103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3197
 
Introduced , by Rep. David Friess
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.



LRB103 26878 RLC 53242 b


 
 
A BILL FOR
 


HB3197LRB103 26878 RLC 53242 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 3. The Open Meetings Act is amended by changing 
5Section 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 
9be open to the public unless excepted in subsection (c)
and 
10closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained 
12in subsection
(c) are in derogation of the requirement that 
13public bodies
meet in the open, and therefore, the exceptions 
14are to be strictly
construed, extending only to subjects 
15clearly within their scope.
The exceptions authorize but do 
16not require the holding of
a closed meeting to discuss a 
17subject included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to 
19consider 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 
2 legal counsel for
the public body, including hearing

3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or
against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance 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 
22 public body
is given power to remove the occupant under 
23 law or ordinance. 

24  (4) Evidence or testimony presented in open hearing, 
25 or in closed
hearing where specifically authorized by law, 
26 to
a quasi-adjudicative body, as defined in this Act, 
 
 
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1 provided that the body
prepares and makes available for 
2 public 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 
6 purpose of discussing
whether a particular parcel should 
7 be 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, 
11 or investment
contracts. This exception shall not apply to 
12 the investment of assets or income of funds deposited into 
13 the Illinois Prepaid Tuition Trust Fund. 

14  (8) Security procedures, school building safety and 
15 security, and the use of personnel and
equipment to 
16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students, 
18 staff, the 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 
13 body 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 
17 housing practices and creating a commission or

18 administrative 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 
14 hospital, or
other institution providing medical care, 
15 that is 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 
 
 
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1 as 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) Meetings and deliberations for decisions of the 
12 Concealed Carry Licensing Review Board under the Firearm 
13 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 
23 Act 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  (37) Deliberations for decisions of the Illinois Law

13 Enforcement Training Standards Board, the Certification 
14 Review Panel, and the Illinois State Police Merit Board 
15 regarding certification and decertification. 
16  (38) Meetings of the Ad Hoc Statewide Domestic

17 Violence Fatality Review Committee of the Illinois 
18 Criminal
Justice Information Authority Board that occur in 
19 closed executive session under subsection (d) of Section 
20 35 of the Domestic Violence Fatality Review Act. 
21  (39) Meetings of the regional review teams under 
22 subsection (a) of Section 75 of the Domestic Violence 
23 Fatality Review Act. 
24  (40) Meetings of the Firearm Owner's Identification 
25 Card Review Board under Section 10 of the Firearm Owners 
26 Identification Card Act before the effective date of this 
 
 
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1 amendatory Act of the 103rd General Assembly. 
2 (d) Definitions. For purposes of this Section:

3 "Employee" means a person employed by a public body whose 
4relationship
with the public body constitutes an 
5employer-employee relationship under
the usual common law 
6rules, and who is not an independent contractor.

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

8Constitution or laws of this State, the occupant of which is 
9charged with
the exercise of some portion of the sovereign 
10power of this State. The term
"public office" shall include 
11members of the public body, but it shall not
include 
12organizational positions filled by members thereof, whether

13established by law or by a public body itself, that exist to 
14assist the
body in the conduct of its business.

15 "Quasi-adjudicative body" means an administrative body 
16charged by law or
ordinance with the responsibility to conduct 
17hearings, receive evidence or
testimony and make 
18determinations based
thereon, but does not include
local 
19electoral boards when such bodies are considering petition 
20challenges.

21 (e) Final action. No final action may be taken at a closed 
22meeting.
Final action shall be preceded by a public recital of 
23the nature of the
matter being considered and other 
24information that will inform the
public of the business being 
25conducted. 

26(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; 
 
 
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1101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. 
28-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

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



5 (5 ILCS 140/7.5)



6 Sec. 7.5. Statutory exemptions. To the extent provided for 
7by the statutes referenced below, the following shall be 
8exempt from inspection and copying:
9  (a) All information determined to be confidential 
10 under Section 4002 of the Technology Advancement and 
11 Development Act.
12  (b) Library circulation and order records identifying 
13 library users with specific materials under the Library 
14 Records Confidentiality Act.
15  (c) Applications, related documents, and medical 
16 records received by the Experimental Organ Transplantation 
17 Procedures Board and any and all documents or other 
18 records prepared by the Experimental Organ Transplantation 
19 Procedures Board or its staff relating to applications it 
20 has received.
21  (d) Information and records held by the Department of 
22 Public Health and its authorized representatives relating 
23 to known or suspected cases of sexually transmissible 
24 disease or any information the disclosure of which is 
 
 
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1 restricted under the Illinois Sexually Transmissible 
2 Disease Control Act.
3  (e) Information the disclosure of which is exempted 
4 under Section 30 of the Radon Industry Licensing Act.
5  (f) Firm performance evaluations under Section 55 of 
6 the Architectural, Engineering, and Land Surveying 
7 Qualifications Based Selection Act.
8  (g) Information the disclosure of which is restricted 
9 and exempted under Section 50 of the Illinois Prepaid 
10 Tuition Act.
11  (h) Information the disclosure of which is exempted 
12 under the State Officials and Employees Ethics Act, and 
13 records of any lawfully created State or local inspector 
14 general's office that would be exempt if created or 
15 obtained by an Executive Inspector General's office under 
16 that Act.
17  (i) Information contained in a local emergency energy 
18 plan submitted to a municipality in accordance with a 
19 local emergency energy plan ordinance that is adopted 
20 under Section 11-21.5-5 of the Illinois Municipal Code.
21  (j) Information and data concerning the distribution 
22 of surcharge moneys collected and remitted by carriers 
23 under the Emergency Telephone System Act.
24  (k) Law enforcement officer identification information 
25 or driver identification information compiled by a law 
26 enforcement agency or the Department of Transportation 
 
 
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1 under Section 11-212 of the Illinois Vehicle Code.
2  (l) Records and information provided to a residential 
3 health care facility resident sexual assault and death 
4 review team or the Executive Council under the Abuse 
5 Prevention Review Team Act.
6  (m) Information provided to the predatory lending 
7 database created pursuant to Article 3 of the Residential 
8 Real Property Disclosure Act, except to the extent 
9 authorized under that Article.
10  (n) Defense budgets and petitions for certification of 
11 compensation and expenses for court appointed trial 
12 counsel as provided under Sections 10 and 15 of the 
13 Capital Crimes Litigation Act. This subsection (n) shall 
14 apply until the conclusion of the trial of the case, even 
15 if the prosecution chooses not to pursue the death penalty 
16 prior to trial or sentencing.
17  (o) Information that is prohibited from being 
18 disclosed under Section 4 of the Illinois Health and 
19 Hazardous Substances Registry Act.
20  (p) Security portions of system safety program plans, 
21 investigation reports, surveys, schedules, lists, data, or 
22 information compiled, collected, or prepared by or for the 
23 Department of Transportation under Sections 2705-300 and 
24 2705-616 of the Department of Transportation Law of the 
25 Civil Administrative Code of Illinois, the Regional 
26 Transportation Authority under Section 2.11 of the 
 
 
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1 Regional Transportation Authority Act, or the St. Clair 
2 County Transit District under the Bi-State Transit Safety 
3 Act. 
4  (q) Information prohibited from being disclosed by the 
5 Personnel Record Review Act. 
6  (r) Information prohibited from being disclosed by the 
7 Illinois School Student Records Act. 
8  (s) Information the disclosure of which is restricted 
9 under Section 5-108 of the Public Utilities Act. 

10  (t) All identified or deidentified health information 
11 in the form of health data or medical records contained 
12 in, stored in, submitted to, transferred by, or released 
13 from the Illinois Health Information Exchange, and 
14 identified or deidentified health information in the form 
15 of health data and medical records of the Illinois Health 
16 Information Exchange in the possession of the Illinois 
17 Health Information Exchange Office due to its 
18 administration of the Illinois Health Information 
19 Exchange. The terms "identified" and "deidentified" shall 
20 be given the same meaning as in the Health Insurance 
21 Portability and Accountability Act of 1996, Public Law 
22 104-191, or any subsequent amendments thereto, and any 
23 regulations promulgated thereunder. 
24  (u) Records and information provided to an independent 
25 team of experts under the Developmental Disability and 
26 Mental Health Safety Act (also known as Brian's Law). 
 
 
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1  (v) Names and information of people who have applied 
2 for or received Firearm Owner's Identification Cards under 
3 the Firearm Owners Identification Card Act before the 
4 effective date of this amendatory Act of the 103rd General 
5 Assembly or applied for or received a concealed carry 
6 license under the Firearm Concealed Carry Act, unless 
7 otherwise authorized by the Firearm Concealed Carry Act; 
8 and databases under the Firearm Concealed Carry Act, 
9 records of the Concealed Carry Licensing Review Board 
10 under the Firearm Concealed Carry Act, and law enforcement 
11 agency objections under the Firearm Concealed Carry Act. 
12  (v-5) Records of the Firearm Owner's Identification 
13 Card Review Board that were are exempted from disclosure 
14 under Section 10 of the Firearm Owners Identification Card 
15 Act before the effective date of this amendatory Act of 
16 the 103rd General Assembly.
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 
3 an 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 
7 and 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 
21 prohibited from disclosure under the First Responders 
22 Suicide 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 
11 Act. 
12  (uu) Information that is exempt from disclosure under 
13 Section 50 of the Sexual Assault Evidence Submission Act. 
14  (vv) Information that is exempt from disclosure under 
15 subsections (f) and (j) of Section 5-36 of the Illinois 
16 Public Aid Code. 
17  (ww) Information that is exempt from disclosure under 
18 Section 16.8 of the State Treasurer Act. 
19  (xx) Information that is exempt from disclosure or 
20 information that shall not be made public under the 
21 Illinois Insurance Code. 
22  (yy) Information prohibited from being disclosed under 
23 the Illinois Educational Labor Relations Act.
24  (zz) Information prohibited from being disclosed under 
25 the Illinois Public Labor Relations Act. 
26  (aaa) Information prohibited from being disclosed 
 
 
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1 under Section 1-167 of the Illinois Pension Code. 
2  (bbb) Information that is prohibited from disclosure 
3 by the Illinois Police Training Act and the Illinois State 
4 Police Act. 
5  (ccc) Records exempt from disclosure under Section

6 2605-304 of the Illinois State Police Law of the Civil

7 Administrative Code of Illinois. 
8  (ddd) Information prohibited from being disclosed 
9 under Section 35 of the Address Confidentiality for 
10 Victims of Domestic Violence, Sexual Assault, Human 
11 Trafficking, or Stalking Act. 
12  (eee) Information prohibited from being disclosed 
13 under subsection (b) of Section 75 of the Domestic 
14 Violence Fatality Review Act. 
15  (fff) Images from cameras under the Expressway Camera 
16 Act. This subsection (fff) is inoperative on and after 
17 July 1, 2023. 
18  (ggg) Information prohibited from disclosure under 
19 paragraph (3) of subsection (a) of Section 14 of the Nurse 
20 Agency Licensing Act. 
21  (hhh) Information submitted to the Illinois Department 
22 of State Police in an affidavit or application for an 
23 assault weapon endorsement, assault weapon attachment 
24 endorsement, .50 caliber rifle endorsement, or .50 caliber 
25 cartridge endorsement under the Firearm Owners 
26 Identification Card Act. 
 
 
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1(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
2101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
31-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
4eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
5101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
61-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
7eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
8102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
97-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
102-13-23.)

11 Section 5.5. The Illinois TRUST Act is amended by changing 
12Section 15 as follows:

13 (5 ILCS 805/15)

14 Sec. 15. Prohibition on enforcing federal civil 
15immigration laws. 

16 (a) A law enforcement agency or law enforcement official 
17shall not detain or continue to detain any individual solely 
18on the basis of any immigration detainer or civil immigration 
19warrant or otherwise comply with an immigration detainer or 
20civil immigration warrant.
21 (b) A law enforcement agency or law enforcement official 
22shall not stop, arrest, search, detain, or continue to detain 
23a person solely based on an individual's citizenship or 
24immigration status.
 
 
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1 (c) (Blank).
2 (d) A law enforcement agency or law enforcement official 
3acting in good faith in compliance with this Section who 
4releases a person subject to an immigration detainer or civil 
5immigration warrant shall have immunity from any civil or 
6criminal liability that might otherwise occur as a result of 
7making the release, with the exception of willful or wanton 
8misconduct.

9 (e) A law enforcement agency or law enforcement official 
10may not inquire about or investigate the citizenship or 
11immigration status or place of birth of any individual in the 
12agency or official's custody or who has otherwise been stopped 
13or detained by the agency or official. Nothing in this 
14subsection shall be construed to limit the ability of a law 
15enforcement agency or law enforcement official, pursuant to 
16State or federal law, to notify a person in the law enforcement 
17agency's custody about that person's right to communicate with 
18consular officers from that person's country of nationality, 
19or facilitate such communication, in accordance with the 
20Vienna Convention on Consular Relations or other bilateral 
21agreements. Nothing in this subsection shall be construed to 
22limit the ability of a law enforcement agency or law 
23enforcement official to request evidence of citizenship or 
24immigration status pursuant to the Firearm Owners 
25Identification Card Act, the Firearm Concealed Carry Act, 
26Article 24 of the Criminal Code of 2012, or 18 United States 
 
 
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1Code Sections 921 through 931.
2 (f) Unless otherwise limited by federal law, a law 
3enforcement agency or law enforcement official may not deny 
4services, benefits, privileges, or opportunities to an 
5individual in custody or under probation status, including, 
6but not limited to, eligibility for or placement in a lower 
7custody classification, educational, rehabilitative, or 
8diversionary programs, on the basis of the individual's 
9citizenship or immigration status, the issuance of an 
10immigration detainer or civil immigration warrant against the 
11individual, or the individual being in immigration removal 
12proceedings.
13 (g)(1) No law enforcement agency, law enforcement 
14official, or any unit of State or local government may enter 
15into or renew any contract, intergovernmental service 
16agreement, or any other agreement to house or detain 
17individuals for federal civil immigration violations.
18 (2) Any law enforcement agency, law enforcement official, 
19or unit of State or local government with an existing 
20contract, intergovernmental agreement, or other agreement, 
21whether in whole or in part, that is utilized to house or 
22detain individuals for civil immigration violations shall 
23exercise the termination provision in the agreement as applied 
24to housing or detaining individuals for civil immigration 
25violations no later than January 1, 2022.
26 (h) Unless presented with a federal criminal warrant, or 
 
 
HB3197- 22 -LRB103 26878 RLC 53242 b


1otherwise required by federal law, a law enforcement agency or 
2official may not:
3  (1) participate, support, or assist in any capacity 
4 with an immigration agent's enforcement
operations, 
5 including any collateral assistance such as coordinating 
6 an arrest in a courthouse or other public facility, 
7 providing use of any equipment, transporting any 
8 individuals, or establishing a security or traffic 
9 perimeter surrounding such operations, or any other 
10 on-site support;
11  (2) give any immigration agent access, including by 
12 telephone, to any individual who is in that agency's 
13 custody;
14  (3) transfer any person into an immigration agent's 
15 custody;
16  (4) permit immigration agents use of agency facilities 
17 or equipment, including any agency electronic databases 
18 not available to the public, for investigative interviews 
19 or other investigative or immigration enforcement purpose;
20  (5) enter into or maintain any agreement regarding 
21 direct access to any electronic database or other 
22 data-sharing platform maintained by any law enforcement 
23 agency, or otherwise provide such direct access to the 
24 U.S. Immigration and Customs Enforcement, United States 
25 Customs and Border Protection or any other federal entity 
26 enforcing civil immigration violations;
 
 
HB3197- 23 -LRB103 26878 RLC 53242 b


1  (6) provide information in response to any immigration 
2 agent's inquiry or request for information regarding any 
3 individual in the agency's custody; or
4  (7) provide to any immigration agent information not 
5 otherwise available to the public relating to an 
6 individual's release or contact information, or otherwise 
7 facilitate for an immigration agent to apprehend or 
8 question an individual for immigration enforcement.
9 (i) Nothing in this Section shall preclude a law 
10enforcement official from otherwise executing that official's 
11duties in investigating violations of criminal law and 
12cooperating in such investigations with federal and other law 
13enforcement agencies (including criminal investigations 
14conducted by federal Homeland Security Investigations (HSI)) 
15in order to ensure public safety. 
16(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)

17 Section 6. The Gun Trafficking Information Act is amended 
18by changing Section 10-5 as follows:

19 (5 ILCS 830/10-5)

20 Sec. 10-5. Gun trafficking information.

21 (a) The Illinois State Police shall use all reasonable 
22efforts in making publicly available, on a regular and ongoing

23basis, key information related to firearms used in the

24commission of crimes in this State, including, but not limited

 
 
HB3197- 24 -LRB103 26878 RLC 53242 b


1to: reports on crimes committed with firearms, locations where

2the crimes occurred, the number of persons killed or injured 
3in
the commission of the crimes, the state where the firearms 
4used
originated, the Federal Firearms Licensee that sold the 
5firearm, the type of firearms used, annual statistical 
6information concerning Firearm Owner's Identification Card and 
7concealed carry license applications, revocations, and 
8compliance with Section 9.5 of the Firearm Owners 
9Identification Card Act, firearm restraining order 
10dispositions, and firearm dealer license certification 
11inspections. The Illinois State Police
shall make the 
12information available on its
website, which may be presented 
13in a dashboard format, in addition to electronically filing a 
14report with the
Governor and the General Assembly. The report 
15to the General
Assembly shall be filed with the Clerk of the 
16House of
Representatives and the Secretary of the Senate in 
17electronic
form only, in the manner that the Clerk and the 
18Secretary shall
direct.

19 (b) (Blank). The Illinois State Police shall study, on a 
20regular and ongoing basis, and compile reports on the number 
21of Firearm Owner's Identification Card checks to determine 
22firearms trafficking or straw purchase patterns. The Illinois 
23State Police shall, to the extent not inconsistent with law, 
24share such reports and underlying data with academic centers, 
25foundations, and law enforcement agencies studying firearms 
26trafficking, provided that personally identifying information 
 
 
HB3197- 25 -LRB103 26878 RLC 53242 b


1is protected. For purposes of this subsection (b), a Firearm 
2Owner's Identification Card number is not personally 
3identifying information, provided that no other personal 
4information of the card holder is attached to the record. The 
5Illinois State Police may create and attach an alternate 
6unique identifying number to each Firearm Owner's 
7Identification Card number, instead of releasing the Firearm 
8Owner's Identification Card number itself.
9 (c) Each department, office, division, and agency of this

10State shall, to the extent not inconsistent with law, 
11cooperate
fully with the Illinois State Police and furnish the

12Illinois State Police with all relevant information and 
13assistance on a
timely basis as is necessary to accomplish the 
14purpose of this
Act. The Illinois Criminal Justice Information 
15Authority shall submit the information required in subsection 
16(a) of this Section to the Illinois State Police, and any other 
17information as the Illinois State Police may request, to 
18assist the Illinois State Police in carrying out its duties 
19under this Act.

20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
21102-813, eff. 5-13-22.)

22 Section 7. The First Responders Suicide Prevention Act is 
23amended by changing Section 40 as follows:

24 (5 ILCS 840/40)
 
 
HB3197- 26 -LRB103 26878 RLC 53242 b


1 Sec. 40. Task Force recommendations.
2 (a) Task Force members shall recommend that agencies and 
3organizations guarantee access to mental health and wellness 
4services, including, but not limited to, peer support programs 
5and providing ongoing education related to the ever-evolving 
6concept of mental health wellness. These recommendations could 
7be accomplished by:
8  (1) Revising agencies' and organizations' employee 
9 assistance programs (EAPs).
10  (2) Urging health care providers to replace outdated 
11 healthcare plans and include more progressive options 
12 catering to the needs and disproportionate risks 
13 shouldered by our first responders.
14  (3) Allocating funding or resources for public service 
15 announcements (PSA) and messaging campaigns aimed at 
16 raising awareness of available assistance options.
17  (4) Encouraging agencies and organizations to attach 
18 lists of all available resources to training manuals and 
19 continuing education requirements. 
20 (b) Task Force members shall recommend agencies and 
21organizations sponsor or facilitate first responders with 
22specialized training in the areas of psychological fitness, 
23depressive disorders, early detection, and mitigation best 
24practices. Such trainings could be accomplished by:
25  (1) Assigning, appointing, or designating one member 
26 of an agency or organization to attend specialized 
 
 
HB3197- 27 -LRB103 26878 RLC 53242 b


1 training(s) sponsored by an accredited agency, 
2 association, or organization recognized in their fields of 
3 study.
4  (2) Seeking sponsorships or conducting fund-raisers, 
5 to host annual or semiannual on-site visits from qualified 
6 clinicians or physicians to provide early detection 
7 training techniques, or to provide regular access to 
8 mental health professionals.
9  (3) Requiring a minimum number of hours of disorders 
10 and wellness training be incorporated into reoccurring, 
11 annual or biannual training standards, examinations, and 
12 curriculums, taking into close consideration respective 
13 agency or organization size, frequency, and number of all 
14 current federal and state mandatory examinations and 
15 trainings expected respectively.
16  (4) Not underestimating the crucial importance of a 
17 balanced diet, sleep, mindfulness-based stress reduction 
18 techniques, moderate and vigorous intensity activities, 
19 and recreational hobbies, which have been scientifically 
20 proven to play a major role in brain health and mental 
21 wellness. 
22 (c) Task Force members shall recommend that administrators 
23and leadership personnel solicit training services from 
24evidence-based, data driven organizations. Organizations with 
25personnel trained on the analytical review and interpretation 
26of specific fields related to the nature of first responders' 
 
 
HB3197- 28 -LRB103 26878 RLC 53242 b


1exploits, such as PTSD, substance abuse, chronic state of 
2duress. Task Force members shall further recommend funding for 
3expansion and messaging campaigns of preliminary 
4self-diagnosing technologies like the one described above. 
5These objectives could be met by:
6  (1) Contacting an accredited agency, association, or 
7 organization recognized in the field or fields of specific 
8 study. Unbeknownst to the majority, many of the agencies 
9 and organizations listed above receive grants and 
10 allocations to assist communities with the very issues 
11 being discussed in this Section.
12  (2) Normalizing help-seeking behaviors for both first 
13 responders and their families through regular messaging 
14 and peer support outreach, beginning with academy 
15 curricula and continuing education throughout individuals' 
16 careers.
17  (3) Funding and implementing PSA campaigns that 
18 provide clear and concise calls to action about mental 
19 health and wellness, resiliency, help-seeking, treatment, 
20 and recovery.
21  (4) Promoting and raising awareness of not-for-profit 
22 non-for-profit organizations currently available to assist 
23 individuals in search of care and treatment. Organizations 
24 have intuitive user-friendly sites, most of which have 
25 mobile applications, so first responders can access at a 
26 moment's notice. However, because of limited funds, these 
 
 
HB3197- 29 -LRB103 26878 RLC 53242 b


1 organizations have a challenging time of getting the word 
2 out there about their existence.
3  (5) Expanding Family and Medical Leave Act protections 
4 for individuals voluntarily seeking preventative 
5 treatment.
6  (6) Promoting and ensuring complete patient 
7 confidentiality protections. 
8 (d) Task Force members shall recommend that agencies and 
9organizations incorporate the following training components 
10into already existing modules and educational curriculums. 
11Doing so could be done by:
12  (1) Bolstering academy and school curricula by 
13 requiring depressive disorder training catered to PTSD, 
14 substance abuse, and early detection techniques training, 
15 taking into close consideration respective agency or 
16 organization size, and the frequency and number of all 
17 current federal and state mandatory examinations and 
18 trainings expected respectively.
19  (2) Continuing to allocate or match federal and state 
20 funds to maintain Mobile Mobil Training Units (MTUs). 
21  (3) Incorporating a state certificate for peer support 
22 training into already exiting statewide curriculums and 
23 mandatory examinations, annual State Fire Marshal 
24 examinations, and physical fitness examinations. The 
25 subject matter of the certificate should have an emphasis 
26 on mental health and wellness, as well as familiarization 
 
 
HB3197- 30 -LRB103 26878 RLC 53242 b


1 with topics ranging from clinical social work, clinical 
2 psychology, clinical behaviorist, and clinical psychiatry.
3  (4) Incorporating and performing statewide mental 
4 health check-ins during the same times as already mandated 
5 trainings. These checks are not to be compared or used as 
6 measures of fitness for duty evaluations or structured 
7 psychological examinations.
8  (5) Recommending comprehensive and evidence-based 
9 training on the importance of preventative measures on the 
10 topics of sleep, nutrition, mindfulness, and physical 
11 movement.
12  (6) (Blank). Law enforcement agencies should provide 
13 training on the Firearm Owner's Identification Card Act, 
14 including seeking relief from the Illinois State Police 
15 under Section 10 of the Firearm Owners Identification Card 
16 Act and a FOID card being a continued condition of 
17 employment under Section 7.2 of the Uniform Peace 
18 Officers' Disciplinary Act. 

19(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)

20 Section 10. The Illinois State Police Law of the
Civil 
21Administrative Code of Illinois is amended by changing 
22Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:




23 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)



24 Sec. 2605-10. Powers and duties, generally. 
 
 
HB3197- 31 -LRB103 26878 RLC 53242 b


1 (a) The Illinois State Police shall exercise the rights, 
2powers, and duties that have been vested in the Illinois State 
3Police by the following:
4 The Illinois State Police Act.
5 The Illinois State Police Radio Act.
6 The Criminal Identification Act.
7 The Illinois Vehicle Code.
8 The Firearm Owners Identification Card Act.
9 The Firearm Concealed Carry Act.
10 The Gun Dealer Licensing Act.
11 The Intergovernmental Missing Child Recovery Act of 1984.
12 The Intergovernmental Drug Laws Enforcement Act.
13 The Narcotic Control Division Abolition Act.
14 (b) The Illinois State Police shall have the
powers and 
15duties set forth in the following Sections.

16(Source: P.A. 102-538, eff. 8-20-21.)




17 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



18 Sec. 2605-45. Division of Justice Services. The Division 
19of
Justice Services shall exercise the
following functions:

20  (1) Operate and maintain the Law Enforcement Agencies 
21 Data System (LEADS), a statewide, computerized 
22 telecommunications system designed to provide services, 
23 information, and capabilities to the law enforcement and 
24 criminal justice community in the State of Illinois. The 
25 Director is responsible for establishing policy, 
 
 
HB3197- 32 -LRB103 26878 RLC 53242 b


1 procedures, and regulations consistent with State and 
2 federal rules, policies, and law by which LEADS operates. 
3 The Director shall designate a statewide LEADS 
4 Administrator for management of the system. The Director 
5 may appoint a LEADS Advisory Policy Board to reflect the 
6 needs and desires of the law enforcement and criminal 
7 justice community and to make recommendations concerning 
8 policies and procedures.

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

11  (3) Serve as the State's point of contact for the 
12 Federal Bureau of Investigation's Uniform Crime Reporting 
13 Program and National Incident-Based Reporting System.

14  (4) Operate an electronic data processing and computer 
15 center
for the
storage and retrieval of data pertaining to 
16 criminal activity.

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

18 the Illinois State Police by the Cannabis Regulation and 
19 Tax Act and the Compassionate Use of Medical Cannabis 
20 Program Act.

21  (6) (Blank).

22  (6.5) (Blank). Exercise the rights, powers, and duties 
23 vested in the Illinois State Police
by the Firearm Owners 
24 Identification Card Act, the Firearm Concealed Carry Act, 
25 and the Firearm Dealer License Certification Act.

26  (7) Exercise other duties that may be assigned
by the 
 
 
HB3197- 33 -LRB103 26878 RLC 53242 b


1 Director to
fulfill the responsibilities and achieve the 
2 purposes of the Illinois State Police.

3  (8) Exercise the rights, powers, and duties vested by 
4 law in the Illinois State Police by the Criminal 
5 Identification Act. 
6  (9) Exercise the powers and perform the duties that 
7 have been vested
in the Illinois State Police by the Sex 
8 Offender Registration Act and
the Sex Offender
Community 
9 Notification Law and
adopt reasonable rules necessitated 
10 thereby. 
11(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)






12 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)



13 Sec. 2605-200. Investigations of crime; enforcement of 
14laws; records; crime laboratories; personnel. 

15 (a) To do the following:


16  (1) Investigate the origins, activities, personnel, 
17 and
incidents of crime and the ways and means to redress 
18 the victims of
crimes; study the impact, if any, of 
19 legislation relative to the
effusion of crime and growing 
20 crime rates; and enforce the criminal
laws
of this State 
21 related thereto.


22  (2) Enforce all laws regulating the
production, sale, 
23 prescribing, manufacturing, administering,
transporting, 
24 having in possession, dispensing, delivering,

25 distributing, or use of controlled substances and 
 
 
HB3197- 34 -LRB103 26878 RLC 53242 b


1 cannabis.


2  (3) Employ
skilled experts, scientists, technicians, 
3 investigators, or otherwise
specially qualified persons to 
4 aid in preventing or detecting crime,
apprehending 
5 criminals, or preparing and presenting evidence of

6 violations of the criminal laws of the State.


7  (4) Cooperate with the
police of cities, villages, and 
8 incorporated towns and with the police
officers of any 
9 county in enforcing the laws of the State and in making

10 arrests and recovering property.


11  (5) Apprehend and deliver up any person
charged in 
12 this State or any other state of the United States with

13 treason or a felony or other crime who has fled from

14 justice and is found
in this State.


15  (6) Conduct other investigations as
provided by law.

16  (7) Be a central repository and custodian of criminal 
17 statistics for the State.
18  (8) Be a central repository for criminal history 
19 record information.
20  (9) Procure and file for record information that is 
21 necessary and helpful to plan programs of crime 
22 prevention, law enforcement, and criminal justice.
23  (10) Procure and file for record copies of 
24 fingerprints that may be required by law.
25  (11) Establish general and field crime laboratories.
26  (12) (Blank). Register and file for record information 
 
 
HB3197- 35 -LRB103 26878 RLC 53242 b


1 that may be required by law for the issuance of firearm 
2 owner's identification cards under the Firearm Owners 
3 Identification Card Act and concealed carry licenses under 
4 the Firearm Concealed Carry Act.
5  (13) Employ laboratory technicians and other specially 
6 qualified persons to aid in the identification of criminal 
7 activity and the identification, collection, and recovery 
8 of cyber forensics, including but not limited to digital 
9 evidence, and may employ polygraph operators.
10  (14) Undertake other identification, information, 
11 laboratory, statistical, or registration activities that 
12 may be required by law.
13 (b) Persons exercising the powers set forth in
subsection 
14(a) within the Illinois State Police
are conservators of the 
15peace and as such have all the powers possessed
by policemen in 
16cities and sheriffs, except that they may exercise those

17powers anywhere in the State in cooperation with and after 
18contact with
the local law enforcement officials. Those 
19persons may use false
or
fictitious names in the performance 
20of their duties under this Section,
upon approval of the 
21Director, and shall not be subject to prosecution
under the 
22criminal laws for that use.

23(Source: P.A. 102-538, eff. 8-20-21.)


24 (20 ILCS 2605/2605-595)
25 Sec. 2605-595. State Police Firearm Services Fund.
 
 
HB3197- 36 -LRB103 26878 RLC 53242 b


1 (a) There is created in the State treasury a special fund 
2known as the State Police Firearm Services Fund. The Fund 
3shall receive revenue under the Firearm Concealed Carry Act 
4and , the Firearm Dealer License Certification Act, and 
5Section 5 of the Firearm Owners Identification Card Act. The 
6Fund may also receive revenue from grants, pass-through 
7grants, donations, appropriations, and any other legal source.
8 (a-5) Notwithstanding any other provision of law to the 
9contrary, and in addition to any other transfers that may be 
10provided by law, on the effective date of this amendatory Act 
11of the 102nd General Assembly, or as soon thereafter as 
12practical, the State Comptroller shall direct and the State 
13Treasurer shall transfer the remaining balance from the 
14Firearm Dealer License Certification Fund into the State 
15Police Firearm Services Fund. Upon completion of the transfer, 
16the Firearm Dealer License Certification Fund is dissolved, 
17and any future deposits due to that Fund and any outstanding 
18obligations or liabilities of that Fund shall pass to the 
19State Police Firearm Services Fund. 
20 (b) The Illinois State Police may use moneys in the Fund to 
21finance any of its lawful purposes, mandates, functions, and 
22duties under the Firearm Owners Identification Card Act, the 
23Firearm Dealer License Certification Act, and the Firearm 
24Concealed Carry Act, including the cost of sending notices of 
25expiration of Firearm Owner's Identification Cards, concealed 
26carry licenses, the prompt and efficient processing of 
 
 
HB3197- 37 -LRB103 26878 RLC 53242 b


1applications under the Firearm Owners Identification Card Act 
2and the Firearm Concealed Carry Act, the improved efficiency 
3and reporting of the LEADS and federal NICS law enforcement 
4data systems, and support for investigations required under 
5these Acts and law. Any surplus funds beyond what is needed to 
6comply with the aforementioned purposes shall be used by the 
7Illinois State Police to improve the Law Enforcement Agencies 
8Data System (LEADS) and criminal history background check 
9system. 
10 (c) Investment income that is attributable to the 
11investment of moneys in the Fund shall be retained in the Fund 
12for the uses specified in this Section. 

13(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)


14 (20 ILCS 2605/2605-120 rep.)
15 (20 ILCS 2605/2605-304 rep.)
16 Section 15. The Department of State Police Law of the

17Civil Administrative Code of Illinois is amended by repealing 
18Sections 2605-120 and 2605-304.

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

21 (20 ILCS 2630/2.2)
22 Sec. 2.2. Notification to the Illinois State Police. Upon 
23judgment of conviction of a violation of Section 12-1, 12-2, 
 
 
HB3197- 38 -LRB103 26878 RLC 53242 b


112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
2the Criminal Code of 2012 when the
defendant has been 
3determined, pursuant to Section 112A-11.1 of the Code of 
4Criminal Procedure of 1963,
to be subject to the prohibitions 
5of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include 
6notification and a copy of the written determination in a 
7report
of the conviction to the Illinois State Police Firearm 
8Owner's Identification Card Office to
enable the Illinois 
9State Police office to perform its duties under the Firearm 
10Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
11Identification Card Act and to report that determination to 
12the Federal Bureau
of Investigation to assist the Federal 
13Bureau of Investigation in identifying persons prohibited
from 
14purchasing and possessing a firearm pursuant to the provisions 
15of
18 U.S.C. 922. The written determination described in this 
16Section shall be included in the defendant's record of arrest 
17and conviction in the manner and form prescribed by the 
18Illinois State Police. 

19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 21. The Illinois Criminal Justice Information Act 
21is amended by changing Section 7.9 as follows:

22 (20 ILCS 3930/7.9)
23 (Section scheduled to be repealed on July 1, 2027)
24 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
 
 
HB3197- 39 -LRB103 26878 RLC 53242 b


1Force.
2 (a) As used in this Section, "firearms prohibitor" means 
3any factor listed in Section 4 of the Firearm Owners 
4Identification Card Act or Section 24-3 or 24-3.1 of the 
5Criminal Code of 2012 that prohibits a person from 
6transferring or possessing a firearm, firearm ammunition, 
7Firearm Owner's Identification Card, or concealed carry 
8license. 
9 (b) The Firearm Prohibitors and Records Improvement Task 
10Force is created to identify and research all available 
11grants, resources, and revenue that may be applied for and 
12used by all entities responsible for reporting federal and 
13State firearm prohibitors to the Illinois State Police and the 
14National Instant Criminal Background Check System. These Under 
15the Firearm Owners Identification Card Act, these reporting 
16entities include, but are not limited to, hospitals, courts, 
17law enforcement and corrections. The Task Force shall identify 
18weaknesses in reporting and recommend a strategy to direct 
19resources and revenue to ensuring reporting is reliable, 
20accurate, and timely. The Task Force shall inventory all 
21statutorily mandated firearm and gun violence related data 
22collection and reporting requirements, along with the agency 
23responsible for collecting that data, and identify gaps in 
24those requirements. The Task Force shall submit a coordinated 
25application with and through the Illinois Criminal Justice 
26Information Authority for federal funds from the National 
 
 
HB3197- 40 -LRB103 26878 RLC 53242 b


1Criminal History Improvement Program and the NICS Acts Record 
2Improvement Program.
The Firearm Prohibitors and Records 
3Improvement Task Force shall be comprised of the following 
4members, all of whom shall serve without compensation:
5  (1) the Executive Director of the Illinois Criminal 
6 Justice Information Authority, who shall serve as Chair;
7  (2) the Director of the Illinois State Police, or his 
8 or her designee;
9  (3) the Secretary of Human Services, or his or her 
10 designee;
11  (4) the Director of Corrections, or his or her 
12 designee;
13  (5) the Attorney General, or his or her designee;
14  (6) the Director of the Administrative Office of the 
15 Illinois Courts, or his or her designee; 
16  (7) a representative of an association representing 
17 circuit clerks appointed by the President of the Senate;
18  (8) a representative of an association representing 
19 sheriffs appointed by the House Minority Leader;
20  (9) a representative of an association representing 
21 State's Attorneys appointed by the House Minority Leader;
22  (10) a representative of an association representing 
23 chiefs of police appointed by the Senate Minority Leader;
24  (11) a representative of an association representing 
25 hospitals appointed by the Speaker of the House of 
26 Representatives;
 
 
HB3197- 41 -LRB103 26878 RLC 53242 b


1  (12) a representative of an association representing 
2 counties appointed by the President of the Senate; and
3  (13) a representative of an association representing 
4 municipalities appointed by the Speaker of the House of 
5 Representatives.
6 (c)
The Illinois Criminal Justice Information Authority 
7shall provide administrative and other support to the Task 
8Force. The Illinois State Police Division of Justice Services 
9shall also provide support to the Illinois Criminal Justice 
10Information Authority and the Task Force.
11 (d) The Task Force may meet in person or virtually and 
12shall issue a written report of its findings and 
13recommendations to General Assembly on or before July 1, 2022. 
14The Task Force shall issue an annual report, which shall 
15include information on the state of FOID data, including a 
16review of previous activity by the Task Force to close 
17previously identified gaps; identifying known (or new) gaps; a 
18proposal of policy and practice recommendations to close those 
19gaps; and a preview of expected activities of the Task Force 
20for the coming year.
21 (e) Within 60 days of the effective date of this 
22amendatory Act of the 102nd General Assembly, the Chair shall 
23establish the Task Force.
24 (f) This Section is repealed on July 1, 2027.

25(Source: P.A. 102-237, eff. 1-1-22.)

 
 
HB3197- 42 -LRB103 26878 RLC 53242 b


1 Section 25. The State Finance Act is amended by changing 
2Sections 6z-99 and 6z-127 as follows:

3 (30 ILCS 105/6z-99)
4 Sec. 6z-99. The Mental Health Reporting Fund.
5 (a) There is created in the State treasury a special fund 
6known as the Mental Health Reporting Fund. The Fund shall 
7receive revenue under the Firearm Concealed Carry Act. The 
8Fund may also receive revenue from grants, pass-through 
9grants, donations, appropriations, and any other legal source.
10 (b) The Illinois State Police and Department of Human 
11Services shall coordinate to use moneys in the Fund to finance 
12their respective duties of collecting and reporting data on 
13mental health records and ensuring that mental health firearm 
14possession prohibitors are enforced as set forth under the 
15Firearm Concealed Carry Act and the Firearm Owners 
16Identification Card Act. Any surplus in the Fund beyond what 
17is necessary to ensure compliance with mental health reporting 
18under that Act these Acts shall be used by the Department of 
19Human Services for mental health treatment programs as 
20follows: (1) 50% shall be used to fund
community-based mental 
21health programs aimed at reducing gun
violence, community 
22integration and education, or mental
health awareness and 
23prevention, including administrative
costs; and (2) 50% shall 
24be used to award grants that use and
promote the National 
25School Mental Health Curriculum model for
school-based mental 
 
 
HB3197- 43 -LRB103 26878 RLC 53242 b


1health support, integration, and services.
2 (c) Investment income that is attributable to the 
3investment of moneys in the Fund shall be retained in the Fund 
4for the uses specified in this Section.

5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
6102-813, eff. 5-13-22.)



7 (30 ILCS 105/6z-127)


8 Sec. 6z-127. State Police Revocation Enforcement Fund.
9 (a) The State Police Revocation Enforcement Fund is 
10established as a special fund in the State treasury. This Fund 
11is established to receive moneys from the Firearm Owners 
12Identification Card Act to enforce that Act, the Firearm 
13Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
14and other firearm offenses. The Fund may also receive revenue 
15from grants, donations, appropriations, and any other legal 
16source.
17 (b) The Illinois State Police may use moneys from the Fund 
18to establish task forces and, if necessary, include other law 
19enforcement agencies, under intergovernmental contracts 
20written and executed in conformity with the Intergovernmental 
21Cooperation Act.
22 (c) The Illinois State Police may use moneys in the Fund to 
23hire and train State Police officers and for the prevention of 
24violent crime.
25 (d) The State Police Revocation Enforcement Fund is not 
 
 
HB3197- 44 -LRB103 26878 RLC 53242 b


1subject to administrative chargebacks.
2 (e) (Blank). Law enforcement agencies that participate in 
3Firearm Owner's Identification Card revocation enforcement in 
4the Violent Crime Intelligence Task Force may apply for grants 
5from the Illinois State Police.

6(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)


7 Section 25.5. The Illinois Procurement Code is amended by 
8changing Section 1-10 as follows:


9 (30 ILCS 500/1-10)

 
10 Sec. 1-10. Application. 

11 (a) This Code applies only to procurements for which 
12bidders, offerors, potential contractors, or contractors were 
13first
solicited on or after July 1, 1998. This Code shall not 
14be construed to affect
or impair any contract, or any 
15provision of a contract, entered into based on a
solicitation 
16prior to the implementation date of this Code as described in

17Article 99, including, but not limited to, any covenant 
18entered into with respect
to any revenue bonds or similar 
19instruments.
All procurements for which contracts are 
20solicited between the effective date
of Articles 50 and 99 and 
21July 1, 1998 shall be substantially in accordance
with this 
22Code and its intent.

23 (b) This Code shall apply regardless of the source of the 
24funds with which
the contracts are paid, including federal 
 
 
HB3197- 45 -LRB103 26878 RLC 53242 b


1assistance moneys. This
Code shall
not apply to:

2  (1) Contracts between the State and its political 
3 subdivisions or other
governments, or between State 
4 governmental bodies, except as specifically provided in 
5 this Code.

6  (2) Grants, except for the filing requirements of 
7 Section 20-80.

8  (3) Purchase of care, except as provided in Section 
9 5-30.6 of the Illinois Public Aid
Code and this Section.

10  (4) Hiring of an individual as an employee and not as 
11 an independent
contractor, whether pursuant to an 
12 employment code or policy or by contract
directly with 
13 that individual.

14  (5) Collective bargaining contracts.

15  (6) Purchase of real estate, except that notice of 
16 this type of contract with a value of more than $25,000 
17 must be published in the Procurement Bulletin within 10 
18 calendar days after the deed is recorded in the county of 
19 jurisdiction. The notice shall identify the real estate 
20 purchased, the names of all parties to the contract, the 
21 value of the contract, and the effective date of the 
22 contract.

23  (7) Contracts necessary to prepare for anticipated 
24 litigation, enforcement
actions, or investigations, 
25 provided
that the chief legal counsel to the Governor 
26 shall give his or her prior
approval when the procuring 
 
 
HB3197- 46 -LRB103 26878 RLC 53242 b


1 agency is one subject to the jurisdiction of the
Governor, 
2 and provided that the chief legal counsel of any other 
3 procuring
entity
subject to this Code shall give his or 
4 her prior approval when the procuring
entity is not one 
5 subject to the jurisdiction of the Governor.

6  (8) (Blank).

7  (9) Procurement expenditures by the Illinois 
8 Conservation Foundation
when only private funds are used.

9  (10) (Blank). 
10  (11) Public-private agreements entered into according 
11 to the procurement requirements of Section 20 of the 
12 Public-Private Partnerships for Transportation Act and 
13 design-build agreements entered into according to the 
14 procurement requirements of Section 25 of the 
15 Public-Private Partnerships for Transportation Act.
16  (12) (A) Contracts for legal, financial, and other 
17 professional and artistic services entered into by the 
18 Illinois Finance Authority in which the State of Illinois 
19 is not obligated. Such contracts shall be awarded through 
20 a competitive process authorized by the members of the 
21 Illinois Finance Authority and are subject to Sections 
22 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
23 as well as the final approval by the members of the 
24 Illinois Finance Authority of the terms of the contract.
25  (B) Contracts for legal and financial services entered 
26 into by the Illinois Housing Development Authority in 
 
 
HB3197- 47 -LRB103 26878 RLC 53242 b


1 connection with the issuance of bonds in which the State 
2 of Illinois is not obligated. Such contracts shall be 
3 awarded through a competitive process authorized by the 
4 members of the Illinois Housing Development Authority and 
5 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
6 and 50-37 of this Code, as well as the final approval by 
7 the members of the Illinois Housing Development Authority 
8 of the terms of the contract. 
9  (13) Contracts for services, commodities, and 
10 equipment to support the delivery of timely forensic 
11 science services in consultation with and subject to the 
12 approval of the Chief Procurement Officer as provided in 
13 subsection (d) of Section 5-4-3a of the Unified Code of 
14 Corrections, except for the requirements of Sections 
15 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
16 Code; however, the Chief Procurement Officer may, in 
17 writing with justification, waive any certification 
18 required under Article 50 of this Code. For any contracts 
19 for services which are currently provided by members of a 
20 collective bargaining agreement, the applicable terms of 
21 the collective bargaining agreement concerning 
22 subcontracting shall be followed.
23  On and after January 1, 2019, this paragraph (13), 
24 except for this sentence, is inoperative. 
25  (14) Contracts for participation expenditures required 
26 by a domestic or international trade show or exhibition of 
 
 
HB3197- 48 -LRB103 26878 RLC 53242 b


1 an exhibitor, member, or sponsor.
2  (15) Contracts with a railroad or utility that 
3 requires the State to reimburse the railroad or utilities 
4 for the relocation of utilities for construction or other 
5 public purpose. Contracts included within this paragraph 
6 (15) shall include, but not be limited to, those 
7 associated with: relocations, crossings, installations, 
8 and maintenance. For the purposes of this paragraph (15), 
9 "railroad" means any form of non-highway ground 
10 transportation that runs on rails or electromagnetic 
11 guideways and "utility" means: (1) public utilities as 
12 defined in Section 3-105 of the Public Utilities Act, (2) 
13 telecommunications carriers as defined in Section 13-202 
14 of the Public Utilities Act, (3) electric cooperatives as 
15 defined in Section 3.4 of the Electric Supplier Act, (4) 
16 telephone or telecommunications cooperatives as defined in 
17 Section 13-212 of the Public Utilities Act, (5) rural 
18 water or waste water systems with 10,000 connections or 
19 less, (6) a holder as defined in Section 21-201 of the 
20 Public Utilities Act, and (7) municipalities owning or 
21 operating utility systems consisting of public utilities 
22 as that term is defined in Section 11-117-2 of the 
23 Illinois Municipal Code. 
24  (16) Procurement expenditures necessary for the 
25 Department of Public Health to provide the delivery of 
26 timely newborn screening services in accordance with the 
 
 
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1 Newborn Metabolic Screening Act. 
2  (17) Procurement expenditures necessary for the 
3 Department of Agriculture, the Department of Financial and 
4 Professional Regulation, the Department of Human Services, 
5 and the Department of Public Health to implement the 
6 Compassionate Use of Medical Cannabis Program and Opioid 
7 Alternative Pilot Program requirements and ensure access 
8 to medical cannabis for patients with debilitating medical 
9 conditions in accordance with the Compassionate Use of 
10 Medical Cannabis Program Act.
11  (18) This Code does not apply to any procurements 
12 necessary for the Department of Agriculture, the 
13 Department of Financial and Professional Regulation, the 
14 Department of Human Services, the Department of Commerce 
15 and Economic Opportunity, and the Department of Public 
16 Health to implement the Cannabis Regulation and Tax Act if 
17 the applicable agency has made a good faith determination 
18 that it is necessary and appropriate for the expenditure 
19 to fall within this exemption and if the process is 
20 conducted in a manner substantially in accordance with the 
21 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
22 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
23 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
24 Section 50-35, compliance applies only to contracts or 
25 subcontracts over $100,000. Notice of each contract 
26 entered into under this paragraph (18) that is related to 
 
 
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1 the procurement of goods and services identified in 
2 paragraph (1) through (9) of this subsection shall be 
3 published in the Procurement Bulletin within 14 calendar 
4 days after contract execution. The Chief Procurement 
5 Officer shall prescribe the form and content of the 
6 notice. Each agency shall provide the Chief Procurement 
7 Officer, on a monthly basis, in the form and content 
8 prescribed by the Chief Procurement Officer, a report of 
9 contracts that are related to the procurement of goods and 
10 services identified in this subsection. At a minimum, this 
11 report shall include the name of the contractor, a 
12 description of the supply or service provided, the total 
13 amount of the contract, the term of the contract, and the 
14 exception to this Code utilized. A copy of any or all of 
15 these contracts shall be made available to the Chief 
16 Procurement Officer immediately upon request. The Chief 
17 Procurement Officer shall submit a report to the Governor 
18 and General Assembly no later than November 1 of each year 
19 that includes, at a minimum, an annual summary of the 
20 monthly information reported to the Chief Procurement 
21 Officer. This exemption becomes inoperative 5 years after 
22 June 25, 2019 (the effective date of Public Act 101-27).
23  (19) Acquisition of modifications or adjustments, 
24 limited to assistive technology devices and assistive 
25 technology services, adaptive equipment, repairs, and 
26 replacement parts to provide reasonable accommodations (i) 
 
 
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1 that enable a qualified applicant with a disability to 
2 complete the job application process and be considered for 
3 the position such qualified applicant desires, (ii) that 
4 modify or adjust the work environment to enable a 
5 qualified current employee with a disability to perform 
6 the essential functions of the position held by that 
7 employee, (iii) to enable a qualified current employee 
8 with a disability to enjoy equal benefits and privileges 
9 of employment as are enjoyed by other similarly situated 
10 employees without disabilities, and (iv) that allow a 
11 customer, client, claimant, or member of the public 
12 seeking State services full use and enjoyment of and 
13 access to its programs, services, or benefits. 
14  For purposes of this paragraph (19):
15  "Assistive technology devices" means any item, piece 
16 of equipment, or product system, whether acquired 
17 commercially off the shelf, modified, or customized, that 
18 is used to increase, maintain, or improve functional 
19 capabilities of individuals with disabilities.
20  "Assistive technology services" means any service that 
21 directly assists an individual with a disability in 
22 selection, acquisition, or use of an assistive technology 
23 device.
24  "Qualified" has the same meaning and use as provided 
25 under the federal Americans with Disabilities Act when 
26 describing an individual with a disability. 
 
 
HB3197- 52 -LRB103 26878 RLC 53242 b


1  (20) Procurement expenditures necessary for the

2 Illinois Commerce Commission to hire third-party

3 facilitators pursuant to Sections 16-105.17 and
16-108.18 
4 of the Public Utilities Act or an ombudsman pursuant to 
5 Section 16-107.5 of the Public Utilities Act, a 
6 facilitator pursuant to Section 16-105.17 of the Public 
7 Utilities Act, or a grid auditor pursuant to Section 
8 16-105.10 of the Public Utilities Act. 
9  (21) Procurement expenditures for the purchase, 
10 renewal, and expansion of software, software licenses, or 
11 software maintenance agreements that support the efforts 
12 of the Illinois State Police to enforce, regulate, and 
13 administer the Firearm Owners Identification Card Act, the 
14 Firearm Concealed Carry Act, the Firearms Restraining 
15 Order Act, the Firearm Dealer License Certification Act, 
16 the Law Enforcement Agencies Data System (LEADS), the 
17 Uniform Crime Reporting Act, the Criminal Identification 
18 Act, the Uniform Conviction Information Act, and the Gun 
19 Trafficking Information Act, or establish or maintain 
20 record management systems necessary to conduct human 
21 trafficking investigations or gun trafficking or other 
22 stolen firearm investigations. This paragraph (21) applies 
23 to contracts entered into on or after the effective date 
24 of this amendatory Act of the 102nd General Assembly and 
25 the renewal of contracts that are in effect on the 
26 effective date of this amendatory Act of the 102nd General 
 
 
HB3197- 53 -LRB103 26878 RLC 53242 b


1 Assembly. 
2 Notwithstanding any other provision of law, for contracts 
3with an annual value of more than $100,000 entered into on or 
4after October 1, 2017 under an exemption provided in any 
5paragraph of this subsection (b), except paragraph (1), (2), 
6or (5), each State agency shall post to the appropriate 
7procurement bulletin the name of the contractor, a description 
8of the supply or service provided, the total amount of the 
9contract, the term of the contract, and the exception to the 
10Code utilized. The chief procurement officer shall submit a 
11report to the Governor and General Assembly no later than 
12November 1 of each year that shall include, at a minimum, an 
13annual summary of the monthly information reported to the 
14chief procurement officer. 
15 (c) This Code does not apply to the electric power 
16procurement process provided for under Section 1-75 of the 
17Illinois Power Agency Act and Section 16-111.5 of the Public 
18Utilities Act.
19 (d) Except for Section 20-160 and Article 50 of this Code, 
20and as expressly required by Section 9.1 of the Illinois 
21Lottery Law, the provisions of this Code do not apply to the 
22procurement process provided for under Section 9.1 of the 
23Illinois Lottery Law. 
24 (e) This Code does not apply to the process used by the 
25Capital Development Board to retain a person or entity to 
26assist the Capital Development Board with its duties related 
 
 
HB3197- 54 -LRB103 26878 RLC 53242 b


1to the determination of costs of a clean coal SNG brownfield 
2facility, as defined by Section 1-10 of the Illinois Power 
3Agency Act, as required in subsection (h-3) of Section 9-220 
4of the Public Utilities Act, including calculating the range 
5of capital costs, the range of operating and maintenance 
6costs, or the sequestration costs or monitoring the 
7construction of clean coal SNG brownfield facility for the 
8full duration of construction.
9 (f) (Blank). 
10 (g) (Blank).
11 (h) This Code does not apply to the process to procure or 
12contracts entered into in accordance with Sections 11-5.2 and 
1311-5.3 of the Illinois Public Aid Code. 
14 (i) Each chief procurement officer may access records 
15necessary to review whether a contract, purchase, or other 
16expenditure is or is not subject to the provisions of this 
17Code, unless such records would be subject to attorney-client 
18privilege. 
19 (j) This Code does not apply to the process used by the 
20Capital Development Board to retain an artist or work or works 
21of art as required in Section 14 of the Capital Development 
22Board Act. 
23 (k) This Code does not apply to the process to procure 
24contracts, or contracts entered into, by the State Board of 
25Elections or the State Electoral Board for hearing officers 
26appointed pursuant to the Election Code. 
 
 
HB3197- 55 -LRB103 26878 RLC 53242 b


1 (l) This Code does not apply to the processes used by the 
2Illinois Student Assistance Commission to procure supplies and 
3services paid for from the private funds of the Illinois 
4Prepaid Tuition Fund. As used in this subsection (l), "private 
5funds" means funds derived from deposits paid into the 
6Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
7 (m) This Code shall apply regardless of the source of 
8funds with which contracts are paid, including federal 
9assistance moneys. Except as specifically provided in this 
10Code, this Code shall not apply to procurement expenditures 
11necessary for the Department of Public Health to conduct the 
12Healthy Illinois Survey in accordance with Section 2310-431 of 
13the Department of Public Health Powers and Duties Law of the 
14Civil Administrative Code of Illinois. 
15(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
16101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff 
171-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, 
18eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
19102-1116, eff. 1-10-23.)


20 Section 26. The Intergovernmental Drug Laws Enforcement 
21Act is amended by changing Section 3 as follows:




22 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)



23 Sec. 3. 
A Metropolitan Enforcement Group which meets the 
24minimum
criteria established in this Section is eligible to 
 
 
HB3197- 56 -LRB103 26878 RLC 53242 b


1receive State grants
to help defray the costs of operation. To 
2be eligible a MEG must:

3  (1) Be established and operating pursuant to 
4 intergovernmental
contracts written and executed in 
5 conformity with the Intergovernmental
Cooperation Act, and 
6 involve 2 or more units of local government.

7  (2) Establish a MEG Policy Board composed of an 
8 elected official, or
his designee, and the chief law 
9 enforcement officer, or his designee,
from each 
10 participating unit of local government to oversee the

11 operations of the MEG and make such reports to the 
12 Illinois State
Police as the Illinois State
Police may 
13 require.

14  (3) Designate a single appropriate elected official of 
15 a
participating unit of local government to act as the 
16 financial officer
of the MEG for all participating units 
17 of local government and to
receive funds for the operation 
18 of the MEG.

19  (4) Limit its operations to enforcement of drug laws; 
20 enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, 
21 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, 
22 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
23 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code 
24 of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners 
25 Identification Card Act; and the investigation of 
26 streetgang related offenses.

 
 
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1  (5) Cooperate with the Illinois State Police in order 
2 to
assure compliance with this Act and to enable the 
3 Illinois State
Police to fulfill
its duties under this 
4 Act, and supply the Illinois State
Police with all

5 information the Illinois State
Police deems necessary 
6 therefor.

7  (6) Receive funding of at least 50% of the total 
8 operating budget of
the MEG from the participating units 
9 of local government.

10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
11102-813, eff. 5-13-22.)


12 Section 30. The Peace Officer Firearm Training Act is 
13amended by changing Section 1 as follows:



14 (50 ILCS 710/1) (from Ch. 85, par. 515)



15 Sec. 1. Definitions. As used in this Act: 
16 (a) "Peace officer"
means (i) any person who by virtue of 
17his office or public employment is
vested by law with a primary 
18duty to maintain public order or to make
arrests for offenses, 
19whether that duty extends to all offenses or is
limited to 
20specific offenses, and who is employed in such capacity by any

21county or municipality or (ii) any retired law enforcement 
22officers qualified under federal law to carry a concealed 
23weapon. 
24 (a-5) "Probation officer" means a county probation officer 
 
 
HB3197- 58 -LRB103 26878 RLC 53242 b


1authorized by the Chief Judge of the Circuit Court to carry a 
2firearm as part of his or her duties under Section 12 of the 
3Probation and Probation Officers Act and Section 24-2 of the 
4Criminal Code of 2012. 
5 (b)
"Firearms" means any weapon or device defined as a 
6firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
7"An Act relating to the acquisition, possession and transfer 
8of
firearms and firearm ammunition, to provide a penalty for 
9the violation
thereof and to make an appropriation in 
10connection therewith", approved
August 3, 1967, as amended.

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



12 Section 35. The School Code is amended by changing 
13Sections 10-22.6, 10-27.1A and 34-8.05 as follows:



14 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)


15 (Text of Section before amendment by P.A. 102-466)

16 Sec. 10-22.6. Suspension or expulsion of pupils; school 
17searches. 

18 (a) To expel pupils guilty of gross disobedience or 
19misconduct, including gross disobedience or misconduct 
20perpetuated by electronic means, pursuant to subsection (b-20) 
21of this Section, and
no action shall lie against them for such 
22expulsion. Expulsion shall
take place only after the parents 
23have been requested to appear at a
meeting of the board, or 
24with a hearing officer appointed by it, to
discuss their 
 
 
HB3197- 59 -LRB103 26878 RLC 53242 b


1child's behavior. Such request shall be made by registered
or 
2certified mail and shall state the time, place and purpose of 
3the
meeting. The board, or a hearing officer appointed by it, 
4at such
meeting shall state the reasons for dismissal and the 
5date on which the
expulsion is to become effective. If a 
6hearing officer is appointed by
the board, he shall report to 
7the board a written summary of the evidence
heard at the 
8meeting and the board may take such action thereon as it
finds 
9appropriate. If the board acts to expel a pupil, the written 
10expulsion decision shall detail the specific reasons why 
11removing the pupil from the learning environment is in the 
12best interest of the school. The expulsion decision shall also 
13include a rationale as to the specific duration of the 
14expulsion. An expelled pupil may be immediately transferred to 
15an alternative program in the manner provided in Article 13A 
16or 13B of this Code. A pupil must not be denied transfer 
17because of the expulsion, except in cases in which such 
18transfer is deemed to cause a threat to the safety of students 
19or staff in the alternative program.

20 (b) To suspend or by policy to authorize the 
21superintendent of
the district or the principal, assistant 
22principal, or dean of students
of any school to suspend pupils 
23guilty of gross disobedience or misconduct, or
to suspend 
24pupils guilty of gross disobedience or misconduct on the 
25school bus
from riding the school bus, pursuant to subsections 
26(b-15) and (b-20) of this Section, and no action
shall lie 
 
 
HB3197- 60 -LRB103 26878 RLC 53242 b


1against them for such suspension. The board may by policy

2authorize the superintendent of the district or the principal, 
3assistant
principal, or dean of students of any
school to 
4suspend pupils guilty of such acts for a period not to exceed

510 school days. If a pupil is suspended due to gross 
6disobedience or misconduct
on a school bus, the board may 
7suspend the pupil in excess of 10
school
days for safety 
8reasons. 
9 Any suspension shall be reported immediately to the

10parents or guardian of a pupil along with a full statement of 
11the
reasons for such suspension and a notice of their right to 
12a review. The school board must be given a summary of the 
13notice, including the reason for the suspension and the 
14suspension length. Upon request of the
parents or guardian, 
15the school board or a hearing officer appointed by
it shall 
16review such action of the superintendent or principal, 
17assistant
principal, or dean of students. At such
review, the 
18parents or guardian of the pupil may appear and discuss the

19suspension with the board or its hearing officer. If a hearing 
20officer
is appointed by the board, he shall report to the board 
21a written summary
of the evidence heard at the meeting. After 
22its hearing or upon receipt
of the written report of its 
23hearing officer, the board may take such
action as it finds 
24appropriate. If a student is suspended pursuant to this 
25subsection (b), the board shall, in the written suspension 
26decision, detail the specific act of gross disobedience or 
 
 
HB3197- 61 -LRB103 26878 RLC 53242 b


1misconduct resulting in the decision to suspend. The 
2suspension decision shall also include a rationale as to the 
3specific duration of the suspension. A pupil who is suspended 
4in excess of 20 school days may be immediately transferred to 
5an alternative program in the manner provided in Article 13A 
6or 13B of this Code. A pupil must not be denied transfer 
7because of the suspension, except in cases in which such 
8transfer is deemed to cause a threat to the safety of students 
9or staff in the alternative program.

10 (b-5) Among the many possible disciplinary interventions 
11and consequences available to school officials, school 
12exclusions, such as out-of-school suspensions and expulsions, 
13are the most serious. School officials shall limit the number 
14and duration of expulsions and suspensions to the greatest 
15extent practicable, and it is recommended that they use them 
16only for legitimate educational purposes. To ensure that 
17students are not excluded from school unnecessarily, it is 
18recommended that school officials consider forms of 
19non-exclusionary discipline prior to using out-of-school 
20suspensions or expulsions.
21 (b-10) Unless otherwise required by federal law or this 
22Code, school boards may not institute zero-tolerance policies 
23by which school administrators are required to suspend or 
24expel students for particular behaviors.
25 (b-15) Out-of-school suspensions of 3 days or less may be 
26used only if the student's continuing presence in school would 
 
 
HB3197- 62 -LRB103 26878 RLC 53242 b


1pose a threat to school safety or a disruption to other 
2students' learning opportunities. For purposes of this 
3subsection (b-15), "threat to school safety or a disruption to 
4other students' learning opportunities" shall be determined on 
5a case-by-case basis by the school board or its designee. 
6School officials shall make all reasonable efforts to resolve 
7such threats, address such disruptions, and minimize the 
8length of suspensions to the greatest extent practicable.
9 (b-20) Unless otherwise required by this Code, 
10out-of-school suspensions of longer than 3 days, expulsions, 
11and disciplinary removals to alternative schools may be used 
12only if other appropriate and available behavioral and 
13disciplinary interventions have been exhausted and the 
14student's continuing presence in school would either (i) pose 
15a
threat to the safety of other students, staff, or members of

16the school community or (ii) substantially disrupt, impede, or

17interfere with the operation of the school. For purposes of 
18this subsection (b-20), "threat to the safety of other 
19students, staff, or members of the school community" and 
20"substantially disrupt, impede, or interfere with the 
21operation of the school" shall be determined on a case-by-case 
22basis by school officials. For purposes of this subsection 
23(b-20), the determination of whether "appropriate and 
24available behavioral and disciplinary interventions have been 
25exhausted" shall be made by school officials. School officials 
26shall make all reasonable efforts to resolve such threats, 
 
 
HB3197- 63 -LRB103 26878 RLC 53242 b


1address such disruptions, and minimize the length of student 
2exclusions to the greatest extent practicable. Within the 
3suspension decision described in subsection (b) of this 
4Section or the expulsion decision described in subsection (a) 
5of this Section, it shall be documented whether other 
6interventions were attempted or whether it was determined that 
7there were no other appropriate and available interventions.
8 (b-25) Students who are suspended out-of-school for longer 
9than 4 school days shall be provided appropriate and available 
10support services during the period of their suspension. For 
11purposes of this subsection (b-25), "appropriate and available 
12support services" shall be determined by school authorities. 
13Within the suspension decision described in subsection (b) of 
14this Section, it shall be documented whether such services are 
15to be provided or whether it was determined that there are no 
16such appropriate and available services.
17 A school district may refer students who are expelled to 
18appropriate and available support services.
19 A school district shall create a policy to facilitate the 
20re-engagement of students who are suspended out-of-school, 
21expelled, or returning from an alternative school setting.
22 (b-30) A school district shall create a policy by which 
23suspended pupils, including those pupils suspended from the 
24school bus who do not have alternate transportation to school, 
25shall have the opportunity to make up work for equivalent 
26academic credit. It shall be the responsibility of a pupil's 
 
 
HB3197- 64 -LRB103 26878 RLC 53242 b


1parent or guardian to notify school officials that a pupil 
2suspended from the school bus does not have alternate 
3transportation to school. 
4 (c) A school board must invite a representative from a 
5local mental health agency to consult with the board at the 
6meeting whenever there is evidence that mental illness may be 
7the cause of a student's expulsion or suspension.

