103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2136
 
Introduced 2/10/2023, by Sen. Andrew S. Chesney
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2024.



LRB103 27172 RLC 53542 b


 
 
A BILL FOR
 


SB2136LRB103 27172 RLC 53542 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 Department of State 
22 Police in an affidavit or application for an assault 
23 weapon endorsement, assault weapon attachment endorsement, 
24 .50 caliber rifle endorsement, or .50 caliber cartridge 
25 endorsement under the Firearm Owners Identification Card 
26 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.)

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

12 (5 ILCS 805/15)

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

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

8 (e) A law enforcement agency or law enforcement official 
9may not inquire about or investigate the citizenship or 
10immigration status or place of birth of any individual in the 
11agency or official's custody or who has otherwise been stopped 
12or detained by the agency or official. Nothing in this 
13subsection shall be construed to limit the ability of a law 
14enforcement agency or law enforcement official, pursuant to 
15State or federal law, to notify a person in the law enforcement 
16agency's custody about that person's right to communicate with 
17consular officers from that person's country of nationality, 
18or facilitate such communication, in accordance with the 
19Vienna Convention on Consular Relations or other bilateral 
20agreements. Nothing in this subsection shall be construed to 
21limit the ability of a law enforcement agency or law 
22enforcement official to request evidence of citizenship or 
23immigration status pursuant to the Firearm Owners 
24Identification Card Act, the Firearm Concealed Carry Act, 
25Article 24 of the Criminal Code of 2012, or 18 United States 
26Code Sections 921 through 931.
 
 
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1 (f) Unless otherwise limited by federal law, a law 
2enforcement agency or law enforcement official may not deny 
3services, benefits, privileges, or opportunities to an 
4individual in custody or under probation status, including, 
5but not limited to, eligibility for or placement in a lower 
6custody classification, educational, rehabilitative, or 
7diversionary programs, on the basis of the individual's 
8citizenship or immigration status, the issuance of an 
9immigration detainer or civil immigration warrant against the 
10individual, or the individual being in immigration removal 
11proceedings.
12 (g)(1) No law enforcement agency, law enforcement 
13official, or any unit of State or local government may enter 
14into or renew any contract, intergovernmental service 
15agreement, or any other agreement to house or detain 
16individuals for federal civil immigration violations.
17 (2) Any law enforcement agency, law enforcement official, 
18or unit of State or local government with an existing 
19contract, intergovernmental agreement, or other agreement, 
20whether in whole or in part, that is utilized to house or 
21detain individuals for civil immigration violations shall 
22exercise the termination provision in the agreement as applied 
23to housing or detaining individuals for civil immigration 
24violations no later than January 1, 2022.
25 (h) Unless presented with a federal criminal warrant, or 
26otherwise required by federal law, a law enforcement agency or 
 
 
SB2136- 22 -LRB103 27172 RLC 53542 b


1official may not:
2  (1) participate, support, or assist in any capacity 
3 with an immigration agent's enforcement
operations, 
4 including any collateral assistance such as coordinating 
5 an arrest in a courthouse or other public facility, 
6 providing use of any equipment, transporting any 
7 individuals, or establishing a security or traffic 
8 perimeter surrounding such operations, or any other 
9 on-site support;
10  (2) give any immigration agent access, including by 
11 telephone, to any individual who is in that agency's 
12 custody;
13  (3) transfer any person into an immigration agent's 
14 custody;
15  (4) permit immigration agents use of agency facilities 
16 or equipment, including any agency electronic databases 
17 not available to the public, for investigative interviews 
18 or other investigative or immigration enforcement purpose;
19  (5) enter into or maintain any agreement regarding 
20 direct access to any electronic database or other 
21 data-sharing platform maintained by any law enforcement 
22 agency, or otherwise provide such direct access to the 
23 U.S. Immigration and Customs Enforcement, United States 
24 Customs and Border Protection or any other federal entity 
25 enforcing civil immigration violations;
26  (6) provide information in response to any immigration 
 
 
SB2136- 23 -LRB103 27172 RLC 53542 b


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

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

18 (5 ILCS 830/10-5)

19 Sec. 10-5. Gun trafficking information.

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

22basis, key information related to firearms used in the

23commission of crimes in this State, including, but not limited

24to: reports on crimes committed with firearms, locations where

 
 
SB2136- 24 -LRB103 27172 RLC 53542 b


1the crimes occurred, the number of persons killed or injured 
2in
the commission of the crimes, the state where the firearms 
3used
originated, the Federal Firearms Licensee that sold the 
4firearm, the type of firearms used, annual statistical 
5information concerning Firearm Owner's Identification Card and 
6concealed carry license applications, revocations, and 
7compliance with Section 9.5 of the Firearm Owners 
8Identification Card Act, firearm restraining order 
9dispositions, and firearm dealer license certification 
10inspections. The Illinois State Police
shall make the 
11information available on its
website, which may be presented 
12in a dashboard format, in addition to electronically filing a 
13report with the
Governor and the General Assembly. The report 
14to the General
Assembly shall be filed with the Clerk of the 
15House of
Representatives and the Secretary of the Senate in 
16electronic
form only, in the manner that the Clerk and the 
17Secretary shall
direct.

18 (b) (Blank). The Illinois State Police shall study, on a 
19regular and ongoing basis, and compile reports on the number 
20of Firearm Owner's Identification Card checks to determine 
21firearms trafficking or straw purchase patterns. The Illinois 
22State Police shall, to the extent not inconsistent with law, 
23share such reports and underlying data with academic centers, 
24foundations, and law enforcement agencies studying firearms 
25trafficking, provided that personally identifying information 
26is protected. For purposes of this subsection (b), a Firearm 
 
 
SB2136- 25 -LRB103 27172 RLC 53542 b


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

9State shall, to the extent not inconsistent with law, 
10cooperate
fully with the Illinois State Police and furnish the

11Illinois State Police with all relevant information and 
12assistance on a
timely basis as is necessary to accomplish the 
13purpose of this
Act. The Illinois Criminal Justice Information 
14Authority shall submit the information required in subsection 
15(a) of this Section to the Illinois State Police, and any other 
16information as the Illinois State Police may request, to 
17assist the Illinois State Police in carrying out its duties 
18under this Act.

19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
20102-813, eff. 5-13-22.)

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

23 (5 ILCS 840/40)
24 Sec. 40. Task Force recommendations.
 
 
SB2136- 26 -LRB103 27172 RLC 53542 b


1 (a) Task Force members shall recommend that agencies and 
2organizations guarantee access to mental health and wellness 
3services, including, but not limited to, peer support programs 
4and providing ongoing education related to the ever-evolving 
5concept of mental health wellness. These recommendations could 
6be accomplished by:
7  (1) Revising agencies' and organizations' employee 
8 assistance programs (EAPs).
9  (2) Urging health care providers to replace outdated 
10 healthcare plans and include more progressive options 
11 catering to the needs and disproportionate risks 
12 shouldered by our first responders.
13  (3) Allocating funding or resources for public service 
14 announcements (PSA) and messaging campaigns aimed at 
15 raising awareness of available assistance options.
16  (4) Encouraging agencies and organizations to attach 
17 lists of all available resources to training manuals and 
18 continuing education requirements. 
19 (b) Task Force members shall recommend agencies and 
20organizations sponsor or facilitate first responders with 
21specialized training in the areas of psychological fitness, 
22depressive disorders, early detection, and mitigation best 
23practices. Such trainings could be accomplished by:
24  (1) Assigning, appointing, or designating one member 
25 of an agency or organization to attend specialized 
26 training(s) sponsored by an accredited agency, 
 
 
SB2136- 27 -LRB103 27172 RLC 53542 b


1 association, or organization recognized in their fields of 
2 study.
3  (2) Seeking sponsorships or conducting fund-raisers, 
4 to host annual or semiannual on-site visits from qualified 
5 clinicians or physicians to provide early detection 
6 training techniques, or to provide regular access to 
7 mental health professionals.
8  (3) Requiring a minimum number of hours of disorders 
9 and wellness training be incorporated into reoccurring, 
10 annual or biannual training standards, examinations, and 
11 curriculums, taking into close consideration respective 
12 agency or organization size, frequency, and number of all 
13 current federal and state mandatory examinations and 
14 trainings expected respectively.
15  (4) Not underestimating the crucial importance of a 
16 balanced diet, sleep, mindfulness-based stress reduction 
17 techniques, moderate and vigorous intensity activities, 
18 and recreational hobbies, which have been scientifically 
19 proven to play a major role in brain health and mental 
20 wellness. 
21 (c) Task Force members shall recommend that administrators 
22and leadership personnel solicit training services from 
23evidence-based, data driven organizations. Organizations with 
24personnel trained on the analytical review and interpretation 
25of specific fields related to the nature of first responders' 
26exploits, such as PTSD, substance abuse, chronic state of 
 
 
SB2136- 28 -LRB103 27172 RLC 53542 b


1duress. Task Force members shall further recommend funding for 
2expansion and messaging campaigns of preliminary 
3self-diagnosing technologies like the one described above. 
4These objectives could be met by:
5  (1) Contacting an accredited agency, association, or 
6 organization recognized in the field or fields of specific 
7 study. Unbeknownst to the majority, many of the agencies 
8 and organizations listed above receive grants and 
9 allocations to assist communities with the very issues 
10 being discussed in this Section.
11  (2) Normalizing help-seeking behaviors for both first 
12 responders and their families through regular messaging 
13 and peer support outreach, beginning with academy 
14 curricula and continuing education throughout individuals' 
15 careers.
16  (3) Funding and implementing PSA campaigns that 
17 provide clear and concise calls to action about mental 
18 health and wellness, resiliency, help-seeking, treatment, 
19 and recovery.
20  (4) Promoting and raising awareness of not-for-profit 
21 non-for-profit organizations currently available to assist 
22 individuals in search of care and treatment. Organizations 
23 have intuitive user-friendly sites, most of which have 
24 mobile applications, so first responders can access at a 
25 moment's notice. However, because of limited funds, these 
26 organizations have a challenging time of getting the word 
 
 
SB2136- 29 -LRB103 27172 RLC 53542 b


1 out there about their existence.
2  (5) Expanding Family and Medical Leave Act protections 
3 for individuals voluntarily seeking preventative 
4 treatment.
5  (6) Promoting and ensuring complete patient 
6 confidentiality protections. 
7 (d) Task Force members shall recommend that agencies and 
8organizations incorporate the following training components 
9into already existing modules and educational curriculums. 
10Doing so could be done by:
11  (1) Bolstering academy and school curricula by 
12 requiring depressive disorder training catered to PTSD, 
13 substance abuse, and early detection techniques training, 
14 taking into close consideration respective agency or 
15 organization size, and the frequency and number of all 
16 current federal and state mandatory examinations and 
17 trainings expected respectively.
18  (2) Continuing to allocate or match federal and state 
19 funds to maintain Mobile Mobil Training Units (MTUs). 
20  (3) Incorporating a state certificate for peer support 
21 training into already exiting statewide curriculums and 
22 mandatory examinations, annual State Fire Marshal 
23 examinations, and physical fitness examinations. The 
24 subject matter of the certificate should have an emphasis 
25 on mental health and wellness, as well as familiarization 
26 with topics ranging from clinical social work, clinical 
 
 
SB2136- 30 -LRB103 27172 RLC 53542 b


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

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

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




22 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)



23 Sec. 2605-10. Powers and duties, generally. 
24 (a) The Illinois State Police shall exercise the rights, 
 
 
SB2136- 31 -LRB103 27172 RLC 53542 b


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

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




16 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



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

19  (1) Operate and maintain the Law Enforcement Agencies 
20 Data System (LEADS), a statewide, computerized 
21 telecommunications system designed to provide services, 
22 information, and capabilities to the law enforcement and 
23 criminal justice community in the State of Illinois. The 
24 Director is responsible for establishing policy, 
25 procedures, and regulations consistent with State and 
 
 
SB2136- 32 -LRB103 27172 RLC 53542 b


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

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

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

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

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

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

20  (6) (Blank).

21  (6.5) (Blank). Exercise the rights, powers, and duties 
22 vested in the Illinois State Police
by the Firearm Owners 
23 Identification Card Act, the Firearm Concealed Carry Act, 
24 and the Firearm Dealer License Certification Act.

25  (7) Exercise other duties that may be assigned
by the 
26 Director to
fulfill the responsibilities and achieve the 
 
 
SB2136- 33 -LRB103 27172 RLC 53542 b


1 purposes of the Illinois State Police.

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






11 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)



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

14 (a) To do the following:


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


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

24 distributing, or use of controlled substances and 
25 cannabis.


 
 
SB2136- 34 -LRB103 27172 RLC 53542 b


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

5 violations of the criminal laws of the State.


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

9 arrests and recovering property.


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

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

13 justice and is found
in this State.


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

15  (7) Be a central repository and custodian of criminal 
16 statistics for the State.
17  (8) Be a central repository for criminal history 
18 record information.
19  (9) Procure and file for record information that is 
20 necessary and helpful to plan programs of crime 
21 prevention, law enforcement, and criminal justice.
22  (10) Procure and file for record copies of 
23 fingerprints that may be required by law.
24  (11) Establish general and field crime laboratories.
25  (12) (Blank). Register and file for record information 
26 that may be required by law for the issuance of firearm 
 
 
SB2136- 35 -LRB103 27172 RLC 53542 b


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

16powers anywhere in the State in cooperation with and after 
17contact with
the local law enforcement officials. Those 
18persons may use false
or
fictitious names in the performance 
19of their duties under this Section,
upon approval of the 
20Director, and shall not be subject to prosecution
under the 
21criminal laws for that use.

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


23 (20 ILCS 2605/2605-595)
24 Sec. 2605-595. State Police Firearm Services Fund.
25 (a) There is created in the State treasury a special fund 
 
 
SB2136- 36 -LRB103 27172 RLC 53542 b


1known as the State Police Firearm Services Fund. The Fund 
2shall receive revenue under the Firearm Concealed Carry Act 
3and , the Firearm Dealer License Certification Act, and 
4Section 5 of the Firearm Owners Identification Card Act. The 
5Fund may also receive revenue from grants, pass-through 
6grants, donations, appropriations, and any other legal source.
7 (a-5) Notwithstanding any other provision of law to the 
8contrary, and in addition to any other transfers that may be 
9provided by law, on the effective date of this amendatory Act 
10of the 102nd General Assembly, or as soon thereafter as 
11practical, the State Comptroller shall direct and the State 
12Treasurer shall transfer the remaining balance from the 
13Firearm Dealer License Certification Fund into the State 
14Police Firearm Services Fund. Upon completion of the transfer, 
15the Firearm Dealer License Certification Fund is dissolved, 
16and any future deposits due to that Fund and any outstanding 
17obligations or liabilities of that Fund shall pass to the 
18State Police Firearm Services Fund. 
19 (b) The Illinois State Police may use moneys in the Fund to 
20finance any of its lawful purposes, mandates, functions, and 
21duties under the Firearm Owners Identification Card Act, the 
22Firearm Dealer License Certification Act, and the Firearm 
23Concealed Carry Act, including the cost of sending notices of 
24expiration of Firearm Owner's Identification Cards, concealed 
25carry licenses, the prompt and efficient processing of 
26applications under the Firearm Owners Identification Card Act 
 
 
SB2136- 37 -LRB103 27172 RLC 53542 b


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

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


13 (20 ILCS 2605/2605-120 rep.)
14 (20 ILCS 2605/2605-304 rep.)
15 Section 15. The Department of State Police Law of the

16Civil Administrative Code of Illinois is amended by repealing 
17Sections 2605-120 and 2605-304.

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

20 (20 ILCS 2630/2.2)
21 Sec. 2.2. Notification to the Illinois State Police. Upon 
22judgment of conviction of a violation of Section 12-1, 12-2, 
2312-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
 
 
SB2136- 38 -LRB103 27172 RLC 53542 b


1the Criminal Code of 2012 when the
defendant has been 
2determined, pursuant to Section 112A-11.1 of the Code of 
3Criminal Procedure of 1963,
to be subject to the prohibitions 
4of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include 
5notification and a copy of the written determination in a 
6report
of the conviction to the Illinois State Police Firearm 
7Owner's Identification Card Office to
enable the Illinois 
8State Police office to perform its duties under the Firearm 
9Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
10Identification Card Act and to report that determination to 
11the Federal Bureau
of Investigation to assist the Federal 
12Bureau of Investigation in identifying persons prohibited
from 
13purchasing and possessing a firearm pursuant to the provisions 
14of
18 U.S.C. 922. The written determination described in this 
15Section shall be included in the defendant's record of arrest 
16and conviction in the manner and form prescribed by the 
17Illinois State Police. 

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

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

21 (20 ILCS 3930/7.9)
22 (Section scheduled to be repealed on July 1, 2027)
23 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
24Force.
 
 
SB2136- 39 -LRB103 27172 RLC 53542 b


1 (a) As used in this Section, "firearms prohibitor" means 
2any factor listed in Section 4 of the Firearm Owners 
3Identification Card Act or Section 24-3 or 24-3.1 of the 
4Criminal Code of 2012 that prohibits a person from 
5transferring or possessing a firearm, firearm ammunition, 
6Firearm Owner's Identification Card, or concealed carry 
7license. 
8 (b) The Firearm Prohibitors and Records Improvement Task 
9Force is created to identify and research all available 
10grants, resources, and revenue that may be applied for and 
11used by all entities responsible for reporting federal and 
12State firearm prohibitors to the Illinois State Police and the 
13National Instant Criminal Background Check System. These Under 
14the Firearm Owners Identification Card Act, these reporting 
15entities include, but are not limited to, hospitals, courts, 
16law enforcement and corrections. The Task Force shall identify 
17weaknesses in reporting and recommend a strategy to direct 
18resources and revenue to ensuring reporting is reliable, 
19accurate, and timely. The Task Force shall inventory all 
20statutorily mandated firearm and gun violence related data 
21collection and reporting requirements, along with the agency 
22responsible for collecting that data, and identify gaps in 
23those requirements. The Task Force shall submit a coordinated 
24application with and through the Illinois Criminal Justice 
25Information Authority for federal funds from the National 
26Criminal History Improvement Program and the NICS Acts Record 
 
 
SB2136- 40 -LRB103 27172 RLC 53542 b


1Improvement Program.
The Firearm Prohibitors and Records 
2Improvement Task Force shall be comprised of the following 
3members, all of whom shall serve without compensation:
4  (1) the Executive Director of the Illinois Criminal 
5 Justice Information Authority, who shall serve as Chair;
6  (2) the Director of the Illinois State Police, or his 
7 or her designee;
8  (3) the Secretary of Human Services, or his or her 
9 designee;
10  (4) the Director of Corrections, or his or her 
11 designee;
12  (5) the Attorney General, or his or her designee;
13  (6) the Director of the Administrative Office of the 
14 Illinois Courts, or his or her designee; 
15  (7) a representative of an association representing 
16 circuit clerks appointed by the President of the Senate;
17  (8) a representative of an association representing 
18 sheriffs appointed by the House Minority Leader;
19  (9) a representative of an association representing 
20 State's Attorneys appointed by the House Minority Leader;
21  (10) a representative of an association representing 
22 chiefs of police appointed by the Senate Minority Leader;
23  (11) a representative of an association representing 
24 hospitals appointed by the Speaker of the House of 
25 Representatives;
26  (12) a representative of an association representing 
 
 
SB2136- 41 -LRB103 27172 RLC 53542 b


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

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

25 Section 25. The State Finance Act is amended by changing 
 
 
SB2136- 42 -LRB103 27172 RLC 53542 b


1Sections 6z-99 and 6z-127 as follows:

2 (30 ILCS 105/6z-99)
3 Sec. 6z-99. The Mental Health Reporting Fund.
4 (a) There is created in the State treasury a special fund 
5known as the Mental Health Reporting Fund. The Fund shall 
6receive revenue under the Firearm Concealed Carry Act. The 
7Fund may also receive revenue from grants, pass-through 
8grants, donations, appropriations, and any other legal source.
9 (b) The Illinois State Police and Department of Human 
10Services shall coordinate to use moneys in the Fund to finance 
11their respective duties of collecting and reporting data on 
12mental health records and ensuring that mental health firearm 
13possession prohibitors are enforced as set forth under the 
14Firearm Concealed Carry Act and the Firearm Owners 
15Identification Card Act. Any surplus in the Fund beyond what 
16is necessary to ensure compliance with mental health reporting 
17under that Act these Acts shall be used by the Department of 
18Human Services for mental health treatment programs as 
19follows: (1) 50% shall be used to fund
community-based mental 
20health programs aimed at reducing gun
violence, community 
21integration and education, or mental
health awareness and 
22prevention, including administrative
costs; and (2) 50% shall 
23be used to award grants that use and
promote the National 
24School Mental Health Curriculum model for
school-based mental 
25health support, integration, and services.
 
 
SB2136- 43 -LRB103 27172 RLC 53542 b


1 (c) Investment income that is attributable to the 
2investment of moneys in the Fund shall be retained in the Fund 
3for the uses specified in this Section.

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



6 (30 ILCS 105/6z-127)


7 Sec. 6z-127. State Police Revocation Enforcement Fund.
8 (a) The State Police Revocation Enforcement Fund is 
9established as a special fund in the State treasury. This Fund 
10is established to receive moneys from the Firearm Owners 
11Identification Card Act to enforce that Act, the Firearm 
12Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
13and other firearm offenses. The Fund may also receive revenue 
14from grants, donations, appropriations, and any other legal 
15source.
16 (b) The Illinois State Police may use moneys from the Fund 
17to establish task forces and, if necessary, include other law 
18enforcement agencies, under intergovernmental contracts 
19written and executed in conformity with the Intergovernmental 
20Cooperation Act.
21 (c) The Illinois State Police may use moneys in the Fund to 
22hire and train State Police officers and for the prevention of 
23violent crime.
24 (d) The State Police Revocation Enforcement Fund is not 
25subject to administrative chargebacks.
 
 
SB2136- 44 -LRB103 27172 RLC 53542 b


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

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


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


8 (30 ILCS 500/1-10)

 
9 Sec. 1-10. Application. 

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

16Article 99, including, but not limited to, any covenant 
17entered into with respect
to any revenue bonds or similar 
18instruments.
All procurements for which contracts are 
19solicited between the effective date
of Articles 50 and 99 and 
20July 1, 1998 shall be substantially in accordance
with this 
21Code and its intent.

22 (b) This Code shall apply regardless of the source of the 
23funds with which
the contracts are paid, including federal 
24assistance moneys. This
Code shall
not apply to:

 
 
SB2136- 45 -LRB103 27172 RLC 53542 b


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

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

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

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

13  (5) Collective bargaining contracts.

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

22  (7) Contracts necessary to prepare for anticipated 
23 litigation, enforcement
actions, or investigations, 
24 provided
that the chief legal counsel to the Governor 
25 shall give his or her prior
approval when the procuring 
26 agency is one subject to the jurisdiction of the
Governor, 
 
 
SB2136- 46 -LRB103 27172 RLC 53542 b


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

5  (8) (Blank).

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

8  (10) (Blank). 
9  (11) Public-private agreements entered into according 
10 to the procurement requirements of Section 20 of the 
11 Public-Private Partnerships for Transportation Act and 
12 design-build agreements entered into according to the 
13 procurement requirements of Section 25 of the 
14 Public-Private Partnerships for Transportation Act.
15  (12) (A) Contracts for legal, financial, and other 
16 professional and artistic services entered into by the 
17 Illinois Finance Authority in which the State of Illinois 
18 is not obligated. Such contracts shall be awarded through 
19 a competitive process authorized by the members of the 
20 Illinois Finance Authority and are subject to Sections 
21 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
22 as well as the final approval by the members of the 
23 Illinois Finance Authority of the terms of the contract.
24  (B) Contracts for legal and financial services entered 
25 into by the Illinois Housing Development Authority in 
26 connection with the issuance of bonds in which the State 
 
 
SB2136- 47 -LRB103 27172 RLC 53542 b


1 of Illinois is not obligated. Such contracts shall be 
2 awarded through a competitive process authorized by the 
3 members of the Illinois Housing Development Authority and 
4 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
5 and 50-37 of this Code, as well as the final approval by 
6 the members of the Illinois Housing Development Authority 
7 of the terms of the contract. 
8  (13) Contracts for services, commodities, and 
9 equipment to support the delivery of timely forensic 
10 science services in consultation with and subject to the 
11 approval of the Chief Procurement Officer as provided in 
12 subsection (d) of Section 5-4-3a of the Unified Code of 
13 Corrections, except for the requirements of Sections 
14 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
15 Code; however, the Chief Procurement Officer may, in 
16 writing with justification, waive any certification 
17 required under Article 50 of this Code. For any contracts 
18 for services which are currently provided by members of a 
19 collective bargaining agreement, the applicable terms of 
20 the collective bargaining agreement concerning 
21 subcontracting shall be followed.
22  On and after January 1, 2019, this paragraph (13), 
23 except for this sentence, is inoperative. 
24  (14) Contracts for participation expenditures required 
25 by a domestic or international trade show or exhibition of 
26 an exhibitor, member, or sponsor.
 
 
SB2136- 48 -LRB103 27172 RLC 53542 b


1  (15) Contracts with a railroad or utility that 
2 requires the State to reimburse the railroad or utilities 
3 for the relocation of utilities for construction or other 
4 public purpose. Contracts included within this paragraph 
5 (15) shall include, but not be limited to, those 
6 associated with: relocations, crossings, installations, 
7 and maintenance. For the purposes of this paragraph (15), 
8 "railroad" means any form of non-highway ground 
9 transportation that runs on rails or electromagnetic 
10 guideways and "utility" means: (1) public utilities as 
11 defined in Section 3-105 of the Public Utilities Act, (2) 
12 telecommunications carriers as defined in Section 13-202 
13 of the Public Utilities Act, (3) electric cooperatives as 
14 defined in Section 3.4 of the Electric Supplier Act, (4) 
15 telephone or telecommunications cooperatives as defined in 
16 Section 13-212 of the Public Utilities Act, (5) rural 
17 water or waste water systems with 10,000 connections or 
18 less, (6) a holder as defined in Section 21-201 of the 
19 Public Utilities Act, and (7) municipalities owning or 
20 operating utility systems consisting of public utilities 
21 as that term is defined in Section 11-117-2 of the 
22 Illinois Municipal Code. 
23  (16) Procurement expenditures necessary for the 
24 Department of Public Health to provide the delivery of 
25 timely newborn screening services in accordance with the 
26 Newborn Metabolic Screening Act. 
 
 
SB2136- 49 -LRB103 27172 RLC 53542 b


1  (17) Procurement expenditures necessary for the 
2 Department of Agriculture, the Department of Financial and 
3 Professional Regulation, the Department of Human Services, 
4 and the Department of Public Health to implement the 
5 Compassionate Use of Medical Cannabis Program and Opioid 
6 Alternative Pilot Program requirements and ensure access 
7 to medical cannabis for patients with debilitating medical 
8 conditions in accordance with the Compassionate Use of 
9 Medical Cannabis Program Act.
10  (18) This Code does not apply to any procurements 
11 necessary for the Department of Agriculture, the 
12 Department of Financial and Professional Regulation, the 
13 Department of Human Services, the Department of Commerce 
14 and Economic Opportunity, and the Department of Public 
15 Health to implement the Cannabis Regulation and Tax Act if 
16 the applicable agency has made a good faith determination 
17 that it is necessary and appropriate for the expenditure 
18 to fall within this exemption and if the process is 
19 conducted in a manner substantially in accordance with the 
20 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
21 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
22 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
23 Section 50-35, compliance applies only to contracts or 
24 subcontracts over $100,000. Notice of each contract 
25 entered into under this paragraph (18) that is related to 
26 the procurement of goods and services identified in 
 
 
SB2136- 50 -LRB103 27172 RLC 53542 b


1 paragraph (1) through (9) of this subsection shall be 
2 published in the Procurement Bulletin within 14 calendar 
3 days after contract execution. The Chief Procurement 
4 Officer shall prescribe the form and content of the 
5 notice. Each agency shall provide the Chief Procurement 
6 Officer, on a monthly basis, in the form and content 
7 prescribed by the Chief Procurement Officer, a report of 
8 contracts that are related to the procurement of goods and 
9 services identified in this subsection. At a minimum, this 
10 report shall include the name of the contractor, a 
11 description of the supply or service provided, the total 
12 amount of the contract, the term of the contract, and the 
13 exception to this Code utilized. A copy of any or all of 
14 these contracts shall be made available to the Chief 
15 Procurement Officer immediately upon request. The Chief 
16 Procurement Officer shall submit a report to the Governor 
17 and General Assembly no later than November 1 of each year 
18 that includes, at a minimum, an annual summary of the 
19 monthly information reported to the Chief Procurement 
20 Officer. This exemption becomes inoperative 5 years after 
21 June 25, 2019 (the effective date of Public Act 101-27).
22  (19) Acquisition of modifications or adjustments, 
23 limited to assistive technology devices and assistive 
24 technology services, adaptive equipment, repairs, and 
25 replacement parts to provide reasonable accommodations (i) 
26 that enable a qualified applicant with a disability to 
 
 
SB2136- 51 -LRB103 27172 RLC 53542 b


1 complete the job application process and be considered for 
2 the position such qualified applicant desires, (ii) that 
3 modify or adjust the work environment to enable a 
4 qualified current employee with a disability to perform 
5 the essential functions of the position held by that 
6 employee, (iii) to enable a qualified current employee 
7 with a disability to enjoy equal benefits and privileges 
8 of employment as are enjoyed by other similarly situated 
9 employees without disabilities, and (iv) that allow a 
10 customer, client, claimant, or member of the public 
11 seeking State services full use and enjoyment of and 
12 access to its programs, services, or benefits. 
13  For purposes of this paragraph (19):
14  "Assistive technology devices" means any item, piece 
15 of equipment, or product system, whether acquired 
16 commercially off the shelf, modified, or customized, that 
17 is used to increase, maintain, or improve functional 
18 capabilities of individuals with disabilities.
19  "Assistive technology services" means any service that 
20 directly assists an individual with a disability in 
21 selection, acquisition, or use of an assistive technology 
22 device.
23  "Qualified" has the same meaning and use as provided 
24 under the federal Americans with Disabilities Act when 
25 describing an individual with a disability. 
26  (20) Procurement expenditures necessary for the

 
 
SB2136- 52 -LRB103 27172 RLC 53542 b


1 Illinois Commerce Commission to hire third-party

2 facilitators pursuant to Sections 16-105.17 and
16-108.18 
3 of the Public Utilities Act or an ombudsman pursuant to 
4 Section 16-107.5 of the Public Utilities Act, a 
5 facilitator pursuant to Section 16-105.17 of the Public 
6 Utilities Act, or a grid auditor pursuant to Section 
7 16-105.10 of the Public Utilities Act. 
8  (21) Procurement expenditures for the purchase, 
9 renewal, and expansion of software, software licenses, or 
10 software maintenance agreements that support the efforts 
11 of the Illinois State Police to enforce, regulate, and 
12 administer the Firearm Owners Identification Card Act, the 
13 Firearm Concealed Carry Act, the Firearms Restraining 
14 Order Act, the Firearm Dealer License Certification Act, 
15 the Law Enforcement Agencies Data System (LEADS), the 
16 Uniform Crime Reporting Act, the Criminal Identification 
17 Act, the Uniform Conviction Information Act, and the Gun 
18 Trafficking Information Act, or establish or maintain 
19 record management systems necessary to conduct human 
20 trafficking investigations or gun trafficking or other 
21 stolen firearm investigations. This paragraph (21) applies 
22 to contracts entered into on or after the effective date 
23 of this amendatory Act of the 102nd General Assembly and 
24 the renewal of contracts that are in effect on the 
25 effective date of this amendatory Act of the 102nd General 
26 Assembly. 
 
 
SB2136- 53 -LRB103 27172 RLC 53542 b


1 Notwithstanding any other provision of law, for contracts 
2with an annual value of more than $100,000 entered into on or 
3after October 1, 2017 under an exemption provided in any 
4paragraph of this subsection (b), except paragraph (1), (2), 
5or (5), each State agency shall post to the appropriate 
6procurement bulletin the name of the contractor, a description 
7of the supply or service provided, the total amount of the 
8contract, the term of the contract, and the exception to the 
9Code utilized. The chief procurement officer shall submit a 
10report to the Governor and General Assembly no later than 
11November 1 of each year that shall include, at a minimum, an 
12annual summary of the monthly information reported to the 
13chief procurement officer. 
14 (c) This Code does not apply to the electric power 
15procurement process provided for under Section 1-75 of the 
16Illinois Power Agency Act and Section 16-111.5 of the Public 
17Utilities Act.
18 (d) Except for Section 20-160 and Article 50 of this Code, 
19and as expressly required by Section 9.1 of the Illinois 
20Lottery Law, the provisions of this Code do not apply to the 
21procurement process provided for under Section 9.1 of the 
22Illinois Lottery Law. 
23 (e) This Code does not apply to the process used by the 
24Capital Development Board to retain a person or entity to 
25assist the Capital Development Board with its duties related 
26to the determination of costs of a clean coal SNG brownfield 
 
 
SB2136- 54 -LRB103 27172 RLC 53542 b


1facility, as defined by Section 1-10 of the Illinois Power 
2Agency Act, as required in subsection (h-3) of Section 9-220 
3of the Public Utilities Act, including calculating the range 
4of capital costs, the range of operating and maintenance 
5costs, or the sequestration costs or monitoring the 
6construction of clean coal SNG brownfield facility for the 
7full duration of construction.
8 (f) (Blank). 
9 (g) (Blank).
10 (h) This Code does not apply to the process to procure or 
11contracts entered into in accordance with Sections 11-5.2 and 
1211-5.3 of the Illinois Public Aid Code. 
13 (i) Each chief procurement officer may access records 
14necessary to review whether a contract, purchase, or other 
15expenditure is or is not subject to the provisions of this 
16Code, unless such records would be subject to attorney-client 
17privilege. 
18 (j) This Code does not apply to the process used by the 
19Capital Development Board to retain an artist or work or works 
20of art as required in Section 14 of the Capital Development 
21Board Act. 
22 (k) This Code does not apply to the process to procure 
23contracts, or contracts entered into, by the State Board of 
24Elections or the State Electoral Board for hearing officers 
25appointed pursuant to the Election Code. 
26 (l) This Code does not apply to the processes used by the 
 
 
SB2136- 55 -LRB103 27172 RLC 53542 b


1Illinois Student Assistance Commission to procure supplies and 
2services paid for from the private funds of the Illinois 
3Prepaid Tuition Fund. As used in this subsection (l), "private 
4funds" means funds derived from deposits paid into the 
5Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
6 (m) This Code shall apply regardless of the source of 
7funds with which contracts are paid, including federal 
8assistance moneys. Except as specifically provided in this 
9Code, this Code shall not apply to procurement expenditures 
10necessary for the Department of Public Health to conduct the 
11Healthy Illinois Survey in accordance with Section 2310-431 of 
12the Department of Public Health Powers and Duties Law of the 
13Civil Administrative Code of Illinois. 
14(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
15101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff 
161-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, 
17eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
18102-1116, eff. 1-10-23.)


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




21 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)



22 Sec. 3. 
A Metropolitan Enforcement Group which meets the 
23minimum
criteria established in this Section is eligible to 
24receive State grants
to help defray the costs of operation. To 
 
 
SB2136- 56 -LRB103 27172 RLC 53542 b


1be eligible a MEG must:

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

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

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

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

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

26  (5) Cooperate with the Illinois State Police in order 
 
 
SB2136- 57 -LRB103 27172 RLC 53542 b


1 to
assure compliance with this Act and to enable the 
2 Illinois State
Police to fulfill
its duties under this 
3 Act, and supply the Illinois State
Police with all

4 information the Illinois State
Police deems necessary 
5 therefor.

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

9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
10102-813, eff. 5-13-22.)


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



13 (50 ILCS 710/1) (from Ch. 85, par. 515)



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

20county or municipality or (ii) any retired law enforcement 
21officers qualified under federal law to carry a concealed 
22weapon. 
23 (a-5) "Probation officer" means a county probation officer 
24authorized by the Chief Judge of the Circuit Court to carry a 
 
 
SB2136- 58 -LRB103 27172 RLC 53542 b


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

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



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



13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)


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

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

17 (a) To expel pupils guilty of gross disobedience or 
18misconduct, including gross disobedience or misconduct 
19perpetuated by electronic means, pursuant to subsection (b-20) 
20of this Section, and
no action shall lie against them for such 
21expulsion. Expulsion shall
take place only after the parents 
22have been requested to appear at a
meeting of the board, or 
23with a hearing officer appointed by it, to
discuss their 
24child's behavior. Such request shall be made by registered
or 
 
 
SB2136- 59 -LRB103 27172 RLC 53542 b


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

19 (b) To suspend or by policy to authorize the 
20superintendent of
the district or the principal, assistant 
21principal, or dean of students
of any school to suspend pupils 
22guilty of gross disobedience or misconduct, or
to suspend 
23pupils guilty of gross disobedience or misconduct on the 
24school bus
from riding the school bus, pursuant to subsections 
25(b-15) and (b-20) of this Section, and no action
shall lie 
26against them for such suspension. The board may by policy

 
 
SB2136- 60 -LRB103 27172 RLC 53542 b


1authorize the superintendent of the district or the principal, 
2assistant
principal, or dean of students of any
school to 
3suspend pupils guilty of such acts for a period not to exceed

410 school days. If a pupil is suspended due to gross 
5disobedience or misconduct
on a school bus, the board may 
6suspend the pupil in excess of 10
school
days for safety 
7reasons. 
8 Any suspension shall be reported immediately to the

9parents or guardian of a pupil along with a full statement of 
10the
reasons for such suspension and a notice of their right to 
11a review. The school board must be given a summary of the 
12notice, including the reason for the suspension and the 
13suspension length. Upon request of the
parents or guardian, 
14the school board or a hearing officer appointed by
it shall 
15review such action of the superintendent or principal, 
16assistant
principal, or dean of students. At such
review, the 
17parents or guardian of the pupil may appear and discuss the

18suspension with the board or its hearing officer. If a hearing 
19officer
is appointed by the board, he shall report to the board 
20a written summary
of the evidence heard at the meeting. After 
21its hearing or upon receipt
of the written report of its 
22hearing officer, the board may take such
action as it finds 
23appropriate. If a student is suspended pursuant to this 
24subsection (b), the board shall, in the written suspension 
25decision, detail the specific act of gross disobedience or 
26misconduct resulting in the decision to suspend. The 
 
 
SB2136- 61 -LRB103 27172 RLC 53542 b


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

9 (b-5) Among the many possible disciplinary interventions 
10and consequences available to school officials, school 
11exclusions, such as out-of-school suspensions and expulsions, 
12are the most serious. School officials shall limit the number 
13and duration of expulsions and suspensions to the greatest 
14extent practicable, and it is recommended that they use them 
15only for legitimate educational purposes. To ensure that 
16students are not excluded from school unnecessarily, it is 
17recommended that school officials consider forms of 
18non-exclusionary discipline prior to using out-of-school 
19suspensions or expulsions.
20 (b-10) Unless otherwise required by federal law or this 
21Code, school boards may not institute zero-tolerance policies 
22by which school administrators are required to suspend or 
23expel students for particular behaviors.
24 (b-15) Out-of-school suspensions of 3 days or less may be 
25used only if the student's continuing presence in school would 
26pose a threat to school safety or a disruption to other 
 
 
SB2136- 62 -LRB103 27172 RLC 53542 b


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

15the school community or (ii) substantially disrupt, impede, or

16interfere with the operation of the school. For purposes of 
17this subsection (b-20), "threat to the safety of other 
18students, staff, or members of the school community" and 
19"substantially disrupt, impede, or interfere with the 
20operation of the school" shall be determined on a case-by-case 
21basis by school officials. For purposes of this subsection 
22(b-20), the determination of whether "appropriate and 
23available behavioral and disciplinary interventions have been 
24exhausted" shall be made by school officials. School officials 
25shall make all reasonable efforts to resolve such threats, 
26address such disruptions, and minimize the length of student 
 
 
SB2136- 63 -LRB103 27172 RLC 53542 b


1exclusions to the greatest extent practicable. Within the 
2suspension decision described in subsection (b) of this 
3Section or the expulsion decision described in subsection (a) 
4of this Section, it shall be documented whether other 
5interventions were attempted or whether it was determined that 
6there were no other appropriate and available interventions.
7 (b-25) Students who are suspended out-of-school for longer 
8than 4 school days shall be provided appropriate and available 
9support services during the period of their suspension. For 
10purposes of this subsection (b-25), "appropriate and available 
11support services" shall be determined by school authorities. 
12Within the suspension decision described in subsection (b) of 
13this Section, it shall be documented whether such services are 
14to be provided or whether it was determined that there are no 
15such appropriate and available services.
16 A school district may refer students who are expelled to 
17appropriate and available support services.
18 A school district shall create a policy to facilitate the 
19re-engagement of students who are suspended out-of-school, 
20expelled, or returning from an alternative school setting.
21 (b-30) A school district shall create a policy by which 
22suspended pupils, including those pupils suspended from the 
23school bus who do not have alternate transportation to school, 
24shall have the opportunity to make up work for equivalent 
25academic credit. It shall be the responsibility of a pupil's 
26parent or guardian to notify school officials that a pupil 
 
 
SB2136- 64 -LRB103 27172 RLC 53542 b


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

7 (c-5) School districts shall make reasonable efforts to 
8provide ongoing professional development to teachers, 
9administrators, school board members, school resource 
10officers, and staff on the adverse consequences of school 
11exclusion and justice-system involvement, effective classroom 
12management strategies, culturally responsive discipline, the 
13appropriate and available supportive services for the 
14promotion of student attendance and engagement, and 
15developmentally appropriate disciplinary methods that promote 
16positive and healthy school climates. 
17 (d) The board may expel a student for a definite period of 
18time not to
exceed 2 calendar years, as determined on a 
19case-by-case basis.
A student who
is determined to have 
20brought one of the following objects to school, any 
21school-sponsored activity
or event, or any activity or event 
22that bears a reasonable relationship to school shall be 
23expelled for a period of not less than
one year:
24  (1) A firearm. For the purposes of this Section, 
25 "firearm" means any gun, rifle, shotgun, weapon as defined 
26 by Section 921 of Title 18 of the United States Code, 
 
 
SB2136- 65 -LRB103 27172 RLC 53542 b


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

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

23principal, or dean of students of any
school to suspend a 
24student for a period not to exceed
10 school days or may expel 
25a student for a definite period of time not to
exceed 2 
26calendar years, as determined on a case-by-case basis, if (i) 
 
 
SB2136- 66 -LRB103 27172 RLC 53542 b


1that student has been determined to have made an explicit 
2threat on an Internet website against a school employee, a 
3student, or any school-related personnel, (ii) the Internet 
4website through which the threat was made is a site that was 
5accessible within the school at the time the threat was made or 
6was available to third parties who worked or studied within 
7the school grounds at the time the threat was made, and (iii) 
8the threat could be reasonably interpreted as threatening to 
9the safety and security of the threatened individual because 
10of his or her duties or employment status or status as a 
11student inside the school.

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

21left in these places and areas. School authorities may request 
22the assistance
of law enforcement officials for the purpose of 
23conducting inspections and
searches of lockers, desks, parking 
24lots, and other school property and
equipment owned or 
25controlled by the school for illegal drugs, weapons, or
other

26illegal or dangerous substances or materials, including 
 
 
SB2136- 67 -LRB103 27172 RLC 53542 b


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

5such evidence may be seized by school authorities, and 
6disciplinary action may
be taken. School authorities may also 
7turn over such evidence to law
enforcement authorities.

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

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

20 (h) School officials shall not advise or encourage 
21students to drop out voluntarily due to behavioral or academic 
22difficulties.
23 (i) A student may not be issued a monetary fine or fee as a 
24disciplinary consequence, though this shall not preclude 
25requiring a student to provide restitution for lost, stolen, 
26or damaged property.
 
 
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1 (j) Subsections (a) through (i) of this Section shall 
2apply to elementary and secondary schools, charter schools, 
3special charter districts, and school districts organized 
4under Article 34 of this Code. 
5 (k) The expulsion of children enrolled in programs funded 
6under Section 1C-2 of this Code is subject to the requirements 
7under paragraph (7) of subsection (a) of Section 2-3.71 of 
8this Code.
9 (l) Beginning with the 2018-2019 school year, an in-school 
10suspension program provided by a school district for any 
11students in kindergarten through grade 12 may focus on 
12promoting non-violent conflict resolution and positive 
13interaction with other students and school personnel. A school 
14district may employ a school social worker or a licensed 
15mental health professional to oversee an in-school suspension 
16program in kindergarten through grade 12. 
17(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
18102-813, eff. 5-13-22.)

