103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3238
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/Art. 33H heading new
720 ILCS 5/33H-5 new

 Amends the Criminal Code of 2012. Provides that, with certain exceptions, it is unlawful for any person within the State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an armor plate, body armor, or military helmet. Provides that, with certain exceptions, beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an armor plate, body armor, or military helmet. Provides that this provision does not apply to a person's possession of an armor plate, body armor, or military helmet if the person lawfully possessed that armor plate, body armor, or military helmet prohibited by this provision, if the person has provided in an endorsement affidavit, within 6 months after the effective date of the amendatory Act, under oath or affirmation and in the form and manner prescribed by the Illinois State Police: (1) an affirmation that the affiant: (i) possessed an
armor plate, body armor, or military helmet before the effective date of the amendatory Act; or (ii) inherited the armor plate, body armor, or military helmet from a person with an endorsement or from a person authorized to possess the armor plate, body armor, or military helmet possessed by the affiant prior to the effective date of the amendatory Act. Provides exemptions. Provides that a violation of these provisions is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.



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A BILL FOR
 


HB3238LRB103 25612 RLC 51961 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by adding 
5Article 33H as follows:

6 (720 ILCS 5/Art. 33H heading new)
7
ARTICLE 33H. 

8 (720 ILCS 5/33H-5 new)
9 Sec. 33H-5. Armor plates, body armor, and military helmets 
10prohibited; exceptions.
11 (a) In this Section: 
12 "Armor plate" means a protective armored plate inserted 
13into a carrier or bulletproof vest, that can be used 
14stand-alone, or in conjunction with other armor. 
15 "Body armor" has the meaning ascribed to it in Section 
1633F-1.
17 "Military helmet" means a piece of personal armor designed 
18specifically to protect the head during combat. 
19 (b) Except as provided in subsections (c), (d), and (e), 
20on or after the effective date of this amendatory Act of the 
21103rd General Assembly, it is unlawful for any person within 
22this State to knowingly manufacture, deliver, sell, import, or 
 
 
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1purchase or cause to be manufactured, delivered, sold, 
2imported, or purchased by another, an armor plate, body armor, 
3or military helmet.
4 (c) Except as otherwise provided in subsection (d), 
5beginning January 1, 2024, it is unlawful for any person 
6within this State to knowingly possess an armor plate, body 
7armor, or military helmet.
8 (d) This Section does not apply to a person's possession 
9of an armor plate, body armor, or military helmet if the person 
10lawfully possessed that armor plate, body armor, or military 
11helmet prohibited by subsection (c), if the person has 
12provided in an endorsement affidavit, within 6 months after 
13the effective date of this amendatory Act of the 103rd General 
14Assembly, under oath or affirmation and in the form and manner 
15prescribed by the Illinois State Police:
16  (1) an affirmation that the affiant:
17   (A) possessed an
armor plate, body armor, or 
18 military helmet before the effective date of this 
19 amendatory Act of the 103rd General Assembly; or
20   (B) inherited the armor plate, body armor, or 
21 military helmet from a person with an endorsement 
22 under this Section or from a person authorized under 
23 subdivisions (1) through (5) of subsection (e) to 
24 possess the armor plate, body armor, or military 
25 helmet possessed by the affiant prior to the effective 
26 date of this amendatory Act of the 103rd General 
 
 
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1 Assembly.
2  (2) The affidavit form shall include the following 
3 statement printed in bold type: "Warning: Entering false 
4 information on this form is punishable as perjury under 
5 Section 32-2 of the Criminal Code of 2012." In any 
6 administrative, civil, or criminal proceeding in this 
7 State, a completed endorsement affidavit submitted to the 
8 Illinois State Police by a person under this Section 
9 creates a rebuttable presumption that the person is 
10 entitled to possess and transport the armor plate, body 
11 armor, or military helmet.
Beginning 90 days after the 
12 effective date of this amendatory Act of the 103rd General 
13 Assembly, a person authorized under this Section to 
14 possess an armor plate, body armor, or military helmet 
15 shall possess such items only:
16   (A) on private property owned or immediately

17 controlled by the person; or
18   (B) on private property that is not open to the

19 public with the express permission of the person who 
20 owns or immediately controls such property.
21 Beginning on January 1, 2024, the person with the 
22endorsement for an armor plate, body armor, or military helmet 
23may transfer the armor plate, body armor, or military helmet 
24only to an heir or an individual residing in another state 
25maintaining it in another state. Within 10 days after transfer 
26of the armor plate, body armor, or military helmet except to an 
 