8 (c-5) School districts shall make reasonable efforts to 
9provide ongoing professional development to teachers, 
10administrators, school board members, school resource 
11officers, and staff on the adverse consequences of school 
12exclusion and justice-system involvement, effective classroom 
13management strategies, culturally responsive discipline, the 
14appropriate and available supportive services for the 
15promotion of student attendance and engagement, and 
16developmentally appropriate disciplinary methods that promote 
17positive and healthy school climates. 
18 (d) The board may expel a student for a definite period of 
19time not to
exceed 2 calendar years, as determined on a 
20case-by-case basis.
A student who
is determined to have 
21brought one of the following objects to school, any 
22school-sponsored activity
or event, or any activity or event 
23that bears a reasonable relationship to school shall be 
24expelled for a period of not less than
one year:
25  (1) A firearm. For the purposes of this Section, 
26 "firearm" means any gun, rifle, shotgun, weapon as defined 
 
 
HB3197- 65 -LRB103 26878 RLC 53242 b


1 by Section 921 of Title 18 of the United States Code, 
2 firearm as defined in Section 2-7.5 1.1 of the Firearm 
3 Owners Identification Card Act, or firearm as defined in 
4 Section 24-1 of the Criminal Code of 2012. The expulsion 
5 period under this subdivision (1) may be modified by the 
6 superintendent, and the superintendent's determination may 
7 be modified by the board on a case-by-case basis.
8  (2) A knife, brass knuckles or other knuckle weapon 
9 regardless of its composition, a billy club, or any other 
10 object if used or attempted to be used to cause bodily 
11 harm, including "look alikes" of any firearm as defined in 
12 subdivision (1) of this subsection (d). The expulsion 
13 requirement under this subdivision (2) may be modified by 
14 the superintendent, and the superintendent's determination 
15 may be modified by the board on a case-by-case basis. 
16Expulsion
or suspension
shall be construed in a
manner 
17consistent with the federal Individuals with Disabilities 
18Education
Act. A student who is subject to suspension or 
19expulsion as provided in this
Section may be eligible for a 
20transfer to an alternative school program in
accordance with 
21Article 13A of the School Code.

22 (d-5) The board may suspend or by regulation
authorize the 
23superintendent of the district or the principal, assistant

24principal, or dean of students of any
school to suspend a 
25student for a period not to exceed
10 school days or may expel 
26a student for a definite period of time not to
exceed 2 
 
 
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1calendar years, as determined on a case-by-case basis, if (i) 
2that student has been determined to have made an explicit 
3threat on an Internet website against a school employee, a 
4student, or any school-related personnel, (ii) the Internet 
5website through which the threat was made is a site that was 
6accessible within the school at the time the threat was made or 
7was available to third parties who worked or studied within 
8the school grounds at the time the threat was made, and (iii) 
9the threat could be reasonably interpreted as threatening to 
10the safety and security of the threatened individual because 
11of his or her duties or employment status or status as a 
12student inside the school.

13 (e) To maintain order and security in the schools, school 
14authorities may
inspect and search places and areas such as 
15lockers, desks, parking lots, and
other school property and 
16equipment owned or controlled by the school, as well
as 
17personal effects left in those places and areas by students, 
18without notice
to or the consent of the student, and without a 
19search warrant. As a matter of
public policy, the General 
20Assembly finds that students have no reasonable
expectation of 
21privacy in these places and areas or in their personal effects

22left in these places and areas. School authorities may request 
23the assistance
of law enforcement officials for the purpose of 
24conducting inspections and
searches of lockers, desks, parking 
25lots, and other school property and
equipment owned or 
26controlled by the school for illegal drugs, weapons, or
other

 
 
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1illegal or dangerous substances or materials, including 
2searches conducted
through the use of specially trained dogs. 
3If a search conducted in accordance
with this Section produces 
4evidence that the student has violated or is
violating either 
5the law, local ordinance, or the school's policies or rules,

6such evidence may be seized by school authorities, and 
7disciplinary action may
be taken. School authorities may also 
8turn over such evidence to law
enforcement authorities.

9 (f) Suspension or expulsion may include suspension or 
10expulsion from
school and all school activities and a 
11prohibition from being present on school
grounds.

12 (g) A school district may adopt a policy providing that if 
13a student
is suspended or expelled for any reason from any 
14public or private school
in this or any other state, the 
15student must complete the entire term of
the suspension or 
16expulsion in an alternative school program under Article 13A 
17of this Code or an alternative learning opportunities program 
18under Article 13B of this Code before being admitted into the 
19school
district if there is no threat to the safety of students 
20or staff in the alternative program.

21 (h) School officials shall not advise or encourage 
22students to drop out voluntarily due to behavioral or academic 
23difficulties.
24 (i) A student may not be issued a monetary fine or fee as a 
25disciplinary consequence, though this shall not preclude 
26requiring a student to provide restitution for lost, stolen, 
 
 
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1or damaged property.
2 (j) Subsections (a) through (i) of this Section shall 
3apply to elementary and secondary schools, charter schools, 
4special charter districts, and school districts organized 
5under Article 34 of this Code. 
6 (k) The expulsion of children enrolled in programs funded 
7under Section 1C-2 of this Code is subject to the requirements 
8under paragraph (7) of subsection (a) of Section 2-3.71 of 
9this Code.
10 (l) Beginning with the 2018-2019 school year, an in-school 
11suspension program provided by a school district for any 
12students in kindergarten through grade 12 may focus on 
13promoting non-violent conflict resolution and positive 
14interaction with other students and school personnel. A school 
15district may employ a school social worker or a licensed 
16mental health professional to oversee an in-school suspension 
17program in kindergarten through grade 12. 
18(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
19102-813, eff. 5-13-22.)

20 (Text of Section after amendment by P.A. 102-466)

21 Sec. 10-22.6. Suspension or expulsion of pupils; school 
22searches. 

23 (a) To expel pupils guilty of gross disobedience or 
24misconduct, including gross disobedience or misconduct 
25perpetuated by electronic means, pursuant to subsection (b-20) 
 
 
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1of this Section, and
no action shall lie against them for such 
2expulsion. Expulsion shall
take place only after the parents 
3or guardians have been requested to appear at a
meeting of the 
4board, or with a hearing officer appointed by it, to
discuss 
5their child's behavior. Such request shall be made by 
6registered
or certified mail and shall state the time, place 
7and purpose of the
meeting. The board, or a hearing officer 
8appointed by it, at such
meeting shall state the reasons for 
9dismissal and the date on which the
expulsion is to become 
10effective. If a hearing officer is appointed by
the board, he 
11shall report to the board a written summary of the evidence

12heard at the meeting and the board may take such action thereon 
13as it
finds appropriate. If the board acts to expel a pupil, 
14the written expulsion decision shall detail the specific 
15reasons why removing the pupil from the learning environment 
16is in the best interest of the school. The expulsion decision 
17shall also include a rationale as to the specific duration of 
18the expulsion. An expelled pupil may be immediately 
19transferred to an alternative program in the manner provided 
20in Article 13A or 13B of this Code. A pupil must not be denied 
21transfer because of the expulsion, except in cases in which 
22such transfer is deemed to cause a threat to the safety of 
23students or staff in the alternative program.

24 (b) To suspend or by policy to authorize the 
25superintendent of
the district or the principal, assistant 
26principal, or dean of students
of any school to suspend pupils 
 
 
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1guilty of gross disobedience or misconduct, or
to suspend 
2pupils guilty of gross disobedience or misconduct on the 
3school bus
from riding the school bus, pursuant to subsections 
4(b-15) and (b-20) of this Section, and no action
shall lie 
5against them for such suspension. The board may by policy

6authorize the superintendent of the district or the principal, 
7assistant
principal, or dean of students of any
school to 
8suspend pupils guilty of such acts for a period not to exceed

910 school days. If a pupil is suspended due to gross 
10disobedience or misconduct
on a school bus, the board may 
11suspend the pupil in excess of 10
school
days for safety 
12reasons. 
13 Any suspension shall be reported immediately to the

14parents or guardians of a pupil along with a full statement of 
15the
reasons for such suspension and a notice of their right to 
16a review. The school board must be given a summary of the 
17notice, including the reason for the suspension and the 
18suspension length. Upon request of the
parents or guardians, 
19the school board or a hearing officer appointed by
it shall 
20review such action of the superintendent or principal, 
21assistant
principal, or dean of students. At such
review, the 
22parents or guardians of the pupil may appear and discuss the

23suspension with the board or its hearing officer. If a hearing 
24officer
is appointed by the board, he shall report to the board 
25a written summary
of the evidence heard at the meeting. After 
26its hearing or upon receipt
of the written report of its 
 
 
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1hearing officer, the board may take such
action as it finds 
2appropriate. If a student is suspended pursuant to this 
3subsection (b), the board shall, in the written suspension 
4decision, detail the specific act of gross disobedience or 
5misconduct resulting in the decision to suspend. The 
6suspension decision shall also include a rationale as to the 
7specific duration of the suspension. A pupil who is suspended 
8in excess of 20 school days may be immediately transferred to 
9an alternative program in the manner provided in Article 13A 
10or 13B of this Code. A pupil must not be denied transfer 
11because of the suspension, except in cases in which such 
12transfer is deemed to cause a threat to the safety of students 
13or staff in the alternative program.

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

20the school community or (ii) substantially disrupt, impede, or

21interfere with the operation of the school. For purposes of 
22this subsection (b-20), "threat to the safety of other 
23students, staff, or members of the school community" and 
24"substantially disrupt, impede, or interfere with the 
25operation of the school" shall be determined on a case-by-case 
26basis by school officials. For purposes of this subsection 
 
 
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1(b-20), the determination of whether "appropriate and 
2available behavioral and disciplinary interventions have been 
3exhausted" shall be made by school officials. School officials 
4shall make all reasonable efforts to resolve such threats, 
5address such disruptions, and minimize the length of student 
6exclusions to the greatest extent practicable. Within the 
7suspension decision described in subsection (b) of this 
8Section or the expulsion decision described in subsection (a) 
9of this Section, it shall be documented whether other 
10interventions were attempted or whether it was determined that 
11there were no other appropriate and available interventions.
12 (b-25) Students who are suspended out-of-school for longer 
13than 4 school days shall be provided appropriate and available 
14support services during the period of their suspension. For 
15purposes of this subsection (b-25), "appropriate and available 
16support services" shall be determined by school authorities. 
17Within the suspension decision described in subsection (b) of 
18this Section, it shall be documented whether such services are 
19to be provided or whether it was determined that there are no 
20such appropriate and available services.
21 A school district may refer students who are expelled to 
22appropriate and available support services.
23 A school district shall create a policy to facilitate the 
24re-engagement of students who are suspended out-of-school, 
25expelled, or returning from an alternative school setting.
26 (b-30) A school district shall create a policy by which 
 
 
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1suspended pupils, including those pupils suspended from the 
2school bus who do not have alternate transportation to school, 
3shall have the opportunity to make up work for equivalent 
4academic credit. It shall be the responsibility of a pupil's 
5parents or guardians to notify school officials that a pupil 
6suspended from the school bus does not have alternate 
7transportation to school. 
8 (b-35) In all suspension review hearings conducted
under 
9subsection (b) or expulsion hearings conducted
under 
10subsection (a), a student may disclose any factor to be 
11considered in mitigation, including his or her status as
a 
12parent, expectant parent, or victim of domestic or sexual 
13violence, as defined in Article 26A. A representative of the

14parent's or guardian's choice, or of the student's choice if 
15emancipated, must be permitted to represent
the student 
16throughout the proceedings and to address the school board or 
17its appointed hearing officer. With the
approval of the 
18student's parent or guardian, or of the student if 
19emancipated, a support person
must be permitted to accompany 
20the student to any disciplinary
hearings or proceedings. The 
21representative or support person must comply with any rules of 
22the school district's hearing process. If the representative 
23or support person violates the rules or engages in behavior or 
24advocacy that harasses, abuses, or intimidates either party, a 
25witness, or anyone else in attendance at the hearing, the 
26representative or support person may be prohibited from 
 
 
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1further participation in the hearing or proceeding. A 
2suspension or expulsion proceeding
under this subsection 
3(b-35) must be conducted independently
from any ongoing 
4criminal investigation or proceeding, and an absence of 
5pending or possible criminal charges, criminal investigations, 
6or proceedings may not be a factor in school
disciplinary 
7decisions.
8 (b-40) During a suspension review hearing conducted
under 
9subsection (b) or an expulsion hearing conducted
under 
10subsection (a) that involves allegations of sexual
violence by 
11the student who is subject to discipline, neither
the student 
12nor his or her representative shall directly
question nor have 
13direct contact with the alleged victim. The
student who is 
14subject to discipline or his or her
representative may, at the 
15discretion and direction of the
school board or its appointed 
16hearing officer, suggest
questions to be posed by the school 
17board or its appointed
hearing officer to the alleged victim. 
18 (c) A school board must invite a representative from a 
19local mental health agency to consult with the board at the 
20meeting whenever there is evidence that mental illness may be 
21the cause of a student's expulsion or suspension.

22 (c-5) School districts shall make reasonable efforts to 
23provide ongoing professional development to teachers, 
24administrators, school board members, school resource 
25officers, and staff on the adverse consequences of school 
26exclusion and justice-system involvement, effective classroom 
 
 
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1management strategies, culturally responsive discipline, the 
2appropriate and available supportive services for the 
3promotion of student attendance and engagement, and 
4developmentally appropriate disciplinary methods that promote 
5positive and healthy school climates. 
6 (d) The board may expel a student for a definite period of 
7time not to
exceed 2 calendar years, as determined on a 
8case-by-case basis.
A student who
is determined to have 
9brought one of the following objects to school, any 
10school-sponsored activity
or event, or any activity or event 
11that bears a reasonable relationship to school shall be 
12expelled for a period of not less than
one year:
13  (1) A firearm. For the purposes of this Section, 
14 "firearm" means any gun, rifle, shotgun, weapon as defined 
15 by Section 921 of Title 18 of the United States Code, 
16 firearm as defined in Section 2-7.5 1.1 of the Firearm 
17 Owners Identification Card Act, or firearm as defined in 
18 Section 24-1 of the Criminal Code of 2012. The expulsion 
19 period under this subdivision (1) may be modified by the 
20 superintendent, and the superintendent's determination may 
21 be modified by the board on a case-by-case basis.
22  (2) A knife, brass knuckles or other knuckle weapon 
23 regardless of its composition, a billy club, or any other 
24 object if used or attempted to be used to cause bodily 
25 harm, including "look alikes" of any firearm as defined in 
26 subdivision (1) of this subsection (d). The expulsion 
 
 
HB3197- 77 -LRB103 26878 RLC 53242 b


1 requirement under this subdivision (2) may be modified by 
2 the superintendent, and the superintendent's determination 
3 may be modified by the board on a case-by-case basis. 
4Expulsion
or suspension
shall be construed in a
manner 
5consistent with the federal Individuals with Disabilities 
6Education
Act. A student who is subject to suspension or 
7expulsion as provided in this
Section may be eligible for a 
8transfer to an alternative school program in
accordance with 
9Article 13A of the School Code.

10 (d-5) The board may suspend or by regulation
authorize the 
11superintendent of the district or the principal, assistant

12principal, or dean of students of any
school to suspend a 
13student for a period not to exceed
10 school days or may expel 
14a student for a definite period of time not to
exceed 2 
15calendar years, as determined on a case-by-case basis, if (i) 
16that student has been determined to have made an explicit 
17threat on an Internet website against a school employee, a 
18student, or any school-related personnel, (ii) the Internet 
19website through which the threat was made is a site that was 
20accessible within the school at the time the threat was made or 
21was available to third parties who worked or studied within 
22the school grounds at the time the threat was made, and (iii) 
23the threat could be reasonably interpreted as threatening to 
24the safety and security of the threatened individual because 
25of his or her duties or employment status or status as a 
26student inside the school.

 
 
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1 (e) To maintain order and security in the schools, school 
2authorities may
inspect and search places and areas such as 
3lockers, desks, parking lots, and
other school property and 
4equipment owned or controlled by the school, as well
as 
5personal effects left in those places and areas by students, 
6without notice
to or the consent of the student, and without a 
7search warrant. As a matter of
public policy, the General 
8Assembly finds that students have no reasonable
expectation of 
9privacy in these places and areas or in their personal effects

10left in these places and areas. School authorities may request 
11the assistance
of law enforcement officials for the purpose of 
12conducting inspections and
searches of lockers, desks, parking 
13lots, and other school property and
equipment owned or 
14controlled by the school for illegal drugs, weapons, or
other

15illegal or dangerous substances or materials, including 
16searches conducted
through the use of specially trained dogs. 
17If a search conducted in accordance
with this Section produces 
18evidence that the student has violated or is
violating either 
19the law, local ordinance, or the school's policies or rules,

20such evidence may be seized by school authorities, and 
21disciplinary action may
be taken. School authorities may also 
22turn over such evidence to law
enforcement authorities.

23 (f) Suspension or expulsion may include suspension or 
24expulsion from
school and all school activities and a 
25prohibition from being present on school
grounds.

26 (g) A school district may adopt a policy providing that if 
 
 
HB3197- 79 -LRB103 26878 RLC 53242 b


1a student
is suspended or expelled for any reason from any 
2public or private school
in this or any other state, the 
3student must complete the entire term of
the suspension or 
4expulsion in an alternative school program under Article 13A 
5of this Code or an alternative learning opportunities program 
6under Article 13B of this Code before being admitted into the 
7school
district if there is no threat to the safety of students 
8or staff in the alternative program. A school district that 
9adopts a policy under this subsection (g) must include a 
10provision allowing for consideration of any mitigating 
11factors, including, but not limited to, a student's status as 
12a parent, expectant parent, or victim of domestic or sexual 
13violence, as defined in Article 26A. 

14 (h) School officials shall not advise or encourage 
15students to drop out voluntarily due to behavioral or academic 
16difficulties.
17 (i) A student may not be issued a monetary fine or fee as a 
18disciplinary consequence, though this shall not preclude 
19requiring a student to provide restitution for lost, stolen, 
20or damaged property.
21 (j) Subsections (a) through (i) of this Section shall 
22apply to elementary and secondary schools, charter schools, 
23special charter districts, and school districts organized 
24under Article 34 of this Code. 
25 (k) The expulsion of children enrolled in programs funded 
26under Section 1C-2 of this Code is subject to the requirements 
 
 
HB3197- 80 -LRB103 26878 RLC 53242 b


1under paragraph (7) of subsection (a) of Section 2-3.71 of 
2this Code.
3 (l) Beginning with the 2018-2019 school year, an in-school 
4suspension program provided by a school district for any 
5students in kindergarten through grade 12 may focus on 
6promoting non-violent conflict resolution and positive 
7interaction with other students and school personnel. A school 
8district may employ a school social worker or a licensed 
9mental health professional to oversee an in-school suspension 
10program in kindergarten through grade 12. 
11(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
12102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)




13 (105 ILCS 5/10-27.1A)



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

15 (a) All school officials, including teachers, school 
16counselors, and
support staff, shall immediately notify the 
17office of the principal in the
event that they observe any 
18person in possession of a firearm on school
grounds; provided 
19that taking such immediate action to notify the office of the

20principal would not immediately endanger the health, safety, 
21or welfare of
students who are under the direct supervision of 
22the school official or the
school official. If the health, 
23safety, or welfare of students under the
direct supervision of 
24the school official or of the school official is
immediately 
25endangered, the school official shall notify the office of the

 
 
HB3197- 81 -LRB103 26878 RLC 53242 b


1principal as soon as the students under his or her supervision 
2and he or she
are no longer under immediate danger. A report is 
3not required by this Section
when the school official knows 
4that the person in possession of the firearm is
a law 
5enforcement official engaged in the conduct of his or her 
6official
duties. Any school official acting in good faith who 
7makes such a report under
this Section shall have immunity 
8from any civil or criminal liability that
might otherwise be 
9incurred as a result of making the report. The identity of
the 
10school official making such report shall not be disclosed 
11except as
expressly and specifically authorized by law. 
12Knowingly and willfully failing
to comply with this Section is 
13a petty offense. A second or subsequent offense
is a Class C 
14misdemeanor.

15 (b) Upon receiving a report from any school official 
16pursuant to this
Section, or from any other person, the 
17principal or his or her designee shall
immediately notify a 
18local law enforcement agency. If the person found to be
in 
19possession of a firearm on school grounds is a student, the 
20principal or
his or her designee shall also immediately notify 
21that student's parent or
guardian. Any principal or his or her 
22designee acting in good faith who makes
such reports under 
23this Section shall have immunity from any civil or criminal

24liability that might otherwise be incurred or imposed as a 
25result of making
the reports. Knowingly and willfully failing 
26to comply with this Section is a
petty offense. A second or 
 
 
HB3197- 82 -LRB103 26878 RLC 53242 b


1subsequent offense is a Class C misdemeanor. If
the person 
2found to be in possession of the firearm on school grounds is a

3minor, the law enforcement agency shall detain that minor 
4until such time as
the agency makes a determination pursuant 
5to clause (a) of subsection (1) of
Section 5-401 of the 
6Juvenile Court Act of 1987, as to whether the agency

7reasonably believes that the minor is delinquent. If the law 
8enforcement
agency determines that probable cause exists to 
9believe that the minor
committed a violation of item (4) of 
10subsection (a) of Section 24-1 of the
Criminal Code of 2012 
11while on school grounds, the agency shall detain the
minor for 
12processing pursuant to Section 5-407 of the Juvenile Court Act 
13of
1987.

14 (c) On or after January 1, 1997, upon receipt of any 
15written,
electronic, or verbal report from any school 
16personnel regarding a verified
incident involving a firearm in 
17a school or on school owned or leased property,
including any 
18conveyance owned,
leased, or used by the school for the 
19transport of students or school
personnel, the superintendent 
20or his or her designee shall report all such
firearm-related 
21incidents occurring in a school or on school property to the

22local law enforcement authorities immediately and to the 
23Illinois State Police in a form, manner, and frequency as 
24prescribed by the Illinois State Police.

25 The State Board of Education shall receive an annual 
26statistical compilation
and related data associated with 
 
 
HB3197- 83 -LRB103 26878 RLC 53242 b


1incidents involving firearms in schools from
the Illinois 
2State Police. The State Board of Education shall compile
this 
3information by school district and make it available to the 
4public.

5 (d) As used in this Section, the term "firearm" shall have 
6the meaning
ascribed to it in Section 2-7.5 of the Criminal 
7Code of 2012 1.1 of the Firearm Owners Identification Card 
8Act.

9 As used in this Section, the term "school" means any 
10public or private
elementary or secondary school.

11 As used in this Section, the term "school grounds" 
12includes the real property
comprising any school, any 
13conveyance owned, leased, or contracted by a school
to 
14transport students to or from school or a school-related 
15activity, or any
public way within 1,000 feet of the real 
16property comprising any school.

17(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
18102-813, eff. 5-13-22.)





19 (105 ILCS 5/34-8.05)



20 Sec. 34-8.05. Reporting firearms in schools. On or after 
21January 1,
1997,
upon receipt of any written,
electronic, or 
22verbal report from any school personnel regarding a verified

23incident involving a firearm in a school or on school owned or 
24leased property,
including any conveyance owned,
leased, or 
25used by the school for the transport of students or school

 
 
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1personnel, the general superintendent or his or her designee 
2shall report all
such
firearm-related incidents occurring in a 
3school or on school property to the
local law enforcement 
4authorities no later than 24 hours after the occurrence
of the 
5incident and to the Illinois State Police in a form, manner, 
6and
frequency as prescribed by the Illinois State Police.

7 The State Board of Education shall receive an annual 
8statistical compilation
and related data associated with 
9incidents involving firearms in schools from
the Illinois 
10State Police. As used in this Section, the term "firearm"

11shall have the meaning ascribed to it in Section 2-7.5 of the 
12Criminal Code of 2012 1.1 of the Firearm Owners
Identification 
13Card Act.

14(Source: P.A. 102-538, eff. 8-20-21.)


15 Section 40. The Illinois Explosives Act is amended by 
16changing Section 2005 as follows:




17 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



18 Sec. 2005. Qualifications for licensure. 
19 (a) No person shall qualify to hold a license who:
20  (1) is under 21 years of age;
21  (2) has been convicted in any court of a crime 
22 punishable by imprisonment for a term exceeding one year;
23  (3) is under indictment for a crime punishable by 
24 imprisonment for a term exceeding one year;
 
 
HB3197- 85 -LRB103 26878 RLC 53242 b


1  (4) is a fugitive from justice;
2  (5) is an unlawful user of or addicted to any 
3 controlled substance as defined in Section 102 of the 
4 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
5 seq.);
6  (6) has been adjudicated a person with a mental 
7 disability as defined in Section 6-103.1 of the Mental 
8 Health and Developmental Disabilities Code 1.1 of the 
9 Firearm Owners Identification Card Act; or
10  (7) is not a legal citizen of the United States or 
11 lawfully admitted for permanent residence.
12 (b) A person who has been granted a "relief from 
13disabilities" regarding criminal convictions and indictments, 
14pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
15845) may receive a license provided all other qualifications 
16under this Act are met. 

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


18 Section 45. The Private Detective, Private Alarm, Private 
19Security, and
Locksmith Act of 2004 is amended by changing 
20Sections 35-30 and 35-35 as follows:



21 (225 ILCS 447/35-30)



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

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

24licensed agency, other than those exempted, shall apply for a

 
 
HB3197- 86 -LRB103 26878 RLC 53242 b


1permanent employee registration card. The holder of an agency

2license issued under this Act, known in this Section as

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

4employees under the following provisions:


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

6registration card who:

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

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

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

19  (4) Has had a license or permanent employee

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

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

 
 
HB3197- 87 -LRB103 26878 RLC 53242 b


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

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

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

8 defect and has not been restored.

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


11 (b) No person may be employed by a private
detective 
12agency, private security contractor agency, private
alarm 
13contractor agency, fingerprint vendor agency, or locksmith 
14agency under this
Section until he or she has executed and 
15furnished to the
employer, on forms furnished by the 
16Department, a verified
statement to be known as "Employee's 
17Statement" setting forth:

18  (1) The person's full name, age, and residence

19 address.

20  (2) The business or occupation engaged in for
the 5 
21 years immediately before the date of the execution of
the 
22 statement, the place where the business or occupation was

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

24  (3) That the person has not had a license or
employee 
25 registration denied, revoked, or suspended under this
Act 
26 (i) within one year before the date the person's 
 
 
HB3197- 88 -LRB103 26878 RLC 53242 b


1 application
for permanent employee registration card is 
2 received by the
Department; and (ii) that refusal, denial, 
3 suspension, or
revocation was based on any provision of 
4 this Act other than
Section 40-50,
item (6) or (8) of 
5 subsection (a) of Section 15-10, subsection (b) of Section

6 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
7 subsection (b) of
Section 20-10, item (6) or (8) of 
8 subsection (a) of Section 25-10, subsection
(b) of Section 
9 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

14  (6) Any dishonorable discharge from the armed
services 
15 of the United States.

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

18 competency, and integrity of the person executing the

19 statement.

20 (c) Each applicant for a permanent employee registration

21card shall have his or her fingerprints submitted to the

22Illinois State Police in an electronic format that
complies 
23with the form and manner for requesting and
furnishing 
24criminal history record information as prescribed
by the 
25Illinois State Police. These fingerprints shall
be checked 
26against the Illinois State Police and Federal
Bureau of 
 
 
HB3197- 89 -LRB103 26878 RLC 53242 b


1Investigation criminal history record databases now
and 
2hereafter filed. The Illinois State Police shall
charge 
3applicants a fee for conducting the criminal history
records 
4check, which shall be deposited in the State Police
Services 
5Fund and shall not exceed the actual cost of the
records check. 
6The Illinois State Police shall furnish,
pursuant to positive 
7identification, records of Illinois
convictions to the 
8Department. The Department may require
applicants to pay a 
9separate fingerprinting fee, either to the
Department or 
10directly to the vendor. The Department, in
its discretion, may 
11allow an applicant who does not have
reasonable access to a 
12designated vendor to provide his or her
fingerprints in an 
13alternative manner. The
Department, in its discretion, may 
14also use other
procedures in performing or obtaining criminal 
15background
checks of applicants. Instead of submitting his or 
16her
fingerprints, an individual may submit proof that is

17satisfactory to the Department that an equivalent security

18clearance has been conducted. Also, an individual who has

19retired as a peace officer within 12 months of application may

20submit verification, on forms provided by the Department and

21signed by his or her employer, of his or her previous full-time 
22employment as a
peace officer.

23 (d) The Department shall issue a permanent employee

24registration card, in a form the Department prescribes, to all

25qualified applicants.
The holder of a permanent employee 
26registration card shall
carry the card at all times while 
 
 
HB3197- 90 -LRB103 26878 RLC 53242 b


1actually engaged in the
performance of the duties of his or her 
2employment.
Expiration and requirements for renewal of 
3permanent employee
registration cards shall be established by 
4rule of the
Department. Possession of a permanent employee 
5registration
card does not in any way imply that the holder of 
6the card is
employed by an agency unless the permanent 
7employee
registration card is accompanied by the employee

8identification card required by subsection (f) of this

9Section.

10 (e) Each employer shall maintain a record of each
employee 
11that is accessible to the duly authorized
representatives of 
12the Department. The record shall contain
the following 
13information:

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

16 photograph shall be replaced with a current photograph 
17 every 3
calendar years.

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

20  (3) All correspondence or documents relating to the

21 character and integrity of the employee received by the

22 employer from any official source or law enforcement 
23 agency.

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

25 identification card of that person issued under subsection 
26 (f)
of this Section. Each employee record shall duly note 
 
 
HB3197- 91 -LRB103 26878 RLC 53242 b


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

21  (5) A copy of the employee's permanent employee 
22 registration card or a copy of the Department's "License 
23 Lookup" Webpage showing that the employee has been issued 
24 a valid permanent employee registration card by the 
25 Department. 

26 The Department may, by rule, prescribe further
record 
 
 
HB3197- 92 -LRB103 26878 RLC 53242 b


1requirements.

2 (f) Every employer shall furnish an employee

3identification card to each of his or her employees. This

4employee identification card shall contain a recent photograph

5of the employee, the employee's name, the name and agency

6license number of the employer, the employee's personal

7description, the signature of the employer, the signature of

8that employee, the date of issuance, and an employee

9identification card number.

10 (g) No employer may issue an employee identification
card 
11to any person who is not employed by the employer in
accordance 
12with this Section or falsely state or represent
that a person 
13is or has been in his or her employ. It is
unlawful for an 
14applicant for registered employment to file
with the 
15Department the fingerprints of a person other than
himself or 
16herself.

17 (h) Every employer shall obtain the identification card
of 
18every employee who terminates employment with him or her.

19 (i) Every employer shall maintain a separate roster of
the 
20names of all employees currently working in an armed
capacity 
21and submit the roster to the Department on request.

22 (j) No agency may employ any person to perform a
licensed 
23activity under this Act unless the person possesses a
valid 
24permanent employee registration card or a valid license
under 
25this Act, or is exempt pursuant to subsection (n).

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

 
 
HB3197- 93 -LRB103 26878 RLC 53242 b


1agency may employ a person in a temporary capacity if all of

2the following conditions are met:

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

6 receipt and fees.

7  (2) The agency has verification from the Department

8 that the applicant has no record of any criminal 
9 conviction
pursuant to the criminal history check 
10 conducted by the
Illinois State Police. The agency shall 
11 maintain the
verification of the results of the Illinois 
12 State Police
criminal history check as part of the 
13 employee record as
required under subsection (e) of this 
14 Section.

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

17 to be issued a permanent employee registration card.

18  (4) The agency maintains a separate roster of the

19 names of all employees whose applications are currently

20 pending with the Department and submits the roster to the

21 Department on a monthly basis. Rosters are to be 
22 maintained
by the agency for a period of at least 24 
23 months.

24 An agency may employ only a permanent employee applicant

25for which it either submitted a permanent employee application

26and all required forms and fees or it confirms with the

 
 
HB3197- 94 -LRB103 26878 RLC 53242 b


1Department that a permanent employee application and all

2required forms and fees have been submitted by another agency,

3licensee or the permanent employee and all other requirements

4of this Section are met.

5 The Department shall have the authority to revoke,
without 
6a hearing, the temporary authority of an individual to
work 
7upon receipt of Federal Bureau of Investigation
fingerprint 
8data or a report of another official authority
indicating a 
9criminal conviction. If the Department has not
received a 
10temporary employee's Federal Bureau of
Investigation 
11fingerprint data within 120 days of the date the
Department 
12received the Illinois State Police fingerprint
data, the 
13Department may, at its discretion, revoke the
employee's 
14temporary authority to work with 15 days written
notice to the 
15individual and the employing agency.

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

17if it knows or reasonably should have known that the person
has 
18been convicted of a crime under the laws of this State,
has 
19been convicted in another state of any crime that is a
crime 
20under the laws of this State, has been convicted of any
crime 
21in a federal court, or has been posted as an unapproved

22applicant by the Department. Notice by the Department to the

23agency, via certified mail, personal delivery, electronic

24mail, or posting on the Department's Internet site accessible

25to the agency that the person has been convicted of a crime

26shall be deemed constructive knowledge of the conviction on

 
 
HB3197- 95 -LRB103 26878 RLC 53242 b


1the part of the agency. The Department may adopt rules to

2implement this
subsection (k).

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

4capacity if:

5  (1) the person, while so employed, is being paid by

6 the United States or any political subdivision for the 
7 time so
employed in addition to any payments he or she may 
8 receive
from the employer; or

9  (2) the person wears any portion of his or her

10 official uniform, emblem of authority, or equipment while 
11 so
employed.

12 (m) If information is discovered affecting the

13registration of a person whose fingerprints were submitted

14under this Section, the Department shall so notify the agency

15that submitted the fingerprints on behalf of that person.

16 (n) Peace officers shall be exempt from the requirements

17of this Section relating to permanent employee registration

18cards. The agency shall remain responsible for any peace

19officer employed under this exemption, regardless of whether

20the peace officer is compensated as an employee or as an

21independent contractor and as further defined by rule.

22 (o) Persons who have no access to confidential or
security 
23information, who do not go to a client's or prospective 
24client's residence or place of business, and who otherwise do 
25not provide
traditional security services are exempt from 
26employee
registration. Examples of exempt employees include, 
 
 
HB3197- 96 -LRB103 26878 RLC 53242 b


1but are
not limited to, employees working in the capacity of 
2ushers,
directors, ticket takers, cashiers, drivers, and 
3reception
personnel. Confidential or security information is 
4that which
pertains to employee files, scheduling, client 
5contracts, or
technical security and alarm data.

6 (p) An applicant who is 21 years of age or older seeking a 
7religious exemption to the photograph requirement of this 
8Section shall furnish with the application an approved copy of 
9United States Department of the Treasury Internal Revenue 
10Service Form 4029. Regardless of age, an applicant seeking a 
11religious exemption to this photograph requirement shall 
12submit fingerprints in a form and manner prescribed by the 
13Department with his or her application in lieu of a 
14photograph. 
15(Source: P.A. 102-538, eff. 8-20-21.)





16 (225 ILCS 447/35-35)



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

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

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

20carrying, or possession of a firearm in the performance of

21those duties without complying with the provisions of this

22Section and having been issued a valid firearm control
card by 
23the Department.

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

25duties for which licensure or employee registration is 
 
 
HB3197- 97 -LRB103 26878 RLC 53242 b


1required and allow
that person to carry a firearm unless that 
2person has complied
with all the firearm training requirements 
3of this Section and
has been issued a firearm control card. 
4This Act
permits only the following to carry firearms while 
5actually
engaged in the performance of their duties or while 
6commuting
directly to or from their places of employment: 
7persons
licensed as private detectives and their registered 
8employees;
persons licensed as private security contractors 
9and their
registered employees; persons licensed as private 
10alarm
contractors and their registered employees; and 
11employees of a
registered armed proprietary security force.

12 (c) Possession of a valid firearm control
card
allows a 
13licensee or employee to carry a firearm not otherwise 
14prohibited
by law while the licensee or employee is engaged in 
15the performance of his
or her duties or while the licensee or 
16employee is commuting directly to
or from the licensee's or 
17employee's place or places of employment.

18 (d) The Department shall issue a firearm control
card to a 
19person who has passed an approved firearm training
course, who 
20is currently licensed or employed by an agency licensed by

21this Act and has met all the requirements of this Act, and who 
22is not prohibited under State or federal law from possessing a 
23firearm
possesses a valid firearm owner identification card.

24Application for the firearm control card shall be made
by the 
25employer to the Department on forms provided by the

26Department. The Department shall forward the card to the

 
 
HB3197- 98 -LRB103 26878 RLC 53242 b


1employer who shall be responsible for its issuance to the 
2licensee or
employee. The firearm control card shall be issued 
3by
the Department and shall identify the person holding it and

4the name of the course where the licensee or employee received 
5firearm
instruction and shall specify the type of weapon or 
6weapons
the person is authorized by the Department to carry 
7and for
which the person has been trained.

8 (e) Expiration and requirements for renewal of firearm 
9control cards shall be determined by rule.

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

11disciplinary action permitted by this Act, refuse to issue,

12suspend, or revoke a firearm control card if the
applicant or 
13holder has been convicted of any felony or crime
involving the 
14illegal use, carrying, or possession of a deadly
weapon or for 
15a violation of this Act or rules adopted promulgated
under 
16this Act. The Department shall refuse to issue or shall
revoke 
17a firearm control card if the applicant or holder is 
18prohibited under State or federal law from possessing a 
19firearm
fails to possess a valid firearm owners identification 
20card without hearing.
The Secretary shall summarily suspend a 
21firearm control
card if the Secretary finds that its continued 
22use would
constitute an imminent danger to the public. A 
23hearing shall
be held before the Board within 30 days if the 
24Secretary
summarily suspends a firearm control card.

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

26contrary, all requirements relating to firearms control
cards 
 
 
HB3197- 99 -LRB103 26878 RLC 53242 b


1do not apply to a peace officer. If an individual ceases to be 
2employed as a peace officer and continues to perform services 
3in an armed capacity under this Act that are licensed 
4activities, then the individual is required to obtain a 
5permanent employee registration card pursuant to Section 35-30 
6of this Act and must possess a valid Firearm Owner's 
7Identification Card, but is not required to obtain a firearm 
8control card if the individual is otherwise in continuing 
9compliance with the federal Law Enforcement Officers Safety 
10Act of 2004. If an individual elects to carry a firearm 
11pursuant to the federal Law Enforcement Officers Safety Act of 
122004, then the agency employing the officer is required to 
13submit a notice of that election to the Department along with a 
14fee specified by rule. 

15 (h) The Department may issue a temporary firearm control 
16card pending issuance of a new firearm control card upon an 
17agency's acquiring of an established armed account. An agency 
18that has acquired armed employees as a result of acquiring an 
19established armed account may, on forms supplied by the 
20Department, request the issuance of a temporary firearm 
21control card for each acquired employee who held a valid 
22firearm control card under his or her employment with the 
23newly acquired established armed account immediately preceding 
24the acquiring of the account and who continues to meet all of 
25the qualifications for issuance of a firearm control card set 
26forth in this Act and any rules adopted under this Act. The 
 
 
HB3197- 100 -LRB103 26878 RLC 53242 b


1Department shall, by rule, set the fee for issuance of a 
2temporary firearm control card.

3 (i) The Department shall not issue a firearm control card 
4to a licensed fingerprint vendor or a licensed locksmith or 
5employees of a licensed fingerprint vendor agency or a 
6licensed locksmith agency.

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


8 Section 50. The Mental Health and Developmental 
9Disabilities Code is amended by changing Sections 1-106, 
101-116, 6-103.1, 6-103.2, and 6-103.3 as follows:



11 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)



12 Sec. 1-106. 
"Developmental disability" means a severe, 
13chronic disability, other than mental illness, found to be 
14closely related to an intellectual disability because this 
15condition results in impairment of general intellectual 
16functioning or adaptive behavior similar to that of persons 
17with ID, and requires services similar to those required for a 
18person with an intellectual disability. In addition, a 
19developmental disability: (1) is manifested before the 
20individual reaches 22 years of age; (2) is likely to continue 
21indefinitely; (3) results in substantial functional 
22limitations in three or more of the following areas of major 
23life activity: self-care, receptive and expressive language, 
24learning, mobility, self-direction, capacity for independent 
 
 
HB3197- 101 -LRB103 26878 RLC 53242 b


1living, or economic self-sufficiency; and (4) reflects the 
2individual's need for a combination and sequence of special 
3interdisciplinary or generic services, individualized 
4supports, or other forms of assistance that are of lifelong or 
5extended duration and are individually planned and 
6coordinated. This definition does not supersede the 
7"developmental disability" definition in Section 1.1 of the 
8Firearm Owners Identification Card Act which is required to be 
9applied under that Act for the purpose of mandatory reporting.

10(Source: P.A. 102-972, eff. 1-1-23.)




11 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)



12 Sec. 1-116. Intellectual disability. "Intellectual 
13disability" means a disorder with onset during the 
14developmental period (before the individual reaches age 22), 
15that includes both intellectual and adaptive deficits in 
16conceptual, social and practical domains. The following 3 
17criteria must be met: (1) deficits in intellectual functions 
18such as reasoning, problem solving, planning, abstract 
19thinking, judgment, academic learning, and learning from 
20experience confirmed by both clinical assessment and 
21individualized, standardized intelligence testing (generally 
22indicated with an IQ score of about 70 or below), (2) deficits 
23in adaptive functioning that result in failure to meet 
24developmental and sociocultural standards for personal 
25independence and social responsibility. Without ongoing 
 
 
HB3197- 102 -LRB103 26878 RLC 53242 b


1support, the adaptive deficits limit functioning in one or 
2more activities of daily life, such as communication, social 
3participation, and independent living, across multiple 
4environments, such as home, school, work, and community, and 
5(3) onset of intellectual and adaptive deficits during the 
6developmental period. This definition does not supersede the 
7"intellectual disability" definition in Section 1.1 of the 
8Firearm Owners Identification Card Act which is required to be 
9applied under that Act for the purpose of mandatory reporting.

10(Source: P.A. 102-972, eff. 1-1-23.)


11 (405 ILCS 5/6-103.1)
12 Sec. 6-103.1. Adjudication as a person with a mental 
13disability. When a person has been adjudicated as a person 
14with a mental disability as defined in Section 1.1 of the 
15Firearm Owners Identification Card Act, including, but not 
16limited to, an adjudication as a person with a disability as 
17defined in Section 11a-2 of the Probate Act of 1975, the court 
18shall direct
the circuit court clerk to notify the
Illinois 
19State Police, Firearm Owner's Identification
(FOID) Office, in 
20a form and manner prescribed by the Illinois State Police, and 
21shall forward a copy of the court order to the Department no 
22later than 7 days after the entry of the order. Upon receipt of 
23the order, the Illinois State Police shall provide 
24notification to the National Instant Criminal Background Check 
25System. In this Section, "has been adjudicated as a mentally 
 
 
HB3197- 103 -LRB103 26878 RLC 53242 b


1disabled person" means the person is the subject of a 
2determination by a court, board, commission, or other lawful 
3authority that the person, as a result of marked subnormal 
4intelligence, or mental illness, mental impairment, 
5incompetency, condition, or disease:

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

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

 
 
HB3197- 104 -LRB103 26878 RLC 53242 b


1 Juvenile Court Act of 1987;
2  (10) is a person subject to involuntary admission on 
3 an
inpatient basis as defined in Section 1-119 of the 
4 Mental Health and Developmental Disabilities Code;
5  (11) is a person subject to involuntary admission on 
6 an
outpatient basis as defined in Section 1-119.1 of the 
7 Mental Health and Developmental Disabilities Code;
8  (12) is subject to judicial admission as set forth in

9 Section 4-500 of the Mental Health and Developmental 
10 Disabilities Code; or
11  (13) is subject to the provisions of the Interstate

12 Agreements on Sexually Dangerous Persons Act. 
13(Source: P.A. 102-538, eff. 8-20-21.)

14 (405 ILCS 5/6-103.2)
15 Sec. 6-103.2. Developmental disability; notice. If a 
16person 14 years old or older is determined to be a person with 
17a developmental disability by a physician, clinical 
18psychologist, or qualified examiner, the physician, clinical 
19psychologist, or qualified examiner shall notify the 
20Department of Human Services within 7 days of making the 
21determination that the person has a developmental disability. 
22The Department of Human Services shall immediately update its 
23records and information relating to mental health and 
24developmental disabilities, and if appropriate, shall notify 
25the Illinois State Police in a form and manner prescribed by 
 
 
HB3197- 105 -LRB103 26878 RLC 53242 b


1the Illinois State Police. Information disclosed under this 
2Section shall remain privileged and confidential, and shall 
3not be redisclosed, except as required under paragraph (2) of 
4subsection (e) of Section 24-4.5 of the Criminal Code of 2012 
5subsection (e) of Section 3.1 of the Firearm Owners 
6Identification Card Act, nor used for any other purpose. The 
7method of providing this information shall guarantee that the 
8information is not released beyond that which is necessary for 
9the purpose of this Section and shall be provided by rule by 
10the Department of Human Services. The identity of the person 
11reporting under this Section shall not be disclosed to the 
12subject of the report.
13 The physician, clinical psychologist, or qualified 
14examiner making the determination and his or her employer may 
15not be held criminally, civilly, or professionally liable for 
16making or not making the notification required under this 
17Section, except for willful or wanton misconduct.

18 In this Section, "developmentally disabled" has the 
19meaning ascribed to it in Section 12 of the Mental Health and 
20Developmental Disabilities Confidentiality Act. 
21 In For purposes of this Section, "developmental 
22disability" means a disability which is attributable to any 
23other condition which results in impairment similar to that 
24caused by an intellectual disability and which requires 
25services similar to those required by intellectually disabled 
26persons. The disability must originate before the age of 18 
 
 
HB3197- 106 -LRB103 26878 RLC 53242 b


1years, be expected to continue indefinitely, and constitute a 
2substantial disability. This disability results, in the 
3professional opinion of a physician, clinical psychologist, or 
4qualified examiner, in significant functional limitations in 3 
5or more of the following areas of major life activity:
6  (i) self-care;
7  (ii) receptive and expressive language;
8  (iii) learning;
9  (iv) mobility; or
10  (v) self-direction.
11 "Determined to be a person with a developmental disability 
12by a physician, clinical psychologist, or qualified examiner" 
13means in the professional opinion of the physician, clinical 
14psychologist, or qualified examiner, a person is diagnosed, 
15assessed, or evaluated as having a developmental disability. 
16(Source: P.A. 102-538, eff. 8-20-21.)

17 (405 ILCS 5/6-103.3)
18 Sec. 6-103.3. Clear and present danger; notice. If a 
19person is determined to pose a clear and present danger to 
20himself, herself, or to others by a physician, clinical 
21psychologist, or qualified examiner, whether employed by the 
22State, by any public or private mental health facility or part 
23thereof, or by a law enforcement official or a school 
24administrator, then the physician, clinical psychologist, 
25qualified examiner shall notify the Department of Human 
 
 
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1Services and a law enforcement official or school 
2administrator shall notify the Illinois State Police, within 
324 hours of making the determination that the person poses a 
4clear and present danger. The Department of Human Services 
5shall immediately update its records and information relating 
6to mental health and developmental disabilities, and if 
7appropriate, shall notify the Illinois State Police in a form 
8and manner prescribed by the Illinois State Police. 
9Information disclosed under this Section shall remain 
10privileged and confidential, and shall not be redisclosed, 
11except as required under paragraph (2) of subsection (e) of 
12Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
13Section 3.1 of the Firearm Owners Identification Card Act, nor 
14used for any other purpose. The method of providing this 
15information shall guarantee that the information is not 
16released beyond that which is necessary for the purpose of 
17this Section and shall be provided by rule by the Department of 
18Human Services. The identity of the person reporting under 
19this Section shall not be disclosed to the subject of the 
20report. The physician, clinical psychologist, qualified 
21examiner, law enforcement official, or school administrator 
22making the determination and his or her employer shall not be 
23held criminally, civilly, or professionally liable for making 
24or not making the notification required under this Section, 
25except for willful or wanton misconduct. This Section does not 
26apply to a law enforcement official, if making the 
 
 
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1notification under this Section will interfere with an ongoing 
2or pending criminal investigation.
3 In For the purposes of this Section:
4  "Clear and present danger" means a person who: 
5   (1) communicates a serious threat of physical

6 violence against a reasonably identifiable victim or 
7 poses a clear and imminent risk of serious physical 
8 injury to himself, herself, or another person as 
9 determined by a physician, clinical psychologist, or 
10 qualified examiner; or
11   (2) demonstrates threatening physical or verbal

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

5(Source: P.A. 102-538, eff. 8-20-21.)

6 Section 55. The Lead Poisoning Prevention Act is amended 
7by changing Section 2 as follows:



8 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


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

10 "Child care facility" means any structure used by a child 
11care
provider licensed by the Department of Children and 
12Family Services or
public or private school structure 
13frequented by children 6 years of
age or younger.

14 "Childhood Lead Risk Questionnaire" means the 
15questionnaire developed by the Department for use by 
16physicians and other health care providers to determine risk 
17factors for children 6 years of age or younger residing in 
18areas designated as low risk for lead exposure.
19 "Delegate agency" means a unit of local government or 
20health
department approved by the Department to carry out the 
21provisions of this Act.

22 "Department" means the Department of Public Health.

23 "Director" means the Director of Public Health. 

24 "Dwelling unit" means an individual unit within a 
 
 
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1residential building used as living quarters for one 
2household. 
3 "Elevated blood lead level" means a blood lead level in 
4excess of the limits established under State rules. 
5 "Exposed surface" means any interior or exterior surface 
6of
a regulated facility. 
7 "High risk area" means an area in the State determined by 
8the Department to
be high risk for lead exposure for children 6 
9years of age or younger. The
Department may consider, but is 
10not limited to, the following factors to
determine a high risk 
11area: age and condition (using Department of Housing and
Urban

12Development definitions of "slum" and "blighted") of housing, 
13proximity to
highway traffic or heavy local traffic or both, 
14percentage of housing
determined as rental or vacant, 
15proximity to industry using lead, established
incidence of 
16elevated blood lead levels in children, percentage of 
17population
living
below 200% of federal poverty guidelines, 
18and number of children residing in
the area who are 6 years of 
19age or younger.

20 "Lead abatement" means any approved work practices that 
21will permanently eliminate lead exposure or remove the 
22lead-bearing substances in a regulated facility. The 
23Department shall establish by rule which work practices are 
24approved or prohibited for lead abatement. 
25 "Lead abatement contractor" means any person or entity 
26licensed by the
Department to perform lead abatement and 
 
 
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1mitigation.

2 "Lead abatement supervisor" means any person employed by a 
3lead abatement contractor and licensed by the Department to 
4perform lead abatement and lead mitigation and to supervise 
5lead workers who perform lead abatement and lead mitigation. 
6 "Lead abatement worker" means any person employed by a 
7lead abatement
contractor and licensed by the Department to 
8perform lead abatement and
mitigation.

9 "Lead activities" means the conduct of any lead services, 
10including, lead inspection, lead risk assessment, lead 
11mitigation, or lead abatement work or supervision in a 
12regulated facility. 
13 "Lead-bearing substance" means any item containing or 
14coated with lead such that the lead content is more than 
15six-hundredths of one percent (0.06%) lead by total weight; or 
16any dust on surfaces or in
furniture or other nonpermanent 
17elements of the regulated facility; or any paint or
other 
18surface coating material containing more than five-tenths of 
19one
percent (0.5%) lead by total weight (calculated as lead 
20metal) in the total
non-volatile content of liquid paint; or 
21lead-bearing substances containing
greater than one milligram 
22per square centimeter or any lower standard for
lead content 
23in residential paint as may be established by federal law or 
24rule; or more than 1 milligram per square centimeter in the 
25dried
film of paint or previously applied substance; or item 
26or dust on item containing lead in
excess of the amount 
 
 
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1specified in the rules authorized by
this Act or a lower 
2standard for lead content as may be established by
federal law 
3or rule. "Lead-bearing substance" does not include firearm 
4ammunition or components as defined by Section 2-7.1 of the 
5Criminal Code of 2012 the Firearm Owners Identification Card 
6Act.

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

8immediate health hazard to humans.

9 "Lead hazard screen" means a lead risk assessment that 
10involves limited dust and paint sampling for lead-bearing 
11substances and lead hazards. This service is used as a 
12screening tool designed to determine if further lead 
13investigative services are required for the regulated 
14facility.
15 "Lead inspection" means a surface-by-surface investigation 
16to determine the presence of lead-based paint.
17 "Lead inspector" means an individual who has been trained 
18by a Department-approved training program and is licensed by 
19the Department to conduct lead inspections; to sample for the 
20presence of lead in paint, dust, soil, and water; and to 
21conduct compliance investigations. 
22 "Lead mitigation" means the remediation, in a
manner 
23described in Section 9, of a lead hazard so that the

24lead-bearing substance does not pose an immediate
health 
25hazard to humans. 
26 "Lead poisoning" means having an elevated blood lead 
 
 
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1level.

2 "Lead risk assessment" means an on-site investigation to 
3determine the existence, nature, severity, and location of 
4lead hazards. "Lead risk assessment" includes any lead 
5sampling and visual assessment associated with conducting a 
6lead risk assessment and lead hazard screen and all lead 
7sampling associated with compliance investigations.
8 "Lead risk assessor" means an individual who has been 
9trained by a Department-approved training program and is 
10licensed by the Department to conduct lead risk assessments, 
11lead inspections, and lead hazard screens; to sample for the 
12presence of lead in paint, dust, soil, water, and sources for 
13lead-bearing substances; and to conduct compliance 
14investigations.
15 "Lead training program provider" means any person 
16providing Department-approved lead training in Illinois to 
17individuals seeking licensure in accordance with the Act. 
18 "Low risk area" means an area in the State determined by

19the Department to be low risk for lead exposure for children 6 
20years of age or younger. The Department may consider the 
21factors named in "high risk area" to determine low
risk areas. 
22 "Owner" means any person, who alone, jointly, or severally 
23with
others:

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

25 without actual possession of the regulated facility, or

26  (b) Has charge, care, or control of the regulated 
 
 
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1 facility as owner or agent of the owner, or as executor, 
2 administrator,
trustee, or guardian of the estate of the 
3 owner.

4 "Person" means any individual, partnership, firm, company, 
5limited liability company, corporation, association, joint 
6stock company, trust, estate, political subdivision, State 
7agency, or any other legal entity, or their legal 
8representative, agent, or assign.

9 "Regulated facility" means a residential building or child 
10care facility. 
11 "Residential building" means any room, group of rooms, or 
12other
interior areas of a structure designed or used for human 
13habitation; common
areas accessible by inhabitants; and the 
14surrounding property or structures.

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



16 (430 ILCS 65/Act rep.)

17 Section 60. The Firearm Owners Identification Card Act is 
18repealed.

19 Section 65. The Firearm Concealed Carry Act is amended by 
20changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

21 (430 ILCS 66/25)

22 Sec. 25. Qualifications for a license. 
23 The Illinois State Police shall issue a license to an 
 
 
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1applicant completing an application in accordance with Section 
230 of this Act if the person:
3  (1) is at least 21 years of age;
4  (2) has a currently valid Firearm Owner's 
5 Identification Card and at the time of application meets 
6 the requirements for the issuance of a Firearm Owner's 
7 Identification Card and is not prohibited under State the 
8 Firearm Owners Identification Card Act or federal law from 
9 possessing or receiving a firearm;
10  (3) has not been convicted or found guilty in this 
11 State or in any other state of:
12   (A) a misdemeanor involving the use or threat of 
13 physical force or violence to any person within the 5 
14 years preceding the date of the license application; 
15 or
16   (B) 2 or more violations related to driving while 
17 under the influence of alcohol, other drug or drugs, 
18 intoxicating compound or compounds, or any combination 
19 thereof, within the 5 years preceding the date of the 
20 license application;
21  (4) is not the subject of a pending arrest warrant, 
22 prosecution, or proceeding for an offense or action that 
23 could lead to disqualification to own or possess a 
24 firearm;
25  (5) has not been in residential or court-ordered 
26 treatment for alcoholism, alcohol detoxification, or drug 
 
 
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1 treatment within the 5 years immediately preceding the 
2 date of the license application; and
3  (6) has completed firearms training and any education 
4 component required under Section 75 of this Act.

5(Source: P.A. 102-538, eff. 8-20-21.)

6 (430 ILCS 66/30)

7 Sec. 30. Contents of license application. 
8 (a) The license application shall be in writing, under 
9penalty of perjury, on a standard form adopted by the Illinois 
10State Police and shall be accompanied by the documentation 
11required in this Section and the applicable fee. Each 
12application form shall include the following statement printed 
13in bold type: "Warning: Entering false information on this 
14form is punishable as perjury under Section 32-2 of the 
15Criminal Code of 2012."
16 (b) The application shall contain the following:
17  (1) the applicant's name, current address, date and 
18 year of birth, place of birth, height, weight, hair color, 
19 eye color, maiden name or any other name the applicant has 
20 used or identified with, and any address where the 
21 applicant resided for more than 30 days within the 10 
22 years preceding the date of the license application;
23  (2) the applicant's valid driver's license number or 
24 valid state identification card number;
25  (3) a waiver of the applicant's privacy and 
 
 
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1 confidentiality rights and privileges under all federal 
2 and state laws, including those limiting access to 
3 juvenile court, criminal justice, psychological, or 
4 psychiatric records or records relating to any 
5 institutionalization of the applicant, and an affirmative 
6 request that a person having custody of any of these 
7 records provide it or information concerning it to the 
8 Illinois State Police. The waiver only applies to records 
9 sought in connection with determining whether the 
10 applicant qualifies for a license to carry a concealed 
11 firearm under this Act, or whether the applicant remains 
12 in compliance with the Firearm Owners Identification Card 
13 Act;
14  (4) an affirmation that the applicant is not 
15 prohibited under State or federal law from possessing or 
16 receiving a firearm possesses a currently valid Firearm 
17 Owner's Identification Card and card number if possessed 
18 or notice the applicant is applying for a Firearm Owner's 
19 Identification Card in conjunction with the license 
20 application;
21  (5) an affirmation that the applicant has not been 
22 convicted or found guilty of:
23   (A) a felony;
24   (B) a misdemeanor involving the use or threat of 
25 physical force or violence to any person within the 5 
26 years preceding the date of the application; or
 
 
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1   (C) 2 or more violations related to driving while 
2 under the influence of alcohol, other drug or drugs, 
3 intoxicating compound or compounds, or any combination 
4 thereof, within the 5 years preceding the date of the 
5 license application;
6  (6) whether the applicant has failed a drug test for a 
7 drug for which the applicant did not have a prescription, 
8 within the previous year, and if so, the provider of the 
9 test, the specific substance involved, and the date of the 
10 test;
11  (7) written consent for the Illinois State Police to 
12 review and use the applicant's Illinois digital driver's 
13 license or Illinois identification card photograph and 
14 signature;
15  (8) unless submitted under subsection (a-25) of 
16 Section 4 of the Firearm Owners Identification Card Act, a 
17 full set of fingerprints submitted to the Illinois State 
18 Police in electronic format, provided the Illinois State 
19 Police may accept an application submitted without a set 
20 of fingerprints, in which case the Illinois State Police 
21 shall be granted 30 days in addition to the 90 days 
22 provided under subsection (e) of Section 10 of this Act to 
23 issue or deny a license;
24  (9) a head and shoulder color photograph in a size 
25 specified by the Illinois State Police taken within the 30 
26 days preceding the date of the license application; and
 
 
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1  (10) a photocopy of any certificates or other evidence 
2 of compliance with the training requirements under this 
3 Act.

4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
5102-813, eff. 5-13-22.)

6 (430 ILCS 66/40)

7 Sec. 40. Non-resident license applications. 
8 (a) For the purposes of this Section, "non-resident" means 
9a person who has not resided within this State for more than 30 
10days and resides in another state or territory.
11 (b) The Illinois State Police shall by rule allow for 
12non-resident license applications from any state or territory 
13of the United States with laws related to firearm ownership, 
14possession, and carrying, that are substantially similar to 
15the requirements to obtain a license under this Act.
16 (c) A resident of a state or territory approved by the 
17Illinois State Police under subsection (b) of this Section may 
18apply for a non-resident license. The applicant shall apply to 
19the Illinois State Police and must meet all of the 
20qualifications established in Section 25 of this Act, except 
21for the Illinois residency requirement in item (xiv) of 
22paragraph (2) of subsection (a) of Section 4 of the Firearm 
23Owners Identification Card Act. The applicant shall submit:
24  (1) the application and documentation required under 
25 Section 30 of this Act and the applicable fee;
 
 
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1  (2) a notarized document stating that the applicant:
2   (A) is eligible under federal law and the laws of 
3 his or her state or territory of residence to own or 
4 possess a firearm;
5   (B) if applicable, has a license or permit to 
6 carry a firearm or concealed firearm issued by his or 
7 her state or territory of residence and attach a copy 
8 of the license or permit to the application;
9   (C) understands Illinois laws pertaining to the 
10 possession and transport of firearms; and
11   (D) acknowledges that the applicant is subject to 
12 the jurisdiction of the Illinois State Police and 
13 Illinois courts for any violation of this Act;
14  (3) a photocopy of any certificates or other evidence 
15 of compliance with the training requirements under Section 
16 75 of this Act; and
17  (4) a head and shoulder color photograph in a size 
18 specified by the Illinois State Police taken within the 30 
19 days preceding the date of the application.
20 (d) In lieu of an Illinois driver's license or Illinois 
21identification card, a non-resident applicant shall provide 
22similar documentation from his or her state or territory of 
23residence. The applicant shall submit In lieu of a valid 
24Firearm Owner's Identification Card, the applicant shall 
25submit documentation and information required by the Illinois 
26State Police to obtain a Firearm Owner's Identification Card, 
 
 
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1including an affidavit that the non-resident meets the mental 
2health standards to obtain a firearm under Illinois law, and 
3the Illinois State Police shall ensure that the applicant 
4would meet the eligibility criteria under State law to possess 
5a firearm to obtain a Firearm Owner's Identification card if 
6he or she was a resident of this State.
7 (e) Nothing in this Act shall prohibit a non-resident from 
8transporting a concealed firearm within his or her vehicle in 
9Illinois, if the concealed firearm remains within his or her 
10vehicle and the non-resident:
11  (1) is not prohibited from owning or possessing a 
12 firearm under federal law;
13  (2) is eligible to carry a firearm in public under the 
14 laws of his or her state or territory of residence, as

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

17 applicable; and
18  (3) is not in possession of a license under this Act.
19 If the non-resident leaves his or her vehicle unattended, 
20he or she shall store the firearm within a locked vehicle or 
21locked container within the vehicle in accordance with 
22subsection (b) of Section 65 of this Act.

23(Source: P.A. 102-538, eff. 8-20-21.)

24 (430 ILCS 66/66)
25 Sec. 66. Illinois State Police to monitor databases for 
 
 
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1firearms prohibitors. The Illinois State Police shall 
2continuously monitor relevant State and federal databases for 
3firearms prohibitors and correlate those records with 
4concealed carry license holders to ensure compliance with this 
5Act and any other State and federal laws. As used in this 
6Section, "firearms prohibitor" means any factor listed in 
7Section 8 or Section 8.2 of the Firearm Owners Identification 
8Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
9that prohibits a person from transferring or possessing a 
10firearm, firearm ammunition, Firearm Owner's Identification 
11Card, or concealed carry license.

12(Source: P.A. 102-237, eff. 1-1-22.)