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

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

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

11heard at the meeting and the board may take such action thereon 
12as it
finds appropriate. If the board acts to expel a pupil, 
13the written expulsion decision shall detail the specific 
14reasons why removing the pupil from the learning environment 
15is in the best interest of the school. The expulsion decision 
16shall also include a rationale as to the specific duration of 
17the expulsion. An expelled pupil may be immediately 
18transferred to an alternative program in the manner provided 
19in Article 13A or 13B of this Code. A pupil must not be denied 
20transfer because of the expulsion, except in cases in which 
21such transfer is deemed to cause a threat to the safety of 
22students or staff in the alternative program.

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

5authorize the superintendent of the district or the principal, 
6assistant
principal, or dean of students of any
school to 
7suspend pupils guilty of such acts for a period not to exceed

810 school days. If a pupil is suspended due to gross 
9disobedience or misconduct
on a school bus, the board may 
10suspend the pupil in excess of 10
school
days for safety 
11reasons. 
12 Any suspension shall be reported immediately to the

13parents or guardians of a pupil along with a full statement of 
14the
reasons for such suspension and a notice of their right to 
15a review. The school board must be given a summary of the 
16notice, including the reason for the suspension and the 
17suspension length. Upon request of the
parents or guardians, 
18the school board or a hearing officer appointed by
it shall 
19review such action of the superintendent or principal, 
20assistant
principal, or dean of students. At such
review, the 
21parents or guardians of the pupil may appear and discuss the

22suspension with the board or its hearing officer. If a hearing 
23officer
is appointed by the board, he shall report to the board 
24a written summary
of the evidence heard at the meeting. After 
25its hearing or upon receipt
of the written report of its 
26hearing officer, the board may take such
action as it finds 
 
 
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1appropriate. If a student is suspended pursuant to this 
2subsection (b), the board shall, in the written suspension 
3decision, detail the specific act of gross disobedience or 
4misconduct resulting in the decision to suspend. The 
5suspension decision shall also include a rationale as to the 
6specific duration of the suspension. A pupil who is suspended 
7in excess of 20 school days may be immediately transferred to 
8an alternative program in the manner provided in Article 13A 
9or 13B of this Code. A pupil must not be denied transfer 
10because of the suspension, except in cases in which such 
11transfer is deemed to cause a threat to the safety of students 
12or staff in the alternative program.

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

19the school community or (ii) substantially disrupt, impede, or

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

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

21 (c-5) School districts shall make reasonable efforts to 
22provide ongoing professional development to teachers, 
23administrators, school board members, school resource 
24officers, and staff on the adverse consequences of school 
25exclusion and justice-system involvement, effective classroom 
26management strategies, culturally responsive discipline, the 
 
 
SB2136- 76 -LRB103 27172 RLC 53542 b


1appropriate and available supportive services for the 
2promotion of student attendance and engagement, and 
3developmentally appropriate disciplinary methods that promote 
4positive and healthy school climates. 
5 (d) The board may expel a student for a definite period of 
6time not to
exceed 2 calendar years, as determined on a 
7case-by-case basis.
A student who
is determined to have 
8brought one of the following objects to school, any 
9school-sponsored activity
or event, or any activity or event 
10that bears a reasonable relationship to school shall be 
11expelled for a period of not less than
one year:
12  (1) A firearm. For the purposes of this Section, 
13 "firearm" means any gun, rifle, shotgun, weapon as defined 
14 by Section 921 of Title 18 of the United States Code, 
15 firearm as defined in Section 2-7.5 1.1 of the Firearm 
16 Owners Identification Card Act, or firearm as defined in 
17 Section 24-1 of the Criminal Code of 2012. The expulsion 
18 period under this subdivision (1) may be modified by the 
19 superintendent, and the superintendent's determination may 
20 be modified by the board on a case-by-case basis.
21  (2) A knife, brass knuckles or other knuckle weapon 
22 regardless of its composition, a billy club, or any other 
23 object if used or attempted to be used to cause bodily 
24 harm, including "look alikes" of any firearm as defined in 
25 subdivision (1) of this subsection (d). The expulsion 
26 requirement under this subdivision (2) may be modified by 
 
 
SB2136- 77 -LRB103 27172 RLC 53542 b


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

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

11principal, or dean of students of any
school to suspend a 
12student for a period not to exceed
10 school days or may expel 
13a student for a definite period of time not to
exceed 2 
14calendar years, as determined on a case-by-case basis, if (i) 
15that student has been determined to have made an explicit 
16threat on an Internet website against a school employee, a 
17student, or any school-related personnel, (ii) the Internet 
18website through which the threat was made is a site that was 
19accessible within the school at the time the threat was made or 
20was available to third parties who worked or studied within 
21the school grounds at the time the threat was made, and (iii) 
22the threat could be reasonably interpreted as threatening to 
23the safety and security of the threatened individual because 
24of his or her duties or employment status or status as a 
25student inside the school.

26 (e) To maintain order and security in the schools, school 
 
 
SB2136- 78 -LRB103 27172 RLC 53542 b


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

9left in these places and areas. School authorities may request 
10the assistance
of law enforcement officials for the purpose of 
11conducting inspections and
searches of lockers, desks, parking 
12lots, and other school property and
equipment owned or 
13controlled by the school for illegal drugs, weapons, or
other

14illegal or dangerous substances or materials, including 
15searches conducted
through the use of specially trained dogs. 
16If a search conducted in accordance
with this Section produces 
17evidence that the student has violated or is
violating either 
18the law, local ordinance, or the school's policies or rules,

19such evidence may be seized by school authorities, and 
20disciplinary action may
be taken. School authorities may also 
21turn over such evidence to law
enforcement authorities.

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

25 (g) A school district may adopt a policy providing that if 
26a student
is suspended or expelled for any reason from any 
 
 
SB2136- 79 -LRB103 27172 RLC 53542 b


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

13 (h) School officials shall not advise or encourage 
14students to drop out voluntarily due to behavioral or academic 
15difficulties.
16 (i) A student may not be issued a monetary fine or fee as a 
17disciplinary consequence, though this shall not preclude 
18requiring a student to provide restitution for lost, stolen, 
19or damaged property.
20 (j) Subsections (a) through (i) of this Section shall 
21apply to elementary and secondary schools, charter schools, 
22special charter districts, and school districts organized 
23under Article 34 of this Code. 
24 (k) The expulsion of children enrolled in programs funded 
25under Section 1C-2 of this Code is subject to the requirements 
26under paragraph (7) of subsection (a) of Section 2-3.71 of 
 
 
SB2136- 80 -LRB103 27172 RLC 53542 b


1this Code.
2 (l) Beginning with the 2018-2019 school year, an in-school 
3suspension program provided by a school district for any 
4students in kindergarten through grade 12 may focus on 
5promoting non-violent conflict resolution and positive 
6interaction with other students and school personnel. A school 
7district may employ a school social worker or a licensed 
8mental health professional to oversee an in-school suspension 
9program in kindergarten through grade 12. 
10(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
11102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)




12 (105 ILCS 5/10-27.1A)



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

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

19principal would not immediately endanger the health, safety, 
20or welfare of
students who are under the direct supervision of 
21the school official or the
school official. If the health, 
22safety, or welfare of students under the
direct supervision of 
23the school official or of the school official is
immediately 
24endangered, the school official shall notify the office of the

25principal as soon as the students under his or her supervision 
 
 
SB2136- 81 -LRB103 27172 RLC 53542 b


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

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

23liability that might otherwise be incurred or imposed as a 
24result of making
the reports. Knowingly and willfully failing 
25to comply with this Section is a
petty offense. A second or 
26subsequent offense is a Class C misdemeanor. If
the person 
 
 
SB2136- 82 -LRB103 27172 RLC 53542 b


1found to be in possession of the firearm on school grounds is a

2minor, the law enforcement agency shall detain that minor 
3until such time as
the agency makes a determination pursuant 
4to clause (a) of subsection (1) of
Section 5-401 of the 
5Juvenile Court Act of 1987, as to whether the agency

6reasonably believes that the minor is delinquent. If the law 
7enforcement
agency determines that probable cause exists to 
8believe that the minor
committed a violation of item (4) of 
9subsection (a) of Section 24-1 of the
Criminal Code of 2012 
10while on school grounds, the agency shall detain the
minor for 
11processing pursuant to Section 5-407 of the Juvenile Court Act 
12of
1987.

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

21local law enforcement authorities immediately and to the 
22Illinois State Police in a form, manner, and frequency as 
23prescribed by the Illinois State Police.

24 The State Board of Education shall receive an annual 
25statistical compilation
and related data associated with 
26incidents involving firearms in schools from
the Illinois 
 
 
SB2136- 83 -LRB103 27172 RLC 53542 b


1State Police. The State Board of Education shall compile
this 
2information by school district and make it available to the 
3public.

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

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

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

16(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
17102-813, eff. 5-13-22.)





18 (105 ILCS 5/34-8.05)



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

22incident involving a firearm in a school or on school owned or 
23leased property,
including any conveyance owned,
leased, or 
24used by the school for the transport of students or school

25personnel, the general superintendent or his or her designee 
 
 
SB2136- 84 -LRB103 27172 RLC 53542 b


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

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

10shall have the meaning ascribed to it in Section 2-7.5 of the 
11Criminal Code of 2012 1.1 of the Firearm Owners
Identification 
12Card Act.

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


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




16 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



17 Sec. 2005. Qualifications for licensure. 
18 (a) No person shall qualify to hold a license who:
19  (1) is under 21 years of age;
20  (2) has been convicted in any court of a crime 
21 punishable by imprisonment for a term exceeding one year;
22  (3) is under indictment for a crime punishable by 
23 imprisonment for a term exceeding one year;
24  (4) is a fugitive from justice;
 
 
SB2136- 85 -LRB103 27172 RLC 53542 b


1  (5) is an unlawful user of or addicted to any 
2 controlled substance as defined in Section 102 of the 
3 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
4 seq.);
5  (6) has been adjudicated a person with a mental 
6 disability as defined in Section 6-103.1 of the Mental 
7 Health and Developmental Disabilities Code 1.1 of the 
8 Firearm Owners Identification Card Act; or
9  (7) is not a legal citizen of the United States or 
10 lawfully admitted for permanent residence.
11 (b) A person who has been granted a "relief from 
12disabilities" regarding criminal convictions and indictments, 
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
14845) may receive a license provided all other qualifications 
15under this Act are met. 

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


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



20 (225 ILCS 447/35-30)



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

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

23licensed agency, other than those exempted, shall apply for a

24permanent employee registration card. The holder of an agency

 
 
SB2136- 86 -LRB103 27172 RLC 53542 b


1license issued under this Act, known in this Section as

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

3employees under the following provisions:


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

5registration card who:

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

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

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

18  (4) Has had a license or permanent employee

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

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

26 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
 
 
SB2136- 87 -LRB103 27172 RLC 53542 b


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

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

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

7 defect and has not been restored.

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


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

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

18 address.

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

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

23  (3) That the person has not had a license or
employee 
24 registration denied, revoked, or suspended under this
Act 
25 (i) within one year before the date the person's 
26 application
for permanent employee registration card is 
 
 
SB2136- 88 -LRB103 27172 RLC 53542 b


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

5 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
6 subsection (b) of
Section 20-10, item (6) or (8) of 
7 subsection (a) of Section 25-10, subsection
(b) of Section 
8 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

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

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

17 competency, and integrity of the person executing the

18 statement.

19 (c) Each applicant for a permanent employee registration

20card shall have his or her fingerprints submitted to the

21Illinois State Police in an electronic format that
complies 
22with the form and manner for requesting and
furnishing 
23criminal history record information as prescribed
by the 
24Illinois State Police. These fingerprints shall
be checked 
25against the Illinois State Police and Federal
Bureau of 
26Investigation criminal history record databases now
and 
 
 
SB2136- 89 -LRB103 27172 RLC 53542 b


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

16satisfactory to the Department that an equivalent security

17clearance has been conducted. Also, an individual who has

18retired as a peace officer within 12 months of application may

19submit verification, on forms provided by the Department and

20signed by his or her employer, of his or her previous full-time 
21employment as a
peace officer.

22 (d) The Department shall issue a permanent employee

23registration card, in a form the Department prescribes, to all

24qualified applicants.
The holder of a permanent employee 
25registration card shall
carry the card at all times while 
26actually engaged in the
performance of the duties of his or her 
 
 
SB2136- 90 -LRB103 27172 RLC 53542 b


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

7identification card required by subsection (f) of this

8Section.

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

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

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

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

19  (3) All correspondence or documents relating to the

20 character and integrity of the employee received by the

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

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

24 identification card of that person issued under subsection 
25 (f)
of this Section. Each employee record shall duly note 
26 if the
employee is employed in an armed capacity. Armed 
 
 
SB2136- 91 -LRB103 27172 RLC 53542 b


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

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

25 The Department may, by rule, prescribe further
record 
26requirements.

 
 
SB2136- 92 -LRB103 27172 RLC 53542 b


1 (f) Every employer shall furnish an employee

2identification card to each of his or her employees. This

3employee identification card shall contain a recent photograph

4of the employee, the employee's name, the name and agency

5license number of the employer, the employee's personal

6description, the signature of the employer, the signature of

7that employee, the date of issuance, and an employee

8identification card number.

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

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

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

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

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

26agency may employ a person in a temporary capacity if all of

 
 
SB2136- 93 -LRB103 27172 RLC 53542 b


1the following conditions are met:

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

5 receipt and fees.

6  (2) The agency has verification from the Department

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

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

16 to be issued a permanent employee registration card.

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

18 names of all employees whose applications are currently

19 pending with the Department and submits the roster to the

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

23 An agency may employ only a permanent employee applicant

24for which it either submitted a permanent employee application

25and all required forms and fees or it confirms with the

26Department that a permanent employee application and all

 
 
SB2136- 94 -LRB103 27172 RLC 53542 b


1required forms and fees have been submitted by another agency,

2licensee or the permanent employee and all other requirements

3of this Section are met.

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

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

16if it knows or reasonably should have known that the person
has 
17been convicted of a crime under the laws of this State,
has 
18been convicted in another state of any crime that is a
crime 
19under the laws of this State, has been convicted of any
crime 
20in a federal court, or has been posted as an unapproved

21applicant by the Department. Notice by the Department to the

22agency, via certified mail, personal delivery, electronic

23mail, or posting on the Department's Internet site accessible

24to the agency that the person has been convicted of a crime

25shall be deemed constructive knowledge of the conviction on

26the part of the agency. The Department may adopt rules to

 
 
SB2136- 95 -LRB103 27172 RLC 53542 b


1implement this
subsection (k).

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

3capacity if:

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

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

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

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

11 (m) If information is discovered affecting the

12registration of a person whose fingerprints were submitted

13under this Section, the Department shall so notify the agency

14that submitted the fingerprints on behalf of that person.

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

16of this Section relating to permanent employee registration

17cards. The agency shall remain responsible for any peace

18officer employed under this exemption, regardless of whether

19the peace officer is compensated as an employee or as an

20independent contractor and as further defined by rule.

21 (o) Persons who have no access to confidential or
security 
22information, who do not go to a client's or prospective 
23client's residence or place of business, and who otherwise do 
24not provide
traditional security services are exempt from 
25employee
registration. Examples of exempt employees include, 
26but are
not limited to, employees working in the capacity of 
 
 
SB2136- 96 -LRB103 27172 RLC 53542 b


1ushers,
directors, ticket takers, cashiers, drivers, and 
2reception
personnel. Confidential or security information is 
3that which
pertains to employee files, scheduling, client 
4contracts, or
technical security and alarm data.

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





15 (225 ILCS 447/35-35)



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

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

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

19carrying, or possession of a firearm in the performance of

20those duties without complying with the provisions of this

21Section and having been issued a valid firearm control
card by 
22the Department.

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

24duties for which licensure or employee registration is 
25required and allow
that person to carry a firearm unless that 
 
 
SB2136- 97 -LRB103 27172 RLC 53542 b


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

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

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

20this Act and has met all the requirements of this Act, and who 
21is not prohibited under State or federal law from possessing a 
22firearm
possesses a valid firearm owner identification card.

23Application for the firearm control card shall be made
by the 
24employer to the Department on forms provided by the

25Department. The Department shall forward the card to the

26employer who shall be responsible for its issuance to the 
 
 
SB2136- 98 -LRB103 27172 RLC 53542 b


1licensee or
employee. The firearm control card shall be issued 
2by
the Department and shall identify the person holding it and

3the name of the course where the licensee or employee received 
4firearm
instruction and shall specify the type of weapon or 
5weapons
the person is authorized by the Department to carry 
6and for
which the person has been trained.

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

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

10disciplinary action permitted by this Act, refuse to issue,

11suspend, or revoke a firearm control card if the
applicant or 
12holder has been convicted of any felony or crime
involving the 
13illegal use, carrying, or possession of a deadly
weapon or for 
14a violation of this Act or rules adopted promulgated
under 
15this Act. The Department shall refuse to issue or shall
revoke 
16a firearm control card if the applicant or holder is 
17prohibited under State or federal law from possessing a 
18firearm
fails to possess a valid firearm owners identification 
19card without hearing.
The Secretary shall summarily suspend a 
20firearm control
card if the Secretary finds that its continued 
21use would
constitute an imminent danger to the public. A 
22hearing shall
be held before the Board within 30 days if the 
23Secretary
summarily suspends a firearm control card.

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

25contrary, all requirements relating to firearms control
cards 
26do not apply to a peace officer. If an individual ceases to be 
 
 
SB2136- 99 -LRB103 27172 RLC 53542 b


1employed as a peace officer and continues to perform services 
2in an armed capacity under this Act that are licensed 
3activities, then the individual is required to obtain a 
4permanent employee registration card pursuant to Section 35-30 
5of this Act and must possess a valid Firearm Owner's 
6Identification Card, but is not required to obtain a firearm 
7control card if the individual is otherwise in continuing 
8compliance with the federal Law Enforcement Officers Safety 
9Act of 2004. If an individual elects to carry a firearm 
10pursuant to the federal Law Enforcement Officers Safety Act of 
112004, then the agency employing the officer is required to 
12submit a notice of that election to the Department along with a 
13fee specified by rule. 

14 (h) The Department may issue a temporary firearm control 
15card pending issuance of a new firearm control card upon an 
16agency's acquiring of an established armed account. An agency 
17that has acquired armed employees as a result of acquiring an 
18established armed account may, on forms supplied by the 
19Department, request the issuance of a temporary firearm 
20control card for each acquired employee who held a valid 
21firearm control card under his or her employment with the 
22newly acquired established armed account immediately preceding 
23the acquiring of the account and who continues to meet all of 
24the qualifications for issuance of a firearm control card set 
25forth in this Act and any rules adopted under this Act. The 
26Department shall, by rule, set the fee for issuance of a 
 
 
SB2136- 100 -LRB103 27172 RLC 53542 b


1temporary firearm control card.

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

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


7 Section 50. The Mental Health and Developmental 
8Disabilities Code is amended by changing Sections 1-106, 
91-116, 6-103.1, 6-103.2, and 6-103.3 as follows:



10 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)



11 Sec. 1-106. 
"Developmental disability" means a severe, 
12chronic disability, other than mental illness, found to be 
13closely related to an intellectual disability because this 
14condition results in impairment of general intellectual 
15functioning or adaptive behavior similar to that of persons 
16with ID, and requires services similar to those required for a 
17person with an intellectual disability. In addition, a 
18developmental disability: (1) is manifested before the 
19individual reaches 22 years of age; (2) is likely to continue 
20indefinitely; (3) results in substantial functional 
21limitations in three or more of the following areas of major 
22life activity: self-care, receptive and expressive language, 
23learning, mobility, self-direction, capacity for independent 
24living, or economic self-sufficiency; and (4) reflects the 
 
 
SB2136- 101 -LRB103 27172 RLC 53542 b


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

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




10 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)



11 Sec. 1-116. Intellectual disability. "Intellectual 
12disability" means a disorder with onset during the 
13developmental period (before the individual reaches age 22), 
14that includes both intellectual and adaptive deficits in 
15conceptual, social and practical domains. The following 3 
16criteria must be met: (1) deficits in intellectual functions 
17such as reasoning, problem solving, planning, abstract 
18thinking, judgment, academic learning, and learning from 
19experience confirmed by both clinical assessment and 
20individualized, standardized intelligence testing (generally 
21indicated with an IQ score of about 70 or below), (2) deficits 
22in adaptive functioning that result in failure to meet 
23developmental and sociocultural standards for personal 
24independence and social responsibility. Without ongoing 
25support, the adaptive deficits limit functioning in one or 
 
 
SB2136- 102 -LRB103 27172 RLC 53542 b


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

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


10 (405 ILCS 5/6-103.1)
11 Sec. 6-103.1. Adjudication as a person with a mental 
12disability. When a person has been adjudicated as a person 
13with a mental disability as defined in Section 1.1 of the 
14Firearm Owners Identification Card Act, including, but not 
15limited to, an adjudication as a person with a disability as 
16defined in Section 11a-2 of the Probate Act of 1975, the court 
17shall direct
the circuit court clerk to notify the
Illinois 
18State Police, Firearm Owner's Identification
(FOID) Office, in 
19a form and manner prescribed by the Illinois State Police, and 
20shall forward a copy of the court order to the Department no 
21later than 7 days after the entry of the order. Upon receipt of 
22the order, the Illinois State Police shall provide 
23notification to the National Instant Criminal Background Check 
24System. In this Section, "has been adjudicated as a mentally 
25disabled person" means the person is the subject of a 
 
 
SB2136- 103 -LRB103 27172 RLC 53542 b


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

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

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

26 Juvenile Court Act of 1987;
 
 
SB2136- 104 -LRB103 27172 RLC 53542 b


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

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

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

13 (405 ILCS 5/6-103.2)
14 Sec. 6-103.2. Developmental disability; notice. If a 
15person 14 years old or older is determined to be a person with 
16a developmental disability by a physician, clinical 
17psychologist, or qualified examiner, the physician, clinical 
18psychologist, or qualified examiner shall notify the 
19Department of Human Services within 7 days of making the 
20determination that the person has a developmental disability. 
21The Department of Human Services shall immediately update its 
22records and information relating to mental health and 
23developmental disabilities, and if appropriate, shall notify 
24the Illinois State Police in a form and manner prescribed by 
25the Illinois State Police. Information disclosed under this 
 
 
SB2136- 105 -LRB103 27172 RLC 53542 b


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

17 In this Section, "developmentally disabled" has the 
18meaning ascribed to it in Section 12 of the Mental Health and 
19Developmental Disabilities Confidentiality Act. 
20 In For purposes of this Section, "developmental 
21disability" means a disability which is attributable to any 
22other condition which results in impairment similar to that 
23caused by an intellectual disability and which requires 
24services similar to those required by intellectually disabled 
25persons. The disability must originate before the age of 18 
26years, be expected to continue indefinitely, and constitute a 
 
 
SB2136- 106 -LRB103 27172 RLC 53542 b


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

16 (405 ILCS 5/6-103.3)
17 Sec. 6-103.3. Clear and present danger; notice. If a 
18person is determined to pose a clear and present danger to 
19himself, herself, or to others by a physician, clinical 
20psychologist, or qualified examiner, whether employed by the 
21State, by any public or private mental health facility or part 
22thereof, or by a law enforcement official or a school 
23administrator, then the physician, clinical psychologist, 
24qualified examiner shall notify the Department of Human 
25Services and a law enforcement official or school 
 
 
SB2136- 107 -LRB103 27172 RLC 53542 b


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

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

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

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

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



7 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


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

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

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

21 "Department" means the Department of Public Health.

22 "Director" means the Director of Public Health. 

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

11Development definitions of "slum" and "blighted") of housing, 
12proximity to
highway traffic or heavy local traffic or both, 
13percentage of housing
determined as rental or vacant, 
14proximity to industry using lead, established
incidence of 
15elevated blood lead levels in children, percentage of 
16population
living
below 200% of federal poverty guidelines, 
17and number of children residing in
the area who are 6 years of 
18age or younger.

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

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

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

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

7immediate health hazard to humans.

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

23lead-bearing substance does not pose an immediate
health 
24hazard to humans. 
25 "Lead poisoning" means having an elevated blood lead 
26level.

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

18the Department to be low risk for lead exposure for children 6 
19years of age or younger. The Department may consider the 
20factors named in "high risk area" to determine low
risk areas. 
21 "Owner" means any person, who alone, jointly, or severally 
22with
others:

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

24 without actual possession of the regulated facility, or

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

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

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

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



15 (430 ILCS 65/Act rep.)

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

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

20 (430 ILCS 66/25)

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

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

5 (430 ILCS 66/30)

6 Sec. 30. Contents of license application. 
7 (a) The license application shall be in writing, under 
8penalty of perjury, on a standard form adopted by the Illinois 
9State Police and shall be accompanied by the documentation 
10required in this Section and the applicable fee. Each 
11application form shall include the following statement printed 
12in bold type: "Warning: Entering false information on this 
13form is punishable as perjury under Section 32-2 of the 
14Criminal Code of 2012."
15 (b) The application shall contain the following:
16  (1) the applicant's name, current address, date and 
17 year of birth, place of birth, height, weight, hair color, 
18 eye color, maiden name or any other name the applicant has 
19 used or identified with, and any address where the 
20 applicant resided for more than 30 days within the 10 
21 years preceding the date of the license application;
22  (2) the applicant's valid driver's license number or 
23 valid state identification card number;
24  (3) a waiver of the applicant's privacy and 
25 confidentiality rights and privileges under all federal 
 
 
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1 and state laws, including those limiting access to 
2 juvenile court, criminal justice, psychological, or 
3 psychiatric records or records relating to any 
4 institutionalization of the applicant, and an affirmative 
5 request that a person having custody of any of these 
6 records provide it or information concerning it to the 
7 Illinois State Police. The waiver only applies to records 
8 sought in connection with determining whether the 
9 applicant qualifies for a license to carry a concealed 
10 firearm under this Act, or whether the applicant remains 
11 in compliance with the Firearm Owners Identification Card 
12 Act;
13  (4) an affirmation that the applicant is not 
14 prohibited under State or federal law from possessing or 
15 receiving a firearm possesses a currently valid Firearm 
16 Owner's Identification Card and card number if possessed 
17 or notice the applicant is applying for a Firearm Owner's 
18 Identification Card in conjunction with the license 
19 application;
20  (5) an affirmation that the applicant has not been 
21 convicted or found guilty of:
22   (A) a felony;
23   (B) a misdemeanor involving the use or threat of 
24 physical force or violence to any person within the 5 
25 years preceding the date of the application; or
26   (C) 2 or more violations related to driving while 
 
 
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1 under the influence of alcohol, other drug or drugs, 
2 intoxicating compound or compounds, or any combination 
3 thereof, within the 5 years preceding the date of the 
4 license application;
5  (6) whether the applicant has failed a drug test for a 
6 drug for which the applicant did not have a prescription, 
7 within the previous year, and if so, the provider of the 
8 test, the specific substance involved, and the date of the 
9 test;
10  (7) written consent for the Illinois State Police to 
11 review and use the applicant's Illinois digital driver's 
12 license or Illinois identification card photograph and 
13 signature;
14  (8) unless submitted under subsection (a-25) of 
15 Section 4 of the Firearm Owners Identification Card Act, a 
16 full set of fingerprints submitted to the Illinois State 
17 Police in electronic format, provided the Illinois State 
18 Police may accept an application submitted without a set 
19 of fingerprints, in which case the Illinois State Police 
20 shall be granted 30 days in addition to the 90 days 
21 provided under subsection (e) of Section 10 of this Act to 
22 issue or deny a license;
23  (9) a head and shoulder color photograph in a size 
24 specified by the Illinois State Police taken within the 30 
25 days preceding the date of the license application; and
26  (10) a photocopy of any certificates or other evidence 
 
 
SB2136- 119 -LRB103 27172 RLC 53542 b


1 of compliance with the training requirements under this 
2 Act.

3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22.)

5 (430 ILCS 66/40)

6 Sec. 40. Non-resident license applications. 
7 (a) For the purposes of this Section, "non-resident" means 
8a person who has not resided within this State for more than 30 
9days and resides in another state or territory.
10 (b) The Illinois State Police shall by rule allow for 
11non-resident license applications from any state or territory 
12of the United States with laws related to firearm ownership, 
13possession, and carrying, that are substantially similar to 
14the requirements to obtain a license under this Act.
15 (c) A resident of a state or territory approved by the 
16Illinois State Police under subsection (b) of this Section may 
17apply for a non-resident license. The applicant shall apply to 
18the Illinois State Police and must meet all of the 
19qualifications established in Section 25 of this Act, except 
20for the Illinois residency requirement in item (xiv) of 
21paragraph (2) of subsection (a) of Section 4 of the Firearm 
22Owners Identification Card Act. The applicant shall submit:
23  (1) the application and documentation required under 
24 Section 30 of this Act and the applicable fee;
25  (2) a notarized document stating that the applicant:
 
 
SB2136- 120 -LRB103 27172 RLC 53542 b


1   (A) is eligible under federal law and the laws of 
2 his or her state or territory of residence to own or 
3 possess a firearm;
4   (B) if applicable, has a license or permit to 
5 carry a firearm or concealed firearm issued by his or 
6 her state or territory of residence and attach a copy 
7 of the license or permit to the application;
8   (C) understands Illinois laws pertaining to the 
9 possession and transport of firearms; and
10   (D) acknowledges that the applicant is subject to 
11 the jurisdiction of the Illinois State Police and 
12 Illinois courts for any violation of this Act;
13  (3) a photocopy of any certificates or other evidence 
14 of compliance with the training requirements under Section 
15 75 of this Act; and
16  (4) a head and shoulder color photograph in a size 
17 specified by the Illinois State Police taken within the 30 
18 days preceding the date of the application.
19 (d) In lieu of an Illinois driver's license or Illinois 
20identification card, a non-resident applicant shall provide 
21similar documentation from his or her state or territory of 
22residence. The applicant shall submit In lieu of a valid 
23Firearm Owner's Identification Card, the applicant shall 
24submit documentation and information required by the Illinois 
25State Police to obtain a Firearm Owner's Identification Card, 
26including an affidavit that the non-resident meets the mental 
 
 
SB2136- 121 -LRB103 27172 RLC 53542 b


1health standards to obtain a firearm under Illinois law, and 
2the Illinois State Police shall ensure that the applicant 
3would meet the eligibility criteria under State law to possess 
4a firearm to obtain a Firearm Owner's Identification card if 
5he or she was a resident of this State.
6 (e) Nothing in this Act shall prohibit a non-resident from 
7transporting a concealed firearm within his or her vehicle in 
8Illinois, if the concealed firearm remains within his or her 
9vehicle and the non-resident:
10  (1) is not prohibited from owning or possessing a 
11 firearm under federal law;
12  (2) is eligible to carry a firearm in public under the 
13 laws of his or her state or territory of residence, as

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

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

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

23 (430 ILCS 66/66)
24 Sec. 66. Illinois State Police to monitor databases for 
25firearms prohibitors. The Illinois State Police shall 
 
 
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1continuously monitor relevant State and federal databases for 
2firearms prohibitors and correlate those records with 
3concealed carry license holders to ensure compliance with this 
4Act and any other State and federal laws. As used in this 
5Section, "firearms prohibitor" means any factor listed in 
6Section 8 or Section 8.2 of the Firearm Owners Identification 
7Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
8that prohibits a person from transferring or possessing a 
9firearm, firearm ammunition, Firearm Owner's Identification 
10Card, or concealed carry license.

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

12 (430 ILCS 66/70)
13 Sec. 70. Violations. 
14 (a) A license issued or renewed under this Act shall be 
15revoked if, at any time, the licensee is found to be ineligible 
16for a license under this Act or the licensee is prohibited from 
17possessing a firearm under State or federal law no longer 
18meets the eligibility requirements of the Firearm Owners 
19Identification Card Act.
20 (b) A license shall be suspended if an order of 
21protection, including an emergency order of protection, 
22plenary order of protection, or interim order of protection 
23under Article 112A of the Code of Criminal Procedure of 1963 or 
24under the Illinois Domestic Violence Act of 1986, or if a 
25firearms restraining order, including an emergency firearms 
 
 
SB2136- 123 -LRB103 27172 RLC 53542 b


1restraining order, under the Firearms Restraining Order Act, 
2is issued against a licensee for the duration of the order, or 
3if the Illinois State Police is made aware of a similar order 
4issued against the licensee in any other jurisdiction. If an 
5order of protection is issued against a licensee, the licensee 
6shall surrender the license, as applicable, to the court at 
7the time the order is entered or to the law enforcement agency 
8or entity serving process at the time the licensee is served 
9the order. The court, law enforcement agency, or entity 
10responsible for serving the order of protection shall notify 
11the Illinois State Police within 7 days and transmit the 
12license to the Illinois State Police.
13 (c) A license is invalid upon expiration of the license, 
14unless the licensee has submitted an application to renew the 
15license, and the applicant is otherwise eligible to possess a 
16license under this Act.
17 (d) A licensee shall not carry a concealed firearm while 
18under the influence of alcohol, other drug or drugs, 
19intoxicating compound or combination of compounds, or any 
20combination thereof, under the standards set forth in 
21subsection (a) of Section 11-501 of the Illinois Vehicle Code.
22 A licensee in violation of this subsection (d) shall be 
23guilty of a Class A misdemeanor for a first or second violation 
24and a Class 4 felony for a third violation. The Illinois State 
25Police may suspend a license for up to 6 months for a second 
26violation and shall permanently revoke a license for a third 
 
 
SB2136- 124 -LRB103 27172 RLC 53542 b


1violation.
2 (e) Except as otherwise provided, a licensee in violation 
3of this Act shall be guilty of a Class B misdemeanor. A second 
4or subsequent violation is a Class A misdemeanor. The Illinois 
5State Police may suspend a license for up to 6 months for a 
6second violation and shall permanently revoke a license for 3 
7or more violations of Section 65 of this Act. Any person 
8convicted of a violation under this Section shall pay a $150 
9fee to be deposited into the Mental Health Reporting Fund, 
10plus any applicable court costs or fees.
11 (f) A licensee convicted or found guilty of a violation of 
12this Act who has a valid license and is otherwise eligible to 
13carry a concealed firearm shall only be subject to the 
14penalties under this Section and shall not be subject to the 
15penalties under Section 21-6, paragraph (4), (8), or (10) of 
16subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
17of paragraph (3) of subsection (a) of Section 24-1.6 of the 
18Criminal Code of 2012. Except as otherwise provided in this 
19subsection, nothing in this subsection prohibits the licensee 
20from being subjected to penalties for violations other than 
21those specified in this Act.
22 (g) A licensee whose license is revoked, suspended, or 
23denied shall, within 48 hours of receiving notice of the 
24revocation, suspension, or denial, surrender his or her 
25concealed carry license to the local law enforcement agency 
26where the person resides. The local law enforcement agency 
 
 
SB2136- 125 -LRB103 27172 RLC 53542 b


1shall provide the licensee a receipt and transmit the 
2concealed carry license to the Illinois State Police. If the 
3licensee whose concealed carry license has been revoked, 
4suspended, or denied fails to comply with the requirements of 
5this subsection, the law enforcement agency where the person 
6resides may petition the circuit court to issue a warrant to 
7search for and seize the concealed carry license in the 
8possession and under the custody or control of the licensee 
9whose concealed carry license has been revoked, suspended, or 
10denied. The observation of a concealed carry license in the 
11possession of a person whose license has been revoked, 
12suspended, or denied constitutes a sufficient basis for the 
13arrest of that person for violation of this subsection. A 
14violation of this subsection is a Class A misdemeanor.
15 (h) (Blank). Except as otherwise provided in subsection 
16(h-5), a license issued or renewed under this Act shall be 
17revoked if, at any time, the licensee is found ineligible for a 
18Firearm Owner's Identification Card, or the licensee no longer 
19possesses a valid Firearm Owner's Identification Card. If the 
20Firearm Owner's Identification Card is expired or suspended 
21rather than denied or revoked, the license may be suspended 
22for a period of up to one year to allow the licensee to 
23reinstate his or her Firearm Owner's Identification Card. The 
24Illinois State Police shall adopt rules to enforce this 
25subsection. A licensee whose license is revoked under this 
26subsection (h) shall surrender his or her concealed carry 
 
 
SB2136- 126 -LRB103 27172 RLC 53542 b


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

6 (h-5) (Blank). If the Firearm Owner's Identification Card 
7of a
licensee under this Act expires during the term of the 
8license
issued under this Act, the license and the Firearm 
9Owner's
Identification Card remain valid, and the Illinois 
10State Police
may automatically renew the licensee's Firearm 
11Owner's
Identification Card as provided in subsection (c) of 
12Section 5
of the Firearm Owners Identification Card Act.
13 (i) A certified firearms instructor who knowingly provides 
14or offers to provide a false certification that an applicant 
15has completed firearms training as required under this Act is 
16guilty of a Class A misdemeanor. A person guilty of a violation 
17of this subsection (i) is not eligible for court supervision. 
18The Illinois State Police shall permanently revoke the 
19firearms instructor certification of a person convicted under 
20this subsection (i). 
21(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
22102-813, eff. 5-13-22.)

23 (430 ILCS 66/80)
24 Sec. 80. Certified firearms instructors. 
25 (a) Within 60 days of the effective date of this Act, the 
 
 
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1Illinois State Police shall begin approval of certified 
2firearms instructors and enter certified firearms instructors 
3into an online registry on the Illinois State Police's 
4website.
5 (b) A person who is not a certified firearms instructor 
6shall not teach applicant training courses or advertise or 
7otherwise represent courses they teach as qualifying their 
8students to meet the requirements to receive a license under 
9this Act. Each violation of this subsection is a business 
10offense with a fine of at least $1,000 per violation.
11 (c) A person seeking to become a certified firearms 
12instructor shall:
13  (1) be at least 21 years of age;
14  (2) be a legal resident of the United States; and
15  (3) meet the requirements of Section 25 of this Act, 
16 except for the Illinois residency
requirement in item 
17 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
18 the Firearm
Owners Identification Card Act; and any 
19 additional uniformly applied requirements established by 
20 the Illinois State Police.
21 (d) A person seeking to become a certified firearms 
22instructor, in addition to the requirements of subsection (c) 
23of this Section, shall:
24  (1) possess a high school diploma or State of Illinois 
25 High School Diploma; and
26  (2) have at least one of the following valid firearms 
 
 
SB2136- 128 -LRB103 27172 RLC 53542 b


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

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

19 (430 ILCS 66/105)

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

25designee, to report to the Illinois State Police when a 
 
 
SB2136- 129 -LRB103 27172 RLC 53542 b


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

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

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



12 (430 ILCS 67/35)



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

14 (a) A petitioner may request an emergency firearms 
15restraining order by filing an affidavit or verified pleading 
16alleging that the respondent poses an immediate and present 
17danger of causing personal injury to himself, herself, or 
18another by having in his or her custody or control, 
19purchasing, possessing, or receiving a firearm, ammunition, or 
20firearm parts
that could be assembled to make an operable 
21firearm. The petition shall also describe the type and 
22location of any firearm or firearms, ammunition, or firearm 
23parts
that could be assembled to make an operable firearm 
24presently believed by the petitioner to be possessed or 
 
 
SB2136- 130 -LRB103 27172 RLC 53542 b


1controlled by the respondent.

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

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

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

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

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

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

9 and
10  (2) the respondent to comply with Section 9.5 of the 
11 Firearm Owners Identification Card Act and subsection (g) 
12 of Section 70 of the Firearm Concealed Carry Act.
13 (h) Except as otherwise provided in subsection (h-5) of 
14this Section, upon expiration of the period of safekeeping, if 
15the firearms, ammunition, and firearm parts that could
be 
16assembled to make an operable firearm or Firearm Owner's 
17Identification Card and concealed carry license cannot be 
18returned to the respondent because the respondent cannot be 
19located, fails to respond to requests to retrieve the 
20firearms, or is not lawfully eligible to possess a firearm, 
21ammunition, or firearm parts
that could be assembled to make 
22an operable firearm, upon petition from the local law 
23enforcement agency, the court may order the local law 
24enforcement agency to destroy the firearms, ammunition, and 
25firearm parts that could
be assembled to make an operable 
26firearm, use the firearms, ammunition, and firearm parts that 
 
 
SB2136- 133 -LRB103 27172 RLC 53542 b


1could
be assembled to make an operable firearm for training 
2purposes, or use the firearms, ammunition, and firearm parts 
3that could
be assembled to make an operable firearm for any 
4other application as deemed appropriate by the local law 
5enforcement agency.

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


20(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
21102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
225-13-22.)



23 (430 ILCS 67/40)



24 Sec. 40. Plenary orders.

25 (a) A petitioner may request a firearms restraining order 
 
 
SB2136- 136 -LRB103 27172 RLC 53542 b


1for up to one year by filing an affidavit or verified pleading 
2alleging that the respondent poses a significant danger of 
3causing personal injury to himself, herself, or another in the 
4near future by having in his or her custody or control, 
5purchasing, possessing, or receiving a firearm, ammunition, 
6and firearm parts that could
be assembled to make an operable 
7firearm. The petition shall also describe the number, types, 
8and locations of any firearms, ammunition, and firearm parts 
9that could
be assembled to make an operable firearm presently 
10believed by the petitioner to be possessed or controlled by 
11the respondent.
The firearms restraining order may be renewed 
12for an additional period of up to one year in accordance with 
13Section 45 of this Act. 
14 (b) If the respondent is alleged to pose a significant 
15danger of causing personal injury to an intimate partner, or 
16an intimate partner is alleged to have been the target of a 
17threat or act of violence by the respondent, the petitioner 
18shall make a good faith effort to provide notice to any and all 
19intimate partners of the respondent. The notice must include 
20the duration of time that the petitioner intends to petition 
21the court for a firearms restraining order, and, if the 
22petitioner is a law enforcement officer, referral to relevant 
23domestic violence or stalking advocacy or counseling 
24resources, if appropriate. The petitioner shall attest to 
25having provided the notice in the filed affidavit or verified 
26pleading. If, after making a good faith effort, the petitioner 
 
 
SB2136- 137 -LRB103 27172 RLC 53542 b


1is unable to provide notice to any or all intimate partners, 
2the affidavit or verified pleading should describe what 
3efforts were made.
4 (c) Every person who files a petition for a plenary 
5firearms restraining order, knowing the information provided 
6to the court at any hearing or in the affidavit or verified 
7pleading to be false, is guilty of perjury under Section 32-2 
8of the Criminal Code of 2012.

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

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

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

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

22  (3) Any prior arrest of the respondent for a felony 
23 offense.
24  (4) Evidence of the abuse of controlled substances or 
25 alcohol by the respondent.
26  (5) A recent threat of violence or act of violence by 
 
 
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1 the respondent directed toward himself, herself, or 
2 another.
3  (6) A violation of an emergency order of protection 
4 issued under Section 217 of the Illinois Domestic Violence 
5 Act of 1986 or Section 112A-17 of the Code of Criminal 
6 Procedure of 1963 or of an order of protection issued 
7 under Section 214 of the Illinois Domestic Violence Act of 
8 1986 or Section 112A-14 of the Code of Criminal Procedure 
9 of 1963.

10  (7) A pattern of violent acts or violent threats, 
11 including, but not limited to, threats of violence or acts 
12 of violence by the respondent directed toward himself, 
13 herself, or another.
14 (f) At the hearing, the petitioner shall have the burden 
15of proving, by clear and convincing evidence, that the 
16respondent poses a significant danger of personal injury to 
17himself, herself, or another by having in his or her custody or 
18control, purchasing, possessing, or receiving a firearm, 
19ammunition, and firearm parts that could be assembled to make 
20an operable firearm.
21 (g) If the court finds that there is clear and convincing 
22evidence to issue a plenary firearms restraining order, the 
23court shall issue a firearms restraining order that shall be 
24in effect for up to one year, but not less than 6 months, 
25subject to renewal under Section 45 of this Act or termination 
26under that Section. 
 
 
SB2136- 139 -LRB103 27172 RLC 53542 b


1 (g-5) If the court issues a plenary firearms restraining 
2order, it shall, upon a finding of probable cause that the 
3respondent possesses firearms, ammunition, and firearm parts 
4that could
be assembled to make an operable firearm, issue a 
5search warrant directing a law enforcement agency to seize the 
6respondent's firearms, ammunition, and firearm parts that 
7could
be assembled to make an operable firearm. The court may, 
8as part of that warrant, direct the law enforcement agency to 
9search the respondent's residence and other places where the 
10court finds there is probable cause to believe he or she is 
11likely to possess the firearms, ammunition, and firearm parts 
12that could
be assembled to make an operable firearm. A return 
13of the search warrant shall be filed by the law enforcement 
14agency within 4 days thereafter, setting forth the time, date, 
15and location that the search warrant was executed and what 
16items, if any, were seized. 
17 (h) A plenary firearms restraining order shall require:
18  (1) the respondent to refrain from having in his or 
19 her custody or control, purchasing, possessing, or 
20 receiving additional firearms, ammunition, and firearm 
21 parts that could
be assembled to make an operable firearm 
22 for the duration of the order under Section 8.2 of the 
23 Firearm Owners Identification Card Act; and
24  (2) the respondent to comply with Section 9.5 of the 
25 Firearm Owners Identification Card Act and subsection (g) 
26 of Section 70 of the Firearm Concealed Carry Act.
 