 
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1heir, the person shall notify the Illinois State Police of the 
2name and address of the transferee. The person to whom the 
3armor plate, body armor, or military helmet is transferred 
4shall, within 60 days of the transfer, complete an affidavit 
5required under this Section. Except as provided in subsection 
6(e), a person to whom the armor plate, body armor, or military 
7helmet is transferred may transfer it only as provided in this 
8subsection.
9  Notwithstanding any other law, information contained 
10 in the endorsement affidavit shall be confidential, is 
11 exempt from disclosure under the Freedom of Information 
12 Act, and shall not be disclosed, except to law enforcement 
13 agencies acting in the performance of their duties.
14 (e) The provisions of this Section regarding the purchase 
15or possession of armor plate, body armor, or military helmet, 
16and the provisions of this Section that prohibit causing those 
17items to be purchased or possessed, do not apply to:
18  (1) Peace officers, as defined in Section 2-13 of
this 
19 Code.
20  (2) Qualified law enforcement officers and qualified

21 retired law enforcement officers as defined in the Law 
22 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
23 and 926C) and as recognized under Illinois law.
24  (3) Acquisition and possession by a federal, State,
or 
25 local law enforcement agency for the purpose of equipping 
26 the agency's peace officers as defined in paragraph (1) or 
 
 
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1 (2) of this subsection (e).
2  (4) Wardens, superintendents, and keepers of prisons,

3 penitentiaries, jails, and other institutions for the 
4 detention of persons accused or convicted of an offense.
5  (5) Members of the Armed Services or Reserve Forces
of 
6 the United States or the Illinois National Guard, while 
7 performing their official duties or while traveling to or 
8 from their places of duty.
9  (6) Any company that employs armed security officers

10 in this State at a nuclear energy, storage, weapons, or 
11 development site or facility regulated by the federal 
12 Nuclear Regulatory Commission and any person employed as 
13 an armed security force member at a nuclear energy, 
14 storage, weapons, or development site or facility 
15 regulated by the federal Nuclear Regulatory Commission who 
16 has completed the background screening and training 
17 mandated by the rules and regulations of the federal 
18 Nuclear Regulatory Commission and while performing 
19 official duties.
20  (7) Any private security contractor agency licensed

21 under the Private Detective, Private Alarm, Private 
22 Security, Fingerprint Vendor, and Locksmith Act of 2004 
23 that employs private security contractors and any private 
24 security contractor who is licensed and has been issued a 
25 firearm control card under the Private Detective, Private 
26 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
 
 
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1 Act of 2004 while performing official duties.
The 
2 provisions of this Section do not apply to the 
3 manufacture, delivery, sale, import, purchase, or 
4 possession of an armor plate, body armor, or military 
5 helmet or causing the manufacture, delivery, sale, 
6 importation, purchase, or possession of those items:
7   (A) for sale or transfer to persons authorized 
8 under
subdivisions (1) through (7) of this subsection 
9 (e) to possess those items;
10   (B) for sale or transfer to the United States or 
11 any
department or agency thereof; or
12   (C) for sale or transfer in another state or for

13 export.
14 (f) This Section does not apply to or affect any of the 
15following:
16  (1) Any nonresident who transports, within 24
hours, 
17 an armor plate, body armor, or military helmet for any 
18 lawful purpose from any place where the nonresident may 
19 lawfully possess and carry that armor plate, body armor, 
20 or military helmet to any other place where the 
21 nonresident may lawfully possess and carry that armor 
22 plate, body armor, or military helmet if, during the 
23 transportation, the armor plate, body armor, or military 
24 helmet being transported is not readily accessible.
25  (2) The manufacture, transportation, possession,
sale, 
26 or rental of armor plates, body armor, or military helmets 
 
 
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1 to persons authorized or permitted, or both authorized and 
2 permitted, to acquire and possess these armor plates, body 
3 armor, or military helmets for the purpose of rental for 
4 use solely as props for a motion picture, television, or 
5 video production or entertainment event.
Any person not 
6 subject to this Section may submit an endorsement 
7 affidavit if the person chooses.
8 (g) 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 103rd General Assembly and to increase compliance with 
12this Section. 
13 (h) Sentence. A violation of this Section is a Class A 
14misdemeanor for a first offense and a Class 4 felony for a 
15second or subsequent offense.