13 (430 ILCS 66/70)
14 Sec. 70. Violations. 
15 (a) A license issued or renewed under this Act shall be 
16revoked if, at any time, the licensee is found to be ineligible 
17for a license under this Act or the licensee is prohibited from 
18possessing a firearm under State or federal law no longer 
19meets the eligibility requirements of the Firearm Owners 
20Identification Card Act.
21 (b) A license shall be suspended if an order of 
22protection, including an emergency order of protection, 
23plenary order of protection, or interim order of protection 
24under Article 112A of the Code of Criminal Procedure of 1963 or 
25under the Illinois Domestic Violence Act of 1986, or if a 
 
 
HB3197- 123 -LRB103 26878 RLC 53242 b


1firearms restraining order, including an emergency firearms 
2restraining order, under the Firearms Restraining Order Act, 
3is issued against a licensee for the duration of the order, or 
4if the Illinois State Police is made aware of a similar order 
5issued against the licensee in any other jurisdiction. If an 
6order of protection is issued against a licensee, the licensee 
7shall surrender the license, as applicable, to the court at 
8the time the order is entered or to the law enforcement agency 
9or entity serving process at the time the licensee is served 
10the order. The court, law enforcement agency, or entity 
11responsible for serving the order of protection shall notify 
12the Illinois State Police within 7 days and transmit the 
13license to the Illinois State Police.
14 (c) A license is invalid upon expiration of the license, 
15unless the licensee has submitted an application to renew the 
16license, and the applicant is otherwise eligible to possess a 
17license under this Act.
18 (d) A licensee shall not carry a concealed firearm while 
19under the influence of alcohol, other drug or drugs, 
20intoxicating compound or combination of compounds, or any 
21combination thereof, under the standards set forth in 
22subsection (a) of Section 11-501 of the Illinois Vehicle Code.
23 A licensee in violation of this subsection (d) shall be 
24guilty of a Class A misdemeanor for a first or second violation 
25and a Class 4 felony for a third violation. The Illinois State 
26Police may suspend a license for up to 6 months for a second 
 
 
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1violation and shall permanently revoke a license for a third 
2violation.
3 (e) Except as otherwise provided, a licensee in violation 
4of this Act shall be guilty of a Class B misdemeanor. A second 
5or subsequent violation is a Class A misdemeanor. The Illinois 
6State Police may suspend a license for up to 6 months for a 
7second violation and shall permanently revoke a license for 3 
8or more violations of Section 65 of this Act. Any person 
9convicted of a violation under this Section shall pay a $150 
10fee to be deposited into the Mental Health Reporting Fund, 
11plus any applicable court costs or fees.
12 (f) A licensee convicted or found guilty of a violation of 
13this Act who has a valid license and is otherwise eligible to 
14carry a concealed firearm shall only be subject to the 
15penalties under this Section and shall not be subject to the 
16penalties under Section 21-6, paragraph (4), (8), or (10) of 
17subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
18of paragraph (3) of subsection (a) of Section 24-1.6 of the 
19Criminal Code of 2012. Except as otherwise provided in this 
20subsection, nothing in this subsection prohibits the licensee 
21from being subjected to penalties for violations other than 
22those specified in this Act.
23 (g) A licensee whose license is revoked, suspended, or 
24denied shall, within 48 hours of receiving notice of the 
25revocation, suspension, or denial, surrender his or her 
26concealed carry license to the local law enforcement agency 
 
 
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1where the person resides. The local law enforcement agency 
2shall provide the licensee a receipt and transmit the 
3concealed carry license to the Illinois State Police. If the 
4licensee whose concealed carry license has been revoked, 
5suspended, or denied fails to comply with the requirements of 
6this subsection, the law enforcement agency where the person 
7resides may petition the circuit court to issue a warrant to 
8search for and seize the concealed carry license in the 
9possession and under the custody or control of the licensee 
10whose concealed carry license has been revoked, suspended, or 
11denied. The observation of a concealed carry license in the 
12possession of a person whose license has been revoked, 
13suspended, or denied constitutes a sufficient basis for the 
14arrest of that person for violation of this subsection. A 
15violation of this subsection is a Class A misdemeanor.
16 (h) (Blank). Except as otherwise provided in subsection 
17(h-5), a license issued or renewed under this Act shall be 
18revoked if, at any time, the licensee is found ineligible for a 
19Firearm Owner's Identification Card, or the licensee no longer 
20possesses a valid Firearm Owner's Identification Card. If the 
21Firearm Owner's Identification Card is expired or suspended 
22rather than denied or revoked, the license may be suspended 
23for a period of up to one year to allow the licensee to 
24reinstate his or her Firearm Owner's Identification Card. The 
25Illinois State Police shall adopt rules to enforce this 
26subsection. A licensee whose license is revoked under this 
 
 
HB3197- 126 -LRB103 26878 RLC 53242 b


1subsection (h) shall surrender his or her concealed carry 
2license as provided for in subsection (g) of this Section. 
3 This subsection shall not apply to a person who has filed 
4an application with the Illinois State Police for renewal of a 
5Firearm
Owner's Identification Card and who is not otherwise 
6ineligible to obtain a Firearm Owner's Identification Card.

7 (h-5) (Blank). If the Firearm Owner's Identification Card 
8of a
licensee under this Act expires during the term of the 
9license
issued under this Act, the license and the Firearm 
10Owner's
Identification Card remain valid, and the Illinois 
11State Police
may automatically renew the licensee's Firearm 
12Owner's
Identification Card as provided in subsection (c) of 
13Section 5
of the Firearm Owners Identification Card Act.
14 (i) A certified firearms instructor who knowingly provides 
15or offers to provide a false certification that an applicant 
16has completed firearms training as required under this Act is 
17guilty of a Class A misdemeanor. A person guilty of a violation 
18of this subsection (i) is not eligible for court supervision. 
19The Illinois State Police shall permanently revoke the 
20firearms instructor certification of a person convicted under 
21this subsection (i). 
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
23102-813, eff. 5-13-22.)

24 (430 ILCS 66/80)
25 Sec. 80. Certified firearms instructors. 
 
 
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1 (a) Within 60 days of the effective date of this Act, the 
2Illinois State Police shall begin approval of certified 
3firearms instructors and enter certified firearms instructors 
4into an online registry on the Illinois State Police's 
5website.
6 (b) A person who is not a certified firearms instructor 
7shall not teach applicant training courses or advertise or 
8otherwise represent courses they teach as qualifying their 
9students to meet the requirements to receive a license under 
10this Act. Each violation of this subsection is a business 
11offense with a fine of at least $1,000 per violation.
12 (c) A person seeking to become a certified firearms 
13instructor shall:
14  (1) be at least 21 years of age;
15  (2) be a legal resident of the United States; and
16  (3) meet the requirements of Section 25 of this Act, 
17 except for the Illinois residency
requirement in item 
18 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
19 the Firearm
Owners Identification Card Act; and any 
20 additional uniformly applied requirements established by 
21 the Illinois State Police.
22 (d) A person seeking to become a certified firearms 
23instructor, in addition to the requirements of subsection (c) 
24of this Section, shall:
25  (1) possess a high school diploma or State of Illinois 
26 High School Diploma; and
 
 
HB3197- 128 -LRB103 26878 RLC 53242 b


1  (2) have at least one of the following valid firearms 
2 instructor certifications:
3   (A) certification from a law enforcement agency;
4   (B) certification from a firearm instructor course 
5 offered by a State or federal governmental agency;
6   (C) certification from a firearm instructor 
7 qualification course offered by the Illinois Law 
8 Enforcement Training Standards Board; or
9   (D) certification from an entity approved by the 
10 Illinois State Police that offers firearm instructor 
11 education and training in the use and safety of 
12 firearms.
13 (e) A person may have his or her firearms instructor 
14certification denied or revoked if he or she does not meet the 
15requirements to obtain a license under this Act, provides 
16false or misleading information to the Illinois State Police, 
17or has had a prior instructor certification revoked or denied 
18by the Illinois State Police.

19(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

20 (430 ILCS 66/105)

21 Sec. 105. Duty of school administrator. It is the duty of 
22the principal
of a public elementary or secondary school, or 
23his or her designee, and the
chief administrative officer of a 
24private elementary or secondary school or a
public or private 
25community college, college, or university, or his or her

 
 
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1designee, to report to the Illinois State Police when a 
2student is determined to pose a clear and present danger to 
3himself, herself, or to others, within 24 hours of
the 
4determination as provided in Section 6-103.3 of the Mental 
5Health and Developmental Disabilities Code. "Clear and present 
6danger" has the meaning as provided in paragraph (2) of the 
7definition of "clear and present danger" in Section 6-103.3 of 
8the Mental Health and Developmental Disabilities Code 1.1 of 
9the Firearm Owners Identification Card Act.

10(Source: P.A. 102-538, eff. 8-20-21.)

11 Section 66. The Firearms Restraining Order Act is amended 
12by changing Sections 35 and 40 as follows:



13 (430 ILCS 67/35)



14 Sec. 35. Ex parte orders and emergency hearings.

15 (a) A petitioner may request an emergency firearms 
16restraining order by filing an affidavit or verified pleading 
17alleging that the respondent poses an immediate and present 
18danger of causing personal injury to himself, herself, or 
19another by having in his or her custody or control, 
20purchasing, possessing, or receiving a firearm, ammunition, or 
21firearm parts
that could be assembled to make an operable 
22firearm. The petition shall also describe the type and 
23location of any firearm or firearms, ammunition, or firearm 
24parts
that could be assembled to make an operable firearm 
 
 
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1presently believed by the petitioner to be possessed or 
2controlled by the respondent.

3 (b) If the respondent is alleged to pose an immediate and 
4present danger of causing personal injury to an intimate 
5partner, or an intimate partner is alleged to have been the 
6target of a threat or act of violence by the respondent, the 
7petitioner shall make a good faith effort to provide notice to 
8any and all intimate partners of the respondent. The notice 
9must include that the petitioner intends to petition the court 
10for an emergency firearms restraining order, and, if the 
11petitioner is a law enforcement officer, referral to relevant 
12domestic violence or stalking advocacy or counseling 
13resources, if appropriate. The petitioner shall attest to 
14having provided the notice in the filed affidavit or verified 
15pleading. If, after making a good faith effort, the petitioner 
16is unable to provide notice to any or all intimate partners, 
17the affidavit or verified pleading should describe what 
18efforts were made.
19 (c) Every person who files a petition for an emergency 
20firearms restraining order, knowing the information provided 
21to the court at any hearing or in the affidavit or verified 
22pleading to be false, is guilty of perjury under Section 32-2 
23of the Criminal Code of 2012.

24 (d) An emergency firearms restraining order shall be 
25issued on an ex parte basis, that is, without notice to the 
26respondent.

 
 
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1 (e) An emergency hearing held on an ex parte basis shall be 
2held the same day that the petition is filed or the next day 
3that the court is in session.

4 (f) If a circuit or associate judge finds probable cause 
5to believe that the respondent poses an immediate and present 
6danger of causing personal injury to himself, herself, or 
7another by having in his or her custody or control, 
8purchasing, possessing, or receiving a firearm, ammunition, or 
9firearm parts
that could be assembled to make an operable 
10firearm, the circuit or associate judge shall issue an 
11emergency order.

12 (f-5) If the court issues an emergency firearms 
13restraining order, it shall, upon a finding of probable cause 
14that the respondent possesses firearms, ammunition, or firearm 
15parts
that could be assembled to make an operable firearm, 
16issue a search warrant directing a law enforcement agency to 
17seize the respondent's firearms, ammunition, and firearm parts 
18that could
be assembled to make an operable firearm. The court 
19may, as part of that warrant, direct the law enforcement 
20agency to search the respondent's residence and other places 
21where the court finds there is probable cause to believe he or 
22she is likely to possess the firearms, ammunition, or firearm 
23parts
that could be assembled to make an operable firearm. A 
24return of the search warrant shall be filed by the law 
25enforcement agency within 4 days thereafter, setting forth the 
26time, date, and location that the search warrant was executed 
 
 
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1and what items, if any, were seized. 
2 (g) An emergency firearms restraining order shall require:

3  (1) the respondent to refrain from having in his or 
4 her custody or control, purchasing, possessing, or 
5 receiving additional firearms, ammunition, or firearm 
6 parts that could be assembled to make an operable firearm, 
7 or removing firearm parts that could be assembled to make 
8 an operable firearm for the duration of the order under 
9 Section 8.2 of the Firearm Owners Identification Card Act;

10 and
11  (2) the respondent to comply with Section 9.5 of the 
12 Firearm Owners Identification Card Act and subsection (g) 
13 of Section 70 of the Firearm Concealed Carry Act.
14 (h) Except as otherwise provided in subsection (h-5) of 
15this Section, upon expiration of the period of safekeeping, if 
16the firearms, ammunition, and firearm parts that could
be 
17assembled to make an operable firearm or Firearm Owner's 
18Identification Card and concealed carry license cannot be 
19returned to the respondent because the respondent cannot be 
20located, fails to respond to requests to retrieve the 
21firearms, or is not lawfully eligible to possess a firearm, 
22ammunition, or firearm parts
that could be assembled to make 
23an operable firearm, upon petition from the local law 
24enforcement agency, the court may order the local law 
25enforcement agency to destroy the firearms, ammunition, and 
26firearm parts that could
be assembled to make an operable 
 
 
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1firearm, use the firearms, ammunition, and firearm parts that 
2could
be assembled to make an operable firearm for training 
3purposes, or use the firearms, ammunition, and firearm parts 
4that could
be assembled to make an operable firearm for any 
5other application as deemed appropriate by the local law 
6enforcement agency.

7 (h-5) On or before January 1, 2022, a respondent whose 
8firearms have been turned over to a local law enforcement 
9agency Firearm Owner's Identification Card has been revoked or 
10suspended may petition the court, if the petitioner is present 
11in court or has notice of the respondent's petition, to 
12transfer the respondent's firearm, ammunition, and firearm 
13parts that could
be assembled to make an operable firearm to a 
14person who is lawfully able to possess the firearm, 
15ammunition, and firearm parts that could
be assembled to make 
16an operable firearm if the person does not reside at the same 
17address as the respondent. Notice of the petition shall be 
18served upon the person protected by the emergency firearms 
19restraining order. While the order is in effect, the 
20transferee who receives the respondent's firearms, ammunition, 
21and firearm parts that could be assembled to make an operable 
22firearm must swear or affirm by affidavit that he or she shall 
23not transfer the firearm, ammunition, and firearm parts that 
24could
be assembled to make an operable firearm to the 
25respondent or to anyone residing in the same residence as the 
26respondent.
 
 
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1 (h-6) If a person other than the respondent claims title 
2to any firearms, ammunition, and firearm parts that could
be 
3assembled to make an operable firearm surrendered under this 
4Section, he or she may petition the court, if the petitioner is 
5present in court or has notice of the petition, to have the 
6firearm, ammunition, and firearm parts that could be assembled 
7to make an operable firearm returned to him or her. If the 
8court determines that person to be the lawful owner of the 
9firearm, ammunition, and firearm parts that could be assembled 
10to make an operable firearm, the firearm, ammunition, and 
11firearm parts that could
be assembled to make an operable 
12firearm shall be returned to him or her, provided that:
13  (1) the firearm,
ammunition, and firearm parts that 
14 could be assembled to make
an operable firearm are removed 
15 from the respondent's custody, control, or possession and 
16 the lawful owner agrees to store the firearm, ammunition, 
17 and firearm parts that could
be assembled to make an 
18 operable firearm in a manner such that the respondent does 
19 not have access to or control of the firearm, ammunition, 
20 and firearm parts that could
be assembled to make an 
21 operable firearm; and
22  (2) the firearm,
ammunition, and firearm parts that 
23 could be assembled to make
an operable firearm are not 
24 otherwise unlawfully possessed by the owner.
25 The person petitioning for the return of his or her 
26firearm, ammunition, and firearm parts that could
be assembled 
 
 
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1to make an operable firearm must swear or affirm by affidavit 
2that he or she: (i) is the lawful owner of the firearm, 
3ammunition, and firearm parts that could be assembled to make 
4an operable firearm; (ii) shall not transfer the firearm, 
5ammunition, and firearm parts that could
be assembled to make 
6an operable firearm to the respondent; and (iii) will store 
7the firearm, ammunition, and firearm parts that could be 
8assembled to make an operable firearm in a manner that the 
9respondent does not have access to or control of the firearm, 
10ammunition, and firearm parts that could
be assembled to make 
11an operable firearm. 
12 (i) In accordance with subsection (e) of this Section, the 
13court shall schedule a full hearing as soon as possible, but no 
14longer than 14 days from the issuance of an ex parte firearms 
15restraining order, to determine if a 6-month firearms 
16restraining order shall be issued. The court may extend an ex 
17parte order as needed, but not to exceed 14 days, to effectuate 
18service of the order or if necessary to continue protection. 
19The court may extend the order for a greater length of time by 
20mutual agreement of the parties.


21(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
22102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
235-13-22.)



24 (430 ILCS 67/40)



25 Sec. 40. Plenary orders.

 
 
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1 (a) A petitioner may request a firearms restraining order 
2for up to one year by filing an affidavit or verified pleading 
3alleging that the respondent poses a significant danger of 
4causing personal injury to himself, herself, or another in the 
5near future by having in his or her custody or control, 
6purchasing, possessing, or receiving a firearm, ammunition, 
7and firearm parts that could
be assembled to make an operable 
8firearm. The petition shall also describe the number, types, 
9and locations of any firearms, ammunition, and firearm parts 
10that could
be assembled to make an operable firearm presently 
11believed by the petitioner to be possessed or controlled by 
12the respondent.
The firearms restraining order may be renewed 
13for an additional period of up to one year in accordance with 
14Section 45 of this Act. 
15 (b) If the respondent is alleged to pose a significant 
16danger of causing personal injury to an intimate partner, or 
17an intimate partner is alleged to have been the target of a 
18threat or act of violence by the respondent, the petitioner 
19shall make a good faith effort to provide notice to any and all 
20intimate partners of the respondent. The notice must include 
21the duration of time that the petitioner intends to petition 
22the court for a firearms restraining order, and, if the 
23petitioner is a law enforcement officer, referral to relevant 
24domestic violence or stalking advocacy or counseling 
25resources, if appropriate. The petitioner shall attest to 
26having provided the notice in the filed affidavit or verified 
 
 
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1pleading. If, after making a good faith effort, the petitioner 
2is unable to provide notice to any or all intimate partners, 
3the affidavit or verified pleading should describe what 
4efforts were made.
5 (c) Every person who files a petition for a plenary 
6firearms restraining order, knowing the information provided 
7to the court at any hearing or in the affidavit or verified 
8pleading to be false, is guilty of perjury under Section 32-2 
9of the Criminal Code of 2012.

10 (d) Upon receipt of a petition for a plenary firearms 
11restraining order, the court shall order a hearing within 30 
12days.

13 (e) In determining whether to issue a firearms restraining 
14order under this Section, the court shall consider evidence 
15including, but not limited to, the following:

16  (1) The unlawful and reckless use, display, or 
17 brandishing of a firearm, ammunition, and firearm parts 
18 that could
be assembled to make an operable firearm by the 
19 respondent.

20  (2) The history of use, attempted use, or threatened 
21 use of physical force by the respondent against another 
22 person.

23  (3) Any prior arrest of the respondent for a felony 
24 offense.
25  (4) Evidence of the abuse of controlled substances or 
26 alcohol by the respondent.
 
 
HB3197- 138 -LRB103 26878 RLC 53242 b


1  (5) A recent threat of violence or act of violence by 
2 the respondent directed toward himself, herself, or 
3 another.
4  (6) A violation of an emergency order of protection 
5 issued under Section 217 of the Illinois Domestic Violence 
6 Act of 1986 or Section 112A-17 of the Code of Criminal 
7 Procedure of 1963 or of an order of protection issued 
8 under Section 214 of the Illinois Domestic Violence Act of 
9 1986 or Section 112A-14 of the Code of Criminal Procedure 
10 of 1963.

11  (7) A pattern of violent acts or violent threats, 
12 including, but not limited to, threats of violence or acts 
13 of violence by the respondent directed toward himself, 
14 herself, or another.
15 (f) At the hearing, the petitioner shall have the burden 
16of proving, by clear and convincing evidence, that the 
17respondent poses a significant danger of personal injury to 
18himself, herself, or another by having in his or her custody or 
19control, purchasing, possessing, or receiving a firearm, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm.
22 (g) If the court finds that there is clear and convincing 
23evidence to issue a plenary firearms restraining order, the 
24court shall issue a firearms restraining order that shall be 
25in effect for up to one year, but not less than 6 months, 
26subject to renewal under Section 45 of this Act or termination 
 
 
HB3197- 139 -LRB103 26878 RLC 53242 b


1under that Section. 
2 (g-5) If the court issues a plenary firearms restraining 
3order, it shall, upon a finding of probable cause that the 
4respondent possesses firearms, ammunition, and firearm parts 
5that could
be assembled to make an operable firearm, issue a 
6search warrant directing a law enforcement agency to seize the 
7respondent's firearms, ammunition, and firearm parts that 
8could
be assembled to make an operable firearm. The court may, 
9as part of that warrant, direct the law enforcement agency to 
10search the respondent's residence and other places where the 
11court finds there is probable cause to believe he or she is 
12likely to possess the firearms, ammunition, and firearm parts 
13that could
be assembled to make an operable firearm. A return 
14of the search warrant shall be filed by the law enforcement 
15agency within 4 days thereafter, setting forth the time, date, 
16and location that the search warrant was executed and what 
17items, if any, were seized. 
18 (h) A plenary firearms restraining order shall require:
19  (1) the respondent to refrain from having in his or 
20 her custody or control, purchasing, possessing, or 
21 receiving additional firearms, ammunition, and firearm 
22 parts that could
be assembled to make an operable firearm 
23 for the duration of the order under Section 8.2 of the 
24 Firearm Owners Identification Card Act; and
25  (2) the respondent to comply with Section 9.5 of the 
26 Firearm Owners Identification Card Act and subsection (g) 
 
 
HB3197- 140 -LRB103 26878 RLC 53242 b


1 of Section 70 of the Firearm Concealed Carry Act.
2 (i) Except as otherwise provided in subsection (i-5) of 
3this Section, upon expiration of the period of safekeeping, if 
4the firearms, ammunition, and firearm parts that could
be 
5assembled to make an operable firearm or Firearm Owner's 
6Identification Card cannot be returned to the respondent 
7because the respondent cannot be located, fails to respond to 
8requests to retrieve the firearms, ammunition, and firearm 
9parts that could
be assembled to make an operable firearm, or 
10is not lawfully eligible to possess a firearm, ammunition, and 
11firearm parts that could
be assembled to make an operable 
12firearm, upon petition from the local law enforcement agency, 
13the court may order the local law enforcement agency to 
14destroy the firearms, ammunition, and firearm parts that could 
15be assembled to make an operable firearm, use the firearms, 
16ammunition, and firearm parts that could
be assembled to make 
17an operable firearm for training purposes, or use the 
18firearms, ammunition, and firearm parts that could
be 
19assembled to make an operable firearm for any other 
20application as deemed appropriate by the local law enforcement 
21agency.
22 (i-5) A respondent whose firearms have been turned over to

23a local law enforcement agency Firearm Owner's Identification 
24Card has been revoked or suspended may petition the court, if 
25the petitioner is present in court or has notice of the 
26respondent's petition, to transfer the respondent's firearm, 
 
 
HB3197- 141 -LRB103 26878 RLC 53242 b


1ammunition, and firearm parts that could
be assembled to make 
2an operable firearm to a person who is lawfully able to possess 
3the firearm, ammunition, and firearm parts that could
be 
4assembled to make an operable firearm if the person does not 
5reside at the same address as the respondent. Notice of the 
6petition shall be served upon the person protected by the 
7emergency firearms restraining order. While the order is in 
8effect, the transferee who receives the respondent's firearms, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm must swear or affirm by affidavit that he 
11or she shall not transfer the firearm, ammunition, and firearm 
12parts that could
be assembled to make an operable firearm to 
13the respondent or to anyone residing in the same residence as 
14the respondent.
15 (i-6) If a person other than the respondent claims title 
16to any firearms, ammunition, and firearm parts that could
be 
17assembled to make an operable firearm surrendered under this 
18Section, he or she may petition the court, if the petitioner is 
19present in court or has notice of the petition, to have the 
20firearm, ammunition, and firearm parts that could be assembled 
21to make an operable firearm returned to him or her. If the 
22court determines that person to be the lawful owner of the 
23firearm, ammunition, and firearm parts that could be assembled 
24to make an operable firearm, the firearm, ammunition, and 
25firearm parts that could
be assembled to make an operable 
26firearm shall be returned to him or her, provided that:
 
 
HB3197- 142 -LRB103 26878 RLC 53242 b


1  (1) the firearm,
ammunition, and firearm parts that 
2 could be assembled to make
an operable firearm are removed 
3 from the respondent's custody, control, or possession and 
4 the lawful owner agrees to store the firearm, ammunition, 
5 and firearm parts that could
be assembled to make an 
6 operable firearm in a manner such that the respondent does 
7 not have access to or control of the firearm, ammunition, 
8 and firearm parts that could
be assembled to make an 
9 operable firearm; and
10  (2) the firearm,
ammunition, and firearm parts that 
11 could be assembled to make
an operable firearm are not 
12 otherwise unlawfully possessed by the owner.
13 The person petitioning for the return of his or her 
14firearm, ammunition, and firearm parts that could
be assembled 
15to make an operable firearm must swear or affirm by affidavit 
16that he or she: (i) is the lawful owner of the firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm; (ii) shall not transfer the firearm, 
19ammunition, and firearm parts that could
be assembled to make 
20an operable firearm to the respondent; and (iii) will store 
21the firearm, ammunition, and firearm parts that could be 
22assembled to make an operable firearm in a manner that the 
23respondent does not have access to or control of the firearm, 
24ammunition, and firearm parts that could
be assembled to make 
25an operable firearm. 
26 (j) If the court does not issue a firearms restraining 
 
 
HB3197- 143 -LRB103 26878 RLC 53242 b


1order at the hearing, the court shall dissolve any emergency 
2firearms restraining order then in effect.
3 (k) When the court issues a firearms restraining order 
4under this Section, the court shall inform the respondent that 
5he or she is entitled to one hearing during the period of the 
6order to request a termination of the order, under Section 45 
7of this Act, and shall provide the respondent with a form to 
8request a hearing. 

9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
115-13-22; 102-1116, eff. 1-10-23.)

12 Section 67. The Firearm Dealer License Certification Act 
13is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
14follows:

15 (430 ILCS 68/5-20)

16 Sec. 5-20. Additional licensee requirements. 
17 (a) A certified licensee shall make a photo copy of a 
18buyer's or transferee's valid photo identification card 
19whenever a firearm sale transaction takes place. The photo 
20copy shall be attached to the documentation detailing the 
21record of sale.
22 (b) A certified licensee shall post in a conspicuous 
23position on the premises where the licensee conducts business 
24a sign that contains the following warning in block letters 
 
 
HB3197- 144 -LRB103 26878 RLC 53242 b


1not less than one inch in height:
2  "With few exceptions enumerated in the Criminal Code 
3 of 2012 Firearm Owners Identification Card Act, it is 
4 unlawful for you to:
5   (A) store or leave an unsecured firearm in a place 
6 where a child can obtain access to it;
or 
7   (B) sell or transfer your firearm to someone else 
8 without receiving approval for the transfer from the 
9 Illinois State Police, or
10   (B) (C) fail to report the loss or theft of your 
11 firearm to local law enforcement within 72 hours.".
12This sign shall be created by the Illinois State Police and 
13made available for printing or downloading from the Illinois 
14State Police's website.
15 (c) No retail location established after the effective 
16date of this Act shall be located within 500 feet of any 
17school, pre-school, or day care facility in existence at its 
18location before the retail location is established as measured 
19from the nearest corner of the building holding the retail 
20location to the corner of the school, pre-school, or day care 
21facility building nearest the retail location at the time the 
22retail location seeks licensure.

23(Source: P.A. 102-538, eff. 8-20-21.)

24 (430 ILCS 68/5-25)

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

 
 
HB3197- 145 -LRB103 26878 RLC 53242 b


1to the certification of a license do not apply to a
person or 
2entity that engages in the following
activities:
3  (1) temporary transfers of firearms solely for use at 
4 the
location or on the premises where the transfer takes 
5 place,
such as transfers at a shooting range for use at 
6 that location;
7  (2) temporary transfers of firearms solely for use 
8 while in
the presence of the transferor or transfers for 
9 the
purposes of firearm safety training by a firearms 
10 safety training instructor;
11  (3) transfers of firearms among immediate family or

12 household members, as "immediate family or household 
13 member" is
defined in Section 3-2.7-10 of the Unified Code 
14 of Corrections, provided that both the transferor and 
15 transferee are not prohibited from possessing a firearm 
16 under federal or State law have a currently valid Firearm 
17 Owner's Identification Card; however, this paragraph (3) 
18 does not limit the familial gift exemption under paragraph 
19 (2) of subsection (a-15) of Section 3 of the Firearm 
20 Owners Identification Card Act;
21  (4) transfers by persons or entities acting under 
22 operation
of law or a court order;
23  (5) transfers by persons or entities liquidating all 
24 or
part of a collection. For purposes of this paragraph 
25 (5),
"collection" means 2 or more firearms which are of 
26 special
interest to collectors by reason of some quality 
 
 
HB3197- 146 -LRB103 26878 RLC 53242 b


1 other than is
associated with firearms intended for 
2 sporting use or as
offensive or defensive weapons;
3  (6) transfers of firearms that have been rendered

4 permanently inoperable to a nonprofit historical society,

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

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

13 federal law, between collectors licensed under subsection 
14 (b)
of Section 923 of the federal Gun Control Act of 1968;
15  (10) transfers by a person or entity licensed as an 
16 auctioneer under the Auction License Act;
17  (10.5) transfers of firearms to a resident registered 
18 competitor or attendee or non-resident registered 
19 competitor or attendee by a licensed federal firearms 
20 dealer under Section 923 of the federal Gun Control Act of 
21 1968 at a competitive shooting event held at the World 
22 Shooting and Recreational Complex that is sanctioned by a 
23 national governing body; or 
24  (11) transfers between a pawnshop and a customer which 
25 amount to a bailment. For purposes of this paragraph (11), 
26 "bailment" means the act of placing property in the 
 
 
HB3197- 147 -LRB103 26878 RLC 53242 b


1 custody and control of another, by agreement in which the 
2 holder is responsible for the safekeeping and return of 
3 the property. 

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

5 (430 ILCS 68/5-40)

6 Sec. 5-40. Qualifications for operation. 
7 (a) Each certified licensee shall submit with each 
8application for certification or renewal an affidavit to the 
9Illinois State Police stating that each owner, employee, or 
10other agent of the certified licensee who sells or conducts 
11transfers of firearms for the certified licensee is at least 
1221 years of age, has a currently valid Firearm Owner's 
13Identification Card and, for a renewal, has completed the 
14training required under Section 5-30. The affidavit must also 
15contain the name and Firearm Owner's Identification Card 
16number of each owner, employee, or other agent who sells or 
17conducts transfers of firearms for the certified licensee. If 
18an owner, employee, or other agent of the certified licensee 
19is not otherwise a resident of this State, the certified 
20licensee shall submit an affidavit stating that the owner, 
21employee, or other agent has undergone a background check and 
22is not prohibited from owning or possessing firearms.
23 (b) In addition to the affidavit required under subsection 
24(a), within 30 days of a new owner, employee, or other agent 
25beginning selling or conducting transfers of firearms for the 
 
 
HB3197- 148 -LRB103 26878 RLC 53242 b


1certified licensee, the certified licensee shall submit an 
2affidavit to the Illinois State Police stating the date that 
3the new owner, employee, or other agent began selling or 
4conducting transfers of firearms for the certified licensee, 
5and providing the information required in subsection (a) for 
6that new owner, employee, or other agent.
7 (c) If a certified licensee has a license, certificate, or 
8permit to sell, lease, transfer, purchase, or possess firearms 
9issued by the federal government or the government of any 
10state revoked or suspended for good cause within the preceding 
114 years, the Illinois State Police may consider revoking or 
12suspending the certified licenses in this State. In making a 
13determination of whether or not to revoke or suspend a 
14certified license in this State, the Illinois State Police 
15shall consider the number of retail locations the certified 
16licensee or any related person or entity operates in this 
17State or in other states under the same or different business 
18names, and the severity of the infraction in the state in which 
19a license was revoked or suspended.
20 (d) Applications and affidavits required under this 
21Section are not subject to disclosure by the Illinois State 
22Police under the Freedom of Information Act.

23(Source: P.A. 102-538, eff. 8-20-21.)

24 (430 ILCS 68/5-85)

25 Sec. 5-85. Disciplinary sanctions. 
 
 
HB3197- 149 -LRB103 26878 RLC 53242 b


1 (a) For violations of this Act not penalized under Section

25-15, the Illinois State Police may
refuse to renew or

3restore, or may reprimand, place on probation, suspend, 
4revoke,
or take other disciplinary or non-disciplinary action 
5against
any licensee, and may impose a fine commensurate with 
6the severity of the violation not to exceed $10,000 for each

7violation for any of the following, consistent with the 
8Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
9through 7903:

10  (1) Violations of this Act, or any law applicable to 
11 the sale or
transfer of firearms.

12  (2) A pattern of practice or other behavior which

13 demonstrates incapacity or incompetency to practice under

14 this Act.

15  (3) Aiding or assisting another person in violating 
16 any
provision of this Act or rules adopted under this Act.

17  (4) Failing, within 60 days, to provide information in

18 response to a written request made by the Illinois State 
19 Police.

20  (5) Conviction of, plea of guilty to, or plea of nolo

21 contendere to any crime that disqualifies the person from

22 obtaining a firearm valid Firearm Owner's Identification 
23 Card.

24  (6) Continued practice, although the person has become

25 unfit to practice due to any of the following:

26   (A) Any circumstance that disqualifies the person

 
 
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1 from obtaining a firearm valid Firearm Owner's 
2 Identification
Card or concealed carry license.

3   (B) Habitual or excessive use or abuse of drugs

4 defined in law as controlled substances, alcohol, or

5 any other substance that results in the inability to

6 practice with reasonable judgment, skill, or safety.
7  (7) Receiving, directly or indirectly, compensation

8 for any firearms sold or transferred illegally.

9  (8) Discipline by another United States jurisdiction,

10 foreign nation, or governmental agency, if at least one of

11 the grounds for the discipline is the same or 
12 substantially
equivalent to those set forth in this Act.

13  (9) Violation of any disciplinary order imposed on a

14 licensee by the Illinois State Police.

15  (10) A finding by the Illinois State Police that the 
16 licensee,
after having his or her certified license placed 
17 on probationary
status, has violated the terms of 
18 probation.

19  (11) A fraudulent or material misstatement in the 
20 completion of an affirmative obligation or inquiry by law 
21 enforcement.
22 (b) All fines imposed under this Section shall be paid

23within 90 days after the effective date of the final order 
24imposing
the fine.

25(Source: P.A. 102-538, eff. 8-20-21.)

 
 
HB3197- 151 -LRB103 26878 RLC 53242 b


1 Section 70. The Wildlife Code is amended by changing 
2Sections 3.2 and 3.2a as follows:



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



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

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

23 No hunting license shall be issued to any person born on or 
24after January
1,
1980
unless he presents the person authorized 
25to issue the license
evidence that he has held a hunting 
 
 
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1license issued by the State of Illinois
or another state in a 
2prior year, or a certificate of competency as
provided in this 
3Section. Persons under 18 years of age may be issued a
Lifetime 
4Hunting or Sportsmen's Combination License as provided under 
5Section
20-45 of the Fish and Aquatic Life Code but shall not 
6be entitled to hunt alone, without the supervision of an adult 
7age 21 or older,
unless they have a certificate of competency 
8as provided in this Section and
the certificate is in their 
9possession while hunting.

10 The Department of Natural Resources shall authorize

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

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

21 The Department of Natural Resources shall designate any

22person found by it
to be competent to give instruction in the 
23handling of firearms, hunter
safety, and bow and arrow. The 
24persons so appointed shall give the
course of instruction and 
25upon the successful completion shall
issue to the person 
26instructed a certificate of competency in the safe
handling of 
 
 
HB3197- 153 -LRB103 26878 RLC 53242 b


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

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

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

10 The fee for a hunting license to hunt all species for a 
11resident of
Illinois is $12. For residents age 65 or older, 
12and, commencing with the 2012 license year, resident veterans 
13of the United States Armed Forces after returning from service 
14abroad or mobilization by the President of the United States 
15as an active duty member of the United States Armed Forces, the 
16Illinois National Guard, or the Reserves of the United States 
17Armed Forces, the fee is one-half of the
fee charged for a 
18hunting license to hunt all species for a resident of

19Illinois. Veterans must provide to the Department acceptable 
20verification of their service. The Department shall establish 
21by administrative rule the procedure by which such 
22verification of service shall be made to the Department for 
23the purpose of issuing resident veterans hunting
licenses at a 
24reduced fee. The fee for a hunting license to hunt all species 
25shall be $1 for residents over 75 years of age. Nonresidents 
26shall be charged $57 for a hunting license.

 
 
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1 Nonresidents may be issued a nonresident hunting license 
2for a
period not to exceed 10 consecutive days' hunting in the 
3State and shall
be charged a fee of $35.

4 A special nonresident hunting license authorizing a 
5nonresident to
take game birds by hunting on a game breeding 
6and hunting preserve
area only, established under Section 
73.27, shall be issued upon proper
application being made and 
8payment of a fee equal to that for a resident
hunting license. 
9The expiration date of this license shall be on the same
date 
10each year that game breeding and hunting preserve
area 
11licenses expire.

12 Each applicant for a State Migratory Waterfowl Stamp, 
13regardless of
his residence or other condition, shall pay a 
14fee of $15 and
shall receive a stamp. The fee for a State 
15Migratory Waterfowl Stamp shall be waived for residents over 
1675 years of age. Except as provided under
Section 20-45 of the 
17Fish and Aquatic Life Code,
the stamp shall be signed by the 
18person or affixed to his license
or permit in a space 
19designated by the Department for that purpose.

20 Each applicant for a State Habitat Stamp, regardless of 
21his residence
or other condition, shall pay a fee of $5 and 
22shall receive a
stamp. The fee for a State Habitat Stamp shall 
23be waived for residents over 75 years of age. Except as 
24provided under Section 20-45 of the Fish and Aquatic Life

25Code, the stamp shall be signed by the person or affixed to his 
26license or
permit in a space designated by the Department for 
 
 
HB3197- 155 -LRB103 26878 RLC 53242 b


1that purpose.

2 Nothing in this Section shall be construed as to require 
3the purchase
of more than one State Habitat Stamp by any person 
4in any one license year.

5 The fees for State Pheasant Stamps and State Furbearer 
6Stamps shall be waived for residents over 75 years of age. 
7 The Department shall furnish the holders of hunting 
8licenses and stamps
with an insignia as evidence of possession 
9of license, or license and
stamp, as the Department may 
10consider advisable. The insignia shall be
exhibited and used 
11as the Department may order.

12 All other hunting licenses and all State stamps shall 
13expire upon
March 31 of each year.

14 Every person holding any license, permit, or stamp issued 
15under the
provisions of this Act shall have it in his 
16possession for immediate
presentation for inspection to the 
17officers and authorized employees of
the Department, any 
18sheriff, deputy sheriff, or any other peace officer making
a 
19demand for it. This provision shall not apply to Department 
20owned or
managed sites where it is required that all hunters 
21deposit their license or ,
permit, or Firearm Owner's 
22Identification Card at the check station upon
entering the 
23hunting areas.

24 For the purposes of this Section, "acceptable 
25verification" means official documentation from the Department 
26of Defense or the appropriate Major Command showing 
 
 
HB3197- 156 -LRB103 26878 RLC 53242 b


1mobilization dates or service abroad dates, including: (i) a 
2DD-214, (ii) a letter from the Illinois Department of Military 
3Affairs for members of the Illinois National Guard, (iii) a 
4letter from the Regional Reserve Command for members of the 
5Armed Forces Reserve, (iv) a letter from the Major Command 
6covering Illinois for active duty members, (v) personnel 
7records for mobilized State employees, and (vi) any other 
8documentation that the Department, by administrative rule, 
9deems acceptable to establish dates of mobilization or service 
10abroad. 
11 For the purposes of this Section, the term "service 
12abroad" means active duty service outside of the 50 United 
13States and the District of Columbia, and includes all active 
14duty service in territories and possessions of the United 
15States. 
16(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)






17 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



18 Sec. 3.2a. 
Every person holding any license, permit or 
19stamp issued under the
provisions hereof shall have it in his 
20possession for immediate
presentation for inspection to the 
21officers and authorized employees of
the Department, any 
22sheriff, deputy sheriff or any other peace officer making
a 
23demand for it.
This provision shall not apply to Department 
24owned or managed sites where
it is required that all hunters 
25deposit their license or , permit or Firearm
Owner's 
 
 
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1Identification Card at the check station upon entering the 
2hunting areas. 

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



4 Section 75. The Criminal Code of 2012 is amended by 
5changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
624-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
724-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
8adding Section 24-4.5 as follows:




9 (720 ILCS 5/2-7.1)



10 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
11"Firearm
"Firearm" and "firearm
ammunition" means any 
12self-contained cartridge or shotgun shell, by whatever name 
13known, which is designed to be used or adaptable to use in a 
14firearm; excluding, however:
15 (1) any ammunition exclusively designed for use with
a 
16device used exclusively for signaling or safety and required 
17or recommended by the United States Coast Guard or the 
18Interstate Commerce Commission; and
19 (2) any ammunition designed exclusively for use with
a 
20stud or rivet driver or other similar industrial ammunition

21have the meanings ascribed to them in Section 1.1 of the 
22Firearm
Owners Identification Card Act.

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





 
 
HB3197- 158 -LRB103 26878 RLC 53242 b


1 (720 ILCS 5/2-7.5)



2 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
3specific
Section, "firearm" means any device, by whatever name 
4known, which is designed to expel a projectile or projectiles 
5by the action of an explosion, expansion of gas or escape of 
6gas; excluding, however:
7 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
8gun which
expels a single globular projectile not exceeding 
9.18 inch in
diameter or which has a maximum muzzle velocity of 
10less than 700 feet
per second;
11 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
12B-B gun which expels breakable paint balls containing washable 
13marking colors; 
14 (2) any device used exclusively for signaling or
safety 
15and required or recommended by the United States Coast Guard 
16or the Interstate Commerce Commission;
17 (3) any device used exclusively for the firing of
stud 
18cartridges, explosive rivets, or similar industrial 
19ammunition; and
20 (4) an antique firearm (other than a machine-gun)
which, 
21although designed as a weapon, the Illinois State Police finds 
22by reason of the date of its manufacture, value, design, and 
23other characteristics is primarily a collector's item and is 
24not likely to be used as a weapon has the meaning ascribed to 
25it in Section 1.1 of the
Firearm Owners Identification Card 
26Act.

 
 
HB3197- 159 -LRB103 26878 RLC 53242 b


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



2 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


3 Sec. 12-3.05. Aggravated battery. 

4 (a) Offense based on injury. A person commits aggravated 
5battery when, in committing a battery, other than by the 
6discharge of a firearm, he or she knowingly does any of the 
7following:
8  (1) Causes great bodily harm or permanent disability 
9 or disfigurement.
10  (2) Causes severe and permanent disability, great 
11 bodily harm, or disfigurement by means of a caustic or 
12 flammable substance, a poisonous gas, a deadly biological 
13 or chemical contaminant or agent, a radioactive substance, 
14 or a bomb or explosive compound.
15  (3) Causes great bodily harm or permanent disability 
16 or disfigurement to an individual whom the person knows to 
17 be a peace officer, community policing volunteer, fireman, 
18 private security officer, correctional institution 
19 employee, or Department of Human Services employee 
20 supervising or controlling sexually dangerous persons or 
21 sexually violent persons:
22   (i) performing his or her official duties;
23   (ii) battered to prevent performance of his or her 
24 official duties; or
25   (iii) battered in retaliation for performing his 
 
 
HB3197- 160 -LRB103 26878 RLC 53242 b


1 or her official duties.
2  (4) Causes great bodily harm or permanent disability 
3 or disfigurement to an individual 60 years of age or 
4 older.
5  (5) Strangles another individual. 
6 (b) Offense based on injury to a child or person with an 
7intellectual disability. A person who is at least 18 years of 
8age commits aggravated battery when, in committing a battery, 
9he or she knowingly and without legal justification by any 
10means:
11  (1) causes great bodily harm or permanent disability 
12 or disfigurement to any child under the age of 13 years, or 
13 to any person with a severe or profound intellectual 
14 disability; or
15  (2) causes bodily harm or disability or disfigurement 
16 to any child under the age of 13 years or to any person 
17 with a severe or profound intellectual disability. 
18 (c) Offense based on location of conduct. A person commits 
19aggravated battery when, in committing a battery, other than 
20by the discharge of a firearm, he or she is or the person 
21battered is on or about a public way, public property, a public 
22place of accommodation or amusement, a sports venue, or a 
23domestic violence shelter, or in a church, synagogue, mosque, 
24or other building, structure, or place used for religious 
25worship.
26 (d) Offense based on status of victim. A person commits 
 
 
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1aggravated battery when, in committing a battery, other than 
2by discharge of a firearm, he or she knows the individual 
3battered to be any of the following:
4  (1) A person 60 years of age or older.
5  (2) A person who is pregnant or has a physical 
6 disability.
7  (3) A teacher or school employee upon school grounds 
8 or grounds adjacent to a school or in any part of a 
9 building used for school purposes.
10  (4) A peace officer, community policing volunteer, 
11 fireman, private security officer, correctional 
12 institution employee, or Department of Human Services 
13 employee supervising or controlling sexually dangerous 
14 persons or sexually violent persons:
15   (i) performing his or her official duties;
16   (ii) battered to prevent performance of his or her 
17 official duties; or
18   (iii) battered in retaliation for performing his 
19 or her official duties.
20  (5) A judge, emergency management worker, emergency 
21 medical services personnel, or utility worker:
22   (i) performing his or her official duties;
23   (ii) battered to prevent performance of his or her 
24 official duties; or
25   (iii) battered in retaliation for performing his 
26 or her official duties.
 
 
HB3197- 162 -LRB103 26878 RLC 53242 b


1  (6) An officer or employee of the State of Illinois, a 
2 unit of local government, or a school district, while 
3 performing his or her official duties.
4  (7) A transit employee performing his or her official 
5 duties, or a transit passenger.
6  (8) A taxi driver on duty.
7  (9) A merchant who detains the person for an alleged 
8 commission of retail theft under Section 16-26 of this 
9 Code and the person without legal justification by any 
10 means causes bodily harm to the merchant.
11  (10) A person authorized to serve process under 
12 Section 2-202 of the Code of Civil Procedure or a special 
13 process server appointed by the circuit court while that 
14 individual is in the performance of his or her duties as a 
15 process server.
16  (11) A nurse while in the performance of his or her 
17 duties as a nurse. 
18  (12) A merchant: (i) while performing his or her 
19 duties, including, but not limited to, relaying directions 
20 for healthcare or safety from his or her supervisor or 
21 employer or relaying health or safety guidelines, 
22 recommendations, regulations, or rules from a federal, 
23 State, or local public health agency; and (ii) during a 
24 disaster declared by the Governor, or a state of emergency 
25 declared by the mayor of the municipality in which the 
26 merchant is located, due to a public health emergency and 
 
 
HB3197- 163 -LRB103 26878 RLC 53242 b


1 for a period of 6 months after such declaration. 
2 (e) Offense based on use of a firearm. A person commits 
3aggravated battery when, in committing a battery, he or she 
4knowingly does any of the following:
5  (1) Discharges a firearm, other than a machine gun or 
6 a firearm equipped with a silencer, and causes any injury 
7 to another person.
8  (2) Discharges a firearm, other than a machine gun or 
9 a firearm equipped with a silencer, and causes any injury 
10 to a person he or she knows to be a peace officer, 
11 community policing volunteer, person summoned by a police 
12 officer, fireman, private security officer, correctional 
13 institution employee, or emergency management worker:
14   (i) performing his or her official duties;
15   (ii) battered to prevent performance of his or her 
16 official duties; or
17   (iii) battered in retaliation for performing his 
18 or her official duties.
19  (3) Discharges a firearm, other than a machine gun or 
20 a firearm equipped with a silencer, and causes any injury 
21 to a person he or she knows to be emergency medical 
22 services personnel:
23   (i) performing his or her official duties;
24   (ii) battered to prevent performance of his or her 
25 official duties; or
26   (iii) battered in retaliation for performing his 
 
 
HB3197- 164 -LRB103 26878 RLC 53242 b


1 or her official duties.
2  (4) Discharges a firearm and causes any injury to a 
3 person he or she knows to be a teacher, a student in a 
4 school, or a school employee, and the teacher, student, or 
5 employee is upon school grounds or grounds adjacent to a 
6 school or in any part of a building used for school 
7 purposes.
8  (5) Discharges a machine gun or a firearm equipped 
9 with a silencer, and causes any injury to another person.
10  (6) Discharges a machine gun or a firearm equipped 
11 with a silencer, and causes any injury to a person he or 
12 she knows to be a peace officer, community policing 
13 volunteer, person summoned by a police officer, fireman, 
14 private security officer, correctional institution 
15 employee or emergency management worker:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (7) Discharges a machine gun or a firearm equipped 
22 with a silencer, and causes any injury to a person he or 
23 she knows to be emergency medical services personnel:
24   (i) performing his or her official duties;
25   (ii) battered to prevent performance of his or her 
26 official duties; or
 
 
HB3197- 165 -LRB103 26878 RLC 53242 b


1   (iii) battered in retaliation for performing his 
2 or her official duties.
3  (8) Discharges a machine gun or a firearm equipped 
4 with a silencer, and causes any injury to a person he or 
5 she knows to be a teacher, or a student in a school, or a 
6 school employee, and the teacher, student, or employee is 
7 upon school grounds or grounds adjacent to a school or in 
8 any part of a building used for school purposes. 
9 (f) Offense based on use of a weapon or device. A person 
10commits aggravated battery when, in committing a battery, he 
11or she does any of the following:
12  (1) Uses a deadly weapon other than by discharge of a 
13 firearm, or uses an air rifle as defined in Section 
14 24.8-0.1 of this Code.
15  (2) Wears a hood, robe, or mask to conceal his or her 
16 identity.
17  (3) Knowingly and without lawful justification shines 
18 or flashes a laser gunsight or other laser device attached 
19 to a firearm, or used in concert with a firearm, so that 
20 the laser beam strikes upon or against the person of 
21 another.
22  (4) Knowingly video or audio records the offense with 
23 the intent to disseminate the recording. 
24 (g) Offense based on certain conduct. A person commits 
25aggravated battery when, other than by discharge of a firearm, 
26he or she does any of the following:
 
 
HB3197- 166 -LRB103 26878 RLC 53242 b


1  (1) Violates Section 401 of the Illinois Controlled 
2 Substances Act by unlawfully delivering a controlled 
3 substance to another and any user experiences great bodily 
4 harm or permanent disability as a result of the injection, 
5 inhalation, or ingestion of any amount of the controlled 
6 substance.
7  (2) Knowingly administers to an individual or causes 
8 him or her to take, without his or her consent or by threat 
9 or deception, and for other than medical purposes, any 
10 intoxicating, poisonous, stupefying, narcotic, 
11 anesthetic, or controlled substance, or gives to another 
12 person any food containing any substance or object 
13 intended to cause physical injury if eaten.
14  (3) Knowingly causes or attempts to cause a 
15 correctional institution employee or Department of Human 
16 Services employee to come into contact with blood, seminal 
17 fluid, urine, or feces by throwing, tossing, or expelling 
18 the fluid or material, and the person is an inmate of a 
19 penal institution or is a sexually dangerous person or 
20 sexually violent person in the custody of the Department 
21 of Human Services.
22 (h) Sentence. Unless otherwise provided, aggravated 
23battery is a Class 3 felony.
24 Aggravated battery as defined in subdivision (a)(4), 
25(d)(4), or (g)(3) is a Class 2 felony.
26 Aggravated battery as defined in subdivision (a)(3) or 
 
 
HB3197- 167 -LRB103 26878 RLC 53242 b


1(g)(1) is a Class 1 felony.
2 Aggravated battery as defined in subdivision (a)(1) is a 
3Class 1 felony when the aggravated battery was intentional and 
4involved the infliction of torture, as defined in paragraph 
5(14) of subsection (b) of Section 9-1 of this Code, as the 
6infliction of or subjection to extreme physical pain, 
7motivated by an intent to increase or prolong the pain, 
8suffering, or agony of the victim. 
9 Aggravated battery as defined in subdivision (a)(1) is a 
10Class 2 felony when the person causes great bodily harm or 
11permanent disability to an individual whom the person knows to 
12be a member of a congregation engaged in prayer or other 
13religious activities at a church, synagogue, mosque, or other 
14building, structure, or place used for religious worship. 
15 Aggravated battery under subdivision (a)(5) is a
Class 1 
16felony if:
17  (A) the person used or attempted to use a dangerous

18 instrument while committing the offense;
19  (B) the person caused great bodily harm or
permanent 
20 disability or disfigurement to the other
person while 
21 committing the offense; or
22  (C) the person has been previously convicted of a

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

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

25 state. 
26 Aggravated battery as defined in subdivision (e)(1) is a 
 
 
HB3197- 168 -LRB103 26878 RLC 53242 b


1Class X felony.
2 Aggravated battery as defined in subdivision (a)(2) is a 
3Class X felony for which a person shall be sentenced to a term 
4of imprisonment of a minimum of 6 years and a maximum of 45 
5years.
6 Aggravated battery as defined in subdivision (e)(5) is a 
7Class X felony for which a person shall be sentenced to a term 
8of imprisonment of a minimum of 12 years and a maximum of 45 
9years.
10 Aggravated battery as defined in subdivision (e)(2), 
11(e)(3), or (e)(4) is a Class X felony for which a person shall 
12be sentenced to a term of imprisonment of a minimum of 15 years 
13and a maximum of 60 years.
14 Aggravated battery as defined in subdivision (e)(6), 
15(e)(7), or (e)(8) is a Class X felony for which a person shall 
16be sentenced to a term of imprisonment of a minimum of 20 years 
17and a maximum of 60 years.
18 Aggravated battery as defined in subdivision (b)(1) is a 
19Class X felony, except that:
20  (1) if the person committed the offense while armed 
21 with a firearm, 15 years shall be added to the term of 
22 imprisonment imposed by the court;
23  (2) if, during the commission of the offense, the 
24 person personally discharged a firearm, 20 years shall be 
25 added to the term of imprisonment imposed by the court;
26  (3) if, during the commission of the offense, the 
 
 
HB3197- 169 -LRB103 26878 RLC 53242 b


1 person personally discharged a firearm that proximately 
2 caused great bodily harm, permanent disability, permanent 
3 disfigurement, or death to another person, 25 years or up 
4 to a term of natural life shall be added to the term of 
5 imprisonment imposed by the court.
6 (i) Definitions. In this Section:
7 "Building or other structure used to provide shelter" has 
8the meaning ascribed to "shelter" in Section 1 of the Domestic 
9Violence Shelters Act.
10 "Domestic violence" has the meaning ascribed to it in 
11Section 103 of the Illinois Domestic Violence Act of 1986.
12 "Domestic violence shelter" means any building or other 
13structure used to provide shelter or other services to victims 
14or to the dependent children of victims of domestic violence 
15pursuant to the Illinois Domestic Violence Act of 1986 or the 
16Domestic Violence Shelters Act, or any place within 500 feet 
17of such a building or other structure in the case of a person 
18who is going to or from such a building or other structure.
19 "Firearm" has the meaning provided under Section 2-7.5 of 
20this Code 1.1
of the Firearm Owners Identification Card Act, 
21and does
not include an air rifle as defined by Section 
2224.8-0.1 of this Code. 
23 "Machine gun" has the meaning ascribed to it in Section 
2424-1 of this Code.
25 "Merchant" has the meaning ascribed to it in Section 
2616-0.1 of this Code. 
 
 
HB3197- 170 -LRB103 26878 RLC 53242 b


1 "Strangle" means
intentionally impeding the normal 
2breathing or circulation of the blood of an individual by 
3applying pressure on the throat
or neck of that individual or 
4by blocking the nose or mouth of
that individual. 

5(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)


6 (720 ILCS 5/16-0.1)
7 Sec. 16-0.1. Definitions. In this Article, unless the 
8context clearly requires otherwise, the following terms are 
9defined as indicated:
10 "Access" means to use, instruct, communicate with, store 
11data in, retrieve or intercept data from, or otherwise utilize 
12any services of a computer.
13 "Coin-operated machine" includes any automatic vending 
14machine or any part thereof, parking meter, coin telephone, 
15coin-operated transit turnstile, transit fare box, coin 
16laundry machine, coin dry cleaning machine, amusement machine, 
17music machine, vending machine dispensing goods or services, 
18or money changer.
19 "Communication device" means any type of instrument, 
20device, machine, or equipment which is capable of 
21transmitting, acquiring, decrypting, or receiving any 
22telephonic, electronic, data, Internet access, audio, video, 
23microwave, or radio transmissions, signals, communications, or 
24services, including the receipt, acquisition, transmission, or 
25decryption of all such communications, transmissions, signals, 
 
 
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1or services provided by or through any cable television, fiber 
2optic, telephone, satellite, microwave, radio, Internet-based, 
3data transmission, or wireless distribution network, system or 
4facility; or any part, accessory, or component thereof, 
5including any computer circuit, security module, smart card, 
6software, computer chip, electronic mechanism or other 
7component, accessory or part of any communication device which 
8is capable of facilitating the transmission, decryption, 
9acquisition or reception of all such communications, 
10transmissions, signals, or services.
11 "Communication service" means any service lawfully 
12provided for a charge or compensation to facilitate the lawful 
13origination, transmission, emission, or reception of signs, 
14signals, data, writings, images, and sounds or intelligence of 
15any nature by telephone, including cellular telephones or a 
16wire, wireless, radio, electromagnetic, photo-electronic or 
17photo-optical system; and also any service lawfully provided 
18by any radio, telephone, cable television, fiber optic, 
19satellite, microwave, Internet-based or wireless distribution 
20network, system, facility or technology, including, but not 
21limited to, any and all electronic, data, video, audio, 
22Internet access, telephonic, microwave and radio 
23communications, transmissions, signals and services, and any 
24such communications, transmissions, signals and services 
25lawfully provided directly or indirectly by or through any of 
26those networks, systems, facilities or technologies.
 
 
HB3197- 172 -LRB103 26878 RLC 53242 b


1 "Communication service provider" means: (1) any person or 
2entity providing any communication service, whether directly 
3or indirectly, as a reseller, including, but not limited to, a 
4cellular, paging or other wireless communications company or 
5other person or entity which, for a fee, supplies the 
6facility, cell site, mobile telephone switching office or 
7other equipment or communication service; (2) any person or 
8entity owning or operating any cable television, fiber optic, 
9satellite, telephone, wireless, microwave, radio, data 
10transmission or Internet-based distribution network, system or 
11facility; and (3) any person or entity providing any 
12communication service directly or indirectly by or through any 
13such distribution system, network or facility.
14 "Computer" means a device that accepts, processes, stores, 
15retrieves or outputs data, and includes but is not limited to 
16auxiliary storage and telecommunications devices connected to 
17computers.
18 "Continuing
course of conduct" means a series of acts, and 
19the accompanying
mental state necessary for the crime in 
20question, irrespective
of whether the series of acts are 
21continuous or intermittent. 
22 "Delivery container" means any bakery basket of wire or 
23plastic used to transport or store bread or bakery products, 
24any dairy case of wire or plastic used to transport or store 
25dairy products, and any dolly or cart of 2 or 4 wheels used to 
26transport or store any bakery or dairy product.
 
 
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1 "Document-making implement" means any implement, 
2impression, template, computer file, computer disc, electronic 
3device, computer hardware, computer software, instrument, or 
4device that is used to make a real or fictitious or fraudulent 
5personal identification document.
6 "Financial transaction device" means any of the following:
7  (1) An electronic funds transfer card.
8  (2) A credit card.
9  (3) A debit card.
10  (4) A point-of-sale card.
11  (5) Any instrument, device, card, plate, code, account 
12 number, personal identification number, or a record or 
13 copy of a code, account number, or personal identification 
14 number or other means of access to a credit account or 
15 deposit account, or a driver's license or State 
16 identification card used to access a proprietary account, 
17 other than access originated solely by a paper instrument, 
18 that can be used alone or in conjunction with another 
19 access device, for any of the following purposes:
20   (A) Obtaining money, cash refund or credit 
21 account, credit, goods, services, or any other thing 
22 of value.
23   (B) Certifying or guaranteeing to a person or 
24 business the availability to the device holder of 
25 funds on deposit to honor a draft or check payable to 
26 the order of that person or business.
 
 
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1   (C) Providing the device holder access to a 
2 deposit account for the purpose of making deposits, 
3 withdrawing funds, transferring funds between deposit 
4 accounts, obtaining information pertaining to a 
5 deposit account, or making an electronic funds 
6 transfer.
7 "Full retail value" means the merchant's stated or 
8advertised price of the merchandise. "Full
retail value" 
9includes the aggregate value of property obtained
from retail 
10thefts committed by the same person as part of a
continuing 
11course of conduct from one or more mercantile
establishments 
12in a single transaction or in separate
transactions over a 
13period of one year.
14 "Internet" means an interactive computer service or system 
15or an information service, system, or access software provider 
16that provides or enables computer access by multiple users to 
17a computer server, and includes, but is not limited to, an 
18information service, system, or access software provider that 
19provides access to a network system commonly known as the 
20Internet, or any comparable system or service and also 
21includes, but is not limited to, a World Wide Web page, 
22newsgroup, message board, mailing list, or chat area on any 
23interactive computer service or system or other online 
24service.
25 "Library card" means a card or plate issued by a library 
26facility for purposes of identifying the person to whom the 
 
 
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1library card was issued as authorized to borrow library 
2material, subject to all limitations and conditions imposed on 
3the borrowing by the library facility issuing such card.
4 "Library facility" includes any public library or museum, 
5or any library or museum of an educational, historical or 
6eleemosynary institution, organization or society.
7 "Library material" includes any book, plate, picture, 
8photograph, engraving, painting, sculpture, statue, artifact, 
9drawing, map, newspaper, pamphlet, broadside, magazine, 
10manuscript, document, letter, microfilm, sound recording, 
11audiovisual material, magnetic or other tape, electronic data 
12processing record or other documentary, written or printed 
13material regardless of physical form or characteristics, or 
14any part thereof, belonging to, or on loan to or otherwise in 
15the custody of a library facility.
16 "Manufacture or assembly of an unlawful access device" 
17means to make, produce or assemble an unlawful access device 
18or to modify, alter, program or re-program any instrument, 
19device, machine, equipment or software so that it is capable 
20of defeating or circumventing any technology, device or 
21software used by the provider, owner or licensee of a 
22communication service or of any data, audio or video programs 
23or transmissions to protect any such communication, data, 
24audio or video services, programs or transmissions from 
25unauthorized access, acquisition, disclosure, receipt, 
26decryption, communication, transmission or re-transmission.
 