 
SB2136- 140 -LRB103 27172 RLC 53542 b


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

22a local law enforcement agency Firearm Owner's Identification 
23Card has been revoked or suspended may petition the court, if 
24the petitioner is present in court or has notice of the 
25respondent's petition, to transfer the respondent's firearm, 
26ammunition, and firearm parts that could
be assembled to make 
 
 
SB2136- 141 -LRB103 27172 RLC 53542 b


1an operable firearm to a person who is lawfully able to possess 
2the firearm, ammunition, and firearm parts that could
be 
3assembled to make an operable firearm if the person does not 
4reside at the same address as the respondent. Notice of the 
5petition shall be served upon the person protected by the 
6emergency firearms restraining order. While the order is in 
7effect, the transferee who receives the respondent's firearms, 
8ammunition, and firearm parts that could be assembled to make 
9an operable firearm must swear or affirm by affidavit that he 
10or she shall not transfer the firearm, ammunition, and firearm 
11parts that could
be assembled to make an operable firearm to 
12the respondent or to anyone residing in the same residence as 
13the respondent.
14 (i-6) If a person other than the respondent claims title 
15to any firearms, ammunition, and firearm parts that could
be 
16assembled to make an operable firearm surrendered under this 
17Section, he or she may petition the court, if the petitioner is 
18present in court or has notice of the petition, to have the 
19firearm, ammunition, and firearm parts that could be assembled 
20to make an operable firearm returned to him or her. If the 
21court determines that person to be the lawful owner of the 
22firearm, ammunition, and firearm parts that could be assembled 
23to make an operable firearm, the firearm, ammunition, and 
24firearm parts that could
be assembled to make an operable 
25firearm shall be returned to him or her, provided that:
26  (1) the firearm,
ammunition, and firearm parts that 
 
 
SB2136- 142 -LRB103 27172 RLC 53542 b


1 could be assembled to make
an operable firearm are removed 
2 from the respondent's custody, control, or possession and 
3 the lawful owner agrees to store the firearm, ammunition, 
4 and firearm parts that could
be assembled to make an 
5 operable firearm in a manner such that the respondent does 
6 not have access to or control of the firearm, ammunition, 
7 and firearm parts that could
be assembled to make an 
8 operable firearm; and
9  (2) the firearm,
ammunition, and firearm parts that 
10 could be assembled to make
an operable firearm are not 
11 otherwise unlawfully possessed by the owner.
12 The person petitioning for the return of his or her 
13firearm, ammunition, and firearm parts that could
be assembled 
14to make an operable firearm must swear or affirm by affidavit 
15that he or she: (i) is the lawful owner of the firearm, 
16ammunition, and firearm parts that could be assembled to make 
17an operable firearm; (ii) shall not transfer the firearm, 
18ammunition, and firearm parts that could
be assembled to make 
19an operable firearm to the respondent; and (iii) will store 
20the firearm, ammunition, and firearm parts that could be 
21assembled to make an operable firearm in a manner that the 
22respondent does not have access to or control of the firearm, 
23ammunition, and firearm parts that could
be assembled to make 
24an operable firearm. 
25 (j) If the court does not issue a firearms restraining 
26order at the hearing, the court shall dissolve any emergency 
 
 
SB2136- 143 -LRB103 27172 RLC 53542 b


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

8(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
9102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
105-13-22; 102-1116, eff. 1-10-23.)

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

14 (430 ILCS 68/5-20)

15 Sec. 5-20. Additional licensee requirements. 
16 (a) A certified licensee shall make a photo copy of a 
17buyer's or transferee's valid photo identification card 
18whenever a firearm sale transaction takes place. The photo 
19copy shall be attached to the documentation detailing the 
20record of sale.
21 (b) A certified licensee shall post in a conspicuous 
22position on the premises where the licensee conducts business 
23a sign that contains the following warning in block letters 
24not less than one inch in height:
 
 
SB2136- 144 -LRB103 27172 RLC 53542 b


1  "With few exceptions enumerated in the Criminal Code 
2 of 2012 Firearm Owners Identification Card Act, it is 
3 unlawful for you to:
4   (A) store or leave an unsecured firearm in a place 
5 where a child can obtain access to it;
or 
6   (B) sell or transfer your firearm to someone else 
7 without receiving approval for the transfer from the 
8 Illinois State Police, or
9   (B) (C) fail to report the loss or theft of your 
10 firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Illinois State Police and 
12made available for printing or downloading from the Illinois 
13State Police's website.
14 (c) No retail location established after the effective 
15date of this Act shall be located within 500 feet of any 
16school, pre-school, or day care facility in existence at its 
17location before the retail location is established as measured 
18from the nearest corner of the building holding the retail 
19location to the corner of the school, pre-school, or day care 
20facility building nearest the retail location at the time the 
21retail location seeks licensure.

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

23 (430 ILCS 68/5-25)

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

25to the certification of a license do not apply to a
person or 
 
 
SB2136- 145 -LRB103 27172 RLC 53542 b


1entity that engages in the following
activities:
2  (1) temporary transfers of firearms solely for use at 
3 the
location or on the premises where the transfer takes 
4 place,
such as transfers at a shooting range for use at 
5 that location;
6  (2) temporary transfers of firearms solely for use 
7 while in
the presence of the transferor or transfers for 
8 the
purposes of firearm safety training by a firearms 
9 safety training instructor;
10  (3) transfers of firearms among immediate family or

11 household members, as "immediate family or household 
12 member" is
defined in Section 3-2.7-10 of the Unified Code 
13 of Corrections, provided that both the transferor and 
14 transferee are not prohibited from possessing a firearm 
15 under federal or State law have a currently valid Firearm 
16 Owner's Identification Card; however, this paragraph (3) 
17 does not limit the familial gift exemption under paragraph 
18 (2) of subsection (a-15) of Section 3 of the Firearm 
19 Owners Identification Card Act;
20  (4) transfers by persons or entities acting under 
21 operation
of law or a court order;
22  (5) transfers by persons or entities liquidating all 
23 or
part of a collection. For purposes of this paragraph 
24 (5),
"collection" means 2 or more firearms which are of 
25 special
interest to collectors by reason of some quality 
26 other than is
associated with firearms intended for 
 
 
SB2136- 146 -LRB103 27172 RLC 53542 b


1 sporting use or as
offensive or defensive weapons;
2  (6) transfers of firearms that have been rendered

3 permanently inoperable to a nonprofit historical society,

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

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

12 federal law, between collectors licensed under subsection 
13 (b)
of Section 923 of the federal Gun Control Act of 1968;
14  (10) transfers by a person or entity licensed as an 
15 auctioneer under the Auction License Act;
16  (10.5) transfers of firearms to a resident registered 
17 competitor or attendee or non-resident registered 
18 competitor or attendee by a licensed federal firearms 
19 dealer under Section 923 of the federal Gun Control Act of 
20 1968 at a competitive shooting event held at the World 
21 Shooting and Recreational Complex that is sanctioned by a 
22 national governing body; or 
23  (11) transfers between a pawnshop and a customer which 
24 amount to a bailment. For purposes of this paragraph (11), 
25 "bailment" means the act of placing property in the 
26 custody and control of another, by agreement in which the 
 
 
SB2136- 147 -LRB103 27172 RLC 53542 b


1 holder is responsible for the safekeeping and return of 
2 the property. 

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

4 (430 ILCS 68/5-40)

5 Sec. 5-40. Qualifications for operation. 
6 (a) Each certified licensee shall submit with each 
7application for certification or renewal an affidavit to the 
8Illinois State Police stating that each owner, employee, or 
9other agent of the certified licensee who sells or conducts 
10transfers of firearms for the certified licensee is at least 
1121 years of age, has a currently valid Firearm Owner's 
12Identification Card and, for a renewal, has completed the 
13training required under Section 5-30. The affidavit must also 
14contain the name and Firearm Owner's Identification Card 
15number of each owner, employee, or other agent who sells or 
16conducts transfers of firearms for the certified licensee. If 
17an owner, employee, or other agent of the certified licensee 
18is not otherwise a resident of this State, the certified 
19licensee shall submit an affidavit stating that the owner, 
20employee, or other agent has undergone a background check and 
21is not prohibited from owning or possessing firearms.
22 (b) In addition to the affidavit required under subsection 
23(a), within 30 days of a new owner, employee, or other agent 
24beginning selling or conducting transfers of firearms for the 
25certified licensee, the certified licensee shall submit an 
 
 
SB2136- 148 -LRB103 27172 RLC 53542 b


1affidavit to the Illinois State Police stating the date that 
2the new owner, employee, or other agent began selling or 
3conducting transfers of firearms for the certified licensee, 
4and providing the information required in subsection (a) for 
5that new owner, employee, or other agent.
6 (c) If a certified licensee has a license, certificate, or 
7permit to sell, lease, transfer, purchase, or possess firearms 
8issued by the federal government or the government of any 
9state revoked or suspended for good cause within the preceding 
104 years, the Illinois State Police may consider revoking or 
11suspending the certified licenses in this State. In making a 
12determination of whether or not to revoke or suspend a 
13certified license in this State, the Illinois State Police 
14shall consider the number of retail locations the certified 
15licensee or any related person or entity operates in this 
16State or in other states under the same or different business 
17names, and the severity of the infraction in the state in which 
18a license was revoked or suspended.
19 (d) Applications and affidavits required under this 
20Section are not subject to disclosure by the Illinois State 
21Police under the Freedom of Information Act.

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

23 (430 ILCS 68/5-85)

24 Sec. 5-85. Disciplinary sanctions. 
25 (a) For violations of this Act not penalized under Section

 
 
SB2136- 149 -LRB103 27172 RLC 53542 b


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

2restore, or may reprimand, place on probation, suspend, 
3revoke,
or take other disciplinary or non-disciplinary action 
4against
any licensee, and may impose a fine commensurate with 
5the severity of the violation not to exceed $10,000 for each

6violation for any of the following, consistent with the 
7Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
8through 7903:

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

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

12 demonstrates incapacity or incompetency to practice under

13 this Act.

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

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

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

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

20 contendere to any crime that disqualifies the person from

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

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

24 unfit to practice due to any of the following:

25   (A) Any circumstance that disqualifies the person

26 from obtaining a firearm valid Firearm Owner's 
 
 
SB2136- 150 -LRB103 27172 RLC 53542 b


1 Identification
Card or concealed carry license.

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

3 defined in law as controlled substances, alcohol, or

4 any other substance that results in the inability to

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

7 for any firearms sold or transferred illegally.

8  (8) Discipline by another United States jurisdiction,

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

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

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

13 licensee by the Illinois State Police.

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

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

22within 90 days after the effective date of the final order 
23imposing
the fine.

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

25 Section 70. The Wildlife Code is amended by changing 
 
 
SB2136- 151 -LRB103 27172 RLC 53542 b


1Sections 3.2 and 3.2a as follows:



2 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



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

14names and mailing addresses of the agents. Each clerk or his 
15duly
designated agent shall be authorized to sell licenses and 
16stamps only
within the territorial area for which he was 
17elected or appointed. No duly
designated agent is authorized 
18to furnish licenses or stamps for
issuance by any other 
19business establishment. Each
application shall be executed and 
20sworn to and shall set forth the name
and description of the 
21applicant and place of residence.

22 No hunting license shall be issued to any person born on or 
23after January
1,
1980
unless he presents the person authorized 
24to issue the license
evidence that he has held a hunting 
25license issued by the State of Illinois
or another state in a 
 
 
SB2136- 152 -LRB103 27172 RLC 53542 b


1prior year, or a certificate of competency as
provided in this 
2Section. Persons under 18 years of age may be issued a
Lifetime 
3Hunting or Sportsmen's Combination License as provided under 
4Section
20-45 of the Fish and Aquatic Life Code but shall not 
5be entitled to hunt alone, without the supervision of an adult 
6age 21 or older,
unless they have a certificate of competency 
7as provided in this Section and
the certificate is in their 
8possession while hunting.

9 The Department of Natural Resources shall authorize

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

14the State. Persons successfully completing the course shall 
15receive a
certificate of competency. The Department of Natural 
16Resources may further
cooperate with any reputable association 
17or organization in establishing
courses if the organization 
18has as one of its objectives the promotion of
safety in the 
19handling of firearms or bow and arrow.

20 The Department of Natural Resources shall designate any

21person found by it
to be competent to give instruction in the 
22handling of firearms, hunter
safety, and bow and arrow. The 
23persons so appointed shall give the
course of instruction and 
24upon the successful completion shall
issue to the person 
25instructed a certificate of competency in the safe
handling of 
26firearms, hunter safety, and bow and arrow. No charge shall
be 
 
 
SB2136- 153 -LRB103 27172 RLC 53542 b


1made for any course of instruction except for materials or 
2ammunition
consumed. The Department of Natural Resources shall

3furnish information on
the requirements of hunter safety 
4education programs to be distributed
free of charge to 
5applicants for hunting licenses by the persons
appointed and 
6authorized to issue licenses. Funds for the conducting of

7firearms and hunter safety courses shall be taken from the fee 
8charged
for the Firearm Owners Identification Card.

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

18Illinois. Veterans must provide to the Department acceptable 
19verification of their service. The Department shall establish 
20by administrative rule the procedure by which such 
21verification of service shall be made to the Department for 
22the purpose of issuing resident veterans hunting
licenses at a 
23reduced fee. The fee for a hunting license to hunt all species 
24shall be $1 for residents over 75 years of age. Nonresidents 
25shall be charged $57 for a hunting license.

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

3 A special nonresident hunting license authorizing a 
4nonresident to
take game birds by hunting on a game breeding 
5and hunting preserve
area only, established under Section 
63.27, shall be issued upon proper
application being made and 
7payment of a fee equal to that for a resident
hunting license. 
8The expiration date of this license shall be on the same
date 
9each year that game breeding and hunting preserve
area 
10licenses expire.

11 Each applicant for a State Migratory Waterfowl Stamp, 
12regardless of
his residence or other condition, shall pay a 
13fee of $15 and
shall receive a stamp. The fee for a State 
14Migratory Waterfowl Stamp shall be waived for residents over 
1575 years of age. Except as provided under
Section 20-45 of the 
16Fish and Aquatic Life Code,
the stamp shall be signed by the 
17person or affixed to his license
or permit in a space 
18designated by the Department for that purpose.

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

24Code, the stamp shall be signed by the person or affixed to his 
25license or
permit in a space designated by the Department for 
26that purpose.

 
 
SB2136- 155 -LRB103 27172 RLC 53542 b


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

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

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

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

23 For the purposes of this Section, "acceptable 
24verification" means official documentation from the Department 
25of Defense or the appropriate Major Command showing 
26mobilization dates or service abroad dates, including: (i) a 
 
 
SB2136- 156 -LRB103 27172 RLC 53542 b


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






16 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



17 Sec. 3.2a. 
Every person holding any license, permit or 
18stamp issued under the
provisions hereof shall have it in his 
19possession for immediate
presentation for inspection to the 
20officers and authorized employees of
the Department, any 
21sheriff, deputy sheriff or any other peace officer making
a 
22demand for it.
This provision shall not apply to Department 
23owned or managed sites where
it is required that all hunters 
24deposit their license or , permit or Firearm
Owner's 
25Identification Card at the check station upon entering the 
 
 
SB2136- 157 -LRB103 27172 RLC 53542 b


1hunting areas. 

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



3 Section 75. The Criminal Code of 2012 is amended by 
4changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
524-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
624-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
7adding Section 24-4.5 as follows:




8 (720 ILCS 5/2-7.1)



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

20have the meanings ascribed to them in Section 1.1 of the 
21Firearm
Owners Identification Card Act.

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





23 (720 ILCS 5/2-7.5)



 
 
SB2136- 158 -LRB103 27172 RLC 53542 b


1 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
2specific
Section, "firearm" means any device, by whatever name 
3known, which is designed to expel a projectile or projectiles 
4by the action of an explosion, expansion of gas or escape of 
5gas; excluding, however:
6 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
7gun which
expels a single globular projectile not exceeding 
8.18 inch in
diameter or which has a maximum muzzle velocity of 
9less than 700 feet
per second;
10 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
11B-B gun which expels breakable paint balls containing washable 
12marking colors; 
13 (2) any device used exclusively for signaling or
safety 
14and required or recommended by the United States Coast Guard 
15or the Interstate Commerce Commission;
16 (3) any device used exclusively for the firing of
stud 
17cartridges, explosive rivets, or similar industrial 
18ammunition; and
19 (4) an antique firearm (other than a machine-gun)
which, 
20although designed as a weapon, the Illinois State Police finds 
21by reason of the date of its manufacture, value, design, and 
22other characteristics is primarily a collector's item and is 
23not likely to be used as a weapon has the meaning ascribed to 
24it in Section 1.1 of the
Firearm Owners Identification Card 
25Act.

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



 
 
SB2136- 159 -LRB103 27172 RLC 53542 b


1 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


2 Sec. 12-3.05. Aggravated battery. 

3 (a) Offense based on injury. A person commits aggravated 
4battery when, in committing a battery, other than by the 
5discharge of a firearm, he or she knowingly does any of the 
6following:
7  (1) Causes great bodily harm or permanent disability 
8 or disfigurement.
9  (2) Causes severe and permanent disability, great 
10 bodily harm, or disfigurement by means of a caustic or 
11 flammable substance, a poisonous gas, a deadly biological 
12 or chemical contaminant or agent, a radioactive substance, 
13 or a bomb or explosive compound.
14  (3) Causes great bodily harm or permanent disability 
15 or disfigurement to an individual whom the person knows to 
16 be a peace officer, community policing volunteer, fireman, 
17 private security officer, correctional institution 
18 employee, or Department of Human Services employee 
19 supervising or controlling sexually dangerous persons or 
20 sexually violent persons:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
 
 
SB2136- 160 -LRB103 27172 RLC 53542 b


1  (4) Causes great bodily harm or permanent disability 
2 or disfigurement to an individual 60 years of age or 
3 older.
4  (5) Strangles another individual. 
5 (b) Offense based on injury to a child or person with an 
6intellectual disability. A person who is at least 18 years of 
7age commits aggravated battery when, in committing a battery, 
8he or she knowingly and without legal justification by any 
9means:
10  (1) causes great bodily harm or permanent disability 
11 or disfigurement to any child under the age of 13 years, or 
12 to any person with a severe or profound intellectual 
13 disability; or
14  (2) causes bodily harm or disability or disfigurement 
15 to any child under the age of 13 years or to any person 
16 with a severe or profound intellectual disability. 
17 (c) Offense based on location of conduct. A person commits 
18aggravated battery when, in committing a battery, other than 
19by the discharge of a firearm, he or she is or the person 
20battered is on or about a public way, public property, a public 
21place of accommodation or amusement, a sports venue, or a 
22domestic violence shelter, or in a church, synagogue, mosque, 
23or other building, structure, or place used for religious 
24worship.
25 (d) Offense based on status of victim. A person commits 
26aggravated battery when, in committing a battery, other than 
 
 
SB2136- 161 -LRB103 27172 RLC 53542 b


1by discharge of a firearm, he or she knows the individual 
2battered to be any of the following:
3  (1) A person 60 years of age or older.
4  (2) A person who is pregnant or has a physical 
5 disability.
6  (3) A teacher or school employee upon school grounds 
7 or grounds adjacent to a school or in any part of a 
8 building used for school purposes.
9  (4) A peace officer, community policing volunteer, 
10 fireman, private security officer, correctional 
11 institution employee, or Department of Human Services 
12 employee supervising or controlling sexually dangerous 
13 persons or sexually violent persons:
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  (5) A judge, emergency management worker, emergency 
20 medical services personnel, or utility worker:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (6) An officer or employee of the State of Illinois, a 
 
 
SB2136- 162 -LRB103 27172 RLC 53542 b


1 unit of local government, or a school district, while 
2 performing his or her official duties.
3  (7) A transit employee performing his or her official 
4 duties, or a transit passenger.
5  (8) A taxi driver on duty.
6  (9) A merchant who detains the person for an alleged 
7 commission of retail theft under Section 16-26 of this 
8 Code and the person without legal justification by any 
9 means causes bodily harm to the merchant.
10  (10) A person authorized to serve process under 
11 Section 2-202 of the Code of Civil Procedure or a special 
12 process server appointed by the circuit court while that 
13 individual is in the performance of his or her duties as a 
14 process server.
15  (11) A nurse while in the performance of his or her 
16 duties as a nurse. 
17  (12) A merchant: (i) while performing his or her 
18 duties, including, but not limited to, relaying directions 
19 for healthcare or safety from his or her supervisor or 
20 employer or relaying health or safety guidelines, 
21 recommendations, regulations, or rules from a federal, 
22 State, or local public health agency; and (ii) during a 
23 disaster declared by the Governor, or a state of emergency 
24 declared by the mayor of the municipality in which the 
25 merchant is located, due to a public health emergency and 
26 for a period of 6 months after such declaration. 
 
 
SB2136- 163 -LRB103 27172 RLC 53542 b


1 (e) Offense based on use of a firearm. A person commits 
2aggravated battery when, in committing a battery, he or she 
3knowingly does any of the following:
4  (1) Discharges a firearm, other than a machine gun or 
5 a firearm equipped with a silencer, and causes any injury 
6 to another person.
7  (2) Discharges a firearm, other than a machine gun or 
8 a firearm equipped with a silencer, and causes any injury 
9 to a person he or she knows to be a peace officer, 
10 community policing volunteer, person summoned by a police 
11 officer, fireman, private security officer, correctional 
12 institution employee, or emergency management worker:
13   (i) performing his or her official duties;
14   (ii) battered to prevent performance of his or her 
15 official duties; or
16   (iii) battered in retaliation for performing his 
17 or her official duties.
18  (3) Discharges a firearm, other than a machine gun or 
19 a firearm equipped with a silencer, and causes any injury 
20 to a person he or she knows to be emergency medical 
21 services personnel:
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.
 
 
SB2136- 164 -LRB103 27172 RLC 53542 b


1  (4) Discharges a firearm and causes any injury to a 
2 person he or she knows to be a teacher, a student in a 
3 school, or a school employee, and the teacher, student, or 
4 employee is upon school grounds or grounds adjacent to a 
5 school or in any part of a building used for school 
6 purposes.
7  (5) Discharges a machine gun or a firearm equipped 
8 with a silencer, and causes any injury to another person.
9  (6) Discharges a machine gun or a firearm equipped 
10 with a silencer, and causes any injury to a person he or 
11 she knows to be a peace officer, community policing 
12 volunteer, person summoned by a police officer, fireman, 
13 private security officer, correctional institution 
14 employee or emergency management worker:
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  (7) Discharges a machine gun or a firearm equipped 
21 with a silencer, and causes any injury to a person he or 
22 she knows to be emergency medical 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 
 
 
SB2136- 165 -LRB103 27172 RLC 53542 b


1 or her official duties.
2  (8) Discharges a machine gun or a firearm equipped 
3 with a silencer, and causes any injury to a person he or 
4 she knows to be a teacher, or a student in a school, or a 
5 school employee, and the teacher, student, or employee is 
6 upon school grounds or grounds adjacent to a school or in 
7 any part of a building used for school purposes. 
8 (f) Offense based on use of a weapon or device. A person 
9commits aggravated battery when, in committing a battery, he 
10or she does any of the following:
11  (1) Uses a deadly weapon other than by discharge of a 
12 firearm, or uses an air rifle as defined in Section 
13 24.8-0.1 of this Code.
14  (2) Wears a hood, robe, or mask to conceal his or her 
15 identity.
16  (3) Knowingly and without lawful justification shines 
17 or flashes a laser gunsight or other laser device attached 
18 to a firearm, or used in concert with a firearm, so that 
19 the laser beam strikes upon or against the person of 
20 another.
21  (4) Knowingly video or audio records the offense with 
22 the intent to disseminate the recording. 
23 (g) Offense based on certain conduct. A person commits 
24aggravated battery when, other than by discharge of a firearm, 
25he or she does any of the following:
26  (1) Violates Section 401 of the Illinois Controlled 
 
 
SB2136- 166 -LRB103 27172 RLC 53542 b


1 Substances Act by unlawfully delivering a controlled 
2 substance to another and any user experiences great bodily 
3 harm or permanent disability as a result of the injection, 
4 inhalation, or ingestion of any amount of the controlled 
5 substance.
6  (2) Knowingly administers to an individual or causes 
7 him or her to take, without his or her consent or by threat 
8 or deception, and for other than medical purposes, any 
9 intoxicating, poisonous, stupefying, narcotic, 
10 anesthetic, or controlled substance, or gives to another 
11 person any food containing any substance or object 
12 intended to cause physical injury if eaten.
13  (3) Knowingly causes or attempts to cause a 
14 correctional institution employee or Department of Human 
15 Services employee to come into contact with blood, seminal 
16 fluid, urine, or feces by throwing, tossing, or expelling 
17 the fluid or material, and the person is an inmate of a 
18 penal institution or is a sexually dangerous person or 
19 sexually violent person in the custody of the Department 
20 of Human Services.
21 (h) Sentence. Unless otherwise provided, aggravated 
22battery is a Class 3 felony.
23 Aggravated battery as defined in subdivision (a)(4), 
24(d)(4), or (g)(3) is a Class 2 felony.
25 Aggravated battery as defined in subdivision (a)(3) or 
26(g)(1) is a Class 1 felony.
 
 
SB2136- 167 -LRB103 27172 RLC 53542 b


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

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

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

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

24 state. 
25 Aggravated battery as defined in subdivision (e)(1) is a 
26Class X felony.
 
 
SB2136- 168 -LRB103 27172 RLC 53542 b


1 Aggravated battery as defined in subdivision (a)(2) is a 
2Class X felony for which a person shall be sentenced to a term 
3of imprisonment of a minimum of 6 years and a maximum of 45 
4years.
5 Aggravated battery as defined in subdivision (e)(5) is a 
6Class X felony for which a person shall be sentenced to a term 
7of imprisonment of a minimum of 12 years and a maximum of 45 
8years.
9 Aggravated battery as defined in subdivision (e)(2), 
10(e)(3), or (e)(4) is a Class X felony for which a person shall 
11be sentenced to a term of imprisonment of a minimum of 15 years 
12and a maximum of 60 years.
13 Aggravated battery as defined in subdivision (e)(6), 
14(e)(7), or (e)(8) is a Class X felony for which a person shall 
15be sentenced to a term of imprisonment of a minimum of 20 years 
16and a maximum of 60 years.
17 Aggravated battery as defined in subdivision (b)(1) is a 
18Class X felony, except that:
19  (1) if the person committed the offense while armed 
20 with a firearm, 15 years shall be added to the term of 
21 imprisonment imposed by the court;
22  (2) if, during the commission of the offense, the 
23 person personally discharged a firearm, 20 years shall be 
24 added to the term of imprisonment imposed by the court;
25  (3) if, during the commission of the offense, the 
26 person personally discharged a firearm that proximately 
 
 
SB2136- 169 -LRB103 27172 RLC 53542 b


1 caused great bodily harm, permanent disability, permanent 
2 disfigurement, or death to another person, 25 years or up 
3 to a term of natural life shall be added to the term of 
4 imprisonment imposed by the court.
5 (i) Definitions. In this Section:
6 "Building or other structure used to provide shelter" has 
7the meaning ascribed to "shelter" in Section 1 of the Domestic 
8Violence Shelters Act.
9 "Domestic violence" has the meaning ascribed to it in 
10Section 103 of the Illinois Domestic Violence Act of 1986.
11 "Domestic violence shelter" means any building or other 
12structure used to provide shelter or other services to victims 
13or to the dependent children of victims of domestic violence 
14pursuant to the Illinois Domestic Violence Act of 1986 or the 
15Domestic Violence Shelters Act, or any place within 500 feet 
16of such a building or other structure in the case of a person 
17who is going to or from such a building or other structure.
18 "Firearm" has the meaning provided under Section 2-7.5 of 
19this Code 1.1
of the Firearm Owners Identification Card Act, 
20and does
not include an air rifle as defined by Section 
2124.8-0.1 of this Code. 
22 "Machine gun" has the meaning ascribed to it in Section 
2324-1 of this Code.
24 "Merchant" has the meaning ascribed to it in Section 
2516-0.1 of this Code. 
26 "Strangle" means
intentionally impeding the normal 
 
 
SB2136- 170 -LRB103 27172 RLC 53542 b


1breathing or circulation of the blood of an individual by 
2applying pressure on the throat
or neck of that individual or 
3by blocking the nose or mouth of
that individual. 

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


5 (720 ILCS 5/16-0.1)
6 Sec. 16-0.1. Definitions. In this Article, unless the 
7context clearly requires otherwise, the following terms are 
8defined as indicated:
9 "Access" means to use, instruct, communicate with, store 
10data in, retrieve or intercept data from, or otherwise utilize 
11any services of a computer.
12 "Coin-operated machine" includes any automatic vending 
13machine or any part thereof, parking meter, coin telephone, 
14coin-operated transit turnstile, transit fare box, coin 
15laundry machine, coin dry cleaning machine, amusement machine, 
16music machine, vending machine dispensing goods or services, 
17or money changer.
18 "Communication device" means any type of instrument, 
19device, machine, or equipment which is capable of 
20transmitting, acquiring, decrypting, or receiving any 
21telephonic, electronic, data, Internet access, audio, video, 
22microwave, or radio transmissions, signals, communications, or 
23services, including the receipt, acquisition, transmission, or 
24decryption of all such communications, transmissions, signals, 
25or services provided by or through any cable television, fiber 
 
 
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1optic, telephone, satellite, microwave, radio, Internet-based, 
2data transmission, or wireless distribution network, system or 
3facility; or any part, accessory, or component thereof, 
4including any computer circuit, security module, smart card, 
5software, computer chip, electronic mechanism or other 
6component, accessory or part of any communication device which 
7is capable of facilitating the transmission, decryption, 
8acquisition or reception of all such communications, 
9transmissions, signals, or services.
10 "Communication service" means any service lawfully 
11provided for a charge or compensation to facilitate the lawful 
12origination, transmission, emission, or reception of signs, 
13signals, data, writings, images, and sounds or intelligence of 
14any nature by telephone, including cellular telephones or a 
15wire, wireless, radio, electromagnetic, photo-electronic or 
16photo-optical system; and also any service lawfully provided 
17by any radio, telephone, cable television, fiber optic, 
18satellite, microwave, Internet-based or wireless distribution 
19network, system, facility or technology, including, but not 
20limited to, any and all electronic, data, video, audio, 
21Internet access, telephonic, microwave and radio 
22communications, transmissions, signals and services, and any 
23such communications, transmissions, signals and services 
24lawfully provided directly or indirectly by or through any of 
25those networks, systems, facilities or technologies.
26 "Communication service provider" means: (1) any person or 
 
 
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1entity providing any communication service, whether directly 
2or indirectly, as a reseller, including, but not limited to, a 
3cellular, paging or other wireless communications company or 
4other person or entity which, for a fee, supplies the 
5facility, cell site, mobile telephone switching office or 
6other equipment or communication service; (2) any person or 
7entity owning or operating any cable television, fiber optic, 
8satellite, telephone, wireless, microwave, radio, data 
9transmission or Internet-based distribution network, system or 
10facility; and (3) any person or entity providing any 
11communication service directly or indirectly by or through any 
12such distribution system, network or facility.
13 "Computer" means a device that accepts, processes, stores, 
14retrieves or outputs data, and includes but is not limited to 
15auxiliary storage and telecommunications devices connected to 
16computers.
17 "Continuing
course of conduct" means a series of acts, and 
18the accompanying
mental state necessary for the crime in 
19question, irrespective
of whether the series of acts are 
20continuous or intermittent. 
21 "Delivery container" means any bakery basket of wire or 
22plastic used to transport or store bread or bakery products, 
23any dairy case of wire or plastic used to transport or store 
24dairy products, and any dolly or cart of 2 or 4 wheels used to 
25transport or store any bakery or dairy product.
26 "Document-making implement" means any implement, 
 
 
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1impression, template, computer file, computer disc, electronic 
2device, computer hardware, computer software, instrument, or 
3device that is used to make a real or fictitious or fraudulent 
4personal identification document.
5 "Financial transaction device" means any of the following:
6  (1) An electronic funds transfer card.
7  (2) A credit card.
8  (3) A debit card.
9  (4) A point-of-sale card.
10  (5) Any instrument, device, card, plate, code, account 
11 number, personal identification number, or a record or 
12 copy of a code, account number, or personal identification 
13 number or other means of access to a credit account or 
14 deposit account, or a driver's license or State 
15 identification card used to access a proprietary account, 
16 other than access originated solely by a paper instrument, 
17 that can be used alone or in conjunction with another 
18 access device, for any of the following purposes:
19   (A) Obtaining money, cash refund or credit 
20 account, credit, goods, services, or any other thing 
21 of value.
22   (B) Certifying or guaranteeing to a person or 
23 business the availability to the device holder of 
24 funds on deposit to honor a draft or check payable to 
25 the order of that person or business.
26   (C) Providing the device holder access to a 
 
 
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1 deposit account for the purpose of making deposits, 
2 withdrawing funds, transferring funds between deposit 
3 accounts, obtaining information pertaining to a 
4 deposit account, or making an electronic funds 
5 transfer.
6 "Full retail value" means the merchant's stated or 
7advertised price of the merchandise. "Full
retail value" 
8includes the aggregate value of property obtained
from retail 
9thefts committed by the same person as part of a
continuing 
10course of conduct from one or more mercantile
establishments 
11in a single transaction or in separate
transactions over a 
12period of one year.
13 "Internet" means an interactive computer service or system 
14or an information service, system, or access software provider 
15that provides or enables computer access by multiple users to 
16a computer server, and includes, but is not limited to, an 
17information service, system, or access software provider that 
18provides access to a network system commonly known as the 
19Internet, or any comparable system or service and also 
20includes, but is not limited to, a World Wide Web page, 
21newsgroup, message board, mailing list, or chat area on any 
22interactive computer service or system or other online 
23service.
24 "Library card" means a card or plate issued by a library 
25facility for purposes of identifying the person to whom the 
26library card was issued as authorized to borrow library 
 
 
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1material, subject to all limitations and conditions imposed on 
2the borrowing by the library facility issuing such card.
3 "Library facility" includes any public library or museum, 
4or any library or museum of an educational, historical or 
5eleemosynary institution, organization or society.
6 "Library material" includes any book, plate, picture, 
7photograph, engraving, painting, sculpture, statue, artifact, 
8drawing, map, newspaper, pamphlet, broadside, magazine, 
9manuscript, document, letter, microfilm, sound recording, 
10audiovisual material, magnetic or other tape, electronic data 
11processing record or other documentary, written or printed 
12material regardless of physical form or characteristics, or 
13any part thereof, belonging to, or on loan to or otherwise in 
14the custody of a library facility.
15 "Manufacture or assembly of an unlawful access device" 
16means to make, produce or assemble an unlawful access device 
17or to modify, alter, program or re-program any instrument, 
18device, machine, equipment or software so that it is capable 
19of defeating or circumventing any technology, device or 
20software used by the provider, owner or licensee of a 
21communication service or of any data, audio or video programs 
22or transmissions to protect any such communication, data, 
23audio or video services, programs or transmissions from 
24unauthorized access, acquisition, disclosure, receipt, 
25decryption, communication, transmission or re-transmission.
26 "Manufacture or assembly of an unlawful communication 
 
 
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1device" means to make, produce or assemble an unlawful 
2communication or wireless device or to modify, alter, program 
3or reprogram a communication or wireless device to be capable 
4of acquiring, disrupting, receiving, transmitting, decrypting, 
5or facilitating the acquisition, disruption, receipt, 
6transmission or decryption of, a communication service without 
7the express consent or express authorization of the 
8communication service provider, or to knowingly assist others 
9in those activities.
10 "Master sound recording" means the original physical 
11object on which a given set of sounds were first recorded and 
12which the original object from which all subsequent sound 
13recordings embodying the same set of sounds are directly or 
14indirectly derived.
15 "Merchandise" means any item of tangible personal 
16property, including motor fuel.
17 "Merchant" means an owner or operator of any retail 
18mercantile establishment or any agent, employee, lessee, 
19consignee, officer, director, franchisee, or independent 
20contractor of the owner or operator. "Merchant" also means a 
21person who receives from an authorized user of a payment card, 
22or someone the person believes to be an authorized user, a 
23payment card or information from a payment card, or what the 
24person believes to be a payment card or information from a 
25payment card, as the instrument for obtaining, purchasing or 
26receiving goods, services, money, or anything else of value 
 
 
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1from the person.
2 "Motor fuel" means a liquid, regardless of its properties, 
3used to propel a vehicle, including gasoline and diesel.
4 "Online" means the use of any electronic or wireless 
5device to access the Internet.
6 "Payment card" means a credit card, charge card, debit 
7card, or any other card that is issued to an authorized card 
8user and that allows the user to obtain, purchase, or receive 
9goods, services, money, or anything else of value from a 
10merchant.
11 "Person with a disability" means a person who
suffers from 
12a physical or mental impairment resulting from
disease, 
13injury, functional disorder or congenital condition that 
14impairs the
individual's mental or physical ability to 
15independently manage his or her
property or financial 
16resources, or both. 
17 "Personal identification document" means a birth 
18certificate, a driver's license, a State identification card, 
19a public, government, or private employment identification 
20card, a social security card, a license issued under the 
21Firearm Concealed Carry Act firearm owner's identification 
22card, a credit card, a debit card, or a passport issued to or 
23on behalf of a person other than the offender, or any document 
24made or issued, or falsely purported to have been made or 
25issued, by or under the authority of the United States 
26Government, the State of Illinois, or any other state 
 
 
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1political subdivision of any state, or any other governmental 
2or quasi-governmental organization that is of a type intended 
3for the purpose of identification of an individual, or any 
4such document made or altered in a manner that it falsely 
5purports to have been made on behalf of or issued to another 
6person or by the authority of one who did not give that 
7authority.
8 "Personal identifying information" means any of the 
9following information:
10  (1) A person's name.
11  (2) A person's address.
12  (3) A person's date of birth.
13  (4) A person's telephone number.
14  (5) A person's driver's license number or State of 
15 Illinois identification card as assigned by the Secretary 
16 of State of the State of Illinois or a similar agency of 
17 another state.
18  (6) A person's social security number.
19  (7) A person's public, private, or government 
20 employer, place of employment, or employment 
21 identification number.
22  (8) The maiden name of a person's mother.
23  (9) The number assigned to a person's depository 
24 account, savings account, or brokerage account.
25  (10) The number assigned to a person's credit or debit 
26 card, commonly known as a "Visa Card", "MasterCard", 
 
 
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1 "American Express Card", "Discover Card", or other similar 
2 cards whether issued by a financial institution, 
3 corporation, or business entity.
4  (11) Personal identification numbers.
5  (12) Electronic identification numbers.
6  (13) Digital signals.
7  (14) User names, passwords, and any other word, 
8 number, character or combination of the same usable in 
9 whole or part to access information relating to a specific 
10 individual, or to the actions taken, communications made 
11 or received, or other activities or transactions of a 
12 specific individual.
13  (15) Any other numbers or information which can be 
14 used to access a person's financial resources, or to 
15 identify a specific individual, or the actions taken, 
16 communications made or received, or other activities or 
17 transactions of a specific individual.
18 "Premises of a retail mercantile establishment" includes, 
19but is not limited to, the retail mercantile establishment; 
20any common use areas in shopping centers; and all parking 
21areas set aside by a merchant or on behalf of a merchant for 
22the parking of vehicles for the convenience of the patrons of 
23such retail mercantile establishment.
24 "Public water, gas, or power supply, or other public 
25services" mean any service subject to regulation by the 
26Illinois Commerce Commission; any service furnished by a 
 
 
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1public utility that is owned and operated by any political 
2subdivision, public institution of higher education or 
3municipal corporation of this State; any service furnished by 
4any public utility that is owned by such political 
5subdivision, public institution of higher education, or 
6municipal corporation and operated by any of its lessees or 
7operating agents; any service furnished by an electric 
8cooperative as defined in Section 3.4 of the Electric Supplier 
9Act; or wireless service or other service regulated by the 
10Federal Communications Commission.
11 "Publish" means to communicate or disseminate information 
12to any one or more persons, either orally, in person, or by 
13telephone, radio or television or in writing of any kind, 
14including, without limitation, a letter or memorandum, 
15circular or handbill, newspaper or magazine article or book.
16 "Radio frequency identification device" means any 
17implement, computer file, computer disc, electronic device, 
18computer hardware, computer software, or instrument that is 
19used to activate, read, receive, or decode information stored 
20on a RFID tag or transponder attached to a personal 
21identification document. 
22 "RFID tag or transponder" means a chip or device that 
23contains personal identifying information from which the 
24personal identifying information can be read or decoded by 
25another device emitting a radio frequency that activates or 
26powers a radio frequency emission response from the chip or 
 
 
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1transponder. 
2 "Reencoder" means an electronic device that places encoded 
3information from the magnetic strip or stripe of a payment 
4card onto the magnetic strip or stripe of a different payment 
5card.
6 "Retail mercantile establishment" means any place where 
7merchandise is displayed, held, stored or offered for sale to 
8the public.
9 "Scanning device" means a scanner, reader, or any other 
10electronic device that is used to access, read, scan, obtain, 
11memorize, or store, temporarily or permanently, information 
12encoded on the magnetic strip or stripe of a payment card.
13 "Shopping cart" means those push carts of the type or 
14types which are commonly provided by grocery stores, drug 
15stores or other retail mercantile establishments for the use 
16of the public in transporting commodities in stores and 
17markets and, incidentally, from the stores to a place outside 
18the store.
19 "Sound or audio visual recording" means any sound or audio 
20visual phonograph record, disc, pre-recorded tape, film, wire, 
21magnetic tape or other object, device or medium, now known or 
22hereafter invented, by which sounds or images may be 
23reproduced with or without the use of any additional machine, 
24equipment or device.
25 "Stored value card" means any card, gift card, instrument, 
26or device issued with or without fee for the use of the 
 
 
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1cardholder to obtain money, goods, services, or anything else 
2of value. Stored value cards include, but are not limited to, 
3cards issued for use as a stored value card or gift card, and 
4an account identification number or symbol used to identify a 
5stored value card. "Stored value card" does not include a 
6prepaid card usable at multiple, unaffiliated merchants or at 
7automated teller machines, or both. "Stored value card" shall 
8only apply to Section 16-25.1 of this Act. 
9 "Theft detection device remover" means any tool or device 
10specifically designed and intended to be used to remove any 
11theft detection device from any merchandise.
12 "Under-ring" means to cause the cash register or other 
13sales recording device to reflect less than the full retail 
14value of the merchandise.
15 "Unidentified sound or audio visual recording" means a 
16sound or audio visual recording without the actual name and 
17full and correct street address of the manufacturer, and the 
18name of the actual performers or groups prominently and 
19legibly printed on the outside cover or jacket and on the label 
20of such sound or audio visual recording.
21 "Unlawful access device" means any type of instrument, 
22device, machine, equipment, technology, or software which is 
23primarily possessed, used, designed, assembled, manufactured, 
24sold, distributed or offered, promoted or advertised for the 
25purpose of defeating or circumventing any technology, device 
26or software, or any component or part thereof, used by the 
 
 
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1provider, owner or licensee of any communication service or of 
2any data, audio or video programs or transmissions to protect 
3any such communication, audio or video services, programs or 
4transmissions from unauthorized access, acquisition, receipt, 
5decryption, disclosure, communication, transmission or 
6re-transmission.
7 "Unlawful communication device" means any electronic 
8serial number, mobile identification number, personal 
9identification number or any communication or wireless device 
10that is capable of acquiring or facilitating the acquisition 
11of a communication service without the express consent or 
12express authorization of the communication service provider, 
13or that has been altered, modified, programmed or 
14reprogrammed, alone or in conjunction with another 
15communication or wireless device or other equipment, to so 
16acquire or facilitate the unauthorized acquisition of a 
17communication service. "Unlawful communication device" also 
18means:
19  (1) any phone altered to obtain service without the 
20 express consent or express authorization of the 
21 communication service provider, tumbler phone, counterfeit 
22 or clone phone, tumbler microchip, counterfeit or clone 
23 microchip, scanning receiver of wireless communication 
24 service or other instrument capable of disguising its 
25 identity or location or of gaining unauthorized access to 
26 a communications or wireless system operated by a 
 
 
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1 communication service provider; and
2  (2) any communication or wireless device which is 
3 capable of, or has been altered, designed, modified, 
4 programmed or reprogrammed, alone or in conjunction with 
5 another communication or wireless device or devices, so as 
6 to be capable of, facilitating the disruption, 
7 acquisition, receipt, transmission or decryption of a 
8 communication service without the express consent or 
9 express authorization of the communication service 
10 provider, including, but not limited to, any device, 
11 technology, product, service, equipment, computer software 
12 or component or part thereof, primarily distributed, sold, 
13 designed, assembled, manufactured, modified, programmed, 
14 reprogrammed or used for the purpose of providing the 
15 unauthorized receipt of, transmission of, disruption of, 
16 decryption of, access to or acquisition of any 
17 communication service provided by any communication 
18 service provider.
19 "Vehicle" means a motor vehicle, motorcycle, or farm 
20implement that is self-propelled and that uses motor fuel for 
21propulsion.
22 "Wireless device" includes any type of instrument, device, 
23machine, or
equipment that is capable of transmitting or 
24receiving telephonic, electronic
or
radio communications, or 
25any part of such instrument, device, machine, or
equipment, or 
26any computer circuit, computer chip, electronic mechanism, or

 
 
SB2136- 185 -LRB103 27172 RLC 53542 b


1other component that is capable of facilitating the 
2transmission or reception
of telephonic, electronic, or radio 
3communications. 

