental Disabilities Code. "Clear and present |
| 20 | | danger" has the meaning as provided in paragraph (2) of the |
| 21 | | definition of "clear and present danger" in Section 1.1 of the |
| 22 | | Firearm Owners Identification Card Act.
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| 23 | | (Source: P.A. 98-63, eff. 7-9-13.)
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