 
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1 "Manufacture or assembly of an unlawful communication 
2device" means to make, produce or assemble an unlawful 
3communication or wireless device or to modify, alter, program 
4or reprogram a communication or wireless device to be capable 
5of acquiring, disrupting, receiving, transmitting, decrypting, 
6or facilitating the acquisition, disruption, receipt, 
7transmission or decryption of, a communication service without 
8the express consent or express authorization of the 
9communication service provider, or to knowingly assist others 
10in those activities.
11 "Master sound recording" means the original physical 
12object on which a given set of sounds were first recorded and 
13which the original object from which all subsequent sound 
14recordings embodying the same set of sounds are directly or 
15indirectly derived.
16 "Merchandise" means any item of tangible personal 
17property, including motor fuel.
18 "Merchant" means an owner or operator of any retail 
19mercantile establishment or any agent, employee, lessee, 
20consignee, officer, director, franchisee, or independent 
21contractor of the owner or operator. "Merchant" also means a 
22person who receives from an authorized user of a payment card, 
23or someone the person believes to be an authorized user, a 
24payment card or information from a payment card, or what the 
25person believes to be a payment card or information from a 
26payment card, as the instrument for obtaining, purchasing or 
 
 
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1receiving goods, services, money, or anything else of value 
2from the person.
3 "Motor fuel" means a liquid, regardless of its properties, 
4used to propel a vehicle, including gasoline and diesel.
5 "Online" means the use of any electronic or wireless 
6device to access the Internet.
7 "Payment card" means a credit card, charge card, debit 
8card, or any other card that is issued to an authorized card 
9user and that allows the user to obtain, purchase, or receive 
10goods, services, money, or anything else of value from a 
11merchant.
12 "Person with a disability" means a person who
suffers from 
13a physical or mental impairment resulting from
disease, 
14injury, functional disorder or congenital condition that 
15impairs the
individual's mental or physical ability to 
16independently manage his or her
property or financial 
17resources, or both. 
18 "Personal identification document" means a birth 
19certificate, a driver's license, a State identification card, 
20a public, government, or private employment identification 
21card, a social security card, a license issued under the 
22Firearm Concealed Carry Act firearm owner's identification 
23card, a credit card, a debit card, or a passport issued to or 
24on behalf of a person other than the offender, or any document 
25made or issued, or falsely purported to have been made or 
26issued, by or under the authority of the United States 
 
 
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1Government, the State of Illinois, or any other state 
2political subdivision of any state, or any other governmental 
3or quasi-governmental organization that is of a type intended 
4for the purpose of identification of an individual, or any 
5such document made or altered in a manner that it falsely 
6purports to have been made on behalf of or issued to another 
7person or by the authority of one who did not give that 
8authority.
9 "Personal identifying information" means any of the 
10following information:
11  (1) A person's name.
12  (2) A person's address.
13  (3) A person's date of birth.
14  (4) A person's telephone number.
15  (5) A person's driver's license number or State of 
16 Illinois identification card as assigned by the Secretary 
17 of State of the State of Illinois or a similar agency of 
18 another state.
19  (6) A person's social security number.
20  (7) A person's public, private, or government 
21 employer, place of employment, or employment 
22 identification number.
23  (8) The maiden name of a person's mother.
24  (9) The number assigned to a person's depository 
25 account, savings account, or brokerage account.
26  (10) The number assigned to a person's credit or debit 
 
 
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1 card, commonly known as a "Visa Card", "MasterCard", 
2 "American Express Card", "Discover Card", or other similar 
3 cards whether issued by a financial institution, 
4 corporation, or business entity.
5  (11) Personal identification numbers.
6  (12) Electronic identification numbers.
7  (13) Digital signals.
8  (14) User names, passwords, and any other word, 
9 number, character or combination of the same usable in 
10 whole or part to access information relating to a specific 
11 individual, or to the actions taken, communications made 
12 or received, or other activities or transactions of a 
13 specific individual.
14  (15) Any other numbers or information which can be 
15 used to access a person's financial resources, or to 
16 identify a specific individual, or the actions taken, 
17 communications made or received, or other activities or 
18 transactions of a specific individual.
19 "Premises of a retail mercantile establishment" includes, 
20but is not limited to, the retail mercantile establishment; 
21any common use areas in shopping centers; and all parking 
22areas set aside by a merchant or on behalf of a merchant for 
23the parking of vehicles for the convenience of the patrons of 
24such retail mercantile establishment.
25 "Public water, gas, or power supply, or other public 
26services" mean any service subject to regulation by the 
 
 
HB3197- 180 -LRB103 26878 RLC 53242 b


1Illinois Commerce Commission; any service furnished by a 
2public utility that is owned and operated by any political 
3subdivision, public institution of higher education or 
4municipal corporation of this State; any service furnished by 
5any public utility that is owned by such political 
6subdivision, public institution of higher education, or 
7municipal corporation and operated by any of its lessees or 
8operating agents; any service furnished by an electric 
9cooperative as defined in Section 3.4 of the Electric Supplier 
10Act; or wireless service or other service regulated by the 
11Federal Communications Commission.
12 "Publish" means to communicate or disseminate information 
13to any one or more persons, either orally, in person, or by 
14telephone, radio or television or in writing of any kind, 
15including, without limitation, a letter or memorandum, 
16circular or handbill, newspaper or magazine article or book.
17 "Radio frequency identification device" means any 
18implement, computer file, computer disc, electronic device, 
19computer hardware, computer software, or instrument that is 
20used to activate, read, receive, or decode information stored 
21on a RFID tag or transponder attached to a personal 
22identification document. 
23 "RFID tag or transponder" means a chip or device that 
24contains personal identifying information from which the 
25personal identifying information can be read or decoded by 
26another device emitting a radio frequency that activates or 
 
 
HB3197- 181 -LRB103 26878 RLC 53242 b


1powers a radio frequency emission response from the chip or 
2transponder. 
3 "Reencoder" means an electronic device that places encoded 
4information from the magnetic strip or stripe of a payment 
5card onto the magnetic strip or stripe of a different payment 
6card.
7 "Retail mercantile establishment" means any place where 
8merchandise is displayed, held, stored or offered for sale to 
9the public.
10 "Scanning device" means a scanner, reader, or any other 
11electronic device that is used to access, read, scan, obtain, 
12memorize, or store, temporarily or permanently, information 
13encoded on the magnetic strip or stripe of a payment card.
14 "Shopping cart" means those push carts of the type or 
15types which are commonly provided by grocery stores, drug 
16stores or other retail mercantile establishments for the use 
17of the public in transporting commodities in stores and 
18markets and, incidentally, from the stores to a place outside 
19the store.
20 "Sound or audio visual recording" means any sound or audio 
21visual phonograph record, disc, pre-recorded tape, film, wire, 
22magnetic tape or other object, device or medium, now known or 
23hereafter invented, by which sounds or images may be 
24reproduced with or without the use of any additional machine, 
25equipment or device.
26 "Stored value card" means any card, gift card, instrument, 
 
 
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1or device issued with or without fee for the use of the 
2cardholder to obtain money, goods, services, or anything else 
3of value. Stored value cards include, but are not limited to, 
4cards issued for use as a stored value card or gift card, and 
5an account identification number or symbol used to identify a 
6stored value card. "Stored value card" does not include a 
7prepaid card usable at multiple, unaffiliated merchants or at 
8automated teller machines, or both. "Stored value card" shall 
9only apply to Section 16-25.1 of this Act. 
10 "Theft detection device remover" means any tool or device 
11specifically designed and intended to be used to remove any 
12theft detection device from any merchandise.
13 "Under-ring" means to cause the cash register or other 
14sales recording device to reflect less than the full retail 
15value of the merchandise.
16 "Unidentified sound or audio visual recording" means a 
17sound or audio visual recording without the actual name and 
18full and correct street address of the manufacturer, and the 
19name of the actual performers or groups prominently and 
20legibly printed on the outside cover or jacket and on the label 
21of such sound or audio visual recording.
22 "Unlawful access device" means any type of instrument, 
23device, machine, equipment, technology, or software which is 
24primarily possessed, used, designed, assembled, manufactured, 
25sold, distributed or offered, promoted or advertised for the 
26purpose of defeating or circumventing any technology, device 
 
 
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1or software, or any component or part thereof, used by the 
2provider, owner or licensee of any communication service or of 
3any data, audio or video programs or transmissions to protect 
4any such communication, audio or video services, programs or 
5transmissions from unauthorized access, acquisition, receipt, 
6decryption, disclosure, communication, transmission or 
7re-transmission.
8 "Unlawful communication device" means any electronic 
9serial number, mobile identification number, personal 
10identification number or any communication or wireless device 
11that is capable of acquiring or facilitating the acquisition 
12of a communication service without the express consent or 
13express authorization of the communication service provider, 
14or that has been altered, modified, programmed or 
15reprogrammed, alone or in conjunction with another 
16communication or wireless device or other equipment, to so 
17acquire or facilitate the unauthorized acquisition of a 
18communication service. "Unlawful communication device" also 
19means:
20  (1) any phone altered to obtain service without the 
21 express consent or express authorization of the 
22 communication service provider, tumbler phone, counterfeit 
23 or clone phone, tumbler microchip, counterfeit or clone 
24 microchip, scanning receiver of wireless communication 
25 service or other instrument capable of disguising its 
26 identity or location or of gaining unauthorized access to 
 
 
HB3197- 184 -LRB103 26878 RLC 53242 b


1 a communications or wireless system operated by a 
2 communication service provider; and
3  (2) any communication or wireless device which is 
4 capable of, or has been altered, designed, modified, 
5 programmed or reprogrammed, alone or in conjunction with 
6 another communication or wireless device or devices, so as 
7 to be capable of, facilitating the disruption, 
8 acquisition, receipt, transmission or decryption of a 
9 communication service without the express consent or 
10 express authorization of the communication service 
11 provider, including, but not limited to, any device, 
12 technology, product, service, equipment, computer software 
13 or component or part thereof, primarily distributed, sold, 
14 designed, assembled, manufactured, modified, programmed, 
15 reprogrammed or used for the purpose of providing the 
16 unauthorized receipt of, transmission of, disruption of, 
17 decryption of, access to or acquisition of any 
18 communication service provided by any communication 
19 service provider.
20 "Vehicle" means a motor vehicle, motorcycle, or farm 
21implement that is self-propelled and that uses motor fuel for 
22propulsion.
23 "Wireless device" includes any type of instrument, device, 
24machine, or
equipment that is capable of transmitting or 
25receiving telephonic, electronic
or
radio communications, or 
26any part of such instrument, device, machine, or
equipment, or 
 
 
HB3197- 185 -LRB103 26878 RLC 53242 b


1any computer circuit, computer chip, electronic mechanism, or

2other component that is capable of facilitating the 
3transmission or reception
of telephonic, electronic, or radio 
4communications. 

5(Source: P.A. 102-757, eff. 5-13-22.)




6 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



7 Sec. 17-30. Defaced, altered, or removed manufacturer or 
8owner identification number.  
9 (a) Unlawful sale of household appliances. A person 
10commits unlawful
sale of household
appliances when he or she 
11knowingly, with the intent to defraud or deceive
another, 
12keeps for sale, within any commercial
context, any household 
13appliance with a missing, defaced, obliterated, or
otherwise 
14altered manufacturer's identification number.

15 (b) Construction equipment identification defacement. A 
16person commits construction equipment identification 
17defacement when he or she knowingly changes,
alters, removes, 
18mutilates, or
obliterates a permanently affixed serial number, 
19product identification number,
part number, component 
20identification number, owner-applied identification,
or other 
21mark of identification attached to or stamped, inscribed, 
22molded,
or etched into a machine or other equipment, whether 
23stationary or mobile
or self-propelled, or a part of such 
24machine or equipment, used in the construction,
maintenance, 
25or demolition of buildings, structures, bridges, tunnels, 
 
 
HB3197- 186 -LRB103 26878 RLC 53242 b


1sewers,
utility pipes or lines, ditches or open cuts, roads, 
2highways, dams, airports,
or waterways or in material handling 
3for such projects. 
4 The trier of fact may infer that the defendant has 
5knowingly changed, altered, removed, or obliterated the serial 
6number, product identification number, part number, component 
7identification number, owner-applied identification number, or 
8other mark of identification, if the defendant was in 
9possession of any machine or other equipment or a part of such 
10machine
or equipment used in the construction, maintenance, or 
11demolition of buildings,
structures, bridges, tunnels, sewers, 
12utility pipes or lines, ditches or
open cuts, roads, highways, 
13dams, airports, or waterways or in material handling
for such 
14projects upon which any such serial number, product 
15identification
number, part number, component identification 
16number, owner-applied identification
number, or other mark of 
17identification has been changed, altered,
removed, or 
18obliterated. 
19 (c) Defacement of manufacturer's serial number or 
20identification mark. A person commits defacement of a 
21manufacturer's serial number or identification mark when he or 
22she knowingly removes, alters, defaces, covers, or destroys 
23the
manufacturer's serial number or any other manufacturer's 
24number or
distinguishing identification mark upon any machine 
25or other article of
merchandise, other than a motor vehicle as 
26defined in Section 1-146 of the
Illinois Vehicle Code or a 
 
 
HB3197- 187 -LRB103 26878 RLC 53242 b


1firearm as defined in the Firearm Owners Identification Card 
2Act, with the intent of concealing or destroying the
identity 
3of such machine or other article of merchandise. 
4 (d) Sentence.
5  (1) A violation of subsection (a) of this Section is a 
6 Class 4 felony if the value
of the appliance or appliances 
7 exceeds $1,000 and a Class B misdemeanor if
the value of 
8 the appliance or appliances is $1,000 or less.

9  (2) A violation of subsection (b) of this Section is a 
10 Class A misdemeanor.
11  (3) A violation of subsection (c) of this Section is a 
12 Class B misdemeanor. 
13 (e) No liability shall be imposed upon any person for the 
14unintentional
failure to comply with subsection (a).

15 (f) Definitions. In this Section:
16 "Commercial context" means a continuing business 
17enterprise conducted
for profit by any person whose primary 
18business is the wholesale or retail
marketing of household 
19appliances, or a significant portion of whose business
or 
20inventory consists of household appliances
kept or sold on a 
21wholesale or retail basis.
22 "Household appliance" means any gas or electric device or 
23machine
marketed for use as home entertainment or for 
24facilitating or expediting
household tasks or chores. The term 
25shall include but not necessarily be
limited to refrigerators, 
26freezers, ranges, radios, television sets, vacuum
cleaners, 
 
 
HB3197- 188 -LRB103 26878 RLC 53242 b


1toasters, dishwashers, and other similar household items.
2 "Manufacturer's identification number" means any serial 
3number or
other similar numerical or alphabetical designation 
4imprinted upon or attached
to or placed, stamped, or otherwise 
5imprinted upon or attached to a household
appliance or item by 
6the manufacturer for purposes of identifying a particular

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




9 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

11 (a) A person commits the offense of unlawful use of 
12weapons when
he knowingly:

13  (1) Sells, manufactures, purchases, possesses or 
14 carries any bludgeon,
black-jack, slung-shot, sand-club, 
15 sand-bag, metal knuckles or other knuckle weapon 
16 regardless of its composition, throwing star,
or any 
17 knife, commonly referred to as a switchblade knife, which 
18 has a
blade that opens automatically by hand pressure 
19 applied to a button,
spring or other device in the handle 
20 of the knife, or a ballistic knife,
which is a device that 
21 propels a knifelike blade as a projectile by means
of a 
22 coil spring, elastic material or compressed gas; or

23  (2) Carries or possesses with intent to use the same 
24 unlawfully
against another, a dagger, dirk, billy, 
25 dangerous knife, razor,
stiletto, broken bottle or other 
 
 
HB3197- 189 -LRB103 26878 RLC 53242 b


1 piece of glass, stun gun or taser or
any other dangerous or 
2 deadly weapon or instrument of like character; or

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

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

19 this subsection (a)(4) does not apply to or affect 
20 transportation of weapons
that meet one of the following 
21 conditions:

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

23   (ii) are not immediately accessible; or

24   (iii) are unloaded and enclosed in a case, firearm 
25 carrying box,
shipping box, or other container by a 
26 person eligible under State and federal law to possess 
 
 
HB3197- 190 -LRB103 26878 RLC 53242 b


1 a firearm who has been issued a currently
valid 
2 Firearm Owner's
Identification Card; or
3   (iv) are carried or possessed in accordance with 
4 the Firearm Concealed Carry Act by a person who has 
5 been issued a currently valid license under the 
6 Firearm Concealed Carry Act; or 

7  (5) Sets a spring gun; or

8  (6) Possesses any device or attachment of any kind 
9 designed, used or
intended for use in silencing the report 
10 of any firearm; or

11  (7) Sells, manufactures, purchases, possesses or 
12 carries:

13   (i) a machine gun, which shall be defined for the 
14 purposes of this
subsection as any weapon,
which 
15 shoots, is designed to shoot, or can be readily 
16 restored to shoot,
automatically more than one shot 
17 without manually reloading by a single
function of the 
18 trigger, including the frame or receiver
of any such 
19 weapon, or sells, manufactures, purchases, possesses, 
20 or
carries any combination of parts designed or 
21 intended for
use in converting any weapon into a 
22 machine gun, or any combination or
parts from which a 
23 machine gun can be assembled if such parts are in the

24 possession or under the control of a person;

25   (ii) any rifle having one or
more barrels less 
26 than 16 inches in length or a shotgun having one or 
 
 
HB3197- 191 -LRB103 26878 RLC 53242 b


1 more
barrels less than 18 inches in length or any 
2 weapon made from a rifle or
shotgun, whether by 
3 alteration, modification, or otherwise, if such a 
4 weapon
as modified has an overall length of less than 
5 26 inches; or

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

11  (8) Carries or possesses any firearm, stun gun or 
12 taser or other
deadly weapon in any place which is 
13 licensed to sell intoxicating
beverages, or at any public 
14 gathering held pursuant to a license issued
by any 
15 governmental body or any public gathering at which an 
16 admission
is charged, excluding a place where a showing, 
17 demonstration or lecture
involving the exhibition of 
18 unloaded firearms is conducted.

19  This subsection (a)(8) does not apply to any auction 
20 or raffle of a firearm
held pursuant to
a license or permit 
21 issued by a governmental body, nor does it apply to 
22 persons
engaged
in firearm safety training courses; or

23  (9) Carries or possesses in a vehicle or on or about 
24 his or her person any
pistol, revolver, stun gun or taser 
25 or firearm or ballistic knife, when
he or she is hooded, 
26 robed or masked in such manner as to conceal his or her 
 
 
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1 identity; or

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

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

16   (ii) are not immediately accessible; or

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

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

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

12  (11) Sells, manufactures, delivers, imports, 
13 possesses, or purchases any assault weapon attachment or 
14 .50 caliber cartridge in violation of Section 24-1.9 or 
15 any explosive bullet. For purposes
of this paragraph (a) 
16 "explosive bullet" means the projectile portion of
an 
17 ammunition cartridge which contains or carries an 
18 explosive charge which
will explode upon contact with the 
19 flesh of a human or an animal.
"Cartridge" means a tubular 
20 metal case having a projectile affixed at the
front 
21 thereof and a cap or primer at the rear end thereof, with 
22 the
propellant contained in such tube between the 
23 projectile and the cap; or

24  (12) (Blank); or

25  (13) Carries or possesses on or about his or her 
26 person while in a building occupied by a unit of 
 
 
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1 government, a billy club, other weapon of like character, 
2 or other instrument of like character intended for use as 
3 a weapon. For the purposes of this Section, "billy club" 
4 means a short stick or club commonly carried by police 
5 officers which is either telescopic or constructed of a 
6 solid piece of wood or other man-made material; or
7  (14) Manufactures, possesses, sells, or offers to 
8 sell, purchase, manufacture, import, transfer, or use any 
9 device, part, kit, tool, accessory, or combination of 
10 parts that is designed to and functions to increase the 
11 rate of fire of a semiautomatic firearm above the standard 
12 rate of fire for semiautomatic firearms that is not 
13 equipped with that device, part, or combination of parts; 
14 or
15  (15) Carries or possesses any assault weapon or .50 
16 caliber rifle in violation of Section 24-1.9; or
17  (16) Manufactures, sells, delivers, imports, or 
18 purchases any assault weapon or .50 caliber rifle in 
19 violation of Section 24-1.9. 
20 (b) Sentence. A person convicted of a violation of 
21subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

22subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
23commits a Class A
misdemeanor.
A person convicted of a 
24violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a

25Class 4 felony; a person
convicted of a violation of 
26subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
 
 
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124-1(a)(16)
commits a Class 3 felony. A person convicted of a 
2violation of subsection
24-1(a)(7)(i) commits a Class 2 felony 
3and shall be sentenced to a term of imprisonment of not less 
4than 3 years and not more than 7 years, unless the weapon is 
5possessed in the
passenger compartment of a motor vehicle as 
6defined in Section 1-146 of the
Illinois Vehicle Code, or on 
7the person, while the weapon is loaded, in which
case it shall 
8be a Class X felony. A person convicted of a
second or 
9subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

1024-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 
11felony. A person convicted of a violation of subsection 
1224-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
13possession of each weapon or device in violation of this 
14Section constitutes a single and separate violation.

15 (c) Violations in specific places.

16  (1) A person who violates subsection 24-1(a)(6) or 
17 24-1(a)(7) in any
school, regardless of the time of day or 
18 the time of year, in residential
property owned, operated 
19 or managed by a public housing agency or
leased by
a public 
20 housing agency as part of a scattered site or mixed-income

21 development, in a
public park, in a courthouse, on the 
22 real property comprising any school,
regardless of the

23 time of day or the time of year, on residential property 
24 owned, operated
or
managed by a public housing agency
or 
25 leased by a public housing agency as part of a scattered 
26 site or
mixed-income development,
on the real property 
 
 
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1 comprising any
public park, on the real property 
2 comprising any courthouse, in any conveyance
owned, leased 
3 or contracted by a school to
transport students to or from 
4 school or a school related activity, in any conveyance

5 owned, leased, or contracted by a public transportation 
6 agency, or on any
public way within 1,000 feet of the real 
7 property comprising any school,
public park, courthouse, 
8 public transportation facility, or residential property 
9 owned, operated, or managed
by a public housing agency
or 
10 leased by a public housing agency as part of a scattered 
11 site or
mixed-income development
commits a Class 2 felony 
12 and shall be sentenced to a term of imprisonment of not 
13 less than 3 years and not more than 7 years.

14  (1.5) A person who violates subsection 24-1(a)(4), 
15 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
16 the time of day or the time of year,
in residential 
17 property owned, operated, or managed by a public
housing

18 agency
or leased by a public housing agency as part of a 
19 scattered site or
mixed-income development,
in
a public

20 park, in a courthouse, on the real property comprising any 
21 school, regardless
of the time of day or the time of year, 
22 on residential property owned,
operated, or managed by a 
23 public housing agency
or leased by a public housing agency 
24 as part of a scattered site or
mixed-income development,

25 on the real property
comprising any public park, on the 
26 real property comprising any courthouse, in
any conveyance 
 
 
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1 owned, leased, or contracted by a school to transport 
2 students
to or from school or a school related activity, 
3 in any conveyance
owned, leased, or contracted by a public 
4 transportation agency, or on any public way within
1,000 
5 feet of the real property comprising any school, public 
6 park, courthouse,
public transportation facility, or 
7 residential property owned, operated, or managed by a 
8 public
housing agency
or leased by a public housing agency 
9 as part of a scattered site or
mixed-income development

10 commits a Class 3 felony.

11  (2) A person who violates subsection 24-1(a)(1), 
12 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
13 time of day or the time of year, in
residential property 
14 owned, operated or managed by a public housing
agency
or 
15 leased by a public housing agency as part of a scattered 
16 site or
mixed-income development,
in
a public park, in a 
17 courthouse, on the real property comprising any school,

18 regardless of the time of day or the time of year, on 
19 residential property
owned, operated or managed by a 
20 public housing agency
or leased by a public housing agency 
21 as part of a scattered site or
mixed-income development,

22 on the real property
comprising any public park, on the 
23 real property comprising any courthouse, in
any conveyance 
24 owned, leased or contracted by a school to transport 
25 students
to or from school or a school related activity, 
26 in any conveyance
owned, leased, or contracted by a public 
 
 
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1 transportation agency, or on any public way within
1,000 
2 feet of the real property comprising any school, public 
3 park, courthouse,
public transportation facility, or 
4 residential property owned, operated, or managed by a 
5 public
housing agency or leased by a public housing agency 
6 as part of a scattered
site or mixed-income development 
7 commits a Class 4 felony. "Courthouse"
means any building 
8 that is used by the Circuit, Appellate, or Supreme Court 
9 of
this State for the conduct of official business.

10  (3) Paragraphs (1), (1.5), and (2) of this subsection 
11 (c) shall not
apply to law
enforcement officers or 
12 security officers of such school, college, or
university 
13 or to students carrying or possessing firearms for use in 
14 training
courses, parades, hunting, target shooting on 
15 school ranges, or otherwise with
the consent of school 
16 authorities and which firearms are transported unloaded

17 enclosed in a suitable case, box, or transportation 
18 package.

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

22  (5) For the purposes of this subsection (c), "public 
23 transportation agency" means a public or private agency 
24 that provides for the transportation or conveyance of

25 persons by means available to the general public, except 
26 for transportation
by automobiles not used for conveyance 
 
 
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1 of the general public as passengers; and "public 
2 transportation facility" means a terminal or other place

3 where one may obtain public transportation.

4 (d) The presence in an automobile other than a public 
5omnibus of any
weapon, instrument or substance referred to in 
6subsection (a)(7) is
prima facie evidence that it is in the 
7possession of, and is being
carried by, all persons occupying 
8such automobile at the time such
weapon, instrument or 
9substance is found, except under the following
circumstances: 
10(i) if such weapon, instrument or instrumentality is
found 
11upon the person of one of the occupants therein; or (ii) if 
12such
weapon, instrument or substance is found in an automobile 
13operated for
hire by a duly licensed driver in the due, lawful 
14and proper pursuit of
his or her trade, then such presumption 
15shall not apply to the driver.

16 (e) Exemptions.
17  (1) Crossbows, Common or Compound bows and Underwater

18 Spearguns are exempted from the definition of ballistic 
19 knife as defined in
paragraph (1) of subsection (a) of 
20 this Section.
21  (2) The provision of paragraph (1) of subsection (a) 
22 of this Section prohibiting the sale, manufacture, 
23 purchase, possession, or carrying of any knife, commonly 
24 referred to as a switchblade knife, which has a
blade that 
25 opens automatically by hand pressure applied to a button,

26 spring or other device in the handle of the knife, does not 
 
 
HB3197- 200 -LRB103 26878 RLC 53242 b


1 apply to a person eligible under State and federal law to 
2 possess a firearm who possesses a currently valid Firearm 
3 Owner's Identification Card previously issued in his or 
4 her name by the Illinois State Police or to a person or an 
5 entity engaged in the business of selling or manufacturing 
6 switchblade knives. 

7(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
8102-1116, eff. 1-10-23.)




9 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


10 Sec. 24-1.1. Unlawful use or possession of weapons by 
11felons or
persons in the custody of the
Department of 
12Corrections facilities.
13 (a) It is unlawful
for a person to knowingly possess on or 
14about his person or on his land or
in his own abode or fixed 
15place of business any weapon prohibited under
Section 24-1 of 
16this Act or any firearm or any firearm ammunition if the
person 
17has been convicted of a felony under the laws of this State or 
18any
other jurisdiction. This Section shall not apply if the 
19person has been
granted relief under this subsection by the 
20Director of the Illinois State Police
under Section 10 of the 
21Firearm Owners Identification
Card Act. A person prohibited 
22from possessing a firearm under this subsection (a) may 
23petition the Director of the Illinois State Police for a 
24hearing and relief from the prohibition, unless the 
25prohibition was based upon a forcible felony, stalking, 
 
 
HB3197- 201 -LRB103 26878 RLC 53242 b


1aggravated stalking, domestic battery, any violation of the 
2Illinois Controlled Substances Act, the Methamphetamine 
3Control and Community Protection Act, or the Cannabis Control 
4Act that is classified as a Class 2 or greater felony, any 
5felony violation of Article 24 of the Criminal Code of 1961 or 
6the Criminal Code of 2012, or any adjudication as a delinquent 
7minor for the commission of an offense that if committed by an 
8adult would be a felony, in which case the person may petition 
9the circuit court in writing in the county of his or her 
10residence for a hearing and relief from the prohibition. The 
11Director or court may grant the relief if it is established by 
12the petitioner to the court's or Director's satisfaction that:

13  (1) when in the circuit court, the State's Attorney 
14 has been served with a written copy of the petition at 
15 least 30 days before any hearing in the circuit court and 
16 at the hearing the State's Attorney was afforded an 
17 opportunity to present evidence and object to the 
18 petition;
19  (2) the petitioner has not been convicted of a

20 forcible felony under the laws of this State or any other 
21 jurisdiction within 20 years of the filing of the 
22 petition, or at least 20 years have passed since the end of 
23 any period of imprisonment imposed in relation to that 
24 conviction;
25  (3) the circumstances regarding a criminal
conviction, 
26 where applicable, the petitioner's criminal history and 
 
 
HB3197- 202 -LRB103 26878 RLC 53242 b


1 his or her reputation are such that the petitioner will 
2 not be likely to act in a manner dangerous to public 
3 safety;
4  (4) granting relief would not be contrary to the

5 public interest; and
6  (5) granting relief would not be contrary to federal

7 law. 
8 (b) It is unlawful for any person confined in a penal 
9institution,
which is a facility of the Illinois Department of 
10Corrections, to possess
any weapon prohibited under Section 
1124-1 of this Code or any firearm or
firearm ammunition, 
12regardless of the intent with which he possesses it.

13 (c) It shall be an affirmative defense to a violation of 
14subsection (b), that such possession was specifically 
15authorized by rule,
regulation, or directive of the Illinois 
16Department of Corrections or order
issued pursuant thereto.

17 (d) The defense of necessity is not available to a person 
18who is charged
with a violation of subsection (b) of this 
19Section.

20 (e) Sentence. Violation of this Section by a person not 
21confined
in a penal institution shall be a Class 3 felony
for 
22which the person shall be sentenced to no less than 2 years and 
23no
more than 10 years. A second or subsequent violation of this 
24Section shall be a Class 2 felony for which the person shall be 
25sentenced to a term of imprisonment of not less than 3 years 
26and not more than 14 years, except as provided for in Section 
 
 
HB3197- 203 -LRB103 26878 RLC 53242 b


15-4.5-110 of the Unified Code of Corrections. Violation of 
2this Section by a person not confined in a
penal institution 
3who has been convicted of a forcible felony, a felony

4violation of Article 24 of this Code or of the Firearm Owners 
5Identification
Card Act, stalking or aggravated stalking, or a 
6Class 2 or greater felony
under the Illinois Controlled 
7Substances Act, the Cannabis Control Act, or the 
8Methamphetamine Control and Community Protection Act is a

9Class 2 felony for which the person
shall be sentenced to not 
10less than 3 years and not more than 14 years, except as 
11provided for in Section 5-4.5-110 of the Unified Code of 
12Corrections.
Violation of this Section by a person who is on 
13parole or mandatory supervised
release is a Class 2 felony for 
14which the person shall be sentenced to not less than 3 years 
15and not more than 14
years, except as provided for in Section 
165-4.5-110 of the Unified Code of Corrections. Violation of 
17this Section by a person not confined in a penal
institution is 
18a Class X felony when the firearm possessed is a machine gun.

19Any person who violates this Section while confined in a penal

20institution, which is a facility of the Illinois Department of

21Corrections, is guilty of a Class 1
felony, if he possesses any 
22weapon prohibited under Section 24-1 of this
Code regardless 
23of the intent with which he possesses it, a Class X
felony if 
24he possesses any firearm, firearm ammunition or explosive, and 
25a
Class X felony for which the offender shall be sentenced to 
26not less than 12
years and not more than 50 years when the 
 
 
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1firearm possessed is a machine
gun. A violation of this 
2Section while wearing or in possession of body armor as 
3defined in Section 33F-1 is a Class X felony punishable by a 
4term of imprisonment of not less than 10 years and not more 
5than 40 years.
The possession of each firearm or firearm 
6ammunition in violation of this Section constitutes a single 
7and separate violation.

8(Source: P.A. 102-538, eff. 8-20-21.)


9 (720 ILCS 5/24-1.6)
10 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
11 (a) A person commits the offense of aggravated unlawful 
12use of a weapon when
he or she knowingly:
13  (1) Carries on or about his or her person or in any 
14 vehicle or concealed
on or about his or her person except 
15 when on his or her land or in his or her
abode, legal 
16 dwelling, or fixed place of business, or on the land or in 
17 the legal dwelling of another person as an invitee with 
18 that person's permission, any pistol, revolver, stun gun 
19 or taser or
other firearm; or
20  (2) Carries or possesses on or about his or her 
21 person, upon any public
street, alley, or other public 
22 lands within the corporate limits of a city,
village or 
23 incorporated town, except when an invitee thereon or 
24 therein, for
the purpose of the display of such weapon or 
25 the lawful commerce in weapons, or
except when on his or 
 
 
HB3197- 205 -LRB103 26878 RLC 53242 b


1 her own land or in his or her own abode, legal dwelling, or 
2 fixed place of
business, or on the land or in the legal 
3 dwelling of another person as an invitee with that 
4 person's permission, any pistol, revolver, stun gun or 
5 taser or other firearm; and
6  (3) One of the following factors is present:
7   (A) the firearm, other than a pistol, revolver, or 
8 handgun, possessed was uncased, loaded, and 
9 immediately accessible
at the time of the offense; or
10   (A-5) the pistol, revolver, or handgun possessed 
11 was uncased, loaded, and immediately accessible
at the 
12 time of the offense and the person possessing the 
13 pistol, revolver, or handgun has not been issued a 
14 currently valid license under the Firearm Concealed 
15 Carry Act; or 
16   (B) the firearm, other than a pistol, revolver, or 
17 handgun, possessed was uncased, unloaded, and the 
18 ammunition for
the weapon was immediately accessible 
19 at the time of the offense; or
20   (B-5) the pistol, revolver, or handgun possessed 
21 was uncased, unloaded, and the ammunition for
the 
22 weapon was immediately accessible at the time of the 
23 offense and the person possessing the pistol, 
24 revolver, or handgun has not been issued a currently 
25 valid license under the Firearm Concealed Carry Act; 
26 or 
 
 
HB3197- 206 -LRB103 26878 RLC 53242 b


1   (C) (blank); or the person possessing the firearm 
2 has not been issued a currently
valid Firearm Owner's 
3 Identification Card; or
4   (D) the person possessing the weapon was 
5 previously adjudicated
a delinquent minor under the 
6 Juvenile Court Act of 1987 for an act that if
committed 
7 by an adult would be a felony; or
8   (E) the person possessing the weapon was engaged 
9 in a misdemeanor
violation of the Cannabis
Control 
10 Act, in a misdemeanor violation of the Illinois 
11 Controlled Substances
Act, or in a misdemeanor 
12 violation of the Methamphetamine Control and Community 
13 Protection Act; or
14   (F) (blank); or
15   (G) the person possessing the weapon had an order 
16 of protection issued
against him or her within the 
17 previous 2 years; or
18   (H) the person possessing the weapon was engaged 
19 in the commission or
attempted commission of
a 
20 misdemeanor involving the use or threat of violence 
21 against
the person or property of another; or
22   (I) the person possessing the weapon was under 21 
23 years of age and in
possession of a handgun, unless the 
24 person under 21
is engaged in lawful activities under 
25 the Wildlife Code or described in
subsection 
26 24-2(b)(1), (b)(3), or 24-2(f).
 
 
HB3197- 207 -LRB103 26878 RLC 53242 b


1 (a-5) "Handgun" as used in this Section has the meaning 
2given to it in Section 5 of the Firearm Concealed Carry Act. 
3 (b) "Stun gun or taser" as used in this Section has the 
4same definition
given to it in Section 24-1 of this Code.
5 (c) This Section does not apply to or affect the 
6transportation or
possession
of weapons that:
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 person 
11 is eligible under State and federal law to possess a 
12 firearm who has been issued a currently
valid Firearm 
13 Owner's
Identification Card.
14 (d) Sentence.
15  (1) Aggravated unlawful use of a weapon is a Class 4 
16 felony;
a second or subsequent offense is a Class 2 felony 
17 for which the person shall be sentenced to a term of 
18 imprisonment of not less than 3 years and not more than 7 
19 years, except as provided for in Section 5-4.5-110 of the 
20 Unified Code of Corrections. 
21  (2) (Blank). Except as otherwise provided in 
22 paragraphs (3) and (4) of this subsection (d), a first 
23 offense of aggravated unlawful use of a weapon committed 
24 with a firearm by a person 18 years of age or older where 
25 the factors listed in both items (A) and (C) or both items 
26 (A-5) and (C) of paragraph (3) of subsection (a) are 
 
 
HB3197- 208 -LRB103 26878 RLC 53242 b


1 present is a Class 4 felony, for which the person shall be 
2 sentenced to a term of imprisonment of not less than one 
3 year and not more than 3 years.
4  (3) Aggravated unlawful use of
a weapon by a person 
5 who has been previously
convicted of a felony in this 
6 State or another jurisdiction is a Class 2
felony for 
7 which the person shall be sentenced to a term of 
8 imprisonment of not less than 3 years and not more than 7 
9 years, except as provided for in Section 5-4.5-110 of the 
10 Unified Code of Corrections. 
11  (4) Aggravated unlawful use of a weapon while wearing 
12 or in possession of body armor as defined in Section 33F-1 
13 by a person who is prohibited under State or federal law 
14 from possessing a firearm has not been issued a valid 
15 Firearms Owner's Identification Card in accordance with 
16 Section 5 of the Firearm Owners Identification Card Act is 
17 a Class X felony.

18 (e) The possession of each firearm in violation of this 
19Section constitutes a single and separate violation.
20(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

21 (720 ILCS 5/24-1.8)
22 Sec. 24-1.8. Unlawful possession of a firearm by a street 
23gang member.
24 (a) A person
commits unlawful possession of a firearm by a 
25street gang member when he or she knowingly:
 
 
HB3197- 209 -LRB103 26878 RLC 53242 b


1  (1) possesses, carries, or conceals on or about his or 
2 her person a firearm and firearm ammunition while on any 
3 street, road, alley, gangway, sidewalk, or any other 
4 lands, except when inside his or her own abode or inside 
5 his or her fixed place of business, and has not been issued 
6 a currently valid Firearm Owner's Identification Card and 
7 is a member of a street gang; or
8  (2) possesses or carries in any vehicle a firearm and 
9 firearm ammunition which are both immediately accessible 
10 at the time of the offense while on any street, road, 
11 alley, or any other lands, except when inside his or her 
12 own abode or garage, and has not been issued a currently 
13 valid Firearm Owner's Identification Card and is a member 
14 of a street gang.
15 (b) Unlawful possession of a firearm by a street gang 
16member is a Class 2 felony for which the person, if sentenced 
17to a term of imprisonment, shall be sentenced to no less than 3 
18years and no more than 10 years. A period of probation, a term 
19of periodic imprisonment or conditional discharge shall not be 
20imposed for the offense of unlawful possession of a firearm by 
21a street gang member when the firearm was loaded or contained 
22firearm ammunition and the court shall sentence the offender 
23to not less than the minimum term of imprisonment authorized 
24for the Class 2 felony.
25 (c) For purposes of this Section:
26  "Street gang" or "gang" has the meaning ascribed to it 
 
 
HB3197- 210 -LRB103 26878 RLC 53242 b


1 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
2 Prevention Act.
3  "Street gang member" or "gang member" has the meaning 
4 ascribed to it in Section 10 of the Illinois Streetgang 
5 Terrorism Omnibus Prevention Act.

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

7 (720 ILCS 5/24-1.9)
8 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
9purchase of assault weapons, .50 caliber rifles, and .50 
10caliber cartridges.
11 (a) Definitions. In this Section:
12 (1) "Assault weapon" means any of the following, except as 
13provided in subdivision (2) of this
subsection: 
14  (A) A semiautomatic rifle that has the capacity to 
15 accept a detachable magazine or that
may be readily 
16 modified to accept a detachable magazine, if the firearm 
17 has one or
more of the following:
18   (i) a pistol grip or thumbhole stock;
19   (ii) any feature capable of functioning as a 
20 protruding grip that can be held by
the non-trigger 
21 hand;
22   (iii) a folding, telescoping, thumbhole, or 
23 detachable stock, or a stock that is
otherwise 
24 foldable or adjustable in a manner that operates to 
25 reduce the
length, size, or any other dimension, or 
 
 
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1 otherwise enhances the concealability
of, the weapon; 
2   (iv) a flash suppressor;
3   (v) a grenade launcher;
4   (vi) a shroud attached to the barrel or that 
5 partially or completely encircles the
barrel, allowing 
6 the bearer to hold the firearm with the non-trigger 
7 hand
without being burned, but excluding a slide that 
8 encloses the barrel. 
9  (B) A semiautomatic rifle that has a fixed magazine 
10 with the capacity to accept more than
10 rounds, except 
11 for an attached tubular device designed to accept, and 
12 capable of
operating only with, .22 caliber rimfire 
13 ammunition.
14  (C) A semiautomatic pistol that has the capacity to 
15 accept a detachable magazine or that
may be readily 
16 modified to accept a detachable magazine, if the firearm 
17 has one or more
of the following:
18   (i) a threaded barrel;
19   (ii) a second pistol grip or another feature 
20 capable of functioning as a
protruding grip that can 
21 be held by the non-trigger hand;
22   (iii) a shroud attached to the barrel or that 
23 partially or completely encircles the
barrel, allowing 
24 the bearer to hold the firearm with the non-trigger 
25 hand
without being burned, but excluding a slide that 
26 encloses the barrel;
 
 
HB3197- 212 -LRB103 26878 RLC 53242 b


1   (iv) a flash suppressor; 
2   (v) the capacity to accept a detachable magazine 
3 at some location outside of the
pistol grip; or
4   (vi) a buffer tube, arm brace, or other part that 
5 protrudes horizontally behind the
pistol grip and is 
6 designed or redesigned to allow or facilitate a 
7 firearm to be
fired from the shoulder. 
8  (D) A semiautomatic pistol that has a fixed magazine 
9 with the capacity to accept more
than 15 rounds.
10  (E) Any shotgun with a revolving cylinder. 
11  (F) A semiautomatic shotgun that has one or more of 
12 the following:
13   (i) a pistol grip or thumbhole stock;
14   (ii) any feature capable of functioning as a 
15 protruding grip that can be held by
the non-trigger 
16 hand;
17   (iii) a folding or thumbhole stock; 
18   (iv) a grenade launcher;
19   (v) a fixed magazine with the capacity of more 
20 than 5 rounds; or 
21   (vi) the capacity to accept a detachable magazine. 
22  (G) Any semiautomatic firearm that has the capacity to 
23 accept a belt ammunition feeding
device.
24  (H) Any firearm that has been modified to be operable 
25 as an assault weapon as defined
in this Section. 
26  (I) Any part or combination of parts designed or 
 
 
HB3197- 213 -LRB103 26878 RLC 53242 b


1 intended to convert a firearm into an
assault weapon, 
2 including any combination of parts from which an assault 
3 weapon may
be readily assembled if those parts are in the 
4 possession or under the control of the same
person. 
5  (J) All of the following rifles, copies, duplicates, 
6 variants, or altered facsimiles with the
capability of any 
7 such weapon: 
8   (i) All AK types, including the following:
9    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
10 MAK90, MISR,
NHM90, NHM91, SA85, SA93, Vector Arms 
11 AK-47, VEPR, WASR-10,
and WUM. 
12    (II) IZHMASH Saiga AK. 
13    (III) MAADI AK47 and ARM. 
14    (IV) Norinco 56S, 56S2, 84S, and 86S. 
15    (V) Poly Technologies AK47 and AKS. 
16    (VI) SKS with a detachable magazine. 
17   (ii) all AR types, including the following:
18    (I) AR-10. 
19    (II) AR-15. 
20    (III) Alexander Arms Overmatch Plus 16. 
21    (IV) Armalite M15 22LR Carbine. 
22    (V) Armalite M15-T. 
23    (VI) Barrett REC7. 
24    (VII) Beretta AR-70. 
25    (VIII) Black Rain Ordnance Recon Scout. 
26    (IX) Bushmaster ACR. 
 
 
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1    (X) Bushmaster Carbon 15. 
2    (XI) Bushmaster MOE series. 
3    (XII) Bushmaster XM15. 
4    (XIII) Chiappa Firearms MFour rifles. 
5    (XIV) Colt Match Target rifles. 
6    (XV) CORE Rifle Systems CORE15 rifles. 
7    (XVI) Daniel Defense M4A1 rifles. 
8    (XVII) Devil Dog Arms 15 Series rifles. 
9    (XVIII) Diamondback DB15 rifles. 
10    (XIX) DoubleStar AR rifles. 
11    (XX) DPMS Tactical rifles. 
12    (XXI) DSA Inc. ZM-4 Carbine. 
13    (XXII) Heckler & Koch MR556. 
14    (XXIII) High Standard HSA-15 rifles. 
15    (XXIV) Jesse James Nomad AR-15 rifle. 
16    (XXV) Knight's Armament SR-15. 
17    (XXVI) Lancer L15 rifles. 
18    (XXVII) MGI Hydra Series rifles. 
19    (XXVIII) Mossberg MMR Tactical rifles. 
20    (XXIX) Noreen Firearms BN 36 rifle. 
21    (XXX) Olympic Arms. 
22    (XXXI) POF USA P415. 
23    (XXXII) Precision Firearms AR rifles. 
24    (XXXIII) Remington R-15 rifles. 
25    (XXXIV) Rhino Arms AR rifles. 
26    (XXXV) Rock River Arms LAR-15 or Rock River 
 
 
HB3197- 215 -LRB103 26878 RLC 53242 b


1 Arms LAR-47. 
2    (XXXVI) Sig Sauer SIG516 rifles and MCX 
3 rifles. 
4    (XXXVII) Smith & Wesson M&P15 rifles. 
5    (XXXVIII) Stag Arms AR rifles. 
6    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
7 rifles. 
8    (XL) Uselton Arms Air-Lite M-4 rifles. 
9    (XLI) Windham Weaponry AR rifles. 
10    (XLII) WMD Guns Big Beast. 
11    (XLIII) Yankee Hill Machine Company, Inc. 
12 YHM-15 rifles. 
13   (iii) Barrett M107A1.
14   (iv) Barrett M82A1.
15   (v) Beretta CX4 Storm.
16   (vi) Calico Liberty Series.
17   (vii) CETME Sporter. 
18   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
19 AR 110C. 
20   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
21 FNC, 308 Match, L1A1
Sporter, PS90, SCAR, and FS2000. 
22   (x) Feather Industries AT-9. 
23   (xi) Galil Model AR and Model ARM. 
24   (xii) Hi-Point Carbine. 
25   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
26   (xiv) IWI TAVOR, Galil ACE rifle. 
 
 
HB3197- 216 -LRB103 26878 RLC 53242 b


1   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
2   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
3 Sauer SG 551, and SIG
MCX.
4   (xvii) Springfield Armory SAR-48. 
5   (xviii) Steyr AUG. 
6   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
7 M-14/20CF. 
8   (xx) All Thompson rifles, including the following: 
9    (I) Thompson M1SB. 
10    (II) Thompson T1100D. 
11    (III) Thompson T150D. 
12    (IV) Thompson T1B. 
13    (V) Thompson T1B100D. 
14    (VI) Thompson T1B50D. 
15    (VII) Thompson T1BSB. 
16    (VIII) Thompson T1-C. 
17    (IX) Thompson T1D. 
18    (X) Thompson T1SB. 
19    (XI) Thompson T5. 
20    (XII) Thompson T5100D. 
21    (XIII) Thompson TM1. 
22    (XIV) Thompson TM1C. 
23   (xxi) UMAREX UZI rifle. 
24   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
25 UZI Model B Carbine. 
26   (xxiii) Valmet M62S, M71S, and M78. 
 
 
HB3197- 217 -LRB103 26878 RLC 53242 b


1   (xxiv) Vector Arms UZI Type. 
2   (xxv) Weaver Arms Nighthawk. 
3   (xxvi) Wilkinson Arms Linda Carbine. 
4  (K) All of the following pistols, copies, duplicates, 
5 variants, or altered facsimiles with the
capability of any 
6 such weapon thereof: 
7   (i) All AK types, including the following: 
8    (I) Centurion 39 AK pistol. 
9    (II) CZ Scorpion pistol. 
10    (III) Draco AK-47 pistol. 
11    (IV) HCR AK-47 pistol. 
12    (V) IO Inc. Hellpup AK-47 pistol. 
13    (VI) Krinkov pistol. 
14    (VII) Mini Draco AK-47 pistol. 
15    (VIII) PAP M92 pistol. 
16    (IX) Yugo Krebs Krink pistol. 
17   (ii) All AR types, including the following: 
18    (I) American Spirit AR-15 pistol. 
19    (II) Bushmaster Carbon 15 pistol. 
20    (III) Chiappa Firearms M4 Pistol GEN II. 
21    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
22    (V) Daniel Defense MK18 pistol. 
23    (VI) DoubleStar Corporation AR pistol. 
24    (VII) DPMS AR-15 pistol. 
25    (VIII) Jesse James Nomad AR-15 pistol. 
26    (IX) Olympic Arms AR-15 pistol. 
 
 
HB3197- 218 -LRB103 26878 RLC 53242 b


1    (X) Osprey Armament MK-18 pistol. 
2    (XI) POF USA AR pistols. 
3    (XII) Rock River Arms LAR 15 pistol. 
4    (XIII) Uselton Arms Air-Lite M-4 pistol. 
5   (iii) Calico pistols. 
6   (iv) DSA SA58 PKP FAL pistol. 
7   (v) Encom MP-9 and MP-45. 
8   (vi) Heckler & Koch model SP-89 pistol. 
9   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
10 TEC-DC9. 
11   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
12   (ix) Kel-Tec PLR 16 pistol. 
13   (x) All MAC types, including the following: 
14    (I) MAC-10. 
15    (II) MAC-11. 
16    (III) Masterpiece Arms MPA A930 Mini Pistol, 
17 MPA460 Pistol, MPA
Tactical Pistol, and MPA Mini 
18 Tactical Pistol. 
19    (IV) Military Armament Corp. Ingram M-11. 
20    (V) Velocity Arms VMAC. 
21   (xi) Sig Sauer P556 pistol. 
22   (xii) Sites Spectre. 
23   (xiii) All Thompson types, including the 
24 following: 
25    (I) Thompson TA510D. 
26    (II) Thompson TA5. 
 
 
HB3197- 219 -LRB103 26878 RLC 53242 b


1   (xiv) All UZI types, including Micro-UZI. 
2  (L) All of the following shotguns, copies, duplicates, 
3 variants, or altered facsimiles with
the capability of any 
4 such weapon thereof: 
5   (i) DERYA Anakon MC-1980, Anakon SD12. 
6   (ii) Doruk Lethal shotguns. 
7   (iii) Franchi LAW-12 and SPAS 12. 
8   (iv) All IZHMASH Saiga 12 types, including the 
9 following: 
10    (I) IZHMASH Saiga 12. 
11    (II) IZHMASH Saiga 12S. 
12    (III) IZHMASH Saiga 12S EXP-01. 
13    (IV) IZHMASH Saiga 12K. 
14    (V) IZHMASH Saiga 12K-030. 
15    (VI) IZHMASH Saiga 12K-040 Taktika. 
16   (v) Streetsweeper. 
17   (vi) Striker 12. 
18 (2) "Assault weapon" does not include: 
19  (A) Any firearm that is an unserviceable firearm or 
20 has been made permanently inoperable.
21  (B) An antique firearm or a replica of an antique 
22 firearm.
23  (C) A firearm that is manually operated by bolt, pump, 
24 lever or slide action, unless the
firearm is a shotgun 
25 with a revolving cylinder.
26  (D) Any air rifle as defined in Section 24.8-0.1 of 
 
 
HB3197- 220 -LRB103 26878 RLC 53242 b


1 this Code.
2  (E) Any handgun, as defined under the Firearm 
3 Concealed Carry Act, unless otherwise listed in this 
4 Section. 
5 (3) "Assault weapon attachment" means any device capable 
6of being attached to a firearm that is specifically designed 
7for making or converting a firearm into any of the firearms 
8listed in paragraph (1) of this subsection (a).
9 (4) "Antique firearm" has the meaning ascribed to it in 18 
10U.S.C. 921(a)(16).
11 (5) ".50 caliber rifle" means a centerfire rifle capable 
12of firing a .50 caliber cartridge. The term does not include 
13any antique firearm, any shotgun including a shotgun that has 
14a rifle barrel, or any muzzle-loader which uses black powder 
15for hunting or historical reenactments.
16 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
17caliber, either by designation or actual measurement, that is 
18capable of being fired from a centerfire rifle. The term ".50 
19caliber cartridge" does not include any memorabilia or display 
20item that is filled with a permanent inert substance or that is 
21otherwise permanently altered in a manner that prevents ready 
22modification for use as live ammunition or shotgun ammunition 
23with a caliber measurement that is equal to or greater than .50 
24caliber.
25 (7) "Detachable magazine" means an ammunition feeding 
26device that may be removed from a firearm without disassembly 
 
 
HB3197- 221 -LRB103 26878 RLC 53242 b


1of the firearm action, including an ammunition feeding device 
2that may be readily removed from a firearm with the use of a 
3bullet, cartridge, accessory, or other tool, or any other 
4object that functions as a tool, including a bullet or 
5cartridge.
6 (8) "Fixed magazine" means an ammunition feeding device 
7that is permanently attached to a firearm, or contained in and 
8not removable from a firearm, or that is otherwise not a 
9detachable magazine, but does not include an attached tubular 
10device designed to accept, and capable of operating only with, 
11.22 caliber rimfire ammunition. 
12 (b) Except as provided in subsections (c), (d), and (e), 
13on or after the effective date of this amendatory Act of the 
14102nd General Assembly, it is unlawful for any person within 
15this State to knowingly manufacture, deliver, sell, import, or 
16purchase or cause to be manufactured, delivered, sold, 
17imported, or purchased by another, an assault weapon, assault 
18weapon attachment, .50 caliber rifle, or .50 caliber 
19cartridge.
20 (c) Except as otherwise provided in subsection (d), 
21beginning January 1, 2024, it is unlawful for any person 
22within this State to knowingly possess an assault weapon, 
23assault weapon attachment, .50 caliber rifle, or .50 caliber 
24cartridge. 
25 (d) This Section does not apply to a person's possession 
26of an assault weapon, assault weapon attachment, .50 caliber 
 
 
HB3197- 222 -LRB103 26878 RLC 53242 b


1rifle, or .50 caliber cartridge device if the person lawfully 
2possessed that assault weapon, assault weapon attachment, .50 
3caliber rifle, or .50 caliber cartridge prohibited by 
4subsection (c) of this Section, if the person has provided in 
5an endorsement affidavit, prior to January 1, 2024, under oath 
6or affirmation and in the form and manner prescribed by the 
7Illinois State Police, no later than October 1, 2023:
8  (1) the affiant's Firearm Owner's Identification Card 
9 number;
10  (2) an affirmation that the affiant: (i) possessed an 
11 assault weapon, assault weapon attachment, .50 caliber 
12 rifle, or .50 caliber cartridge before the effective date 
13 of this amendatory Act of the 102nd General Assembly; or 
14 (ii) inherited the assault weapon, assault weapon 
15 attachment, .50 caliber rifle, or .50 caliber cartridge 
16 from a person with an endorsement under this Section or 
17 from a person authorized under subdivisions (1) through 
18 (5) of subsection (e) to possess the assault weapon, 
19 assault weapon attachment, .50 caliber rifle, or .50 
20 caliber cartridge; and
21  (3) the make, model, caliber, and serial number of the 
22 .50 caliber rifle or assault weapon or assault weapons 
23 listed in paragraphs (J), (K), and (L) of subdivision (1) 
24 of subsection (a) of this Section possessed by the affiant 
25 prior to the effective date of this amendatory Act of the 
26 102nd General Assembly and any assault weapons identified 
 
 
HB3197- 223 -LRB103 26878 RLC 53242 b


1 and published by the Illinois State Police pursuant to 
2 this subdivision (3).
No later than October 1, 2023, and 
3 every October 1 thereafter, the Illinois State Police 
4 shall, via rulemaking, identify, publish, and make 
5 available on its website, the list of assault weapons 
6 subject to an endorsement affidavit under this subsection 
7 (d). The list shall identify, but is not limited to, the 
8 copies, duplicates, variants, and altered facsimiles of 
9 the assault weapons identified in paragraphs (J), (K), and 
10 (L) of subdivision (1) of subsection (a) of this Section 
11 and shall be consistent with the definition of "assault 
12 weapon" identified in this Section.
The Illinois State 
13 Police may adopt emergency rulemaking in accordance with 
14 Section 5-45 of the Illinois Administrative Procedure Act. 
15 The adoption of emergency rules authorized by Section 5-45 
16 of the Illinois Administrative Procedure Act and this 
17 paragraph is deemed to be necessary for the public 
18 interest, safety, and welfare.
19 The affidavit form shall include the following statement 
20printed in bold type: "Warning: Entering false information on 
21this form is punishable as perjury under Section 32-2 of the 
22Criminal Code of 2012. Entering false information on this form 
23is a violation of the Firearm Owners Identification Card Act."
24 In any administrative, civil, or criminal proceeding in 
25this State, a completed endorsement affidavit submitted to the 
26Illinois State Police by a person under this Section creates a 
 
 
HB3197- 224 -LRB103 26878 RLC 53242 b


1rebuttable presumption that the person is entitled to possess 
2and transport the assault weapon, assault weapon attachment, 
3.50 caliber rifle, or .50 caliber cartridge. 
4 Beginning 90 days after the effective date of this 
5amendatory Act of the 102nd General Assembly, a person 
6authorized under this Section to possess an assault weapon, 
7assault weapon attachment, .50 caliber rifle, or .50 caliber 
8cartridge shall possess such items only: 
9  (1) on private property owned or immediately 
10 controlled by the person;
11  (2) on private property that is not open to the public 
12 with the express permission of the person who owns or 
13 immediately controls such property;
14  (3) while on the premises of a licensed firearms 
15 dealer or gunsmith for the purpose of lawful repair;
16  (4) while engaged in the legal use of the assault 
17 weapon, assault weapon attachment, .50 caliber rifle, or 
18 .50 caliber cartridge at a properly licensed firing range 
19 or sport shooting competition venue; or
20  (5) while traveling to or from these locations, 
21 provided that the assault weapon, assault weapon 
22 attachment, or .50 caliber rifle is unloaded and the 
23 assault weapon, assault weapon attachment, .50 caliber 
24 rifle, or .50 caliber cartridge is enclosed in a case, 
25 firearm carrying box, shipping box, or other container. 
26 Beginning on January 1, 2024, the person with the 
 
 
HB3197- 225 -LRB103 26878 RLC 53242 b


1endorsement for an assault weapon, assault weapon attachment, 
2.50 caliber rifle, or .50 caliber cartridge or a person 
3authorized under subdivisions (1) through (5) of subsection 
4(e) to possess an assault weapon, assault weapon attachment, 
5.50 caliber rifle, or .50 caliber cartridge may transfer the 
6assault weapon, assault weapon attachment, .50 caliber rifle, 
7or .50 caliber cartridge only to an heir, an individual 
8residing in another state maintaining it in another state, or 
9a dealer licensed as a federal firearms dealer under Section 
10923 of the federal Gun Control Act of 1968. Within 10 days 
11after transfer of the weapon except to an heir, the person 
12shall notify the Illinois State Police of the name and address 
13of the transferee and comply with the requirements of 
14subsection (b) of Section 3 of the Firearm Owners 
15Identification Card Act. The person to whom the weapon or 
16ammunition is transferred shall, within 60 days of the 
17transfer, complete an affidavit required under this Section. A 
18person to whom the weapon is transferred may transfer it only 
19as provided in this subsection.
20 Except as provided in subsection (e) and beginning on 
21January 1, 2024, any person who moves into this State in 
22possession of an assault weapon, assault weapon attachment, 
23.50 caliber rifle, or .50 caliber cartridge shall, within 60 
24days, apply for a Firearm Owners Identification Card and 
25complete an endorsement application as outlined in subsection 
26(d).
 
 
HB3197- 226 -LRB103 26878 RLC 53242 b


1 Notwithstanding any other law, information contained in 
2the endorsement affidavit shall be confidential, is exempt 
3from disclosure under the Freedom of Information Act, and 
4shall not be disclosed, except to law enforcement agencies 
5acting in the performance of their duties. 
6 (e) The provisions of this Section regarding the purchase 
7or possession of assault weapons, assault weapon attachments, 
8.50 caliber rifles, and .50 cartridges, as well as the 
9provisions of this Section that prohibit causing those items 
10to be purchased or possessed, do not apply to:
11  (1) Peace officers, as defined in Section 2-13 of this 
12 Code.
13  (2) Qualified law enforcement officers and qualified 
14 retired law enforcement officers as defined in the Law 
15 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
16 and 926C) and as recognized under Illinois law. 
17  (3) Acquisition and possession by a federal, State, or 
18 local law enforcement agency for the purpose of equipping 
19 the agency's peace officers as defined in paragraph (1) or 
20 (2) of this subsection (e). 
21  (4) Wardens, superintendents, and keepers of prisons, 
22 penitentiaries, jails, and other institutions for the 
23 detention of persons accused or convicted of an offense.
24  (5) Members of the Armed Services or Reserve Forces of 
25 the United States or the Illinois National Guard, while 
26 performing their official duties or while traveling to or 
 
 
HB3197- 227 -LRB103 26878 RLC 53242 b


1 from their places of duty.
2  (6) Any company that employs armed security officers 
3 in this State at a nuclear energy, storage, weapons, or 
4 development site or facility regulated by the federal 
5 Nuclear Regulatory Commission and any person employed as 
6 an armed security force member at a nuclear energy, 
7 storage, weapons, or development site or facility 
8 regulated by the federal Nuclear Regulatory Commission who 
9 has completed the background screening and training 
10 mandated by the rules and regulations of the federal 
11 Nuclear Regulatory Commission and while performing 
12 official duties. 
13  (7) Any private security contractor agency licensed 
14 under the Private Detective, Private Alarm, Private 
15 Security, Fingerprint Vendor, and Locksmith Act of 2004 
16 that employs private security contractors and any private 
17 security contractor who is licensed and has been issued a 
18 firearm control card under the Private Detective, Private 
19 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
20 Act of 2004 while performing official duties. 
21 The provisions of this Section do not apply to the 
22manufacture, delivery, sale, import, purchase, or possession 
23of an assault weapon, assault weapon attachment, .50 caliber 
24rifle, or .50 caliber cartridge or causing the manufacture, 
25delivery, sale, importation, purchase, or possession of those 
26items:
 
 
HB3197- 228 -LRB103 26878 RLC 53242 b


1  (A) for sale or transfer to persons authorized under 
2 subdivisions (1) through (7) of this subsection (e) to 
3 possess those items;
4  (B) for sale or transfer to the United States or any 
5 department or agency thereof; or
6  (C) for sale or transfer in another state or for 
7 export.
8 This Section does not apply to or affect any of the 
9following: 
10  (i) Possession of any firearm if that firearm is 
11 sanctioned by the International Olympic Committee and by 
12 USA Shooting, the national governing body for 
13 international shooting competition in the United States, 
14 but only when the firearm is in the actual possession of an 
15 Olympic target shooting competitor or target shooting 
16 coach for the purpose of storage, transporting to and from 
17 Olympic target shooting practice or events if the firearm 
18 is broken down in a nonfunctioning state, is not 
19 immediately accessible, or is unloaded and enclosed in a 
20 firearm case, carrying box, shipping box, or other similar 
21 portable container designed for the safe transportation of 
22 firearms, and when the Olympic target shooting competitor 
23 or target shooting coach is engaging in those practices or 
24 events. For the purposes of this paragraph (8), "firearm" 
25 has the meaning provided in Section 2-7.5 1.1 of the 
26 Firearm Owners Identification Card Act.
 
 
HB3197- 229 -LRB103 26878 RLC 53242 b


1  (ii) Any nonresident who transports, within 24 hours, 
2 a weapon for any lawful purpose from any place where the 
3 nonresident may lawfully possess and carry that weapon to 
4 any other place where the nonresident may lawfully possess 
5 and carry that weapon if, during the transportation, the 
6 weapon is unloaded, and neither the weapon nor any 
7 ammunition being transported is readily accessible or is 
8 directly accessible from the passenger compartment of the 
9 transporting vehicle. In the case of a vehicle without a 
10 compartment separate from the driver's compartment, the 
11 weapon or ammunition shall be contained in a locked 
12 container other than the glove compartment or console. 
13  (iii) Possession of a weapon at an event taking place 
14 at the World Shooting and Recreational Complex at Sparta, 
15 only while engaged in the legal use of the weapon, or while 
16 traveling to or from that location if the weapon is broken 
17 down in a nonfunctioning state, is not immediately 
18 accessible, or is unloaded and enclosed in a firearm case, 
19 carrying box, shipping box, or other similar portable 
20 container designed for the safe transportation of 
21 firearms. 
22  (iv) Possession of a weapon only for hunting use 
23 expressly permitted under the Wildlife Code, or while 
24 traveling to or from a location authorized for this 
25 hunting use under the Wildlife Code if the weapon is 
26 broken down in a nonfunctioning state, is not immediately 
 
 
HB3197- 230 -LRB103 26878 RLC 53242 b


1 accessible, or is unloaded and enclosed in a firearm case, 
2 carrying box, shipping box, or other similar portable 
3 container designed for the safe transportation of 
4 firearms. By October 1, 2023, the Illinois State Police, 
5 in consultation with the Department of Natural Resources, 
6 shall adopt rules concerning the list of applicable 
7 weapons approved under this subparagraph (iv). The 
8 Illinois State Police may adopt emergency rules in 
9 accordance with Section 5-45 of the Illinois 
10 Administrative Procedure Act. The adoption of emergency 
11 rules authorized by Section 5-45 of the Illinois 
12 Administrative Procedure Act and this paragraph is deemed 
13 to be necessary for the public interest, safety, and 
14 welfare. 
15  (v) The manufacture, transportation, possession, sale, 
16 or rental of blank-firing assault weapons and .50 caliber 
17 rifles, or the weapon's respective attachments, to persons 
18 authorized or permitted, or both authorized and permitted, 
19 to acquire and possess these weapons or attachments for 
20 the purpose of rental for use solely as props for a motion 
21 picture, television, or video production or entertainment 
22 event. 
23 Any person not subject to this Section may submit an 
24endorsement affidavit if the person chooses. 
25 (f) Any sale or transfer with a background check initiated 
26to the Illinois State Police on or before the effective date of 
 
 
HB3197- 231 -LRB103 26878 RLC 53242 b


1this amendatory Act of the 102nd General Assembly is allowed 
2to be completed after the effective date of this amendatory 
3Act once an approval is issued by the Illinois State Police and 
4any applicable waiting period under Section 24-3 has expired.
5 (g) The Illinois State Police shall take all steps 
6necessary to carry out the requirements of this Section within 
7by October 1, 2023. 
8 (h) The Department of the State Police shall also develop 
9and implement a public notice and public outreach campaign to 
10promote awareness about the provisions of this amendatory Act 
11of the 102nd General Assembly and to increase compliance with 
12this Section. 

13(Source: P.A. 102-1116, eff. 1-10-23.)

14 (720 ILCS 5/24-1.10)
15 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
16of large capacity ammunition feeding devices.
17 (a) In this Section:
18 "Handgun" has the meaning ascribed to it in the Firearm 
19Concealed Carry Act.
20 "Long gun" means a rifle or shotgun. 
21 "Large capacity ammunition feeding device" means:
22  (1) a magazine, belt, drum, feed strip, or similar 
23 device that has a capacity of, or that can be readily 
24 restored or converted to accept, more than 10 rounds of 
25 ammunition for long guns and more than 15 rounds of 
 
 
HB3197- 232 -LRB103 26878 RLC 53242 b


1 ammunition for handguns; or
2  (2) any combination of parts from which a device 
3 described in paragraph (1) can be assembled.
4 "Large capacity ammunition feeding device" does not 
5include an attached tubular device designed to accept, and 
6capable of operating only with, .22 caliber rimfire 
7ammunition. "Large capacity ammunition feeding device" does 
8not include a tubular magazine
that is contained in a 
9lever-action firearm or any device that has been made 
10permanently inoperable.
11 (b) Except as provided in subsections (e) and (f), it is 
12unlawful for any person within this State to knowingly 
13manufacture, deliver, sell, purchase, or cause to be 
14manufactured, delivered, sold, or purchased a large capacity 
15ammunition feeding device.
16 (c) Except as provided in subsections (d), (e), and (f), 
17and beginning 90 days after the effective date of this 
18amendatory Act of the 102nd General Assembly, it is unlawful 
19to knowingly possess a large capacity ammunition feeding 
20device. 
21 (d) Subsection (c) does not apply to a person's possession 
22of a large capacity ammunition feeding device if the person 
23lawfully possessed that large capacity ammunition feeding 
24device before the effective date of this amendatory Act of the 
25102nd General Assembly, provided that the person shall possess 
26such device only: 
 
 
HB3197- 233 -LRB103 26878 RLC 53242 b


1  (1) on private property owned or immediately 
2 controlled by the person;
3  (2) on private property that is not open to the public 
4 with the express permission of the person who owns or 
5 immediately controls such property;
6  (3) while on the premises of a licensed firearms 
7 dealer or gunsmith for the purpose of lawful repair;
8  (4) while engaged in the legal use of the large 
9 capacity ammunition feeding device at a properly licensed 
10 firing range or sport shooting competition venue; or
11  (5) while traveling to or from these locations, 
12 provided that the large capacity ammunition feeding device 
13 is stored unloaded and enclosed in a case, firearm 
14 carrying box, shipping box, or other container. 
15 A person authorized under this Section to possess a large 
16capacity ammunition feeding device may transfer the large 
17capacity ammunition feeding device only to an heir, an 
18individual residing in another state maintaining it in another 
19state, or a dealer licensed as a federal firearms dealer under 
20Section 923 of the federal Gun Control Act of 1968. Within 10 
21days after transfer of the large capacity ammunition feeding 
22device except to an heir, the person shall notify the Illinois 
23State Police of the name and address of the transferee and 
24comply with the requirements of subsection (b) of Section 3 of 
25the Firearm Owners Identification Card Act. The person to whom 
26the large capacity ammunition feeding device is transferred 
 
 
HB3197- 234 -LRB103 26878 RLC 53242 b


1shall, within 60 days of the transfer, notify the Illinois 
2State Police of the person's acquisition and comply with the 
3requirements of subsection (b) of Section 3 of the Firearm 
4Owners Identification Card Act. A person to whom the large 
5capacity ammunition feeding device is transferred may transfer 
6it only as provided in this subsection.
7 Except as provided in subsections (e) and (f) and 
8beginning 90 days after the effective date of this amendatory 
9Act of the 102nd General Assembly, any person who moves into 
10this State in possession of a large capacity ammunition 
11feeding device shall, within 60 days, apply for a Firearm 
12Owners Identification Card.
13 (e) The provisions of this Section regarding the purchase 
14or possession of large capacity ammunition feeding devices, as 
15well as the provisions of this Section that prohibit causing 
16those items to be purchased or possessed, do not apply to:
17  (1) Peace officers as defined in Section 2-13 of this 
18 Code.
19  (2) Qualified law enforcement officers and qualified 
20 retired law enforcement officers as defined in the Law 
21 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
22 and 926C) and as recognized under Illinois law. 
23  (3) A federal, State, or local law enforcement agency 
24 for the purpose of equipping the agency's peace officers 
25 as defined in paragraph (1) or (2) of this subsection (e). 
26  (4) Wardens, superintendents, and keepers of prisons, 
 
 
HB3197- 235 -LRB103 26878 RLC 53242 b


1 penitentiaries, jails, and other institutions for the 
2 detention of persons accused or convicted of an offense.
3  (5) Members of the Armed Services or Reserve Forces of 
4 the United States or the Illinois National Guard, while 
5 their official duties or while traveling to or from their 
6 places of duty.
7  (6) Any company that employs armed security officers 
8 in this State at a nuclear energy, storage, weapons, or 
9 development site or facility regulated by the federal 
10 Nuclear Regulatory Commission and any person employed as 
11 an armed security force member at a nuclear energy, 
12 storage, weapons, or development site or facility 
13 regulated by the federal Nuclear Regulatory Commission who 
14 has completed the background screening and training 
15 mandated by the rules and regulations of the federal 
16 Nuclear Regulatory Commission and while performing 
17 official duties. 
18  (7) Any private security contractor agency licensed 
19 under the Private Detective, Private Alarm, Private 
20 Security, Fingerprint Vendor, and Locksmith Act of 2004 
21 that employs private security contractors and any private 
22 security contractor who is licensed and has been issued a 
23 firearm control card under the Private Detective, Private 
24 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
25 Act of 2004 while performing official duties. 
26 (f) This Section does not apply to or affect any of the 
 
 
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1following: 
2  (1) Manufacture, delivery, sale, importation, 
3 purchase, or possession or causing to be manufactured, 
4 delivered, sold, imported, purchased, or possessed a large 
5 capacity ammunition feeding device:
6   (A) for sale or transfer to persons authorized 
7 under subdivisions (1) through (7) of subsection (e) 
8 to possess those items;
9   (B) for sale or transfer to the United States or 
10 any department or agency thereof; or
11   (C) for sale or transfer in another state or for 
12 export.
13  (2) Sale or rental of large capacity ammunition 
14 feeding devices for blank-firing assault weapons and .50 
15 caliber rifles, to persons authorized or permitted, or 
16 both authorized and permitted, to acquire these devices 
17 for the purpose of rental for use solely as props for a 
18 motion picture, television, or video production or 
19 entertainment event. 
20 (g) Sentence. A person who knowingly manufactures, 
21delivers, sells, purchases, possesses, or causes to be 
22manufactured, delivered, sold, possessed, or purchased in 
23violation of this Section a large capacity ammunition feeding 
24device capable of holding more than 10 rounds of ammunition 
25for long guns or more than 15 rounds of ammunition for handguns 
26commits a petty offense with a fine of $1,000 for each 
 
 
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1violation.
2 (h) The Department of the State Police shall also develop 
3and implement a public notice and public outreach campaign to 
4promote awareness about the provisions of this amendatory Act 
5of the 102nd General Assembly and to increase compliance with 
6this Section. 