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




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



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

14 (b) Construction equipment identification defacement. A 
15person commits construction equipment identification 
16defacement when he or she knowingly changes,
alters, removes, 
17mutilates, or
obliterates a permanently affixed serial number, 
18product identification number,
part number, component 
19identification number, owner-applied identification,
or other 
20mark of identification attached to or stamped, inscribed, 
21molded,
or etched into a machine or other equipment, whether 
22stationary or mobile
or self-propelled, or a part of such 
23machine or equipment, used in the construction,
maintenance, 
24or demolition of buildings, structures, bridges, tunnels, 
25sewers,
utility pipes or lines, ditches or open cuts, roads, 
 
 
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1highways, dams, airports,
or waterways or in material handling 
2for such projects. 
3 The trier of fact may infer that the defendant has 
4knowingly changed, altered, removed, or obliterated the serial 
5number, product identification number, part number, component 
6identification number, owner-applied identification number, or 
7other mark of identification, if the defendant was in 
8possession of any machine or other equipment or a part of such 
9machine
or equipment used in the construction, maintenance, or 
10demolition of buildings,
structures, bridges, tunnels, sewers, 
11utility pipes or lines, ditches or
open cuts, roads, highways, 
12dams, airports, or waterways or in material handling
for such 
13projects upon which any such serial number, product 
14identification
number, part number, component identification 
15number, owner-applied identification
number, or other mark of 
16identification has been changed, altered,
removed, or 
17obliterated. 
18 (c) Defacement of manufacturer's serial number or 
19identification mark. A person commits defacement of a 
20manufacturer's serial number or identification mark when he or 
21she knowingly removes, alters, defaces, covers, or destroys 
22the
manufacturer's serial number or any other manufacturer's 
23number or
distinguishing identification mark upon any machine 
24or other article of
merchandise, other than a motor vehicle as 
25defined in Section 1-146 of the
Illinois Vehicle Code or a 
26firearm as defined in the Firearm Owners Identification Card 
 
 
SB2136- 187 -LRB103 27172 RLC 53542 b


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

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

14 (f) Definitions. In this Section:
15 "Commercial context" means a continuing business 
16enterprise conducted
for profit by any person whose primary 
17business is the wholesale or retail
marketing of household 
18appliances, or a significant portion of whose business
or 
19inventory consists of household appliances
kept or sold on a 
20wholesale or retail basis.
21 "Household appliance" means any gas or electric device or 
22machine
marketed for use as home entertainment or for 
23facilitating or expediting
household tasks or chores. The term 
24shall include but not necessarily be
limited to refrigerators, 
25freezers, ranges, radios, television sets, vacuum
cleaners, 
26toasters, dishwashers, and other similar household items.
 
 
SB2136- 188 -LRB103 27172 RLC 53542 b


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

6appliance or item individually or by lot number. 
7(Source: P.A. 96-1551, eff. 7-1-11.)




8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

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

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

22  (2) Carries or possesses with intent to use the same 
23 unlawfully
against another, a dagger, dirk, billy, 
24 dangerous knife, razor,
stiletto, broken bottle or other 
25 piece of glass, stun gun or taser or
any other dangerous or 
 
 
SB2136- 189 -LRB103 27172 RLC 53542 b


1 deadly weapon or instrument of like character; or

2  (2.5) Carries or possesses with intent to use the same 
3 unlawfully against another, any firearm in a church, 
4 synagogue, mosque, or other building, structure, or place 
5 used for religious worship; or 
6  (3) Carries on or about his person or in any vehicle, a 
7 tear gas gun
projector or bomb or any object containing 
8 noxious liquid gas or
substance, other than an object 
9 containing a non-lethal noxious liquid gas
or substance 
10 designed solely for personal defense carried by a person 
11 18
years of age or older; or

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

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

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

22   (ii) are not immediately accessible; or

23   (iii) are unloaded and enclosed in a case, firearm 
24 carrying box,
shipping box, or other container by a 
25 person eligible under State and federal law to possess 
26 a firearm who has been issued a currently
valid 
 
 
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1 Firearm Owner's
Identification Card; or
2   (iv) are carried or possessed in accordance with 
3 the Firearm Concealed Carry Act by a person who has 
4 been issued a currently valid license under the 
5 Firearm Concealed Carry Act; or 

6  (5) Sets a spring gun; or

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

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

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

23 possession or under the control of a person;

24   (ii) any rifle having one or
more barrels less 
25 than 16 inches in length or a shotgun having one or 
26 more
barrels less than 18 inches in length or any 
 
 
SB2136- 191 -LRB103 27172 RLC 53542 b


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

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

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

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

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

 
 
SB2136- 192 -LRB103 27172 RLC 53542 b


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

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

15   (ii) are not immediately accessible; or

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

21   (iv) are carried or possessed in accordance with 
22 the Firearm Concealed Carry Act by a person who has 
23 been issued a currently valid license under the 
24 Firearm Concealed Carry Act. 
25  A "stun gun or taser", as used in this paragraph (a) 
26 means (i) any device
which is powered by electrical 
 
 
SB2136- 193 -LRB103 27172 RLC 53542 b


1 charging units, such as, batteries, and
which fires one or 
2 several barbs attached to a length of wire and
which, upon 
3 hitting a human, can send out a current capable of 
4 disrupting
the person's nervous system in such a manner as 
5 to render him incapable of
normal functioning or (ii) any 
6 device which is powered by electrical
charging units, such 
7 as batteries, and which, upon contact with a human or

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

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

23  (12) (Blank); or

24  (13) Carries or possesses on or about his or her 
25 person while in a building occupied by a unit of 
26 government, a billy club, other weapon of like character, 
 
 
SB2136- 194 -LRB103 27172 RLC 53542 b


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

21subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
22commits a Class A
misdemeanor.
A person convicted of a 
23violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a

24Class 4 felony; a person
convicted of a violation of 
25subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2624-1(a)(16)
commits a Class 3 felony. A person convicted of a 
 
 
SB2136- 195 -LRB103 27172 RLC 53542 b


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

924-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 
10felony. A person convicted of a violation of subsection 
1124-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
12possession of each weapon or device in violation of this 
13Section constitutes a single and separate violation.

14 (c) Violations in specific places.

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

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

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

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

13  (1.5) A person who violates subsection 24-1(a)(4), 
14 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
15 the time of day or the time of year,
in residential 
16 property owned, operated, or managed by a public
housing

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

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

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

9 commits a Class 3 felony.

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

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

21 on the real property
comprising any public park, on the 
22 real property comprising any courthouse, in
any conveyance 
23 owned, leased or contracted by a school to transport 
24 students
to or from school or a school related activity, 
25 in any conveyance
owned, leased, or contracted by a public 
26 transportation agency, or on any public way within
1,000 
 
 
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1 feet of the real property comprising any school, public 
2 park, courthouse,
public transportation facility, or 
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 commits a Class 4 felony. "Courthouse"
means any building 
7 that is used by the Circuit, Appellate, or Supreme Court 
8 of
this State for the conduct of official business.

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

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

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

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

24 persons by means available to the general public, except 
25 for transportation
by automobiles not used for conveyance 
26 of the general public as passengers; and "public 
 
 
SB2136- 199 -LRB103 27172 RLC 53542 b


1 transportation facility" means a terminal or other place

2 where one may obtain public transportation.

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

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

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

25 spring or other device in the handle of the knife, does not 
26 apply to a person eligible under State and federal law to 
 
 
SB2136- 200 -LRB103 27172 RLC 53542 b


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

6(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
7102-1116, eff. 1-10-23.)




8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


9 Sec. 24-1.1. Unlawful use or possession of weapons by 
10felons or
persons in the custody of the
Department of 
11Corrections facilities.
12 (a) It is unlawful
for a person to knowingly possess on or 
13about his person or on his land or
in his own abode or fixed 
14place of business any weapon prohibited under
Section 24-1 of 
15this Act or any firearm or any firearm ammunition if the
person 
16has been convicted of a felony under the laws of this State or 
17any
other jurisdiction. This Section shall not apply if the 
18person has been
granted relief under this subsection by the 
19Director of the Illinois State Police
under Section 10 of the 
20Firearm Owners Identification
Card Act. A person prohibited 
21from possessing a firearm under this subsection (a) may 
22petition the Director of the Illinois State Police for a 
23hearing and relief from the prohibition, unless the 
24prohibition was based upon a forcible felony, stalking, 
25aggravated stalking, domestic battery, any violation of the 
 
 
SB2136- 201 -LRB103 27172 RLC 53542 b


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

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

19 forcible felony under the laws of this State or any other 
20 jurisdiction within 20 years of the filing of the 
21 petition, or at least 20 years have passed since the end of 
22 any period of imprisonment imposed in relation to that 
23 conviction;
24  (3) the circumstances regarding a criminal
conviction, 
25 where applicable, the petitioner's criminal history and 
26 his or her reputation are such that the petitioner will 
 
 
SB2136- 202 -LRB103 27172 RLC 53542 b


1 not be likely to act in a manner dangerous to public 
2 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) It is unlawful for any person confined in a penal 
8institution,
which is a facility of the Illinois Department of 
9Corrections, to possess
any weapon prohibited under Section 
1024-1 of this Code or any firearm or
firearm ammunition, 
11regardless of the intent with which he possesses it.

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

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

19 (e) Sentence. Violation of this Section by a person not 
20confined
in a penal institution shall be a Class 3 felony
for 
21which the person shall be sentenced to no less than 2 years and 
22no
more than 10 years. A second or subsequent violation of this 
23Section shall be a Class 2 felony for which the person shall be 
24sentenced to a term of imprisonment of not less than 3 years 
25and not more than 14 years, except as provided for in Section 
265-4.5-110 of the Unified Code of Corrections. Violation of 
 
 
SB2136- 203 -LRB103 27172 RLC 53542 b


1this Section by a person not confined in a
penal institution 
2who has been convicted of a forcible felony, a felony

3violation of Article 24 of this Code or of the Firearm Owners 
4Identification
Card Act, stalking or aggravated stalking, or a 
5Class 2 or greater felony
under the Illinois Controlled 
6Substances Act, the Cannabis Control Act, or the 
7Methamphetamine Control and Community Protection Act is a

8Class 2 felony for which the person
shall be sentenced to not 
9less than 3 years and not more than 14 years, except as 
10provided for in Section 5-4.5-110 of the Unified Code of 
11Corrections.
Violation of this Section by a person who is on 
12parole or mandatory supervised
release is a Class 2 felony for 
13which the person shall be sentenced to not less than 3 years 
14and not more than 14
years, except as provided for in Section 
155-4.5-110 of the Unified Code of Corrections. Violation of 
16this Section by a person not confined in a penal
institution is 
17a Class X felony when the firearm possessed is a machine gun.

18Any person who violates this Section while confined in a penal

19institution, which is a facility of the Illinois Department of

20Corrections, is guilty of a Class 1
felony, if he possesses any 
21weapon prohibited under Section 24-1 of this
Code regardless 
22of the intent with which he possesses it, a Class X
felony if 
23he possesses any firearm, firearm ammunition or explosive, and 
24a
Class X felony for which the offender shall be sentenced to 
25not less than 12
years and not more than 50 years when the 
26firearm possessed is a machine
gun. A violation of this 
 
 
SB2136- 204 -LRB103 27172 RLC 53542 b


1Section while wearing or in possession of body armor as 
2defined in Section 33F-1 is a Class X felony punishable by a 
3term of imprisonment of not less than 10 years and not more 
4than 40 years.
The possession of each firearm or firearm 
5ammunition in violation of this Section constitutes a single 
6and separate violation.

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


8 (720 ILCS 5/24-1.6)
9 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
10 (a) A person commits the offense of aggravated unlawful 
11use of a weapon when
he or she knowingly:
12  (1) Carries on or about his or her person or in any 
13 vehicle or concealed
on or about his or her person except 
14 when on his or her land or in his or her
abode, legal 
15 dwelling, or fixed place of business, or on the land or in 
16 the legal dwelling of another person as an invitee with 
17 that person's permission, any pistol, revolver, stun gun 
18 or taser or
other firearm; or
19  (2) Carries or possesses on or about his or her 
20 person, upon any public
street, alley, or other public 
21 lands within the corporate limits of a city,
village or 
22 incorporated town, except when an invitee thereon or 
23 therein, for
the purpose of the display of such weapon or 
24 the lawful commerce in weapons, or
except when on his or 
25 her own land or in his or her own abode, legal dwelling, or 
 
 
SB2136- 205 -LRB103 27172 RLC 53542 b


1 fixed place of
business, or on the land or in the legal 
2 dwelling of another person as an invitee with that 
3 person's permission, any pistol, revolver, stun gun or 
4 taser or other firearm; and
5  (3) One of the following factors is present:
6   (A) the firearm, other than a pistol, revolver, or 
7 handgun, possessed was uncased, loaded, and 
8 immediately accessible
at the time of the offense; or
9   (A-5) the pistol, revolver, or handgun possessed 
10 was uncased, loaded, and immediately accessible
at the 
11 time of the offense and the person possessing the 
12 pistol, revolver, or handgun has not been issued a 
13 currently valid license under the Firearm Concealed 
14 Carry Act; or 
15   (B) the firearm, other than a pistol, revolver, or 
16 handgun, possessed was uncased, unloaded, and the 
17 ammunition for
the weapon was immediately accessible 
18 at the time of the offense; or
19   (B-5) the pistol, revolver, or handgun possessed 
20 was uncased, unloaded, and the ammunition for
the 
21 weapon was immediately accessible at the time of the 
22 offense and the person possessing the pistol, 
23 revolver, or handgun has not been issued a currently 
24 valid license under the Firearm Concealed Carry Act; 
25 or 
26   (C) (blank); or the person possessing the firearm 
 
 
SB2136- 206 -LRB103 27172 RLC 53542 b


1 has not been issued a currently
valid Firearm Owner's 
2 Identification Card; or
3   (D) the person possessing the weapon was 
4 previously adjudicated
a delinquent minor under the 
5 Juvenile Court Act of 1987 for an act that if
committed 
6 by an adult would be a felony; or
7   (E) the person possessing the weapon was engaged 
8 in a misdemeanor
violation of the Cannabis
Control 
9 Act, in a misdemeanor violation of the Illinois 
10 Controlled Substances
Act, or in a misdemeanor 
11 violation of the Methamphetamine Control and Community 
12 Protection Act; or
13   (F) (blank); or
14   (G) the person possessing the weapon had an order 
15 of protection issued
against him or her within the 
16 previous 2 years; or
17   (H) the person possessing the weapon was engaged 
18 in the commission or
attempted commission of
a 
19 misdemeanor involving the use or threat of violence 
20 against
the person or property of another; or
21   (I) the person possessing the weapon was under 21 
22 years of age and in
possession of a handgun, unless the 
23 person under 21
is engaged in lawful activities under 
24 the Wildlife Code or described in
subsection 
25 24-2(b)(1), (b)(3), or 24-2(f).
26 (a-5) "Handgun" as used in this Section has the meaning 
 
 
SB2136- 207 -LRB103 27172 RLC 53542 b


1given to it in Section 5 of the Firearm Concealed Carry Act. 
2 (b) "Stun gun or taser" as used in this Section has the 
3same definition
given to it in Section 24-1 of this Code.
4 (c) This Section does not apply to or affect the 
5transportation or
possession
of weapons that:
6  (i) are broken down in a non-functioning state; or
7  (ii) are not immediately accessible; or
8  (iii) are unloaded and enclosed in a case, firearm 
9 carrying box,
shipping box, or other container by a person 
10 is eligible under State and federal law to possess a 
11 firearm who has been issued a currently
valid Firearm 
12 Owner's
Identification Card.
13 (d) Sentence.
14  (1) Aggravated unlawful use of a weapon is a Class 4 
15 felony;
a second or subsequent offense is a Class 2 felony 
16 for which the person shall be sentenced to a term of 
17 imprisonment of not less than 3 years and not more than 7 
18 years, except as provided for in Section 5-4.5-110 of the 
19 Unified Code of Corrections. 
20  (2) (Blank). Except as otherwise provided in 
21 paragraphs (3) and (4) of this subsection (d), a first 
22 offense of aggravated unlawful use of a weapon committed 
23 with a firearm by a person 18 years of age or older where 
24 the factors listed in both items (A) and (C) or both items 
25 (A-5) and (C) of paragraph (3) of subsection (a) are 
26 present is a Class 4 felony, for which the person shall be 
 
 
SB2136- 208 -LRB103 27172 RLC 53542 b


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

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

20 (720 ILCS 5/24-1.8)
21 Sec. 24-1.8. Unlawful possession of a firearm by a street 
22gang member.
23 (a) A person
commits unlawful possession of a firearm by a 
24street gang member when he or she knowingly:
25  (1) possesses, carries, or conceals on or about his or 
 
 
SB2136- 209 -LRB103 27172 RLC 53542 b


1 her person a firearm and firearm ammunition while on any 
2 street, road, alley, gangway, sidewalk, or any other 
3 lands, except when inside his or her own abode or inside 
4 his or her fixed place of business, and has not been issued 
5 a currently valid Firearm Owner's Identification Card and 
6 is a member of a street gang; or
7  (2) possesses or carries in any vehicle a firearm and 
8 firearm ammunition which are both immediately accessible 
9 at the time of the offense while on any street, road, 
10 alley, or any other lands, except when inside his or her 
11 own abode or garage, and has not been issued a currently 
12 valid Firearm Owner's Identification Card and is a member 
13 of a street gang.
14 (b) Unlawful possession of a firearm by a street gang 
15member is a Class 2 felony for which the person, if sentenced 
16to a term of imprisonment, shall be sentenced to no less than 3 
17years and no more than 10 years. A period of probation, a term 
18of periodic imprisonment or conditional discharge shall not be 
19imposed for the offense of unlawful possession of a firearm by 
20a street gang member when the firearm was loaded or contained 
21firearm ammunition and the court shall sentence the offender 
22to not less than the minimum term of imprisonment authorized 
23for the Class 2 felony.
24 (c) For purposes of this Section:
25  "Street gang" or "gang" has the meaning ascribed to it 
26 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
 
 
SB2136- 210 -LRB103 27172 RLC 53542 b


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

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

6 (720 ILCS 5/24-1.9)
7 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
8purchase of assault weapons, .50 caliber rifles, and .50 
9caliber cartridges.
10 (a) Definitions. In this Section:
11 (1) "Assault weapon" means any of the following, except as 
12provided in subdivision (2) of this
subsection: 
13  (A) A semiautomatic rifle that has the capacity to 
14 accept a detachable magazine or that
may be readily 
15 modified to accept a detachable magazine, if the firearm 
16 has one or
more of the following:
17   (i) a pistol grip or thumbhole stock;
18   (ii) any feature capable of functioning as a 
19 protruding grip that can be held by
the non-trigger 
20 hand;
21   (iii) a folding, telescoping, thumbhole, or 
22 detachable stock, or a stock that is
otherwise 
23 foldable or adjustable in a manner that operates to 
24 reduce the
length, size, or any other dimension, or 
25 otherwise enhances the concealability
of, the weapon; 
 
 
SB2136- 211 -LRB103 27172 RLC 53542 b


1   (iv) a flash suppressor;
2   (v) a grenade launcher;
3   (vi) a shroud attached to the barrel or that 
4 partially or completely encircles the
barrel, allowing 
5 the bearer to hold the firearm with the non-trigger 
6 hand
without being burned, but excluding a slide that 
7 encloses the barrel. 
8  (B) A semiautomatic rifle that has a fixed magazine 
9 with the capacity to accept more than
10 rounds, except 
10 for an attached tubular device designed to accept, and 
11 capable of
operating only with, .22 caliber rimfire 
12 ammunition.
13  (C) A semiautomatic pistol that has the capacity to 
14 accept a detachable magazine or that
may be readily 
15 modified to accept a detachable magazine, if the firearm 
16 has one or more
of the following:
17   (i) a threaded barrel;
18   (ii) a second pistol grip or another feature 
19 capable of functioning as a
protruding grip that can 
20 be held by the non-trigger hand;
21   (iii) a shroud attached to the barrel or that 
22 partially or completely encircles the
barrel, allowing 
23 the bearer to hold the firearm with the non-trigger 
24 hand
without being burned, but excluding a slide that 
25 encloses the barrel;
26   (iv) a flash suppressor; 
 
 
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1   (v) the capacity to accept a detachable magazine 
2 at some location outside of the
pistol grip; or
3   (vi) a buffer tube, arm brace, or other part that 
4 protrudes horizontally behind the
pistol grip and is 
5 designed or redesigned to allow or facilitate a 
6 firearm to be
fired from the shoulder. 
7  (D) A semiautomatic pistol that has a fixed magazine 
8 with the capacity to accept more
than 15 rounds.
9  (E) Any shotgun with a revolving cylinder. 
10  (F) A semiautomatic shotgun that has one or more of 
11 the following:
12   (i) a pistol grip or thumbhole stock;
13   (ii) any feature capable of functioning as a 
14 protruding grip that can be held by
the non-trigger 
15 hand;
16   (iii) a folding or thumbhole stock; 
17   (iv) a grenade launcher;
18   (v) a fixed magazine with the capacity of more 
19 than 5 rounds; or 
20   (vi) the capacity to accept a detachable magazine. 
21  (G) Any semiautomatic firearm that has the capacity to 
22 accept a belt ammunition feeding
device.
23  (H) Any firearm that has been modified to be operable 
24 as an assault weapon as defined
in this Section. 
25  (I) Any part or combination of parts designed or 
26 intended to convert a firearm into an
assault weapon, 
 
 
SB2136- 213 -LRB103 27172 RLC 53542 b


1 including any combination of parts from which an assault 
2 weapon may
be readily assembled if those parts are in the 
3 possession or under the control of the same
person. 
4  (J) All of the following rifles, copies, duplicates, 
5 variants, or altered facsimiles with the
capability of any 
6 such weapon: 
7   (i) All AK types, including the following:
8    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
9 MAK90, MISR,
NHM90, NHM91, SA85, SA93, Vector Arms 
10 AK-47, VEPR, WASR-10,
and WUM. 
11    (II) IZHMASH Saiga AK. 
12    (III) MAADI AK47 and ARM. 
13    (IV) Norinco 56S, 56S2, 84S, and 86S. 
14    (V) Poly Technologies AK47 and AKS. 
15    (VI) SKS with a detachable magazine. 
16   (ii) all AR types, including the following:
17    (I) AR-10. 
18    (II) AR-15. 
19    (III) Alexander Arms Overmatch Plus 16. 
20    (IV) Armalite M15 22LR Carbine. 
21    (V) Armalite M15-T. 
22    (VI) Barrett REC7. 
23    (VII) Beretta AR-70. 
24    (VIII) Black Rain Ordnance Recon Scout. 
25    (IX) Bushmaster ACR. 
26    (X) Bushmaster Carbon 15. 
 
 
SB2136- 214 -LRB103 27172 RLC 53542 b


1    (XI) Bushmaster MOE series. 
2    (XII) Bushmaster XM15. 
3    (XIII) Chiappa Firearms MFour rifles. 
4    (XIV) Colt Match Target rifles. 
5    (XV) CORE Rifle Systems CORE15 rifles. 
6    (XVI) Daniel Defense M4A1 rifles. 
7    (XVII) Devil Dog Arms 15 Series rifles. 
8    (XVIII) Diamondback DB15 rifles. 
9    (XIX) DoubleStar AR rifles. 
10    (XX) DPMS Tactical rifles. 
11    (XXI) DSA Inc. ZM-4 Carbine. 
12    (XXII) Heckler & Koch MR556. 
13    (XXIII) High Standard HSA-15 rifles. 
14    (XXIV) Jesse James Nomad AR-15 rifle. 
15    (XXV) Knight's Armament SR-15. 
16    (XXVI) Lancer L15 rifles. 
17    (XXVII) MGI Hydra Series rifles. 
18    (XXVIII) Mossberg MMR Tactical rifles. 
19    (XXIX) Noreen Firearms BN 36 rifle. 
20    (XXX) Olympic Arms. 
21    (XXXI) POF USA P415. 
22    (XXXII) Precision Firearms AR rifles. 
23    (XXXIII) Remington R-15 rifles. 
24    (XXXIV) Rhino Arms AR rifles. 
25    (XXXV) Rock River Arms LAR-15 or Rock River 
26 Arms LAR-47. 
 
 
SB2136- 215 -LRB103 27172 RLC 53542 b


1    (XXXVI) Sig Sauer SIG516 rifles and MCX 
2 rifles. 
3    (XXXVII) Smith & Wesson M&P15 rifles. 
4    (XXXVIII) Stag Arms AR rifles. 
5    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
6 rifles. 
7    (XL) Uselton Arms Air-Lite M-4 rifles. 
8    (XLI) Windham Weaponry AR rifles. 
9    (XLII) WMD Guns Big Beast. 
10    (XLIII) Yankee Hill Machine Company, Inc. 
11 YHM-15 rifles. 
12   (iii) Barrett M107A1.
13   (iv) Barrett M82A1.
14   (v) Beretta CX4 Storm.
15   (vi) Calico Liberty Series.
16   (vii) CETME Sporter. 
17   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
18 AR 110C. 
19   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
20 FNC, 308 Match, L1A1
Sporter, PS90, SCAR, and FS2000. 
21   (x) Feather Industries AT-9. 
22   (xi) Galil Model AR and Model ARM. 
23   (xii) Hi-Point Carbine. 
24   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
25   (xiv) IWI TAVOR, Galil ACE rifle. 
26   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
 
 
SB2136- 216 -LRB103 27172 RLC 53542 b


1   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
2 Sauer SG 551, and SIG
MCX.
3   (xvii) Springfield Armory SAR-48. 
4   (xviii) Steyr AUG. 
5   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
6 M-14/20CF. 
7   (xx) All Thompson rifles, including the following: 
8    (I) Thompson M1SB. 
9    (II) Thompson T1100D. 
10    (III) Thompson T150D. 
11    (IV) Thompson T1B. 
12    (V) Thompson T1B100D. 
13    (VI) Thompson T1B50D. 
14    (VII) Thompson T1BSB. 
15    (VIII) Thompson T1-C. 
16    (IX) Thompson T1D. 
17    (X) Thompson T1SB. 
18    (XI) Thompson T5. 
19    (XII) Thompson T5100D. 
20    (XIII) Thompson TM1. 
21    (XIV) Thompson TM1C. 
22   (xxi) UMAREX UZI rifle. 
23   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
24 UZI Model B Carbine. 
25   (xxiii) Valmet M62S, M71S, and M78. 
26   (xxiv) Vector Arms UZI Type. 
 
 
SB2136- 217 -LRB103 27172 RLC 53542 b


1   (xxv) Weaver Arms Nighthawk. 
2   (xxvi) Wilkinson Arms Linda Carbine. 
3  (K) All of the following pistols, copies, duplicates, 
4 variants, or altered facsimiles with the
capability of any 
5 such weapon thereof: 
6   (i) All AK types, including the following: 
7    (I) Centurion 39 AK pistol. 
8    (II) CZ Scorpion pistol. 
9    (III) Draco AK-47 pistol. 
10    (IV) HCR AK-47 pistol. 
11    (V) IO Inc. Hellpup AK-47 pistol. 
12    (VI) Krinkov pistol. 
13    (VII) Mini Draco AK-47 pistol. 
14    (VIII) PAP M92 pistol. 
15    (IX) Yugo Krebs Krink pistol. 
16   (ii) All AR types, including the following: 
17    (I) American Spirit AR-15 pistol. 
18    (II) Bushmaster Carbon 15 pistol. 
19    (III) Chiappa Firearms M4 Pistol GEN II. 
20    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
21    (V) Daniel Defense MK18 pistol. 
22    (VI) DoubleStar Corporation AR pistol. 
23    (VII) DPMS AR-15 pistol. 
24    (VIII) Jesse James Nomad AR-15 pistol. 
25    (IX) Olympic Arms AR-15 pistol. 
26    (X) Osprey Armament MK-18 pistol. 
 
 
SB2136- 218 -LRB103 27172 RLC 53542 b


1    (XI) POF USA AR pistols. 
2    (XII) Rock River Arms LAR 15 pistol. 
3    (XIII) Uselton Arms Air-Lite M-4 pistol. 
4   (iii) Calico pistols. 
5   (iv) DSA SA58 PKP FAL pistol. 
6   (v) Encom MP-9 and MP-45. 
7   (vi) Heckler & Koch model SP-89 pistol. 
8   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
9 TEC-DC9. 
10   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
11   (ix) Kel-Tec PLR 16 pistol. 
12   (x) All MAC types, including the following: 
13    (I) MAC-10. 
14    (II) MAC-11. 
15    (III) Masterpiece Arms MPA A930 Mini Pistol, 
16 MPA460 Pistol, MPA
Tactical Pistol, and MPA Mini 
17 Tactical Pistol. 
18    (IV) Military Armament Corp. Ingram M-11. 
19    (V) Velocity Arms VMAC. 
20   (xi) Sig Sauer P556 pistol. 
21   (xii) Sites Spectre. 
22   (xiii) All Thompson types, including the 
23 following: 
24    (I) Thompson TA510D. 
25    (II) Thompson TA5. 
26   (xiv) All UZI types, including Micro-UZI. 
 
 
SB2136- 219 -LRB103 27172 RLC 53542 b


1  (L) All of the following shotguns, copies, duplicates, 
2 variants, or altered facsimiles with
the capability of any 
3 such weapon thereof: 
4   (i) DERYA Anakon MC-1980, Anakon SD12. 
5   (ii) Doruk Lethal shotguns. 
6   (iii) Franchi LAW-12 and SPAS 12. 
7   (iv) All IZHMASH Saiga 12 types, including the 
8 following: 
9    (I) IZHMASH Saiga 12. 
10    (II) IZHMASH Saiga 12S. 
11    (III) IZHMASH Saiga 12S EXP-01. 
12    (IV) IZHMASH Saiga 12K. 
13    (V) IZHMASH Saiga 12K-030. 
14    (VI) IZHMASH Saiga 12K-040 Taktika. 
15   (v) Streetsweeper. 
16   (vi) Striker 12. 
17 (2) "Assault weapon" does not include: 
18  (A) Any firearm that is an unserviceable firearm or 
19 has been made permanently inoperable.
20  (B) An antique firearm or a replica of an antique 
21 firearm.
22  (C) A firearm that is manually operated by bolt, pump, 
23 lever or slide action, unless the
firearm is a shotgun 
24 with a revolving cylinder.
25  (D) Any air rifle as defined in Section 24.8-0.1 of 
26 this Code.
 
 
SB2136- 220 -LRB103 27172 RLC 53542 b


1  (E) Any handgun, as defined under the Firearm 
2 Concealed Carry Act, unless otherwise listed in this 
3 Section. 
4 (3) "Assault weapon attachment" means any device capable 
5of being attached to a firearm that is specifically designed 
6for making or converting a firearm into any of the firearms 
7listed in paragraph (1) of this subsection (a).
8 (4) "Antique firearm" has the meaning ascribed to it in 18 
9U.S.C. 921(a)(16).
10 (5) ".50 caliber rifle" means a centerfire rifle capable 
11of firing a .50 caliber cartridge. The term does not include 
12any antique firearm, any shotgun including a shotgun that has 
13a rifle barrel, or any muzzle-loader which uses black powder 
14for hunting or historical reenactments.
15 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
16caliber, either by designation or actual measurement, that is 
17capable of being fired from a centerfire rifle. The term ".50 
18caliber cartridge" does not include any memorabilia or display 
19item that is filled with a permanent inert substance or that is 
20otherwise permanently altered in a manner that prevents ready 
21modification for use as live ammunition or shotgun ammunition 
22with a caliber measurement that is equal to or greater than .50 
23caliber.
24 (7) "Detachable magazine" means an ammunition feeding 
25device that may be removed from a firearm without disassembly 
26of the firearm action, including an ammunition feeding device 
 
 
SB2136- 221 -LRB103 27172 RLC 53542 b


1that may be readily removed from a firearm with the use of a 
2bullet, cartridge, accessory, or other tool, or any other 
3object that functions as a tool, including a bullet or 
4cartridge.
5 (8) "Fixed magazine" means an ammunition feeding device 
6that is permanently attached to a firearm, or contained in and 
7not removable from a firearm, or that is otherwise not a 
8detachable magazine, but does not include an attached tubular 
9device designed to accept, and capable of operating only with, 
10.22 caliber rimfire ammunition. 
11 (b) Except as provided in subsections (c), (d), and (e), 
12on or after the effective date of this amendatory Act of the 
13102nd General Assembly, it is unlawful for any person within 
14this State to knowingly manufacture, deliver, sell, import, or 
15purchase or cause to be manufactured, delivered, sold, 
16imported, or purchased by another, an assault weapon, assault 
17weapon attachment, .50 caliber rifle, or .50 caliber 
18cartridge.
19 (c) Except as otherwise provided in subsection (d), 
20beginning January 1, 2024, it is unlawful for any person 
21within this State to knowingly possess an assault weapon, 
22assault weapon attachment, .50 caliber rifle, or .50 caliber 
23cartridge. 
24 (d) This Section does not apply to a person's possession 
25of an assault weapon, assault weapon attachment, .50 caliber 
26rifle, or .50 caliber cartridge device if the person lawfully 
 
 
SB2136- 222 -LRB103 27172 RLC 53542 b


1possessed that assault weapon, assault weapon attachment, .50 
2caliber rifle, or .50 caliber cartridge prohibited by 
3subsection (c) of this Section, if the person has provided in 
4an endorsement affidavit, prior to January 1, 2024, under oath 
5or affirmation and in the form and manner prescribed by the 
6Illinois State Police, no later than October 1, 2023:
7  (1) the affiant's Firearm Owner's Identification Card 
8 number;
9  (2) an affirmation that the affiant: (i) possessed an 
10 assault weapon, assault weapon attachment, .50 caliber 
11 rifle, or .50 caliber cartridge before the effective date 
12 of this amendatory Act of the 102nd General Assembly; or 
13 (ii) inherited the assault weapon, assault weapon 
14 attachment, .50 caliber rifle, or .50 caliber cartridge 
15 from a person with an endorsement under this Section or 
16 from a person authorized under subdivisions (1) through 
17 (5) of subsection (e) to possess the assault weapon, 
18 assault weapon attachment, .50 caliber rifle, or .50 
19 caliber cartridge; and
20  (3) the make, model, caliber, and serial number of the 
21 .50 caliber rifle or assault weapon or assault weapons 
22 listed in paragraphs (J), (K), and (L) of subdivision (1) 
23 of subsection (a) of this Section possessed by the affiant 
24 prior to the effective date of this amendatory Act of the 
25 102nd General Assembly and any assault weapons identified 
26 and published by the Illinois State Police pursuant to 
 
 
SB2136- 223 -LRB103 27172 RLC 53542 b


1 this subdivision (3).
No later than October 1, 2023, and 
2 every October 1 thereafter, the Illinois State Police 
3 shall, via rulemaking, identify, publish, and make 
4 available on its website, the list of assault weapons 
5 subject to an endorsement affidavit under this subsection 
6 (d). The list shall identify, but is not limited to, the 
7 copies, duplicates, variants, and altered facsimiles of 
8 the assault weapons identified in paragraphs (J), (K), and 
9 (L) of subdivision (1) of subsection (a) of this Section 
10 and shall be consistent with the definition of "assault 
11 weapon" identified in this Section.
The Illinois State 
12 Police may adopt emergency rulemaking in accordance with 
13 Section 5-45 of the Illinois Administrative Procedure Act. 
14 The adoption of emergency rules authorized by Section 5-45 
15 of the Illinois Administrative Procedure Act and this 
16 paragraph is deemed to be necessary for the public 
17 interest, safety, and welfare.
18 The affidavit form shall include the following statement 
19printed in bold type: "Warning: Entering false information on 
20this form is punishable as perjury under Section 32-2 of the 
21Criminal Code of 2012. Entering false information on this form 
22is a violation of the Firearm Owners Identification Card Act."
23 In any administrative, civil, or criminal proceeding in 
24this State, a completed endorsement affidavit submitted to the 
25Illinois State Police by a person under this Section creates a 
26rebuttable presumption that the person is entitled to possess 
 
 
SB2136- 224 -LRB103 27172 RLC 53542 b


1and transport the assault weapon, assault weapon attachment, 
2.50 caliber rifle, or .50 caliber cartridge. 
3 Beginning 90 days after the effective date of this 
4amendatory Act of the 102nd General Assembly, a person 
5authorized under this Section to possess an assault weapon, 
6assault weapon attachment, .50 caliber rifle, or .50 caliber 
7cartridge shall possess such items only: 
8  (1) on private property owned or immediately 
9 controlled by the person;
10  (2) on private property that is not open to the public 
11 with the express permission of the person who owns or 
12 immediately controls such property;
13  (3) while on the premises of a licensed firearms 
14 dealer or gunsmith for the purpose of lawful repair;
15  (4) while engaged in the legal use of the assault 
16 weapon, assault weapon attachment, .50 caliber rifle, or 
17 .50 caliber cartridge at a properly licensed firing range 
18 or sport shooting competition venue; or
19  (5) while traveling to or from these locations, 
20 provided that the assault weapon, assault weapon 
21 attachment, or .50 caliber rifle is unloaded and the 
22 assault weapon, assault weapon attachment, .50 caliber 
23 rifle, or .50 caliber cartridge is enclosed in a case, 
24 firearm carrying box, shipping box, or other container. 
25 Beginning on January 1, 2024, the person with the 
26endorsement for an assault weapon, assault weapon attachment, 
 
 
SB2136- 225 -LRB103 27172 RLC 53542 b


1.50 caliber rifle, or .50 caliber cartridge or a person 
2authorized under subdivisions (1) through (5) of subsection 
3(e) to possess an assault weapon, assault weapon attachment, 
4.50 caliber rifle, or .50 caliber cartridge may transfer the 
5assault weapon, assault weapon attachment, .50 caliber rifle, 
6or .50 caliber cartridge only to an heir, an individual 
7residing in another state maintaining it in another state, or 
8a dealer licensed as a federal firearms dealer under Section 
9923 of the federal Gun Control Act of 1968. Within 10 days 
10after transfer of the weapon except to an heir, the person 
11shall notify the Illinois State Police of the name and address 
12of the transferee and comply with the requirements of 
13subsection (b) of Section 3 of the Firearm Owners 
14Identification Card Act. The person to whom the weapon or 
15ammunition is transferred shall, within 60 days of the 
16transfer, complete an affidavit required under this Section. A 
17person to whom the weapon is transferred may transfer it only 
18as provided in this subsection.
19 Except as provided in subsection (e) and beginning on 
20January 1, 2024, any person who moves into this State in 
21possession of an assault weapon, assault weapon attachment, 
22.50 caliber rifle, or .50 caliber cartridge shall, within 60 
23days, apply for a Firearm Owners Identification Card and 
24complete an endorsement application as outlined in subsection 
25(d).
26 Notwithstanding any other law, information contained in 
 
 
SB2136- 226 -LRB103 27172 RLC 53542 b


1the endorsement affidavit shall be confidential, is exempt 
2from disclosure under the Freedom of Information Act, and 
3shall not be disclosed, except to law enforcement agencies 
4acting in the performance of their duties. 
5 (e) The provisions of this Section regarding the purchase 
6or possession of assault weapons, assault weapon attachments, 
7.50 caliber rifles, and .50 cartridges, as well as the 
8provisions of this Section that prohibit causing those items 
9to be purchased or possessed, do not apply to:
10  (1) Peace officers, as defined in Section 2-13 of this 
11 Code.
12  (2) Qualified law enforcement officers and qualified 
13 retired law enforcement officers as defined in the Law 
14 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
15 and 926C) and as recognized under Illinois law. 
16  (3) Acquisition and possession by a federal, State, or 
17 local law enforcement agency for the purpose of equipping 
18 the agency's peace officers as defined in paragraph (1) or 
19 (2) of this subsection (e). 
20  (4) Wardens, superintendents, and keepers of prisons, 
21 penitentiaries, jails, and other institutions for the 
22 detention of persons accused or convicted of an offense.
23  (5) Members of the Armed Services or Reserve Forces of 
24 the United States or the Illinois National Guard, while 
25 performing their official duties or while traveling to or 
26 from their places of duty.
 