7(Source: P.A. 102-1116, eff. 1-10-23.)



8 (720 ILCS 5/24-2)



9 Sec. 24-2. Exemptions. 

10 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1124-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
12the following:

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

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

17 penitentiaries, jails and other institutions for the 
18 detention of persons
accused or convicted of an offense, 
19 while in the performance of their
official duty, or while 
20 commuting between their homes and places of employment.

21  (3) Members of the Armed Services or Reserve Forces of 
22 the United States
or the Illinois National Guard or the 
23 Reserve Officers Training Corps,
while in the performance 
24 of their official duty.

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

7  (5) Persons licensed as private security contractors, 
8 private
detectives, or private alarm contractors, or 
9 employed by a private security contractor, private 
10 detective, or private alarm contractor agency licensed
by 
11 the Department of Financial and Professional Regulation, 
12 if their duties
include the carrying of a weapon under the 
13 provisions of the Private
Detective, Private Alarm,

14 Private Security, Fingerprint Vendor, and Locksmith Act of 
15 2004,
while actually
engaged in the performance of the 
16 duties of their employment or commuting
between their 
17 homes and places of employment. A person shall be 
18 considered eligible for this
exemption if he or she has 
19 completed the required 20
hours of training for a private 
20 security contractor, private
detective, or private alarm 
21 contractor, or employee of a licensed private security 
22 contractor, private detective, or private alarm contractor 
23 agency and 28 hours of required firearm
training, and has 
24 been issued a firearm control card by
the Department of 
25 Financial and Professional Regulation. Conditions for the 
26 renewal of
firearm control cards issued under the 
 
 
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1 provisions of this Section
shall be the same as for those 
2 cards issued under the provisions of the
Private 
3 Detective, Private Alarm,
Private Security, Fingerprint 
4 Vendor, and Locksmith Act of 2004. The
firearm control 
5 card shall be carried by the private security contractor, 
6 private
detective, or private alarm contractor, or 
7 employee of the licensed private security contractor, 
8 private detective, or private alarm contractor agency at 
9 all
times when he or she is in possession of a concealable 
10 weapon permitted by his or her firearm control card.

11  (6) Any person regularly employed in a commercial or 
12 industrial
operation as a security guard for the 
13 protection of persons employed
and private property 
14 related to such commercial or industrial
operation, while 
15 actually engaged in the performance of his or her
duty or 
16 traveling between sites or properties belonging to the

17 employer, and who, as a security guard, is a member of a 
18 security force registered with the Department of Financial 
19 and Professional
Regulation; provided that such security 
20 guard has successfully completed a
course of study, 
21 approved by and supervised by the Department of
Financial 
22 and Professional Regulation, consisting of not less than 
23 48 hours of training
that includes the theory of law 
24 enforcement, liability for acts, and the
handling of 
25 weapons. A person shall be considered eligible for this

26 exemption if he or she has completed the required 20
hours 
 
 
HB3197- 240 -LRB103 26878 RLC 53242 b


1 of training for a security officer and 28 hours of 
2 required firearm
training, and has been issued a firearm 
3 control card by
the Department of Financial and 
4 Professional Regulation. Conditions for the renewal of

5 firearm control cards issued under the provisions of this 
6 Section
shall be the same as for those cards issued under 
7 the provisions of the
Private Detective, Private Alarm,

8 Private Security, Fingerprint Vendor, and Locksmith Act of 
9 2004. The
firearm control card shall be carried by the 
10 security guard at all
times when he or she is in possession 
11 of a concealable weapon permitted by his or her firearm 
12 control card.

13  (7) Agents and investigators of the Illinois 
14 Legislative Investigating
Commission authorized by the 
15 Commission to carry the weapons specified in
subsections 
16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

17 any investigation for the Commission.

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

21 actually engaged in the performance of their duties, 
22 commuting between
their homes and places of employment, or 
23 traveling between sites or
properties owned or operated by 
24 such financial institution, and who, as a security guard, 
25 is a member of a security force registered with the 
26 Department; provided that
any person so employed has 
 
 
HB3197- 241 -LRB103 26878 RLC 53242 b


1 successfully completed a course of study,
approved by and 
2 supervised by the Department of Financial and Professional 
3 Regulation,
consisting of not less than 48 hours of 
4 training which includes theory of
law enforcement, 
5 liability for acts, and the handling of weapons.
A person 
6 shall be considered to be eligible for this exemption if 
7 he or
she has completed the required 20 hours of training 
8 for a security officer
and 28 hours of required firearm 
9 training, and has been issued a
firearm control card by 
10 the Department of Financial and Professional Regulation.

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

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

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

2  (11) Investigators of the Office of the State's 
3 Attorneys Appellate
Prosecutor authorized by the board of 
4 governors of the Office of the
State's Attorneys Appellate 
5 Prosecutor to carry weapons pursuant to
Section 7.06 of 
6 the State's Attorneys Appellate Prosecutor's Act.

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

9  (12.5) Probation officers while in the performance of 
10 their duties, or
while commuting between their homes, 
11 places of employment or specific locations
that are part 
12 of their assigned duties, with the consent of the chief 
13 judge of
the circuit for which they are employed, if they 
14 have received weapons training according
to requirements 
15 of the Peace Officer and Probation Officer Firearm 
16 Training Act.

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

21  (13.5) A person employed as an armed security guard at 
22 a nuclear energy,
storage, weapons or development site or 
23 facility regulated by the Nuclear
Regulatory Commission 
24 who has completed the background screening and training

25 mandated by the rules and regulations of the Nuclear 
26 Regulatory Commission.

 
 
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1  (14) Manufacture, transportation, or sale of weapons 
2 to
persons
authorized under subdivisions (1) through 
3 (13.5) of this
subsection
to
possess those weapons.

4 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
5to
or affect any person carrying a concealed pistol, revolver, 
6or handgun and the person has been issued a currently valid 
7license under the Firearm Concealed Carry Act at the time of 
8the commission of the offense.
9 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
10to
or affect a qualified current or retired law enforcement 
11officer or a current or retired deputy, county correctional 
12officer, or correctional officer of the Department of 
13Corrections qualified under the laws of this State or under 
14the federal Law Enforcement Officers Safety Act. 
15 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1624-1.6 do not
apply to or affect
any of the following:

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

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

25  (3) Hunters, trappers, or fishermen while engaged in 
26 lawful hunting,
trapping, or fishing under the provisions 
 
 
HB3197- 244 -LRB103 26878 RLC 53242 b


1 of the Wildlife Code or the Fish and Aquatic Life Code.

2  (4) Transportation of weapons that are broken down in 
3 a
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 
7 person's 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 
 
 
HB3197- 245 -LRB103 26878 RLC 53242 b


1 business of manufacturing such weapons or
ammunition, but 
2 only with respect to activities which are within the 
3 lawful
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 
16 experimental activities necessary thereto, of
rifles, 
17 shotguns, and weapons made from rifles or shotguns,
or 
18 ammunition for such rifles, shotguns or weapons, where 
19 engaged in
by a person operating as a contractor or 
20 subcontractor pursuant to a
contract or subcontract for 
21 the development and supply of such rifles,
shotguns, 
22 weapons or ammunition to the United States government or 
23 any
branch of the Armed Forces of the United States, when 
24 such activities are
necessary and incident to fulfilling 
25 the terms of such contract.

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

 
 
HB3197- 246 -LRB103 26878 RLC 53242 b


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

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

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

24 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
25Section 24-1.6
do not apply
to members of any club or 
26organization organized for the purpose of practicing
shooting 
 
 
HB3197- 247 -LRB103 26878 RLC 53242 b


1at targets upon established target ranges, whether public or 
2private,
while using their firearms on those target ranges.

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

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

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

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

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

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

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

26ammunition
for those firearms equipped with those devices, and 
 
 
HB3197- 248 -LRB103 26878 RLC 53242 b


1actually engaged in the
business of manufacturing those 
2devices, firearms, or ammunition, but only with
respect to

3activities that are within the lawful scope of that business, 
4such as the
manufacture, transportation, or testing of those 
5devices, firearms, or
ammunition. This
exemption does not 
6authorize the general private possession of any device or

7attachment of any kind designed, used, or intended for use in 
8silencing the
report of any firearm, but only such possession 
9and activities as are within
the
lawful scope of a licensed 
10manufacturing business described in this subsection
(g-5). 
11During transportation, these devices shall be detached from 
12any weapon
or
not immediately accessible.

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

1424-1.6 do not apply to
or affect any parole agent or parole 
15supervisor who meets the qualifications and conditions 
16prescribed in Section 3-14-1.5 of the Unified Code of 
17Corrections. 
18 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
19officer while serving as a member of a tactical response team 
20or special operations team. A peace officer may not personally 
21own or apply for ownership of a device or attachment of any 
22kind designed, used, or intended for use in silencing the 
23report of any firearm. These devices shall be owned and 
24maintained by lawfully recognized units of government whose 
25duties include the investigation of criminal acts.
26 (g-10) (Blank). 
 
 
HB3197- 249 -LRB103 26878 RLC 53242 b


1 (h) An information or indictment based upon a violation of 
2any
subsection of this Article need not negative any 
3exemptions contained in
this Article. The defendant shall have 
4the burden of proving such an
exemption.

5 (i) Nothing in this Article shall prohibit, apply to, or 
6affect
the transportation, carrying, or possession, of any 
7pistol or revolver,
stun gun, taser, or other firearm 
8consigned to a common carrier operating
under license of the 
9State of Illinois or the federal government, where
such 
10transportation, carrying, or possession is incident to the 
11lawful
transportation in which such common carrier is engaged; 
12and nothing in this
Article shall prohibit, apply to, or 
13affect the transportation, carrying,
or possession of any 
14pistol, revolver, stun gun, taser, or other firearm,
not the 
15subject of and regulated by subsection 24-1(a)(7) or 
16subsection
24-2(c) of this Article, which is unloaded and 
17enclosed in a case, firearm
carrying box, shipping box, or 
18other container, by a person eligible under State and federal

19law to possess a firearm the possessor of a valid
Firearm 
20Owners Identification Card.

21(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; 
22102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised 
2312-14-22.)



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


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

 
 
HB3197- 250 -LRB103 26878 RLC 53242 b


1 (A) A person commits the offense of unlawful sale or 
2delivery of firearms when he
or she knowingly does any of the 
3following:

4  (a) Sells or gives any firearm of a size which may be 
5 concealed upon the
person to any person under 18 years of 
6 age.

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

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

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

14  (e) Sells or gives any firearm to any person who has 
15 been a patient in a
mental institution within the past 5 
16 years. In this subsection (e):
17   "Mental institution" means any hospital, 
18 institution, clinic, evaluation facility, mental 
19 health center, or part thereof, which is used 
20 primarily for the care or treatment of persons with 
21 mental illness. 
22   "Patient in a mental institution" means the person 
23 was admitted, either voluntarily or involuntarily, to 
24 a mental institution for mental health treatment, 
25 unless the treatment was voluntary and solely for an 
26 alcohol abuse disorder and no other secondary 
 
 
HB3197- 251 -LRB103 26878 RLC 53242 b


1 substance abuse disorder or mental illness.

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

4  (g) Delivers any firearm, incidental to a sale, 
5 without withholding delivery of the firearm
for at least 
6 72 hours after application for its purchase has been made, 
7 or
delivers a stun gun or taser, incidental to a sale,

8 without withholding delivery of the stun gun or taser for

9 at least 24 hours after application for its purchase has 
10 been made.
However,
this paragraph (g) does not apply to: 
11 (1) the sale of a firearm
to a law enforcement officer if 
12 the seller of the firearm knows that the person to whom he 
13 or she is selling the firearm is a law enforcement officer 
14 or the sale of a firearm to a person who desires to 
15 purchase a firearm for
use in promoting the public 
16 interest incident to his or her employment as a
bank 
17 guard, armed truck guard, or other similar employment; (2) 
18 a mail
order sale of a firearm from a federally licensed 
19 firearms dealer to a nonresident of Illinois under which 
20 the firearm
is mailed to a federally licensed firearms 
21 dealer outside the boundaries of Illinois; (3) (blank); 
22 (4) the sale of a
firearm to a dealer licensed as a federal 
23 firearms dealer under Section 923
of the federal Gun 
24 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
25 sale of any rifle, shotgun, or other long gun to a resident 
26 registered competitor or attendee or non-resident 
 
 
HB3197- 252 -LRB103 26878 RLC 53242 b


1 registered competitor or attendee by any dealer licensed 
2 as a federal firearms dealer under Section 923 of the 
3 federal Gun Control Act of 1968 at competitive shooting 
4 events held at the World Shooting Complex sanctioned by a 
5 national governing body. For purposes of transfers or 
6 sales under subparagraph (5) of this paragraph (g), the 
7 Department of Natural Resources shall give notice to the 
8 Illinois State Police at least 30 calendar days prior to 
9 any competitive shooting events at the World Shooting 
10 Complex sanctioned by a national governing body. The 
11 notification shall be made on a form prescribed by the 
12 Illinois State Police. The sanctioning body shall provide 
13 a list of all registered competitors and attendees at 
14 least 24 hours before the events to the Illinois State 
15 Police. Any changes to the list of registered competitors 
16 and attendees shall be forwarded to the Illinois State 
17 Police as soon as practicable. The Illinois State Police 
18 must destroy the list of registered competitors and 
19 attendees no later than 30 days after the date of the 
20 event. Nothing in this paragraph (g) relieves a federally 
21 licensed firearm dealer from the requirements of 
22 conducting a NICS background check through the Illinois 
23 Point of Contact under 18 U.S.C. 922(t). For purposes of 
24 this paragraph (g), "application" means when the buyer and 
25 seller reach an agreement to purchase a firearm.
For 
26 purposes of this paragraph (g), "national governing body" 
 
 
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1 means a group of persons who adopt rules and formulate 
2 policy on behalf of a national firearm sporting 
3 organization. 

4  (h) While holding any license
as a dealer,
importer, 
5 manufacturer or pawnbroker
under the federal Gun Control 
6 Act of 1968,
manufactures, sells or delivers to any 
7 unlicensed person a handgun having
a barrel, slide, frame 
8 or receiver which is a die casting of zinc alloy or
any 
9 other nonhomogeneous metal which will melt or deform at a 
10 temperature
of less than 800 degrees Fahrenheit. For 
11 purposes of this paragraph, (1)
"firearm" has the meaning

12 provided in Section 2-7.5 of the Criminal Code of 2012 is 
13 defined as in the Firearm Owners Identification Card Act; 
14 and (2)
"handgun" is defined as a firearm designed to be 
15 held
and fired by the use of a single hand, and includes a 
16 combination of parts from
which such a firearm can be 
17 assembled.

18  (i) Sells or gives a firearm of any size to any person 
19 under 18 years of
age who is not eligible under State or

20 federal law to possess a firearm does not possess a valid 
21 Firearm Owner's Identification Card.

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

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

4 principal objective of livelihood and profit, but does not 
5 include a person who
makes occasional repairs of firearms 
6 or who occasionally fits special barrels,
stocks, or 
7 trigger mechanisms to firearms.

8  "With the principal objective of livelihood and 
9 profit" means that the
intent
underlying the sale or 
10 disposition of firearms is predominantly one of
obtaining 
11 livelihood and pecuniary gain, as opposed to other 
12 intents, such as
improving or liquidating a personal 
13 firearms collection; however, proof of
profit shall not be 
14 required as to a person who engages in the regular and

15 repetitive purchase and disposition of firearms for 
16 criminal purposes or
terrorism.

17  (k) (Blank). Sells or transfers ownership of a firearm 
18 to a person who does not display to the seller or 
19 transferor of the firearm either: (1) a currently valid 
20 Firearm Owner's Identification Card that has previously 
21 been issued in the transferee's name by the Illinois State 
22 Police under the provisions of the Firearm Owners 
23 Identification Card Act; or (2) a currently valid license 
24 to carry a concealed firearm that has previously been 
25 issued in the transferee's name by the
Illinois State 
26 Police under the Firearm Concealed Carry Act. This 
 
 
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1 paragraph (k) does not apply to the transfer of a firearm 
2 to a person who is exempt from the requirement of 
3 possessing a Firearm Owner's Identification Card under 
4 Section 2 of the Firearm Owners Identification Card Act. 
5 For the purposes of this Section, a currently valid 
6 Firearm Owner's Identification Card or license to carry a 
7 concealed firearm means receipt of an approval number 
8 issued in accordance with subsection (a-10) of Section 3 
9 or Section 3.1 of the Firearm Owners Identification Card 
10 Act.
11   (1) (Blank). In addition to the other requirements 
12 of this paragraph (k), all persons who are not 
13 federally licensed firearms dealers must also have 
14 complied with subsection (a-10) of Section 3 of the 
15 Firearm Owners Identification Card Act by determining 
16 the validity of a purchaser's Firearm Owner's 
17 Identification Card.
18   (2) (Blank). All sellers or transferors who have 
19 complied with the requirements of subparagraph (1) of 
20 this paragraph (k) shall not be liable for damages in 
21 any civil action arising from the use or misuse by the 
22 transferee of the firearm transferred, except for 
23 willful or wanton misconduct on the part of the seller 
24 or transferor. 
25  (l) Not
being entitled to the possession of a firearm, 
26 delivers the
firearm, knowing it to have been stolen or 
 
 
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1 converted. It may be inferred that
a person who possesses 
2 a firearm with knowledge that its serial number has
been 
3 removed or altered has knowledge that the firearm is 
4 stolen or converted. 
5 (B) Paragraph (h) of subsection (A) does not include 
6firearms sold within 6
months after enactment of Public
Act 
778-355 (approved August 21, 1973, effective October 1, 1973), 
8nor is any
firearm legally owned or
possessed by any citizen or 
9purchased by any citizen within 6 months after the
enactment 
10of Public Act 78-355 subject
to confiscation or seizure under 
11the provisions of that Public Act. Nothing in
Public Act 
1278-355 shall be construed to prohibit the gift or trade of
any 
13firearm if that firearm was legally held or acquired within 6 
14months after
the enactment of that Public Act.

15 (C) Sentence.

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

19  (2) Any person convicted of unlawful sale or delivery 
20 of firearms in violation of
paragraph (b) or (i) of 
21 subsection (A) commits a Class 3 felony.

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

25  (4) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (a), (b), or (i) of 
 
 
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1 subsection (A) in any school, on the real
property 
2 comprising a school, within 1,000 feet of the real 
3 property comprising
a school, at a school related 
4 activity, or on or within 1,000 feet of any
conveyance 
5 owned, leased, or contracted by a school or school 
6 district to
transport students to or from school or a 
7 school related activity,
regardless of the time of day or 
8 time of year at which the offense
was committed, commits a 
9 Class 1 felony. Any person convicted of a second
or 
10 subsequent violation of unlawful sale or delivery of 
11 firearms in violation of paragraph
(a), (b), or (i) of 
12 subsection (A) in any school, on the real property

13 comprising a school, within 1,000 feet of the real 
14 property comprising a
school, at a school related 
15 activity, or on or within 1,000 feet of any
conveyance 
16 owned, leased, or contracted by a school or school 
17 district to
transport students to or from school or a 
18 school related activity,
regardless of the time of day or 
19 time of year at which the offense
was committed, commits a 
20 Class 1 felony for which the sentence shall be a
term of 
21 imprisonment of no less than 5 years and no more than 15 
22 years.

23  (5) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (a) or (i) of 
25 subsection (A) in residential property owned,
operated, or 
26 managed by a public housing agency or leased by a public 
 
 
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1 housing
agency as part of a scattered site or mixed-income 
2 development, in a public
park, in a
courthouse, on 
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 on the real property comprising any public park,
on the 
7 real
property comprising any courthouse, or on any public 
8 way within 1,000 feet
of the real property comprising any 
9 public park, courthouse, or residential
property owned, 
10 operated, or managed by a public housing agency or leased 
11 by a
public housing agency as part of a scattered site or 
12 mixed-income development
commits a
Class 2 felony.

13  (6) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of
paragraph (j) of subsection 
15 (A) commits a Class A misdemeanor. A second or
subsequent 
16 violation is a Class 4 felony.
17  (7) (Blank). Any person convicted of unlawful sale or 
18 delivery of firearms in violation of paragraph (k) of 
19 subsection (A) commits a Class 4 felony, except that a 
20 violation of subparagraph (1) of paragraph (k) of 
21 subsection (A) shall not be punishable as a crime or petty 
22 offense. A third or subsequent conviction for a violation 
23 of paragraph (k) of subsection (A) is a Class 1 felony.


24  (8) A person 18 years of age or older convicted of 
25 unlawful sale or delivery of firearms in violation of 
26 paragraph (a) or (i) of subsection (A), when the firearm 
 
 
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1 that was sold or given to another person under 18 years of 
2 age was used in the commission of or attempt to commit a 
3 forcible felony, shall be fined or imprisoned, or both, 
4 not to exceed the maximum provided for the most serious 
5 forcible felony so committed or attempted by the person 
6 under 18 years of age who was sold or given the firearm. 
7  (9) Any person convicted of unlawful sale or delivery 
8 of firearms in violation of
paragraph (d) of subsection 
9 (A) commits a Class 3 felony.
10  (10) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of paragraph (l) of subsection 
12 (A) commits a Class 2 felony if the delivery is of one 
13 firearm. Any person convicted of unlawful sale or delivery 
14 of firearms in violation of paragraph (l) of subsection 
15 (A) commits a Class 1 felony if the delivery is of not less 
16 than 2 and not more than 5 firearms at the
same time or 
17 within a one-year period. Any person convicted of unlawful 
18 sale or delivery of firearms in violation of paragraph (l) 
19 of subsection (A) commits a Class X felony for which he or 
20 she shall be sentenced
to a term of imprisonment of not 
21 less than 6 years and not more than 30
years if the 
22 delivery is of not less than 6 and not more than 10 
23 firearms at the
same time or within a 2-year period. Any 
24 person convicted of unlawful sale or delivery of firearms 
25 in violation of paragraph (l) of subsection (A) commits a 
26 Class X felony for which he or she shall be sentenced
to a 
 
 
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1 term of imprisonment of not less than 6 years and not more 
2 than 40
years if the delivery is of not less than 11 and 
3 not more than 20 firearms at the
same time or within a 
4 3-year period. Any person convicted of unlawful sale or 
5 delivery of firearms in violation of paragraph (l) of 
6 subsection (A) commits a Class X felony for which he or she 
7 shall be sentenced
to a term of imprisonment of not less 
8 than 6 years and not more than 50
years if the delivery is 
9 of not less than 21 and not more than 30 firearms at the

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

15 years if the delivery is of 31 or more firearms at the
same 
16 time or within a 5-year period. 
17 (D) For purposes of this Section:

18 "School" means a public or private elementary or secondary 
19school,
community college, college, or university.

20 "School related activity" means any sporting, social, 
21academic, or
other activity for which students' attendance or 
22participation is sponsored,
organized, or funded in whole or 
23in part by a school or school district.

24 (E) (Blank). A prosecution for a violation of paragraph 
25(k) of subsection (A) of this Section may be commenced within 6 
26years after the commission of the offense. A prosecution for a 
 
 
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1violation of this Section other than paragraph (g) of 
2subsection (A) of this Section may be commenced within 5 years 
3after the commission of the offense defined in the particular 
4paragraph.

5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
6102-813, eff. 5-13-22.)




7 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



8 Sec. 24-3.1. Unlawful possession of firearms and firearm 
9ammunition. 

10 (a) A person commits the offense of unlawful possession of 
11firearms
or firearm ammunition when:


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


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


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


21  (4) He has been a patient in a mental institution 
22 within the past 5 years
and has
any firearms or firearm 
23 ammunition in his possession. For purposes of this 
24 paragraph (4):
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 
3 primarily for the care or treatment of persons with 
4 mental 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; or


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


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

15 For purposes of this paragraph "explosive bullet" means 
16the projectile
portion of an ammunition cartridge which 
17contains or carries an explosive
charge which will explode 
18upon contact with the flesh of a human or an animal.

19"Cartridge" means a tubular metal case having a projectile 
20affixed at the
front thereof and a cap or primer at the rear 
21end thereof, with the propellant
contained in such tube 
22between the projectile and the cap.

23 (a-5) A person prohibited from possessing a firearm under 
24this Section may petition the Director of the Illinois State 
25Police for a hearing and relief from the prohibition, unless 
26the prohibition was based upon a forcible felony, stalking, 
 
 
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1aggravated stalking, domestic battery, any violation of the 
2Illinois Controlled Substances Act, the Methamphetamine 
3Control and Community Protection Act, or the Cannabis Control 
4Act that is classified as a Class 2 or greater felony, any 
5felony violation of Article 24 of the Criminal Code of 1961 or 
6the Criminal Code of 2012, or any adjudication as a delinquent 
7minor for the commission of an offense that if committed by an 
8adult would be a felony, in which case the person may petition 
9the circuit court in writing in the county of his or her 
10residence for a hearing and relief from the prohibition. The 
11Director or court may grant the relief if it is established by 
12the petitioner to the court's or Director's satisfaction that: 
13  (1) when in the circuit court, the State's Attorney 
14 has been served with a written copy of the petition at 
15 least 30 days before any hearing in the circuit court and 
16 at the hearing the State's Attorney was afforded an 
17 opportunity to present evidence and object to the 
18 petition;
19  (2) the petitioner has not been convicted of a

20 forcible felony under the laws of this State or any other 
21 jurisdiction within 20 years of the filing of the 
22 petition, or at least 20 years have passed since the end of 
23 any period of imprisonment imposed in relation to that 
24 conviction;
25  (3) the circumstances regarding a criminal
conviction, 
26 where applicable, the petitioner's criminal history and 
 
 
HB3197- 264 -LRB103 26878 RLC 53242 b


1 his reputation are such that the petitioner will not be 
2 likely to act in a manner dangerous to public safety;
3  (4) granting relief would not be contrary to the

4 public interest; and
5  (5) granting relief would not be contrary to federal

6 law. 
7 (b) Sentence.

8 Unlawful possession of firearms, other than handguns, and 
9firearm
ammunition is a Class A misdemeanor. Unlawful 
10possession of handguns is a
Class 4 felony. The possession of 
11each firearm or firearm ammunition in violation of this 
12Section constitutes a single and separate violation.


13 (c) Nothing in paragraph (1) of subsection (a) of this 
14Section prohibits
a person under 18 years of age from 
15participating in any lawful recreational
activity with a 
16firearm such as, but not limited to, practice shooting at

17targets upon established public or private target ranges or 
18hunting, trapping,
or fishing in accordance with the Wildlife 
19Code or the Fish and Aquatic Life
Code.

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





21 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



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

23 (a) A person
commits the offense of unlawful discharge of 
24firearm projectiles when he
or she knowingly
or recklessly 
25uses an armor piercing bullet, dragon's
breath shotgun shell, 
 
 
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1bolo shell, or flechette
shell
in violation of
this Section.

2 For purposes of this Section:

3 "Armor piercing bullet" means
any handgun bullet or 
4handgun ammunition with projectiles or projectile cores

5constructed entirely (excluding the presence of traces of 
6other substances)
from tungsten alloys, steel, iron, brass, 
7bronze, beryllium copper
or depleted uranium, or fully 
8jacketed bullets larger than 22 caliber whose
jacket
has a 
9weight of more than 25% of the total weight of the projectile, 
10and
excluding those handgun
projectiles whose cores are 
11composed of soft materials such as lead or lead
alloys, zinc or 
12zinc alloys, frangible projectiles designed primarily for

13sporting purposes, and any
other projectiles or projectile 
14cores that the U. S. Secretary of the Treasury
finds to be 
15primarily intended to be used for sporting purposes or 
16industrial
purposes or that otherwise does not constitute 
17"armor piercing ammunition" as
that term is defined by federal 
18law.

19 "Dragon's breath shotgun shell" means any shotgun shell 
20that contains
exothermic pyrophoric mesh metal as the 
21projectile and is designed for the
purpose of throwing or 
22spewing a flame or fireball to simulate a flame-thrower.

23 "Bolo shell" means any shell that can be fired in a firearm 
24and expels as
projectiles 2 or more metal balls connected by 
25solid metal wire.

26 "Flechette shell" means any shell that can be fired in a 
 
 
HB3197- 266 -LRB103 26878 RLC 53242 b


1firearm and expels
2 or more pieces of fin-stabilized solid 
2metal wire or 2 or more solid
dart-type
projectiles.

3 (b) A person commits a Class X felony when he or she, 
4knowing that a
firearm,
as defined in Section
1.1 of the 
5Firearm Owners Identification Card
Act, is loaded with an 
6armor
piercing bullet, dragon's breath shotgun shell, bolo

7shell, or flechette
shell,
intentionally or recklessly 
8discharges such firearm and such bullet or
shell strikes
any 
9other person.

10 (c) Any person who possesses, concealed on or about his or 
11her person,
an armor
piercing bullet, dragon's breath shotgun 
12shell, bolo
shell, or flechette
shell
and a firearm suitable 
13for the discharge thereof is guilty
of a Class 2 felony.

14 (d) This Section does not apply to or affect any of the 
15following:


16  (1) Peace officers;


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
duties;


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


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

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





2 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



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

4 (a) It shall be unlawful for any person who holds a license 
5to sell at
retail any alcoholic liquor issued by the Illinois 
6Liquor Control
Commission or local liquor control commissioner 
7under the Liquor Control Act
of 1934 or an agent or employee of 
8the licensee to sell or deliver to any
other person a firearm 
9in or on the real property of the establishment
where the 
10licensee is licensed to sell alcoholic liquors unless the sale 
11or
delivery of the firearm is otherwise lawful under this 
12Article and under the
Firearm Owners Identification Card Act.

13 (b) Sentence. A violation of subsection (a) of this 
14Section is a
Class 4 felony.

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





16 (720 ILCS 5/24-3.5)


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

18 (a) For purposes of this Section,
"firearms transaction 
19record form" means a form:


20  (1) executed by a transferee
of a firearm stating: (i) 
21 the transferee's name and address (including county
or 
22 similar political subdivision); (ii) whether the 
23 transferee is a citizen of
the United States;
(iii) the 
24 transferee's State of residence; and (iv) the date and 
 
 
HB3197- 268 -LRB103 26878 RLC 53242 b


1 place of
birth, height, weight, and race of the 
2 transferee; and


3  (2) on which the transferee certifies that he or she 
4 is not
prohibited by federal law from transporting or 
5 shipping a firearm
in interstate or foreign commerce or 
6 receiving a firearm that has been shipped
or transported 
7 in interstate or foreign commerce or possessing a firearm 
8 in or
affecting commerce.

9 (b) A person commits the offense of unlawful purchase of a 
10firearm who
knowingly purchases or attempts to purchase a

11firearm with the intent to deliver that firearm to another 
12person who
is prohibited by federal or State law from 
13possessing a firearm.

14 (c) A person commits the offense of unlawful purchase of a 
15firearm when he
or she, in purchasing or attempting to 
16purchase a firearm, intentionally
provides false or
misleading 
17information on a United States Department of the Treasury, 
18Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
19record form.

20 (d) Exemption. It is not a violation of subsection (b) of 
21this Section for a
person to make a gift or loan of a firearm 
22to a
person who is not
prohibited by federal or State law from 
23possessing a firearm
if the transfer of the firearm
is made in 
24accordance with Section 3 of the Firearm Owners Identification 
25Card
Act.

26 (e) Sentence.


 
 
HB3197- 269 -LRB103 26878 RLC 53242 b


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


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


5   (B) is guilty of a Class 1 felony for purchasing or 
6 attempting to
purchase not less than 2
firearms and 
7 not more than 5 firearms at the same time or within a 
8 one
year period;


9   (C) is guilty of a Class X felony for which the 
10 offender shall be sentenced to a term of imprisonment 
11 of not less than 9 years and not more than 40 years for 
12 purchasing or attempting to
purchase not less than 6

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


14  (2) In addition to any other penalty that may be 
15 imposed for a violation
of this Section, the court may 
16 sentence a person convicted of a violation of
subsection 
17 (c) of this Section to a fine not to exceed $250,000 for 
18 each
violation.

19 (f) A prosecution for unlawful purchase of a firearm may 
20be commenced within 6 years after the commission of the 
21offense.

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


23 (720 ILCS 5/24-3B)
24 Sec. 24-3B. Firearms trafficking.
25 (a) A person commits firearms trafficking when he or she 
 
 
HB3197- 270 -LRB103 26878 RLC 53242 b


1is prohibited under federal or State law from possessing a

2firearm has not been issued a currently valid Firearm Owner's 
3Identification Card and knowingly:
4  (1) brings, or causes to be brought, into this State, 
5 a firearm or firearm ammunition for the purpose of sale, 
6 delivery, or transfer to any other person or with the 
7 intent to sell, deliver, or transfer the firearm or 
8 firearm ammunition to any other person; or
9  (2) brings, or causes to be brought, into this State, 
10 a firearm and firearm ammunition for the purpose of sale, 
11 delivery, or transfer to any other person or with the 
12 intent to sell, deliver, or transfer the firearm and 
13 firearm ammunition to any other person.
14 (a-5) (Blank). This Section does not apply to: 
15  (1) a person exempt under Section 2 of the Firearm 
16 Owners Identification Card Act from the requirement of 
17 having possession of a Firearm Owner's Identification Card 
18 previously issued in his or her name by the Illinois State 
19 Police in order to acquire or possess a firearm or firearm 
20 ammunition; 
21  (2) a common carrier under subsection (i) of Section 
22 24-2 of this Code; or 
23  (3) a non-resident who may lawfully possess a firearm 
24 in his or her resident state. 
25 (b) Sentence.
26  (1) Firearms trafficking is a Class 1 felony for which 
 
 
HB3197- 271 -LRB103 26878 RLC 53242 b


1 the person, if sentenced to a term of imprisonment, shall 
2 be sentenced to not less than 4 years and not more than 20 
3 years.
4  (2) Firearms trafficking by a person who has been 
5 previously convicted of firearms trafficking, gunrunning, 
6 or a felony offense for the unlawful sale, delivery, or 
7 transfer of a firearm or firearm ammunition in this State 
8 or another jurisdiction is a Class X felony. 

9(Source: P.A. 102-538, eff. 8-20-21.)

10 (720 ILCS 5/24-4.1)

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

12 (a) If a person who possesses a valid Firearm Owner's 
13Identification Card and who possesses or acquires a firearm 
14thereafter loses the firearm, or if the firearm is stolen from 
15the person, the person must report the loss or theft to the 
16local law enforcement agency within 72 hours after obtaining 
17knowledge of the loss or theft.
18 (b) A law enforcement agency having jurisdiction shall 
19take a written report and shall, as soon as practical, enter 
20the firearm's serial number as stolen into the Law Enforcement 
21Agencies Data System (LEADS).
22 (c) A person shall not be in violation of this Section if:
23  (1) the failure to report is due to an act of God, act 
24 of war, or inability of a law enforcement agency to 
25 receive the report;
 
 
HB3197- 272 -LRB103 26878 RLC 53242 b


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

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

10 (720 ILCS 5/24-4.5 new)

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

18allows the caller to be charged a fee not to exceed $2. Fees 
19collected by the Illinois
State Police shall be deposited in 
20the State Police Services Fund and used
to provide the 
21service.
22 (b) Upon receiving a request from a federally licensed 
23firearm dealer, gun show promoter, or gun show vendor, the

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

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

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

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

23 (e)(1) The Illinois State Police must act as the Illinois 
24Point of Contact
for the National Instant Criminal Background 
25Check System.
26 (2) The Illinois State Police and the Department of Human 
 
 
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1Services shall, in accordance with State and federal law 
2regarding confidentiality, enter into a memorandum of 
3understanding with the Federal Bureau of Investigation for the 
4purpose of implementing the National Instant Criminal 
5Background Check System in the State. The Department of State 
6Police shall report the name, date of birth, and physical 
7description of any person prohibited from possessing a firearm 
8under this Code or 18 U.S.C. 922(g) and (n) to the National 
9Instant Criminal Background Check System Index, Denied Persons 
10Files.
11 (f) The Illinois State Police shall adopt rules not 
12inconsistent with this Section to implement this
system.


13 (720 ILCS 5/24-5.1)
14 Sec. 24-5.1. Serialization of unfinished frames or 
15receivers; prohibition on unserialized firearms; exceptions; 
16penalties.
17 (a) In this Section:
18 "Bona fide supplier" means an established business entity 
19engaged in the development and sale of firearms parts to one or 
20more federal firearms manufacturers or federal firearms 
21importers. 
22 "Federal firearms dealer" means a licensed manufacturer 
23pursuant to 18 U.S.C. 921(a)(11).
24 "Federal firearms importer" means a licensed importer 
25pursuant to 18 U.S.C. 921(a)(9).
 
 
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1 "Federal firearms manufacturer" means a licensed 
2manufacturer pursuant to 18 U.S.C. 921(a)(10).
3 "Frame or receiver" means a part of a firearm that, when 
4the complete weapon is assembled, is visible from the exterior 
5and provides housing or a structure designed to hold or 
6integrate one or more fire control components, even if pins or 
7other attachments are required to connect those components to 
8the housing or structure. For models of firearms in which 
9multiple parts provide such housing or structure, the part or 
10parts that the Director of the federal Bureau of Alcohol, 
11Tobacco, Firearms and Explosives has determined are a frame or 
12receiver constitute the frame or receiver. For purposes of 
13this definition, "fire control component" means a component 
14necessary for the firearm to initiate, complete, or continue 
15the firing sequence, including any of the following: hammer, 
16bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
17firing pin, striker, or slide rails.
18 "Security exemplar" means an object to be fabricated at 
19the direction of the United States Attorney General that is 
20(1) constructed of 3.7 ounces of material type 17-4 PH 
21stainless steel in a shape resembling a handgun and (2) 
22suitable for testing and calibrating metal detectors. 
23 "Three-dimensional printer" means a computer or 
24computer-drive machine capable of producing a 
25three-dimensional object from a digital model.
26 "Undetectable firearm" means (1) a firearm constructed 
 
 
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1entirely of non-metal substances; (2) a firearm that, after 
2removal of all parts but the major components of the firearm, 
3is not detectable by walk-through metal detectors calibrated 
4and operated to detect the security exemplar; or (3) a firearm 
5that includes a major component of a firearm, which, if 
6subject to the types of detection devices commonly used at 
7airports for security screening, would not generate an image 
8that accurately depicts the shape of the component. 
9"Undetectable firearm" does not include a firearm subject to 
10the provisions of 18 U.S.C. 922(p)(3) through (6). 
11 "Unfinished frame or receiver" means any forging, casting, 
12printing, extrusion, machined body, or similar article that:
13  (1) has reached a stage in manufacture where it may 
14 readily be completed, assembled, or converted to be a 
15 functional firearm; or
16  (2) is marketed or sold to the public to become or be 
17 used as the frame or receiver of a functional firearm once 
18 completed, assembled, or converted.
19 "Unserialized" means lacking a serial number imprinted by:
20  (1) a federal firearms manufacturer, federal firearms 
21 importer, federal firearms dealer, or other federal 
22 licensee authorized to provide marking services, pursuant 
23 to a requirement under federal law; or
24  (2) a federal firearms dealer or other federal 
25 licensee authorized to provide marking services pursuant 
26 to subsection (f) of this Section. 
 
 
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1 (b) It is unlawful for any person to knowingly sell, offer 
2to sell, or transfer an unserialized unfinished frame or 
3receiver or unserialized firearm, including those produced 
4using a three-dimensional printer, unless the party purchasing 
5or receiving the unfinished frame or receiver or unserialized 
6firearm is a federal firearms importer, federal firearms 
7manufacturer, or federal firearms dealer.
8 (c) Beginning 180 days after the effective date of this 
9amendatory Act of the 102nd General Assembly, it is unlawful 
10for any person to knowingly possess, transport, or receive an 
11unfinished frame or receiver, unless:
12  (1) the party possessing or receiving the unfinished 
13 frame or receiver is a federal firearms importer or 
14 federal firearms manufacturer;
15  (2) the unfinished frame or receiver is possessed or 
16 transported by a person for transfer to a federal firearms 
17 importer or federal firearms manufacturer; or
18  (3) the unfinished frame or receiver has been 
19 imprinted with a serial number issued by a federal 
20 firearms importer or federal firearms manufacturer in 
21 compliance with subsection (f) of this Section. 
22 (d) Beginning 180 days after the effective date of this 
23amendatory Act of the 102nd General Assembly, unless the party 
24receiving the firearm is a federal firearms importer or 
25federal firearms manufacturer, it is unlawful for any person 
26to knowingly possess, purchase, transport, or receive a 
 
 
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1firearm that is not imprinted with a serial number by (1) a 
2federal firearms importer or federal firearms manufacturer in 
3compliance with all federal laws and regulations regulating 
4the manufacture and import of firearms or (2) a federal 
5firearms manufacturer, federal firearms dealer, or other 
6federal licensee authorized to provide marking services in 
7compliance with the unserialized firearm serialization process 
8under subsection (f) of this Section. 
9 (e) Any firearm or unfinished frame or receiver 
10manufactured using a three-dimensional printer must also be 
11serialized in accordance with the requirements of subsection 
12(f) within 30 days after the effective date of this amendatory 
13Act of the 102nd General Assembly, or prior to reaching a stage 
14of manufacture where it may be readily completed, assembled, 
15or converted to be a functional firearm.
16 (f) Unserialized unfinished frames or receivers and 
17unserialized firearms serialized pursuant to this Section 
18shall be serialized in compliance with all of the following:
19  (1) An unserialized unfinished frame or receiver and 
20 unserialized firearm shall be serialized by a federally 
21 licensed firearms dealer or other federal licensee 
22 authorized to provide marking services with the licensee's 
23 abbreviated federal firearms license number as a prefix 
24 (which is the first 3 and last 5 digits) followed by a 
25 hyphen, and then followed by a number as a suffix, such as 
26 12345678-(number). The serial number or numbers must be 
 
 
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1 placed in a manner that accords with the requirements 
2 under federal law for affixing serial numbers to firearms, 
3 including the requirements that the serial number or 
4 numbers be at the minimum size and depth, and not 
5 susceptible to being readily obliterated, altered, or 
6 removed, and the licensee must retain records that accord 
7 with the requirements under federal law in the case of the 
8 sale of a firearm. The imprinting of any serial number 
9 upon a undetectable firearm must be done on a steel plaque 
10 in compliance with 18 U.S.C. 922(p).
11  (2) Every federally licensed firearms dealer or other 
12 federal licensee that engraves, casts, stamps, or 
13 otherwise conspicuously and permanently places a unique 
14 serial number pursuant to this Section shall maintain a 
15 record of such indefinitely. Licensees subject to the 
16 Firearm Dealer License Certification Act shall make all 
17 records accessible for inspection upon the request of the 
18 Illinois State Police or a law enforcement agency in 
19 accordance with Section 5-35 of the Firearm Dealer License 
20 Certification Act.
21  (3) Every federally licensed firearms dealer or other 
22 federal licensee that engraves, casts, stamps, or 
23 otherwise conspicuously and permanently places a unique 
24 serial number pursuant to this Section shall record it at 
25 the time of every transaction involving the transfer of a 
26 firearm, rifle, shotgun, finished frame or receiver, or 
 
 
HB3197- 280 -LRB103 26878 RLC 53242 b


1 unfinished frame or receiver that has been so marked in 
2 compliance with the federal guidelines set forth in 27 CFR 
3 478.124.
4  (4) (Blank). Every federally licensed firearms dealer 
5 or other federal licensee that engraves, casts, stamps, or 
6 otherwise conspicuously and permanently places a unique 
7 serial number pursuant to this Section shall review and 
8 confirm the validity of the owner's Firearm Owner's 
9 Identification Card issued under the Firearm Owners 
10 Identification Card Act prior to returning the firearm to 
11 the owner.
12 (g) Within 30 days after the effective date of this 
13amendatory Act of the 102nd General Assembly, the Director of 
14the Illinois State Police shall issue a public notice 
15regarding the provisions of this Section. The notice shall 
16include posting on the Illinois State Police website and may 
17include written notification or any other means of 
18communication statewide to all Illinois-based federal firearms 
19manufacturers, federal firearms dealers, or other federal 
20licensees authorized to provide marking services in compliance 
21with the serialization process in subsection (f) in order to 
22educate the public.
23 (h) Exceptions. This Section does not apply to an 
24unserialized unfinished frame or receiver or an unserialized 
25firearm that:
26  (1) has been rendered permanently inoperable;
 
 
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1  (2) is an antique firearm, as defined in 18 U.S.C. 
2 921(a)(16);
3  (3) was manufactured prior to October 22, 1968;
4  (4) is an unfinished frame or receiver and is 
5 possessed by a bona fide supplier exclusively for transfer 
6 to a federal firearms manufacturer or federal firearms 
7 importer, or is possessed by a federal firearms 
8 manufacturer or federal firearms importer in compliance 
9 with all federal laws and regulations regulating the 
10 manufacture and import of firearms; except this exemption 
11 does not apply if an unfinished frame or receiver is 
12 possessed for transfer or is transferred to a person other 
13 than a federal firearms manufacturer or federal firearms 
14 importer; or 
15  (5) is possessed by a person who received the 
16 unserialized unfinished frame or receiver or unserialized 
17 firearm through inheritance, and is not otherwise 
18 prohibited from possessing the unserialized unfinished 
19 frame or receiver or unserialized firearm, for a period 
20 not exceeding 30 days after inheriting the unserialized 
21 unfinished frame or receiver or unserialized firearm. 
22 (i) Penalties.
23  (1) A person who violates subsection (c) or (d) is 
24 guilty of a Class A misdemeanor for a first violation and 
25 is guilty of a Class 3 felony for a second or subsequent 
26 violation.
 
 
HB3197- 282 -LRB103 26878 RLC 53242 b


1  (2) A person who violates subsection (b) is guilty of 
2 a Class 4 felony for a first violation and is guilty of a 
3 Class 2 felony for a second or subsequent violation.

4(Source: P.A. 102-889, eff. 5-18-22.)




5 (720 ILCS 5/24-9)



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

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

8for any person to
store or leave, within premises under his or 
9her control, a firearm if
the
person knows or has reason to 
10believe that a minor under the age of 14
years who does not 
11have a Firearm Owners Identification Card is likely to gain

12access to the firearm without the lawful permission
of the 
13person possessing the firearm, minor's parent, guardian, or 
14person having charge of the minor, and
the minor causes death 
15or great bodily harm with the firearm, unless
the firearm is:


16  (1) secured by a device or mechanism, other than the 
17 firearm safety,
designed to render a firearm temporarily 
18 inoperable; or


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


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

23 (b) Sentence. A person who violates this Section is guilty 
24of a Class C
misdemeanor and shall be fined not less than 
25$1,000. A second or subsequent
violation of this Section is a 
 
 
HB3197- 283 -LRB103 26878 RLC 53242 b


1Class A misdemeanor.

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


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


6  (2) to any firearm obtained by a minor under the age of 
7 14 because of
an unlawful entry of the premises by the 
8 minor or another person.

9 (d) (Blank). For the purposes of this Section, "firearm" 
10has the meaning ascribed
to it in Section
1.1 of the Firearm 
11Owners Identification Card Act.

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


13 Section 80. The Methamphetamine Control and Community 
14Protection Act is amended by changing Section 10 as follows:

15 (720 ILCS 646/10)

16 Sec. 10. Definitions. As used in this Act:
17 "Anhydrous ammonia" has the meaning provided in subsection 
18(d) of Section 3 of the Illinois Fertilizer Act of 1961.

19 "Anhydrous ammonia equipment" means all items used to 
20store, hold, contain, handle, transfer, transport, or apply 
21anhydrous ammonia for lawful purposes.

22 "Booby trap" means any device designed to cause physical 
23injury when triggered by an act of a person approaching, 
24entering, or moving through a structure, a vehicle, or any 
 
 
HB3197- 284 -LRB103 26878 RLC 53242 b


1location where methamphetamine has been manufactured, is being 
2manufactured, or is intended to be manufactured.

3 "Deliver" or "delivery" has the meaning provided in 
4subsection (h) of Section 102 of the Illinois Controlled 
5Substances Act.

6 "Director" means the Director of the Illinois State Police 
7or the Director's designated agents.

8 "Dispose" or "disposal" means to abandon, discharge, 
9release, deposit, inject, dump, spill, leak, or place 
10methamphetamine waste onto or into any land, water, or well of 
11any type so that the waste has the potential to enter the 
12environment, be emitted into the air, or be discharged into 
13the soil or any waters, including groundwater.

14 "Emergency response" means the act of collecting evidence 
15from or securing a methamphetamine laboratory site, 
16methamphetamine waste site or other methamphetamine-related 
17site and cleaning up the site, whether these actions are 
18performed by public entities or private contractors paid by 
19public entities.

20 "Emergency service provider" means a local, State, or 
21federal peace officer, firefighter, emergency medical 
22technician-ambulance, emergency
medical 
23technician-intermediate, emergency medical 
24technician-paramedic, ambulance driver, or other medical or 
25first aid personnel rendering aid, or any agent or designee of 
26the foregoing.

 
 
HB3197- 285 -LRB103 26878 RLC 53242 b


1 "Finished methamphetamine" means methamphetamine in a form 
2commonly used for personal consumption.
3 "Firearm" has the meaning provided in Section 2-7.5 of the 
4Criminal Code of 2012 1.1 of the Firearm Owners Identification 
5Card Act.

6 "Manufacture" means to produce, prepare, compound, 
7convert, process, synthesize, concentrate, purify, separate, 
8extract, or package any methamphetamine, methamphetamine 
9precursor, methamphetamine manufacturing catalyst, 
10methamphetamine manufacturing reagent, methamphetamine 
11manufacturing solvent, or any substance containing any of the 
12foregoing.

13 "Methamphetamine" means the chemical methamphetamine (a 
14Schedule II controlled substance under the Illinois Controlled 
15Substances Act) or any salt, optical isomer, salt of optical 
16isomer, or analog thereof, with the exception of 
173,4-Methylenedioxymethamphetamine (MDMA) or any other 
18scheduled substance with a separate listing under the Illinois 
19Controlled Substances Act.
20 "Methamphetamine manufacturing catalyst" means any 
21substance that has been used, is being used, or is intended to 
22be used to activate, accelerate, extend, or improve a chemical 
23reaction involved in the manufacture of methamphetamine.

24 "Methamphetamine manufacturing environment" means a 
25structure or vehicle in which:

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

 
 
HB3197- 286 -LRB103 26878 RLC 53242 b


1  (2) chemicals that are being used, have been used, or 
2 are intended to be used to manufacture methamphetamine are 
3 stored;

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

6  (4) methamphetamine manufacturing waste is stored.

7 "Methamphetamine manufacturing material" means any 
8methamphetamine precursor, substance containing any 
9methamphetamine precursor, methamphetamine manufacturing 
10catalyst, substance containing any methamphetamine 
11manufacturing catalyst, methamphetamine manufacturing 
12reagent, substance containing any methamphetamine 
13manufacturing reagent, methamphetamine manufacturing solvent, 
14substance containing any methamphetamine manufacturing 
15solvent, or any other chemical, substance, ingredient, 
16equipment, apparatus, or item that is being used, has been 
17used, or is intended to be used in the manufacture of 
18methamphetamine.

19 "Methamphetamine manufacturing reagent" means any 
20substance other than a methamphetamine manufacturing catalyst 
21that has been used, is being used, or is intended to be used to 
22react with and chemically alter any methamphetamine precursor.
23 "Methamphetamine manufacturing solvent" means any 
24substance that has been used, is being used, or is intended to 
25be used as a medium in which any methamphetamine precursor, 
26methamphetamine manufacturing catalyst, methamphetamine 
 
 
HB3197- 287 -LRB103 26878 RLC 53242 b


1manufacturing reagent, or any substance containing any of the 
2foregoing is dissolved, diluted, or washed during any part of 
3the methamphetamine manufacturing process.

4 "Methamphetamine manufacturing waste" means any chemical, 
5substance, ingredient, equipment, apparatus, or item that is 
6left over from, results from, or is produced by the process of 
7manufacturing methamphetamine, other than finished 
8methamphetamine.

9 "Methamphetamine precursor" means ephedrine, 
10pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
11phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
12isomer, or salt of an optical isomer of any of these chemicals.

13 "Multi-unit dwelling" means a unified structure used or 
14intended for use as a habitation, home, or residence that 
15contains 2 or more condominiums, apartments, hotel rooms, 
16motel rooms, or other living units.

17 "Package" means an item marked for retail sale that is not 
18designed to be further broken down or subdivided for the 
19purpose of retail sale.

20 "Participate" or "participation" in the manufacture of 
21methamphetamine means to produce, prepare, compound, convert, 
22process, synthesize, concentrate, purify, separate, extract, 
23or package any methamphetamine, methamphetamine precursor, 
24methamphetamine manufacturing catalyst, methamphetamine 
25manufacturing reagent, methamphetamine manufacturing solvent, 
26or any substance containing any of the foregoing, or to assist 
 
 
HB3197- 288 -LRB103 26878 RLC 53242 b


1in any of these actions, or to attempt to take any of these 
2actions, regardless of whether this action or these actions 
3result in the production of finished methamphetamine.

4 "Person with a disability" means a person who suffers from 
5a permanent physical or mental impairment resulting from 
6disease, injury, functional disorder, or congenital condition 
7which renders the person incapable of adequately providing for 
8his or her own health and personal care.

9 "Procure" means to purchase, steal, gather, or otherwise 
10obtain, by legal or illegal means, or to cause another to take 
11such action.

12 "Second or subsequent offense" means an offense under this 
13Act committed by an offender who previously committed an 
14offense under this Act, the Illinois Controlled Substances 
15Act, the Cannabis Control Act, or another Act of this State, 
16another state, or the United States relating to 
17methamphetamine, cannabis, or any other controlled substance.

18 "Standard dosage form", as used in relation to any 
19methamphetamine precursor, means that the methamphetamine 
20precursor is contained in a pill, tablet, capsule, caplet, gel 
21cap, or liquid cap that has been manufactured by a lawful 
22entity and contains a standard quantity of methamphetamine 
23precursor.

24 "Unauthorized container", as used in relation to anhydrous 
25ammonia, means any container that is not designed for the 
26specific and sole purpose of holding, storing, transporting, 
 
 
HB3197- 289 -LRB103 26878 RLC 53242 b


1or applying anhydrous ammonia. "Unauthorized container" 
2includes, but is not limited to, any propane tank, fire 
3extinguisher, oxygen cylinder, gasoline can, food or beverage 
4cooler, or compressed gas cylinder used in dispensing fountain 
5drinks. "Unauthorized container" does not encompass anhydrous 
6ammonia manufacturing plants, refrigeration systems
where 
7anhydrous ammonia is used solely as a refrigerant, anhydrous 
8ammonia transportation pipelines, anhydrous ammonia tankers, 
9or anhydrous ammonia barges.


10(Source: P.A. 102-538, eff. 8-20-21.)

11 Section 85. The Code of Criminal Procedure of 1963 is 
12amended by changing Sections 102-7.1, 110-10, 112A-11.1, 
13112A-11.2, 112A-14, and 112A-14.7 as follows:

14 (725 ILCS 5/102-7.1)
15 (Text of Section before amendment by P.A. 102-982)
16 Sec. 102-7.1. "Category A offense". "Category A offense" 
17means a Class 1 felony, Class 2 felony, Class X felony, first 
18degree murder, a violation of Section 11-204 of the Illinois 
19Vehicle Code, a second or subsequent violation of Section 
2011-501 of the Illinois Vehicle Code, a violation of subsection 
21(d) of Section 11-501 of the Illinois Vehicle Code, a 
22violation of Section 11-401 of the Illinois Vehicle Code if 
23the accident results in injury and the person failed to report 
24the accident within 30 minutes, a violation of Section 9-3, 
 
 
HB3197- 290 -LRB103 26878 RLC 53242 b


19-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 
211-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 
312-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 
424-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a 
5second or subsequent violation of 12-3.2 or 12-3.4 of the 
6Criminal Code of 2012, a violation of paragraph (5) or (6) of 
7subsection (b) of Section 10-9 of the Criminal Code of 2012, a 
8violation of subsection (b) or (c) or paragraph (1) or (2) of 
9subsection (a) of Section 11-1.50 of the Criminal Code of 
102012, a violation of Section 12-7 of the Criminal Code of 2012 
11if the defendant inflicts bodily harm on the victim to obtain a 
12confession, statement, or information, a violation of Section 
1312-7.5 of the Criminal Code of 2012 if the action results in 
14bodily harm, a violation of paragraph (3) of subsection (b) of 
15Section 17-2 of the Criminal Code of 2012, a violation of 
16subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 
172012, a violation of paragraph (6) of subsection (a) of 
18Section 24-1 of the Criminal Code of 2012, a first violation of 
19Section 24-1.6 of the Criminal Code of 2012 by a person 18 
20years of age or older where the factors listed in both items 
21(A) and (C) or both items (A-5) and (C) of paragraph (3) of 
22subsection (a) of Section 24-1.6 of the Criminal Code of 2012 
23are present, a Class 3 felony violation of paragraph (1) of

24subsection (a) of Section 2 of the Firearm Owners 
25Identification Card Act committed before the effective date of 
26this amendatory Act of the 103rd General Assembly, or a 
 
 
HB3197- 291 -LRB103 26878 RLC 53242 b


1violation of Section 10 of the Sex Offender Registration Act. 

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

3 (Text of Section after amendment by P.A. 102-982)
4 Sec. 102-7.1. "Category A offense". "Category A offense" 
5means a Class 1 felony, Class 2 felony, Class X felony, first 
6degree murder, a violation of Section 11-204 of the Illinois 
7Vehicle Code, a second or subsequent violation of Section 
811-501 of the Illinois Vehicle Code, a violation of subsection 
9(d) of Section 11-501 of the Illinois Vehicle Code, a 
10violation of Section 11-401 of the Illinois Vehicle Code if 
11the crash results in injury and the person failed to report the 
12crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
1310-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
1412-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
1512-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
1625-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
17subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
18of 2012, a violation of paragraph (5) or (6) of subsection (b) 
19of Section 10-9 of the Criminal Code of 2012, a violation of 
20subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
21of Section 11-1.50 of the Criminal Code of 2012, a violation of 
22Section 12-7 of the Criminal Code of 2012 if the defendant 
23inflicts bodily harm on the victim to obtain a confession, 
24statement, or information, a violation of Section 12-7.5 of 
25the Criminal Code of 2012 if the action results in bodily harm, 
 
 
HB3197- 292 -LRB103 26878 RLC 53242 b


1a violation of paragraph (3) of subsection (b) of Section 17-2 
2of the Criminal Code of 2012, a violation of subdivision 
3(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
4violation of paragraph (6) of subsection (a) of Section 24-1 
5of the Criminal Code of 2012, a first violation of Section 
624-1.6 of the Criminal Code of 2012 by a person 18 years of age 
7or older where the factors listed in both items (A) and (C) or 
8both items (A-5) and (C) of paragraph (3) of subsection (a) of 
9Section 24-1.6 of the Criminal Code of 2012 are present, a 
10Class 3 felony violation of paragraph (1) of
subsection (a) of 
11Section 2 of the Firearm Owners Identification Card Act 
12committed before the effective date of this amendatory Act of 
13the 103rd General Assembly, or a violation of Section 10 of the 
14Sex Offender Registration Act. 

15(Source: P.A. 102-982, eff. 7-1-23.)



16 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



17 Sec. 110-10. Conditions of pretrial release. 

18 (a) If a person is released prior to conviction, the 
19conditions of pretrial release shall be that he or she will:

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

23  (2) Submit himself or herself to the orders and 
24 process of the court;

25  (3) (Blank);

 
 
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1  (4) Not violate any criminal statute of any 
2 jurisdiction;

3  (5) At a time and place designated by the court, 
4 surrender all firearms
in his or her possession to a law 
5 enforcement officer designated by the court
to take 
6 custody of and impound the firearms
and physically

7 surrender his or her Firearm Owner's Identification Card 
8 to the clerk of the
circuit court
when the offense the 
9 person has
been charged with is a forcible felony, 
10 stalking, aggravated stalking, domestic
battery, any 
11 violation of the Illinois Controlled Substances Act, the 
12 Methamphetamine Control and Community Protection Act, or 
13 the
Cannabis Control Act that is classified as a Class 2 or 
14 greater felony, or any
felony violation of Article 24 of 
15 the Criminal Code of 1961 or the Criminal Code of 2012; the 
16 court
may,
however, forgo the imposition of this condition 
17 when the
circumstances of the
case clearly do not warrant 
18 it or when its imposition would be
impractical;
if the 
19 Firearm Owner's Identification Card is confiscated, the 
20 clerk of the circuit court shall mail the confiscated card 
21 to the Illinois State Police; all legally possessed 
22 firearms shall be returned to the person upon
the charges 
23 being dismissed, or if the person is found not guilty, 
24 unless the
finding of not guilty is by reason of insanity; 
25 and

26  (6) At a time and place designated by the court, 
 
 
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1 submit to a
psychological
evaluation when the person has 
2 been charged with a violation of item (4) of
subsection

3 (a) of Section 24-1 of the Criminal Code of 1961 or the 
4 Criminal Code of 2012 and that violation occurred in
a 
5 school
or in any conveyance owned, leased, or contracted 
6 by a school to transport
students to or
from school or a 
7 school-related activity, or on any public way within 1,000

8 feet of real
property comprising any school.

9 Psychological evaluations ordered pursuant to this Section 
10shall be completed
promptly
and made available to the State, 
11the defendant, and the court. As a further
condition of 
12pretrial release under
these circumstances, the court shall 
13order the defendant to refrain from
entering upon the
property 
14of the school, including any conveyance owned, leased, or 
15contracted
by a school to
transport students to or from school 
16or a school-related activity, or on any public way within

171,000 feet of real property comprising any school. Upon 
18receipt of the psychological evaluation,
either the State or 
19the defendant may request a change in the conditions of 
20pretrial release, pursuant to
Section 110-6 of this Code. The 
21court may change the conditions of pretrial release to include 
22a
requirement that the defendant follow the recommendations of 
23the psychological evaluation,
including undergoing psychiatric 
24treatment. The conclusions of the
psychological evaluation and

25any statements elicited from the defendant during its 
26administration are not
admissible as evidence
of guilt during 
 
 
HB3197- 295 -LRB103 26878 RLC 53242 b


1the course of any trial on the charged offense, unless the

2defendant places his or her
mental competency in issue.

3 (b) Additional conditions of release shall be set only 
4when it is determined that they are necessary to ensure the 
5defendant's appearance in court, ensure the defendant does not 
6commit any criminal offense, ensure the defendant complies 
7with all conditions of pretrial release,
prevent the 
8defendant's unlawful interference with the orderly 
9administration
of justice, or ensure compliance with the rules 
10and procedures of problem solving courts. However, conditions 
11shall include the least restrictive means and be 
12individualized. Conditions shall not mandate rehabilitative 
13services unless directly tied to the risk of pretrial 
14misconduct. Conditions of supervision shall not include 
15punitive measures such as community service work or 
16restitution. Conditions may include the following:

17  (0.05) Not depart this State without leave of the 
18 court; 
19  (1) Report to or appear in person before such person 
20 or agency as the
court may direct;

21  (2) Refrain from possessing a firearm or other 
22 dangerous weapon;

23  (3) Refrain from approaching or communicating with 
24 particular persons or
classes of persons;

25  (4) Refrain from going to certain described geographic 
26 areas or
premises;

 
 
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1  (5) Be placed under direct supervision of the Pretrial 
2 Services
Agency, Probation Department or Court Services 
3 Department in a pretrial
home supervision capacity with or 
4 without the use of an approved
electronic monitoring 
5 device subject to Article 8A of Chapter V of the
Unified 
6 Code of Corrections;

7  (6) For persons charged with violating Section 11-501 
8 of the Illinois
Vehicle Code, refrain from operating a 
9 motor vehicle not equipped with an
ignition interlock 
10 device, as defined in Section 1-129.1 of the Illinois

11 Vehicle Code,
pursuant to the rules promulgated by the 
12 Secretary of State for the
installation of ignition

13 interlock devices. Under this condition the court may 
14 allow a defendant who is
not
self-employed to operate a 
15 vehicle owned by the defendant's employer that is
not 
16 equipped with an ignition interlock device in the course 
17 and scope of the
defendant's employment;

18  (7) Comply with the terms and conditions of an order 
19 of protection
issued by the court under the Illinois 
20 Domestic Violence Act of 1986 or an
order of protection 
21 issued by the court of another state, tribe, or United

22 States territory;

23  (8) Sign a written admonishment requiring that he or 
24 she comply with the provisions of Section 110-12 regarding 
25 any change in his or her address. The defendant's address 
26 shall at all times remain a matter of record with the clerk 
 
 
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1 of the court; and

2  (9) Such other reasonable conditions as the court may 
3 impose, so long as these conditions are the least 
4 restrictive means to achieve the goals listed in 
5 subsection (b), are individualized, and are in accordance 
6 with national best practices as detailed in the Pretrial 
7 Supervision Standards of the Supreme Court.
8 The defendant shall receive verbal and written 
9notification of conditions of pretrial release and future 
10court dates, including the date, time, and location of court. 

11 (c) When a person is charged with an offense under Section 
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

1312-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
14Criminal Code of 2012, involving a victim who is a
minor under 
1518 years of age living in the same household with the defendant

16at the time of the offense, in releasing the defendant, the 
17judge shall impose conditions to restrict the
defendant's 
18access to the victim which may include, but are not limited to

19conditions that he will:

20  1. Vacate the household.

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

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

25 (d) When a person is charged with a criminal offense and 
26the victim is
a family or household member as defined in 
 
 
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1Article 112A, conditions shall
be imposed at the time of the 
2defendant's release that restrict the
defendant's access to 
3the victim.
Unless provided otherwise by the court, the

4restrictions shall include
requirements that the defendant do 
5the following:

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

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

12 (e) Local law enforcement agencies shall develop 
13standardized pretrial release forms
for use in cases involving 
14family or household members as defined in
Article 112A, 
15including specific conditions of pretrial release as provided 
16in
subsection (d). Failure of any law enforcement department 
17to develop or use
those forms shall in no way limit the 
18applicability and enforcement of
subsections (d) and (f).

19 (f) If the defendant is released after conviction 
20following appeal or other post-conviction proceeding, the

21conditions of the pretrial release shall be that he will, in 
22addition to the
conditions set forth in subsections (a) and 
23(b) hereof:

24  (1) Duly prosecute his appeal;

25  (2) Appear at such time and place as the court may 
26 direct;

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

2  (4) Comply with such other reasonable conditions as 
3 the court may
impose; and

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

7 (g) Upon a finding of guilty for any felony offense, the 
8defendant shall
physically surrender, at a time and place 
9designated by the court,
any and all firearms in his or her 
10possession and his or her Firearm Owner's
Identification Card 
11as a condition of being released pending sentencing.

12(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
13102-1104, eff. 1-1-23.)


14 (725 ILCS 5/112A-11.1)
15 Sec. 112A-11.1. Procedure for determining whether certain 
16misdemeanor crimes
are crimes of domestic violence for 
17purposes of federal
law.
18 (a) When a defendant has been charged with a violation of 
19Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
20Criminal Code of 1961 or the Criminal Code of 2012, the State 
21may, at arraignment or no later than 45 days after 
22arraignment, for the purpose of notification to the Illinois 
23State Police Firearm Owner's Identification Card Office, serve 
24on the defendant and file with the court a notice alleging that 
25conviction of the offense would subject the defendant to the 
 
 
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1prohibitions of 18 U.S.C. 922(g)(9) because of the 
2relationship between the defendant and the alleged victim and 
3the nature of the alleged offense.
4 (b) The notice shall include the name of the person 
5alleged to be the victim of the crime and shall specify the 
6nature of the alleged relationship as set forth in 18 U.S.C. 
7921(a)(33)(A)(ii). It shall also specify the element of the 
8charged offense which requires the use or attempted use of 
9physical force, or the threatened use of a deadly weapon, as 
10set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
11notice that the defendant is entitled to a hearing on the 
12allegation contained in the notice and that if the allegation 
13is sustained, that determination and conviction shall be 
14reported to the Illinois State Police Firearm Owner's 
15Identification Card Office.
16 (c) After having been notified as provided in subsection 
17(b) of this Section, the defendant may stipulate or admit, 
18orally on the record or in writing, that conviction of the 
19offense would subject the defendant to the prohibitions of 18 
20U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
21922(g)(9) shall be deemed established for purposes of Section 
22112A-11.2. If the defendant denies the applicability of 18 
23U.S.C. 922(g)(9) as alleged in the notice served by the State, 
24or stands mute with respect to that allegation, then the State 
25shall bear the burden to prove beyond a reasonable doubt that 
26the offense is one to which the prohibitions of 18 U.S.C. 
 
 
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1922(g)(9) apply. The court may consider reliable hearsay 
2evidence submitted by either party provided that it is 
3relevant to the determination of the allegation. Facts 
4previously proven at trial or elicited at the time of entry of 
5a plea of guilty shall be deemed established beyond a 
6reasonable doubt and shall not be relitigated. At the 
7conclusion of the hearing, or upon a stipulation or admission, 
8as applicable, the court shall make a specific written 
9determination with respect to the allegation.

10(Source: P.A. 102-538, eff. 8-20-21.)

11 (725 ILCS 5/112A-11.2)
12 Sec. 112A-11.2. Notification to the Illinois State Police 
13Firearm Owner's Identification Card Office of
determinations 
14in certain misdemeanor cases. Upon judgment of conviction of a 
15violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
1612-3.5 of the Criminal Code of 1961 or the Criminal Code of 
172012 when the defendant has been determined, under Section 
18112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
19922(g)(9), the circuit court clerk shall include notification 
20and a copy of the written determination in a report of the 
21conviction to the Illinois State Police Firearm Owner's 
22Identification Card Office to enable the office to report that 
23determination to the Federal Bureau of Investigation and 
24assist the Bureau in identifying persons prohibited from 
25purchasing and possessing a firearm pursuant to the provisions 
 
 
HB3197- 302 -LRB103 26878 RLC 53242 b


1of 18 U.S.C. 922.

2(Source: P.A. 102-538, eff. 8-20-21.)



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


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

6 (a) (Blank).

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

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

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

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

20 including one owned or leased by respondent, if petitioner 
21 has a right
to occupancy thereof. The grant of exclusive 
22 possession of the residence, household, or premises
shall 
23 not affect title to real property, nor shall the court be 
24 limited by
the standard set forth in subsection (c-2) of 
25 Section 501 of the Illinois Marriage and
Dissolution of 
 
 
HB3197- 303 -LRB103 26878 RLC 53242 b


1 Marriage Act.

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

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

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

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

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

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

 
 
HB3197- 304 -LRB103 26878 RLC 53242 b


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

12  (3) Stay away order and additional prohibitions.
Order 
13 respondent to stay away from petitioner or any other 
14 person
protected by the domestic violence order of 
15 protection, or prohibit respondent from entering
or 
16 remaining present at petitioner's school, place of 
17 employment, or other
specified places at times when 
18 petitioner is present, or both, if
reasonable, given
the 
19 balance of hardships. Hardships need not be balanced for 
20 the court
to enter a stay away order or prohibit entry
if 
21 respondent has no right to enter the premises.

22   (A) If a domestic violence order of protection 
23 grants petitioner exclusive possession
of the 
24 residence, prohibits respondent from entering the 
25 residence,
or orders respondent to stay away from 
26 petitioner or other
protected persons, then the court 
 
 
HB3197- 305 -LRB103 26878 RLC 53242 b


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

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

8   (B) When the petitioner and the respondent attend 
9 the same public, private, or non-public elementary, 
10 middle, or high school, the court when issuing a 
11 domestic violence order of protection and providing 
12 relief shall consider the severity of the act, any 
13 continuing physical danger or emotional distress to 
14 the petitioner, the educational rights guaranteed to 
15 the petitioner and respondent under federal and State 
16 law, the availability of a transfer of the respondent 
17 to another school, a change of placement or a change of 
18 program of the respondent, the expense, difficulty, 
19 and educational disruption that would be caused by a 
20 transfer of the respondent to another school, and any 
21 other relevant facts of the case. The court may order 
22 that the respondent not attend the public, private, or 
23 non-public elementary, middle, or high school attended 
24 by the petitioner, order that the respondent accept a 
25 change of placement or change of program, as 
26 determined by the school district or private or 
 
 
HB3197- 306 -LRB103 26878 RLC 53242 b


1 non-public school, or place restrictions on the 
2 respondent's movements within the school attended by 
3 the petitioner. The respondent bears the burden of 
4 proving by a preponderance of the evidence that a 
5 transfer, change of placement, or change of program of 
6 the respondent is not available. The respondent also 
7 bears the burden of production with respect to the 
8 expense, difficulty, and educational disruption that 
9 would be caused by a transfer of the respondent to 
10 another school. A transfer, change of placement, or 
11 change of program is not unavailable to the respondent 
12 solely on the ground that the respondent does not 
13 agree with the school district's or private or 
14 non-public school's transfer, change of placement, or 
15 change of program or solely on the ground that the 
16 respondent fails or refuses to consent or otherwise 
17 does not take an action required to effectuate a 
18 transfer, change of placement, or change of program. 
19 When a court orders a respondent to stay away from the 
20 public, private, or non-public school attended by the 
21 petitioner and the respondent requests a transfer to 
22 another attendance center within the respondent's 
23 school district or private or non-public school, the 
24 school district or private or non-public school shall 
25 have sole discretion to determine the attendance 
26 center to which the respondent is transferred. If the 
 
 
HB3197- 307 -LRB103 26878 RLC 53242 b


1 court order results in a transfer of the minor 
2 respondent to another attendance center, a change in 
3 the respondent's placement, or a change of the 
4 respondent's program, the parents, guardian, or legal 
5 custodian of the respondent is responsible for 
6 transportation and other costs associated with the 
7 transfer or change.
8   (C) The court may order the parents, guardian, or 
9 legal custodian of a minor respondent to take certain 
10 actions or to refrain from taking certain actions to 
11 ensure that the respondent complies with the order. If 
12 the court orders a transfer of the respondent to 
13 another school, the parents, guardian, or legal 
14 custodian of the respondent is responsible for 
15 transportation and other costs associated with the 
16 change of school by the respondent. 
17  (4) Counseling. Require or recommend the respondent to 
18 undergo
counseling for a specified duration with a social 
19 worker, psychologist,
clinical psychologist, 
20 psychiatrist, family service agency, alcohol or
substance 
21 abuse program, mental health center guidance counselor, 
22 agency
providing services to elders, program designed for 
23 domestic violence
abusers, or any other guidance service 
24 the court deems appropriate. The court may order the 
25 respondent in any intimate partner relationship to report 
26 to an Illinois Department of Human Services protocol 
 
 
HB3197- 308 -LRB103 26878 RLC 53242 b


1 approved partner abuse intervention program for an 
2 assessment and to follow all recommended treatment. 

3  (5) Physical care and possession of the minor child. 
4 In order to protect
the minor child from abuse, neglect, 
5 or unwarranted separation from the person
who has been the 
6 minor child's primary caretaker, or to otherwise protect 
7 the
well-being of the minor child, the court may do either 
8 or both of the following:
(i) grant petitioner physical 
9 care or possession of the minor child, or both, or
(ii) 
10 order respondent to return a minor child to, or not remove 
11 a minor child
from, the physical care of a parent or person 
12 in loco parentis.

13  If the respondent is charged with abuse
(as defined in 
14 Section 112A-3 of this Code) of a minor child, there shall 
15 be a
rebuttable presumption that awarding physical care to 
16 respondent would not
be in the minor child's best 
17 interest.

18  (6) Temporary allocation of parental responsibilities 
19 and significant decision-making responsibilities.
Award 
20 temporary significant decision-making responsibility to 
21 petitioner in accordance with this Section,
the Illinois 
22 Marriage
and Dissolution of Marriage Act, the Illinois 
23 Parentage Act of 2015,
and this State's Uniform 
24 Child-Custody
Jurisdiction and Enforcement Act. 

25  If the respondent
is charged with abuse (as defined in 
26 Section 112A-3 of this Code) of a
minor child, there shall 
 
 
HB3197- 309 -LRB103 26878 RLC 53242 b


1 be a rebuttable presumption that awarding
temporary 
2 significant decision-making responsibility to respondent 
3 would not be in the
child's best interest.

4  (7) Parenting time. Determine the parenting time, if 
5 any, of respondent in any case in which the court
awards 
6 physical care or temporary significant decision-making 
7 responsibility of a minor child to
petitioner. The court 
8 shall restrict or deny respondent's parenting time with
a 
9 minor child if
the court finds that respondent has done or 
10 is likely to do any of the
following:
11   (i) abuse or endanger the minor child during 
12 parenting time;
13   (ii) use the parenting time
as an opportunity to 
14 abuse or harass petitioner or
petitioner's family or 
15 household members;
16   (iii) improperly conceal or
detain the minor 
17 child; or
18   (iv) otherwise act in a manner that is not in
the 
19 best interests of the minor child. 
20  The court shall not be limited by the
standards set 
21 forth in Section 603.10 of the Illinois Marriage and

22 Dissolution of Marriage Act. If the court grants parenting 
23 time, the order
shall specify dates and times for the 
24 parenting time to take place or other
specific parameters 
25 or conditions that are appropriate. No order for parenting 
26 time
shall refer merely to the term "reasonable parenting 
 
 
HB3197- 310 -LRB103 26878 RLC 53242 b


1 time". Petitioner may deny respondent access to the minor 
2 child if, when
respondent arrives for parenting time, 
3 respondent is under the influence of drugs
or alcohol and 
4 constitutes a threat to the safety and well-being of

5 petitioner or petitioner's minor children or is behaving 
6 in a violent or abusive manner. If necessary to protect 
7 any member of petitioner's family or
household from future 
8 abuse, respondent shall be prohibited from coming to

9 petitioner's residence to meet the minor child for 
10 parenting time, and the petitioner and respondent
shall 
11 submit to the court their recommendations for reasonable

12 alternative arrangements for parenting time. A person may 
13 be approved to
supervise parenting time only after filing 
14 an affidavit accepting
that responsibility and 
15 acknowledging accountability to the court.

16  (8) Removal or concealment of minor child.
Prohibit 
17 respondent from
removing a minor child from the State or 
18 concealing the child within the
State.

19  (9) Order to appear. Order the respondent to
appear in 
20 court, alone
or with a minor child, to prevent abuse, 
21 neglect, removal or concealment of
the child, to return 
22 the child to the custody or care of the petitioner, or
to 
23 permit any court-ordered interview or examination of the 
24 child or the
respondent.

25  (10) Possession of personal property. Grant petitioner 
26 exclusive
possession of personal property and, if 
 
 
HB3197- 311 -LRB103 26878 RLC 53242 b


1 respondent has possession or
control, direct respondent to 
2 promptly make it available to petitioner, if:

3   (i) petitioner, but not respondent, owns the 
4 property; or

5   (ii) the petitioner and respondent own the 
6 property jointly; sharing it would risk
abuse of 
7 petitioner by respondent or is impracticable; and the 
8 balance of
hardships favors temporary possession by 
9 petitioner.

10  If petitioner's sole claim to ownership of the 
11 property is that it is
marital property, the court may 
12 award petitioner temporary possession
thereof under the 
13 standards of subparagraph (ii) of this paragraph only if
a 
14 proper proceeding has been filed under the Illinois 
15 Marriage and
Dissolution of Marriage Act, as now or 
16 hereafter amended.

17  No order under this provision shall affect title to 
18 property.

19  (11) Protection of property. Forbid the respondent 
20 from taking,
transferring, encumbering, concealing, 
21 damaging, or otherwise disposing of
any real or personal 
22 property, except as explicitly authorized by the
court, 
23 if:

24   (i) petitioner, but not respondent, owns the 
25 property; or

26   (ii) the petitioner and respondent own the 
 
 
HB3197- 312 -LRB103 26878 RLC 53242 b


1 property jointly,
and the balance of hardships favors 
2 granting this remedy.

3  If petitioner's sole claim to ownership of the 
4 property is that it is
marital property, the court may 
5 grant petitioner relief under subparagraph
(ii) of this 
6 paragraph only if a proper proceeding has been filed under 
7 the
Illinois Marriage and Dissolution of Marriage Act, as 
8 now or hereafter amended.

9  The court may further prohibit respondent from 
10 improperly using the
financial or other resources of an 
11 aged member of the family or household
for the profit or 
12 advantage of respondent or of any other person.

13  (11.5) Protection of animals. Grant the petitioner the 
14 exclusive care, custody, or control of any animal owned, 
15 possessed, leased, kept, or held by either the petitioner 
16 or the respondent or a minor child residing in the 
17 residence or household of either the petitioner or the 
18 respondent and order the respondent to stay away from the 
19 animal and forbid the respondent from taking, 
20 transferring, encumbering, concealing, harming, or 
21 otherwise disposing of the animal.

22  (12) Order for payment of support. Order
respondent to 
23 pay temporary
support for the petitioner or any child in 
24 the petitioner's care or over whom the petitioner has been 
25 allocated parental responsibility, when the respondent has 
26 a legal obligation to support that person,
in accordance 
 
 
HB3197- 313 -LRB103 26878 RLC 53242 b


1 with the Illinois Marriage and Dissolution
of Marriage 
2 Act, which shall govern, among other matters, the amount 
3 of
support, payment through the clerk and withholding of 
4 income to secure
payment. An order for child support may 
5 be granted to a petitioner with
lawful physical care of a 
6 child, or an order or agreement for
physical care of a 
7 child, prior to entry of an order allocating significant 
8 decision-making responsibility.
Such a support order shall 
9 expire upon entry of a valid order allocating parental 
10 responsibility differently and vacating petitioner's 
11 significant decision-making responsibility unless 
12 otherwise provided in the order.

13  (13) Order for payment of losses. Order
respondent to 
14 pay petitioner
for losses suffered as a direct result of 
15 the abuse. Such losses shall
include, but not be limited 
16 to, medical expenses, lost earnings or other
support, 
17 repair or replacement of property damaged or taken, 
18 reasonable
attorney's fees, court costs, and moving or 
19 other travel expenses, including
additional reasonable 
20 expenses for temporary shelter and restaurant meals.

21   (i) Losses affecting family needs. If a party is 
22 entitled to seek
maintenance, child support, or 
23 property distribution from the other party
under the 
24 Illinois Marriage and Dissolution of Marriage Act, as 
25 now or
hereafter amended, the court may order 
26 respondent to reimburse petitioner's
actual losses, to 
 
 
HB3197- 314 -LRB103 26878 RLC 53242 b


1 the extent that such reimbursement would be 
2 "appropriate
temporary relief", as authorized by 
3 subsection (a)(3) of
Section 501 of that Act.

4   (ii) Recovery of expenses. In the case of an 
5 improper concealment
or removal of a minor child, the 
6 court may order respondent to pay the reasonable

7 expenses incurred or to be incurred in the search for 
8 and recovery of the
minor child, including, but not 
9 limited to, legal fees, court costs, private

10 investigator fees, and travel costs.

11  (14) Prohibition of entry. Prohibit the respondent 
12 from entering or
remaining in the residence or household 
13 while the respondent is under the
influence of alcohol or 
14 drugs and constitutes a threat to the safety and

15 well-being of the petitioner or the petitioner's children.

16  (14.5) Prohibition of firearm possession. 
17   (A) A person who is subject to an existing 
18 domestic violence order of protection issued under 
19 this Code may not lawfully possess firearms, stun 
20 guns, or tasers weapons or a Firearm Owner's 
21 Identification Card under Section 8.2 of the Firearm 
22 Owners Identification Card Act.
23   (B) Any firearms in the
possession of the 
24 respondent, except as provided in subparagraph (C) of 
25 this paragraph (14.5), shall be ordered by the court 
26 to be turned
over to a person who is not prohibited

 
 
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1 under State or federal law from possessing firearms 
2 with a valid Firearm Owner's Identification Card for 
3 safekeeping. The court shall issue an order that the 
4 respondent comply with Section 9.5 of the Firearm 
5 Owners Identification Card Act.

6   (C) If the respondent is a peace officer as 
7 defined in Section 2-13 of
the
Criminal Code of 2012, 
8 the court shall order that any firearms used by the

9 respondent in the performance of his or her duties as a

10 peace officer be surrendered to
the chief law 
11 enforcement executive of the agency in which the 
12 respondent is
employed, who shall retain the firearms 
13 for safekeeping for the duration of the domestic 
14 violence order of protection.

15   (D) Upon expiration of the period of safekeeping, 
16 if the firearms or Firearm Owner's Identification Card 
17 cannot be returned to respondent because respondent 
18 cannot be located, fails to respond to requests to 
19 retrieve the firearms, or is not lawfully eligible to 
20 possess a firearm, upon petition from the local law 
21 enforcement agency, the court may order the local law 
22 enforcement agency to destroy the firearms, use the 
23 firearms for training purposes, or for any other 
24 application as deemed appropriate by the local law 
25 enforcement agency; or that the firearms be turned 
26 over to a third party who is lawfully eligible to 
 
 
HB3197- 316 -LRB103 26878 RLC 53242 b


1 possess firearms, and who does not reside with 
2 respondent. 
3  (15) Prohibition of access to records. If a domestic 
4 violence order of protection
prohibits respondent from 
5 having contact with the minor child,
or if petitioner's 
6 address is omitted under subsection (b) of
Section 112A-5 
7 of this Code, or if necessary to prevent abuse or wrongful 
8 removal or
concealment of a minor child, the order shall 
9 deny respondent access to, and
prohibit respondent from 
10 inspecting, obtaining, or attempting to
inspect or obtain, 
11 school or any other records of the minor child
who is in 
12 the care of petitioner.

13  (16) Order for payment of shelter services. Order 
14 respondent to
reimburse a shelter providing temporary 
15 housing and counseling services to
the petitioner for the 
16 cost of the services, as certified by the shelter
and 
17 deemed reasonable by the court.

18  (17) Order for injunctive relief. Enter injunctive 
19 relief necessary
or appropriate to prevent further abuse 
20 of a family or household member or
to effectuate one of the 
21 granted remedies, if supported by the balance of

22 hardships. If the harm to be prevented by the injunction 
23 is abuse or any
other harm that one of the remedies listed 
24 in paragraphs (1) through (16)
of this subsection is 
25 designed to prevent, no further evidence is necessary
to 
26 establish that the harm is an irreparable injury.

 
 
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1  (18) Telephone services.
2   (A) Unless a condition described in subparagraph 
3 (B) of this paragraph exists, the court may, upon 
4 request by the petitioner, order a wireless telephone 
5 service provider to transfer to the petitioner the 
6 right to continue to use a telephone number or numbers 
7 indicated by the petitioner and the financial 
8 responsibility associated with the number or numbers, 
9 as set forth in subparagraph (C) of this paragraph. In 
10 this paragraph (18), the term "wireless telephone 
11 service provider" means a provider of commercial 
12 mobile service as defined in 47 U.S.C. 332. The 
13 petitioner may request the transfer of each telephone 
14 number that the petitioner, or a minor child in his or 
15 her custody, uses. The clerk of the court shall serve 
16 the order on the wireless telephone service provider's 
17 agent for service of process provided to the Illinois 
18 Commerce Commission. The order shall contain all of 
19 the following: 
20    (i) The name and billing telephone number of 
21 the account holder including the name of the 
22 wireless telephone service provider that serves 
23 the account.
24    (ii) Each telephone number that will be 
25 transferred.
26    (iii) A statement that the provider transfers 
 
 
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1 to the petitioner all financial responsibility for 
2 and right to the use of any telephone number 
3 transferred under this paragraph.
4   (B) A wireless telephone service provider shall 
5 terminate the respondent's use of, and shall transfer 
6 to the petitioner use of, the telephone number or 
7 numbers indicated in subparagraph (A) of this 
8 paragraph unless it notifies the petitioner, within 72 
9 hours after it receives the order, that one of the 
10 following applies:
11    (i) The account holder named in the order has 
12 terminated the account.
13    (ii) A difference in network technology would 
14 prevent or impair the functionality of a device on 
15 a network if the transfer occurs.
16    (iii) The transfer would cause a geographic or 
17 other limitation on network or service provision 
18 to the petitioner.
19    (iv) Another technological or operational 
20 issue would prevent or impair the use of the 
21 telephone number if the transfer occurs.
22   (C) The petitioner assumes all financial 
23 responsibility for and right to the use of any 
24 telephone number transferred under this paragraph. In 
25 this paragraph, "financial responsibility" includes 
26 monthly service costs and costs associated with any 
 
 
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1 mobile device associated with the number.
2   (D) A wireless telephone service provider may 
3 apply to the petitioner its routine and customary 
4 requirements for establishing an account or 
5 transferring a number, including requiring the 
6 petitioner to provide proof of identification, 
7 financial information, and customer preferences.

8   (E) Except for willful or wanton misconduct, a 
9 wireless telephone service provider is immune from 
10 civil liability for its actions taken in compliance 
11 with a court order issued under this paragraph.
12   (F) All wireless service providers that provide 
13 services to residential customers shall provide to the 
14 Illinois Commerce Commission the name and address of 
15 an agent for service of orders entered under this 
16 paragraph (18). Any change in status of the registered 
17 agent must be reported to the Illinois Commerce 
18 Commission within 30 days of such change. 
19   (G) The Illinois Commerce Commission shall 
20 maintain the list of registered agents for service for 
21 each wireless telephone service provider on the 
22 Commission's website. The Commission may consult with 
23 wireless telephone service providers and the Circuit 
24 Court Clerks on the manner in which this information 
25 is provided and displayed. 
26 (c) Relevant factors; findings.

 
 
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1  (1) In determining whether to grant a
specific remedy, 
2 other than payment of support, the
court shall consider 
3 relevant factors, including, but not limited to, the

4 following:

5   (i) the nature, frequency, severity, pattern, and 
6 consequences of the
respondent's past abuse of the 
7 petitioner or any family or household
member, 
8 including the concealment of his or her location in 
9 order to evade
service of process or notice, and the 
10 likelihood of danger of future abuse to
petitioner or

11 any member of petitioner's or respondent's family or 
12 household; and

13   (ii) the danger that any minor child will be 
14 abused or neglected or
improperly relocated from the 
15 jurisdiction, improperly concealed within the
State, 
16 or improperly separated from the child's primary 
17 caretaker.

18  (2) In comparing relative hardships resulting to the 
19 parties from loss
of possession of the family home, the 
20 court shall consider relevant
factors, including, but not 
21 limited to, the following:

22   (i) availability, accessibility, cost, safety, 
23 adequacy, location, and other
characteristics of 
24 alternate housing for each party and any minor child 
25 or
dependent adult in the party's care;

26   (ii) the effect on the party's employment; and

 
 
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1   (iii) the effect on the relationship of the party, 
2 and any minor
child or dependent adult in the party's 
3 care, to family, school, church,
and community.

4  (3) Subject to the exceptions set forth in paragraph 
5 (4) of this
subsection (c), the court shall make its 
6 findings in an official record or in
writing, and shall at 
7 a minimum set forth the following:

8   (i) That the court has considered the applicable 
9 relevant factors
described in paragraphs (1) and (2) 
10 of this subsection (c).

11   (ii) Whether the conduct or actions of respondent, 
12 unless
prohibited, will likely cause irreparable harm 
13 or continued abuse.

14   (iii) Whether it is necessary to grant the 
15 requested relief in order
to protect petitioner or 
16 other alleged abused persons.

17  (4) (Blank).

18  (5) Never married parties. No rights or 
19 responsibilities for a minor
child born outside of 
20 marriage attach to a putative father until a father and

21 child relationship has been established under the Illinois 
22 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
23 the Illinois Public Aid Code, Section 12 of the Vital 
24 Records Act, the Juvenile Court Act of 1987, the Probate 
25 Act of 1975, the Uniform Interstate Family Support Act, 
26 the Expedited Child Support Act of 1990, any judicial, 
 
 
HB3197- 322 -LRB103 26878 RLC 53242 b


1 administrative, or other act of another state or 
2 territory, any other statute of this State, or by any 
3 foreign nation establishing the father and child 
4 relationship, any other proceeding substantially in 
5 conformity with the federal Personal Responsibility and 
6 Work Opportunity Reconciliation Act of 1996, or when both 
7 parties appeared in open court or at an administrative 
8 hearing acknowledging under oath or admitting by 
9 affirmation the existence of a father and child 
10 relationship. Absent such an adjudication, no putative 
11 father shall be granted
temporary allocation of parental 
12 responsibilities, including parenting time with the minor 
13 child, or
physical care
and possession of the minor child, 
14 nor shall
an order of payment for support of the minor 
15 child be entered.

16 (d) Balance of hardships; findings. If the court finds 
17that the balance
of hardships does not support the granting of 
18a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

19subsection (b) of this Section,
which may require such 
20balancing, the court's findings shall so
indicate and shall 
21include a finding as to whether granting the remedy will

22result in hardship to respondent that would substantially 
23outweigh the hardship
to petitioner
from denial of the remedy. 
24The findings shall be an official record or in
writing.

25 (e) Denial of remedies. Denial of any remedy shall not be 
26based, in
whole or in part, on evidence that:

 
 
HB3197- 323 -LRB103 26878 RLC 53242 b


1  (1) respondent has cause for any use of force, unless 
2 that cause
satisfies the standards for justifiable use of 
3 force provided by Article
7 of the Criminal Code of 2012;

4  (2) respondent was voluntarily intoxicated;

5  (3) petitioner acted in self-defense or defense of 
6 another, provided
that, if petitioner utilized force, such 
7 force was justifiable under
Article 7 of the Criminal Code 
8 of 2012; 

9  (4) petitioner did not act in self-defense or defense 
10 of another;

11  (5) petitioner left the residence or household to 
12 avoid further abuse
by respondent;

13  (6) petitioner did not leave the residence or 
14 household to avoid further
abuse by respondent; or 

15  (7) conduct by any family or household member excused 
16 the abuse by
respondent, unless that same conduct would 
17 have excused such abuse if the
parties had not been family 
18 or household members.

19(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
20102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


21 (725 ILCS 5/112A-14.7)
22 Sec. 112A-14.7. Stalking no contact order; remedies.
23 (a) The court may order any of the remedies listed in this 
24Section. The remedies listed in this Section shall be in 
25addition to other civil or criminal remedies available to 
 
 
HB3197- 324 -LRB103 26878 RLC 53242 b


1petitioner.
A stalking no contact order shall order one or 
2more of the following:
3  (1) prohibit the respondent from threatening to
commit 
4 or committing stalking;
5  (2) order the respondent not to have any contact with

6 the petitioner or a third person specifically named by the 
7 court;
8  (3) prohibit the respondent from knowingly coming

9 within, or knowingly remaining within a specified distance 
10 of the petitioner or the petitioner's residence, school, 
11 daycare, or place of employment, or any specified place 
12 frequented by the petitioner; however, the court may order 
13 the respondent to stay away from the respondent's own 
14 residence, school, or place of employment only if the 
15 respondent has been provided actual notice of the 
16 opportunity to appear and be heard on the petition;
17  (4) prohibit the respondent from possessing a
Firearm 
18 Owners Identification Card, or possessing or buying 
19 firearms; and
20  (5) order other injunctive relief the court
determines 
21 to be necessary to protect the petitioner or third party 
22 specifically named by the court.
23 (b) When the petitioner and the respondent attend the same 
24public, private, or non-public elementary, middle, or high 
25school, the court when issuing a stalking no contact order and 
26providing relief shall consider the severity of the act, any 
 
 
HB3197- 325 -LRB103 26878 RLC 53242 b


1continuing physical danger or emotional distress to the 
2petitioner, the educational rights guaranteed to the 
3petitioner and respondent under federal and State law, the 
4availability of a transfer of the respondent to another 
5school, a change of placement or a change of program of the 
6respondent, the expense, difficulty, and educational 
7disruption that would be caused by a transfer of the 
8respondent to another school, and any other relevant facts of 
9the case. The court may order that the respondent not attend 
10the public, private, or non-public elementary, middle, or high 
11school attended by the petitioner, order that the respondent 
12accept a change of placement or program, as determined by the 
13school district or private or non-public school, or place 
14restrictions on the respondent's movements within the school 
15attended by the petitioner. The respondent bears the burden of 
16proving by a preponderance of the evidence that a transfer, 
17change of placement, or change of program of the respondent is 
18not available. The respondent also bears the burden of 
19production with respect to the expense, difficulty, and 
20educational disruption that would be caused by a transfer of 
21the respondent to another school. A transfer, change of 
22placement, or change of program is not unavailable to the 
23respondent solely on the ground that the respondent does not 
24agree with the school district's or private or non-public 
25school's transfer, change of placement, or change of program 
26or solely on the ground that the respondent fails or refuses to 
 
 
HB3197- 326 -LRB103 26878 RLC 53242 b


1consent to or otherwise does not take an action required to 
2effectuate a transfer, change of placement, or change of 
3program. When a court orders a respondent to stay away from the 
4public, private, or non-public school attended by the 
5petitioner and the respondent requests a transfer to another 
6attendance center within the respondent's school district or 
7private or non-public school, the school district or private 
8or non-public school shall have sole discretion to determine 
9the attendance center to which the respondent is transferred. 
10If the court order results in a transfer of the minor 
11respondent to another attendance center, a change in the 
12respondent's placement, or a change of the respondent's 
13program, the parents, guardian, or legal custodian of the 
14respondent is responsible for transportation and other costs 
15associated with the transfer or change.
16 (c) The court may order the parents, guardian, or legal 
17custodian of a minor respondent to take certain actions or to 
18refrain from taking certain actions to ensure that the 
19respondent complies with the order. If the court orders a 
20transfer of the respondent to another school, the parents, 
21guardian, or legal custodian of the respondent are responsible 
22for transportation and other costs associated with the change 
23of school by the respondent.
24 (d) The court shall not hold a school district or private 
25or non-public school or any of its employees in civil or 
26criminal contempt unless the school district or private or 
 
 
HB3197- 327 -LRB103 26878 RLC 53242 b


1non-public school has been allowed to intervene.
2 (e) The court may hold the parents, guardian, or legal 
3custodian of a minor respondent in civil or criminal contempt 
4for a violation of any provision of any order entered under 
5this Article for conduct of the minor respondent in violation 
6of this Article if the parents, guardian, or legal custodian 
7directed, encouraged, or assisted the respondent minor in the 
8conduct.
9 (f) Monetary damages are not recoverable as a remedy.
10 (g) If the stalking no contact order prohibits the 
11respondent from possessing a Firearm Owner's Identification 
12Card, or possessing or buying firearms; the court shall 
13confiscate the respondent's firearms and firearm ammunition 
14Firearm Owner's Identification Card and immediately return the 
15card to the Illinois State Police Firearm Owner's 
16Identification Card Office.

17(Source: P.A. 102-538, eff. 8-20-21.)

18 Section 90. The Unified Code of Corrections is amended by 
19changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as 
20follows:

21 (730 ILCS 5/5-4.5-110)
22 (Section scheduled to be repealed on January 1, 2024)
23 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
24PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
 
 
HB3197- 328 -LRB103 26878 RLC 53242 b


1 (a) DEFINITIONS. For the purposes of this Section:
2  "Firearm" has the meaning ascribed to it in Section 
3 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm 
4 Owners Identification Card Act.
5  "Qualifying predicate offense" means the following 
6 offenses under the Criminal Code of 2012:
7   (A) aggravated unlawful use of a weapon under 
8 Section 24-1.6 or similar offense under the Criminal 
9 Code of 1961, when the weapon is a firearm; 
10   (B) unlawful use or possession of a weapon by a 
11 felon under Section 24-1.1 or similar offense under 
12 the Criminal Code of 1961, when the
weapon is a 
13 firearm;
14   (C) first degree murder under Section 9-1 or 
15 similar offense under the Criminal Code of 1961;
16   (D) attempted first degree murder with a firearm 
17 or similar offense under the Criminal Code of 1961;
18   (E) aggravated kidnapping with a firearm under 
19 paragraph (6) or (7) of subsection (a) of Section 10-2 
20 or similar offense under the Criminal Code of 1961;
21   (F) aggravated battery with a firearm under 
22 subsection (e) of Section 12-3.05 or similar offense 
23 under the Criminal Code of 1961;
24   (G) aggravated criminal sexual assault under 
25 Section 11-1.30 or similar offense under the Criminal 
26 Code of 1961;
 
 
HB3197- 329 -LRB103 26878 RLC 53242 b


1   (H) predatory criminal sexual assault of a child 
2 under Section 11-1.40 or similar offense under the 
3 Criminal Code of 1961;
4   (I) armed robbery under Section 18-2 or similar 
5 offense under the Criminal Code of 1961;
6   (J) vehicular hijacking under Section 18-3 or 
7 similar offense under the Criminal Code of 1961;
8   (K) aggravated vehicular hijacking under Section 
9 18-4 or similar offense under the Criminal Code of 
10 1961;
11   (L) home invasion with a firearm under paragraph 
12 (3), (4), or (5) of subsection (a) of Section 19-6 or 
13 similar offense under the Criminal Code of 1961;
14   (M) aggravated discharge of a firearm under 
15 Section 24-1.2 or similar offense under the Criminal 
16 Code of 1961;
17   (N) aggravated discharge of a machine gun or a 
18 firearm equipped with a device
designed or used for 
19 silencing the report of a firearm under Section 
20 24-1.2-5 or similar offense under the Criminal Code of 
21 1961;
22   (0) unlawful use of firearm projectiles under 
23 Section 24-2.1 or similar offense under the Criminal 
24 Code of 1961;
25   (P) manufacture, sale, or transfer of bullets or 
26 shells represented to be armor piercing
bullets, 
 
 
HB3197- 330 -LRB103 26878 RLC 53242 b


1 dragon's breath shotgun shells, bolo shells, or 
2 flechette shells under Section 24-2.2 or similar 
3 offense under the Criminal Code of 1961;
4   (Q) unlawful sale or delivery of firearms under 
5 Section 24-3 or similar offense under the Criminal 
6 Code of 1961;
7   (R) unlawful discharge of firearm projectiles 
8 under Section 24-3.2 or similar offense under the 
9 Criminal Code of 1961;
10   (S) unlawful sale or delivery of firearms on 
11 school premises of any school under Section 24-3.3 or 
12 similar offense under the Criminal Code of 1961;
13   (T) unlawful purchase of a firearm under Section 
14 24-3.5 or similar offense under the Criminal Code of 
15 1961;
16   (U) use of a stolen firearm in the commission of an 
17 offense under Section 24-3.7 or similar offense under 
18 the Criminal Code of 1961;
19   (V) possession of a stolen firearm under Section 
20 24-3.8 or similar offense under the Criminal Code of 
21 1961;
22   (W) aggravated possession of a stolen firearm 
23 under Section 24-3.9 or similar offense under the 
24 Criminal Code of 1961;
25   (X) gunrunning under Section 24-3A or similar 
26 offense under the Criminal Code of 1961;
 
 
HB3197- 331 -LRB103 26878 RLC 53242 b


1   (Y) defacing identification marks of firearms 
2 under Section 24-5 or similar offense under the 
3 Criminal Code of 1961; and
4   (Z) armed violence under Section 33A-2 or similar 
5 offense under the Criminal Code of 1961. 
6 (b) APPLICABILITY. For an offense committed on or after 
7January 1, 2018 (the effective date of Public Act 100-3) and 
8before January 1, 2024, when a person is convicted of unlawful 
9use or possession of a weapon by a felon, when the weapon is a 
10firearm, or aggravated unlawful use of a weapon, when the 
11weapon is a firearm, after being previously convicted of a 
12qualifying predicate offense the person shall be subject to 
13the sentencing guidelines under this Section.
14 (c) SENTENCING GUIDELINES.
15  (1) When a person is convicted of unlawful use or 
16 possession of a weapon by a felon, when the weapon is a 
17 firearm, and that person has been previously convicted of 
18 a qualifying predicate offense, the person shall be 
19 sentenced to a term of imprisonment within the sentencing 
20 range of not less than 7 years and not more than 14 years, 
21 unless the court finds that a departure from the 
22 sentencing guidelines under this paragraph is warranted 
23 under subsection (d) of this Section.
24  (2) When a person is convicted of aggravated unlawful 
25 use of a weapon, when the weapon is a firearm, and that 
26 person has been previously convicted of a qualifying 
 
 
HB3197- 332 -LRB103 26878 RLC 53242 b


1 predicate offense, the person shall be sentenced to a term 
2 of imprisonment within the sentencing range of not less 
3 than 6 years and not more than 7 years, unless the court 
4 finds that a departure from the sentencing guidelines 
5 under this paragraph is warranted under subsection (d) of 
6 this Section. 
7  (3) The sentencing guidelines in paragraphs (1) and 
8 (2) of this subsection (c) apply only to offenses 
9 committed on and after January 1, 2018 (the effective date 
10 of Public Act 100-3) and before January 1, 2024. 
11 (d) DEPARTURE FROM SENTENCING GUIDELINES.
12  (1) At the sentencing hearing conducted under Section 
13 5-4-1 of this Code, the court may depart from the

14 sentencing guidelines provided in subsection (c) of this 
15 Section and impose a sentence
otherwise authorized by law 
16 for the offense if the court, after considering any factor 
17 under paragraph (2) of this subsection (d) relevant to the 
18 nature and
circumstances of the crime and to the history 
19 and character of the defendant, finds on the record

20 substantial and compelling justification that the sentence 
21 within the sentencing guidelines would be unduly harsh and

22 that a sentence otherwise authorized by law would be 
23 consistent with public
safety and does not deprecate the 
24 seriousness of the offense.
25  (2) In deciding whether to depart from the sentencing 
26 guidelines under this paragraph, the court shall
consider:
 
 
HB3197- 333 -LRB103 26878 RLC 53242 b


1   (A) the age, immaturity, or limited mental 
2 capacity of the defendant at the time of
commission of 
3 the qualifying predicate or current offense, including 
4 whether the defendant
was suffering from a mental or 
5 physical condition insufficient to constitute a

6 defense but significantly reduced the defendant's 
7 culpability;
8   (B) the nature and circumstances of the qualifying 
9 predicate offense;
10   (C) the time elapsed since the qualifying 
11 predicate offense;
12   (D) the nature and circumstances of the current 
13 offense;
14   (E) the defendant's prior criminal history;
15   (F) whether the defendant committed the qualifying 
16 predicate or current offense under
specific and 
17 credible duress, coercion, threat, or compulsion;
18   (G) whether the defendant aided in the 
19 apprehension of another felon or testified
truthfully 
20 on behalf of another prosecution of a felony; and
21   (H) whether departure is in the interest of the 
22 person's rehabilitation, including employment or 
23 educational or vocational training, after taking into 
24 account any past rehabilitation efforts or 
25 dispositions of probation or supervision, and the 
26 defendant's cooperation or response to rehabilitation.
 
 
HB3197- 334 -LRB103 26878 RLC 53242 b


1  (3) When departing from the sentencing guidelines 
2 under this Section, the court shall specify on the record, 
3 the particular evidence, information, factor or factors, 
4 or other reasons which led to the departure from the 
5 sentencing guidelines. When departing from the sentencing 
6 range in accordance with this subsection (d), the court 
7 shall indicate on the sentencing order which departure 
8 factor or factors outlined in paragraph (2) of this 
9 subsection (d) led to the sentence imposed. The sentencing 
10 order shall be filed with the clerk of the court and shall 
11 be a public record.
12 (e) This Section is repealed on January 1, 2024. 

13(Source: P.A. 102-1109, eff. 12-21-22.)



14 (730 ILCS 5/5-5-3)



15 Sec. 5-5-3. Disposition. 

16 (a) (Blank).

17 (b) (Blank). 

18 (c) (1) (Blank).

19 (2) A period of probation, a term of periodic imprisonment 
20or
conditional discharge shall not be imposed for the 
21following offenses.
The court shall sentence the offender to 
22not less than the minimum term
of imprisonment set forth in 
23this Code for the following offenses, and
may order a fine or 
24restitution or both in conjunction with such term of

25imprisonment:

 
 
HB3197- 335 -LRB103 26878 RLC 53242 b


1  (A) First degree murder where the death penalty is not 
2 imposed.

3  (B) Attempted first degree murder.

4  (C) A Class X felony.

5  (D) A violation of Section 401.1 or 407 of the

6 Illinois Controlled Substances Act, or a violation of 
7 subdivision (c)(1.5) of
Section 401 of that Act which 
8 relates to more than 5 grams of a substance
containing 
9 fentanyl or an analog thereof.

10  (D-5) A violation of subdivision (c)(1) of
Section 401 
11 of the Illinois Controlled Substances Act which relates to 
12 3 or more grams of a substance
containing heroin or an 
13 analog thereof. 
14  (E) (Blank).

15  (F) A Class 1 or greater felony if the offender had 
16 been convicted
of a Class 1 or greater felony, including 
17 any state or federal conviction for an offense that 
18 contained, at the time it was committed, the same elements 
19 as an offense now (the date of the offense committed after 
20 the prior Class 1 or greater felony) classified as a Class 
21 1 or greater felony, within 10 years of the date on which 
22 the
offender
committed the offense for which he or she is 
23 being sentenced, except as
otherwise provided in Section 
24 40-10 of the Substance Use Disorder Act.

25  (F-3) A Class 2 or greater felony sex offense or 
26 felony firearm offense if the offender had been convicted 
 
 
HB3197- 336 -LRB103 26878 RLC 53242 b


1 of a Class 2 or greater felony, including any state or 
2 federal conviction for an offense that contained, at the 
3 time it was committed, the same elements as an offense now 
4 (the date of the offense committed after the prior Class 2 
5 or greater felony) classified as a Class 2 or greater 
6 felony, within 10 years of the date on which the offender 
7 committed the offense for which he or she is being 
8 sentenced, except as otherwise provided in Section 40-10 
9 of the Substance Use Disorder Act. 
10  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
11 of the Criminal Code of 1961 or the Criminal Code of 2012 
12 for which imprisonment is prescribed in those Sections.
13  (G) Residential burglary, except as otherwise provided 
14 in Section 40-10
of the Substance Use Disorder Act.

15  (H) Criminal sexual assault.

16  (I) Aggravated battery of a senior citizen as 
17 described in Section 12-4.6 or subdivision (a)(4) of 
18 Section 12-3.05 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012.

20  (J) A forcible felony if the offense was related to 
21 the activities of an
organized gang.

22  Before July 1, 1994, for the purposes of this 
23 paragraph, "organized
gang" means an association of 5 or 
24 more persons, with an established hierarchy,
that 
25 encourages members of the association to perpetrate crimes 
26 or provides
support to the members of the association who 
 
 
HB3197- 337 -LRB103 26878 RLC 53242 b


1 do commit crimes.

2  Beginning July 1, 1994, for the purposes of this 
3 paragraph,
"organized gang" has the meaning ascribed to it 
4 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
5 Prevention Act.

6  (K) Vehicular hijacking.

7  (L) A second or subsequent conviction for the offense 
8 of hate crime
when the underlying offense upon which the 
9 hate crime is based is felony
aggravated
assault or felony 
10 mob action.

11  (M) A second or subsequent conviction for the offense 
12 of institutional
vandalism if the damage to the property 
13 exceeds $300.

14  (N) A Class 3 felony violation of paragraph (1) of 
15 subsection (a) of
Section 2 of the Firearm Owners 
16 Identification Card Act committed before the effective 
17 date of this amendatory Act of the 103rd General Assembly.

18  (O) A violation of Section 12-6.1 or 12-6.5 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012.

20  (P) A violation of paragraph (1), (2), (3), (4), (5), 
21 or (7) of
subsection (a)
of Section 11-20.1 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012.

23  (P-5) A violation of paragraph (6) of subsection (a) 
24 of
Section 11-20.1 of the Criminal Code of 1961 or the

25 Criminal Code of 2012 if the victim is a household or

26 family member of the defendant.
 
 
HB3197- 338 -LRB103 26878 RLC 53242 b


1  (Q) A violation of subsection (b) or (b-5) of Section 
2 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
3 Code of
1961 or the Criminal Code of 2012.

4  (R) A violation of Section 24-3A of the Criminal Code 
5 of
1961 or the Criminal Code of 2012.

6  (S) (Blank).

7  (T) (Blank).

8  (U) A second or subsequent violation of Section 6-303 
9 of the Illinois Vehicle Code committed while his or her 
10 driver's license, permit, or privilege was revoked because 
11 of a violation of Section 9-3 of the Criminal Code of 1961 
12 or the Criminal Code of 2012, relating to the offense of 
13 reckless homicide, or a similar provision of a law of 
14 another state.

15  (V)
A violation of paragraph (4) of subsection (c) of 
16 Section 11-20.1B or paragraph (4) of subsection (c) of 
17 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
18 (6) of subsection (a) of Section 11-20.1 of the Criminal 
19 Code of 2012 when the victim is under 13 years of age and 
20 the defendant has previously been convicted under the laws 
21 of this State or any other state of the offense of child 
22 pornography, aggravated child pornography, aggravated 
23 criminal sexual abuse, aggravated criminal sexual assault, 
24 predatory criminal sexual assault of a child, or any of 
25 the offenses formerly known as rape, deviate sexual 
26 assault, indecent liberties with a child, or aggravated 
 
 
HB3197- 339 -LRB103 26878 RLC 53242 b


1 indecent liberties with a child where the victim was under 
2 the age of 18 years or an offense that is substantially 
3 equivalent to those offenses.
4  (W) A violation of Section 24-3.5 of the Criminal Code 
5 of 1961 or the Criminal Code of 2012.

6  (X) A violation of subsection (a) of Section 31-1a of 
7 the Criminal Code of 1961 or the Criminal Code of 2012.
8  (Y) A conviction for unlawful possession of a firearm 
9 by a street gang member when the firearm was loaded or 
10 contained firearm ammunition. 
11  (Z) A Class 1 felony committed while he or she was 
12 serving a term of probation or conditional discharge for a 
13 felony.
14  (AA) Theft of property exceeding $500,000 and not 
15 exceeding $1,000,000 in value.
16  (BB) Laundering of criminally derived property of a 
17 value exceeding
$500,000.
18  (CC) Knowingly selling, offering for sale, holding for 
19 sale, or using 2,000 or more counterfeit items or 
20 counterfeit items having a retail value in the aggregate 
21 of $500,000 or more. 
22  (DD) A conviction for aggravated assault under 
23 paragraph (6) of subsection (c) of Section 12-2 of the 
24 Criminal Code of 1961 or the Criminal Code of 2012 if the 
25 firearm is aimed toward the person against whom the 
26 firearm is being used. 
 
 
HB3197- 340 -LRB103 26878 RLC 53242 b


1  (EE) A conviction for a violation of paragraph (2) of 
2 subsection (a) of Section 24-3B of the Criminal Code of 
3 2012. 
4 (3) (Blank).

5 (4) A minimum term of imprisonment of not less than 10

6consecutive days or 30 days of community service shall be 
7imposed for a
violation of paragraph (c) of Section 6-303 of 
8the Illinois Vehicle Code.

9 (4.1) (Blank).

10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
11this subsection (c), a
minimum of
100 hours of community 
12service shall be imposed for a second violation of
Section 
136-303
of the Illinois Vehicle Code.

14 (4.3) A minimum term of imprisonment of 30 days or 300 
15hours of community
service, as determined by the court, shall

16be imposed for a second violation of subsection (c) of Section 
176-303 of the
Illinois Vehicle Code.

18 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
19(4.9) of this
subsection (c), a
minimum term of imprisonment 
20of 30 days or 300 hours of community service, as
determined by 
21the court, shall
be imposed
for a third or subsequent 
22violation of Section 6-303 of the Illinois Vehicle
Code. The 
23court may give credit toward the fulfillment of community 
24service hours for participation in activities and treatment as 
25determined by court services. 

26 (4.5) A minimum term of imprisonment of 30 days
shall be 
 
 
HB3197- 341 -LRB103 26878 RLC 53242 b


1imposed for a third violation of subsection (c) of
Section 
26-303 of the Illinois Vehicle Code.

3 (4.6) Except as provided in paragraph (4.10) of this 
4subsection (c), a minimum term of imprisonment of 180 days 
5shall be imposed for a
fourth or subsequent violation of 
6subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

7 (4.7) A minimum term of imprisonment of not less than 30 
8consecutive days, or 300 hours of community service, shall be 
9imposed for a violation of subsection (a-5) of Section 6-303 
10of the Illinois Vehicle Code, as provided in subsection (b-5) 
11of that Section.

12 (4.8) A mandatory prison sentence shall be imposed for a 
13second violation of subsection (a-5) of Section 6-303 of the 
14Illinois Vehicle Code, as provided in subsection (c-5) of that 
15Section. The person's driving privileges shall be revoked for 
16a period of not less than 5 years from the date of his or her 
17release from prison.

18 (4.9) A mandatory prison sentence of not less than 4 and 
19not more than 15 years shall be imposed for a third violation 
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
21Code, as provided in subsection (d-2.5) of that Section. The 
22person's driving privileges shall be revoked for the remainder 
23of his or her life.

24 (4.10) A mandatory prison sentence for a Class 1 felony 
25shall be imposed, and the person shall be eligible for an 
26extended term sentence, for a fourth or subsequent violation 
 
 
HB3197- 342 -LRB103 26878 RLC 53242 b


1of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
2Code, as provided in subsection (d-3.5) of that Section. The 
3person's driving privileges shall be revoked for the remainder 
4of his or her life.

5 (5) The court may sentence a corporation or unincorporated

6association convicted of any offense to:

7  (A) a period of conditional discharge;

8  (B) a fine;

9  (C) make restitution to the victim under Section 5-5-6 
10 of this Code.

11 (5.1) In addition to any other penalties imposed, and 
12except as provided in paragraph (5.2) or (5.3), a person

13convicted of violating subsection (c) of Section 11-907 of the 
14Illinois
Vehicle Code shall have his or her driver's license, 
15permit, or privileges
suspended for at least 90 days but not 
16more than one year, if the violation
resulted in damage to the 
17property of another person.

18 (5.2) In addition to any other penalties imposed, and 
19except as provided in paragraph (5.3), a person convicted
of 
20violating subsection (c) of Section 11-907 of the Illinois 
21Vehicle Code
shall have his or her driver's license, permit, 
22or privileges suspended for at
least 180 days but not more than 
232 years, if the violation resulted in injury
to
another 
24person.

25 (5.3) In addition to any other penalties imposed, a person 
26convicted of violating subsection (c) of Section
11-907 of the 
 
 
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1Illinois Vehicle Code shall have his or her driver's license,

2permit, or privileges suspended for 2 years, if the violation 
3resulted in the
death of another person.

4 (5.4) In addition to any other penalties imposed, a person 
5convicted of violating Section 3-707 of the Illinois Vehicle 
6Code shall have his or her driver's license, permit, or 
7privileges suspended for 3 months and until he or she has paid 
8a reinstatement fee of $100.
9 (5.5) In addition to any other penalties imposed, a person 
10convicted of violating Section 3-707 of the Illinois Vehicle 
11Code during a period in which his or her driver's license, 
12permit, or privileges were suspended for a previous violation 
13of that Section shall have his or her driver's license, 
14permit, or privileges suspended for an additional 6 months 
15after the expiration of the original 3-month suspension and 
16until he or she has paid a reinstatement fee of $100.

17 (6) (Blank).

18 (7) (Blank).

19 (8) (Blank).

20 (9) A defendant convicted of a second or subsequent 
21offense of ritualized
abuse of a child may be sentenced to a 
22term of natural life imprisonment.

23 (10) (Blank).

24 (11) The court shall impose a minimum fine of $1,000 for a 
25first offense
and $2,000 for a second or subsequent offense 
26upon a person convicted of or
placed on supervision for 
 
 
HB3197- 344 -LRB103 26878 RLC 53242 b


1battery when the individual harmed was a sports
official or 
2coach at any level of competition and the act causing harm to 
3the
sports
official or coach occurred within an athletic 
4facility or within the immediate vicinity
of the athletic 
5facility at which the sports official or coach was an active

6participant
of the athletic contest held at the athletic 
7facility. For the purposes of
this paragraph (11), "sports 
8official" means a person at an athletic contest
who enforces 
9the rules of the contest, such as an umpire or referee; 
10"athletic facility" means an indoor or outdoor playing field 
11or recreational area where sports activities are conducted;

12and "coach" means a person recognized as a coach by the 
13sanctioning
authority that conducted the sporting event.
14 (12) A person may not receive a disposition of court 
15supervision for a
violation of Section 5-16 of the Boat 
16Registration and Safety Act if that
person has previously 
17received a disposition of court supervision for a
violation of 
18that Section.

19 (13) A person convicted of or placed on court supervision 
20for an assault or aggravated assault when the victim and the 
21offender are family or household members as defined in Section 
22103 of the Illinois Domestic Violence Act of 1986 or convicted 
23of domestic battery or aggravated domestic battery may be 
24required to attend a Partner Abuse Intervention Program under 
25protocols set forth by the Illinois Department of Human 
26Services under such terms and conditions imposed by the court. 
 
 
HB3197- 345 -LRB103 26878 RLC 53242 b


1The costs of such classes shall be paid by the offender.

2 (d) In any case in which a sentence originally imposed is 
3vacated,
the case shall be remanded to the trial court. The 
4trial court shall
hold a hearing under Section 5-4-1 of this 
5Code
which may include evidence of the defendant's life, moral 
6character and
occupation during the time since the original 
7sentence was passed. The
trial court shall then impose 
8sentence upon the defendant. The trial
court may impose any 
9sentence which could have been imposed at the
original trial 
10subject to Section 5-5-4 of this Code.
If a sentence is vacated 
11on appeal or on collateral attack due to the
failure of the 
12trier of fact at trial to determine beyond a reasonable doubt

13the
existence of a fact (other than a prior conviction) 
14necessary to increase the
punishment for the offense beyond 
15the statutory maximum otherwise applicable,
either the 
16defendant may be re-sentenced to a term within the range 
17otherwise
provided or, if the State files notice of its 
18intention to again seek the
extended sentence, the defendant 
19shall be afforded a new trial.

20 (e) In cases where prosecution for
aggravated criminal 
21sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
22Code of 1961 or the Criminal Code of 2012 results in conviction 
23of a defendant
who was a family member of the victim at the 
24time of the commission of the
offense, the court shall 
25consider the safety and welfare of the victim and
may impose a 
26sentence of probation only where:

 
 
HB3197- 346 -LRB103 26878 RLC 53242 b


1  (1) the court finds (A) or (B) or both are 
2 appropriate:

3   (A) the defendant is willing to undergo a court 
4 approved counseling
program for a minimum duration of 
5 2 years; or

6   (B) the defendant is willing to participate in a 
7 court approved plan,
including, but not limited to, 
8 the defendant's:

9    (i) removal from the household;

10    (ii) restricted contact with the victim;

11    (iii) continued financial support of the 
12 family;

13    (iv) restitution for harm done to the victim; 
14 and

15    (v) compliance with any other measures that 
16 the court may
deem appropriate; and

17  (2) the court orders the defendant to pay for the 
18 victim's counseling
services, to the extent that the court 
19 finds, after considering the
defendant's income and 
20 assets, that the defendant is financially capable of

21 paying for such services, if the victim was under 18 years 
22 of age at the
time the offense was committed and requires 
23 counseling as a result of the
offense.

24 Probation may be revoked or modified pursuant to Section 
255-6-4; except
where the court determines at the hearing that 
26the defendant violated a
condition of his or her probation 
 
 
HB3197- 347 -LRB103 26878 RLC 53242 b


1restricting contact with the victim or
other family members or 
2commits another offense with the victim or other
family 
3members, the court shall revoke the defendant's probation and

4impose a term of imprisonment.

5 For the purposes of this Section, "family member" and 
6"victim" shall have
the meanings ascribed to them in Section 
711-0.1 of the Criminal Code of
2012.

8 (f) (Blank).

9 (g) Whenever a defendant is convicted of an offense under 
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
1111-14.3, 11-14.4 except for an offense that involves keeping a 
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1412-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
15Criminal Code of 2012,
the defendant shall undergo medical 
16testing to
determine whether the defendant has any sexually 
17transmissible disease,
including a test for infection with 
18human immunodeficiency virus (HIV) or
any other identified 
19causative agent of acquired immunodeficiency syndrome
(AIDS). 
20Any such medical test shall be performed only by appropriately

21licensed medical practitioners and may include an analysis of 
22any bodily
fluids as well as an examination of the defendant's 
23person.
Except as otherwise provided by law, the results of 
24such test shall be kept
strictly confidential by all medical 
25personnel involved in the testing and must
be personally 
26delivered in a sealed envelope to the judge of the court in 
 
 
HB3197- 348 -LRB103 26878 RLC 53242 b


1which
the conviction was entered for the judge's inspection in 
2camera. Acting in
accordance with the best interests of the 
3victim and the public, the judge
shall have the discretion to 
4determine to whom, if anyone, the results of the
testing may be 
5revealed. The court shall notify the defendant
of the test 
6results. The court shall
also notify the victim if requested 
7by the victim, and if the victim is under
the age of 15 and if 
8requested by the victim's parents or legal guardian, the
court 
9shall notify the victim's parents or legal guardian of the 
10test
results.
The court shall provide information on the 
11availability of HIV testing
and counseling at Department of 
12Public Health facilities to all parties to
whom the results of 
13the testing are revealed and shall direct the State's
Attorney 
14to provide the information to the victim when possible.
The 
15court shall order that the cost of any such test
shall be paid 
16by the county and may be taxed as costs against the convicted

17defendant.

18 (g-5) When an inmate is tested for an airborne 
19communicable disease, as
determined by the Illinois Department 
20of Public Health, including, but not
limited to, tuberculosis, 
21the results of the test shall be
personally delivered by the 
22warden or his or her designee in a sealed envelope
to the judge 
23of the court in which the inmate must appear for the judge's

24inspection in camera if requested by the judge. Acting in 
25accordance with the
best interests of those in the courtroom, 
26the judge shall have the discretion
to determine what if any 
 
 
HB3197- 349 -LRB103 26878 RLC 53242 b


1precautions need to be taken to prevent transmission
of the 
2disease in the courtroom.

3 (h) Whenever a defendant is convicted of an offense under 
4Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
5defendant shall undergo
medical testing to determine whether 
6the defendant has been exposed to human
immunodeficiency virus 
7(HIV) or any other identified causative agent of
acquired 
8immunodeficiency syndrome (AIDS). Except as otherwise provided 
9by
law, the results of such test shall be kept strictly 
10confidential by all
medical personnel involved in the testing 
11and must be personally delivered in a
sealed envelope to the 
12judge of the court in which the conviction was entered
for the 
13judge's inspection in camera. Acting in accordance with the 
14best
interests of the public, the judge shall have the 
15discretion to determine to
whom, if anyone, the results of the 
16testing may be revealed. The court shall
notify the defendant 
17of a positive test showing an infection with the human

18immunodeficiency virus (HIV). The court shall provide 
19information on the
availability of HIV testing and counseling 
20at Department of Public Health
facilities to all parties to 
21whom the results of the testing are revealed and
shall direct 
22the State's Attorney to provide the information to the victim 
23when
possible. The court shall order that the cost of any
such 
24test shall be paid by the county and may be taxed as costs 
25against the
convicted defendant.

26 (i) All fines and penalties imposed under this Section for 
 
 
HB3197- 350 -LRB103 26878 RLC 53242 b


1any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
2Vehicle Code, or a similar
provision of a local ordinance, and 
3any violation
of the Child Passenger Protection Act, or a 
4similar provision of a local
ordinance, shall be collected and 
5disbursed by the circuit
clerk as provided under the Criminal 
6and Traffic Assessment Act.

7 (j) In cases when prosecution for any violation of Section 
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1011-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1212-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
13Code of 2012, any violation of the Illinois Controlled 
14Substances Act,
any violation of the Cannabis Control Act, or 
15any violation of the Methamphetamine Control and Community 
16Protection Act results in conviction, a
disposition of court 
17supervision, or an order of probation granted under
Section 10 
18of the Cannabis Control Act, Section 410 of the Illinois

19Controlled Substances Act, or Section 70 of the 
20Methamphetamine Control and Community Protection Act of a 
21defendant, the court shall determine whether the
defendant is 
22employed by a facility or center as defined under the Child 
23Care
Act of 1969, a public or private elementary or secondary 
24school, or otherwise
works with children under 18 years of age 
25on a daily basis. When a defendant
is so employed, the court 
26shall order the Clerk of the Court to send a copy of
the 
 
 
HB3197- 351 -LRB103 26878 RLC 53242 b


1judgment of conviction or order of supervision or probation to 
2the
defendant's employer by certified mail.
If the employer of 
3the defendant is a school, the Clerk of the Court shall
direct 
4the mailing of a copy of the judgment of conviction or order of

5supervision or probation to the appropriate regional 
6superintendent of schools.
The regional superintendent of 
7schools shall notify the State Board of
Education of any 
8notification under this subsection.