 
SB2136- 227 -LRB103 27172 RLC 53542 b


1  (6) Any company that employs armed security officers 
2 in this State at a nuclear energy, storage, weapons, or 
3 development site or facility regulated by the federal 
4 Nuclear Regulatory Commission and any person employed as 
5 an armed security force member at a nuclear energy, 
6 storage, weapons, or development site or facility 
7 regulated by the federal Nuclear Regulatory Commission who 
8 has completed the background screening and training 
9 mandated by the rules and regulations of the federal 
10 Nuclear Regulatory Commission and while performing 
11 official duties. 
12  (7) Any private security contractor agency licensed 
13 under the Private Detective, Private Alarm, Private 
14 Security, Fingerprint Vendor, and Locksmith Act of 2004 
15 that employs private security contractors and any private 
16 security contractor who is licensed and has been issued a 
17 firearm control card under the Private Detective, Private 
18 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
19 Act of 2004 while performing official duties. 
20 The provisions of this Section do not apply to the 
21manufacture, delivery, sale, import, purchase, or possession 
22of an assault weapon, assault weapon attachment, .50 caliber 
23rifle, or .50 caliber cartridge or causing the manufacture, 
24delivery, sale, importation, purchase, or possession of those 
25items:
26  (A) for sale or transfer to persons authorized under 
 
 
SB2136- 228 -LRB103 27172 RLC 53542 b


1 subdivisions (1) through (7) of this subsection (e) to 
2 possess those items;
3  (B) for sale or transfer to the United States or any 
4 department or agency thereof; or
5  (C) for sale or transfer in another state or for 
6 export.
7 This Section does not apply to or affect any of the 
8following: 
9  (i) Possession of any firearm if that firearm is 
10 sanctioned by the International Olympic Committee and by 
11 USA Shooting, the national governing body for 
12 international shooting competition in the United States, 
13 but only when the firearm is in the actual possession of an 
14 Olympic target shooting competitor or target shooting 
15 coach for the purpose of storage, transporting to and from 
16 Olympic target shooting practice or events if the firearm 
17 is broken down in a nonfunctioning state, is not 
18 immediately accessible, or is unloaded and enclosed in a 
19 firearm case, carrying box, shipping box, or other similar 
20 portable container designed for the safe transportation of 
21 firearms, and when the Olympic target shooting competitor 
22 or target shooting coach is engaging in those practices or 
23 events. For the purposes of this paragraph (8), "firearm" 
24 has the meaning provided in Section 2-7.5 1.1 of the 
25 Firearm Owners Identification Card Act.
26  (ii) Any nonresident who transports, within 24 hours, 
 
 
SB2136- 229 -LRB103 27172 RLC 53542 b


1 a weapon for any lawful purpose from any place where the 
2 nonresident may lawfully possess and carry that weapon to 
3 any other place where the nonresident may lawfully possess 
4 and carry that weapon if, during the transportation, the 
5 weapon is unloaded, and neither the weapon nor any 
6 ammunition being transported is readily accessible or is 
7 directly accessible from the passenger compartment of the 
8 transporting vehicle. In the case of a vehicle without a 
9 compartment separate from the driver's compartment, the 
10 weapon or ammunition shall be contained in a locked 
11 container other than the glove compartment or console. 
12  (iii) Possession of a weapon at an event taking place 
13 at the World Shooting and Recreational Complex at Sparta, 
14 only while engaged in the legal use of the weapon, or while 
15 traveling to or from that location if the weapon is broken 
16 down in a nonfunctioning state, is not immediately 
17 accessible, or is unloaded and enclosed in a firearm case, 
18 carrying box, shipping box, or other similar portable 
19 container designed for the safe transportation of 
20 firearms. 
21  (iv) Possession of a weapon only for hunting use 
22 expressly permitted under the Wildlife Code, or while 
23 traveling to or from a location authorized for this 
24 hunting use under the Wildlife Code if the weapon is 
25 broken down in a nonfunctioning state, is not immediately 
26 accessible, or is unloaded and enclosed in a firearm case, 
 
 
SB2136- 230 -LRB103 27172 RLC 53542 b


1 carrying box, shipping box, or other similar portable 
2 container designed for the safe transportation of 
3 firearms. By October 1, 2023, the Illinois State Police, 
4 in consultation with the Department of Natural Resources, 
5 shall adopt rules concerning the list of applicable 
6 weapons approved under this subparagraph (iv). The 
7 Illinois State Police may adopt emergency rules in 
8 accordance with Section 5-45 of the Illinois 
9 Administrative Procedure Act. The adoption of emergency 
10 rules authorized by Section 5-45 of the Illinois 
11 Administrative Procedure Act and this paragraph is deemed 
12 to be necessary for the public interest, safety, and 
13 welfare. 
14  (v) The manufacture, transportation, possession, sale, 
15 or rental of blank-firing assault weapons and .50 caliber 
16 rifles, or the weapon's respective attachments, to persons 
17 authorized or permitted, or both authorized and permitted, 
18 to acquire and possess these weapons or attachments for 
19 the purpose of rental for use solely as props for a motion 
20 picture, television, or video production or entertainment 
21 event. 
22 Any person not subject to this Section may submit an 
23endorsement affidavit if the person chooses. 
24 (f) Any sale or transfer with a background check initiated 
25to the Illinois State Police on or before the effective date of 
26this amendatory Act of the 102nd General Assembly is allowed 
 
 
SB2136- 231 -LRB103 27172 RLC 53542 b


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

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

13 (720 ILCS 5/24-1.10)
14 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
15of large capacity ammunition feeding devices.
16 (a) In this Section:
17 "Handgun" has the meaning ascribed to it in the Firearm 
18Concealed Carry Act.
19 "Long gun" means a rifle or shotgun. 
20 "Large capacity ammunition feeding device" means:
21  (1) a magazine, belt, drum, feed strip, or similar 
22 device that has a capacity of, or that can be readily 
23 restored or converted to accept, more than 10 rounds of 
24 ammunition for long guns and more than 15 rounds of 
25 ammunition for handguns; or
 
 
SB2136- 232 -LRB103 27172 RLC 53542 b


1  (2) any combination of parts from which a device 
2 described in paragraph (1) can be assembled.
3 "Large capacity ammunition feeding device" does not 
4include an attached tubular device designed to accept, and 
5capable of operating only with, .22 caliber rimfire 
6ammunition. "Large capacity ammunition feeding device" does 
7not include a tubular magazine
that is contained in a 
8lever-action firearm or any device that has been made 
9permanently inoperable.
10 (b) Except as provided in subsections (e) and (f), it is 
11unlawful for any person within this State to knowingly 
12manufacture, deliver, sell, purchase, or cause to be 
13manufactured, delivered, sold, or purchased a large capacity 
14ammunition feeding device.
15 (c) Except as provided in subsections (d), (e), and (f), 
16and beginning 90 days after the effective date of this 
17amendatory Act of the 102nd General Assembly, it is unlawful 
18to knowingly possess a large capacity ammunition feeding 
19device. 
20 (d) Subsection (c) does not apply to a person's possession 
21of a large capacity ammunition feeding device if the person 
22lawfully possessed that large capacity ammunition feeding 
23device before the effective date of this amendatory Act of the 
24102nd General Assembly, provided that the person shall possess 
25such device only: 
26  (1) on private property owned or immediately 
 
 
SB2136- 233 -LRB103 27172 RLC 53542 b


1 controlled by the person;
2  (2) on private property that is not open to the public 
3 with the express permission of the person who owns or 
4 immediately controls such property;
5  (3) while on the premises of a licensed firearms 
6 dealer or gunsmith for the purpose of lawful repair;
7  (4) while engaged in the legal use of the large 
8 capacity ammunition feeding device at a properly licensed 
9 firing range or sport shooting competition venue; or
10  (5) while traveling to or from these locations, 
11 provided that the large capacity ammunition feeding device 
12 is stored unloaded and enclosed in a case, firearm 
13 carrying box, shipping box, or other container. 
14 A person authorized under this Section to possess a large 
15capacity ammunition feeding device may transfer the large 
16capacity ammunition feeding device only to an heir, an 
17individual residing in another state maintaining it in another 
18state, or a dealer licensed as a federal firearms dealer under 
19Section 923 of the federal Gun Control Act of 1968. Within 10 
20days after transfer of the large capacity ammunition feeding 
21device except to an heir, the person shall notify the Illinois 
22State Police of the name and address of the transferee and 
23comply with the requirements of subsection (b) of Section 3 of 
24the Firearm Owners Identification Card Act. The person to whom 
25the large capacity ammunition feeding device is transferred 
26shall, within 60 days of the transfer, notify the Illinois 
 
 
SB2136- 234 -LRB103 27172 RLC 53542 b


1State Police of the person's acquisition and comply with the 
2requirements of subsection (b) of Section 3 of the Firearm 
3Owners Identification Card Act. A person to whom the large 
4capacity ammunition feeding device is transferred may transfer 
5it only as provided in this subsection.
6 Except as provided in subsections (e) and (f) and 
7beginning 90 days after the effective date of this amendatory 
8Act of the 102nd General Assembly, any person who moves into 
9this State in possession of a large capacity ammunition 
10feeding device shall, within 60 days, apply for a Firearm 
11Owners Identification Card.
12 (e) The provisions of this Section regarding the purchase 
13or possession of large capacity ammunition feeding devices, as 
14well as the provisions of this Section that prohibit causing 
15those items to be purchased or possessed, do not apply to:
16  (1) Peace officers as defined in Section 2-13 of this 
17 Code.
18  (2) Qualified law enforcement officers and qualified 
19 retired law enforcement officers as defined in the Law 
20 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
21 and 926C) and as recognized under Illinois law. 
22  (3) A federal, State, or local law enforcement agency 
23 for the purpose of equipping the agency's peace officers 
24 as defined in paragraph (1) or (2) of this subsection (e). 
25  (4) Wardens, superintendents, and keepers of prisons, 
26 penitentiaries, jails, and other institutions for the 
 
 
SB2136- 235 -LRB103 27172 RLC 53542 b


1 detention of persons accused or convicted of an offense.
2  (5) Members of the Armed Services or Reserve Forces of 
3 the United States or the Illinois National Guard, while 
4 their official duties or while traveling to or from their 
5 places of duty.
6  (6) Any company that employs armed security officers 
7 in this State at a nuclear energy, storage, weapons, or 
8 development site or facility regulated by the federal 
9 Nuclear Regulatory Commission and any person employed as 
10 an armed security force member at a nuclear energy, 
11 storage, weapons, or development site or facility 
12 regulated by the federal Nuclear Regulatory Commission who 
13 has completed the background screening and training 
14 mandated by the rules and regulations of the federal 
15 Nuclear Regulatory Commission and while performing 
16 official duties. 
17  (7) Any private security contractor agency licensed 
18 under the Private Detective, Private Alarm, Private 
19 Security, Fingerprint Vendor, and Locksmith Act of 2004 
20 that employs private security contractors and any private 
21 security contractor who is licensed and has been issued a 
22 firearm control card under the Private Detective, Private 
23 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
24 Act of 2004 while performing official duties. 
25 (f) This Section does not apply to or affect any of the 
26following: 
 
 
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1  (1) Manufacture, delivery, sale, importation, 
2 purchase, or possession or causing to be manufactured, 
3 delivered, sold, imported, purchased, or possessed a large 
4 capacity ammunition feeding device:
5   (A) for sale or transfer to persons authorized 
6 under subdivisions (1) through (7) of subsection (e) 
7 to possess those items;
8   (B) for sale or transfer to the United States or 
9 any department or agency thereof; or
10   (C) for sale or transfer in another state or for 
11 export.
12  (2) Sale or rental of large capacity ammunition 
13 feeding devices for blank-firing assault weapons and .50 
14 caliber rifles, to persons authorized or permitted, or 
15 both authorized and permitted, to acquire these devices 
16 for the purpose of rental for use solely as props for a 
17 motion picture, television, or video production or 
18 entertainment event. 
19 (g) Sentence. A person who knowingly manufactures, 
20delivers, sells, purchases, possesses, or causes to be 
21manufactured, delivered, sold, possessed, or purchased in 
22violation of this Section a large capacity ammunition feeding 
23device capable of holding more than 10 rounds of ammunition 
24for long guns or more than 15 rounds of ammunition for handguns 
25commits a petty offense with a fine of $1,000 for each 
26violation.
 
 
SB2136- 237 -LRB103 27172 RLC 53542 b


1 (h) The Department of the State Police shall also develop 
2and implement a public notice and public outreach campaign to 
3promote awareness about the provisions of this amendatory Act 
4of the 102nd General Assembly and to increase compliance with 
5this Section. 

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



7 (720 ILCS 5/24-2)



8 Sec. 24-2. Exemptions. 

9 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1024-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
11the following:

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

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

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

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

24  (4) Special agents employed by a railroad or a public 
25 utility to
perform police functions, and guards of armored 
 
 
SB2136- 238 -LRB103 27172 RLC 53542 b


1 car companies, while
actually engaged in the performance 
2 of the duties of their employment or
commuting between 
3 their homes and places of employment; and watchmen
while 
4 actually engaged in the performance of the duties of their 
5 employment.

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

13 Private Security, Fingerprint Vendor, and Locksmith Act of 
14 2004,
while actually
engaged in the performance of the 
15 duties of their employment or commuting
between their 
16 homes and places of employment. A person shall be 
17 considered eligible for this
exemption if he or she has 
18 completed the required 20
hours of training for a private 
19 security contractor, private
detective, or private alarm 
20 contractor, or employee of a licensed private security 
21 contractor, private detective, or private alarm contractor 
22 agency and 28 hours of required firearm
training, and has 
23 been issued a firearm control card by
the Department of 
24 Financial and Professional Regulation. Conditions for the 
25 renewal of
firearm control cards issued under the 
26 provisions of this Section
shall be the same as for those 
 
 
SB2136- 239 -LRB103 27172 RLC 53542 b


1 cards issued under the provisions of the
Private 
2 Detective, Private Alarm,
Private Security, Fingerprint 
3 Vendor, and Locksmith Act of 2004. The
firearm control 
4 card shall be carried by the private security contractor, 
5 private
detective, or private alarm contractor, or 
6 employee of the licensed private security contractor, 
7 private detective, or private alarm contractor agency at 
8 all
times when he or she is in possession of a concealable 
9 weapon permitted by his or her firearm control card.

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

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

25 exemption if he or she has completed the required 20
hours 
26 of training for a security officer and 28 hours of 
 
 
SB2136- 240 -LRB103 27172 RLC 53542 b


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

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

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

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

16 any investigation for the Commission.

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

20 actually engaged in the performance of their duties, 
21 commuting between
their homes and places of employment, or 
22 traveling between sites or
properties owned or operated by 
23 such financial institution, and who, as a security guard, 
24 is a member of a security force registered with the 
25 Department; provided that
any person so employed has 
26 successfully completed a course of study,
approved by and 
 
 
SB2136- 241 -LRB103 27172 RLC 53542 b


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

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

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

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

 
 
SB2136- 242 -LRB103 27172 RLC 53542 b


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

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

8  (12.5) Probation officers while in the performance of 
9 their duties, or
while commuting between their homes, 
10 places of employment or specific locations
that are part 
11 of their assigned duties, with the consent of the chief 
12 judge of
the circuit for which they are employed, if they 
13 have received weapons training according
to requirements 
14 of the Peace Officer and Probation Officer Firearm 
15 Training Act.

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

20  (13.5) A person employed as an armed security guard at 
21 a nuclear energy,
storage, weapons or development site or 
22 facility regulated by the Nuclear
Regulatory Commission 
23 who has completed the background screening and training

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

26  (14) Manufacture, transportation, or sale of weapons 
 
 
SB2136- 243 -LRB103 27172 RLC 53542 b


1 to
persons
authorized under subdivisions (1) through 
2 (13.5) of this
subsection
to
possess those weapons.

3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
4to
or affect any person carrying a concealed pistol, revolver, 
5or handgun and the person has been issued a currently valid 
6license under the Firearm Concealed Carry Act at the time of 
7the commission of the offense.
8 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
9to
or affect a qualified current or retired law enforcement 
10officer or a current or retired deputy, county correctional 
11officer, or correctional officer of the Department of 
12Corrections qualified under the laws of this State or under 
13the federal Law Enforcement Officers Safety Act. 
14 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1524-1.6 do not
apply to or affect
any of the following:

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

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

24  (3) Hunters, trappers, or fishermen while engaged in 
25 lawful hunting,
trapping, or fishing under the provisions 
26 of the Wildlife Code or the Fish and Aquatic Life Code.

 
 
SB2136- 244 -LRB103 27172 RLC 53542 b


1  (4) Transportation of weapons that are broken down in 
2 a
non-functioning state or are not immediately accessible.

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

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

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

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

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

22  (5) Persons licensed under federal law to manufacture 
23 any weapon from
which 8 or more shots or bullets can be 
24 discharged by a
single function of the firing device, or 
25 ammunition for such weapons, and
actually engaged in the 
26 business of manufacturing such weapons or
ammunition, but 
 
 
SB2136- 245 -LRB103 27172 RLC 53542 b


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

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

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

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

26 shall also apply to any authorized agent of any such 
 
 
SB2136- 246 -LRB103 27172 RLC 53542 b


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

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

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

23 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
24Section 24-1.6
do not apply
to members of any club or 
25organization organized for the purpose of practicing
shooting 
26at targets upon established target ranges, whether public or 
 
 
SB2136- 247 -LRB103 27172 RLC 53542 b


1private,
while using their firearms on those target ranges.

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

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

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

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

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

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

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

25ammunition
for those firearms equipped with those devices, and 
26actually engaged in the
business of manufacturing those 
 
 
SB2136- 248 -LRB103 27172 RLC 53542 b


1devices, firearms, or ammunition, but only with
respect to

2activities that are within the lawful scope of that business, 
3such as the
manufacture, transportation, or testing of those 
4devices, firearms, or
ammunition. This
exemption does not 
5authorize the general private possession of any device or

6attachment of any kind designed, used, or intended for use in 
7silencing the
report of any firearm, but only such possession 
8and activities as are within
the
lawful scope of a licensed 
9manufacturing business described in this subsection
(g-5). 
10During transportation, these devices shall be detached from 
11any weapon
or
not immediately accessible.

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

1324-1.6 do not apply to
or affect any parole agent or parole 
14supervisor who meets the qualifications and conditions 
15prescribed in Section 3-14-1.5 of the Unified Code of 
16Corrections. 
17 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
18officer while serving as a member of a tactical response team 
19or special operations team. A peace officer may not personally 
20own or apply for ownership of a device or attachment of any 
21kind designed, used, or intended for use in silencing the 
22report of any firearm. These devices shall be owned and 
23maintained by lawfully recognized units of government whose 
24duties include the investigation of criminal acts.
25 (g-10) (Blank). 
26 (h) An information or indictment based upon a violation of 
 
 
SB2136- 249 -LRB103 27172 RLC 53542 b


1any
subsection of this Article need not negative any 
2exemptions contained in
this Article. The defendant shall have 
3the burden of proving such an
exemption.

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

18law to possess a firearm the possessor of a valid
Firearm 
19Owners Identification Card.

20(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; 
21102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised 
2212-14-22.)



23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

25 (A) A person commits the offense of unlawful sale or 
 
 
SB2136- 250 -LRB103 27172 RLC 53542 b


1delivery of firearms when he
or she knowingly does any of the 
2following:

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

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

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

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

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

 
 
SB2136- 251 -LRB103 27172 RLC 53542 b


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

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

7 without withholding delivery of the stun gun or taser for

8 at least 24 hours after application for its purchase has 
9 been made.
However,
this paragraph (g) does not apply to: 
10 (1) the sale of a firearm
to a law enforcement officer if 
11 the seller of the firearm knows that the person to whom he 
12 or she is selling the firearm is a law enforcement officer 
13 or the sale of a firearm to a person who desires to 
14 purchase a firearm for
use in promoting the public 
15 interest incident to his or her employment as a
bank 
16 guard, armed truck guard, or other similar employment; (2) 
17 a mail
order sale of a firearm from a federally licensed 
18 firearms dealer to a nonresident of Illinois under which 
19 the firearm
is mailed to a federally licensed firearms 
20 dealer outside the boundaries of Illinois; (3) (blank); 
21 (4) the sale of a
firearm to a dealer licensed as a federal 
22 firearms dealer under Section 923
of the federal Gun 
23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
24 sale of any rifle, shotgun, or other long gun to a resident 
25 registered competitor or attendee or non-resident 
26 registered competitor or attendee by any dealer licensed 
 
 
SB2136- 252 -LRB103 27172 RLC 53542 b


1 as a federal firearms dealer under Section 923 of the 
2 federal Gun Control Act of 1968 at competitive shooting 
3 events held at the World Shooting Complex sanctioned by a 
4 national governing body. For purposes of transfers or 
5 sales under subparagraph (5) of this paragraph (g), the 
6 Department of Natural Resources shall give notice to the 
7 Illinois State Police at least 30 calendar days prior to 
8 any competitive shooting events at the World Shooting 
9 Complex sanctioned by a national governing body. The 
10 notification shall be made on a form prescribed by the 
11 Illinois State Police. The sanctioning body shall provide 
12 a list of all registered competitors and attendees at 
13 least 24 hours before the events to the Illinois State 
14 Police. Any changes to the list of registered competitors 
15 and attendees shall be forwarded to the Illinois State 
16 Police as soon as practicable. The Illinois State Police 
17 must destroy the list of registered competitors and 
18 attendees no later than 30 days after the date of the 
19 event. Nothing in this paragraph (g) relieves a federally 
20 licensed firearm dealer from the requirements of 
21 conducting a NICS background check through the Illinois 
22 Point of Contact under 18 U.S.C. 922(t). For purposes of 
23 this paragraph (g), "application" means when the buyer and 
24 seller reach an agreement to purchase a firearm.
For 
25 purposes of this paragraph (g), "national governing body" 
26 means a group of persons who adopt rules and formulate 
 
 
SB2136- 253 -LRB103 27172 RLC 53542 b


1 policy on behalf of a national firearm sporting 
2 organization. 

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

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

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

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

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

26  A person "engaged in the business" means a person who 
 
 
SB2136- 254 -LRB103 27172 RLC 53542 b


1 devotes time,
attention, and
labor to
engaging in the 
2 activity as a regular course of trade or business with the

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

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

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

16  (k) (Blank). Sells or transfers ownership of a firearm 
17 to a person who does not display to the seller or 
18 transferor of the firearm either: (1) a currently valid 
19 Firearm Owner's Identification Card that has previously 
20 been issued in the transferee's name by the Illinois State 
21 Police under the provisions of the Firearm Owners 
22 Identification Card Act; or (2) a currently valid license 
23 to carry a concealed firearm that has previously been 
24 issued in the transferee's name by the
Illinois State 
25 Police under the Firearm Concealed Carry Act. This 
26 paragraph (k) does not apply to the transfer of a firearm 
 
 
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1 to a person who is exempt from the requirement of 
2 possessing a Firearm Owner's Identification Card under 
3 Section 2 of the Firearm Owners Identification Card Act. 
4 For the purposes of this Section, a currently valid 
5 Firearm Owner's Identification Card or license to carry a 
6 concealed firearm means receipt of an approval number 
7 issued in accordance with subsection (a-10) of Section 3 
8 or Section 3.1 of the Firearm Owners Identification Card 
9 Act.
10   (1) (Blank). In addition to the other requirements 
11 of this paragraph (k), all persons who are not 
12 federally licensed firearms dealers must also have 
13 complied with subsection (a-10) of Section 3 of the 
14 Firearm Owners Identification Card Act by determining 
15 the validity of a purchaser's Firearm Owner's 
16 Identification Card.
17   (2) (Blank). All sellers or transferors who have 
18 complied with the requirements of subparagraph (1) of 
19 this paragraph (k) shall not be liable for damages in 
20 any civil action arising from the use or misuse by the 
21 transferee of the firearm transferred, except for 
22 willful or wanton misconduct on the part of the seller 
23 or transferor. 
24  (l) Not
being entitled to the possession of a firearm, 
25 delivers the
firearm, knowing it to have been stolen or 
26 converted. It may be inferred that
a person who possesses 
 
 
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1 a firearm with knowledge that its serial number has
been 
2 removed or altered has knowledge that the firearm is 
3 stolen or converted. 
4 (B) Paragraph (h) of subsection (A) does not include 
5firearms sold within 6
months after enactment of Public
Act 
678-355 (approved August 21, 1973, effective October 1, 1973), 
7nor is any
firearm legally owned or
possessed by any citizen or 
8purchased by any citizen within 6 months after the
enactment 
9of Public Act 78-355 subject
to confiscation or seizure under 
10the provisions of that Public Act. Nothing in
Public Act 
1178-355 shall be construed to prohibit the gift or trade of
any 
12firearm if that firearm was legally held or acquired within 6 
13months after
the enactment of that Public Act.

14 (C) Sentence.

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

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

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

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

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

22  (5) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of
paragraph (a) or (i) of 
24 subsection (A) in residential property owned,
operated, or 
25 managed by a public housing agency or leased by a public 
26 housing
agency as part of a scattered site or mixed-income 
 
 
SB2136- 258 -LRB103 27172 RLC 53542 b


1 development, in a public
park, in a
courthouse, on 
2 residential property owned, operated, or managed by a 
3 public
housing agency or leased by a public housing agency 
4 as part of a scattered site
or mixed-income development, 
5 on the real property comprising any public park,
on the 
6 real
property comprising any courthouse, or on any public 
7 way within 1,000 feet
of the real property comprising any 
8 public park, courthouse, or residential
property owned, 
9 operated, or managed by a public housing agency or leased 
10 by a
public housing agency as part of a scattered site or 
11 mixed-income development
commits a
Class 2 felony.

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


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

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

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

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

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

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

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




6 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



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

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


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


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


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


20  (4) He has been a patient in a mental institution 
21 within the past 5 years
and has
any firearms or firearm 
22 ammunition in his possession. For purposes of this 
23 paragraph (4):
24   "Mental institution" means any hospital, 
25 institution, clinic, evaluation facility, mental 
 
 
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1 health center, or part thereof, which is used 
2 primarily for the care or treatment of persons with 
3 mental illness.
4   "Patient in a mental institution" means the person 
5 was admitted, either voluntarily or involuntarily, to 
6 a mental institution for mental health treatment, 
7 unless the treatment was voluntary and solely for an 
8 alcohol abuse disorder and no other secondary 
9 substance abuse disorder or mental illness; or


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


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

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

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

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

19 forcible felony under the laws of this State or any other 
20 jurisdiction within 20 years of the filing of the 
21 petition, or at least 20 years have passed since the end of 
22 any period of imprisonment imposed in relation to that 
23 conviction;
24  (3) the circumstances regarding a criminal
conviction, 
25 where applicable, the petitioner's criminal history and 
26 his reputation are such that the petitioner will not be 
 
 
SB2136- 264 -LRB103 27172 RLC 53542 b


1 likely to act in a manner dangerous to public safety;
2  (4) granting relief would not be contrary to the

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

5 law. 
6 (b) Sentence.

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


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

16targets upon established public or private target ranges or 
17hunting, trapping,
or fishing in accordance with the Wildlife 
18Code or the Fish and Aquatic Life
Code.

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





20 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



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

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

 
 
SB2136- 265 -LRB103 27172 RLC 53542 b


1 For purposes of this Section:

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

4constructed entirely (excluding the presence of traces of 
5other substances)
from tungsten alloys, steel, iron, brass, 
6bronze, beryllium copper
or depleted uranium, or fully 
7jacketed bullets larger than 22 caliber whose
jacket
has a 
8weight of more than 25% of the total weight of the projectile, 
9and
excluding those handgun
projectiles whose cores are 
10composed of soft materials such as lead or lead
alloys, zinc or 
11zinc alloys, frangible projectiles designed primarily for

12sporting purposes, and any
other projectiles or projectile 
13cores that the U. S. Secretary of the Treasury
finds to be 
14primarily intended to be used for sporting purposes or 
15industrial
purposes or that otherwise does not constitute 
16"armor piercing ammunition" as
that term is defined by federal 
17law.

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

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

25 "Flechette shell" means any shell that can be fired in a 
26firearm and expels
2 or more pieces of fin-stabilized solid 
 
 
SB2136- 266 -LRB103 27172 RLC 53542 b


1metal wire or 2 or more solid
dart-type
projectiles.

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

6shell, or flechette
shell,
intentionally or recklessly 
7discharges such firearm and such bullet or
shell strikes
any 
8other person.

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

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


15  (1) Peace officers;


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  (3) Members of the Armed Services or Reserve Forces of 
20 the United States
or the Illinois National Guard while in 
21 the performance of their official
duties;


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


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

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





 
 
SB2136- 267 -LRB103 27172 RLC 53542 b


1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



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

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

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

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





15 (720 ILCS 5/24-3.5)


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

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


19  (1) executed by a transferee
of a firearm stating: (i) 
20 the transferee's name and address (including county
or 
21 similar political subdivision); (ii) whether the 
22 transferee is a citizen of
the United States;
(iii) the 
23 transferee's State of residence; and (iv) the date and 
24 place of
birth, height, weight, and race of the 
 
 
SB2136- 268 -LRB103 27172 RLC 53542 b


1 transferee; and


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

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

10firearm with the intent to deliver that firearm to another 
11person who
is prohibited by federal or State law from 
12possessing a firearm.

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

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

25 (e) Sentence.


26  (1) A person who commits the offense of unlawful 
 
 
SB2136- 269 -LRB103 27172 RLC 53542 b


1 purchase of a
firearm:


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


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


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

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


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

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

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


22 (720 ILCS 5/24-3B)
23 Sec. 24-3B. Firearms trafficking.
24 (a) A person commits firearms trafficking when he or she 
25is prohibited under federal or State law from possessing a

 
 
SB2136- 270 -LRB103 27172 RLC 53542 b


1firearm has not been issued a currently valid Firearm Owner's 
2Identification Card and knowingly:
3  (1) brings, or causes to be brought, into this State, 
4 a firearm or firearm ammunition for the purpose of sale, 
5 delivery, or transfer to any other person or with the 
6 intent to sell, deliver, or transfer the firearm or 
7 firearm ammunition to any other person; or
8  (2) brings, or causes to be brought, into this State, 
9 a firearm and firearm ammunition for the purpose of sale, 
10 delivery, or transfer to any other person or with the 
11 intent to sell, deliver, or transfer the firearm and 
12 firearm ammunition to any other person.
13 (a-5) (Blank). This Section does not apply to: 
14  (1) a person exempt under Section 2 of the Firearm 
15 Owners Identification Card Act from the requirement of 
16 having possession of a Firearm Owner's Identification Card 
17 previously issued in his or her name by the Illinois State 
18 Police in order to acquire or possess a firearm or firearm 
19 ammunition; 
20  (2) a common carrier under subsection (i) of Section 
21 24-2 of this Code; or 
22  (3) a non-resident who may lawfully possess a firearm 
23 in his or her resident state. 
24 (b) Sentence.
25  (1) Firearms trafficking is a Class 1 felony for which 
26 the person, if sentenced to a term of imprisonment, shall 
 
 
SB2136- 271 -LRB103 27172 RLC 53542 b


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

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

9 (720 ILCS 5/24-4.1)

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

11 (a) If a person who possesses a valid Firearm Owner's 
12Identification Card and who possesses or acquires a firearm 
13thereafter loses the firearm, or if the firearm is stolen from 
14the person, the person must report the loss or theft to the 
15local law enforcement agency within 72 hours after obtaining 
16knowledge of the loss or theft.
17 (b) A law enforcement agency having jurisdiction shall 
18take a written report and shall, as soon as practical, enter 
19the firearm's serial number as stolen into the Law Enforcement 
20Agencies Data System (LEADS).
21 (c) A person shall not be in violation of this Section if:
22  (1) the failure to report is due to an act of God, act 
23 of war, or inability of a law enforcement agency to 
24 receive the report;
25  (2) the person is hospitalized, in a coma, or is 
 
 
SB2136- 272 -LRB103 27172 RLC 53542 b


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

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

9 (720 ILCS 5/24-4.5 new)

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

17allows the caller to be charged a fee not to exceed $2. Fees 
18collected by the Illinois
State Police shall be deposited in 
19the State Police Services Fund and used
to provide the 
20service.
21 (b) Upon receiving a request from a federally licensed 
22firearm dealer, gun show promoter, or gun show vendor, the

23Illinois State Police shall immediately approve, or within the 
24time
period established by Section 24-3 of this Code regarding

25the delivery of firearms, stun guns, and tasers notify the 
 
 
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1inquiring dealer, gun show promoter, or gun show vendor of any 
2objection that
would disqualify the transferee from acquiring 
3or possessing a firearm, stun gun, or taser. In
conducting the 
4inquiry, the Illinois State Police shall initiate and
complete 
5an automated search of its criminal history record information

6files and those of the Federal Bureau of Investigation, 
7including the
National Instant Criminal Background Check 
8System, and of the files of
the Department of Human Services 
9relating to mental health and
developmental disabilities to 
10obtain
any felony conviction or patient hospitalization 
11information which would
disqualify a person from obtaining a 
12firearm.
13 (c) If receipt of a firearm would not violate Section 24-3 
14of this Code or federal law, the Illinois State Police shall:

15  (1) assign a unique identification number to the 
16 transfer; and
17  (2) provide the licensee, gun show promoter, or gun 
18 show vendor with the number.
19 (d) Approvals issued by the Illinois State Police for the 
20purchase of a firearm are valid for 30 days from the date of 
21issue.

22 (e)(1) The Illinois State Police must act as the Illinois 
23Point of Contact
for the National Instant Criminal Background 
24Check System.
25 (2) The Illinois State Police and the Department of Human 
26Services shall, in accordance with State and federal law 
 
 
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1regarding confidentiality, enter into a memorandum of 
2understanding with the Federal Bureau of Investigation for the 
3purpose of implementing the National Instant Criminal 
4Background Check System in the State. The Department of State 
5Police shall report the name, date of birth, and physical 
6description of any person prohibited from possessing a firearm 
7under this Code or 18 U.S.C. 922(g) and (n) to the National 
8Instant Criminal Background Check System Index, Denied Persons 
9Files.
10 (f) The Illinois State Police shall adopt rules not 
11inconsistent with this Section to implement this
system.


12 (720 ILCS 5/24-5.1)
13 Sec. 24-5.1. Serialization of unfinished frames or 
14receivers; prohibition on unserialized firearms; exceptions; 
15penalties.
16 (a) In this Section:
17 "Bona fide supplier" means an established business entity 
18engaged in the development and sale of firearms parts to one or 
19more federal firearms manufacturers or federal firearms 
20importers. 
21 "Federal firearms dealer" means a licensed manufacturer 
22pursuant to 18 U.S.C. 921(a)(11).
23 "Federal firearms importer" means a licensed importer 
24pursuant to 18 U.S.C. 921(a)(9).
25 "Federal firearms manufacturer" means a licensed 
 
 
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1manufacturer pursuant to 18 U.S.C. 921(a)(10).
2 "Frame or receiver" means a part of a firearm that, when 
3the complete weapon is assembled, is visible from the exterior 
4and provides housing or a structure designed to hold or 
5integrate one or more fire control components, even if pins or 
6other attachments are required to connect those components to 
7the housing or structure. For models of firearms in which 
8multiple parts provide such housing or structure, the part or 
9parts that the Director of the federal Bureau of Alcohol, 
10Tobacco, Firearms and Explosives has determined are a frame or 
11receiver constitute the frame or receiver. For purposes of 
12this definition, "fire control component" means a component 
13necessary for the firearm to initiate, complete, or continue 
14the firing sequence, including any of the following: hammer, 
15bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
16firing pin, striker, or slide rails.
17 "Security exemplar" means an object to be fabricated at 
18the direction of the United States Attorney General that is 
19(1) constructed of 3.7 ounces of material type 17-4 PH 
20stainless steel in a shape resembling a handgun and (2) 
21suitable for testing and calibrating metal detectors. 
22 "Three-dimensional printer" means a computer or 
23computer-drive machine capable of producing a 
24three-dimensional object from a digital model.
25 "Undetectable firearm" means (1) a firearm constructed 
26entirely of non-metal substances; (2) a firearm that, after 
 
 
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1removal of all parts but the major components of the firearm, 
2is not detectable by walk-through metal detectors calibrated 
3and operated to detect the security exemplar; or (3) a firearm 
4that includes a major component of a firearm, which, if 
5subject to the types of detection devices commonly used at 
6airports for security screening, would not generate an image 
7that accurately depicts the shape of the component. 
8"Undetectable firearm" does not include a firearm subject to 
9the provisions of 18 U.S.C. 922(p)(3) through (6). 
10 "Unfinished frame or receiver" means any forging, casting, 
11printing, extrusion, machined body, or similar article that:
12  (1) has reached a stage in manufacture where it may 
13 readily be completed, assembled, or converted to be a 
14 functional firearm; or
15  (2) is marketed or sold to the public to become or be 
16 used as the frame or receiver of a functional firearm once 
17 completed, assembled, or converted.
18 "Unserialized" means lacking a serial number imprinted by:
19  (1) a federal firearms manufacturer, federal firearms 
20 importer, federal firearms dealer, or other federal 
21 licensee authorized to provide marking services, pursuant 
22 to a requirement under federal law; or
23  (2) a federal firearms dealer or other federal 
24 licensee authorized to provide marking services pursuant 
25 to subsection (f) of this Section. 
26 (b) It is unlawful for any person to knowingly sell, offer 
 
 
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1to sell, or transfer an unserialized unfinished frame or 
2receiver or unserialized firearm, including those produced 
3using a three-dimensional printer, unless the party purchasing 
4or receiving the unfinished frame or receiver or unserialized 
5firearm is a federal firearms importer, federal firearms 
6manufacturer, or federal firearms dealer.
7 (c) Beginning 180 days after the effective date of this 
8amendatory Act of the 102nd General Assembly, it is unlawful 
9for any person to knowingly possess, transport, or receive an 
10unfinished frame or receiver, unless:
11  (1) the party possessing or receiving the unfinished 
12 frame or receiver is a federal firearms importer or 
13 federal firearms manufacturer;
14  (2) the unfinished frame or receiver is possessed or 
15 transported by a person for transfer to a federal firearms 
16 importer or federal firearms manufacturer; or
17  (3) the unfinished frame or receiver has been 
18 imprinted with a serial number issued by a federal 
19 firearms importer or federal firearms manufacturer in 
20 compliance with subsection (f) of this Section. 
21 (d) Beginning 180 days after the effective date of this 
22amendatory Act of the 102nd General Assembly, unless the party 
23receiving the firearm is a federal firearms importer or 
24federal firearms manufacturer, it is unlawful for any person 
25to knowingly possess, purchase, transport, or receive a 
26firearm that is not imprinted with a serial number by (1) a 
 
 
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1federal firearms importer or federal firearms manufacturer in 
2compliance with all federal laws and regulations regulating 
3the manufacture and import of firearms or (2) a federal 
4firearms manufacturer, federal firearms dealer, or other 
5federal licensee authorized to provide marking services in 
6compliance with the unserialized firearm serialization process 
7under subsection (f) of this Section. 
8 (e) Any firearm or unfinished frame or receiver 
9manufactured using a three-dimensional printer must also be 
10serialized in accordance with the requirements of subsection 
11(f) within 30 days after the effective date of this amendatory 
12Act of the 102nd General Assembly, or prior to reaching a stage 
13of manufacture where it may be readily completed, assembled, 
14or converted to be a functional firearm.
15 (f) Unserialized unfinished frames or receivers and 
16unserialized firearms serialized pursuant to this Section 
17shall be serialized in compliance with all of the following:
18  (1) An unserialized unfinished frame or receiver and 
19 unserialized firearm shall be serialized by a federally 
20 licensed firearms dealer or other federal licensee 
21 authorized to provide marking services with the licensee's 
22 abbreviated federal firearms license number as a prefix 
23 (which is the first 3 and last 5 digits) followed by a 
24 hyphen, and then followed by a number as a suffix, such as 
25 12345678-(number). The serial number or numbers must be 
26 placed in a manner that accords with the requirements 
 
 
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1 under federal law for affixing serial numbers to firearms, 
2 including the requirements that the serial number or 
3 numbers be at the minimum size and depth, and not 
4 susceptible to being readily obliterated, altered, or 
5 removed, and the licensee must retain records that accord 
6 with the requirements under federal law in the case of the 
7 sale of a firearm. The imprinting of any serial number 
8 upon a undetectable firearm must be done on a steel plaque 
9 in compliance with 18 U.S.C. 922(p).
10  (2) Every federally licensed firearms dealer or other 
11 federal licensee that engraves, casts, stamps, or 
12 otherwise conspicuously and permanently places a unique 
13 serial number pursuant to this Section shall maintain a 
14 record of such indefinitely. Licensees subject to the 
15 Firearm Dealer License Certification Act shall make all 
16 records accessible for inspection upon the request of the 
17 Illinois State Police or a law enforcement agency in 
18 accordance with Section 5-35 of the Firearm Dealer License 
19 Certification Act.
20  (3) Every federally licensed firearms dealer or other 
21 federal licensee that engraves, casts, stamps, or 
22 otherwise conspicuously and permanently places a unique 
23 serial number pursuant to this Section shall record it at 
24 the time of every transaction involving the transfer of a 
25 firearm, rifle, shotgun, finished frame or receiver, or 
26 unfinished frame or receiver that has been so marked in 
 
 
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1 compliance with the federal guidelines set forth in 27 CFR 
2 478.124.
3  (4) (Blank). Every federally licensed firearms dealer 
4 or other federal licensee that engraves, casts, stamps, or 
5 otherwise conspicuously and permanently places a unique 
6 serial number pursuant to this Section shall review and 
7 confirm the validity of the owner's Firearm Owner's 
8 Identification Card issued under the Firearm Owners 
9 Identification Card Act prior to returning the firearm to 
10 the owner.
11 (g) Within 30 days after the effective date of this 
12amendatory Act of the 102nd General Assembly, the Director of 
13the Illinois State Police shall issue a public notice 
14regarding the provisions of this Section. The notice shall 
15include posting on the Illinois State Police website and may 
16include written notification or any other means of 
17communication statewide to all Illinois-based federal firearms 
18manufacturers, federal firearms dealers, or other federal 
19licensees authorized to provide marking services in compliance 
20with the serialization process in subsection (f) in order to 
21educate the public.
22 (h) Exceptions. This Section does not apply to an 
23unserialized unfinished frame or receiver or an unserialized 
24firearm that:
25  (1) has been rendered permanently inoperable;
26  (2) is an antique firearm, as defined in 18 U.S.C. 
 
 
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1 921(a)(16);
2  (3) was manufactured prior to October 22, 1968;
3  (4) is an unfinished frame or receiver and is 
4 possessed by a bona fide supplier exclusively for transfer 
5 to a federal firearms manufacturer or federal firearms 
6 importer, or is possessed by a federal firearms 
7 manufacturer or federal firearms importer in compliance 
8 with all federal laws and regulations regulating the 
9 manufacture and import of firearms; except this exemption 
10 does not apply if an unfinished frame or receiver is 
11 possessed for transfer or is transferred to a person other 
12 than a federal firearms manufacturer or federal firearms 
13 importer; or 
14  (5) is possessed by a person who received the 
15 unserialized unfinished frame or receiver or unserialized 
16 firearm through inheritance, and is not otherwise 
17 prohibited from possessing the unserialized unfinished 
18 frame or receiver or unserialized firearm, for a period 
19 not exceeding 30 days after inheriting the unserialized 
20 unfinished frame or receiver or unserialized firearm. 
21 (i) Penalties.
22  (1) A person who violates subsection (c) or (d) is 
23 guilty of a Class A misdemeanor for a first violation and 
24 is guilty of a Class 3 felony for a second or subsequent 
25 violation.
26  (2) A person who violates subsection (b) is guilty of 
 
 
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1 a Class 4 felony for a first violation and is guilty of a 
2 Class 2 felony for a second or subsequent violation.

3(Source: P.A. 102-889, eff. 5-18-22.)




4 (720 ILCS 5/24-9)



5 Sec. 24-9. Firearms; Child Protection. 

6 (a) Except as provided in
subsection (c), it is unlawful

7for any person to
store or leave, within premises under his or 
8her control, a firearm if
the
person knows or has reason to 
9believe that a minor under the age of 14
years who does not 
10have a Firearm Owners Identification Card is likely to gain

11access to the firearm without the lawful permission
of the 
12person possessing the firearm, minor's parent, guardian, or 
13person having charge of the minor, and
the minor causes death 
14or great bodily harm with the firearm, unless
the firearm is:


15  (1) secured by a device or mechanism, other than the 
16 firearm safety,
designed to render a firearm temporarily 
17 inoperable; or


18  (2) placed in a securely locked box or container; or


19  (3) placed in some other location that a reasonable 
20 person would
believe to be secure from a minor under the 
21 age of 14 years.

22 (b) Sentence. A person who violates this Section is guilty 
23of a Class C
misdemeanor and shall be fined not less than 
24$1,000. A second or subsequent
violation of this Section is a 
25Class A misdemeanor.

 
 
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1 (c) Subsection (a) does not apply:


2  (1) if the minor under 14 years of age gains access to 
3 a
firearm and uses it in a lawful act of self-defense or 
4 defense of another; or


5  (2) to any firearm obtained by a minor under the age of 
6 14 because of
an unlawful entry of the premises by the 
7 minor or another person.

8 (d) (Blank). For the purposes of this Section, "firearm" 
9has the meaning ascribed
to it in Section
1.1 of the Firearm 
10Owners Identification Card Act.

11(Source: P.A. 91-18, eff. 1-1-00.)


12 Section 80. The Methamphetamine Control and Community 
13Protection Act is amended by changing Section 10 as follows:

14 (720 ILCS 646/10)

15 Sec. 10. Definitions. As used in this Act:
16 "Anhydrous ammonia" has the meaning provided in subsection 
17(d) of Section 3 of the Illinois Fertilizer Act of 1961.

18 "Anhydrous ammonia equipment" means all items used to 
19store, hold, contain, handle, transfer, transport, or apply 
20anhydrous ammonia for lawful purposes.

21 "Booby trap" means any device designed to cause physical 
22injury when triggered by an act of a person approaching, 
23entering, or moving through a structure, a vehicle, or any 
24location where methamphetamine has been manufactured, is being 
 
 
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1manufactured, or is intended to be manufactured.

2 "Deliver" or "delivery" has the meaning provided in 
3subsection (h) of Section 102 of the Illinois Controlled 
4Substances Act.

5 "Director" means the Director of the Illinois State Police 
6or the Director's designated agents.

7 "Dispose" or "disposal" means to abandon, discharge, 
8release, deposit, inject, dump, spill, leak, or place 
9methamphetamine waste onto or into any land, water, or well of 
10any type so that the waste has the potential to enter the 
11environment, be emitted into the air, or be discharged into 
12the soil or any waters, including groundwater.

13 "Emergency response" means the act of collecting evidence 
14from or securing a methamphetamine laboratory site, 
15methamphetamine waste site or other methamphetamine-related 
16site and cleaning up the site, whether these actions are 
17performed by public entities or private contractors paid by 
18public entities.

19 "Emergency service provider" means a local, State, or 
20federal peace officer, firefighter, emergency medical 
21technician-ambulance, emergency
medical 
22technician-intermediate, emergency medical 
23technician-paramedic, ambulance driver, or other medical or 
24first aid personnel rendering aid, or any agent or designee of 
25the foregoing.

26 "Finished methamphetamine" means methamphetamine in a form 
 
 
SB2136- 285 -LRB103 27172 RLC 53542 b


1commonly used for personal consumption.
2 "Firearm" has the meaning provided in Section 2-7.5 of the 
3Criminal Code of 2012 1.1 of the Firearm Owners Identification 
4Card Act.

5 "Manufacture" means to produce, prepare, compound, 
6convert, process, synthesize, concentrate, purify, separate, 
7extract, or package any methamphetamine, methamphetamine 
8precursor, methamphetamine manufacturing catalyst, 
9methamphetamine manufacturing reagent, methamphetamine 
10manufacturing solvent, or any substance containing any of the 
11foregoing.