9 (j-5) A defendant at least 17 years of age who is convicted 
10of a felony and
who has not been previously convicted of a 
11misdemeanor or felony and who is
sentenced to a term of 
12imprisonment in the Illinois Department of Corrections
shall 
13as a condition of his or her sentence be required by the court 
14to attend
educational courses designed to prepare the 
15defendant for a high school diploma
and to work toward a high 
16school diploma or to work toward passing high school 
17equivalency testing or to work toward
completing a vocational 
18training program offered by the Department of
Corrections. If 
19a defendant fails to complete the educational training

20required by his or her sentence during the term of 
21incarceration, the Prisoner
Review Board shall, as a condition 
22of mandatory supervised release, require the
defendant, at his 
23or her own expense, to pursue a course of study toward a high

24school diploma or passage of high school equivalency testing. 
25The Prisoner Review Board shall
revoke the mandatory 
26supervised release of a defendant who wilfully fails to
comply 
 
 
HB3197- 352 -LRB103 26878 RLC 53242 b


1with this subsection (j-5) upon his or her release from 
2confinement in a
penal institution while serving a mandatory 
3supervised release term; however,
the inability of the 
4defendant after making a good faith effort to obtain
financial 
5aid or pay for the educational training shall not be deemed a 
6wilful
failure to comply. The Prisoner Review Board shall 
7recommit the defendant
whose mandatory supervised release term 
8has been revoked under this subsection
(j-5) as provided in 
9Section 3-3-9. This subsection (j-5) does not apply to a

10defendant who has a high school diploma or has successfully 
11passed high school equivalency testing. This subsection (j-5) 
12does not apply to a defendant who is determined by
the court to 
13be a person with a developmental disability or otherwise 
14mentally incapable of
completing the educational or vocational 
15program.

16 (k) (Blank).

17 (l) (A) Except as provided
in paragraph (C) of subsection 
18(l), whenever a defendant,
who is not a citizen or national of 
19the United States, is convicted
of any felony or misdemeanor 
20offense, the court after sentencing the defendant
may, upon 
21motion of the State's Attorney, hold sentence in abeyance and 
22remand
the defendant to the custody of the Attorney General of

23the United States or his or her designated agent to be deported 
24when:

25  (1) a final order of deportation has been issued 
26 against the defendant
pursuant to proceedings under the 
 
 
HB3197- 353 -LRB103 26878 RLC 53242 b


1 Immigration and Nationality Act, and

2  (2) the deportation of the defendant would not 
3 deprecate the seriousness
of the defendant's conduct and 
4 would not be inconsistent with the ends of
justice.

5 Otherwise, the defendant shall be sentenced as provided in 
6this Chapter V.

7 (B) If the defendant has already been sentenced for a 
8felony or
misdemeanor
offense, or has been placed on probation 
9under Section 10 of the Cannabis
Control Act,
Section 410 of 
10the Illinois Controlled Substances Act, or Section 70 of the 
11Methamphetamine Control and Community Protection Act, the 
12court
may, upon motion of the State's Attorney to suspend the

13sentence imposed, commit the defendant to the custody of the 
14Attorney General
of the United States or his or her designated 
15agent when:

16  (1) a final order of deportation has been issued 
17 against the defendant
pursuant to proceedings under the 
18 Immigration and Nationality Act, and

19  (2) the deportation of the defendant would not 
20 deprecate the seriousness
of the defendant's conduct and 
21 would not be inconsistent with the ends of
justice.

22 (C) This subsection (l) does not apply to offenders who 
23are subject to the
provisions of paragraph (2) of subsection 
24(a) of Section 3-6-3.

25 (D) Upon motion of the State's Attorney, if a defendant 
26sentenced under
this Section returns to the jurisdiction of 
 
 
HB3197- 354 -LRB103 26878 RLC 53242 b


1the United States, the defendant
shall be recommitted to the 
2custody of the county from which he or she was
sentenced.

3Thereafter, the defendant shall be brought before the 
4sentencing court, which
may impose any sentence that was 
5available under Section 5-5-3 at the time of
initial 
6sentencing. In addition, the defendant shall not be eligible 
7for
additional earned sentence credit as provided under

8Section 3-6-3.

9 (m) A person convicted of criminal defacement of property 
10under Section
21-1.3 of the Criminal Code of 1961 or the 
11Criminal Code of 2012, in which the property damage exceeds 
12$300
and the property damaged is a school building, shall be 
13ordered to perform
community service that may include cleanup, 
14removal, or painting over the
defacement.

15 (n) The court may sentence a person convicted of a 
16violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
18of 1961 or the Criminal Code of 2012 (i) to an impact

19incarceration program if the person is otherwise eligible for 
20that program
under Section 5-8-1.1, (ii) to community service, 
21or (iii) if the person has a substance use disorder, as defined

22in the Substance Use Disorder Act, to a treatment program

23licensed under that Act.
24 (o) Whenever a person is convicted of a sex offense as 
25defined in Section 2 of the Sex Offender Registration Act, the 
26defendant's driver's license or permit shall be subject to 
 
 
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1renewal on an annual basis in accordance with the provisions 
2of license renewal established by the Secretary of State.


3(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 
4102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
55-27-22.)


6 (730 ILCS 5/5-5-3.2)

 
7 (Text of Section before amendment by P.A. 102-982)
8 Sec. 5-5-3.2. Factors in aggravation and extended-term 
9sentencing. 

10 (a) The following factors shall be accorded weight in 
11favor of
imposing a term of imprisonment or may be considered 
12by the court as reasons
to impose a more severe sentence under 
13Section 5-8-1 or Article 4.5 of Chapter V:

14  (1) the defendant's conduct caused or threatened 
15 serious harm;

16  (2) the defendant received compensation for committing 
17 the offense;

18  (3) the defendant has a history of prior delinquency 
19 or criminal activity;

20  (4) the defendant, by the duties of his office or by 
21 his position,
was obliged to prevent the particular 
22 offense committed or to bring
the offenders committing it 
23 to justice;

24  (5) the defendant held public office at the time of 
25 the offense,
and the offense related to the conduct of 
 
 
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1 that office;

2  (6) the defendant utilized his professional reputation 
3 or
position in the community to commit the offense, or to 
4 afford
him an easier means of committing it;

5  (7) the sentence is necessary to deter others from 
6 committing
the same crime;

7  (8) the defendant committed the offense against a 
8 person 60 years of age
or older or such person's property;

9  (9) the defendant committed the offense against a 
10 person who has a physical disability or such person's 
11 property;

12  (10) by reason of another individual's actual or 
13 perceived race, color,
creed, religion, ancestry, gender, 
14 sexual orientation, physical or mental
disability, or 
15 national origin, the defendant committed the offense 
16 against (i)
the person or property
of that individual; 
17 (ii) the person or property of a person who has an

18 association with, is married to, or has a friendship with 
19 the other individual;
or (iii) the person or property of a 
20 relative (by blood or marriage) of a
person described in 
21 clause (i) or (ii). For the purposes of this Section,

22 "sexual orientation" has the meaning ascribed to it in 
23 paragraph (O-1) of Section 1-103 of the Illinois Human 
24 Rights Act;

25  (11) the offense took place in a place of worship or on 
26 the
grounds of a place of worship, immediately prior to, 
 
 
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1 during or immediately
following worship services. For 
2 purposes of this subparagraph, "place of
worship" shall 
3 mean any church, synagogue or other building, structure or

4 place used primarily for religious worship;

5  (12) the defendant was convicted of a felony committed 
6 while he was
on pretrial release or his own recognizance 
7 pending trial for a prior felony
and was convicted of such 
8 prior felony, or the defendant was convicted of a
felony 
9 committed while he was serving a period of probation,

10 conditional discharge, or mandatory supervised release 
11 under subsection (d)
of Section 5-8-1
for a prior felony;

12  (13) the defendant committed or attempted to commit a 
13 felony while he
was wearing a bulletproof vest. For the 
14 purposes of this paragraph (13), a
bulletproof vest is any 
15 device which is designed for the purpose of
protecting the 
16 wearer from bullets, shot or other lethal projectiles;

17  (14) the defendant held a position of trust or 
18 supervision such as, but
not limited to, family member as 
19 defined in Section 11-0.1 of the Criminal Code
of 2012, 
20 teacher, scout leader, baby sitter, or day care worker, in

21 relation to a victim under 18 years of age, and the 
22 defendant committed an
offense in violation of Section 
23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
24 11-14.4 except for an offense that involves keeping a 
25 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

26 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
 
 
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1 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
2 of 2012
against
that victim;

3  (15) the defendant committed an offense related to the 
4 activities of an
organized gang. For the purposes of this 
5 factor, "organized gang" has the
meaning ascribed to it in 
6 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
7 Act;

8  (16) the defendant committed an offense in violation 
9 of one of the
following Sections while in a school, 
10 regardless of the time of day or time of
year; on any 
11 conveyance owned, leased, or contracted by a school to 
12 transport
students to or from school or a school related 
13 activity; on the real property
of a school; or on a public 
14 way within 1,000 feet of the real property
comprising any 
15 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
16 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
17 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
18 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
19 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
20 for subdivision (a)(4) or (g)(1), of the Criminal Code of

21 1961 or the Criminal Code of 2012;

22  (16.5) the defendant committed an offense in violation 
23 of one of the
following Sections while in a day care 
24 center, regardless of the time of day or
time of year; on 
25 the real property of a day care center, regardless of the 
26 time
of day or time of year; or on a public
way within 
 
 
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1 1,000 feet of the real property comprising any day care 
2 center,
regardless of the time of day or time of year:

3 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
4 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
5 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
6 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
7 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
8 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
9 Criminal Code of 2012;

10  (17) the defendant committed the offense by reason of 
11 any person's
activity as a community policing volunteer or 
12 to prevent any person from
engaging in activity as a 
13 community policing volunteer. For the purpose of
this 
14 Section, "community policing volunteer" has the meaning 
15 ascribed to it in
Section 2-3.5 of the Criminal Code of 
16 2012;

17  (18) the defendant committed the offense in a nursing 
18 home or on the
real
property comprising a nursing home. 
19 For the purposes of this paragraph (18),
"nursing home" 
20 means a skilled nursing
or intermediate long term care 
21 facility that is subject to license by the
Illinois 
22 Department of Public Health under the Nursing Home Care

23 Act, the Specialized Mental Health Rehabilitation Act of 
24 2013, the ID/DD Community Care Act, or the MC/DD Act;

25  (19) the defendant was a federally licensed firearm 
26 dealer
and
was
previously convicted of a violation of 
 
 
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1 subsection (a) of Section 3 of the
Firearm Owners 
2 Identification Card Act before its repeal by this 
3 amendatory Act of the 103rd General Assembly and has now 
4 committed either a felony
violation
of the Firearm Owners 
5 Identification Card Act or an act of armed violence while

6 armed
with a firearm;
7  (20) the defendant (i) committed the offense of 
8 reckless homicide under Section 9-3 of the Criminal Code 
9 of 1961 or the Criminal Code of 2012 or the offense of 
10 driving under the influence of alcohol, other drug or

11 drugs, intoxicating compound or compounds or any 
12 combination thereof under Section 11-501 of the Illinois 
13 Vehicle Code or a similar provision of a local ordinance 
14 and (ii) was operating a motor vehicle in excess of 20 
15 miles per hour over the posted speed limit as provided in 
16 Article VI of Chapter 11 of the Illinois Vehicle Code;


17  (21) the defendant (i) committed the offense of 
18 reckless driving or aggravated reckless driving under 
19 Section 11-503 of the Illinois Vehicle Code and (ii) was 
20 operating a motor vehicle in excess of 20 miles per hour 
21 over the posted speed limit as provided in Article VI of 
22 Chapter 11 of the Illinois Vehicle Code;
23  (22) the defendant committed the offense against a 
24 person that the defendant knew, or reasonably should have 
25 known, was a member of the Armed Forces of the United 
26 States serving on active duty. For purposes of this clause 
 
 
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1 (22), the term "Armed Forces" means any of the Armed 
2 Forces of the United States, including a member of any 
3 reserve component thereof or National Guard unit called to 
4 active duty;

5  (23)
the defendant committed the offense against a 
6 person who was elderly or infirm or who was a person with a 
7 disability by taking advantage of a family or fiduciary 
8 relationship with the elderly or infirm person or person 
9 with a disability;

10  (24)
the defendant committed any offense under Section 
11 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
12 of 2012 and possessed 100 or more images;

13  (25) the defendant committed the offense while the 
14 defendant or the victim was in a train, bus, or other 
15 vehicle used for public transportation;
16  (26) the defendant committed the offense of child 
17 pornography or aggravated child pornography, specifically 
18 including paragraph (1), (2), (3), (4), (5), or (7) of 
19 subsection (a) of Section 11-20.1 of the Criminal Code of 
20 1961 or the Criminal Code of 2012 where a child engaged in, 
21 solicited for, depicted in, or posed in any act of sexual 
22 penetration or bound, fettered, or subject to sadistic, 
23 masochistic, or sadomasochistic abuse in a sexual context 
24 and specifically including paragraph (1), (2), (3), (4), 
25 (5), or (7) of subsection (a) of Section 11-20.1B or 
26 Section 11-20.3 of the Criminal Code of 1961 where a child 
 
 
HB3197- 362 -LRB103 26878 RLC 53242 b


1 engaged in, solicited for, depicted in, or posed in any 
2 act of sexual penetration or bound, fettered, or subject 
3 to sadistic, masochistic, or sadomasochistic abuse in a 
4 sexual context;
5  (27) the defendant committed the offense of first 
6 degree murder, assault, aggravated assault, battery, 
7 aggravated battery, robbery, armed robbery, or aggravated 
8 robbery against a person who was a veteran and the 
9 defendant knew, or reasonably should have known, that the 
10 person was a veteran performing duties as a representative 
11 of a veterans' organization. For the purposes of this 
12 paragraph (27), "veteran" means an Illinois resident who 
13 has served as a member of the United States Armed Forces, a 
14 member of the Illinois National Guard, or a member of the 
15 United States Reserve Forces; and "veterans' organization" 
16 means an organization comprised of members of
which 
17 substantially all are individuals who are veterans or 
18 spouses,
widows, or widowers of veterans, the primary 
19 purpose of which is to
promote the welfare of its members 
20 and to provide assistance to the general
public in such a 
21 way as to confer a public benefit; 
22  (28) the defendant committed the offense of assault, 
23 aggravated assault, battery, aggravated battery, robbery, 
24 armed robbery, or aggravated robbery against a person that 
25 the defendant knew or reasonably should have known was a 
26 letter carrier or postal worker while that person was 
 
 
HB3197- 363 -LRB103 26878 RLC 53242 b


1 performing his or her duties delivering mail for the 
2 United States Postal Service;
3  (29) the defendant committed the offense of criminal 
4 sexual assault, aggravated criminal sexual assault, 
5 criminal sexual abuse, or aggravated criminal sexual abuse 
6 against a victim with an intellectual disability, and the 
7 defendant holds a position of trust, authority, or 
8 supervision in relation to the victim;
9  (30) the defendant committed the offense of promoting 
10 juvenile prostitution, patronizing a prostitute, or 
11 patronizing a minor engaged in prostitution and at the 
12 time of the commission of the offense knew that the 
13 prostitute or minor engaged in prostitution was in the 
14 custody or guardianship of the Department of Children and 
15 Family Services;
16  (31) the defendant (i) committed the offense of 
17 driving while under the influence of alcohol, other drug 
18 or drugs, intoxicating compound or compounds or any 
19 combination thereof in violation of Section 11-501 of the 
20 Illinois Vehicle Code or a similar provision of a local 
21 ordinance and (ii) the defendant during the commission of 
22 the offense was driving his or her vehicle upon a roadway 
23 designated for one-way traffic in the opposite direction 
24 of the direction indicated by official traffic control 
25 devices; 
26  (32) the defendant committed the offense of reckless 
 
 
HB3197- 364 -LRB103 26878 RLC 53242 b


1 homicide while committing a violation of Section 11-907 of 
2 the Illinois Vehicle Code; 
3  (33) the defendant was found guilty of an 
4 administrative infraction related to an act or acts of 
5 public indecency or sexual misconduct in the penal 
6 institution. In this paragraph (33), "penal institution" 
7 has the same meaning as in Section 2-14 of the Criminal 
8 Code of 2012; or
9  (34) the defendant committed the offense of leaving 
10 the scene of an accident in violation of subsection (b) of 
11 Section 11-401 of the Illinois Vehicle Code and the 
12 accident resulted in the death of a person and at the time 
13 of the offense, the defendant was: (i) driving under the 
14 influence of alcohol, other drug or drugs, intoxicating 
15 compound or compounds or any combination thereof as 
16 defined by Section 11-501 of the Illinois Vehicle Code; or 
17 (ii) operating the motor vehicle while using an electronic 
18 communication device as defined in Section 12-610.2 of the 
19 Illinois Vehicle Code. 
20 For the purposes of this Section:

21 "School" is defined as a public or private
elementary or 
22secondary school, community college, college, or university.

23 "Day care center" means a public or private State 
24certified and
licensed day care center as defined in Section 
252.09 of the Child Care Act of
1969 that displays a sign in 
26plain view stating that the
property is a day care center.

 
 
HB3197- 365 -LRB103 26878 RLC 53242 b


1 "Intellectual disability" means significantly subaverage 
2intellectual functioning which exists concurrently
with 
3impairment in adaptive behavior. 
4 "Public transportation" means the transportation
or 
5conveyance of persons by means available to the general 
6public, and includes paratransit services.
7 "Traffic control devices" means all signs, signals, 
8markings, and devices that conform to the Illinois Manual on 
9Uniform Traffic Control Devices, placed or erected by 
10authority of a public body or official having jurisdiction, 
11for the purpose of regulating, warning, or guiding traffic. 
12 (b) The following factors, related to all felonies, may be 
13considered by the court as
reasons to impose an extended term 
14sentence under Section 5-8-2
upon any offender:

15  (1) When a defendant is convicted of any felony, after 
16 having
been previously convicted in Illinois or any other 
17 jurisdiction of the
same or similar class felony or 
18 greater class felony, when such conviction
has occurred 
19 within 10 years after the
previous conviction, excluding 
20 time spent in custody, and such charges are
separately 
21 brought and tried and arise out of different series of 
22 acts; or

23  (2) When a defendant is convicted of any felony and 
24 the court
finds that the offense was accompanied by 
25 exceptionally brutal
or heinous behavior indicative of 
26 wanton cruelty; or

 
 
HB3197- 366 -LRB103 26878 RLC 53242 b


1  (3) When a defendant is convicted of any felony 
2 committed against:

3   (i) a person under 12 years of age at the time of 
4 the offense or such
person's property;

5   (ii) a person 60 years of age or older at the time 
6 of the offense or
such person's property; or

7   (iii) a person who had a physical disability at 
8 the time of the offense or
such person's property; or

9  (4) When a defendant is convicted of any felony and 
10 the offense
involved any of the following types of 
11 specific misconduct committed as
part of a ceremony, rite, 
12 initiation, observance, performance, practice or
activity 
13 of any actual or ostensible religious, fraternal, or 
14 social group:

15   (i) the brutalizing or torturing of humans or 
16 animals;

17   (ii) the theft of human corpses;

18   (iii) the kidnapping of humans;

19   (iv) the desecration of any cemetery, religious, 
20 fraternal, business,
governmental, educational, or 
21 other building or property; or

22   (v) ritualized abuse of a child; or

23  (5) When a defendant is convicted of a felony other 
24 than conspiracy and
the court finds that
the felony was 
25 committed under an agreement with 2 or more other persons

26 to commit that offense and the defendant, with respect to 
 
 
HB3197- 367 -LRB103 26878 RLC 53242 b


1 the other
individuals, occupied a position of organizer, 
2 supervisor, financier, or any
other position of management 
3 or leadership, and the court further finds that
the felony 
4 committed was related to or in furtherance of the criminal

5 activities of an organized gang or was motivated by the 
6 defendant's leadership
in an organized gang; or

7  (6) When a defendant is convicted of an offense 
8 committed while using a firearm with a
laser sight 
9 attached to it. For purposes of this paragraph, "laser 
10 sight"
has the meaning ascribed to it in Section 26-7 of 
11 the Criminal Code of
2012; or

12  (7) When a defendant who was at least 17 years of age 
13 at the
time of
the commission of the offense is convicted 
14 of a felony and has been previously
adjudicated a 
15 delinquent minor under the Juvenile Court Act of 1987 for 
16 an act
that if committed by an adult would be a Class X or 
17 Class 1 felony when the
conviction has occurred within 10 
18 years after the previous adjudication,
excluding time 
19 spent in custody; or

20  (8) When a defendant commits any felony and the 
21 defendant used, possessed, exercised control over, or 
22 otherwise directed an animal to assault a law enforcement 
23 officer engaged in the execution of his or her official 
24 duties or in furtherance of the criminal activities of an 
25 organized gang in which the defendant is engaged; or


26  (9) When a defendant commits any felony and the 
 
 
HB3197- 368 -LRB103 26878 RLC 53242 b


1 defendant knowingly video or audio records the offense 
2 with the intent to disseminate the recording. 
3 (c) The following factors may be considered by the court 
4as reasons to impose an extended term sentence under Section 
55-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
6offenses:
7  (1) When a defendant is convicted of first degree 
8 murder, after having been previously convicted in Illinois 
9 of any offense listed under paragraph (c)(2) of Section 
10 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
11 occurred within 10 years after the previous conviction, 
12 excluding time spent in custody, and the charges are 
13 separately brought and tried and arise out of different 
14 series of acts.
15  (1.5) When a defendant is convicted of first degree 
16 murder, after having been previously convicted of domestic 
17 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
18 (720 ILCS 5/12-3.3) committed on the same victim or after 
19 having been previously convicted of violation of an order 
20 of protection (720 ILCS 5/12-30) in which the same victim 
21 was the protected person. 
22  (2) When a defendant is convicted of voluntary 
23 manslaughter, second degree murder, involuntary 
24 manslaughter, or reckless homicide in which the defendant 
25 has been convicted of causing the death of more than one 
26 individual.
 
 
HB3197- 369 -LRB103 26878 RLC 53242 b


1  (3) When a defendant is convicted of aggravated 
2 criminal sexual assault or criminal sexual assault, when 
3 there is a finding that aggravated criminal sexual assault 
4 or criminal sexual assault was also committed on the same 
5 victim by one or more other individuals, and the defendant 
6 voluntarily participated in the crime with the knowledge 
7 of the participation of the others in the crime, and the 
8 commission of the crime was part of a single course of 
9 conduct during which there was no substantial change in 
10 the nature of the criminal objective.
11  (4) If the victim was under 18 years of age at the time 
12 of the commission of the offense, when a defendant is 
13 convicted of aggravated criminal sexual assault or 
14 predatory criminal sexual assault of a child under 
15 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
16 of Section 12-14.1 of the Criminal Code of 1961 or the 
17 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
18  (5) When a defendant is convicted of a felony 
19 violation of Section 24-1 of the Criminal Code of 1961 or 
20 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
21 finding that the defendant is a member of an organized 
22 gang.
23  (6) When a defendant was convicted of unlawful use of 
24 weapons under Section 24-1 of the Criminal Code of 1961 or 
25 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
26 a weapon that is not readily distinguishable as one of the 
 
 
HB3197- 370 -LRB103 26878 RLC 53242 b


1 weapons enumerated in Section 24-1 of the Criminal Code of 
2 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
3  (7) When a defendant is convicted of an offense 
4 involving the illegal manufacture of a controlled 
5 substance under Section 401 of the Illinois Controlled 
6 Substances Act (720 ILCS 570/401), the illegal manufacture 
7 of methamphetamine under Section 25 of the Methamphetamine 
8 Control and Community Protection Act (720 ILCS 646/25), or 
9 the illegal possession of explosives and an emergency 
10 response officer in the performance of his or her duties 
11 is killed or injured at the scene of the offense while 
12 responding to the emergency caused by the commission of 
13 the offense. In this paragraph, "emergency" means a 
14 situation in which a person's life, health, or safety is 
15 in jeopardy; and "emergency response officer" means a 
16 peace officer, community policing volunteer, fireman, 
17 emergency medical technician-ambulance, emergency medical 
18 technician-intermediate, emergency medical 
19 technician-paramedic, ambulance driver, other medical 
20 assistance or first aid personnel, or hospital emergency 
21 room personnel.

22  (8) When the defendant is convicted of attempted mob 
23 action, solicitation to commit mob action, or conspiracy 
24 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
25 Criminal Code of 2012, where the criminal object is a 
26 violation of Section 25-1 of the Criminal Code of 2012, 
 
 
HB3197- 371 -LRB103 26878 RLC 53242 b


1 and an electronic communication is used in the commission 
2 of the offense. For the purposes of this paragraph (8), 
3 "electronic communication" shall have the meaning provided 
4 in Section 26.5-0.1 of the Criminal Code of 2012. 
5 (d) For the purposes of this Section, "organized gang" has 
6the meaning
ascribed to it in Section 10 of the Illinois 
7Streetgang Terrorism Omnibus
Prevention Act.

8 (e) The court may impose an extended term sentence under 
9Article 4.5 of Chapter V upon an offender who has been 
10convicted of a felony violation of Section 11-1.20, 11-1.30, 
1111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1212-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
13when the victim of the offense is under 18 years of age at the 
14time of the commission of the offense and, during the 
15commission of the offense, the victim was under the influence 
16of alcohol, regardless of whether or not the alcohol was 
17supplied by the offender; and the offender, at the time of the 
18commission of the offense, knew or should have known that the 
19victim had consumed alcohol. 
20(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
21101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
228-20-21.)

23 (Text of Section after amendment by P.A. 102-982)
24 Sec. 5-5-3.2. Factors in aggravation and extended-term 
25sentencing. 

 
 
HB3197- 372 -LRB103 26878 RLC 53242 b


1 (a) The following factors shall be accorded weight in 
2favor of
imposing a term of imprisonment or may be considered 
3by the court as reasons
to impose a more severe sentence under 
4Section 5-8-1 or Article 4.5 of Chapter V:

5  (1) the defendant's conduct caused or threatened 
6 serious harm;

7  (2) the defendant received compensation for committing 
8 the offense;

9  (3) the defendant has a history of prior delinquency 
10 or criminal activity;

11  (4) the defendant, by the duties of his office or by 
12 his position,
was obliged to prevent the particular 
13 offense committed or to bring
the offenders committing it 
14 to justice;

15  (5) the defendant held public office at the time of 
16 the offense,
and the offense related to the conduct of 
17 that office;

18  (6) the defendant utilized his professional reputation 
19 or
position in the community to commit the offense, or to 
20 afford
him an easier means of committing it;

21  (7) the sentence is necessary to deter others from 
22 committing
the same crime;

23  (8) the defendant committed the offense against a 
24 person 60 years of age
or older or such person's property;

25  (9) the defendant committed the offense against a 
26 person who has a physical disability or such person's 
 
 
HB3197- 373 -LRB103 26878 RLC 53242 b


1 property;

2  (10) by reason of another individual's actual or 
3 perceived race, color,
creed, religion, ancestry, gender, 
4 sexual orientation, physical or mental
disability, or 
5 national origin, the defendant committed the offense 
6 against (i)
the person or property
of that individual; 
7 (ii) the person or property of a person who has an

8 association with, is married to, or has a friendship with 
9 the other individual;
or (iii) the person or property of a 
10 relative (by blood or marriage) of a
person described in 
11 clause (i) or (ii). For the purposes of this Section,

12 "sexual orientation" has the meaning ascribed to it in 
13 paragraph (O-1) of Section 1-103 of the Illinois Human 
14 Rights Act;

15  (11) the offense took place in a place of worship or on 
16 the
grounds of a place of worship, immediately prior to, 
17 during or immediately
following worship services. For 
18 purposes of this subparagraph, "place of
worship" shall 
19 mean any church, synagogue or other building, structure or

20 place used primarily for religious worship;

21  (12) the defendant was convicted of a felony committed 
22 while he was
on pretrial release or his own recognizance 
23 pending trial for a prior felony
and was convicted of such 
24 prior felony, or the defendant was convicted of a
felony 
25 committed while he was serving a period of probation,

26 conditional discharge, or mandatory supervised release 
 
 
HB3197- 374 -LRB103 26878 RLC 53242 b


1 under subsection (d)
of Section 5-8-1
for a prior felony;

2  (13) the defendant committed or attempted to commit a 
3 felony while he
was wearing a bulletproof vest. For the 
4 purposes of this paragraph (13), a
bulletproof vest is any 
5 device which is designed for the purpose of
protecting the 
6 wearer from bullets, shot or other lethal projectiles;

7  (14) the defendant held a position of trust or 
8 supervision such as, but
not limited to, family member as 
9 defined in Section 11-0.1 of the Criminal Code
of 2012, 
10 teacher, scout leader, baby sitter, or day care worker, in

11 relation to a victim under 18 years of age, and the 
12 defendant committed an
offense in violation of Section 
13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
14 11-14.4 except for an offense that involves keeping a 
15 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

16 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
17 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
18 of 2012
against
that victim;

19  (15) the defendant committed an offense related to the 
20 activities of an
organized gang. For the purposes of this 
21 factor, "organized gang" has the
meaning ascribed to it in 
22 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
23 Act;

24  (16) the defendant committed an offense in violation 
25 of one of the
following Sections while in a school, 
26 regardless of the time of day or time of
year; on any 
 
 
HB3197- 375 -LRB103 26878 RLC 53242 b


1 conveyance owned, leased, or contracted by a school to 
2 transport
students to or from school or a school related 
3 activity; on the real property
of a school; or on a public 
4 way within 1,000 feet of the real property
comprising any 
5 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
6 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
7 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
8 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
9 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
10 for subdivision (a)(4) or (g)(1), of the Criminal Code of

11 1961 or the Criminal Code of 2012;

12  (16.5) the defendant committed an offense in violation 
13 of one of the
following Sections while in a day care 
14 center, regardless of the time of day or
time of year; on 
15 the real property of a day care center, regardless of the 
16 time
of day or time of year; or on a public
way within 
17 1,000 feet of the real property comprising any day care 
18 center,
regardless of the time of day or time of year:

19 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
20 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
21 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
22 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
23 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
24 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
25 Criminal Code of 2012;

26  (17) the defendant committed the offense by reason of 
 
 
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1 any person's
activity as a community policing volunteer or 
2 to prevent any person from
engaging in activity as a 
3 community policing volunteer. For the purpose of
this 
4 Section, "community policing volunteer" has the meaning 
5 ascribed to it in
Section 2-3.5 of the Criminal Code of 
6 2012;

7  (18) the defendant committed the offense in a nursing 
8 home or on the
real
property comprising a nursing home. 
9 For the purposes of this paragraph (18),
"nursing home" 
10 means a skilled nursing
or intermediate long term care 
11 facility that is subject to license by the
Illinois 
12 Department of Public Health under the Nursing Home Care

13 Act, the Specialized Mental Health Rehabilitation Act of 
14 2013, the ID/DD Community Care Act, or the MC/DD Act;

15  (19) the defendant was a federally licensed firearm 
16 dealer
and
was
previously convicted of a violation of 
17 subsection (a) of Section 3 of the
Firearm Owners 
18 Identification Card Act before its repeal by this 
19 amendatory Act of the 103rd General Assembly and has now 
20 committed either a felony
violation
of the Firearm Owners 
21 Identification Card Act or an act of armed violence while

22 armed
with a firearm;
23  (20) the defendant (i) committed the offense of 
24 reckless homicide under Section 9-3 of the Criminal Code 
25 of 1961 or the Criminal Code of 2012 or the offense of 
26 driving under the influence of alcohol, other drug or

 
 
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1 drugs, intoxicating compound or compounds or any 
2 combination thereof under Section 11-501 of the Illinois 
3 Vehicle Code or a similar provision of a local ordinance 
4 and (ii) was operating a motor vehicle in excess of 20 
5 miles per hour over the posted speed limit as provided in 
6 Article VI of Chapter 11 of the Illinois Vehicle Code;


7  (21) the defendant (i) committed the offense of 
8 reckless driving or aggravated reckless driving under 
9 Section 11-503 of the Illinois Vehicle Code and (ii) was 
10 operating a motor vehicle in excess of 20 miles per hour 
11 over the posted speed limit as provided in Article VI of 
12 Chapter 11 of the Illinois Vehicle Code;
13  (22) the defendant committed the offense against a 
14 person that the defendant knew, or reasonably should have 
15 known, was a member of the Armed Forces of the United 
16 States serving on active duty. For purposes of this clause 
17 (22), the term "Armed Forces" means any of the Armed 
18 Forces of the United States, including a member of any 
19 reserve component thereof or National Guard unit called to 
20 active duty;

21  (23)
the defendant committed the offense against a 
22 person who was elderly or infirm or who was a person with a 
23 disability by taking advantage of a family or fiduciary 
24 relationship with the elderly or infirm person or person 
25 with a disability;

26  (24)
the defendant committed any offense under Section 
 
 
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1 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
2 of 2012 and possessed 100 or more images;

3  (25) the defendant committed the offense while the 
4 defendant or the victim was in a train, bus, or other 
5 vehicle used for public transportation;
6  (26) the defendant committed the offense of child 
7 pornography or aggravated child pornography, specifically 
8 including paragraph (1), (2), (3), (4), (5), or (7) of 
9 subsection (a) of Section 11-20.1 of the Criminal Code of 
10 1961 or the Criminal Code of 2012 where a child engaged in, 
11 solicited for, depicted in, or posed in any act of sexual 
12 penetration or bound, fettered, or subject to sadistic, 
13 masochistic, or sadomasochistic abuse in a sexual context 
14 and specifically including paragraph (1), (2), (3), (4), 
15 (5), or (7) of subsection (a) of Section 11-20.1B or 
16 Section 11-20.3 of the Criminal Code of 1961 where a child 
17 engaged in, solicited for, depicted in, or posed in any 
18 act of sexual penetration or bound, fettered, or subject 
19 to sadistic, masochistic, or sadomasochistic abuse in a 
20 sexual context;
21  (27) the defendant committed the offense of first 
22 degree murder, assault, aggravated assault, battery, 
23 aggravated battery, robbery, armed robbery, or aggravated 
24 robbery against a person who was a veteran and the 
25 defendant knew, or reasonably should have known, that the 
26 person was a veteran performing duties as a representative 
 
 
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1 of a veterans' organization. For the purposes of this 
2 paragraph (27), "veteran" means an Illinois resident who 
3 has served as a member of the United States Armed Forces, a 
4 member of the Illinois National Guard, or a member of the 
5 United States Reserve Forces; and "veterans' organization" 
6 means an organization comprised of members of
which 
7 substantially all are individuals who are veterans or 
8 spouses,
widows, or widowers of veterans, the primary 
9 purpose of which is to
promote the welfare of its members 
10 and to provide assistance to the general
public in such a 
11 way as to confer a public benefit; 
12  (28) the defendant committed the offense of assault, 
13 aggravated assault, battery, aggravated battery, robbery, 
14 armed robbery, or aggravated robbery against a person that 
15 the defendant knew or reasonably should have known was a 
16 letter carrier or postal worker while that person was 
17 performing his or her duties delivering mail for the 
18 United States Postal Service;
19  (29) the defendant committed the offense of criminal 
20 sexual assault, aggravated criminal sexual assault, 
21 criminal sexual abuse, or aggravated criminal sexual abuse 
22 against a victim with an intellectual disability, and the 
23 defendant holds a position of trust, authority, or 
24 supervision in relation to the victim;
25  (30) the defendant committed the offense of promoting 
26 juvenile prostitution, patronizing a prostitute, or 
 
 
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1 patronizing a minor engaged in prostitution and at the 
2 time of the commission of the offense knew that the 
3 prostitute or minor engaged in prostitution was in the 
4 custody or guardianship of the Department of Children and 
5 Family Services;
6  (31) the defendant (i) committed the offense of 
7 driving while under the influence of alcohol, other drug 
8 or drugs, intoxicating compound or compounds or any 
9 combination thereof in violation of Section 11-501 of the 
10 Illinois Vehicle Code or a similar provision of a local 
11 ordinance and (ii) the defendant during the commission of 
12 the offense was driving his or her vehicle upon a roadway 
13 designated for one-way traffic in the opposite direction 
14 of the direction indicated by official traffic control 
15 devices; 
16  (32) the defendant committed the offense of reckless 
17 homicide while committing a violation of Section 11-907 of 
18 the Illinois Vehicle Code; 
19  (33) the defendant was found guilty of an 
20 administrative infraction related to an act or acts of 
21 public indecency or sexual misconduct in the penal 
22 institution. In this paragraph (33), "penal institution" 
23 has the same meaning as in Section 2-14 of the Criminal 
24 Code of 2012; or
25  (34) the defendant committed the offense of leaving 
26 the scene of a crash in violation of subsection (b) of 
 
 
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1 Section 11-401 of the Illinois Vehicle Code and the crash 
2 resulted in the death of a person and at the time of the 
3 offense, the defendant was: (i) driving under the 
4 influence of alcohol, other drug or drugs, intoxicating 
5 compound or compounds or any combination thereof as 
6 defined by Section 11-501 of the Illinois Vehicle Code; or 
7 (ii) operating the motor vehicle while using an electronic 
8 communication device as defined in Section 12-610.2 of the 
9 Illinois Vehicle Code. 
10 For the purposes of this Section:

11 "School" is defined as a public or private
elementary or 
12secondary school, community college, college, or university.

13 "Day care center" means a public or private State 
14certified and
licensed day care center as defined in Section 
152.09 of the Child Care Act of
1969 that displays a sign in 
16plain view stating that the
property is a day care center.

17 "Intellectual disability" means significantly subaverage 
18intellectual functioning which exists concurrently
with 
19impairment in adaptive behavior. 
20 "Public transportation" means the transportation
or 
21conveyance of persons by means available to the general 
22public, and includes paratransit services.
23 "Traffic control devices" means all signs, signals, 
24markings, and devices that conform to the Illinois Manual on 
25Uniform Traffic Control Devices, placed or erected by 
26authority of a public body or official having jurisdiction, 
 
 
HB3197- 382 -LRB103 26878 RLC 53242 b


1for the purpose of regulating, warning, or guiding traffic. 
2 (b) The following factors, related to all felonies, may be 
3considered by the court as
reasons to impose an extended term 
4sentence under Section 5-8-2
upon any offender:

5  (1) When a defendant is convicted of any felony, after 
6 having
been previously convicted in Illinois or any other 
7 jurisdiction of the
same or similar class felony or 
8 greater class felony, when such conviction
has occurred 
9 within 10 years after the
previous conviction, excluding 
10 time spent in custody, and such charges are
separately 
11 brought and tried and arise out of different series of 
12 acts; or

13  (2) When a defendant is convicted of any felony and 
14 the court
finds that the offense was accompanied by 
15 exceptionally brutal
or heinous behavior indicative of 
16 wanton cruelty; or

17  (3) When a defendant is convicted of any felony 
18 committed against:

19   (i) a person under 12 years of age at the time of 
20 the offense or such
person's property;

21   (ii) a person 60 years of age or older at the time 
22 of the offense or
such person's property; or

23   (iii) a person who had a physical disability at 
24 the time of the offense or
such person's property; or

25  (4) When a defendant is convicted of any felony and 
26 the offense
involved any of the following types of 
 
 
HB3197- 383 -LRB103 26878 RLC 53242 b


1 specific misconduct committed as
part of a ceremony, rite, 
2 initiation, observance, performance, practice or
activity 
3 of any actual or ostensible religious, fraternal, or 
4 social group:

5   (i) the brutalizing or torturing of humans or 
6 animals;

7   (ii) the theft of human corpses;

8   (iii) the kidnapping of humans;

9   (iv) the desecration of any cemetery, religious, 
10 fraternal, business,
governmental, educational, or 
11 other building or property; or

12   (v) ritualized abuse of a child; or

13  (5) When a defendant is convicted of a felony other 
14 than conspiracy and
the court finds that
the felony was 
15 committed under an agreement with 2 or more other persons

16 to commit that offense and the defendant, with respect to 
17 the other
individuals, occupied a position of organizer, 
18 supervisor, financier, or any
other position of management 
19 or leadership, and the court further finds that
the felony 
20 committed was related to or in furtherance of the criminal

21 activities of an organized gang or was motivated by the 
22 defendant's leadership
in an organized gang; or

23  (6) When a defendant is convicted of an offense 
24 committed while using a firearm with a
laser sight 
25 attached to it. For purposes of this paragraph, "laser 
26 sight"
has the meaning ascribed to it in Section 26-7 of 
 
 
HB3197- 384 -LRB103 26878 RLC 53242 b


1 the Criminal Code of
2012; or

2  (7) When a defendant who was at least 17 years of age 
3 at the
time of
the commission of the offense is convicted 
4 of a felony and has been previously
adjudicated a 
5 delinquent minor under the Juvenile Court Act of 1987 for 
6 an act
that if committed by an adult would be a Class X or 
7 Class 1 felony when the
conviction has occurred within 10 
8 years after the previous adjudication,
excluding time 
9 spent in custody; or

10  (8) When a defendant commits any felony and the 
11 defendant used, possessed, exercised control over, or 
12 otherwise directed an animal to assault a law enforcement 
13 officer engaged in the execution of his or her official 
14 duties or in furtherance of the criminal activities of an 
15 organized gang in which the defendant is engaged; or


16  (9) When a defendant commits any felony and the 
17 defendant knowingly video or audio records the offense 
18 with the intent to disseminate the recording. 
19 (c) The following factors may be considered by the court 
20as reasons to impose an extended term sentence under Section 
215-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
22offenses:
23  (1) When a defendant is convicted of first degree 
24 murder, after having been previously convicted in Illinois 
25 of any offense listed under paragraph (c)(2) of Section 
26 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
 
 
HB3197- 385 -LRB103 26878 RLC 53242 b


1 occurred within 10 years after the previous conviction, 
2 excluding time spent in custody, and the charges are 
3 separately brought and tried and arise out of different 
4 series of acts.
5  (1.5) When a defendant is convicted of first degree 
6 murder, after having been previously convicted of domestic 
7 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
8 (720 ILCS 5/12-3.3) committed on the same victim or after 
9 having been previously convicted of violation of an order 
10 of protection (720 ILCS 5/12-30) in which the same victim 
11 was the protected person. 
12  (2) When a defendant is convicted of voluntary 
13 manslaughter, second degree murder, involuntary 
14 manslaughter, or reckless homicide in which the defendant 
15 has been convicted of causing the death of more than one 
16 individual.
17  (3) When a defendant is convicted of aggravated 
18 criminal sexual assault or criminal sexual assault, when 
19 there is a finding that aggravated criminal sexual assault 
20 or criminal sexual assault was also committed on the same 
21 victim by one or more other individuals, and the defendant 
22 voluntarily participated in the crime with the knowledge 
23 of the participation of the others in the crime, and the 
24 commission of the crime was part of a single course of 
25 conduct during which there was no substantial change in 
26 the nature of the criminal objective.
 
 
HB3197- 386 -LRB103 26878 RLC 53242 b


1  (4) If the victim was under 18 years of age at the time 
2 of the commission of the offense, when a defendant is 
3 convicted of aggravated criminal sexual assault or 
4 predatory criminal sexual assault of a child under 
5 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
6 of Section 12-14.1 of the Criminal Code of 1961 or the 
7 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8  (5) When a defendant is convicted of a felony 
9 violation of Section 24-1 of the Criminal Code of 1961 or 
10 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
11 finding that the defendant is a member of an organized 
12 gang.
13  (6) When a defendant was convicted of unlawful use of 
14 weapons under Section 24-1 of the Criminal Code of 1961 or 
15 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
16 a weapon that is not readily distinguishable as one of the 
17 weapons enumerated in Section 24-1 of the Criminal Code of 
18 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19  (7) When a defendant is convicted of an offense 
20 involving the illegal manufacture of a controlled 
21 substance under Section 401 of the Illinois Controlled 
22 Substances Act (720 ILCS 570/401), the illegal manufacture 
23 of methamphetamine under Section 25 of the Methamphetamine 
24 Control and Community Protection Act (720 ILCS 646/25), or 
25 the illegal possession of explosives and an emergency 
26 response officer in the performance of his or her duties 
 
 
HB3197- 387 -LRB103 26878 RLC 53242 b


1 is killed or injured at the scene of the offense while 
2 responding to the emergency caused by the commission of 
3 the offense. In this paragraph, "emergency" means a 
4 situation in which a person's life, health, or safety is 
5 in jeopardy; and "emergency response officer" means a 
6 peace officer, community policing volunteer, fireman, 
7 emergency medical technician-ambulance, emergency medical 
8 technician-intermediate, emergency medical 
9 technician-paramedic, ambulance driver, other medical 
10 assistance or first aid personnel, or hospital emergency 
11 room personnel.

12  (8) When the defendant is convicted of attempted mob 
13 action, solicitation to commit mob action, or conspiracy 
14 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
15 Criminal Code of 2012, where the criminal object is a 
16 violation of Section 25-1 of the Criminal Code of 2012, 
17 and an electronic communication is used in the commission 
18 of the offense. For the purposes of this paragraph (8), 
19 "electronic communication" shall have the meaning provided 
20 in Section 26.5-0.1 of the Criminal Code of 2012. 
21 (d) For the purposes of this Section, "organized gang" has 
22the meaning
ascribed to it in Section 10 of the Illinois 
23Streetgang Terrorism Omnibus
Prevention Act.

24 (e) The court may impose an extended term sentence under 
25Article 4.5 of Chapter V upon an offender who has been 
26convicted of a felony violation of Section 11-1.20, 11-1.30, 
 
 
HB3197- 388 -LRB103 26878 RLC 53242 b


111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
3when the victim of the offense is under 18 years of age at the 
4time of the commission of the offense and, during the 
5commission of the offense, the victim was under the influence 
6of alcohol, regardless of whether or not the alcohol was 
7supplied by the offender; and the offender, at the time of the 
8commission of the offense, knew or should have known that the 
9victim had consumed alcohol. 
10(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
11101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
128-20-21; 102-982, eff. 7-1-23.)

13 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
14 Sec. 5-6-3. Conditions of probation and of conditional 
15discharge.

16 (a) The conditions of probation and of conditional 
17discharge shall be
that the person:


18  (1) not violate any criminal statute of any 
19 jurisdiction;


20  (2) report to or appear in person before such person 
21 or agency as
directed by the court;


22  (3) refrain from possessing a firearm or other 
23 dangerous weapon where the offense is a felony or, if a 
24 misdemeanor, the offense involved the intentional or 
25 knowing infliction of bodily harm or threat of bodily 
 
 
HB3197- 389 -LRB103 26878 RLC 53242 b


1 harm;


2  (4) not leave the State without the consent of the 
3 court or, in
circumstances in which the reason for the 
4 absence is of such an emergency
nature that prior consent 
5 by the court is not possible, without the prior

6 notification and approval of the person's probation

7 officer. Transfer of a person's probation or conditional 
8 discharge
supervision to another state is subject to 
9 acceptance by the other state
pursuant to the Interstate 
10 Compact for Adult Offender Supervision;


11  (5) permit the probation officer to visit
him at his 
12 home or elsewhere
to the extent necessary to discharge his 
13 duties;


14  (6) perform no less than 30 hours of community service 
15 and not more than
120 hours of community service, if 
16 community service is available in the
jurisdiction and is 
17 funded and approved by the county board where the offense

18 was committed, where the offense was related to or in 
19 furtherance of the
criminal activities of an organized 
20 gang and was motivated by the offender's
membership in or 
21 allegiance to an organized gang. The community service 
22 shall
include, but not be limited to, the cleanup and 
23 repair of any damage caused by
a violation of Section 
24 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
25 2012 and similar damage
to property located within the 
26 municipality or county in which the violation
occurred. 
 
 
HB3197- 390 -LRB103 26878 RLC 53242 b


1 When possible and reasonable, the community service should 
2 be
performed in the offender's neighborhood. For purposes 
3 of this Section,
"organized gang" has the meaning ascribed 
4 to it in Section 10 of the Illinois
Streetgang Terrorism 
5 Omnibus Prevention Act. The court may give credit toward 
6 the fulfillment of community service hours for 
7 participation in activities and treatment as determined by 
8 court services;


9  (7) if he or she is at least 17 years of age and has 
10 been sentenced to
probation or conditional discharge for a 
11 misdemeanor or felony in a county of
3,000,000 or more 
12 inhabitants and has not been previously convicted of a

13 misdemeanor or felony, may be required by the sentencing 
14 court to attend
educational courses designed to prepare 
15 the defendant for a high school diploma
and to work toward 
16 a high school diploma or to work toward passing high 
17 school equivalency testing or to work toward
completing a 
18 vocational training program approved by the court. The 
19 person on
probation or conditional discharge must attend a 
20 public institution of
education to obtain the educational 
21 or vocational training required by this paragraph
(7). The 
22 court shall revoke the probation or conditional discharge 
23 of a
person who willfully fails to comply with this 
24 paragraph (7). The person on
probation or conditional 
25 discharge shall be required to pay for the cost of the

26 educational courses or high school equivalency testing if 
 
 
HB3197- 391 -LRB103 26878 RLC 53242 b


1 a fee is charged for those courses or testing. The court 
2 shall resentence the offender whose probation or 
3 conditional
discharge has been revoked as provided in 
4 Section 5-6-4. This paragraph (7) does
not apply to a 
5 person who has a high school diploma or has successfully 
6 passed high school equivalency testing. This paragraph (7) 
7 does not apply to a person who is determined by
the court 
8 to be a person with a developmental disability or 
9 otherwise mentally incapable of
completing the educational 
10 or vocational program;


11  (8) if convicted of possession of a substance 
12 prohibited
by the Cannabis Control Act, the Illinois 
13 Controlled Substances Act, or the Methamphetamine Control 
14 and Community Protection Act
after a previous conviction 
15 or disposition of supervision for possession of a

16 substance prohibited by the Cannabis Control Act or 
17 Illinois Controlled
Substances Act or after a sentence of 
18 probation under Section 10 of the
Cannabis
Control Act, 
19 Section 410 of the Illinois Controlled Substances Act, or 
20 Section 70 of the Methamphetamine Control and Community 
21 Protection Act and upon a
finding by the court that the 
22 person is addicted, undergo treatment at a
substance abuse 
23 program approved by the court;


24  (8.5) if convicted of a felony sex offense as defined 
25 in the Sex
Offender
Management Board Act, the person shall 
26 undergo and successfully complete sex
offender treatment 
 
 
HB3197- 392 -LRB103 26878 RLC 53242 b


1 by a treatment provider approved by the Board and 
2 conducted
in conformance with the standards developed 
3 under the Sex
Offender Management Board Act;

4  (8.6) if convicted of a sex offense as defined in the 
5 Sex Offender Management Board Act, refrain from residing 
6 at the same address or in the same condominium unit or 
7 apartment unit or in the same condominium complex or 
8 apartment complex with another person he or she knows or 
9 reasonably should know is a convicted sex offender or has 
10 been placed on supervision for a sex offense; the 
11 provisions of this paragraph do not apply to a person 
12 convicted of a sex offense who is placed in a Department of 
13 Corrections licensed transitional housing facility for sex 
14 offenders;
15  (8.7) if convicted for an offense committed on or 
16 after June 1, 2008 (the effective date of Public Act 
17 95-464) that would qualify the accused as a child sex 
18 offender as defined in Section 11-9.3 or 11-9.4 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012, 
20 refrain from communicating with or contacting, by means of 
21 the Internet, a person who is not related to the accused 
22 and whom the accused reasonably believes to be under 18 
23 years of age; for purposes of this paragraph (8.7), 
24 "Internet" has the meaning ascribed to it in Section 
25 16-0.1 of the Criminal Code of 2012; and a person is not 
26 related to the accused if the person is not: (i) the 
 
 
HB3197- 393 -LRB103 26878 RLC 53242 b


1 spouse, brother, or sister of the accused; (ii) a 
2 descendant of the accused; (iii) a first or second cousin 
3 of the accused; or (iv) a step-child or adopted child of 
4 the accused;
5  (8.8) if convicted for an offense under Section 11-6, 
6 11-9.1, 11-14.4 that involves soliciting for a juvenile 
7 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
8 of the Criminal Code of 1961 or the Criminal Code of 2012, 
9 or any attempt to commit any of these offenses, committed 
10 on or after June 1, 2009 (the effective date of Public Act 
11 95-983):
12   (i) not access or use a computer or any other 
13 device with Internet capability without the prior 
14 written approval of the offender's probation officer, 
15 except in connection with the offender's employment or 
16 search for employment with the prior approval of the 
17 offender's probation officer;
18   (ii) submit to periodic unannounced examinations 
19 of the offender's computer or any other device with 
20 Internet capability by the offender's probation 
21 officer, a law enforcement officer, or assigned 
22 computer or information technology specialist, 
23 including the retrieval and copying of all data from 
24 the computer or device and any internal or external 
25 peripherals and removal of such information, 
26 equipment, or device to conduct a more thorough 
 
 
HB3197- 394 -LRB103 26878 RLC 53242 b


1 inspection;
2   (iii) submit to the installation on the offender's 
3 computer or device with Internet capability, at the 
4 offender's expense, of one or more hardware or 
5 software systems to monitor the Internet use; and
6   (iv) submit to any other appropriate restrictions 
7 concerning the offender's use of or access to a 
8 computer or any other device with Internet capability 
9 imposed by the offender's probation officer; 
10  (8.9) if convicted of a sex offense as defined in the 
11 Sex Offender
Registration Act committed on or after 
12 January 1, 2010 (the effective date of Public Act 96-262), 
13 refrain from accessing or using a social networking 
14 website as defined in Section 17-0.5 of the Criminal Code 
15 of 2012;

16  (9) if convicted of a felony or of any misdemeanor 
17 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
18 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
19 2012 that was determined, pursuant to Section 112A-11.1 of 
20 the Code of Criminal Procedure of 1963, to trigger the 
21 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
22 at a time and place
designated by the court, his or her 
23 Firearm
Owner's Identification Card and
any and all 
24 firearms in
his or her possession. The Court shall return 
25 to the Illinois State Police Firearm Owner's 
26 Identification Card Office the person's Firearm Owner's 
 
 
HB3197- 395 -LRB103 26878 RLC 53242 b


1 Identification Card;


2  (10) if convicted of a sex offense as defined in 
3 subsection (a-5) of Section 3-1-2 of this Code, unless the 
4 offender is a parent or guardian of the person under 18 
5 years of age present in the home and no non-familial 
6 minors are present, not participate in a holiday event 
7 involving children under 18 years of age, such as 
8 distributing candy or other items to children on 
9 Halloween, wearing a Santa Claus costume on or preceding 
10 Christmas, being employed as a department store Santa 
11 Claus, or wearing an Easter Bunny costume on or preceding 
12 Easter; 
13  (11) if convicted of a sex offense as defined in 
14 Section 2 of the Sex Offender Registration Act committed 
15 on or after January 1, 2010 (the effective date of Public 
16 Act 96-362) that requires the person to register as a sex 
17 offender under that Act, may not knowingly use any 
18 computer scrub software on any computer that the sex 
19 offender uses; 
20  (12) if convicted of a violation of the 
21 Methamphetamine Control and Community Protection Act, the 
22 Methamphetamine
Precursor Control Act, or a 
23 methamphetamine related offense:
24   (A) prohibited from purchasing, possessing, or 
25 having under his or her control any product containing 
26 pseudoephedrine unless prescribed by a physician; and
 
 
HB3197- 396 -LRB103 26878 RLC 53242 b


1   (B) prohibited from purchasing, possessing, or 
2 having under his or her control any product containing 
3 ammonium nitrate; and
4  (13) if convicted of a hate crime involving the 
5 protected class identified in subsection (a) of Section 
6 12-7.1 of the Criminal Code of 2012 that gave rise to the 
7 offense the offender committed, perform public or 
8 community service of no less than 200 hours and enroll in 
9 an educational program discouraging hate crimes that 
10 includes racial, ethnic, and cultural sensitivity training 
11 ordered by the court. 
12 (b) The Court may in addition to other reasonable 
13conditions relating to the
nature of the offense or the 
14rehabilitation of the defendant as determined for
each 
15defendant in the proper discretion of the Court require that 
16the person:


17  (1) serve a term of periodic imprisonment under 
18 Article 7 for a
period not to exceed that specified in 
19 paragraph (d) of Section 5-7-1;


20  (2) pay a fine and costs;


21  (3) work or pursue a course of study or vocational 
22 training;


23  (4) undergo medical, psychological or psychiatric 
24 treatment; or treatment
for drug addiction or alcoholism;


25  (5) attend or reside in a facility established for the 
26 instruction
or residence of defendants on probation;


 
 
HB3197- 397 -LRB103 26878 RLC 53242 b


1  (6) support his dependents;


2  (7) and in addition, if a minor:


3   (i) reside with his parents or in a foster home;


4   (ii) attend school;


5   (iii) attend a non-residential program for youth;


6   (iv) contribute to his own support at home or in a 
7 foster home;


8   (v) with the consent of the superintendent of the

9 facility, attend an educational program at a facility 
10 other than the school
in which the
offense was 
11 committed if he
or she is convicted of a crime of 
12 violence as
defined in
Section 2 of the Crime Victims 
13 Compensation Act committed in a school, on the
real

14 property
comprising a school, or within 1,000 feet of 
15 the real property comprising a
school;


16  (8) make restitution as provided in Section 5-5-6 of 
17 this Code;


18  (9) perform some reasonable public or community 
19 service;


20  (10) serve a term of home confinement. In addition to 
21 any other
applicable condition of probation or conditional 
22 discharge, the
conditions of home confinement shall be 
23 that the offender:


24   (i) remain within the interior premises of the 
25 place designated for
his confinement during the hours 
26 designated by the court;


 
 
HB3197- 398 -LRB103 26878 RLC 53242 b


1   (ii) admit any person or agent designated by the 
2 court into the
offender's place of confinement at any 
3 time for purposes of verifying
the offender's 
4 compliance with the conditions of his confinement; and


5   (iii) if further deemed necessary by the court or 
6 the
Probation or
Court Services Department, be placed 
7 on an approved
electronic monitoring device, subject 
8 to Article 8A of Chapter V;


9   (iv) for persons convicted of any alcohol, 
10 cannabis or controlled
substance violation who are 
11 placed on an approved monitoring device as a
condition 
12 of probation or conditional discharge, the court shall 
13 impose a
reasonable fee for each day of the use of the 
14 device, as established by the
county board in 
15 subsection (g) of this Section, unless after 
16 determining the
inability of the offender to pay the 
17 fee, the court assesses a lesser fee or no
fee as the 
18 case may be. This fee shall be imposed in addition to 
19 the fees
imposed under subsections (g) and (i) of this 
20 Section. The fee shall be
collected by the clerk of the 
21 circuit court, except as provided in an administrative 
22 order of the Chief Judge of the circuit court. The 
23 clerk of the circuit
court shall pay all monies 
24 collected from this fee to the county treasurer
for 
25 deposit in the substance abuse services fund under 
26 Section 5-1086.1 of
the Counties Code, except as 
 
 
HB3197- 399 -LRB103 26878 RLC 53242 b


1 provided in an administrative order of the Chief Judge 
2 of the circuit court.
3   The Chief Judge of the circuit court of the county 
4 may by administrative order establish a program for 
5 electronic monitoring of offenders, in which a vendor 
6 supplies and monitors the operation of the electronic 
7 monitoring device, and collects the fees on behalf of 
8 the county. The program shall include provisions for 
9 indigent offenders and the collection of unpaid fees. 
10 The program shall not unduly burden the offender and 
11 shall be subject to review by the Chief Judge.
12   The Chief Judge of the circuit court may suspend 
13 any additional charges or fees for late payment, 
14 interest, or damage to any device; and


15   (v) for persons convicted of offenses other than 
16 those referenced in
clause (iv) above and who are 
17 placed on an approved monitoring device as a
condition 
18 of probation or conditional discharge, the court shall 
19 impose
a reasonable fee for each day of the use of the 
20 device, as established by the
county board in 
21 subsection (g) of this Section, unless after 
22 determining the
inability of the defendant to pay the 
23 fee, the court assesses a lesser fee or
no fee as the 
24 case may be. This fee shall be imposed in addition to 
25 the fees
imposed under subsections (g) and (i) of this 
26 Section. The fee
shall be collected by the clerk of the 
 
 
HB3197- 400 -LRB103 26878 RLC 53242 b


1 circuit court, except as provided in an administrative 
2 order of the Chief Judge of the circuit court. The 
3 clerk of the circuit
court shall pay all monies 
4 collected from this fee
to the county treasurer who 
5 shall use the monies collected to defray the
costs of 
6 corrections. The county treasurer shall deposit the 
7 fee
collected in the probation and court services 
8 fund.
The Chief Judge of the circuit court of the 
9 county may by administrative order establish a program 
10 for electronic monitoring of offenders, in which a 
11 vendor supplies and monitors the operation of the 
12 electronic monitoring device, and collects the fees on 
13 behalf of the county. The program shall include 
14 provisions for indigent offenders and the collection 
15 of unpaid fees. The program shall not unduly burden 
16 the offender and shall be subject to review by the 
17 Chief Judge. 

18   The Chief Judge of the circuit court may suspend 
19 any additional charges or fees for late payment, 
20 interest, or damage to any device. 
21  (11) comply with the terms and conditions of an order 
22 of protection issued
by the court pursuant to the Illinois 
23 Domestic Violence Act of 1986,
as now or hereafter 
24 amended, or an order of protection issued by the court of

25 another state, tribe, or United States territory. A copy 
26 of the order of
protection shall be
transmitted to the 
 
 
HB3197- 401 -LRB103 26878 RLC 53242 b


1 probation officer or agency
having responsibility for the 
2 case;


3  (12) reimburse any "local anti-crime program" as 
4 defined in Section 7
of the Anti-Crime Advisory Council 
5 Act for any reasonable expenses incurred
by the program on 
6 the offender's case, not to exceed the maximum amount of

7 the fine authorized for the offense for which the 
8 defendant was sentenced;


9  (13) contribute a reasonable sum of money, not to 
10 exceed the maximum
amount of the fine authorized for the

11 offense for which the defendant was sentenced, (i) to a 
12 "local anti-crime
program", as defined in Section 7 of the 
13 Anti-Crime Advisory Council Act, or (ii) for offenses 
14 under the jurisdiction of the Department of Natural 
15 Resources, to the fund established by the Department of 
16 Natural Resources for the purchase of evidence for 
17 investigation purposes and to conduct investigations as 
18 outlined in Section 805-105 of the Department of Natural 
19 Resources (Conservation) Law;


20  (14) refrain from entering into a designated 
21 geographic area except upon
such terms as the court finds 
22 appropriate. Such terms may include
consideration of the 
23 purpose of the entry, the time of day, other persons

24 accompanying the defendant, and advance approval by a

25 probation officer, if
the defendant has been placed on 
26 probation or advance approval by the
court, if the 
 
 
HB3197- 402 -LRB103 26878 RLC 53242 b


1 defendant was placed on conditional discharge;


2  (15) refrain from having any contact, directly or 
3 indirectly, with
certain specified persons or particular 
4 types of persons, including but not
limited to members of 
5 street gangs and drug users or dealers;


6  (16) refrain from having in his or her body the 
7 presence of any illicit
drug prohibited by the Cannabis 
8 Control Act, the Illinois Controlled
Substances Act, or 
9 the Methamphetamine Control and Community Protection Act, 
10 unless prescribed by a physician, and submit samples of

11 his or her blood or urine or both for tests to determine 
12 the presence of any
illicit drug;

13  (17) if convicted for an offense committed on or after 
14 June 1, 2008 (the effective date of Public Act 95-464) 
15 that would qualify the accused as a child sex offender as 
16 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
17 of 1961 or the Criminal Code of 2012, refrain from 
18 communicating with or contacting, by means of the 
19 Internet, a person who is related to the accused and whom 
20 the accused reasonably believes to be under 18 years of 
21 age; for purposes of this paragraph (17), "Internet" has 
22 the meaning ascribed to it in Section 16-0.1 of the 
23 Criminal Code of 2012; and a person is related to the 
24 accused if the person is: (i) the spouse, brother, or 
25 sister of the accused; (ii) a descendant of the accused; 
26 (iii) a first or second cousin of the accused; or (iv) a 
 
 
HB3197- 403 -LRB103 26878 RLC 53242 b


1 step-child or adopted child of the accused;
2  (18) if convicted for an offense committed on or after 
3 June 1, 2009 (the effective date of Public Act 95-983) 
4 that would qualify as a sex offense as defined in the Sex 
5 Offender Registration Act:
6   (i) not access or use a computer or any other 
7 device with Internet capability without the prior 
8 written approval of the offender's probation officer, 
9 except in connection with the offender's employment or 
10 search for employment with the prior approval of the 
11 offender's probation officer;
12   (ii) submit to periodic unannounced examinations 
13 of the offender's computer or any other device with 
14 Internet capability by the offender's probation 
15 officer, a law enforcement officer, or assigned 
16 computer or information technology specialist, 
17 including the retrieval and copying of all data from 
18 the computer or device and any internal or external 
19 peripherals and removal of such information, 
20 equipment, or device to conduct a more thorough 
21 inspection;
22   (iii) submit to the installation on the offender's 
23 computer or device with Internet capability, at the 
24 subject's expense, of one or more hardware or software 
25 systems to monitor the Internet use; and
26   (iv) submit to any other appropriate restrictions 
 
 
HB3197- 404 -LRB103 26878 RLC 53242 b


1 concerning the offender's use of or access to a 
2 computer or any other device with Internet capability 
3 imposed by the offender's probation officer; and 
4  (19) refrain from possessing a firearm or other 
5 dangerous weapon where the offense is a misdemeanor that 
6 did not involve the intentional or knowing infliction of 
7 bodily harm or threat of bodily harm. 
8 (c) The court may as a condition of probation or of 
9conditional
discharge require that a person under 18 years of 
10age found guilty of any
alcohol, cannabis or controlled 
11substance violation, refrain from acquiring
a driver's license 
12during
the period of probation or conditional discharge. If 
13such person
is in possession of a permit or license, the court 
14may require that
the minor refrain from driving or operating 
15any motor vehicle during the
period of probation or 
16conditional discharge, except as may be necessary in
the 
17course of the minor's lawful employment.