12 "Methamphetamine" means the chemical methamphetamine (a 
13Schedule II controlled substance under the Illinois Controlled 
14Substances Act) or any salt, optical isomer, salt of optical 
15isomer, or analog thereof, with the exception of 
163,4-Methylenedioxymethamphetamine (MDMA) or any other 
17scheduled substance with a separate listing under the Illinois 
18Controlled Substances Act.
19 "Methamphetamine manufacturing catalyst" means any 
20substance that has been used, is being used, or is intended to 
21be used to activate, accelerate, extend, or improve a chemical 
22reaction involved in the manufacture of methamphetamine.

23 "Methamphetamine manufacturing environment" means a 
24structure or vehicle in which:

25  (1) methamphetamine is being or has been manufactured;

26  (2) chemicals that are being used, have been used, or 
 
 
SB2136- 286 -LRB103 27172 RLC 53542 b


1 are intended to be used to manufacture methamphetamine are 
2 stored;

3  (3) methamphetamine manufacturing materials that have 
4 been used to manufacture methamphetamine are stored; or

5  (4) methamphetamine manufacturing waste is stored.

6 "Methamphetamine manufacturing material" means any 
7methamphetamine precursor, substance containing any 
8methamphetamine precursor, methamphetamine manufacturing 
9catalyst, substance containing any methamphetamine 
10manufacturing catalyst, methamphetamine manufacturing 
11reagent, substance containing any methamphetamine 
12manufacturing reagent, methamphetamine manufacturing solvent, 
13substance containing any methamphetamine manufacturing 
14solvent, or any other chemical, substance, ingredient, 
15equipment, apparatus, or item that is being used, has been 
16used, or is intended to be used in the manufacture of 
17methamphetamine.

18 "Methamphetamine manufacturing reagent" means any 
19substance other than a methamphetamine manufacturing catalyst 
20that has been used, is being used, or is intended to be used to 
21react with and chemically alter any methamphetamine precursor.
22 "Methamphetamine manufacturing solvent" means any 
23substance that has been used, is being used, or is intended to 
24be used as a medium in which any methamphetamine precursor, 
25methamphetamine manufacturing catalyst, methamphetamine 
26manufacturing reagent, or any substance containing any of the 
 
 
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1foregoing is dissolved, diluted, or washed during any part of 
2the methamphetamine manufacturing process.

3 "Methamphetamine manufacturing waste" means any chemical, 
4substance, ingredient, equipment, apparatus, or item that is 
5left over from, results from, or is produced by the process of 
6manufacturing methamphetamine, other than finished 
7methamphetamine.

8 "Methamphetamine precursor" means ephedrine, 
9pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
10phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
11isomer, or salt of an optical isomer of any of these chemicals.

12 "Multi-unit dwelling" means a unified structure used or 
13intended for use as a habitation, home, or residence that 
14contains 2 or more condominiums, apartments, hotel rooms, 
15motel rooms, or other living units.

16 "Package" means an item marked for retail sale that is not 
17designed to be further broken down or subdivided for the 
18purpose of retail sale.

19 "Participate" or "participation" in the manufacture of 
20methamphetamine means to produce, prepare, compound, convert, 
21process, synthesize, concentrate, purify, separate, extract, 
22or package any methamphetamine, methamphetamine precursor, 
23methamphetamine manufacturing catalyst, methamphetamine 
24manufacturing reagent, methamphetamine manufacturing solvent, 
25or any substance containing any of the foregoing, or to assist 
26in any of these actions, or to attempt to take any of these 
 
 
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1actions, regardless of whether this action or these actions 
2result in the production of finished methamphetamine.

3 "Person with a disability" means a person who suffers from 
4a permanent physical or mental impairment resulting from 
5disease, injury, functional disorder, or congenital condition 
6which renders the person incapable of adequately providing for 
7his or her own health and personal care.

8 "Procure" means to purchase, steal, gather, or otherwise 
9obtain, by legal or illegal means, or to cause another to take 
10such action.

11 "Second or subsequent offense" means an offense under this 
12Act committed by an offender who previously committed an 
13offense under this Act, the Illinois Controlled Substances 
14Act, the Cannabis Control Act, or another Act of this State, 
15another state, or the United States relating to 
16methamphetamine, cannabis, or any other controlled substance.

17 "Standard dosage form", as used in relation to any 
18methamphetamine precursor, means that the methamphetamine 
19precursor is contained in a pill, tablet, capsule, caplet, gel 
20cap, or liquid cap that has been manufactured by a lawful 
21entity and contains a standard quantity of methamphetamine 
22precursor.

23 "Unauthorized container", as used in relation to anhydrous 
24ammonia, means any container that is not designed for the 
25specific and sole purpose of holding, storing, transporting, 
26or applying anhydrous ammonia. "Unauthorized container" 
 
 
SB2136- 289 -LRB103 27172 RLC 53542 b


1includes, but is not limited to, any propane tank, fire 
2extinguisher, oxygen cylinder, gasoline can, food or beverage 
3cooler, or compressed gas cylinder used in dispensing fountain 
4drinks. "Unauthorized container" does not encompass anhydrous 
5ammonia manufacturing plants, refrigeration systems
where 
6anhydrous ammonia is used solely as a refrigerant, anhydrous 
7ammonia transportation pipelines, anhydrous ammonia tankers, 
8or anhydrous ammonia barges.


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

10 Section 85. The Code of Criminal Procedure of 1963 is 
11amended by changing Sections 102-7.1, 110-10, 112A-11.1, 
12112A-11.2, 112A-14, and 112A-14.7 as follows:

13 (725 ILCS 5/102-7.1)
14 (Text of Section before amendment by P.A. 102-982)
15 Sec. 102-7.1. "Category A offense". "Category A offense" 
16means a Class 1 felony, Class 2 felony, Class X felony, first 
17degree murder, a violation of Section 11-204 of the Illinois 
18Vehicle Code, a second or subsequent violation of Section 
1911-501 of the Illinois Vehicle Code, a violation of subsection 
20(d) of Section 11-501 of the Illinois Vehicle Code, a 
21violation of Section 11-401 of the Illinois Vehicle Code if 
22the accident results in injury and the person failed to report 
23the accident within 30 minutes, a violation of Section 9-3, 
249-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 
 
 
SB2136- 290 -LRB103 27172 RLC 53542 b


111-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 
212-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 
324-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a 
4second or subsequent violation of 12-3.2 or 12-3.4 of the 
5Criminal Code of 2012, a violation of paragraph (5) or (6) of 
6subsection (b) of Section 10-9 of the Criminal Code of 2012, a 
7violation of subsection (b) or (c) or paragraph (1) or (2) of 
8subsection (a) of Section 11-1.50 of the Criminal Code of 
92012, a violation of Section 12-7 of the Criminal Code of 2012 
10if the defendant inflicts bodily harm on the victim to obtain a 
11confession, statement, or information, a violation of Section 
1212-7.5 of the Criminal Code of 2012 if the action results in 
13bodily harm, a violation of paragraph (3) of subsection (b) of 
14Section 17-2 of the Criminal Code of 2012, a violation of 
15subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 
162012, a violation of paragraph (6) of subsection (a) of 
17Section 24-1 of the Criminal Code of 2012, a first violation of 
18Section 24-1.6 of the Criminal Code of 2012 by a person 18 
19years of age or older where the factors listed in both items 
20(A) and (C) or both items (A-5) and (C) of paragraph (3) of 
21subsection (a) of Section 24-1.6 of the Criminal Code of 2012 
22are present, a Class 3 felony violation of paragraph (1) of

23subsection (a) of Section 2 of the Firearm Owners 
24Identification Card Act committed before the effective date of 
25this amendatory Act of the 103rd General Assembly, or a 
26violation of Section 10 of the Sex Offender Registration Act. 

 
 
SB2136- 291 -LRB103 27172 RLC 53542 b


1(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

2 (Text of Section after amendment by P.A. 102-982)
3 Sec. 102-7.1. "Category A offense". "Category A offense" 
4means a Class 1 felony, Class 2 felony, Class X felony, first 
5degree murder, a violation of Section 11-204 of the Illinois 
6Vehicle Code, a second or subsequent violation of Section 
711-501 of the Illinois Vehicle Code, a violation of subsection 
8(d) of Section 11-501 of the Illinois Vehicle Code, a 
9violation of Section 11-401 of the Illinois Vehicle Code if 
10the crash results in injury and the person failed to report the 
11crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
1210-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
1312-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
1412-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
1525-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
16subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
17of 2012, a violation of paragraph (5) or (6) of subsection (b) 
18of Section 10-9 of the Criminal Code of 2012, a violation of 
19subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
20of Section 11-1.50 of the Criminal Code of 2012, a violation of 
21Section 12-7 of the Criminal Code of 2012 if the defendant 
22inflicts bodily harm on the victim to obtain a confession, 
23statement, or information, a violation of Section 12-7.5 of 
24the Criminal Code of 2012 if the action results in bodily harm, 
25a violation of paragraph (3) of subsection (b) of Section 17-2 
 
 
SB2136- 292 -LRB103 27172 RLC 53542 b


1of the Criminal Code of 2012, a violation of subdivision 
2(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
3violation of paragraph (6) of subsection (a) of Section 24-1 
4of the Criminal Code of 2012, a first violation of Section 
524-1.6 of the Criminal Code of 2012 by a person 18 years of age 
6or older where the factors listed in both items (A) and (C) or 
7both items (A-5) and (C) of paragraph (3) of subsection (a) of 
8Section 24-1.6 of the Criminal Code of 2012 are present, a 
9Class 3 felony violation of paragraph (1) of
subsection (a) of 
10Section 2 of the Firearm Owners Identification Card Act 
11committed before the effective date of this amendatory Act of 
12the 103rd General Assembly, or a violation of Section 10 of the 
13Sex Offender Registration Act. 

14(Source: P.A. 102-982, eff. 7-1-23.)



15 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



16 Sec. 110-10. Conditions of pretrial release. 

17 (a) If a person is released prior to conviction, the 
18conditions of pretrial release shall be that he or she will:

19  (1) Appear to answer the charge in the court having 
20 jurisdiction on
a day certain and thereafter as ordered by 
21 the court until discharged or
final order of the court;

22  (2) Submit himself or herself to the orders and 
23 process of the court;

24  (3) (Blank);

25  (4) Not violate any criminal statute of any 
 
 
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1 jurisdiction;

2  (5) At a time and place designated by the court, 
3 surrender all firearms
in his or her possession to a law 
4 enforcement officer designated by the court
to take 
5 custody of and impound the firearms
and physically

6 surrender his or her Firearm Owner's Identification Card 
7 to the clerk of the
circuit court
when the offense the 
8 person has
been charged with is a forcible felony, 
9 stalking, aggravated stalking, domestic
battery, any 
10 violation of the Illinois Controlled Substances Act, the 
11 Methamphetamine Control and Community Protection Act, or 
12 the
Cannabis Control Act that is classified as a Class 2 or 
13 greater felony, or any
felony violation of Article 24 of 
14 the Criminal Code of 1961 or the Criminal Code of 2012; the 
15 court
may,
however, forgo the imposition of this condition 
16 when the
circumstances of the
case clearly do not warrant 
17 it or when its imposition would be
impractical;
if the 
18 Firearm Owner's Identification Card is confiscated, the 
19 clerk of the circuit court shall mail the confiscated card 
20 to the Illinois State Police; all legally possessed 
21 firearms shall be returned to the person upon
the charges 
22 being dismissed, or if the person is found not guilty, 
23 unless the
finding of not guilty is by reason of insanity; 
24 and

25  (6) At a time and place designated by the court, 
26 submit to a
psychological
evaluation when the person has 
 
 
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1 been charged with a violation of item (4) of
subsection

2 (a) of Section 24-1 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012 and that violation occurred in
a 
4 school
or in any conveyance owned, leased, or contracted 
5 by a school to transport
students to or
from school or a 
6 school-related activity, or on any public way within 1,000

7 feet of real
property comprising any school.

8 Psychological evaluations ordered pursuant to this Section 
9shall be completed
promptly
and made available to the State, 
10the defendant, and the court. As a further
condition of 
11pretrial release under
these circumstances, the court shall 
12order the defendant to refrain from
entering upon the
property 
13of the school, including any conveyance owned, leased, or 
14contracted
by a school to
transport students to or from school 
15or a school-related activity, or on any public way within

161,000 feet of real property comprising any school. Upon 
17receipt of the psychological evaluation,
either the State or 
18the defendant may request a change in the conditions of 
19pretrial release, pursuant to
Section 110-6 of this Code. The 
20court may change the conditions of pretrial release to include 
21a
requirement that the defendant follow the recommendations of 
22the psychological evaluation,
including undergoing psychiatric 
23treatment. The conclusions of the
psychological evaluation and

24any statements elicited from the defendant during its 
25administration are not
admissible as evidence
of guilt during 
26the course of any trial on the charged offense, unless the

 
 
SB2136- 295 -LRB103 27172 RLC 53542 b


1defendant places his or her
mental competency in issue.

2 (b) Additional conditions of release shall be set only 
3when it is determined that they are necessary to ensure the 
4defendant's appearance in court, ensure the defendant does not 
5commit any criminal offense, ensure the defendant complies 
6with all conditions of pretrial release,
prevent the 
7defendant's unlawful interference with the orderly 
8administration
of justice, or ensure compliance with the rules 
9and procedures of problem solving courts. However, conditions 
10shall include the least restrictive means and be 
11individualized. Conditions shall not mandate rehabilitative 
12services unless directly tied to the risk of pretrial 
13misconduct. Conditions of supervision shall not include 
14punitive measures such as community service work or 
15restitution. Conditions may include the following:

16  (0.05) Not depart this State without leave of the 
17 court; 
18  (1) Report to or appear in person before such person 
19 or agency as the
court may direct;

20  (2) Refrain from possessing a firearm or other 
21 dangerous weapon;

22  (3) Refrain from approaching or communicating with 
23 particular persons or
classes of persons;

24  (4) Refrain from going to certain described geographic 
25 areas or
premises;

26  (5) Be placed under direct supervision of the Pretrial 
 
 
SB2136- 296 -LRB103 27172 RLC 53542 b


1 Services
Agency, Probation Department or Court Services 
2 Department in a pretrial
home supervision capacity with or 
3 without the use of an approved
electronic monitoring 
4 device subject to Article 8A of Chapter V of the
Unified 
5 Code of Corrections;

6  (6) For persons charged with violating Section 11-501 
7 of the Illinois
Vehicle Code, refrain from operating a 
8 motor vehicle not equipped with an
ignition interlock 
9 device, as defined in Section 1-129.1 of the Illinois

10 Vehicle Code,
pursuant to the rules promulgated by the 
11 Secretary of State for the
installation of ignition

12 interlock devices. Under this condition the court may 
13 allow a defendant who is
not
self-employed to operate a 
14 vehicle owned by the defendant's employer that is
not 
15 equipped with an ignition interlock device in the course 
16 and scope of the
defendant's employment;

17  (7) Comply with the terms and conditions of an order 
18 of protection
issued by the court under the Illinois 
19 Domestic Violence Act of 1986 or an
order of protection 
20 issued by the court of another state, tribe, or United

21 States territory;

22  (8) Sign a written admonishment requiring that he or 
23 she comply with the provisions of Section 110-12 regarding 
24 any change in his or her address. The defendant's address 
25 shall at all times remain a matter of record with the clerk 
26 of the court; and

 
 
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1  (9) Such other reasonable conditions as the court may 
2 impose, so long as these conditions are the least 
3 restrictive means to achieve the goals listed in 
4 subsection (b), are individualized, and are in accordance 
5 with national best practices as detailed in the Pretrial 
6 Supervision Standards of the Supreme Court.
7 The defendant shall receive verbal and written 
8notification of conditions of pretrial release and future 
9court dates, including the date, time, and location of court. 

10 (c) When a person is charged with an offense under Section 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

1212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
13Criminal Code of 2012, involving a victim who is a
minor under 
1418 years of age living in the same household with the defendant

15at the time of the offense, in releasing the defendant, the 
16judge shall impose conditions to restrict the
defendant's 
17access to the victim which may include, but are not limited to

18conditions that he will:

19  1. Vacate the household.

20  2. Make payment of temporary support to his 
21 dependents.

22  3. Refrain from contact or communication with the 
23 child victim, except
as ordered by the court.

24 (d) When a person is charged with a criminal offense and 
25the victim is
a family or household member as defined in 
26Article 112A, conditions shall
be imposed at the time of the 
 
 
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1defendant's release that restrict the
defendant's access to 
2the victim.
Unless provided otherwise by the court, the

3restrictions shall include
requirements that the defendant do 
4the following:

5  (1) refrain from contact or communication with the 
6 victim for a
minimum period of 72 hours following the 
7 defendant's release; and

8  (2) refrain from entering or remaining at the victim's 
9 residence for a
minimum period of 72 hours following the 
10 defendant's release.

11 (e) Local law enforcement agencies shall develop 
12standardized pretrial release forms
for use in cases involving 
13family or household members as defined in
Article 112A, 
14including specific conditions of pretrial release as provided 
15in
subsection (d). Failure of any law enforcement department 
16to develop or use
those forms shall in no way limit the 
17applicability and enforcement of
subsections (d) and (f).

18 (f) If the defendant is released after conviction 
19following appeal or other post-conviction proceeding, the

20conditions of the pretrial release shall be that he will, in 
21addition to the
conditions set forth in subsections (a) and 
22(b) hereof:

23  (1) Duly prosecute his appeal;

24  (2) Appear at such time and place as the court may 
25 direct;

26  (3) Not depart this State without leave of the court;

 
 
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1  (4) Comply with such other reasonable conditions as 
2 the court may
impose; and

3  (5) If the judgment is affirmed or the cause reversed 
4 and remanded
for a new trial, forthwith surrender to the 
5 officer from whose custody
he was released.

6 (g) Upon a finding of guilty for any felony offense, the 
7defendant shall
physically surrender, at a time and place 
8designated by the court,
any and all firearms in his or her 
9possession and his or her Firearm Owner's
Identification Card 
10as a condition of being released pending sentencing.

11(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
12102-1104, eff. 1-1-23.)


13 (725 ILCS 5/112A-11.1)
14 Sec. 112A-11.1. Procedure for determining whether certain 
15misdemeanor crimes
are crimes of domestic violence for 
16purposes of federal
law.
17 (a) When a defendant has been charged with a violation of 
18Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
19Criminal Code of 1961 or the Criminal Code of 2012, the State 
20may, at arraignment or no later than 45 days after 
21arraignment, for the purpose of notification to the Illinois 
22State Police Firearm Owner's Identification Card Office, serve 
23on the defendant and file with the court a notice alleging that 
24conviction of the offense would subject the defendant to the 
25prohibitions of 18 U.S.C. 922(g)(9) because of the 
 
 
SB2136- 300 -LRB103 27172 RLC 53542 b


1relationship between the defendant and the alleged victim and 
2the nature of the alleged offense.
3 (b) The notice shall include the name of the person 
4alleged to be the victim of the crime and shall specify the 
5nature of the alleged relationship as set forth in 18 U.S.C. 
6921(a)(33)(A)(ii). It shall also specify the element of the 
7charged offense which requires the use or attempted use of 
8physical force, or the threatened use of a deadly weapon, as 
9set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
10notice that the defendant is entitled to a hearing on the 
11allegation contained in the notice and that if the allegation 
12is sustained, that determination and conviction shall be 
13reported to the Illinois State Police Firearm Owner's 
14Identification Card Office.
15 (c) After having been notified as provided in subsection 
16(b) of this Section, the defendant may stipulate or admit, 
17orally on the record or in writing, that conviction of the 
18offense would subject the defendant to the prohibitions of 18 
19U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
20922(g)(9) shall be deemed established for purposes of Section 
21112A-11.2. If the defendant denies the applicability of 18 
22U.S.C. 922(g)(9) as alleged in the notice served by the State, 
23or stands mute with respect to that allegation, then the State 
24shall bear the burden to prove beyond a reasonable doubt that 
25the offense is one to which the prohibitions of 18 U.S.C. 
26922(g)(9) apply. The court may consider reliable hearsay 
 
 
SB2136- 301 -LRB103 27172 RLC 53542 b


1evidence submitted by either party provided that it is 
2relevant to the determination of the allegation. Facts 
3previously proven at trial or elicited at the time of entry of 
4a plea of guilty shall be deemed established beyond a 
5reasonable doubt and shall not be relitigated. At the 
6conclusion of the hearing, or upon a stipulation or admission, 
7as applicable, the court shall make a specific written 
8determination with respect to the allegation.

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

10 (725 ILCS 5/112A-11.2)
11 Sec. 112A-11.2. Notification to the Illinois State Police 
12Firearm Owner's Identification Card Office of
determinations 
13in certain misdemeanor cases. Upon judgment of conviction of a 
14violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
1512-3.5 of the Criminal Code of 1961 or the Criminal Code of 
162012 when the defendant has been determined, under Section 
17112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
18922(g)(9), the circuit court clerk shall include notification 
19and a copy of the written determination in a report of the 
20conviction to the Illinois State Police Firearm Owner's 
21Identification Card Office to enable the office to report that 
22determination to the Federal Bureau of Investigation and 
23assist the Bureau in identifying persons prohibited from 
24purchasing and possessing a firearm pursuant to the provisions 
25of 18 U.S.C. 922.

 
 
SB2136- 302 -LRB103 27172 RLC 53542 b


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



2 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


3 Sec. 112A-14. Domestic violence order of protection; 
4remedies. 

5 (a) (Blank).

6 (b) The court may order any of the remedies listed in this 
7subsection (b).
The remedies listed in this subsection (b) 
8shall be in addition to other civil
or criminal remedies 
9available to petitioner.

10  (1) Prohibition of abuse. Prohibit respondent's 
11 harassment,
interference with personal liberty, 
12 intimidation of a dependent, physical
abuse, or willful 
13 deprivation, as defined in this Article, if such abuse has

14 occurred or otherwise appears likely to occur if not 
15 prohibited.

16  (2) Grant of exclusive possession of residence. 
17 Prohibit respondent
from entering or remaining in any 
18 residence, household, or premises of the petitioner,

19 including one owned or leased by respondent, if petitioner 
20 has a right
to occupancy thereof. The grant of exclusive 
21 possession of the residence, household, or premises
shall 
22 not affect title to real property, nor shall the court be 
23 limited by
the standard set forth in subsection (c-2) of 
24 Section 501 of the Illinois Marriage and
Dissolution of 
25 Marriage Act.

 
 
SB2136- 303 -LRB103 27172 RLC 53542 b


1   (A) Right to occupancy. A party has a right to 
2 occupancy of a
residence or household if it is
solely 
3 or jointly owned or leased by that party, that party's 
4 spouse, a
person with a legal duty to support that 
5 party or a minor child in that
party's care, or by any 
6 person or entity other than the opposing party that

7 authorizes that party's occupancy (e.g., a domestic 
8 violence shelter).
Standards set forth in subparagraph 
9 (B) shall not preclude equitable relief.

10   (B) Presumption of hardships. If petitioner and 
11 respondent
each has the right to occupancy of a 
12 residence or household, the court
shall balance (i) 
13 the hardships to respondent and any minor child or

14 dependent adult in respondent's care resulting from 
15 entry of this remedy with (ii)
the hardships to 
16 petitioner and any minor child or dependent adult in

17 petitioner's care resulting from continued exposure to 
18 the risk of abuse (should
petitioner remain at the 
19 residence or household) or from loss of possession
of 
20 the residence or household (should petitioner leave to 
21 avoid the risk
of abuse). When determining the balance 
22 of hardships, the court shall also
take into account 
23 the accessibility of the residence or household.

24 Hardships need not be balanced if respondent does not 
25 have a right to occupancy.

26   The balance of hardships is presumed to favor 
 
 
SB2136- 304 -LRB103 27172 RLC 53542 b


1 possession by
petitioner unless the presumption is 
2 rebutted by a preponderance of the
evidence, showing 
3 that the hardships to respondent substantially 
4 outweigh
the hardships to petitioner and any minor 
5 child or dependent adult in petitioner's
care. The 
6 court, on the request of petitioner or on its own 
7 motion,
may order respondent to provide suitable, 
8 accessible, alternate housing
for petitioner instead 
9 of
excluding respondent from a mutual residence or 
10 household.

11  (3) Stay away order and additional prohibitions.
Order 
12 respondent to stay away from petitioner or any other 
13 person
protected by the domestic violence order of 
14 protection, or prohibit respondent from entering
or 
15 remaining present at petitioner's school, place of 
16 employment, or other
specified places at times when 
17 petitioner is present, or both, if
reasonable, given
the 
18 balance of hardships. Hardships need not be balanced for 
19 the court
to enter a stay away order or prohibit entry
if 
20 respondent has no right to enter the premises.

21   (A) If a domestic violence order of protection 
22 grants petitioner exclusive possession
of the 
23 residence, prohibits respondent from entering the 
24 residence,
or orders respondent to stay away from 
25 petitioner or other
protected persons, then the court 
26 may allow respondent access to the
residence to remove 
 
 
SB2136- 305 -LRB103 27172 RLC 53542 b


1 items of clothing and personal adornment
used 
2 exclusively by respondent, medications, and other 
3 items as the court directs.
The right to access shall 
4 be exercised on only one occasion as the court directs

5 and in the presence of an agreed-upon adult third 
6 party or law enforcement officer.

7   (B) When the petitioner and the respondent attend 
8 the same public, private, or non-public elementary, 
9 middle, or high school, the court when issuing a 
10 domestic violence order of protection and providing 
11 relief shall consider the severity of the act, any 
12 continuing physical danger or emotional distress to 
13 the petitioner, the educational rights guaranteed to 
14 the petitioner and respondent under federal and State 
15 law, the availability of a transfer of the respondent 
16 to another school, a change of placement or a change of 
17 program of the respondent, the expense, difficulty, 
18 and educational disruption that would be caused by a 
19 transfer of the respondent to another school, and any 
20 other relevant facts of the case. The court may order 
21 that the respondent not attend the public, private, or 
22 non-public elementary, middle, or high school attended 
23 by the petitioner, order that the respondent accept a 
24 change of placement or change of program, as 
25 determined by the school district or private or 
26 non-public school, or place restrictions on the 
 
 
SB2136- 306 -LRB103 27172 RLC 53542 b


1 respondent's movements within the school attended by 
2 the petitioner. The respondent bears the burden of 
3 proving by a preponderance of the evidence that a 
4 transfer, change of placement, or change of program of 
5 the respondent is not available. The respondent also 
6 bears the burden of production with respect to the 
7 expense, difficulty, and educational disruption that 
8 would be caused by a transfer of the respondent to 
9 another school. A transfer, change of placement, or 
10 change of program is not unavailable to the respondent 
11 solely on the ground that the respondent does not 
12 agree with the school district's or private or 
13 non-public school's transfer, change of placement, or 
14 change of program or solely on the ground that the 
15 respondent fails or refuses to consent or otherwise 
16 does not take an action required to effectuate a 
17 transfer, change of placement, or change of program. 
18 When a court orders a respondent to stay away from the 
19 public, private, or non-public school attended by the 
20 petitioner and the respondent requests a transfer to 
21 another attendance center within the respondent's 
22 school district or private or non-public school, the 
23 school district or private or non-public school shall 
24 have sole discretion to determine the attendance 
25 center to which the respondent is transferred. If the 
26 court order results in a transfer of the minor 
 
 
SB2136- 307 -LRB103 27172 RLC 53542 b


1 respondent to another attendance center, a change in 
2 the respondent's placement, or a change of the 
3 respondent's program, the parents, guardian, or legal 
4 custodian of the respondent is responsible for 
5 transportation and other costs associated with the 
6 transfer or change.
7   (C) The court may order the parents, guardian, or 
8 legal custodian of a minor respondent to take certain 
9 actions or to refrain from taking certain actions to 
10 ensure that the respondent complies with the order. If 
11 the court orders a transfer of the respondent to 
12 another school, the parents, guardian, or legal 
13 custodian of the respondent is responsible for 
14 transportation and other costs associated with the 
15 change of school by the respondent. 
16  (4) Counseling. Require or recommend the respondent to 
17 undergo
counseling for a specified duration with a social 
18 worker, psychologist,
clinical psychologist, 
19 psychiatrist, family service agency, alcohol or
substance 
20 abuse program, mental health center guidance counselor, 
21 agency
providing services to elders, program designed for 
22 domestic violence
abusers, or any other guidance service 
23 the court deems appropriate. The court may order the 
24 respondent in any intimate partner relationship to report 
25 to an Illinois Department of Human Services protocol 
26 approved partner abuse intervention program for an 
 
 
SB2136- 308 -LRB103 27172 RLC 53542 b


1 assessment and to follow all recommended treatment. 

2  (5) Physical care and possession of the minor child. 
3 In order to protect
the minor child from abuse, neglect, 
4 or unwarranted separation from the person
who has been the 
5 minor child's primary caretaker, or to otherwise protect 
6 the
well-being of the minor child, the court may do either 
7 or both of the following:
(i) grant petitioner physical 
8 care or possession of the minor child, or both, or
(ii) 
9 order respondent to return a minor child to, or not remove 
10 a minor child
from, the physical care of a parent or person 
11 in loco parentis.

12  If the respondent is charged with abuse
(as defined in 
13 Section 112A-3 of this Code) of a minor child, there shall 
14 be a
rebuttable presumption that awarding physical care to 
15 respondent would not
be in the minor child's best 
16 interest.

17  (6) Temporary allocation of parental responsibilities 
18 and significant decision-making responsibilities.
Award 
19 temporary significant decision-making responsibility to 
20 petitioner in accordance with this Section,
the Illinois 
21 Marriage
and Dissolution of Marriage Act, the Illinois 
22 Parentage Act of 2015,
and this State's Uniform 
23 Child-Custody
Jurisdiction and Enforcement Act. 

24  If the respondent
is charged with abuse (as defined in 
25 Section 112A-3 of this Code) of a
minor child, there shall 
26 be a rebuttable presumption that awarding
temporary 
 
 
SB2136- 309 -LRB103 27172 RLC 53542 b


1 significant decision-making responsibility to respondent 
2 would not be in the
child's best interest.

3  (7) Parenting time. Determine the parenting time, if 
4 any, of respondent in any case in which the court
awards 
5 physical care or temporary significant decision-making 
6 responsibility of a minor child to
petitioner. The court 
7 shall restrict or deny respondent's parenting time with
a 
8 minor child if
the court finds that respondent has done or 
9 is likely to do any of the
following:
10   (i) abuse or endanger the minor child during 
11 parenting time;
12   (ii) use the parenting time
as an opportunity to 
13 abuse or harass petitioner or
petitioner's family or 
14 household members;
15   (iii) improperly conceal or
detain the minor 
16 child; or
17   (iv) otherwise act in a manner that is not in
the 
18 best interests of the minor child. 
19  The court shall not be limited by the
standards set 
20 forth in Section 603.10 of the Illinois Marriage and

21 Dissolution of Marriage Act. If the court grants parenting 
22 time, the order
shall specify dates and times for the 
23 parenting time to take place or other
specific parameters 
24 or conditions that are appropriate. No order for parenting 
25 time
shall refer merely to the term "reasonable parenting 
26 time". Petitioner may deny respondent access to the minor 
 
 
SB2136- 310 -LRB103 27172 RLC 53542 b


1 child if, when
respondent arrives for parenting time, 
2 respondent is under the influence of drugs
or alcohol and 
3 constitutes a threat to the safety and well-being of

4 petitioner or petitioner's minor children or is behaving 
5 in a violent or abusive manner. If necessary to protect 
6 any member of petitioner's family or
household from future 
7 abuse, respondent shall be prohibited from coming to

8 petitioner's residence to meet the minor child for 
9 parenting time, and the petitioner and respondent
shall 
10 submit to the court their recommendations for reasonable

11 alternative arrangements for parenting time. A person may 
12 be approved to
supervise parenting time only after filing 
13 an affidavit accepting
that responsibility and 
14 acknowledging accountability to the court.

15  (8) Removal or concealment of minor child.
Prohibit 
16 respondent from
removing a minor child from the State or 
17 concealing the child within the
State.

18  (9) Order to appear. Order the respondent to
appear in 
19 court, alone
or with a minor child, to prevent abuse, 
20 neglect, removal or concealment of
the child, to return 
21 the child to the custody or care of the petitioner, or
to 
22 permit any court-ordered interview or examination of the 
23 child or the
respondent.

24  (10) Possession of personal property. Grant petitioner 
25 exclusive
possession of personal property and, if 
26 respondent has possession or
control, direct respondent to 
 
 
SB2136- 311 -LRB103 27172 RLC 53542 b


1 promptly make it available to petitioner, if:

2   (i) petitioner, but not respondent, owns the 
3 property; or

4   (ii) the petitioner and respondent own the 
5 property jointly; sharing it would risk
abuse of 
6 petitioner by respondent or is impracticable; and the 
7 balance of
hardships favors temporary possession by 
8 petitioner.

9  If petitioner's sole claim to ownership of the 
10 property is that it is
marital property, the court may 
11 award petitioner temporary possession
thereof under the 
12 standards of subparagraph (ii) of this paragraph only if
a 
13 proper proceeding has been filed under the Illinois 
14 Marriage and
Dissolution of Marriage Act, as now or 
15 hereafter amended.

16  No order under this provision shall affect title to 
17 property.

18  (11) Protection of property. Forbid the respondent 
19 from taking,
transferring, encumbering, concealing, 
20 damaging, or otherwise disposing of
any real or personal 
21 property, except as explicitly authorized by the
court, 
22 if:

23   (i) petitioner, but not respondent, owns the 
24 property; or

25   (ii) the petitioner and respondent own the 
26 property jointly,
and the balance of hardships favors 
 
 
SB2136- 312 -LRB103 27172 RLC 53542 b


1 granting this remedy.

2  If petitioner's sole claim to ownership of the 
3 property is that it is
marital property, the court may 
4 grant petitioner relief under subparagraph
(ii) of this 
5 paragraph only if a proper proceeding has been filed under 
6 the
Illinois Marriage and Dissolution of Marriage Act, as 
7 now or hereafter amended.

8  The court may further prohibit respondent from 
9 improperly using the
financial or other resources of an 
10 aged member of the family or household
for the profit or 
11 advantage of respondent or of any other person.

12  (11.5) Protection of animals. Grant the petitioner the 
13 exclusive care, custody, or control of any animal owned, 
14 possessed, leased, kept, or held by either the petitioner 
15 or the respondent or a minor child residing in the 
16 residence or household of either the petitioner or the 
17 respondent and order the respondent to stay away from the 
18 animal and forbid the respondent from taking, 
19 transferring, encumbering, concealing, harming, or 
20 otherwise disposing of the animal.

21  (12) Order for payment of support. Order
respondent to 
22 pay temporary
support for the petitioner or any child in 
23 the petitioner's care or over whom the petitioner has been 
24 allocated parental responsibility, when the respondent has 
25 a legal obligation to support that person,
in accordance 
26 with the Illinois Marriage and Dissolution
of Marriage 
 
 
SB2136- 313 -LRB103 27172 RLC 53542 b


1 Act, which shall govern, among other matters, the amount 
2 of
support, payment through the clerk and withholding of 
3 income to secure
payment. An order for child support may 
4 be granted to a petitioner with
lawful physical care of a 
5 child, or an order or agreement for
physical care of a 
6 child, prior to entry of an order allocating significant 
7 decision-making responsibility.
Such a support order shall 
8 expire upon entry of a valid order allocating parental 
9 responsibility differently and vacating petitioner's 
10 significant decision-making responsibility unless 
11 otherwise provided in the order.

12  (13) Order for payment of losses. Order
respondent to 
13 pay petitioner
for losses suffered as a direct result of 
14 the abuse. Such losses shall
include, but not be limited 
15 to, medical expenses, lost earnings or other
support, 
16 repair or replacement of property damaged or taken, 
17 reasonable
attorney's fees, court costs, and moving or 
18 other travel expenses, including
additional reasonable 
19 expenses for temporary shelter and restaurant meals.

20   (i) Losses affecting family needs. If a party is 
21 entitled to seek
maintenance, child support, or 
22 property distribution from the other party
under the 
23 Illinois Marriage and Dissolution of Marriage Act, as 
24 now or
hereafter amended, the court may order 
25 respondent to reimburse petitioner's
actual losses, to 
26 the extent that such reimbursement would be 
 
 
SB2136- 314 -LRB103 27172 RLC 53542 b


1 "appropriate
temporary relief", as authorized by 
2 subsection (a)(3) of
Section 501 of that Act.

3   (ii) Recovery of expenses. In the case of an 
4 improper concealment
or removal of a minor child, the 
5 court may order respondent to pay the reasonable

6 expenses incurred or to be incurred in the search for 
7 and recovery of the
minor child, including, but not 
8 limited to, legal fees, court costs, private

9 investigator fees, and travel costs.

10  (14) Prohibition of entry. Prohibit the respondent 
11 from entering or
remaining in the residence or household 
12 while the respondent is under the
influence of alcohol or 
13 drugs and constitutes a threat to the safety and

14 well-being of the petitioner or the petitioner's children.

15  (14.5) Prohibition of firearm possession. 
16   (A) A person who is subject to an existing 
17 domestic violence order of protection issued under 
18 this Code may not lawfully possess firearms, stun 
19 guns, or tasers weapons or a Firearm Owner's 
20 Identification Card under Section 8.2 of the Firearm 
21 Owners Identification Card Act.
22   (B) Any firearms in the
possession of the 
23 respondent, except as provided in subparagraph (C) of 
24 this paragraph (14.5), shall be ordered by the court 
25 to be turned
over to a person who is not prohibited

26 under State or federal law from possessing firearms 
 
 
SB2136- 315 -LRB103 27172 RLC 53542 b


1 with a valid Firearm Owner's Identification Card for 
2 safekeeping. The court shall issue an order that the 
3 respondent comply with Section 9.5 of the Firearm 
4 Owners Identification Card Act.

5   (C) If the respondent is a peace officer as 
6 defined in Section 2-13 of
the
Criminal Code of 2012, 
7 the court shall order that any firearms used by the

8 respondent in the performance of his or her duties as a

9 peace officer be surrendered to
the chief law 
10 enforcement executive of the agency in which the 
11 respondent is
employed, who shall retain the firearms 
12 for safekeeping for the duration of the domestic 
13 violence order of protection.

14   (D) Upon expiration of the period of safekeeping, 
15 if the firearms or Firearm Owner's Identification Card 
16 cannot be returned to respondent because respondent 
17 cannot be located, fails to respond to requests to 
18 retrieve the firearms, or is not lawfully eligible to 
19 possess a firearm, upon petition from the local law 
20 enforcement agency, the court may order the local law 
21 enforcement agency to destroy the firearms, use the 
22 firearms for training purposes, or for any other 
23 application as deemed appropriate by the local law 
24 enforcement agency; or that the firearms be turned 
25 over to a third party who is lawfully eligible to 
26 possess firearms, and who does not reside with 
 
 
SB2136- 316 -LRB103 27172 RLC 53542 b


1 respondent. 
2  (15) Prohibition of access to records. If a domestic 
3 violence order of protection
prohibits respondent from 
4 having contact with the minor child,
or if petitioner's 
5 address is omitted under subsection (b) of
Section 112A-5 
6 of this Code, or if necessary to prevent abuse or wrongful 
7 removal or
concealment of a minor child, the order shall 
8 deny respondent access to, and
prohibit respondent from 
9 inspecting, obtaining, or attempting to
inspect or obtain, 
10 school or any other records of the minor child
who is in 
11 the care of petitioner.

12  (16) Order for payment of shelter services. Order 
13 respondent to
reimburse a shelter providing temporary 
14 housing and counseling services to
the petitioner for the 
15 cost of the services, as certified by the shelter
and 
16 deemed reasonable by the court.

17  (17) Order for injunctive relief. Enter injunctive 
18 relief necessary
or appropriate to prevent further abuse 
19 of a family or household member or
to effectuate one of the 
20 granted remedies, if supported by the balance of

21 hardships. If the harm to be prevented by the injunction 
22 is abuse or any
other harm that one of the remedies listed 
23 in paragraphs (1) through (16)
of this subsection is 
24 designed to prevent, no further evidence is necessary
to 
25 establish that the harm is an irreparable injury.

26  (18) Telephone services.
 
 
SB2136- 317 -LRB103 27172 RLC 53542 b


1   (A) Unless a condition described in subparagraph 
2 (B) of this paragraph exists, the court may, upon 
3 request by the petitioner, order a wireless telephone 
4 service provider to transfer to the petitioner the 
5 right to continue to use a telephone number or numbers 
6 indicated by the petitioner and the financial 
7 responsibility associated with the number or numbers, 
8 as set forth in subparagraph (C) of this paragraph. In 
9 this paragraph (18), the term "wireless telephone 
10 service provider" means a provider of commercial 
11 mobile service as defined in 47 U.S.C. 332. The 
12 petitioner may request the transfer of each telephone 
13 number that the petitioner, or a minor child in his or 
14 her custody, uses. The clerk of the court shall serve 
15 the order on the wireless telephone service provider's 
16 agent for service of process provided to the Illinois 
17 Commerce Commission. The order shall contain all of 
18 the following: 
19    (i) The name and billing telephone number of 
20 the account holder including the name of the 
21 wireless telephone service provider that serves 
22 the account.
23    (ii) Each telephone number that will be 
24 transferred.
25    (iii) A statement that the provider transfers 
26 to the petitioner all financial responsibility for 
 
 
SB2136- 318 -LRB103 27172 RLC 53542 b


1 and right to the use of any telephone number 
2 transferred under this paragraph.
3   (B) A wireless telephone service provider shall 
4 terminate the respondent's use of, and shall transfer 
5 to the petitioner use of, the telephone number or 
6 numbers indicated in subparagraph (A) of this 
7 paragraph unless it notifies the petitioner, within 72 
8 hours after it receives the order, that one of the 
9 following applies:
10    (i) The account holder named in the order has 
11 terminated the account.
12    (ii) A difference in network technology would 
13 prevent or impair the functionality of a device on 
14 a network if the transfer occurs.
15    (iii) The transfer would cause a geographic or 
16 other limitation on network or service provision 
17 to the petitioner.
18    (iv) Another technological or operational 
19 issue would prevent or impair the use of the 
20 telephone number if the transfer occurs.
21   (C) The petitioner assumes all financial 
22 responsibility for and right to the use of any 
23 telephone number transferred under this paragraph. In 
24 this paragraph, "financial responsibility" includes 
25 monthly service costs and costs associated with any 
26 mobile device associated with the number.
 
 
SB2136- 319 -LRB103 27172 RLC 53542 b


1   (D) A wireless telephone service provider may 
2 apply to the petitioner its routine and customary 
3 requirements for establishing an account or 
4 transferring a number, including requiring the 
5 petitioner to provide proof of identification, 
6 financial information, and customer preferences.

7   (E) Except for willful or wanton misconduct, a 
8 wireless telephone service provider is immune from 
9 civil liability for its actions taken in compliance 
10 with a court order issued under this paragraph.
11   (F) All wireless service providers that provide 
12 services to residential customers shall provide to the 
13 Illinois Commerce Commission the name and address of 
14 an agent for service of orders entered under this 
15 paragraph (18). Any change in status of the registered 
16 agent must be reported to the Illinois Commerce 
17 Commission within 30 days of such change. 
18   (G) The Illinois Commerce Commission shall 
19 maintain the list of registered agents for service for 
20 each wireless telephone service provider on the 
21 Commission's website. The Commission may consult with 
22 wireless telephone service providers and the Circuit 
23 Court Clerks on the manner in which this information 
24 is provided and displayed. 
25 (c) Relevant factors; findings.

26  (1) In determining whether to grant a
specific remedy, 
 
 
SB2136- 320 -LRB103 27172 RLC 53542 b


1 other than payment of support, the
court shall consider 
2 relevant factors, including, but not limited to, the

3 following:

4   (i) the nature, frequency, severity, pattern, and 
5 consequences of the
respondent's past abuse of the 
6 petitioner or any family or household
member, 
7 including the concealment of his or her location in 
8 order to evade
service of process or notice, and the 
9 likelihood of danger of future abuse to
petitioner or

10 any member of petitioner's or respondent's family or 
11 household; and

12   (ii) the danger that any minor child will be 
13 abused or neglected or
improperly relocated from the 
14 jurisdiction, improperly concealed within the
State, 
15 or improperly separated from the child's primary 
16 caretaker.

17  (2) In comparing relative hardships resulting to the 
18 parties from loss
of possession of the family home, the 
19 court shall consider relevant
factors, including, but not 
20 limited to, the following:

21   (i) availability, accessibility, cost, safety, 
22 adequacy, location, and other
characteristics of 
23 alternate housing for each party and any minor child 
24 or
dependent adult in the party's care;

25   (ii) the effect on the party's employment; and

26   (iii) the effect on the relationship of the party, 
 
 
SB2136- 321 -LRB103 27172 RLC 53542 b


1 and any minor
child or dependent adult in the party's 
2 care, to family, school, church,
and community.

3  (3) Subject to the exceptions set forth in paragraph 
4 (4) of this
subsection (c), the court shall make its 
5 findings in an official record or in
writing, and shall at 
6 a minimum set forth the following:

7   (i) That the court has considered the applicable 
8 relevant factors
described in paragraphs (1) and (2) 
9 of this subsection (c).

10   (ii) Whether the conduct or actions of respondent, 
11 unless
prohibited, will likely cause irreparable harm 
12 or continued abuse.

13   (iii) Whether it is necessary to grant the 
14 requested relief in order
to protect petitioner or 
15 other alleged abused persons.

16  (4) (Blank).

17  (5) Never married parties. No rights or 
18 responsibilities for a minor
child born outside of 
19 marriage attach to a putative father until a father and

20 child relationship has been established under the Illinois 
21 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
22 the Illinois Public Aid Code, Section 12 of the Vital 
23 Records Act, the Juvenile Court Act of 1987, the Probate 
24 Act of 1975, the Uniform Interstate Family Support Act, 
25 the Expedited Child Support Act of 1990, any judicial, 
26 administrative, or other act of another state or 
 
 
SB2136- 322 -LRB103 27172 RLC 53542 b


1 territory, any other statute of this State, or by any 
2 foreign nation establishing the father and child 
3 relationship, any other proceeding substantially in 
4 conformity with the federal Personal Responsibility and 
5 Work Opportunity Reconciliation Act of 1996, or when both 
6 parties appeared in open court or at an administrative 
7 hearing acknowledging under oath or admitting by 
8 affirmation the existence of a father and child 
9 relationship. Absent such an adjudication, no putative 
10 father shall be granted
temporary allocation of parental 
11 responsibilities, including parenting time with the minor 
12 child, or
physical care
and possession of the minor child, 
13 nor shall
an order of payment for support of the minor 
14 child be entered.

15 (d) Balance of hardships; findings. If the court finds 
16that the balance
of hardships does not support the granting of 
17a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

18subsection (b) of this Section,
which may require such 
19balancing, the court's findings shall so
indicate and shall 
20include a finding as to whether granting the remedy will

21result in hardship to respondent that would substantially 
22outweigh the hardship
to petitioner
from denial of the remedy. 
23The findings shall be an official record or in
writing.

24 (e) Denial of remedies. Denial of any remedy shall not be 
25based, in
whole or in part, on evidence that:

26  (1) respondent has cause for any use of force, unless 
 
 
SB2136- 323 -LRB103 27172 RLC 53542 b


1 that cause
satisfies the standards for justifiable use of 
2 force provided by Article
7 of the Criminal Code of 2012;

3  (2) respondent was voluntarily intoxicated;

4  (3) petitioner acted in self-defense or defense of 
5 another, provided
that, if petitioner utilized force, such 
6 force was justifiable under
Article 7 of the Criminal Code 
7 of 2012; 

8  (4) petitioner did not act in self-defense or defense 
9 of another;

10  (5) petitioner left the residence or household to 
11 avoid further abuse
by respondent;

12  (6) petitioner did not leave the residence or 
13 household to avoid further
abuse by respondent; or 

14  (7) conduct by any family or household member excused 
15 the abuse by
respondent, unless that same conduct would 
16 have excused such abuse if the
parties had not been family 
17 or household members.

18(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


20 (725 ILCS 5/112A-14.7)
21 Sec. 112A-14.7. Stalking no contact order; remedies.
22 (a) The court may order any of the remedies listed in this 
23Section. The remedies listed in this Section shall be in 
24addition to other civil or criminal remedies available to 
25petitioner.
A stalking no contact order shall order one or 
 
 
SB2136- 324 -LRB103 27172 RLC 53542 b


1more of the 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) When the petitioner and the respondent attend the same 
23public, private, or non-public elementary, middle, or high 
24school, the court when issuing a stalking no contact order and 
25providing relief shall consider the severity of the act, any 
26continuing physical danger or emotional distress to the 
 
 
SB2136- 325 -LRB103 27172 RLC 53542 b


1petitioner, 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 
 
 
SB2136- 326 -LRB103 27172 RLC 53542 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. 
9If 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 (c) 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. If the court orders a 
19transfer of the respondent to another school, the parents, 
20guardian, or legal custodian of the respondent are responsible 
21for transportation and other costs associated with the change 
22of school by the respondent.
23 (d) The court shall not hold a school district or private 
24or non-public school or any of its employees in civil or 
25criminal contempt unless the school district or private or 
26non-public school has been allowed to intervene.
 
 
SB2136- 327 -LRB103 27172 RLC 53542 b


1 (e) 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 Article for conduct of the minor respondent in violation 
5of this Article if the parents, guardian, or legal custodian 
6directed, encouraged, or assisted the respondent minor in the 
7conduct.
8 (f) Monetary damages are not recoverable as a remedy.
9 (g) If the stalking no contact order prohibits the 
10respondent from possessing a Firearm Owner's Identification 
11Card, or possessing or buying firearms; the court shall 
12confiscate the respondent's firearms and firearm ammunition 
13Firearm Owner's Identification Card and immediately return the 
14card to the Illinois State Police Firearm Owner's 
15Identification Card Office.

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

17 Section 90. The Unified Code of Corrections is amended by 
18changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as 
19follows:

20 (730 ILCS 5/5-4.5-110)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
23PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
24 (a) DEFINITIONS. For the purposes of this Section:
 
 
SB2136- 328 -LRB103 27172 RLC 53542 b


1  "Firearm" has the meaning ascribed to it in Section 
2 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm 
3 Owners Identification Card Act.
4  "Qualifying predicate offense" means the following 
5 offenses under the Criminal Code of 2012:
6   (A) aggravated unlawful use of a weapon under 
7 Section 24-1.6 or similar offense under the Criminal 
8 Code of 1961, when the weapon is a firearm; 
9   (B) unlawful use or possession of a weapon by a 
10 felon under Section 24-1.1 or similar offense under 
11 the Criminal Code of 1961, when the
weapon is a 
12 firearm;
13   (C) first degree murder under Section 9-1 or 
14 similar offense under the Criminal Code of 1961;
15   (D) attempted first degree murder with a firearm 
16 or similar offense under the Criminal Code of 1961;
17   (E) aggravated kidnapping with a firearm under 
18 paragraph (6) or (7) of subsection (a) of Section 10-2 
19 or similar offense under the Criminal Code of 1961;
20   (F) aggravated battery with a firearm under 
21 subsection (e) of Section 12-3.05 or similar offense 
22 under the Criminal Code of 1961;
23   (G) aggravated criminal sexual assault under 
24 Section 11-1.30 or similar offense under the Criminal 
25 Code of 1961;
26   (H) predatory criminal sexual assault of a child 
 
 
SB2136- 329 -LRB103 27172 RLC 53542 b


1 under Section 11-1.40 or similar offense under the 
2 Criminal Code of 1961;
3   (I) armed robbery under Section 18-2 or similar 
4 offense under the Criminal Code of 1961;
5   (J) vehicular hijacking under Section 18-3 or 
6 similar offense under the Criminal Code of 1961;
7   (K) aggravated vehicular hijacking under Section 
8 18-4 or similar offense under the Criminal Code of 
9 1961;
10   (L) home invasion with a firearm under paragraph 
11 (3), (4), or (5) of subsection (a) of Section 19-6 or 
12 similar offense under the Criminal Code of 1961;
13   (M) aggravated discharge of a firearm under 
14 Section 24-1.2 or similar offense under the Criminal 
15 Code of 1961;
16   (N) aggravated discharge of a machine gun or a 
17 firearm equipped with a device
designed or used for 
18 silencing the report of a firearm under Section 
19 24-1.2-5 or similar offense under the Criminal Code of 
20 1961;
21   (0) unlawful use of firearm projectiles under 
22 Section 24-2.1 or similar offense under the Criminal 
23 Code of 1961;
24   (P) manufacture, sale, or transfer of bullets or 
25 shells represented to be armor piercing
bullets, 
26 dragon's breath shotgun shells, bolo shells, or 
 
 
SB2136- 330 -LRB103 27172 RLC 53542 b


1 flechette shells under Section 24-2.2 or similar 
2 offense under the Criminal Code of 1961;
3   (Q) unlawful sale or delivery of firearms under 
4 Section 24-3 or similar offense under the Criminal 
5 Code of 1961;
6   (R) unlawful discharge of firearm projectiles 
7 under Section 24-3.2 or similar offense under the 
8 Criminal Code of 1961;
9   (S) unlawful sale or delivery of firearms on 
10 school premises of any school under Section 24-3.3 or 
11 similar offense under the Criminal Code of 1961;
12   (T) unlawful purchase of a firearm under Section 
13 24-3.5 or similar offense under the Criminal Code of 
14 1961;
15   (U) use of a stolen firearm in the commission of an 
16 offense under Section 24-3.7 or similar offense under 
17 the Criminal Code of 1961;
18   (V) possession of a stolen firearm under Section 
19 24-3.8 or similar offense under the Criminal Code of 
20 1961;
21   (W) aggravated possession of a stolen firearm 
22 under Section 24-3.9 or similar offense under the 
23 Criminal Code of 1961;
24   (X) gunrunning under Section 24-3A or similar 
25 offense under the Criminal Code of 1961;
26   (Y) defacing identification marks of firearms 
 
 
SB2136- 331 -LRB103 27172 RLC 53542 b


1 under Section 24-5 or similar offense under the 
2 Criminal Code of 1961; and
3   (Z) armed violence under Section 33A-2 or similar 
4 offense under the Criminal Code of 1961. 
5 (b) APPLICABILITY. For an offense committed on or after 
6January 1, 2018 (the effective date of Public Act 100-3) and 
7before January 1, 2024, when a person is convicted of unlawful 
8use or possession of a weapon by a felon, when the weapon is a 
9firearm, or aggravated unlawful use of a weapon, when the 
10weapon is a firearm, after being previously convicted of a 
11qualifying predicate offense the person shall be subject to 
12the sentencing guidelines under this Section.
13 (c) SENTENCING GUIDELINES.
14  (1) When a person is convicted of unlawful use or 
15 possession of a weapon by a felon, when the weapon is a 
16 firearm, and that person has been previously convicted of 
17 a qualifying predicate offense, the person shall be 
18 sentenced to a term of imprisonment within the sentencing 
19 range of not less than 7 years and not more than 14 years, 
20 unless the court finds that a departure from the 
21 sentencing guidelines under this paragraph is warranted 
22 under subsection (d) of this Section.
23  (2) When a person is convicted of aggravated unlawful 
24 use of a weapon, when the weapon is a firearm, and that 
25 person has been previously convicted of a qualifying 
26 predicate offense, the person shall be sentenced to a term 
 
 
SB2136- 332 -LRB103 27172 RLC 53542 b


1 of imprisonment within the sentencing range of not less 
2 than 6 years and not more than 7 years, unless the court 
3 finds that a departure from the sentencing guidelines 
4 under this paragraph is warranted under subsection (d) of 
5 this Section. 
6  (3) The sentencing guidelines in paragraphs (1) and 
7 (2) of this subsection (c) apply only to offenses 
8 committed on and after January 1, 2018 (the effective date 
9 of Public Act 100-3) and before January 1, 2024. 
10 (d) DEPARTURE FROM SENTENCING GUIDELINES.
11  (1) At the sentencing hearing conducted under Section 
12 5-4-1 of this Code, the court may depart from the

13 sentencing guidelines provided in subsection (c) of this 
14 Section and impose a sentence
otherwise authorized by law 
15 for the offense if the court, after considering any factor 
16 under paragraph (2) of this subsection (d) relevant to the 
17 nature and
circumstances of the crime and to the history 
18 and character of the defendant, finds on the record

19 substantial and compelling justification that the sentence 
20 within the sentencing guidelines would be unduly harsh and

21 that a sentence otherwise authorized by law would be 
22 consistent with public
safety and does not deprecate the 
23 seriousness of the offense.
24  (2) In deciding whether to depart from the sentencing 
25 guidelines under this paragraph, the court shall
consider:
26   (A) the age, immaturity, or limited mental 
 
 
SB2136- 333 -LRB103 27172 RLC 53542 b


1 capacity of the defendant at the time of
commission of 
2 the qualifying predicate or current offense, including 
3 whether the defendant
was suffering from a mental or 
4 physical condition insufficient to constitute a

5 defense but significantly reduced the defendant's 
6 culpability;
7   (B) the nature and circumstances of the qualifying 
8 predicate offense;
9   (C) the time elapsed since the qualifying 
10 predicate offense;
11   (D) the nature and circumstances of the current 
12 offense;
13   (E) the defendant's prior criminal history;
14   (F) whether the defendant committed the qualifying 
15 predicate or current offense under
specific and 
16 credible duress, coercion, threat, or compulsion;
17   (G) whether the defendant aided in the 
18 apprehension of another felon or testified
truthfully 
19 on behalf of another prosecution of a felony; and
20   (H) whether departure is in the interest of the 
21 person's rehabilitation, including employment or 
22 educational or vocational training, after taking into 
23 account any past rehabilitation efforts or 
24 dispositions of probation or supervision, and the 
25 defendant's cooperation or response to rehabilitation.
26  (3) When departing from the sentencing guidelines 
 
 
SB2136- 334 -LRB103 27172 RLC 53542 b


1 under this Section, the court shall specify on the record, 
2 the particular evidence, information, factor or factors, 
3 or other reasons which led to the departure from the 
4 sentencing guidelines. When departing from the sentencing 
5 range in accordance with this subsection (d), the court 
6 shall indicate on the sentencing order which departure 
7 factor or factors outlined in paragraph (2) of this 
8 subsection (d) led to the sentence imposed. The sentencing 
9 order shall be filed with the clerk of the court and shall 
10 be a public record.
11 (e) This Section is repealed on January 1, 2024. 

12(Source: P.A. 102-1109, eff. 12-21-22.)



13 (730 ILCS 5/5-5-3)



14 Sec. 5-5-3. Disposition. 

15 (a) (Blank).

16 (b) (Blank). 

17 (c) (1) (Blank).

18 (2) A period of probation, a term of periodic imprisonment 
19or
conditional discharge shall not be imposed for the 
20following offenses.
The court shall sentence the offender to 
21not less than the minimum term
of imprisonment set forth in 
22this Code for the following offenses, and
may order a fine or 
23restitution or both in conjunction with such term of

24imprisonment:

25  (A) First degree murder where the death penalty is not 
 
 
SB2136- 335 -LRB103 27172 RLC 53542 b


1 imposed.

2  (B) Attempted first degree murder.

3  (C) A Class X felony.

4  (D) A violation of Section 401.1 or 407 of the

5 Illinois Controlled Substances Act, or a violation of 
6 subdivision (c)(1.5) of
Section 401 of that Act which 
7 relates to more than 5 grams of a substance
containing 
8 fentanyl or an analog thereof.

9  (D-5) A violation of subdivision (c)(1) of
Section 401 
10 of the Illinois Controlled Substances Act which relates to 
11 3 or more grams of a substance
containing heroin or an 
12 analog thereof. 
13  (E) (Blank).

14  (F) A Class 1 or greater felony if the offender had 
15 been convicted
of a Class 1 or greater felony, including 
16 any state or federal conviction for an offense that 
17 contained, at the time it was committed, the same elements 
18 as an offense now (the date of the offense committed after 
19 the prior Class 1 or greater felony) classified as a Class 
20 1 or greater felony, within 10 years of the date on which 
21 the
offender
committed the offense for which he or she is 
22 being sentenced, except as
otherwise provided in Section 
23 40-10 of the Substance Use Disorder Act.

24  (F-3) A Class 2 or greater felony sex offense or 
25 felony firearm offense if the offender had been convicted 
26 of a Class 2 or greater felony, including any state or 
 
 
SB2136- 336 -LRB103 27172 RLC 53542 b


1 federal conviction for an offense that contained, at the 
2 time it was committed, the same elements as an offense now 
3 (the date of the offense committed after the prior Class 2 
4 or greater felony) classified as a Class 2 or greater 
5 felony, within 10 years of the date on which the offender 
6 committed the offense for which he or she is being 
7 sentenced, except as otherwise provided in Section 40-10 
8 of the Substance Use Disorder Act. 
9  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
10 of the Criminal Code of 1961 or the Criminal Code of 2012 
11 for which imprisonment is prescribed in those Sections.
12  (G) Residential burglary, except as otherwise provided 
13 in Section 40-10
of the Substance Use Disorder Act.

14  (H) Criminal sexual assault.

15  (I) Aggravated battery of a senior citizen as 
16 described in Section 12-4.6 or subdivision (a)(4) of 
17 Section 12-3.05 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012.

19  (J) A forcible felony if the offense was related to 
20 the activities of an
organized gang.

21  Before July 1, 1994, for the purposes of this 
22 paragraph, "organized
gang" means an association of 5 or 
23 more persons, with an established hierarchy,
that 
24 encourages members of the association to perpetrate crimes 
25 or provides
support to the members of the association who 
26 do commit crimes.

 
 
SB2136- 337 -LRB103 27172 RLC 53542 b


1  Beginning July 1, 1994, for the purposes of this 
2 paragraph,
"organized gang" has the meaning ascribed to it 
3 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
4 Prevention Act.

5  (K) Vehicular hijacking.

6  (L) A second or subsequent conviction for the offense 
7 of hate crime
when the underlying offense upon which the 
8 hate crime is based is felony
aggravated
assault or felony 
9 mob action.

10  (M) A second or subsequent conviction for the offense 
11 of institutional
vandalism if the damage to the property 
12 exceeds $300.

13  (N) A Class 3 felony violation of paragraph (1) of 
14 subsection (a) of
Section 2 of the Firearm Owners 
15 Identification Card Act committed before the effective 
16 date of this amendatory Act of the 103rd General Assembly.

17  (O) A violation of Section 12-6.1 or 12-6.5 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012.

19  (P) A violation of paragraph (1), (2), (3), (4), (5), 
20 or (7) of
subsection (a)
of Section 11-20.1 of the 
21 Criminal Code of 1961 or the Criminal Code of 2012.

22  (P-5) A violation of paragraph (6) of subsection (a) 
23 of
Section 11-20.1 of the Criminal Code of 1961 or the

24 Criminal Code of 2012 if the victim is a household or

25 family member of the defendant.
26  (Q) A violation of subsection (b) or (b-5) of Section 
 
 
SB2136- 338 -LRB103 27172 RLC 53542 b


1 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
2 Code of
1961 or the Criminal Code of 2012.

3  (R) A violation of Section 24-3A of the Criminal Code 
4 of
1961 or the Criminal Code of 2012.

5  (S) (Blank).

6  (T) (Blank).

7  (U) A second or subsequent violation of Section 6-303 
8 of the Illinois Vehicle Code committed while his or her 
9 driver's license, permit, or privilege was revoked because 
10 of a violation of Section 9-3 of the Criminal Code of 1961 
11 or the Criminal Code of 2012, relating to the offense of 
12 reckless homicide, or a similar provision of a law of 
13 another state.

14  (V)
A violation of paragraph (4) of subsection (c) of 
15 Section 11-20.1B or paragraph (4) of subsection (c) of 
16 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
17 (6) of subsection (a) of Section 11-20.1 of the Criminal 
18 Code of 2012 when the victim is under 13 years of age and 
19 the defendant has previously been convicted under the laws 
20 of this State or any other state of the offense of child 
21 pornography, aggravated child pornography, aggravated 
22 criminal sexual abuse, aggravated criminal sexual assault, 
23 predatory criminal sexual assault of a child, or any of 
24 the offenses formerly known as rape, deviate sexual 
25 assault, indecent liberties with a child, or aggravated 
26 indecent liberties with a child where the victim was under 
 
 
SB2136- 339 -LRB103 27172 RLC 53542 b


1 the age of 18 years or an offense that is substantially 
2 equivalent to those offenses.
3  (W) A violation of Section 24-3.5 of the Criminal Code 
4 of 1961 or the Criminal Code of 2012.

5  (X) A violation of subsection (a) of Section 31-1a of 
6 the Criminal Code of 1961 or the Criminal Code of 2012.
7  (Y) A conviction for unlawful possession of a firearm 
8 by a street gang member when the firearm was loaded or 
9 contained firearm ammunition. 
10  (Z) A Class 1 felony committed while he or she was 
11 serving a term of probation or conditional discharge for a 
12 felony.
13  (AA) Theft of property exceeding $500,000 and not 
14 exceeding $1,000,000 in value.
15  (BB) Laundering of criminally derived property of a 
16 value exceeding
$500,000.
17  (CC) Knowingly selling, offering for sale, holding for 
18 sale, or using 2,000 or more counterfeit items or 
19 counterfeit items having a retail value in the aggregate 
20 of $500,000 or more. 
21  (DD) A conviction for aggravated assault under 
22 paragraph (6) of subsection (c) of Section 12-2 of the 
23 Criminal Code of 1961 or the Criminal Code of 2012 if the 
24 firearm is aimed toward the person against whom the 
25 firearm is being used. 
26  (EE) A conviction for a violation of paragraph (2) of 
 
 
SB2136- 340 -LRB103 27172 RLC 53542 b


1 subsection (a) of Section 24-3B of the Criminal Code of 
2 2012. 
3 (3) (Blank).

4 (4) A minimum term of imprisonment of not less than 10

5consecutive days or 30 days of community service shall be 
6imposed for a
violation of paragraph (c) of Section 6-303 of 
7the Illinois Vehicle Code.

8 (4.1) (Blank).

9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
10this subsection (c), a
minimum of
100 hours of community 
11service shall be imposed for a second violation of
Section 
126-303
of the Illinois Vehicle Code.

13 (4.3) A minimum term of imprisonment of 30 days or 300 
14hours of community
service, as determined by the court, shall

15be imposed for a second violation of subsection (c) of Section 
166-303 of the
Illinois Vehicle Code.

17 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
18(4.9) of this
subsection (c), a
minimum term of imprisonment 
19of 30 days or 300 hours of community service, as
determined by 
20the court, shall
be imposed
for a third or subsequent 
21violation of Section 6-303 of the Illinois Vehicle
Code. The 
22court may give credit toward the fulfillment of community 
23service hours for participation in activities and treatment as 
24determined by court services. 

25 (4.5) A minimum term of imprisonment of 30 days
shall be 
26imposed for a third violation of subsection (c) of
Section 
 
 
SB2136- 341 -LRB103 27172 RLC 53542 b


16-303 of the Illinois Vehicle Code.

2 (4.6) Except as provided in paragraph (4.10) of this 
3subsection (c), a minimum term of imprisonment of 180 days 
4shall be imposed for a
fourth or subsequent violation of 
5subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

6 (4.7) A minimum term of imprisonment of not less than 30 
7consecutive days, or 300 hours of community service, shall be 
8imposed for a violation of subsection (a-5) of Section 6-303 
9of the Illinois Vehicle Code, as provided in subsection (b-5) 
10of that Section.

11 (4.8) A mandatory prison sentence shall be imposed for a 
12second violation of subsection (a-5) of Section 6-303 of the 
13Illinois Vehicle Code, as provided in subsection (c-5) of that 
14Section. The person's driving privileges shall be revoked for 
15a period of not less than 5 years from the date of his or her 
16release from prison.

17 (4.9) A mandatory prison sentence of not less than 4 and 
18not more than 15 years shall be imposed for a third violation 
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
20Code, as provided in subsection (d-2.5) of that Section. The 
21person's driving privileges shall be revoked for the remainder 
22of his or her life.

23 (4.10) A mandatory prison sentence for a Class 1 felony 
24shall be imposed, and the person shall be eligible for an 
25extended term sentence, for a fourth or subsequent violation 
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
 
 
SB2136- 342 -LRB103 27172 RLC 53542 b


1Code, as provided in subsection (d-3.5) of that Section. The 
2person's driving privileges shall be revoked for the remainder 
3of his or her life.

4 (5) The court may sentence a corporation or unincorporated

5association convicted of any offense to:

6  (A) a period of conditional discharge;

7  (B) a fine;

8  (C) make restitution to the victim under Section 5-5-6 
9 of this Code.

10 (5.1) In addition to any other penalties imposed, and 
11except as provided in paragraph (5.2) or (5.3), a person

12convicted of violating subsection (c) of Section 11-907 of the 
13Illinois
Vehicle Code shall have his or her driver's license, 
14permit, or privileges
suspended for at least 90 days but not 
15more than one year, if the violation
resulted in damage to the 
16property of another person.

17 (5.2) In addition to any other penalties imposed, and 
18except as provided in paragraph (5.3), a person convicted
of 
19violating subsection (c) of Section 11-907 of the Illinois 
20Vehicle Code
shall have his or her driver's license, permit, 
21or privileges suspended for at
least 180 days but not more than 
222 years, if the violation resulted in injury
to
another 
23person.

24 (5.3) In addition to any other penalties imposed, a person 
25convicted of violating subsection (c) of Section
11-907 of the 
26Illinois Vehicle Code shall have his or her driver's license,

 
 
SB2136- 343 -LRB103 27172 RLC 53542 b


1permit, or privileges suspended for 2 years, if the violation 
2resulted in the
death of another person.

3 (5.4) In addition to any other penalties imposed, a person 
4convicted of violating Section 3-707 of the Illinois Vehicle 
5Code shall have his or her driver's license, permit, or 
6privileges suspended for 3 months and until he or she has paid 
7a reinstatement fee of $100.
8 (5.5) In addition to any other penalties imposed, a person 
9convicted of violating Section 3-707 of the Illinois Vehicle 
10Code during a period in which his or her driver's license, 
11permit, or privileges were suspended for a previous violation 
12of that Section shall have his or her driver's license, 
13permit, or privileges suspended for an additional 6 months 
14after the expiration of the original 3-month suspension and 
15until he or she has paid a reinstatement fee of $100.

16 (6) (Blank).

17 (7) (Blank).

18 (8) (Blank).

19 (9) A defendant convicted of a second or subsequent 
20offense of ritualized
abuse of a child may be sentenced to a 
21term of natural life imprisonment.

22 (10) (Blank).

23 (11) The court shall impose a minimum fine of $1,000 for a 
24first offense
and $2,000 for a second or subsequent offense 
25upon a person convicted of or
placed on supervision for 
26battery when the individual harmed was a sports
official or 
 
 
SB2136- 344 -LRB103 27172 RLC 53542 b


1coach at any level of competition and the act causing harm to 
2the
sports
official or coach occurred within an athletic 
3facility or within the immediate vicinity
of the athletic 
4facility at which the sports official or coach was an active

5participant
of the athletic contest held at the athletic 
6facility. For the purposes of
this paragraph (11), "sports 
7official" means a person at an athletic contest
who enforces 
8the rules of the contest, such as an umpire or referee; 
9"athletic facility" means an indoor or outdoor playing field 
10or recreational area where sports activities are conducted;

11and "coach" means a person recognized as a coach by the 
12sanctioning
authority that conducted the sporting event.
13 (12) A person may not receive a disposition of court 
14supervision for a
violation of Section 5-16 of the Boat 
15Registration and Safety Act if that
person has previously 
16received a disposition of court supervision for a
violation of 
17that Section.

18 (13) A person convicted of or placed on court supervision 
19for an assault or aggravated assault when the victim and the 
20offender are family or household members as defined in Section 
21103 of the Illinois Domestic Violence Act of 1986 or convicted 
22of domestic battery or aggravated domestic battery may be 
23required to attend a Partner Abuse Intervention Program under 
24protocols set forth by the Illinois Department of Human 
25Services under such terms and conditions imposed by the court. 
26The costs of such classes shall be paid by the offender.

 
 
SB2136- 345 -LRB103 27172 RLC 53542 b


1 (d) In any case in which a sentence originally imposed is 
2vacated,
the case shall be remanded to the trial court. The 
3trial court shall
hold a hearing under Section 5-4-1 of this 
4Code
which may include evidence of the defendant's life, moral 
5character and
occupation during the time since the original 
6sentence was passed. The
trial court shall then impose 
7sentence upon the defendant. The trial
court may impose any 
8sentence which could have been imposed at the
original trial 
9subject to Section 5-5-4 of this Code.
If a sentence is vacated 
10on appeal or on collateral attack due to the
failure of the 
11trier of fact at trial to determine beyond a reasonable doubt

12the
existence of a fact (other than a prior conviction) 
13necessary to increase the
punishment for the offense beyond 
14the statutory maximum otherwise applicable,
either the 
15defendant may be re-sentenced to a term within the range 
16otherwise
provided or, if the State files notice of its 
17intention to again seek the
extended sentence, the defendant 
18shall be afforded a new trial.

19 (e) In cases where prosecution for
aggravated criminal 
20sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
21Code of 1961 or the Criminal Code of 2012 results in conviction 
22of a defendant
who was a family member of the victim at the 
23time of the commission of the
offense, the court shall 
24consider the safety and welfare of the victim and
may impose a 
25sentence of probation only where:

26  (1) the court finds (A) or (B) or both are 
 
 
SB2136- 346 -LRB103 27172 RLC 53542 b


1 appropriate:

2   (A) the defendant is willing to undergo a court 
3 approved counseling
program for a minimum duration of 
4 2 years; or

5   (B) the defendant is willing to participate in a 
6 court approved plan,
including, but not limited to, 
7 the defendant's:

8    (i) removal from the household;

9    (ii) restricted contact with the victim;

10    (iii) continued financial support of the 
11 family;

12    (iv) restitution for harm done to the victim; 
13 and

14    (v) compliance with any other measures that 
15 the court may
deem appropriate; and

16  (2) the court orders the defendant to pay for the 
17 victim's counseling
services, to the extent that the court 
18 finds, after considering the
defendant's income and 
19 assets, that the defendant is financially capable of

20 paying for such services, if the victim was under 18 years 
21 of age at the
time the offense was committed and requires 
22 counseling as a result of the
offense.

23 Probation may be revoked or modified pursuant to Section 
245-6-4; except
where the court determines at the hearing that 
25the defendant violated a
condition of his or her probation 
26restricting contact with the victim or
other family members or 
 
 
SB2136- 347 -LRB103 27172 RLC 53542 b


1commits another offense with the victim or other
family 
2members, the court shall revoke the defendant's probation and

3impose a term of imprisonment.

4 For the purposes of this Section, "family member" and 
5"victim" shall have
the meanings ascribed to them in Section 
611-0.1 of the Criminal Code of
2012.

7 (f) (Blank).

8 (g) Whenever a defendant is convicted of an offense under 
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
1011-14.3, 11-14.4 except for an offense that involves keeping a 
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
14Criminal Code of 2012,
the defendant shall undergo medical 
15testing to
determine whether the defendant has any sexually 
16transmissible disease,
including a test for infection with 
17human immunodeficiency virus (HIV) or
any other identified 
18causative agent of acquired immunodeficiency syndrome
(AIDS). 
19Any such medical test shall be performed only by appropriately

20licensed medical practitioners and may include an analysis of 
21any bodily
fluids as well as an examination of the defendant's 
22person.
Except as otherwise provided by law, the results of 
23such test shall be kept
strictly confidential by all medical 
24personnel involved in the testing and must
be personally 
25delivered in a sealed envelope to the judge of the court in 
26which
the conviction was entered for the judge's inspection in 
 
 
SB2136- 348 -LRB103 27172 RLC 53542 b


1camera. Acting in
accordance with the best interests of the 
2victim and the public, the judge
shall have the discretion to 
3determine to whom, if anyone, the results of the
testing may be 
4revealed. The court shall notify the defendant
of the test 
5results. The court shall
also notify the victim if requested 
6by the victim, and if the victim is under
the age of 15 and if 
7requested by the victim's parents or legal guardian, the
court 
8shall notify the victim's parents or legal guardian of the 
9test
results.
The court shall provide information on the 
10availability of HIV testing
and counseling at Department of 
11Public Health facilities to all parties to
whom the results of 
12the testing are revealed and shall direct the State's
Attorney 
13to provide the information to the victim when possible.
The 
14court shall order that the cost of any such test
shall be paid 
15by the county and may be taxed as costs against the convicted

16defendant.

17 (g-5) When an inmate is tested for an airborne 
18communicable disease, as
determined by the Illinois Department 
19of Public Health, including, but not
limited to, tuberculosis, 
20the results of the test shall be
personally delivered by the 
21warden or his or her designee in a sealed envelope
to the judge 
22of the court in which the inmate must appear for the judge's

23inspection in camera if requested by the judge. Acting in 
24accordance with the
best interests of those in the courtroom, 
25the judge shall have the discretion
to determine what if any 
26precautions need to be taken to prevent transmission
of the 
 
 
SB2136- 349 -LRB103 27172 RLC 53542 b


1disease in the courtroom.

2 (h) Whenever a defendant is convicted of an offense under 
3Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
4defendant shall undergo
medical testing to determine whether 
5the defendant has been exposed to human
immunodeficiency virus 
6(HIV) or any other identified causative agent of
acquired 
7immunodeficiency syndrome (AIDS). Except as otherwise provided 
8by
law, the results of such test shall be kept strictly 
9confidential by all
medical personnel involved in the testing 
10and must be personally delivered in a
sealed envelope to the 
11judge of the court in which the conviction was entered
for the 
12judge's inspection in camera. Acting in accordance with the 
13best
interests of the public, the judge shall have the 
14discretion to determine to
whom, if anyone, the results of the 
15testing may be revealed. The court shall
notify the defendant 
16of a positive test showing an infection with the human

17immunodeficiency virus (HIV). The court shall provide 
18information on the
availability of HIV testing and counseling 
19at Department of Public Health
facilities to all parties to 
20whom the results of the testing are revealed and
shall direct 
21the State's Attorney to provide the information to the victim 
22when
possible. The court shall order that the cost of any
such 
23test shall be paid by the county and may be taxed as costs 
24against the
convicted defendant.

25 (i) All fines and penalties imposed under this Section for 
26any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
 
 
SB2136- 350 -LRB103 27172 RLC 53542 b


1Vehicle Code, or a similar
provision of a local ordinance, and 
2any violation
of the Child Passenger Protection Act, or a 
3similar provision of a local
ordinance, shall be collected and 
4disbursed by the circuit
clerk as provided under the Criminal 
5and Traffic Assessment Act.

6 (j) In cases when prosecution for any violation of Section 
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
911-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1112-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
12Code of 2012, any violation of the Illinois Controlled 
13Substances Act,
any violation of the Cannabis Control Act, or 
14any violation of the Methamphetamine Control and Community 
15Protection Act results in conviction, a
disposition of court 
16supervision, or an order of probation granted under
Section 10 
17of the Cannabis Control Act, Section 410 of the Illinois

18Controlled Substances Act, or Section 70 of the 
19Methamphetamine Control and Community Protection Act of a 
20defendant, the court shall determine whether the
defendant is 
21employed by a facility or center as defined under the Child 
22Care
Act of 1969, a public or private elementary or secondary 
23school, or otherwise
works with children under 18 years of age 
24on a daily basis. When a defendant
is so employed, the court 
25shall order the Clerk of the Court to send a copy of
the 
26judgment of conviction or order of supervision or probation to 
 
 
SB2136- 351 -LRB103 27172 RLC 53542 b


1the
defendant's employer by certified mail.
If the employer of 
2the defendant is a school, the Clerk of the Court shall
direct 
3the mailing of a copy of the judgment of conviction or order of

4supervision or probation to the appropriate regional 
5superintendent of schools.
The regional superintendent of 
6schools shall notify the State Board of
Education of any 
7notification under this subsection.

8 (j-5) A defendant at least 17 years of age who is convicted 
9of a felony and
who has not been previously convicted of a 
10misdemeanor or felony and who is
sentenced to a term of 
11imprisonment in the Illinois Department of Corrections
shall 
12as a condition of his or her sentence be required by the court 
13to attend
educational courses designed to prepare the 
14defendant for a high school diploma
and to work toward a high 
15school diploma or to work toward passing high school 
16equivalency testing or to work toward
completing a vocational 
17training program offered by the Department of
Corrections. If 
18a defendant fails to complete the educational training

19required by his or her sentence during the term of 
20incarceration, the Prisoner
Review Board shall, as a condition 
21of mandatory supervised release, require the
defendant, at his 
22or her own expense, to pursue a course of study toward a high

23school diploma or passage of high school equivalency testing. 
24The Prisoner Review Board shall
revoke the mandatory 
25supervised release of a defendant who wilfully fails to
comply 
26with this subsection (j-5) upon his or her release from 
 
 
SB2136- 352 -LRB103 27172 RLC 53542 b


1confinement in a
penal institution while serving a mandatory 
2supervised release term; however,
the inability of the 
3defendant after making a good faith effort to obtain
financial 
4aid or pay for the educational training shall not be deemed a 
5wilful
failure to comply. The Prisoner Review Board shall 
6recommit the defendant
whose mandatory supervised release term 
7has been revoked under this subsection
(j-5) as provided in 
8Section 3-3-9. This subsection (j-5) does not apply to a

9defendant who has a high school diploma or has successfully 
10passed high school equivalency testing. This subsection (j-5) 
11does not apply to a defendant who is determined by
the court to 
12be a person with a developmental disability or otherwise 
13mentally incapable of
completing the educational or vocational 
14program.

15 (k) (Blank).

16 (l) (A) Except as provided
in paragraph (C) of subsection 
17(l), whenever a defendant,
who is not a citizen or national of 
18the United States, is convicted
of any felony or misdemeanor 
19offense, the court after sentencing the defendant
may, upon 
20motion of the State's Attorney, hold sentence in abeyance and 
21remand
the defendant to the custody of the Attorney General of

22the United States or his or her designated agent to be deported 
23when:

24  (1) a final order of deportation has been issued 
25 against the defendant
pursuant to proceedings under the 
26 Immigration and Nationality Act, and

 
 
SB2136- 353 -LRB103 27172 RLC 53542 b


1  (2) the deportation of the defendant would not 
2 deprecate the seriousness
of the defendant's conduct and 
3 would not be inconsistent with the ends of
justice.

4 Otherwise, the defendant shall be sentenced as provided in 
5this Chapter V.

6 (B) If the defendant has already been sentenced for a 
7felony or
misdemeanor
offense, or has been placed on probation 
8under Section 10 of the Cannabis
Control Act,
Section 410 of 
9the Illinois Controlled Substances Act, or Section 70 of the 
10Methamphetamine Control and Community Protection Act, the 
11court
may, upon motion of the State's Attorney to suspend the

12sentence imposed, commit the defendant to the custody of the 
13Attorney General
of the United States or his or her designated 
14agent when:

15  (1) a final order of deportation has been issued 
16 against the defendant
pursuant to proceedings under the 
17 Immigration and Nationality Act, and

18  (2) the deportation of the defendant would not 
19 deprecate the seriousness
of the defendant's conduct and 
20 would not be inconsistent with the ends of
justice.

21 (C) This subsection (l) does not apply to offenders who 
22are subject to the
provisions of paragraph (2) of subsection 
23(a) of Section 3-6-3.

24 (D) Upon motion of the State's Attorney, if a defendant 
25sentenced under
this Section returns to the jurisdiction of 
26the United States, the defendant
shall be recommitted to the 
 
 
SB2136- 354 -LRB103 27172 RLC 53542 b


1custody of the county from which he or she was
sentenced.

2Thereafter, the defendant shall be brought before the 
3sentencing court, which
may impose any sentence that was 
4available under Section 5-5-3 at the time of
initial 
5sentencing. In addition, the defendant shall not be eligible 
6for
additional earned sentence credit as provided under

7Section 3-6-3.

8 (m) A person convicted of criminal defacement of property 
9under Section
21-1.3 of the Criminal Code of 1961 or the 
10Criminal Code of 2012, in which the property damage exceeds 
11$300
and the property damaged is a school building, shall be 
12ordered to perform
community service that may include cleanup, 
13removal, or painting over the
defacement.

14 (n) The court may sentence a person convicted of a 
15violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
17of 1961 or the Criminal Code of 2012 (i) to an impact

18incarceration program if the person is otherwise eligible for 
19that program
under Section 5-8-1.1, (ii) to community service, 
20or (iii) if the person has a substance use disorder, as defined

21in the Substance Use Disorder Act, to a treatment program

22licensed under that Act.
23 (o) Whenever a person is convicted of a sex offense as 
24defined in Section 2 of the Sex Offender Registration Act, the 
25defendant's driver's license or permit shall be subject to 
26renewal on an annual basis in accordance with the provisions 
 
 
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1of license renewal established by the Secretary of State.


2(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 
3102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
45-27-22.)


5 (730 ILCS 5/5-5-3.2)

 
6 (Text of Section before amendment by P.A. 102-982)
7 Sec. 5-5-3.2. Factors in aggravation and extended-term 
8sentencing. 