18 (d) An offender sentenced to probation or to conditional 
19discharge
shall be given a certificate setting forth the 
20conditions thereof.


21 (e) Except where the offender has committed a fourth or 
22subsequent
violation of subsection (c) of Section 6-303 of the 
23Illinois Vehicle Code,
the court shall not require as a 
24condition of the sentence of
probation or conditional 
25discharge that the offender be committed to a
period of 
26imprisonment in excess of 6 months.
This 6-month limit shall 
 
 
HB3197- 405 -LRB103 26878 RLC 53242 b


1not include periods of confinement given pursuant to
a 
2sentence of county impact incarceration under Section 5-8-1.2.

3 Persons committed to imprisonment as a condition of 
4probation or
conditional discharge shall not be committed to 
5the Department of
Corrections.


6 (f) The court may combine a sentence of periodic 
7imprisonment under
Article 7 or a sentence to a county impact 
8incarceration program under
Article 8 with a sentence of 
9probation or conditional discharge.


10 (g) An offender sentenced to probation or to conditional 
11discharge and
who during the term of either undergoes 
12mandatory drug or alcohol testing,
or both, or is assigned to 
13be placed on an approved electronic monitoring
device, shall 
14be ordered to pay all costs incidental to such mandatory drug

15or alcohol testing, or both, and all costs
incidental to such 
16approved electronic monitoring in accordance with the

17defendant's ability to pay those costs. The county board with

18the concurrence of the Chief Judge of the judicial
circuit in 
19which the county is located shall establish reasonable fees 
20for
the cost of maintenance, testing, and incidental expenses 
21related to the
mandatory drug or alcohol testing, or both, and 
22all costs incidental to
approved electronic monitoring, 
23involved in a successful probation program
for the county. The 
24concurrence of the Chief Judge shall be in the form of
an 
25administrative order.
The fees shall be collected by the clerk 
26of the circuit court, except as provided in an administrative 
 
 
HB3197- 406 -LRB103 26878 RLC 53242 b


1order of the Chief Judge of the circuit court. The clerk of
the 
2circuit court shall pay all moneys collected from these fees 
3to the county
treasurer who shall use the moneys collected to 
4defray the costs of
drug testing, alcohol testing, and 
5electronic monitoring.
The county treasurer shall deposit the 
6fees collected in the
county working cash fund under Section 
76-27001 or Section 6-29002 of the
Counties Code, as the case 
8may be.
The Chief Judge of the circuit court of the county may 
9by administrative order establish a program for electronic 
10monitoring of offenders, in which a vendor supplies and 
11monitors the operation of the electronic monitoring device, 
12and collects the fees on behalf of the county. The program 
13shall include provisions for indigent offenders and the 
14collection of unpaid fees. The program shall not unduly burden 
15the offender and shall be subject to review by the Chief Judge. 

16 The Chief Judge of the circuit court may suspend any 
17additional charges or fees for late payment, interest, or 
18damage to any device. 
19 (h) Jurisdiction over an offender may be transferred from 
20the
sentencing court to the court of another circuit with the 
21concurrence of
both courts. Further transfers or retransfers 
22of
jurisdiction are also
authorized in the same manner. The 
23court to which jurisdiction has been
transferred shall have 
24the same powers as the sentencing court.
The probation 
25department within the circuit to which jurisdiction has been 
26transferred, or which has agreed to provide supervision, may 
 
 
HB3197- 407 -LRB103 26878 RLC 53242 b


1impose probation fees upon receiving the transferred offender, 
2as provided in subsection (i). For all transfer cases, as 
3defined in Section 9b of the Probation and Probation Officers 
4Act, the probation department from the original sentencing 
5court shall retain all probation fees collected prior to the 
6transfer. After the transfer,
all probation fees shall be paid 
7to the probation department within the
circuit to which 
8jurisdiction has been transferred.

9 (i) The court shall impose upon an offender
sentenced to 
10probation after January 1, 1989 or to conditional discharge

11after January 1, 1992 or to community service under the 
12supervision of a
probation or court services department after 
13January 1, 2004, as a condition of such probation or 
14conditional
discharge or supervised community service, a fee 
15of $50
for each month of probation or
conditional
discharge 
16supervision or supervised community service ordered by the 
17court, unless after
determining the inability of the person 
18sentenced to probation or conditional
discharge or supervised 
19community service to pay the
fee, the court assesses a lesser 
20fee. The court may not impose the fee on a
minor who is placed 
21in the guardianship or custody of the Department of Children 
22and Family Services under the Juvenile Court Act of 1987
while 
23the minor is in placement.
The fee shall be imposed only upon

24an offender who is actively supervised by the
probation and 
25court services
department. The fee shall be collected by the 
26clerk
of the circuit court. The clerk of the circuit court 
 
 
HB3197- 408 -LRB103 26878 RLC 53242 b


1shall pay all monies
collected from this fee to the county 
2treasurer for deposit in the
probation and court services fund 
3under Section 15.1 of the
Probation and Probation Officers 
4Act.

5 A circuit court may not impose a probation fee under this 
6subsection (i) in excess of $25
per month unless the circuit 
7court has adopted, by administrative
order issued by the chief 
8judge, a standard probation fee guide
determining an 
9offender's ability to pay. Of the
amount collected as a 
10probation fee, up to $5 of that fee
collected per month may be 
11used to provide services to crime victims
and their families.
12 The Court may only waive probation fees based on an 
13offender's ability to pay. The probation department may 
14re-evaluate an offender's ability to pay every 6 months, and, 
15with the approval of the Director of Court Services or the 
16Chief Probation Officer, adjust the monthly fee amount. An 
17offender may elect to pay probation fees due in a lump sum.
Any 
18offender that has been assigned to the supervision of a 
19probation department, or has been transferred either under 
20subsection (h) of this Section or under any interstate 
21compact, shall be required to pay probation fees to the 
22department supervising the offender, based on the offender's 
23ability to pay.


24 Public Act 93-970 deletes the $10 increase in the fee 
25under this subsection that was imposed by Public Act 93-616. 
26This deletion is intended to control over any other Act of the 
 
 
HB3197- 409 -LRB103 26878 RLC 53242 b


193rd General Assembly that retains or incorporates that fee 
2increase.
3 (i-5) In addition to the fees imposed under subsection (i) 
4of this Section, in the case of an offender convicted of a 
5felony sex offense (as defined in the Sex Offender Management 
6Board Act) or an offense that the court or probation 
7department has determined to be sexually motivated (as defined 
8in the Sex Offender Management Board Act), the court or the 
9probation department shall assess additional fees to pay for 
10all costs of treatment, assessment, evaluation for risk and 
11treatment, and monitoring the offender, based on that 
12offender's ability to pay those costs either as they occur or 
13under a payment plan.
14 (j) All fines and costs imposed under this Section for any 
15violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
16Code, or a similar
provision of a local ordinance, and any 
17violation of the Child Passenger
Protection Act, or a similar 
18provision of a local ordinance, shall be
collected and 
19disbursed by the circuit clerk as provided under the Criminal 
20and Traffic Assessment Act.


21 (k) Any offender who is sentenced to probation or 
22conditional discharge for a felony sex offense as defined in 
23the Sex Offender Management Board Act or any offense that the 
24court or probation department has determined to be sexually 
25motivated as defined in the Sex Offender Management Board Act 
26shall be required to refrain from any contact, directly or 
 
 
HB3197- 410 -LRB103 26878 RLC 53242 b


1indirectly, with any persons specified by the court and shall 
2be available for all evaluations and treatment programs 
3required by the court or the probation department.

4 (l) The court may order an offender who is sentenced to 
5probation or conditional
discharge for a violation of an order 
6of protection be placed under electronic surveillance as 
7provided in Section 5-8A-7 of this Code. 
8(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)

9 Section 95. The Stalking No Contact Order Act is amended 
10by changing Section 80 as follows:

11 (740 ILCS 21/80)

12 Sec. 80. Stalking no contact orders; remedies.
13 (a) If the court finds that the petitioner has been a 
14victim of stalking, a stalking no contact order shall issue; 
15provided that the petitioner must also satisfy the 
16requirements of Section 95 on emergency orders or Section 100 
17on plenary orders. The petitioner shall not be denied a 
18stalking no contact order because the petitioner or the 
19respondent is a minor. The court, when determining whether or 
20not to issue a stalking no contact order, may not require 
21physical injury on the person of the petitioner. Modification 
22and extension of prior stalking no contact orders shall be in 
23accordance with this Act.
24 (b) A stalking no contact order shall order one or more of 
 
 
HB3197- 411 -LRB103 26878 RLC 53242 b


1the following:
2  (1) prohibit the respondent from threatening to commit 
3 or committing stalking;
4  (2) order the respondent not to have any contact with 
5 the petitioner or a third person specifically named by the 
6 court;
7  (3) prohibit the respondent from knowingly coming 
8 within, or knowingly remaining within a specified distance 
9 of the petitioner or the petitioner's residence, school, 
10 daycare, or place of employment, or any specified place 
11 frequented by the petitioner; however, the court may order 
12 the respondent to stay away from the respondent's own 
13 residence, school, or place of employment only if the 
14 respondent has been provided actual notice of the 
15 opportunity to appear and be heard on the petition;
16  (4) prohibit the respondent from possessing a Firearm 
17 Owners Identification Card, or possessing or buying 
18 firearms; and
19  (5) order other injunctive relief the court determines 
20 to be necessary to protect the petitioner or third party 
21 specifically named by the court.
22 (b-5) When the petitioner and the respondent attend the 
23same public, private, or non-public elementary, middle, or 
24high school, the court when issuing a stalking no contact 
25order and providing relief shall consider the severity of the 
26act, any continuing physical danger or emotional distress to 
 
 
HB3197- 412 -LRB103 26878 RLC 53242 b


1the petitioner, the educational rights guaranteed to the 
2petitioner and respondent under federal and State law, the 
3availability of a transfer of the respondent to another 
4school, a change of placement or a change of program of the 
5respondent, the expense, difficulty, and educational 
6disruption that would be caused by a transfer of the 
7respondent to another school, and any other relevant facts of 
8the case. The court may order that the respondent not attend 
9the public, private, or non-public elementary, middle, or high 
10school attended by the petitioner, order that the respondent 
11accept a change of placement or program, as determined by the 
12school district or private or non-public school, or place 
13restrictions on the respondent's movements within the school 
14attended by the petitioner.
The respondent bears the burden of 
15proving by a preponderance of the evidence that a transfer, 
16change of placement, or change of program of the respondent is 
17not available. The respondent also bears the burden of 
18production with respect to the expense, difficulty, and 
19educational disruption that would be caused by a transfer of 
20the respondent to another school. A transfer, change of 
21placement, or change of program is not unavailable to the 
22respondent solely on the ground that the respondent does not 
23agree with the school district's or private or non-public 
24school's transfer, change of placement, or change of program 
25or solely on the ground that the respondent fails or refuses to 
26consent to or otherwise does not take an action required to 
 
 
HB3197- 413 -LRB103 26878 RLC 53242 b


1effectuate a transfer, change of placement, or change of 
2program.
When a court orders a respondent to stay away from the 
3public, private, or non-public school attended by the 
4petitioner and the respondent requests a transfer to another 
5attendance center within the respondent's school district or 
6private or non-public school, the school district or private 
7or non-public school shall have sole discretion to determine 
8the attendance center to which the respondent is transferred.

9In the event the court order results in a transfer of the minor 
10respondent to another attendance center, a change in the 
11respondent's placement, or a change of the respondent's 
12program, the parents, guardian, or legal custodian of the 
13respondent is responsible for transportation and other costs 
14associated with the transfer or change. 
15 (b-6) The court may order the parents, guardian, or legal 
16custodian of a minor respondent to take certain actions or to 
17refrain from taking certain actions to ensure that the 
18respondent complies with the order. In the event the court 
19orders a transfer of the respondent to another school, the 
20parents, guardian, or legal custodian of the respondent are 
21responsible for transportation and other costs associated with 
22the change of school by the respondent. 
23 (b-7) The court shall not hold a school district or 
24private or non-public school or any of its employees in civil 
25or criminal contempt unless the school district or private or 
26non-public school has been allowed to intervene.
 
 
HB3197- 414 -LRB103 26878 RLC 53242 b


1 (b-8) The court may hold the parents, guardian, or legal 
2custodian of a minor respondent in civil or criminal contempt 
3for a violation of any provision of any order entered under 
4this Act for conduct of the minor respondent in violation of 
5this Act if the
parents, guardian, or legal custodian 
6directed, encouraged, or assisted the respondent minor in such 
7conduct. 
8 (c) The court may award the petitioner costs and attorneys 
9fees if a stalking no contact order is granted.
10 (d) Monetary damages are not recoverable as a remedy.
11 (e) If the stalking no contact order prohibits the 
12respondent from possessing a Firearm Owner's Identification 
13Card, or possessing or buying firearms; the court shall 
14confiscate the respondent's firearms Firearm Owner's 
15Identification Card and immediately return the card to the 
16Illinois State Police Firearm Owner's Identification Card 
17Office.


18(Source: P.A. 102-538, eff. 8-20-21.)

19 Section 100. The Mental Health and Developmental 
20Disabilities Confidentiality Act is amended by changing 
21Section 12 as follows:



22 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


23 Sec. 12. (a) If the United States Secret Service or the 
24Illinois State Police requests information from a mental 
 
 
HB3197- 415 -LRB103 26878 RLC 53242 b


1health or developmental
disability facility, as defined in 
2Section 1-107 and 1-114 of the Mental
Health and Developmental 
3Disabilities Code, relating to a specific
recipient and the 
4facility director determines that disclosure of such

5information may be necessary to protect the life of, or to 
6prevent
the infliction of great bodily harm to, a public 
7official,
or a person under the protection of the United

8States Secret Service, only the following information
may be 
9disclosed: the recipient's name, address, and age and the date 
10of
any admission to or discharge from a facility; and any 
11information which
would indicate whether or not the recipient 
12has a history of violence or
presents a danger of violence to 
13the person under protection. Any information
so disclosed 
14shall be used for investigative purposes only and shall not
be 
15publicly disseminated.
Any person participating in good faith 
16in the disclosure of such
information in accordance with this 
17provision shall have immunity from any
liability, civil, 
18criminal or otherwise, if such information is disclosed

19relying upon the representation of an officer of the United 
20States Secret
Service or the Illinois State Police that a 
21person is under the
protection of the United States Secret 
22Service or is a public official.

23 For the purpose of this subsection (a), the term "public 
24official" means
the Governor, Lieutenant Governor, Attorney 
25General, Secretary of State,
State Comptroller, State 
26Treasurer, member of the General Assembly, member of the 
 
 
HB3197- 416 -LRB103 26878 RLC 53242 b


1United States Congress, Judge of the United States as defined 
2in 28 U.S.C. 451, Justice of the United States as defined in 28 
3U.S.C. 451, United States Magistrate Judge as defined in 28 
4U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
5Supreme, Appellate, Circuit, or Associate Judge of the State 
6of Illinois. The
term shall also include the spouse, child or 
7children of a public official.

8 (b) The Department of Human Services (acting as successor 
9to the
Department of Mental Health and Developmental 
10Disabilities) and all
public or private hospitals and mental 
11health facilities are required, as hereafter described in this 
12subsection,
to furnish the Illinois State Police only such 
13information as may
be required for the sole purpose of 
14determining whether an individual who
may be or may have been a 
15patient is disqualified because of that status
from receiving 
16or retaining a firearm under paragraph (4) of subsection (a) 
17of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
18Identification Card or falls within the federal prohibitors 
19under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
20of the Firearm Owners Identification Card Act, or falls within 
21the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
22physicians, clinical psychologists, or qualified examiners at 
23public or private mental health facilities or parts thereof as 
24defined in this subsection shall, in the form and manner 
25required
by the Department, provide notice directly to the 
26Department of Human Services, or to his or her employer who 
 
 
HB3197- 417 -LRB103 26878 RLC 53242 b


1shall then report to the Department, within 24 hours after 
2determining that a person poses a clear and present danger to 
3himself, herself, or others, or within 7 days after a person 14 
4years or older is determined to be a person with a 
5developmental disability by a physician, clinical 
6psychologist, or qualified examiner as described in this 
7subsection (b) Section 1.1 of the Firearm Owners 
8Identification Card Act. If a person is a patient as described 
9in clause (2)(A) (1) of the definition of "patient" in this 
10subsection Section 1.1 of the Firearm Owners Identification 
11Card Act, this information shall be furnished within 7 days 
12after
admission to a public or private hospital or mental 
13health facility or the provision of services. Any such 
14information disclosed under
this subsection shall
remain 
15privileged and confidential, and shall not be redisclosed, 
16except as required by clause (e)(2) of Section 24-4.5 of the 
17Criminal Code of 2012 subsection (e) of Section 3.1 of the 
18Firearm Owners Identification Card Act, nor utilized
for any 
19other purpose. The method of requiring the providing of such

20information shall guarantee that no information is released 
21beyond what
is necessary for this purpose. In addition, the 
22information disclosed
shall be provided
by the Department 
23within the time period established by Section 24-3 of the

24Criminal Code of 2012 regarding the delivery of firearms. The 
25method used
shall be sufficient to provide the necessary 
26information within the
prescribed time period, which may 
 
 
HB3197- 418 -LRB103 26878 RLC 53242 b


1include periodically providing
lists to the Department of 
2Human Services
or any public or private hospital or mental 
3health facility of Firearm Owner's Identification Card 
4applicants for firearm purchases
on which the Department or 
5hospital shall indicate the identities of those
individuals 
6who are to its knowledge disqualified from having a firearm 
7Firearm
Owner's Identification Card for reasons described 
8herein. The Department
may provide for a centralized source
of 
9information for the State on this subject under its 
10jurisdiction. The identity of the person reporting under this 
11subsection shall not be disclosed to the subject of the 
12report. For the purposes of this subsection, the physician, 
13clinical psychologist, or qualified examiner making the 
14determination and his or her employer shall not be held 
15criminally, civilly, or professionally liable for making or 
16not making the notification required under this subsection, 
17except for willful or wanton misconduct. 

18 Any person, institution, or agency, under this Act, 
19participating in
good faith in the reporting or disclosure of 
20records and communications
otherwise in accordance with this 
21provision or with rules, regulations or
guidelines issued by 
22the Department shall have immunity from any
liability, civil, 
23criminal or otherwise, that might result by reason of the

24action. For the purpose of any proceeding, civil or criminal,

25arising out of a report or disclosure in accordance with this 
26provision,
the good faith of any person,
institution, or 
 
 
HB3197- 419 -LRB103 26878 RLC 53242 b


1agency so reporting or disclosing shall be presumed. The
full 
2extent of the immunity provided in this subsection (b) shall 
3apply to
any person, institution or agency that fails to make a 
4report or disclosure
in the good faith belief that the report 
5or disclosure would violate
federal regulations governing the 
6confidentiality of alcohol and drug abuse
patient records 
7implementing 42 U.S.C. 290dd-3 and 290ee-3.

8 For purposes of this subsection (b) only, the following 
9terms shall have
the meaning prescribed:

10  (1) (Blank).

11  (1.3) "Clear and present danger" has the meaning as 
12 defined in Section 6-103.3 of the Mental Health and 
13 Developmental Disabilities Code 1.1 of the Firearm Owners 
14 Identification Card Act. 
15  (1.5) "Person with a developmental disability" has the 
16 meaning as defined in Section 6-103.3 of the Mental Health 
17 and Developmental Disabilities Code 1.1 of the Firearm 
18 Owners Identification Card Act.
19  (2) "Patient" means (A) a person who voluntarily 
20 receives mental health treatment as an in-patient or 
21 resident of any public or private mental health facility, 
22 unless the treatment was solely for an alcohol abuse 
23 disorder and no other secondary substance abuse disorder 
24 or mental illness; or (B) a person who voluntarily 
25 receives mental health treatment as an out-patient or is 
26 provided services by a public or private mental health 
 
 
HB3197- 420 -LRB103 26878 RLC 53242 b


1 facility, and who poses a clear and present danger to 
2 himself, herself, or to others has the meaning as defined 
3 in Section 1.1 of the Firearm Owners Identification Card 
4 Act.

5  (3) "Mental health facility" means any licensed 
6 private hospital or hospital affiliate, institution, or 
7 facility, or part thereof, and any facility, or part 
8 thereof, operated by the State or a political subdivision 
9 thereof which provide treatment of persons with mental 
10 illness and includes all hospitals, institutions, clinics, 
11 evaluation facilities, mental health centers, colleges, 
12 universities, long-term care facilities, and nursing 
13 homes, or parts thereof, which provide treatment of 
14 persons with mental illness whether or not the primary 
15 purpose is to provide treatment of persons with mental 
16 illness has the meaning as defined in Section 1.1 of the 
17 Firearm Owners Identification Card Act.

18 (c) Upon the request of a peace officer who takes a person 
19into custody
and transports such person to a mental health or 
20developmental disability
facility pursuant to Section 3-606 or 
214-404 of the Mental Health and
Developmental Disabilities Code 
22or who transports a person from such facility,
a facility 
23director shall furnish said peace officer the name, address, 
24age
and name of the nearest relative of the person transported 
25to or from the
mental health or developmental disability 
26facility. In no case shall the
facility director disclose to 
 
 
HB3197- 421 -LRB103 26878 RLC 53242 b


1the peace officer any information relating to the
diagnosis, 
2treatment or evaluation of the person's mental or physical 
3health.

4 For the purposes of this subsection (c), the terms "mental 
5health or
developmental disability facility", "peace officer" 
6and "facility director"
shall have the meanings ascribed to 
7them in the Mental Health and
Developmental Disabilities Code.

8 (d) Upon the request of a peace officer or prosecuting 
9authority who is
conducting a bona fide investigation of a 
10criminal offense, or attempting to
apprehend a fugitive from 
11justice,
a facility director may disclose whether a person is 
12present at the facility.
Upon request of a peace officer or 
13prosecuting authority who has a valid
forcible felony warrant 
14issued, a facility director shall disclose: (1) whether
the 
15person who is the subject of the warrant is present at the 
16facility and (2)
the
date of that person's discharge or future 
17discharge from the facility.
The requesting peace officer or 
18prosecuting authority must furnish a case
number and the 
19purpose of the investigation or an outstanding arrest warrant 
20at
the time of the request. Any person, institution, or agency

21participating in good faith in disclosing such information in 
22accordance with
this subsection (d) is immune from any 
23liability, civil, criminal or
otherwise, that might result by 
24reason of the action.

25(Source: P.A. 102-538, eff. 8-20-21.)


 
 
HB3197- 422 -LRB103 26878 RLC 53242 b


1 Section 105. The Illinois Domestic Violence Act of 1986 is 
2amended by changing Sections 210 and 214 as follows:



3 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



4 Sec. 210. Process. 

5 (a) Summons. Any action for an order
of protection, 
6whether commenced alone or in conjunction with another

7proceeding, is a distinct cause of action and requires that a 
8separate
summons be issued and served, except that in pending 
9cases the following
methods may be used:

10  (1) By delivery of the summons to respondent 
11 personally in open
court in pending civil or criminal 
12 cases.

13  (2) By notice in accordance with Section 210.1 in 
14 civil cases in which
the defendant has filed a general 
15 appearance.

16 The summons shall be in the form prescribed
by Supreme 
17Court Rule 101(d), except that it shall require respondent to

18answer or appear within 7 days.
Attachments to the summons or 
19notice shall include the petition for order
of protection and 
20supporting affidavits, if any, and any emergency order of

21protection that has been issued. The enforcement of an order 
22of protection
under Section 223 shall not be affected by the 
23lack of service, delivery,
or notice, provided the 
24requirements of subsection (d) of that Section are
otherwise 
25met.

 
 
HB3197- 423 -LRB103 26878 RLC 53242 b


1 (b) Blank.

2 (c) Expedited service. The summons shall be served by the 
3sheriff or
other law enforcement officer at the earliest time 
4and shall take
precedence over other summonses except those of 
5a similar emergency nature.
Special process servers may be 
6appointed at any time, and their
designation shall not affect 
7the responsibilities and authority of the
sheriff or other 
8official process servers. In counties with a population over 
93,000,000, a special process server may not be appointed if 
10the order of protection grants the surrender of a child, the 
11surrender of a firearm or firearm owners identification card, 
12or the exclusive possession of a shared residence.

13 (d) Remedies requiring actual notice. The counseling, 
14payment of
support, payment of shelter services,
and payment 
15of losses remedies provided by paragraphs 4,
12, 13, and 16 of 
16subsection (b) of Section 214 may be granted only if

17respondent has
been personally served with process, has 
18answered or has made a general
appearance.

19 (e) Remedies upon constructive notice. Service of process 
20on a member
of respondent's household or by publication shall 
21be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
226, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
23214, but only if: (i) petitioner has made all reasonable

24efforts to accomplish actual service of process personally 
25upon respondent,
but respondent cannot be found to effect such 
26service and (ii) petitioner
files an affidavit or presents 
 
 
HB3197- 424 -LRB103 26878 RLC 53242 b


1sworn testimony
as to those efforts.

2 (f) Default. A plenary order of protection may be entered 
3by default as follows:

4  (1) For any of the remedies sought in the petition, if 
5 respondent
has been served or given notice in accordance 
6 with subsection (a) and if
respondent then fails to appear 
7 as directed or fails to appear on any subsequent

8 appearance or hearing date agreed to by the parties or set 
9 by the court; or

10  (2) For any of the remedies provided in accordance 
11 with subsection
(e), if respondent fails to answer or 
12 appear in accordance with the
date set in the publication 
13 notice or the return date indicated on the
service of a 
14 household member.

15 (g) Emergency orders. If an order is granted under 
16subsection (c) of Section 217, the court shall immediately 
17file a certified copy of the order with the sheriff or other 
18law enforcement official charged with maintaining Department 
19of State Police records.
20(Source: P.A. 101-508, eff. 1-1-20.)




21 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

22 Sec. 214. Order of protection; remedies. 

23 (a) Issuance of order. If the court finds that petitioner 
24has been
abused by a family or household member or that 
25petitioner is a high-risk
adult who has been abused, 
 
 
HB3197- 425 -LRB103 26878 RLC 53242 b


1neglected, or exploited, as defined in this Act,
an order of 
2protection prohibiting the abuse, neglect, or exploitation

3shall issue; provided that petitioner must also satisfy the 
4requirements of
one of the following Sections, as appropriate: 
5Section 217 on emergency
orders, Section 218 on interim 
6orders, or Section 219 on plenary orders.
Petitioner shall not 
7be denied an order of protection because petitioner or

8respondent is a minor. The court, when determining whether or 
9not to issue
an order of protection, shall not require 
10physical manifestations of abuse
on the person of the victim. 
11Modification and extension of prior
orders of protection shall 
12be in accordance with this Act.

13 (b) Remedies and standards. The remedies to be included in 
14an order of
protection shall be determined in accordance with 
15this Section and one of
the following Sections, as 
16appropriate: Section 217 on emergency orders,
Section 218 on 
17interim orders, and Section 219 on plenary orders. The

18remedies listed in this subsection shall be in addition to 
19other civil or
criminal remedies available to petitioner.

20  (1) Prohibition of abuse, neglect, or exploitation. 
21 Prohibit
respondent's harassment, interference with 
22 personal liberty, intimidation
of a dependent, physical 
23 abuse, or willful deprivation, neglect or
exploitation, as 
24 defined in this Act, or stalking of the petitioner, as 
25 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
26 such abuse, neglect,
exploitation, or stalking has 
 
 
HB3197- 426 -LRB103 26878 RLC 53242 b


1 occurred or otherwise appears likely to occur if
not 
2 prohibited.

3  (2) Grant of exclusive possession of residence. 
4 Prohibit respondent from
entering or remaining in any 
5 residence, household, or premises of the petitioner,

6 including one owned or leased by respondent, if petitioner 
7 has a right to
occupancy thereof. The grant of exclusive 
8 possession of the residence, household, or premises shall 
9 not
affect title to real property, nor shall the court be 
10 limited by the standard
set forth in subsection (c-2) of 
11 Section 501 of the Illinois Marriage and Dissolution of 
12 Marriage
Act.

13   (A) Right to occupancy. A party has a right to 
14 occupancy of a
residence or household if it is solely 
15 or jointly owned or leased by that
party, that party's 
16 spouse, a person with a legal duty to support that 
17 party or
a minor child in that party's care, or by any 
18 person or entity other than the
opposing party that 
19 authorizes that party's occupancy (e.g., a domestic

20 violence shelter). Standards set forth in subparagraph 
21 (B) shall not preclude
equitable relief.

22   (B) Presumption of hardships. If petitioner and 
23 respondent
each has the right to occupancy of a 
24 residence or household, the court
shall balance (i) 
25 the hardships to respondent and any minor child or

26 dependent adult in respondent's care resulting from 
 
 
HB3197- 427 -LRB103 26878 RLC 53242 b


1 entry of this remedy with
(ii) the hardships to 
2 petitioner and any minor child or dependent adult in

3 petitioner's care resulting from continued exposure to 
4 the risk of abuse
(should petitioner remain at the 
5 residence or household) or from loss of
possession of 
6 the residence or household (should petitioner leave to 
7 avoid the
risk of abuse). When determining the balance 
8 of hardships, the court shall
also take into account 
9 the accessibility of the residence or household.

10 Hardships need not be balanced if respondent does not 
11 have a right to
occupancy.

12   The balance of hardships is presumed to favor 
13 possession by
petitioner unless the presumption is 
14 rebutted by a preponderance of the
evidence, showing 
15 that the hardships to respondent substantially 
16 outweigh
the hardships to petitioner and any minor 
17 child or dependent adult in
petitioner's care. The 
18 court, on the request of petitioner or on its own

19 motion, may order respondent to provide suitable, 
20 accessible, alternate housing
for petitioner instead 
21 of excluding respondent from a mutual residence or

22 household.

23  (3) Stay away order and additional prohibitions.
Order 
24 respondent to stay away from petitioner or any other 
25 person
protected by the order of protection, or prohibit 
26 respondent from entering
or remaining present at 
 
 
HB3197- 428 -LRB103 26878 RLC 53242 b


1 petitioner's school, place of employment, or other

2 specified places at times when petitioner is present, or 
3 both, if
reasonable, given the balance of hardships. 
4 Hardships need not be balanced for
the court to enter a 
5 stay away order or prohibit entry if respondent has no

6 right to enter the premises.

7   (A) If an order of protection grants petitioner 
8 exclusive possession
of the residence, or prohibits 
9 respondent from entering the residence,
or orders 
10 respondent to stay away from petitioner or other

11 protected persons, then the court may allow respondent 
12 access to the
residence to remove items of clothing 
13 and personal adornment
used exclusively by respondent, 
14 medications, and other items as the court
directs. The 
15 right to access shall be exercised on only one 
16 occasion as the
court directs and in the presence of an 
17 agreed-upon adult third party or law
enforcement 
18 officer.

19   (B) When the petitioner and the respondent attend 
20 the same public, private, or non-public elementary, 
21 middle, or high school, the court when issuing an 
22 order of protection and providing relief shall 
23 consider the severity of the act, any continuing 
24 physical danger or emotional distress to the 
25 petitioner, the educational rights guaranteed to the 
26 petitioner and respondent under federal and State law, 
 
 
HB3197- 429 -LRB103 26878 RLC 53242 b


1 the availability of a transfer of the respondent to 
2 another school, a change of placement or a change of 
3 program of the respondent, the expense, difficulty, 
4 and educational disruption that would be caused by a 
5 transfer of the respondent to another school, and any 
6 other relevant facts of the case. The court may order 
7 that the respondent not attend the public, private, or 
8 non-public elementary, middle, or high school attended 
9 by the petitioner, order that the respondent accept a 
10 change of placement or change of program, as 
11 determined by the school district or private or 
12 non-public school, or place restrictions on the 
13 respondent's movements within the school attended by 
14 the petitioner.
The respondent bears the burden of 
15 proving by a preponderance of the evidence that a 
16 transfer, change of placement, or change of program of 
17 the respondent is not available. The respondent also 
18 bears the burden of production with respect to the 
19 expense, difficulty, and educational disruption that 
20 would be caused by a transfer of the respondent to 
21 another school. A transfer, change of placement, or 
22 change of program is not unavailable to the respondent 
23 solely on the ground that the respondent does not 
24 agree with the school district's or private or 
25 non-public school's transfer, change of placement, or 
26 change of program or solely on the ground that the 
 
 
HB3197- 430 -LRB103 26878 RLC 53242 b


1 respondent fails or refuses to consent or otherwise 
2 does not take an action required to effectuate a 
3 transfer, change of placement, or change of program.

4 When a court orders a respondent to stay away from the 
5 public, private, or non-public school attended by the 
6 petitioner and the respondent requests a transfer to 
7 another attendance center within the respondent's 
8 school district or private or non-public school, the 
9 school district or private or non-public school shall 
10 have sole discretion to determine the attendance 
11 center to which the respondent is transferred.
In the 
12 event the court order results in a transfer of the 
13 minor respondent to another attendance center, a 
14 change in the respondent's placement, or a change of 
15 the respondent's program, the parents, guardian, or 
16 legal custodian of the respondent is responsible for 
17 transportation and other costs associated with the 
18 transfer or change. 
19   (C) The court may order the parents, guardian, or 
20 legal custodian of a minor respondent to take certain 
21 actions or to refrain from taking certain actions to 
22 ensure that the respondent complies with the order. In 
23 the event the court orders a transfer of the 
24 respondent to another school, the parents, guardian, 
25 or legal custodian of the respondent is responsible 
26 for transportation and other costs associated with the 
 
 
HB3197- 431 -LRB103 26878 RLC 53242 b


1 change of school by the respondent. 
2  (4) Counseling. Require or recommend the respondent to 
3 undergo
counseling for a specified duration with a social 
4 worker, psychologist,
clinical psychologist, 
5 psychiatrist, family service agency, alcohol or
substance 
6 abuse program, mental health center guidance counselor, 
7 agency
providing services to elders, program designed for 
8 domestic violence
abusers or any other guidance service 
9 the court deems appropriate. The Court may order the 
10 respondent in any intimate partner relationship to report 
11 to an Illinois Department of Human Services protocol 
12 approved partner abuse intervention program for an 
13 assessment and to follow all recommended treatment. 

14  (5) Physical care and possession of the minor child. 
15 In order to protect
the minor child from abuse, neglect, 
16 or unwarranted separation from the person
who has been the 
17 minor child's primary caretaker, or to otherwise protect 
18 the
well-being of the minor child, the court may do either 
19 or both of the
following: (i) grant petitioner physical 
20 care or possession of the minor child,
or both, or (ii) 
21 order respondent to return a minor child to, or not remove 
22 a
minor child from, the physical care of a parent or person 
23 in loco parentis.

24  If a court finds, after a hearing, that respondent has 
25 committed abuse
(as defined in Section 103) of a minor 
26 child, there shall be a
rebuttable presumption that 
 
 
HB3197- 432 -LRB103 26878 RLC 53242 b


1 awarding physical care to respondent would not
be in the 
2 minor child's best interest.

3  (6) Temporary allocation of parental responsibilities: 
4 significant decision-making. Award temporary 
5 decision-making responsibility to petitioner
in accordance 
6 with this Section, the Illinois Marriage and Dissolution 
7 of
Marriage Act, the Illinois Parentage Act of 2015, and 
8 this State's Uniform
Child-Custody Jurisdiction and 
9 Enforcement Act. 

10  If a court finds, after a hearing, that respondent has 
11 committed abuse (as
defined in Section 103) of a minor 
12 child, there shall be a rebuttable
presumption that 
13 awarding temporary significant decision-making 
14 responsibility to respondent would not be in
the child's 
15 best interest.

16  (7) Parenting time. Determine the parenting time, if 
17 any, of respondent in
any case in which the court awards 
18 physical care or allocates temporary significant 
19 decision-making responsibility of
a minor child to 
20 petitioner. The court shall restrict or deny respondent's 
21 parenting time
with a minor child if the court finds that 
22 respondent has done or is
likely to do any of the 
23 following: (i) abuse or endanger the minor child during 
24 parenting time; (ii) use the parenting time as an 
25 opportunity to abuse or harass
petitioner or petitioner's 
26 family or household members; (iii) improperly
conceal or 
 
 
HB3197- 433 -LRB103 26878 RLC 53242 b


1 detain the minor child; or (iv) otherwise act in a manner 
2 that is
not in the best interests of the minor child. The 
3 court shall not be limited
by the standards set forth in 
4 Section 603.10 of the Illinois Marriage and
Dissolution of 
5 Marriage Act. If the court grants parenting time, the 
6 order shall
specify dates and times for the parenting time 
7 to take place or other specific
parameters or conditions 
8 that are appropriate. No order for parenting time shall

9 refer merely to the term "reasonable parenting time".

10  Petitioner may deny respondent access to the minor 
11 child if, when
respondent arrives for parenting time, 
12 respondent is under the influence of drugs
or alcohol and 
13 constitutes a threat to the safety and well-being of

14 petitioner or petitioner's minor children or is behaving 
15 in a violent or
abusive manner.

16  If necessary to protect any member of petitioner's 
17 family or
household from future abuse, respondent shall be 
18 prohibited from coming to
petitioner's residence to meet 
19 the minor child for parenting time, and the
parties shall 
20 submit to the court their recommendations for reasonable

21 alternative arrangements for parenting time. A person may 
22 be approved to
supervise parenting time only after filing 
23 an affidavit accepting
that responsibility and 
24 acknowledging accountability to the court.

25  (8) Removal or concealment of minor child. Prohibit 
26 respondent from
removing a minor child from the State or 
 
 
HB3197- 434 -LRB103 26878 RLC 53242 b


1 concealing the child within the State.


2  (9) Order to appear. Order the respondent to appear in 
3 court, alone
or with a minor child, to prevent abuse, 
4 neglect, removal or concealment of
the child, to return 
5 the child to the custody or care of the petitioner or
to 
6 permit any court-ordered interview or examination of the 
7 child or the
respondent.

8  (10) Possession of personal property. Grant petitioner 
9 exclusive
possession of personal property and, if 
10 respondent has possession or
control, direct respondent to 
11 promptly make it available to petitioner, if:

12   (i) petitioner, but not respondent, owns the 
13 property; or

14   (ii) the parties own the property jointly; sharing 
15 it would risk
abuse of petitioner by respondent or is 
16 impracticable; and the balance of
hardships favors 
17 temporary possession by petitioner.

18  If petitioner's sole claim to ownership of the 
19 property is that it is
marital property, the court may 
20 award petitioner temporary possession
thereof under the 
21 standards of subparagraph (ii) of this paragraph only if
a 
22 proper proceeding has been filed under the Illinois 
23 Marriage and
Dissolution of Marriage Act, as now or 
24 hereafter amended.

25  No order under this provision shall affect title to 
26 property.

 
 
HB3197- 435 -LRB103 26878 RLC 53242 b


1  (11) Protection of property. Forbid the respondent 
2 from taking,
transferring, encumbering, concealing, 
3 damaging or otherwise disposing of
any real or personal 
4 property, except as explicitly authorized by the
court, 
5 if:

6   (i) petitioner, but not respondent, owns the 
7 property; or

8   (ii) the parties own the property jointly,
and the 
9 balance of hardships favors granting this remedy.

10  If petitioner's sole claim to ownership of the 
11 property is that it is
marital property, the court may 
12 grant petitioner relief under subparagraph
(ii) of this 
13 paragraph only if a proper proceeding has been filed under 
14 the
Illinois Marriage and Dissolution of Marriage Act, as 
15 now or hereafter amended.

16  The court may further prohibit respondent from 
17 improperly using the
financial or other resources of an 
18 aged member of the family or household
for the profit or 
19 advantage of respondent or of any other person.

20  (11.5) Protection of animals. Grant the petitioner the 
21 exclusive care, custody, or control of any animal owned, 
22 possessed, leased, kept, or held by either the petitioner 
23 or the respondent or a minor child residing in the 
24 residence or household of either the petitioner or the 
25 respondent and order the respondent to stay away from the 
26 animal and forbid the respondent from taking, 
 
 
HB3197- 436 -LRB103 26878 RLC 53242 b


1 transferring, encumbering, concealing, harming, or 
2 otherwise disposing of the animal.

3  (12) Order for payment of support. Order respondent to 
4 pay temporary
support for the petitioner or any child in 
5 the petitioner's care or over whom the petitioner has been 
6 allocated parental responsibility, when the respondent has 
7 a legal obligation to support that person,
in accordance 
8 with the Illinois Marriage and Dissolution
of Marriage 
9 Act, which shall govern, among other matters, the amount 
10 of
support, payment through the clerk and withholding of 
11 income to secure
payment. An order for child support may 
12 be granted to a petitioner with
lawful physical care of a 
13 child, or an order or agreement for
physical care of a 
14 child, prior to entry of an order allocating significant 
15 decision-making responsibility.
Such a support order shall 
16 expire upon entry of a valid order allocating parental 
17 responsibility differently and vacating the petitioner's 
18 significant decision-making authority, unless otherwise 
19 provided in the order.

20  (13) Order for payment of losses. Order respondent to 
21 pay petitioner for
losses suffered as a direct result of 
22 the abuse, neglect, or exploitation.
Such losses shall 
23 include, but not be limited to, medical expenses, lost

24 earnings or other support, repair or replacement of 
25 property damaged or taken,
reasonable attorney's fees, 
26 court costs and moving or other travel expenses,
including 
 
 
HB3197- 437 -LRB103 26878 RLC 53242 b


1 additional reasonable expenses for temporary shelter and 
2 restaurant
meals.

3   (i) Losses affecting family needs. If a party is 
4 entitled to seek
maintenance, child support or 
5 property distribution from the other party
under the 
6 Illinois Marriage and Dissolution of Marriage Act, as 
7 now or
hereafter amended, the court may order 
8 respondent to reimburse petitioner's
actual losses, to 
9 the extent that such reimbursement would be 
10 "appropriate
temporary relief", as authorized by 
11 subsection (a)(3) of Section 501 of
that Act.

12   (ii) Recovery of expenses. In the case of an 
13 improper concealment
or removal of a minor child, the 
14 court may order respondent to pay the
reasonable 
15 expenses incurred or to be incurred in the search for 
16 and recovery
of the minor child, including but not 
17 limited to legal fees, court costs,
private 
18 investigator fees, and travel costs.

19  (14) Prohibition of entry. Prohibit the respondent 
20 from entering or
remaining in the residence or household 
21 while the respondent is under the
influence of alcohol or 
22 drugs and constitutes a threat to the safety and

23 well-being of the petitioner or the petitioner's children.

24  (14.5) Prohibition of firearm possession.

25   (a) Prohibit a respondent against whom an order of 
26 protection was issued from possessing any firearms 
 
 
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1 during the duration of the order if the order:
2    (1) was issued after a hearing of which such 
3 person received
actual notice, and at which such 
4 person had an opportunity to
participate;
5    (2) restrains such person from harassing, 
6 stalking, or
threatening an intimate partner of 
7 such person or child of such
intimate partner or 
8 person, or engaging in other conduct that
would 
9 place an intimate partner in reasonable fear of 
10 bodily
injury to the partner or child; and
11    (3)(i) includes a finding that such person 
12 represents a
credible threat to the physical 
13 safety of such intimate partner
or child; or
(ii) 
14 by its terms explicitly prohibits the use, 
15 attempted
use, or threatened use of physical force 
16 against such intimate
partner or child that would 
17 reasonably be expected to cause
bodily injury.
18  Any Firearm Owner's Identification Card in the

19 possession of the respondent, except as provided in 
20 subsection (b), shall be ordered by the court to be 
21 turned
over to the local law enforcement agency. The 
22 local law enforcement agency shall immediately mail 
23 the card to the Illinois State Police Firearm Owner's 
24 Identification Card Office
for safekeeping. The court 
25 shall
issue a warrant for seizure of any firearm in the 
26 possession of the respondent, to be kept by the local 
 
 
HB3197- 439 -LRB103 26878 RLC 53242 b


1 law enforcement agency for safekeeping, except as 
2 provided in subsection (b).
The period of safekeeping 
3 shall be for the duration of the order of protection. 
4 The firearm or firearms and Firearm Owner's 
5 Identification Card, if unexpired, shall at the 
6 respondent's request, be returned to the respondent at 
7 the end
of the order of protection. It is the 
8 respondent's responsibility to notify the Illinois 
9 State Police Firearm Owner's Identification Card 
10 Office. 

11   (b) If the respondent is a peace officer as 
12 defined in Section 2-13 of
the
Criminal Code of 2012, 
13 the court shall order that any firearms used by the

14 respondent in the performance of his or her duties as a

15 peace officer be surrendered to
the chief law 
16 enforcement executive of the agency in which the 
17 respondent is
employed, who shall retain the firearms 
18 for safekeeping for the duration of the order of 
19 protection.

20   (c) Upon expiration of the period of safekeeping, 
21 if the firearms or Firearm Owner's Identification Card 
22 cannot be returned to respondent because respondent 
23 cannot be located, fails to respond to requests to 
24 retrieve the firearms, or is not lawfully eligible to 
25 possess a firearm, upon petition from the local law 
26 enforcement agency, the court may order the local law 
 
 
HB3197- 440 -LRB103 26878 RLC 53242 b


1 enforcement agency to destroy the firearms, use the 
2 firearms for training purposes, or for any other 
3 application as deemed appropriate by the local law 
4 enforcement agency; or that the firearms be turned 
5 over to a third party who is lawfully eligible to 
6 possess firearms, and who does not reside with 
7 respondent. 
8  (15) Prohibition of access to records. If an order of 
9 protection
prohibits respondent from having contact with 
10 the minor child,
or if petitioner's address is omitted 
11 under subsection (b) of
Section 203, or if necessary to 
12 prevent abuse or wrongful removal or
concealment of a 
13 minor child, the order shall deny respondent access to, 
14 and
prohibit respondent from inspecting, obtaining, or 
15 attempting to
inspect or obtain, school or any other 
16 records of the minor child
who is in the care of 
17 petitioner.

18  (16) Order for payment of shelter services. Order 
19 respondent to
reimburse a shelter providing temporary 
20 housing and counseling services to
the petitioner for the 
21 cost of the services, as certified by the shelter
and 
22 deemed reasonable by the court.

23  (17) Order for injunctive relief. Enter injunctive 
24 relief necessary
or appropriate to prevent further abuse 
25 of a family or household member
or further abuse, neglect, 
26 or exploitation of a high-risk adult with
disabilities or 
 
 
HB3197- 441 -LRB103 26878 RLC 53242 b


1 to effectuate one of the granted remedies, if supported by 
2 the
balance of hardships. If the harm to be prevented by 
3 the injunction is abuse
or any other harm that one of the 
4 remedies listed in paragraphs (1) through
(16) of this 
5 subsection is designed to prevent, no further evidence is

6 necessary that the harm is an irreparable injury.

7  (18) Telephone services.
8   (A) Unless a condition described in subparagraph 
9 (B) of this paragraph exists, the court may, upon 
10 request by the petitioner, order a wireless telephone 
11 service provider to transfer to the petitioner the 
12 right to continue to use a telephone number or numbers 
13 indicated by the petitioner and the financial 
14 responsibility associated with the number or numbers, 
15 as set forth in subparagraph (C) of this paragraph. 
16 For purposes of this paragraph (18), the term 
17 "wireless telephone service provider" means a provider 
18 of commercial mobile service as defined in 47 U.S.C. 
19 332. The petitioner may request the transfer of each 
20 telephone number that the petitioner, or a minor child 
21 in his or her custody, uses. The clerk of the court 
22 shall serve the order on the wireless telephone 
23 service provider's agent for service of process 
24 provided to the Illinois Commerce Commission. The 
25 order shall contain all of the following:
26    (i) The name and billing telephone number of 
 
 
HB3197- 442 -LRB103 26878 RLC 53242 b


1 the account holder including the name of the 
2 wireless telephone service provider that serves 
3 the account.
4    (ii) Each telephone number that will be 
5 transferred.
6    (iii) A statement that the provider transfers 
7 to the petitioner all financial responsibility for 
8 and right to the use of any telephone number 
9 transferred under this paragraph.
10   (B) A wireless telephone service provider shall 
11 terminate the respondent's use of, and shall transfer 
12 to the petitioner use of, the telephone number or 
13 numbers indicated in subparagraph (A) of this 
14 paragraph unless it notifies the petitioner, within 72 
15 hours after it receives the order, that one of the 
16 following applies:
17    (i) The account holder named in the order has 
18 terminated the account.
19    (ii) A difference in network technology would 
20 prevent or impair the functionality of a device on 
21 a network if the transfer occurs.
22    (iii) The transfer would cause a geographic or 
23 other limitation on network or service provision 
24 to the petitioner.
25    (iv) Another technological or operational 
26 issue would prevent or impair the use of the 
 
 
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1 telephone number if the transfer occurs.
2   (C) The petitioner assumes all financial 
3 responsibility for and right to the use of any 
4 telephone number transferred under this paragraph. In 
5 this paragraph, "financial responsibility" includes 
6 monthly service costs and costs associated with any 
7 mobile device associated with the number.
8   (D) A wireless telephone service provider may 
9 apply to the petitioner its routine and customary 
10 requirements for establishing an account or 
11 transferring a number, including requiring the 
12 petitioner to provide proof of identification, 
13 financial information, and customer preferences.

14   (E) Except for willful or wanton misconduct, a 
15 wireless telephone service provider is immune from 
16 civil liability for its actions taken in compliance 
17 with a court order issued under this paragraph.
18   (F) All wireless service providers that provide 
19 services to residential customers shall provide to the 
20 Illinois Commerce Commission the name and address of 
21 an agent for service of orders entered under this 
22 paragraph (18). Any change in status of the registered 
23 agent must be reported to the Illinois Commerce 
24 Commission within 30 days of such change. 
25   (G) The Illinois Commerce Commission shall 
26 maintain the list of registered agents for service for 
 
 
HB3197- 444 -LRB103 26878 RLC 53242 b


1 each wireless telephone service provider on the 
2 Commission's website. The Commission may consult with 
3 wireless telephone service providers and the Circuit 
4 Court Clerks on the manner in which this information 
5 is provided and displayed. 
6 (c) Relevant factors; findings.

7  (1) In determining whether to grant a specific remedy, 
8 other than
payment of support, the court shall consider

9 relevant factors, including but not limited to the 
10 following:

11   (i) the nature, frequency, severity, pattern and 
12 consequences of the
respondent's past abuse, neglect 
13 or exploitation of the petitioner or
any family or 
14 household member, including the concealment of his or 
15 her
location in order to evade service of process or 
16 notice, and the likelihood of
danger of future abuse, 
17 neglect, or exploitation to petitioner or any member 
18 of
petitioner's or respondent's family or household; 
19 and

20   (ii) the danger that any minor child will be 
21 abused or neglected or
improperly relocated from the 
22 jurisdiction, improperly concealed within the
State or 
23 improperly separated from the child's primary 
24 caretaker.

25  (2) In comparing relative hardships resulting to the 
26 parties from loss
of possession of the family home, the 
 
 
HB3197- 445 -LRB103 26878 RLC 53242 b


1 court shall consider relevant
factors, including but not 
2 limited to the following:

3   (i) availability, accessibility, cost, safety, 
4 adequacy, location and
other characteristics of 
5 alternate housing for each party and any minor child

6 or dependent adult in the party's care;

7   (ii) the effect on the party's employment; and

8   (iii) the effect on the relationship of the party, 
9 and any minor
child or dependent adult in the party's 
10 care, to family, school, church
and community.

11  (3) Subject to the exceptions set forth in paragraph 
12 (4) of this
subsection, the court shall make its findings 
13 in an official record or in
writing, and shall at a minimum 
14 set forth the following:

15   (i) That the court has considered the applicable 
16 relevant factors
described in paragraphs (1) and (2) 
17 of this subsection.

18   (ii) Whether the conduct or actions of respondent, 
19 unless
prohibited, will likely cause irreparable harm 
20 or continued abuse.

21   (iii) Whether it is necessary to grant the 
22 requested relief in order
to protect petitioner or 
23 other alleged abused persons.

24  (4) For purposes of issuing an ex parte emergency 
25 order of protection,
the court, as an alternative to or as 
26 a supplement to making the findings
described in 
 
 
HB3197- 446 -LRB103 26878 RLC 53242 b


1 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
2 subsection, may
use the following procedure:

3  When a verified petition for an emergency order of 
4 protection in
accordance with the requirements of Sections 
5 203 and 217 is
presented to the court, the court shall 
6 examine petitioner on oath or
affirmation. An emergency 
7 order of protection shall be issued by the court
if it 
8 appears from the contents of the petition and the 
9 examination of
petitioner that the averments are 
10 sufficient to indicate abuse by
respondent and to support 
11 the granting of relief under the issuance of the
emergency 
12 order of protection.

13  (5) Never married parties. No rights or 
14 responsibilities for a minor
child born outside of 
15 marriage attach to a putative father until a father and

16 child relationship has been established under the Illinois 
17 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
18 the Illinois Public Aid Code, Section 12 of the Vital 
19 Records Act, the
Juvenile Court Act of 1987, the Probate 
20 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
21 Support Act, the Uniform Interstate Family Support
Act, 
22 the Expedited Child Support Act of 1990, any judicial, 
23 administrative, or
other act of another state or 
24 territory, any other Illinois statute, or by any
foreign 
25 nation establishing the father and child relationship, any 
26 other
proceeding substantially in conformity with the 
 
 
HB3197- 447 -LRB103 26878 RLC 53242 b


1 Personal Responsibility and
Work Opportunity 
2 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
3 both
parties appeared in open court or at an 
4 administrative hearing acknowledging
under
oath or 
5 admitting by affirmation the existence of a father and 
6 child
relationship.
Absent such an adjudication, finding, 
7 or acknowledgment, no putative
father shall be granted

8 temporary allocation of parental responsibilities, 
9 including parenting time with the minor child, or
physical 
10 care and possession of the minor child, nor shall an order 
11 of payment
for support of the minor child be entered.

12 (d) Balance of hardships; findings. If the court finds 
13that the balance
of hardships does not support the granting of 
14a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
15subsection (b) of this Section,
which may require such 
16balancing, the court's findings shall so
indicate and shall 
17include a finding as to whether granting the remedy will

18result in hardship to respondent that would substantially 
19outweigh the hardship
to petitioner from denial of the remedy. 
20The findings shall be an official
record or in writing.

21 (e) Denial of remedies. Denial of any remedy shall not be 
22based, in
whole or in part, on evidence that:

23  (1) Respondent has cause for any use of force, unless 
24 that cause
satisfies the standards for justifiable use of 
25 force provided by Article
7 of the Criminal Code of 2012;

26  (2) Respondent was voluntarily intoxicated;

 
 
HB3197- 448 -LRB103 26878 RLC 53242 b


1  (3) Petitioner acted in self-defense or defense of 
2 another, provided
that, if petitioner utilized force, such 
3 force was justifiable under
Article 7 of the Criminal Code 
4 of 2012; 

5  (4) Petitioner did not act in self-defense or defense 
6 of another;

7  (5) Petitioner left the residence or household to 
8 avoid further abuse,
neglect, or exploitation by 
9 respondent;

10  (6) Petitioner did not leave the residence or 
11 household to avoid further
abuse, neglect, or exploitation 
12 by respondent;

13  (7) Conduct by any family or household member excused 
14 the abuse,
neglect, or exploitation by respondent, unless 
15 that same conduct would have
excused such abuse, neglect, 
16 or exploitation if the parties had not been
family or 
17 household members.

18(Source: P.A. 102-538, eff. 8-20-21.)


19 Section 110. The Uniform Disposition of Unclaimed Property 
20Act is amended by changing Section 1 as follows:




21 (765 ILCS 1025/1) (from Ch. 141, par. 101)



22 Sec. 1. As used in this Act, unless the context otherwise 
23requires: 

24 (a) "Banking organization" means any bank, trust company, 
 
 
HB3197- 449 -LRB103 26878 RLC 53242 b


1savings bank,
industrial bank, land bank, safe deposit 
2company, or a private banker.

3 (b) "Business association" means any corporation, joint 
4stock company,
business trust, partnership, or any

5association, limited liability company, or other business 
6entity consisting
of one or more persons, whether or not for 
7profit.

8 (c) "Financial organization" means any savings and loan 
9association,
building and loan association, credit union, 
10currency exchange,
co-operative bank, mutual funds, or 
11investment company.

12 (d) "Holder" means any person in possession of property 
13subject to this
Act belonging to another, or who is trustee in 
14case of a trust, or is
indebted to another on an obligation 
15subject to this Act.

16 (e) "Life insurance corporation" means any association or 
17corporation
transacting the business of insurance on the lives 
18of
persons or insurance appertaining thereto, including, but 
19not by way of
limitation, endowments and annuities.

20 (f) "Owner" means a depositor in case of a deposit, a 
21beneficiary in
case of a trust, a creditor, claimant, or payee 
22in case of other property, or any person having a legal or 
23equitable interest in property
subject to this Act, or his 
24legal representative.

25 (g) "Person" means any individual, business association, 
26financial
organization, government or
political subdivision or 
 
 
HB3197- 450 -LRB103 26878 RLC 53242 b


1agency, public authority,
estate, trust, or any other legal or

2commercial entity.

3 (h) "Utility" means any person who owns or operates,
for 
4public use, any plant, equipment, property, franchise, or 
5license for
the transmission of communications or the 
6production, storage,
transmission, sale, delivery, or 
7furnishing of electricity, water,
steam, oil or gas.

8 (i) (Blank).

9 (j) "Insurance company" means any person transacting the 
10kinds of
business enumerated in Section 4 of the Illinois 
11Insurance Code other than
life insurance.

12 (k) "Economic loss", as used in Sections 2a and 9 of this 
13Act includes,
but is not limited to,
delivery charges, 
14mark-downs and write-offs, carrying
costs, restocking charges, 
15lay-aways, special orders, issuance of credit memos,
and the 
16costs of special services or goods
provided that reduce the 
17property value or that result in lost sales
opportunity.

18 (l) "Reportable property" means property, tangible or 
19intangible, presumed
abandoned under this Act that must be 
20appropriately and timely reported and
remitted to the Office 
21of the State Treasurer under this
Act. Interest, dividends, 
22stock splits,
warrants, or other rights that become reportable 
23property under this Act
include the underlying security or 
24commodity giving rise to the interest,
dividend, split, 
25warrant, or other right to which the owner would be entitled.

26 (m) "Firearm" has the meaning ascribed to that term in 
 
 
HB3197- 451 -LRB103 26878 RLC 53242 b


1Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

2Identification Card Act.

3(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 
491-748, eff. 6-2-00.)



5 Section 115. The Revised Uniform Unclaimed Property Act is 
6amended by changing Section 15-705 as follows:

7 (765 ILCS 1026/15-705)

8 Sec. 15-705. Exceptions to the sale of tangible property. 
9The administrator shall dispose of tangible property 
10identified by this Section in accordance with this Section.
11 (a) Military medals or decorations. The administrator may 
12not sell a medal or decoration awarded for military service in 
13the armed forces of the United States. Instead, the 
14administrator, with the consent of the respective organization 
15under paragraph (1), agency under paragraph (2), or entity 
16under paragraph (3), may deliver a medal or decoration to be 
17held in custody for the owner, to:
18  (1) a military veterans organization qualified under 
19 Section 501(c)(19) of the Internal Revenue Code;
20  (2) the agency that awarded the medal or decoration; 
21 or
22  (3) a governmental entity.
23 After delivery, the administrator is not responsible for 
24the safekeeping of the medal or decoration.
 
 
HB3197- 452 -LRB103 26878 RLC 53242 b


1 (b) Property with historical value. Property that the 
2administrator reasonably believes may have historical value 
3may be, at his or her discretion, loaned to an accredited 
4museum in the United States where it will be kept until such 
5time as the administrator orders it to be returned to his or 
6her custody.
7 (c) Human remains. If human remains are delivered to the 
8administrator under this Act, the administrator shall deliver 
9those human remains to the coroner of the county in which the 
10human remains were abandoned for disposition under Section 
113-3034 of the Counties Code. The only human remains that may be 
12delivered to the administrator under this Act and that the 
13administrator may receive are those that are reported and 
14delivered as contents of a safe deposit box.
15 (d) Evidence in a criminal investigation. Property that 
16may have been used in the commission of a crime or that may 
17assist in the investigation of a crime, as determined after 
18consulting with the Illinois State Police, shall be delivered 
19to the Illinois State Police or other appropriate law 
20enforcement authority to allow law enforcement to determine 
21whether a criminal investigation should take place. Any such 
22property delivered to a law enforcement authority shall be 
23held in accordance with existing statutes and rules related to 
24the gathering, retention, and release of evidence.
25 (e) Firearms.
26  (1) The administrator, in cooperation with the 
 
 
HB3197- 453 -LRB103 26878 RLC 53242 b


1 Illinois State Police, shall develop a procedure to 
2 determine whether a firearm delivered to the administrator 
3 under this Act has been stolen or used in the commission of 
4 a crime. The Illinois State Police shall determine the 
5 appropriate disposition of a firearm that has been stolen 
6 or used in the commission of a crime. The administrator 
7 shall attempt to return a firearm that has not been stolen 
8 or used in the commission of a crime to the rightful owner 
9 if the Illinois State Police determines that the owner may 
10 lawfully possess the firearm.
11  (2) If the administrator is unable to return a firearm 
12 to its owner, the administrator shall transfer custody of 
13 the firearm to the Illinois State Police. Legal title to a 
14 firearm transferred to the Illinois State Police under 
15 this subsection (e) is vested in the Illinois State Police 
16 by operation of law if:
17   (i) the administrator cannot locate the owner of 
18 the firearm;
19   (ii) the owner of the firearm may not lawfully 
20 possess the firearm;
21   (iii) the apparent owner does not respond to 
22 notice published under Section 15-503 of this Act; or
23   (iv) the apparent owner responds to notice 
24 published under Section 15-502 and states that he or 
25 she no longer claims an interest in the firearm.
26  (3) With respect to a firearm whose title is 
 
 
HB3197- 454 -LRB103 26878 RLC 53242 b


1 transferred to the Illinois State Police under this 
2 subsection (e), the Illinois State Police may:
3   (i) retain the firearm for use by the crime 
4 laboratory system, for training purposes, or for any 
5 other application as deemed appropriate by the 
6 Department;
7   (ii) transfer the firearm to the Illinois State 
8 Museum if the firearm has historical value; or
9   (iii) destroy the firearm if it is not retained 
10 pursuant to subparagraph (i) or transferred pursuant 
11 to subparagraph (ii).
12 As used in this subsection, "firearm" has the meaning 
13provided in Section 2-7.5 of the Criminal Code of 2012 the 
14Firearm Owners Identification Card Act.

15(Source: P.A. 102-538, eff. 8-20-21.)

16 Section 195. No acceleration or delay. Where this Act 
17makes changes in a statute that is represented in this Act by 
18text that is not yet or no longer in effect (for example, a 
19Section represented by multiple versions), the use of that 
20text does not accelerate or delay the taking effect of (i) the 
21changes made by this Act or (ii) provisions derived from any 
22other Public Act.

23 Section 999. Effective date. This Act takes effect upon 
24becoming law.

                          
 
 
HB3197- 455 -LRB103 26878 RLC 53242 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 5 ILCS 840/40
8 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
9 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
10 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-595
12 20 ILCS 2605/2605-120 rep.
13 20 ILCS 2605/2605-304 rep.
14 20 ILCS 2630/2.2
15 20 ILCS 3930/7.9
16 30 ILCS 105/6z-99
17 30 ILCS 105/6z-127
18 30 ILCS 500/1-10
19 30 ILCS 715/3from Ch. 56 1/2, par. 1703
20 50 ILCS 710/1from Ch. 85, par. 515
21 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
22 105 ILCS 5/10-27.1A
23 105 ILCS 5/34-8.05
24 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
25 225 ILCS 447/35-30
                    
 
 
HB3197- 456 -LRB103 26878 RLC 53242 b


1 225 ILCS 447/35-35
2 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
3 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
4 405 ILCS 5/6-103.1
5 405 ILCS 5/6-103.2
6 405 ILCS 5/6-103.3
7 410 ILCS 45/2from Ch. 111 1/2, par. 1302
8 430 ILCS 65/Act rep.
9 430 ILCS 66/25
10 430 ILCS 66/30
11 430 ILCS 66/40
12 430 ILCS 66/66
13 430 ILCS 66/70
14 430 ILCS 66/80
15 430 ILCS 66/105
16 430 ILCS 67/35
17 430 ILCS 67/40
18 430 ILCS 68/5-20
19 430 ILCS 68/5-25
20 430 ILCS 68/5-40
21 430 ILCS 68/5-85
22 520 ILCS 5/3.2from Ch. 61, par. 3.2
23 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
24 720 ILCS 5/2-7.1
25 720 ILCS 5/2-7.5
26 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
                       
 
 
HB3197- 457 -LRB103 26878 RLC 53242 b


1 720 ILCS 5/16-0.1
2 720 ILCS 5/17-30was 720 ILCS 5/16C-2
3 720 ILCS 5/24-1from Ch. 38, par. 24-1
4 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
5 720 ILCS 5/24-1.6
6 720 ILCS 5/24-1.8
7 720 ILCS 5/24-1.9
8 720 ILCS 5/24-1.10
9 720 ILCS 5/24-2
10 720 ILCS 5/24-3from Ch. 38, par. 24-3
11 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
12 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
13 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
14 720 ILCS 5/24-3.5
15 720 ILCS 5/24-3B
16 720 ILCS 5/24-4.1
17 720 ILCS 5/24-4.5 new
18 720 ILCS 5/24-5.1
19 720 ILCS 5/24-9
20 720 ILCS 646/10
21 725 ILCS 5/102-7.1
22 725 ILCS 5/110-10from Ch. 38, par. 110-10
23 725 ILCS 5/112A-11.1
24 725 ILCS 5/112A-11.2
25 725 ILCS 5/112A-14from Ch. 38, par. 112A-14
26 725 ILCS 5/112A-14.7
 
 
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