9 (a) The following factors shall be accorded weight in 
10favor of
imposing a term of imprisonment or may be considered 
11by the court as reasons
to impose a more severe sentence under 
12Section 5-8-1 or Article 4.5 of Chapter V:

13  (1) the defendant's conduct caused or threatened 
14 serious harm;

15  (2) the defendant received compensation for committing 
16 the offense;

17  (3) the defendant has a history of prior delinquency 
18 or criminal activity;

19  (4) the defendant, by the duties of his office or by 
20 his position,
was obliged to prevent the particular 
21 offense committed or to bring
the offenders committing it 
22 to justice;

23  (5) the defendant held public office at the time of 
24 the offense,
and the offense related to the conduct of 
25 that office;

 
 
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1  (6) the defendant utilized his professional reputation 
2 or
position in the community to commit the offense, or to 
3 afford
him an easier means of committing it;

4  (7) the sentence is necessary to deter others from 
5 committing
the same crime;

6  (8) the defendant committed the offense against a 
7 person 60 years of age
or older or such person's property;

8  (9) the defendant committed the offense against a 
9 person who has a physical disability or such person's 
10 property;

11  (10) by reason of another individual's actual or 
12 perceived race, color,
creed, religion, ancestry, gender, 
13 sexual orientation, physical or mental
disability, or 
14 national origin, the defendant committed the offense 
15 against (i)
the person or property
of that individual; 
16 (ii) the person or property of a person who has an

17 association with, is married to, or has a friendship with 
18 the other individual;
or (iii) the person or property of a 
19 relative (by blood or marriage) of a
person described in 
20 clause (i) or (ii). For the purposes of this Section,

21 "sexual orientation" has the meaning ascribed to it in 
22 paragraph (O-1) of Section 1-103 of the Illinois Human 
23 Rights Act;

24  (11) the offense took place in a place of worship or on 
25 the
grounds of a place of worship, immediately prior to, 
26 during or immediately
following worship services. For 
 
 
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1 purposes of this subparagraph, "place of
worship" shall 
2 mean any church, synagogue or other building, structure or

3 place used primarily for religious worship;

4  (12) the defendant was convicted of a felony committed 
5 while he was
on pretrial release or his own recognizance 
6 pending trial for a prior felony
and was convicted of such 
7 prior felony, or the defendant was convicted of a
felony 
8 committed while he was serving a period of probation,

9 conditional discharge, or mandatory supervised release 
10 under subsection (d)
of Section 5-8-1
for a prior felony;

11  (13) the defendant committed or attempted to commit a 
12 felony while he
was wearing a bulletproof vest. For the 
13 purposes of this paragraph (13), a
bulletproof vest is any 
14 device which is designed for the purpose of
protecting the 
15 wearer from bullets, shot or other lethal projectiles;

16  (14) the defendant held a position of trust or 
17 supervision such as, but
not limited to, family member as 
18 defined in Section 11-0.1 of the Criminal Code
of 2012, 
19 teacher, scout leader, baby sitter, or day care worker, in

20 relation to a victim under 18 years of age, and the 
21 defendant committed an
offense in violation of Section 
22 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
23 11-14.4 except for an offense that involves keeping a 
24 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

25 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
26 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
 
 
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1 of 2012
against
that victim;

2  (15) the defendant committed an offense related to the 
3 activities of an
organized gang. For the purposes of this 
4 factor, "organized gang" has the
meaning ascribed to it in 
5 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
6 Act;

7  (16) the defendant committed an offense in violation 
8 of one of the
following Sections while in a school, 
9 regardless of the time of day or time of
year; on any 
10 conveyance owned, leased, or contracted by a school to 
11 transport
students to or from school or a school related 
12 activity; on the real property
of a school; or on a public 
13 way within 1,000 feet of the real property
comprising any 
14 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
15 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
16 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
17 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
18 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
19 for subdivision (a)(4) or (g)(1), of the Criminal Code of

20 1961 or the Criminal Code of 2012;

21  (16.5) the defendant committed an offense in violation 
22 of one of the
following Sections while in a day care 
23 center, regardless of the time of day or
time of year; on 
24 the real property of a day care center, regardless of the 
25 time
of day or time of year; or on a public
way within 
26 1,000 feet of the real property comprising any day care 
 
 
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1 center,
regardless of the time of day or time of year:

2 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
3 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
4 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
5 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
6 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
7 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
8 Criminal Code of 2012;

9  (17) the defendant committed the offense by reason of 
10 any person's
activity as a community policing volunteer or 
11 to prevent any person from
engaging in activity as a 
12 community policing volunteer. For the purpose of
this 
13 Section, "community policing volunteer" has the meaning 
14 ascribed to it in
Section 2-3.5 of the Criminal Code of 
15 2012;

16  (18) the defendant committed the offense in a nursing 
17 home or on the
real
property comprising a nursing home. 
18 For the purposes of this paragraph (18),
"nursing home" 
19 means a skilled nursing
or intermediate long term care 
20 facility that is subject to license by the
Illinois 
21 Department of Public Health under the Nursing Home Care

22 Act, the Specialized Mental Health Rehabilitation Act of 
23 2013, the ID/DD Community Care Act, or the MC/DD Act;

24  (19) the defendant was a federally licensed firearm 
25 dealer
and
was
previously convicted of a violation of 
26 subsection (a) of Section 3 of the
Firearm Owners 
 
 
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1 Identification Card Act before its repeal by this 
2 amendatory Act of the 103rd General Assembly and has now 
3 committed either a felony
violation
of the Firearm Owners 
4 Identification Card Act or an act of armed violence while

5 armed
with a firearm;
6  (20) the defendant (i) committed the offense of 
7 reckless homicide under Section 9-3 of the Criminal Code 
8 of 1961 or the Criminal Code of 2012 or the offense of 
9 driving under the influence of alcohol, other drug or

10 drugs, intoxicating compound or compounds or any 
11 combination thereof under Section 11-501 of the Illinois 
12 Vehicle Code or a similar provision of a local ordinance 
13 and (ii) was operating a motor vehicle in excess of 20 
14 miles per hour over the posted speed limit as provided in 
15 Article VI of Chapter 11 of the Illinois Vehicle Code;


16  (21) the defendant (i) committed the offense of 
17 reckless driving or aggravated reckless driving under 
18 Section 11-503 of the Illinois Vehicle Code and (ii) was 
19 operating a motor vehicle in excess of 20 miles per hour 
20 over the posted speed limit as provided in Article VI of 
21 Chapter 11 of the Illinois Vehicle Code;
22  (22) the defendant committed the offense against a 
23 person that the defendant knew, or reasonably should have 
24 known, was a member of the Armed Forces of the United 
25 States serving on active duty. For purposes of this clause 
26 (22), the term "Armed Forces" means any of the Armed 
 
 
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1 Forces of the United States, including a member of any 
2 reserve component thereof or National Guard unit called to 
3 active duty;

4  (23)
the defendant committed the offense against a 
5 person who was elderly or infirm or who was a person with a 
6 disability by taking advantage of a family or fiduciary 
7 relationship with the elderly or infirm person or person 
8 with a disability;

9  (24)
the defendant committed any offense under Section 
10 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
11 of 2012 and possessed 100 or more images;

12  (25) the defendant committed the offense while the 
13 defendant or the victim was in a train, bus, or other 
14 vehicle used for public transportation;
15  (26) the defendant committed the offense of child 
16 pornography or aggravated child pornography, specifically 
17 including paragraph (1), (2), (3), (4), (5), or (7) of 
18 subsection (a) of Section 11-20.1 of the Criminal Code of 
19 1961 or the Criminal Code of 2012 where a child engaged in, 
20 solicited for, depicted in, or posed in any act of sexual 
21 penetration or bound, fettered, or subject to sadistic, 
22 masochistic, or sadomasochistic abuse in a sexual context 
23 and specifically including paragraph (1), (2), (3), (4), 
24 (5), or (7) of subsection (a) of Section 11-20.1B or 
25 Section 11-20.3 of the Criminal Code of 1961 where a child 
26 engaged in, solicited for, depicted in, or posed in any 
 
 
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1 act of sexual penetration or bound, fettered, or subject 
2 to sadistic, masochistic, or sadomasochistic abuse in a 
3 sexual context;
4  (27) the defendant committed the offense of first 
5 degree murder, assault, aggravated assault, battery, 
6 aggravated battery, robbery, armed robbery, or aggravated 
7 robbery against a person who was a veteran and the 
8 defendant knew, or reasonably should have known, that the 
9 person was a veteran performing duties as a representative 
10 of a veterans' organization. For the purposes of this 
11 paragraph (27), "veteran" means an Illinois resident who 
12 has served as a member of the United States Armed Forces, a 
13 member of the Illinois National Guard, or a member of the 
14 United States Reserve Forces; and "veterans' organization" 
15 means an organization comprised of members of
which 
16 substantially all are individuals who are veterans or 
17 spouses,
widows, or widowers of veterans, the primary 
18 purpose of which is to
promote the welfare of its members 
19 and to provide assistance to the general
public in such a 
20 way as to confer a public benefit; 
21  (28) the defendant committed the offense of assault, 
22 aggravated assault, battery, aggravated battery, robbery, 
23 armed robbery, or aggravated robbery against a person that 
24 the defendant knew or reasonably should have known was a 
25 letter carrier or postal worker while that person was 
26 performing his or her duties delivering mail for the 
 
 
SB2136- 363 -LRB103 27172 RLC 53542 b


1 United States Postal Service;
2  (29) the defendant committed the offense of criminal 
3 sexual assault, aggravated criminal sexual assault, 
4 criminal sexual abuse, or aggravated criminal sexual abuse 
5 against a victim with an intellectual disability, and the 
6 defendant holds a position of trust, authority, or 
7 supervision in relation to the victim;
8  (30) the defendant committed the offense of promoting 
9 juvenile prostitution, patronizing a prostitute, or 
10 patronizing a minor engaged in prostitution and at the 
11 time of the commission of the offense knew that the 
12 prostitute or minor engaged in prostitution was in the 
13 custody or guardianship of the Department of Children and 
14 Family Services;
15  (31) the defendant (i) committed the offense of 
16 driving while under the influence of alcohol, other drug 
17 or drugs, intoxicating compound or compounds or any 
18 combination thereof in violation of Section 11-501 of the 
19 Illinois Vehicle Code or a similar provision of a local 
20 ordinance and (ii) the defendant during the commission of 
21 the offense was driving his or her vehicle upon a roadway 
22 designated for one-way traffic in the opposite direction 
23 of the direction indicated by official traffic control 
24 devices; 
25  (32) the defendant committed the offense of reckless 
26 homicide while committing a violation of Section 11-907 of 
 
 
SB2136- 364 -LRB103 27172 RLC 53542 b


1 the Illinois Vehicle Code; 
2  (33) the defendant was found guilty of an 
3 administrative infraction related to an act or acts of 
4 public indecency or sexual misconduct in the penal 
5 institution. In this paragraph (33), "penal institution" 
6 has the same meaning as in Section 2-14 of the Criminal 
7 Code of 2012; or
8  (34) the defendant committed the offense of leaving 
9 the scene of an accident in violation of subsection (b) of 
10 Section 11-401 of the Illinois Vehicle Code and the 
11 accident resulted in the death of a person and at the time 
12 of the offense, the defendant was: (i) driving under the 
13 influence of alcohol, other drug or drugs, intoxicating 
14 compound or compounds or any combination thereof as 
15 defined by Section 11-501 of the Illinois Vehicle Code; or 
16 (ii) operating the motor vehicle while using an electronic 
17 communication device as defined in Section 12-610.2 of the 
18 Illinois Vehicle Code. 
19 For the purposes of this Section:

20 "School" is defined as a public or private
elementary or 
21secondary school, community college, college, or university.

22 "Day care center" means a public or private State 
23certified and
licensed day care center as defined in Section 
242.09 of the Child Care Act of
1969 that displays a sign in 
25plain view stating that the
property is a day care center.

26 "Intellectual disability" means significantly subaverage 
 
 
SB2136- 365 -LRB103 27172 RLC 53542 b


1intellectual functioning which exists concurrently
with 
2impairment in adaptive behavior. 
3 "Public transportation" means the transportation
or 
4conveyance of persons by means available to the general 
5public, and includes paratransit services.
6 "Traffic control devices" means all signs, signals, 
7markings, and devices that conform to the Illinois Manual on 
8Uniform Traffic Control Devices, placed or erected by 
9authority of a public body or official having jurisdiction, 
10for the purpose of regulating, warning, or guiding traffic. 
11 (b) The following factors, related to all felonies, may be 
12considered by the court as
reasons to impose an extended term 
13sentence under Section 5-8-2
upon any offender:

14  (1) When a defendant is convicted of any felony, after 
15 having
been previously convicted in Illinois or any other 
16 jurisdiction of the
same or similar class felony or 
17 greater class felony, when such conviction
has occurred 
18 within 10 years after the
previous conviction, excluding 
19 time spent in custody, and such charges are
separately 
20 brought and tried and arise out of different series of 
21 acts; or

22  (2) When a defendant is convicted of any felony and 
23 the court
finds that the offense was accompanied by 
24 exceptionally brutal
or heinous behavior indicative of 
25 wanton cruelty; or

26  (3) When a defendant is convicted of any felony 
 
 
SB2136- 366 -LRB103 27172 RLC 53542 b


1 committed against:

2   (i) a person under 12 years of age at the time of 
3 the offense or such
person's property;

4   (ii) a person 60 years of age or older at the time 
5 of the offense or
such person's property; or

6   (iii) a person who had a physical disability at 
7 the time of the offense or
such person's property; or

8  (4) When a defendant is convicted of any felony and 
9 the offense
involved any of the following types of 
10 specific misconduct committed as
part of a ceremony, rite, 
11 initiation, observance, performance, practice or
activity 
12 of any actual or ostensible religious, fraternal, or 
13 social group:

14   (i) the brutalizing or torturing of humans or 
15 animals;

16   (ii) the theft of human corpses;

17   (iii) the kidnapping of humans;

18   (iv) the desecration of any cemetery, religious, 
19 fraternal, business,
governmental, educational, or 
20 other building or property; or

21   (v) ritualized abuse of a child; or

22  (5) When a defendant is convicted of a felony other 
23 than conspiracy and
the court finds that
the felony was 
24 committed under an agreement with 2 or more other persons

25 to commit that offense and the defendant, with respect to 
26 the other
individuals, occupied a position of organizer, 
 
 
SB2136- 367 -LRB103 27172 RLC 53542 b


1 supervisor, financier, or any
other position of management 
2 or leadership, and the court further finds that
the felony 
3 committed was related to or in furtherance of the criminal

4 activities of an organized gang or was motivated by the 
5 defendant's leadership
in an organized gang; or

6  (6) When a defendant is convicted of an offense 
7 committed while using a firearm with a
laser sight 
8 attached to it. For purposes of this paragraph, "laser 
9 sight"
has the meaning ascribed to it in Section 26-7 of 
10 the Criminal Code of
2012; or

11  (7) When a defendant who was at least 17 years of age 
12 at the
time of
the commission of the offense is convicted 
13 of a felony and has been previously
adjudicated a 
14 delinquent minor under the Juvenile Court Act of 1987 for 
15 an act
that if committed by an adult would be a Class X or 
16 Class 1 felony when the
conviction has occurred within 10 
17 years after the previous adjudication,
excluding time 
18 spent in custody; or

19  (8) When a defendant commits any felony and the 
20 defendant used, possessed, exercised control over, or 
21 otherwise directed an animal to assault a law enforcement 
22 officer engaged in the execution of his or her official 
23 duties or in furtherance of the criminal activities of an 
24 organized gang in which the defendant is engaged; or


25  (9) When a defendant commits any felony and the 
26 defendant knowingly video or audio records the offense 
 
 
SB2136- 368 -LRB103 27172 RLC 53542 b


1 with the intent to disseminate the recording. 
2 (c) The following factors may be considered by the court 
3as reasons to impose an extended term sentence under Section 
45-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
5offenses:
6  (1) When a defendant is convicted of first degree 
7 murder, after having been previously convicted in Illinois 
8 of any offense listed under paragraph (c)(2) of Section 
9 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
10 occurred within 10 years after the previous conviction, 
11 excluding time spent in custody, and the charges are 
12 separately brought and tried and arise out of different 
13 series of acts.
14  (1.5) When a defendant is convicted of first degree 
15 murder, after having been previously convicted of domestic 
16 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
17 (720 ILCS 5/12-3.3) committed on the same victim or after 
18 having been previously convicted of violation of an order 
19 of protection (720 ILCS 5/12-30) in which the same victim 
20 was the protected person. 
21  (2) When a defendant is convicted of voluntary 
22 manslaughter, second degree murder, involuntary 
23 manslaughter, or reckless homicide in which the defendant 
24 has been convicted of causing the death of more than one 
25 individual.
26  (3) When a defendant is convicted of aggravated 
 
 
SB2136- 369 -LRB103 27172 RLC 53542 b


1 criminal sexual assault or criminal sexual assault, when 
2 there is a finding that aggravated criminal sexual assault 
3 or criminal sexual assault was also committed on the same 
4 victim by one or more other individuals, and the defendant 
5 voluntarily participated in the crime with the knowledge 
6 of the participation of the others in the crime, and the 
7 commission of the crime was part of a single course of 
8 conduct during which there was no substantial change in 
9 the nature of the criminal objective.
10  (4) If the victim was under 18 years of age at the time 
11 of the commission of the offense, when a defendant is 
12 convicted of aggravated criminal sexual assault or 
13 predatory criminal sexual assault of a child under 
14 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
15 of Section 12-14.1 of the Criminal Code of 1961 or the 
16 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
17  (5) When a defendant is convicted of a felony 
18 violation of Section 24-1 of the Criminal Code of 1961 or 
19 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
20 finding that the defendant is a member of an organized 
21 gang.
22  (6) When a defendant was convicted of unlawful use of 
23 weapons under Section 24-1 of the Criminal Code of 1961 or 
24 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
25 a weapon that is not readily distinguishable as one of the 
26 weapons enumerated in Section 24-1 of the Criminal Code of 
 
 
SB2136- 370 -LRB103 27172 RLC 53542 b


1 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
2  (7) When a defendant is convicted of an offense 
3 involving the illegal manufacture of a controlled 
4 substance under Section 401 of the Illinois Controlled 
5 Substances Act (720 ILCS 570/401), the illegal manufacture 
6 of methamphetamine under Section 25 of the Methamphetamine 
7 Control and Community Protection Act (720 ILCS 646/25), or 
8 the illegal possession of explosives and an emergency 
9 response officer in the performance of his or her duties 
10 is killed or injured at the scene of the offense while 
11 responding to the emergency caused by the commission of 
12 the offense. In this paragraph, "emergency" means a 
13 situation in which a person's life, health, or safety is 
14 in jeopardy; and "emergency response officer" means a 
15 peace officer, community policing volunteer, fireman, 
16 emergency medical technician-ambulance, emergency medical 
17 technician-intermediate, emergency medical 
18 technician-paramedic, ambulance driver, other medical 
19 assistance or first aid personnel, or hospital emergency 
20 room personnel.

21  (8) When the defendant is convicted of attempted mob 
22 action, solicitation to commit mob action, or conspiracy 
23 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
24 Criminal Code of 2012, where the criminal object is a 
25 violation of Section 25-1 of the Criminal Code of 2012, 
26 and an electronic communication is used in the commission 
 
 
SB2136- 371 -LRB103 27172 RLC 53542 b


1 of the offense. For the purposes of this paragraph (8), 
2 "electronic communication" shall have the meaning provided 
3 in Section 26.5-0.1 of the Criminal Code of 2012. 
4 (d) For the purposes of this Section, "organized gang" has 
5the meaning
ascribed to it in Section 10 of the Illinois 
6Streetgang Terrorism Omnibus
Prevention Act.

7 (e) The court may impose an extended term sentence under 
8Article 4.5 of Chapter V upon an offender who has been 
9convicted of a felony violation of Section 11-1.20, 11-1.30, 
1011-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
12when the victim of the offense is under 18 years of age at the 
13time of the commission of the offense and, during the 
14commission of the offense, the victim was under the influence 
15of alcohol, regardless of whether or not the alcohol was 
16supplied by the offender; and the offender, at the time of the 
17commission of the offense, knew or should have known that the 
18victim had consumed alcohol. 
19(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
20101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
218-20-21.)

22 (Text of Section after amendment by P.A. 102-982)
23 Sec. 5-5-3.2. Factors in aggravation and extended-term 
24sentencing. 

25 (a) The following factors shall be accorded weight in 
 
 
SB2136- 372 -LRB103 27172 RLC 53542 b


1favor of
imposing a term of imprisonment or may be considered 
2by the court as reasons
to impose a more severe sentence under 
3Section 5-8-1 or Article 4.5 of Chapter V:

4  (1) the defendant's conduct caused or threatened 
5 serious harm;

6  (2) the defendant received compensation for committing 
7 the offense;

8  (3) the defendant has a history of prior delinquency 
9 or criminal activity;

10  (4) the defendant, by the duties of his office or by 
11 his position,
was obliged to prevent the particular 
12 offense committed or to bring
the offenders committing it 
13 to justice;

14  (5) the defendant held public office at the time of 
15 the offense,
and the offense related to the conduct of 
16 that office;

17  (6) the defendant utilized his professional reputation 
18 or
position in the community to commit the offense, or to 
19 afford
him an easier means of committing it;

20  (7) the sentence is necessary to deter others from 
21 committing
the same crime;

22  (8) the defendant committed the offense against a 
23 person 60 years of age
or older or such person's property;

24  (9) the defendant committed the offense against a 
25 person who has a physical disability or such person's 
26 property;

 
 
SB2136- 373 -LRB103 27172 RLC 53542 b


1  (10) by reason of another individual's actual or 
2 perceived race, color,
creed, religion, ancestry, gender, 
3 sexual orientation, physical or mental
disability, or 
4 national origin, the defendant committed the offense 
5 against (i)
the person or property
of that individual; 
6 (ii) the person or property of a person who has an

7 association with, is married to, or has a friendship with 
8 the other individual;
or (iii) the person or property of a 
9 relative (by blood or marriage) of a
person described in 
10 clause (i) or (ii). For the purposes of this Section,

11 "sexual orientation" has the meaning ascribed to it in 
12 paragraph (O-1) of Section 1-103 of the Illinois Human 
13 Rights Act;

14  (11) the offense took place in a place of worship or on 
15 the
grounds of a place of worship, immediately prior to, 
16 during or immediately
following worship services. For 
17 purposes of this subparagraph, "place of
worship" shall 
18 mean any church, synagogue or other building, structure or

19 place used primarily for religious worship;

20  (12) the defendant was convicted of a felony committed 
21 while he was
on pretrial release or his own recognizance 
22 pending trial for a prior felony
and was convicted of such 
23 prior felony, or the defendant was convicted of a
felony 
24 committed while he was serving a period of probation,

25 conditional discharge, or mandatory supervised release 
26 under subsection (d)
of Section 5-8-1
for a prior felony;

 
 
SB2136- 374 -LRB103 27172 RLC 53542 b


1  (13) the defendant committed or attempted to commit a 
2 felony while he
was wearing a bulletproof vest. For the 
3 purposes of this paragraph (13), a
bulletproof vest is any 
4 device which is designed for the purpose of
protecting the 
5 wearer from bullets, shot or other lethal projectiles;

6  (14) the defendant held a position of trust or 
7 supervision such as, but
not limited to, family member as 
8 defined in Section 11-0.1 of the Criminal Code
of 2012, 
9 teacher, scout leader, baby sitter, or day care worker, in

10 relation to a victim under 18 years of age, and the 
11 defendant committed an
offense in violation of Section 
12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
13 11-14.4 except for an offense that involves keeping a 
14 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

15 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
16 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
17 of 2012
against
that victim;

18  (15) the defendant committed an offense related to the 
19 activities of an
organized gang. For the purposes of this 
20 factor, "organized gang" has the
meaning ascribed to it in 
21 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
22 Act;

23  (16) the defendant committed an offense in violation 
24 of one of the
following Sections while in a school, 
25 regardless of the time of day or time of
year; on any 
26 conveyance owned, leased, or contracted by a school to 
 
 
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1 transport
students to or from school or a school related 
2 activity; on the real property
of a school; or on a public 
3 way within 1,000 feet of the real property
comprising any 
4 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
5 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
6 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
7 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
8 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
9 for subdivision (a)(4) or (g)(1), of the Criminal Code of

10 1961 or the Criminal Code of 2012;

11  (16.5) the defendant committed an offense in violation 
12 of one of the
following Sections while in a day care 
13 center, regardless of the time of day or
time of year; on 
14 the real property of a day care center, regardless of the 
15 time
of day or time of year; or on a public
way within 
16 1,000 feet of the real property comprising any day care 
17 center,
regardless of the time of day or time of year:

18 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
19 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
20 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
21 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
22 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
23 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
24 Criminal Code of 2012;

25  (17) the defendant committed the offense by reason of 
26 any person's
activity as a community policing volunteer or 
 
 
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1 to prevent any person from
engaging in activity as a 
2 community policing volunteer. For the purpose of
this 
3 Section, "community policing volunteer" has the meaning 
4 ascribed to it in
Section 2-3.5 of the Criminal Code of 
5 2012;

6  (18) the defendant committed the offense in a nursing 
7 home or on the
real
property comprising a nursing home. 
8 For the purposes of this paragraph (18),
"nursing home" 
9 means a skilled nursing
or intermediate long term care 
10 facility that is subject to license by the
Illinois 
11 Department of Public Health under the Nursing Home Care

12 Act, the Specialized Mental Health Rehabilitation Act of 
13 2013, the ID/DD Community Care Act, or the MC/DD Act;

14  (19) the defendant was a federally licensed firearm 
15 dealer
and
was
previously convicted of a violation of 
16 subsection (a) of Section 3 of the
Firearm Owners 
17 Identification Card Act before its repeal by this 
18 amendatory Act of the 103rd General Assembly and has now 
19 committed either a felony
violation
of the Firearm Owners 
20 Identification Card Act or an act of armed violence while

21 armed
with a firearm;
22  (20) the defendant (i) committed the offense of 
23 reckless homicide under Section 9-3 of the Criminal Code 
24 of 1961 or the Criminal Code of 2012 or the offense of 
25 driving under the influence of alcohol, other drug or

26 drugs, intoxicating compound or compounds or any 
 
 
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1 combination thereof under Section 11-501 of the Illinois 
2 Vehicle Code or a similar provision of a local ordinance 
3 and (ii) was operating a motor vehicle in excess of 20 
4 miles per hour over the posted speed limit as provided in 
5 Article VI of Chapter 11 of the Illinois Vehicle Code;


6  (21) the defendant (i) committed the offense of 
7 reckless driving or aggravated reckless driving under 
8 Section 11-503 of the Illinois Vehicle Code and (ii) was 
9 operating a motor vehicle in excess of 20 miles per hour 
10 over the posted speed limit as provided in Article VI of 
11 Chapter 11 of the Illinois Vehicle Code;
12  (22) the defendant committed the offense against a 
13 person that the defendant knew, or reasonably should have 
14 known, was a member of the Armed Forces of the United 
15 States serving on active duty. For purposes of this clause 
16 (22), the term "Armed Forces" means any of the Armed 
17 Forces of the United States, including a member of any 
18 reserve component thereof or National Guard unit called to 
19 active duty;

20  (23)
the defendant committed the offense against a 
21 person who was elderly or infirm or who was a person with a 
22 disability by taking advantage of a family or fiduciary 
23 relationship with the elderly or infirm person or person 
24 with a disability;

25  (24)
the defendant committed any offense under Section 
26 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
 
 
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1 of 2012 and possessed 100 or more images;

2  (25) the defendant committed the offense while the 
3 defendant or the victim was in a train, bus, or other 
4 vehicle used for public transportation;
5  (26) the defendant committed the offense of child 
6 pornography or aggravated child pornography, specifically 
7 including paragraph (1), (2), (3), (4), (5), or (7) of 
8 subsection (a) of Section 11-20.1 of the Criminal Code of 
9 1961 or the Criminal Code of 2012 where a child engaged in, 
10 solicited for, depicted in, or posed in any act of sexual 
11 penetration or bound, fettered, or subject to sadistic, 
12 masochistic, or sadomasochistic abuse in a sexual context 
13 and specifically including paragraph (1), (2), (3), (4), 
14 (5), or (7) of subsection (a) of Section 11-20.1B or 
15 Section 11-20.3 of the Criminal Code of 1961 where a child 
16 engaged in, solicited for, depicted in, or posed in any 
17 act of sexual penetration or bound, fettered, or subject 
18 to sadistic, masochistic, or sadomasochistic abuse in a 
19 sexual context;
20  (27) the defendant committed the offense of first 
21 degree murder, assault, aggravated assault, battery, 
22 aggravated battery, robbery, armed robbery, or aggravated 
23 robbery against a person who was a veteran and the 
24 defendant knew, or reasonably should have known, that the 
25 person was a veteran performing duties as a representative 
26 of a veterans' organization. For the purposes of this 
 
 
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1 paragraph (27), "veteran" means an Illinois resident who 
2 has served as a member of the United States Armed Forces, a 
3 member of the Illinois National Guard, or a member of the 
4 United States Reserve Forces; and "veterans' organization" 
5 means an organization comprised of members of
which 
6 substantially all are individuals who are veterans or 
7 spouses,
widows, or widowers of veterans, the primary 
8 purpose of which is to
promote the welfare of its members 
9 and to provide assistance to the general
public in such a 
10 way as to confer a public benefit; 
11  (28) the defendant committed the offense of assault, 
12 aggravated assault, battery, aggravated battery, robbery, 
13 armed robbery, or aggravated robbery against a person that 
14 the defendant knew or reasonably should have known was a 
15 letter carrier or postal worker while that person was 
16 performing his or her duties delivering mail for the 
17 United States Postal Service;
18  (29) the defendant committed the offense of criminal 
19 sexual assault, aggravated criminal sexual assault, 
20 criminal sexual abuse, or aggravated criminal sexual abuse 
21 against a victim with an intellectual disability, and the 
22 defendant holds a position of trust, authority, or 
23 supervision in relation to the victim;
24  (30) the defendant committed the offense of promoting 
25 juvenile prostitution, patronizing a prostitute, or 
26 patronizing a minor engaged in prostitution and at the 
 
 
SB2136- 380 -LRB103 27172 RLC 53542 b


1 time of the commission of the offense knew that the 
2 prostitute or minor engaged in prostitution was in the 
3 custody or guardianship of the Department of Children and 
4 Family Services;
5  (31) the defendant (i) committed the offense of 
6 driving while under the influence of alcohol, other drug 
7 or drugs, intoxicating compound or compounds or any 
8 combination thereof in violation of Section 11-501 of the 
9 Illinois Vehicle Code or a similar provision of a local 
10 ordinance and (ii) the defendant during the commission of 
11 the offense was driving his or her vehicle upon a roadway 
12 designated for one-way traffic in the opposite direction 
13 of the direction indicated by official traffic control 
14 devices; 
15  (32) the defendant committed the offense of reckless 
16 homicide while committing a violation of Section 11-907 of 
17 the Illinois Vehicle Code; 
18  (33) the defendant was found guilty of an 
19 administrative infraction related to an act or acts of 
20 public indecency or sexual misconduct in the penal 
21 institution. In this paragraph (33), "penal institution" 
22 has the same meaning as in Section 2-14 of the Criminal 
23 Code of 2012; or
24  (34) the defendant committed the offense of leaving 
25 the scene of a crash in violation of subsection (b) of 
26 Section 11-401 of the Illinois Vehicle Code and the crash 
 
 
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1 resulted in the death of a person and at the time of the 
2 offense, the defendant was: (i) driving under the 
3 influence of alcohol, other drug or drugs, intoxicating 
4 compound or compounds or any combination thereof as 
5 defined by Section 11-501 of the Illinois Vehicle Code; or 
6 (ii) operating the motor vehicle while using an electronic 
7 communication device as defined in Section 12-610.2 of the 
8 Illinois Vehicle Code. 
9 For the purposes of this Section:

10 "School" is defined as a public or private
elementary or 
11secondary school, community college, college, or university.

12 "Day care center" means a public or private State 
13certified and
licensed day care center as defined in Section 
142.09 of the Child Care Act of
1969 that displays a sign in 
15plain view stating that the
property is a day care center.

16 "Intellectual disability" means significantly subaverage 
17intellectual functioning which exists concurrently
with 
18impairment in adaptive behavior. 
19 "Public transportation" means the transportation
or 
20conveyance of persons by means available to the general 
21public, and includes paratransit services.
22 "Traffic control devices" means all signs, signals, 
23markings, and devices that conform to the Illinois Manual on 
24Uniform Traffic Control Devices, placed or erected by 
25authority of a public body or official having jurisdiction, 
26for the purpose of regulating, warning, or guiding traffic. 
 
 
SB2136- 382 -LRB103 27172 RLC 53542 b


1 (b) The following factors, related to all felonies, may be 
2considered by the court as
reasons to impose an extended term 
3sentence under Section 5-8-2
upon any offender:

4  (1) When a defendant is convicted of any felony, after 
5 having
been previously convicted in Illinois or any other 
6 jurisdiction of the
same or similar class felony or 
7 greater class felony, when such conviction
has occurred 
8 within 10 years after the
previous conviction, excluding 
9 time spent in custody, and such charges are
separately 
10 brought and tried and arise out of different series of 
11 acts; or

12  (2) When a defendant is convicted of any felony and 
13 the court
finds that the offense was accompanied by 
14 exceptionally brutal
or heinous behavior indicative of 
15 wanton cruelty; or

16  (3) When a defendant is convicted of any felony 
17 committed against:

18   (i) a person under 12 years of age at the time of 
19 the offense or such
person's property;

20   (ii) a person 60 years of age or older at the time 
21 of the offense or
such person's property; or

22   (iii) a person who had a physical disability at 
23 the time of the offense or
such person's property; or

24  (4) When a defendant is convicted of any felony and 
25 the offense
involved any of the following types of 
26 specific misconduct committed as
part of a ceremony, rite, 
 
 
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1 initiation, observance, performance, practice or
activity 
2 of any actual or ostensible religious, fraternal, or 
3 social group:

4   (i) the brutalizing or torturing of humans or 
5 animals;

6   (ii) the theft of human corpses;

7   (iii) the kidnapping of humans;

8   (iv) the desecration of any cemetery, religious, 
9 fraternal, business,
governmental, educational, or 
10 other building or property; or

11   (v) ritualized abuse of a child; or

12  (5) When a defendant is convicted of a felony other 
13 than conspiracy and
the court finds that
the felony was 
14 committed under an agreement with 2 or more other persons

15 to commit that offense and the defendant, with respect to 
16 the other
individuals, occupied a position of organizer, 
17 supervisor, financier, or any
other position of management 
18 or leadership, and the court further finds that
the felony 
19 committed was related to or in furtherance of the criminal

20 activities of an organized gang or was motivated by the 
21 defendant's leadership
in an organized gang; or

22  (6) When a defendant is convicted of an offense 
23 committed while using a firearm with a
laser sight 
24 attached to it. For purposes of this paragraph, "laser 
25 sight"
has the meaning ascribed to it in Section 26-7 of 
26 the Criminal Code of
2012; or

 
 
SB2136- 384 -LRB103 27172 RLC 53542 b


1  (7) When a defendant who was at least 17 years of age 
2 at the
time of
the commission of the offense is convicted 
3 of a felony and has been previously
adjudicated a 
4 delinquent minor under the Juvenile Court Act of 1987 for 
5 an act
that if committed by an adult would be a Class X or 
6 Class 1 felony when the
conviction has occurred within 10 
7 years after the previous adjudication,
excluding time 
8 spent in custody; or

9  (8) When a defendant commits any felony and the 
10 defendant used, possessed, exercised control over, or 
11 otherwise directed an animal to assault a law enforcement 
12 officer engaged in the execution of his or her official 
13 duties or in furtherance of the criminal activities of an 
14 organized gang in which the defendant is engaged; or


15  (9) When a defendant commits any felony and the 
16 defendant knowingly video or audio records the offense 
17 with the intent to disseminate the recording. 
18 (c) The following factors may be considered by the court 
19as reasons to impose an extended term sentence under Section 
205-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
21offenses:
22  (1) When a defendant is convicted of first degree 
23 murder, after having been previously convicted in Illinois 
24 of any offense listed under paragraph (c)(2) of Section 
25 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
26 occurred within 10 years after the previous conviction, 
 
 
SB2136- 385 -LRB103 27172 RLC 53542 b


1 excluding time spent in custody, and the charges are 
2 separately brought and tried and arise out of different 
3 series of acts.
4  (1.5) When a defendant is convicted of first degree 
5 murder, after having been previously convicted of domestic 
6 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
7 (720 ILCS 5/12-3.3) committed on the same victim or after 
8 having been previously convicted of violation of an order 
9 of protection (720 ILCS 5/12-30) in which the same victim 
10 was the protected person. 
11  (2) When a defendant is convicted of voluntary 
12 manslaughter, second degree murder, involuntary 
13 manslaughter, or reckless homicide in which the defendant 
14 has been convicted of causing the death of more than one 
15 individual.
16  (3) When a defendant is convicted of aggravated 
17 criminal sexual assault or criminal sexual assault, when 
18 there is a finding that aggravated criminal sexual assault 
19 or criminal sexual assault was also committed on the same 
20 victim by one or more other individuals, and the defendant 
21 voluntarily participated in the crime with the knowledge 
22 of the participation of the others in the crime, and the 
23 commission of the crime was part of a single course of 
24 conduct during which there was no substantial change in 
25 the nature of the criminal objective.
26  (4) If the victim was under 18 years of age at the time 
 
 
SB2136- 386 -LRB103 27172 RLC 53542 b


1 of the commission of the offense, when a defendant is 
2 convicted of aggravated criminal sexual assault or 
3 predatory criminal sexual assault of a child under 
4 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
5 of Section 12-14.1 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
7  (5) When a defendant is convicted of a felony 
8 violation of Section 24-1 of the Criminal Code of 1961 or 
9 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
10 finding that the defendant is a member of an organized 
11 gang.
12  (6) When a defendant was convicted of unlawful use of 
13 weapons under Section 24-1 of the Criminal Code of 1961 or 
14 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
15 a weapon that is not readily distinguishable as one of the 
16 weapons enumerated in Section 24-1 of the Criminal Code of 
17 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
18  (7) When a defendant is convicted of an offense 
19 involving the illegal manufacture of a controlled 
20 substance under Section 401 of the Illinois Controlled 
21 Substances Act (720 ILCS 570/401), the illegal manufacture 
22 of methamphetamine under Section 25 of the Methamphetamine 
23 Control and Community Protection Act (720 ILCS 646/25), or 
24 the illegal possession of explosives and an emergency 
25 response officer in the performance of his or her duties 
26 is killed or injured at the scene of the offense while 
 
 
SB2136- 387 -LRB103 27172 RLC 53542 b


1 responding to the emergency caused by the commission of 
2 the offense. In this paragraph, "emergency" means a 
3 situation in which a person's life, health, or safety is 
4 in jeopardy; and "emergency response officer" means a 
5 peace officer, community policing volunteer, fireman, 
6 emergency medical technician-ambulance, emergency medical 
7 technician-intermediate, emergency medical 
8 technician-paramedic, ambulance driver, other medical 
9 assistance or first aid personnel, or hospital emergency 
10 room personnel.

11  (8) When the defendant is convicted of attempted mob 
12 action, solicitation to commit mob action, or conspiracy 
13 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
14 Criminal Code of 2012, where the criminal object is a 
15 violation of Section 25-1 of the Criminal Code of 2012, 
16 and an electronic communication is used in the commission 
17 of the offense. For the purposes of this paragraph (8), 
18 "electronic communication" shall have the meaning provided 
19 in Section 26.5-0.1 of the Criminal Code of 2012. 
20 (d) For the purposes of this Section, "organized gang" has 
21the meaning
ascribed to it in Section 10 of the Illinois 
22Streetgang Terrorism Omnibus
Prevention Act.

23 (e) The court may impose an extended term sentence under 
24Article 4.5 of Chapter V upon an offender who has been 
25convicted of a felony violation of Section 11-1.20, 11-1.30, 
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
 
 
SB2136- 388 -LRB103 27172 RLC 53542 b


112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
2when the victim of the offense is under 18 years of age at the 
3time of the commission of the offense and, during the 
4commission of the offense, the victim was under the influence 
5of alcohol, regardless of whether or not the alcohol was 
6supplied by the offender; and the offender, at the time of the 
7commission of the offense, knew or should have known that the 
8victim had consumed alcohol. 
9(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
10101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
118-20-21; 102-982, eff. 7-1-23.)

12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of probation and of conditional 
14discharge.

15 (a) The conditions of probation and of conditional 
16discharge shall be
that the person:


17  (1) not violate any criminal statute of any 
18 jurisdiction;


19  (2) report to or appear in person before such person 
20 or agency as
directed by the court;


21  (3) refrain from possessing a firearm or other 
22 dangerous weapon where the offense is a felony or, if a 
23 misdemeanor, the offense involved the intentional or 
24 knowing infliction of bodily harm or threat of bodily 
25 harm;


 
 
SB2136- 389 -LRB103 27172 RLC 53542 b


1  (4) not leave the State without the consent of the 
2 court or, in
circumstances in which the reason for the 
3 absence is of such an emergency
nature that prior consent 
4 by the court is not possible, without the prior

5 notification and approval of the person's probation

6 officer. Transfer of a person's probation or conditional 
7 discharge
supervision to another state is subject to 
8 acceptance by the other state
pursuant to the Interstate 
9 Compact for Adult Offender Supervision;


10  (5) permit the probation officer to visit
him at his 
11 home or elsewhere
to the extent necessary to discharge his 
12 duties;


13  (6) perform no less than 30 hours of community service 
14 and not more than
120 hours of community service, if 
15 community service is available in the
jurisdiction and is 
16 funded and approved by the county board where the offense

17 was committed, where the offense was related to or in 
18 furtherance of the
criminal activities of an organized 
19 gang and was motivated by the offender's
membership in or 
20 allegiance to an organized gang. The community service 
21 shall
include, but not be limited to, the cleanup and 
22 repair of any damage caused by
a violation of Section 
23 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
24 2012 and similar damage
to property located within the 
25 municipality or county in which the violation
occurred. 
26 When possible and reasonable, the community service should 
 
 
SB2136- 390 -LRB103 27172 RLC 53542 b


1 be
performed in the offender's neighborhood. For purposes 
2 of this Section,
"organized gang" has the meaning ascribed 
3 to it in Section 10 of the Illinois
Streetgang Terrorism 
4 Omnibus Prevention Act. The court may give credit toward 
5 the fulfillment of community service hours for 
6 participation in activities and treatment as determined by 
7 court services;


8  (7) if he or she is at least 17 years of age and has 
9 been sentenced to
probation or conditional discharge for a 
10 misdemeanor or felony in a county of
3,000,000 or more 
11 inhabitants and has not been previously convicted of a

12 misdemeanor or felony, may be required by the sentencing 
13 court to attend
educational courses designed to prepare 
14 the defendant for a high school diploma
and to work toward 
15 a high school diploma or to work toward passing high 
16 school equivalency testing or to work toward
completing a 
17 vocational training program approved by the court. The 
18 person on
probation or conditional discharge must attend a 
19 public institution of
education to obtain the educational 
20 or vocational training required by this paragraph
(7). The 
21 court shall revoke the probation or conditional discharge 
22 of a
person who willfully fails to comply with this 
23 paragraph (7). The person on
probation or conditional 
24 discharge shall be required to pay for the cost of the

25 educational courses or high school equivalency testing if 
26 a fee is charged for those courses or testing. The court 
 
 
SB2136- 391 -LRB103 27172 RLC 53542 b


1 shall resentence the offender whose probation or 
2 conditional
discharge has been revoked as provided in 
3 Section 5-6-4. This paragraph (7) does
not apply to a 
4 person who has a high school diploma or has successfully 
5 passed high school equivalency testing. This paragraph (7) 
6 does not apply to a person who is determined by
the court 
7 to be a person with a developmental disability or 
8 otherwise mentally incapable of
completing the educational 
9 or vocational program;


10  (8) if convicted of possession of a substance 
11 prohibited
by the Cannabis Control Act, the Illinois 
12 Controlled Substances Act, or the Methamphetamine Control 
13 and Community Protection Act
after a previous conviction 
14 or disposition of supervision for possession of a

15 substance prohibited by the Cannabis Control Act or 
16 Illinois Controlled
Substances Act or after a sentence of 
17 probation under Section 10 of the
Cannabis
Control Act, 
18 Section 410 of the Illinois Controlled Substances Act, or 
19 Section 70 of the Methamphetamine Control and Community 
20 Protection Act and upon a
finding by the court that the 
21 person is addicted, undergo treatment at a
substance abuse 
22 program approved by the court;


23  (8.5) if convicted of a felony sex offense as defined 
24 in the Sex
Offender
Management Board Act, the person shall 
25 undergo and successfully complete sex
offender treatment 
26 by a treatment provider approved by the Board and 
 
 
SB2136- 392 -LRB103 27172 RLC 53542 b


1 conducted
in conformance with the standards developed 
2 under the Sex
Offender Management Board Act;

3  (8.6) if convicted of a sex offense as defined in the 
4 Sex Offender Management Board Act, refrain from residing 
5 at the same address or in the same condominium unit or 
6 apartment unit or in the same condominium complex or 
7 apartment complex with another person he or she knows or 
8 reasonably should know is a convicted sex offender or has 
9 been placed on supervision for a sex offense; the 
10 provisions of this paragraph do not apply to a person 
11 convicted of a sex offense who is placed in a Department of 
12 Corrections licensed transitional housing facility for sex 
13 offenders;
14  (8.7) if convicted for an offense committed on or 
15 after June 1, 2008 (the effective date of Public Act 
16 95-464) that would qualify the accused as a child sex 
17 offender as defined in Section 11-9.3 or 11-9.4 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012, 
19 refrain from communicating with or contacting, by means of 
20 the Internet, a person who is not related to the accused 
21 and whom the accused reasonably believes to be under 18 
22 years of age; for purposes of this paragraph (8.7), 
23 "Internet" has the meaning ascribed to it in Section 
24 16-0.1 of the Criminal Code of 2012; and a person is not 
25 related to the accused if the person is not: (i) the 
26 spouse, brother, or sister of the accused; (ii) a 
 
 
SB2136- 393 -LRB103 27172 RLC 53542 b


1 descendant of the accused; (iii) a first or second cousin 
2 of the accused; or (iv) a step-child or adopted child of 
3 the accused;
4  (8.8) if convicted for an offense under Section 11-6, 
5 11-9.1, 11-14.4 that involves soliciting for a juvenile 
6 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
7 of the Criminal Code of 1961 or the Criminal Code of 2012, 
8 or any attempt to commit any of these offenses, committed 
9 on or after June 1, 2009 (the effective date of Public Act 
10 95-983):
11   (i) not access or use a computer or any other 
12 device with Internet capability without the prior 
13 written approval of the offender's probation officer, 
14 except in connection with the offender's employment or 
15 search for employment with the prior approval of the 
16 offender's probation officer;
17   (ii) submit to periodic unannounced examinations 
18 of the offender's computer or any other device with 
19 Internet capability by the offender's probation 
20 officer, a law enforcement officer, or assigned 
21 computer or information technology specialist, 
22 including the retrieval and copying of all data from 
23 the computer or device and any internal or external 
24 peripherals and removal of such information, 
25 equipment, or device to conduct a more thorough 
26 inspection;
 
 
SB2136- 394 -LRB103 27172 RLC 53542 b


1   (iii) submit to the installation on the offender's 
2 computer or device with Internet capability, at the 
3 offender's expense, of one or more hardware or 
4 software systems to monitor the Internet use; and
5   (iv) submit to any other appropriate restrictions 
6 concerning the offender's use of or access to a 
7 computer or any other device with Internet capability 
8 imposed by the offender's probation officer; 
9  (8.9) if convicted of a sex offense as defined in the 
10 Sex Offender
Registration Act committed on or after 
11 January 1, 2010 (the effective date of Public Act 96-262), 
12 refrain from accessing or using a social networking 
13 website as defined in Section 17-0.5 of the Criminal Code 
14 of 2012;

15  (9) if convicted of a felony or of any misdemeanor 
16 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
17 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
18 2012 that was determined, pursuant to Section 112A-11.1 of 
19 the Code of Criminal Procedure of 1963, to trigger the 
20 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
21 at a time and place
designated by the court, his or her 
22 Firearm
Owner's Identification Card and
any and all 
23 firearms in
his or her possession. The Court shall return 
24 to the Illinois State Police Firearm Owner's 
25 Identification Card Office the person's Firearm Owner's 
26 Identification Card;


 
 
SB2136- 395 -LRB103 27172 RLC 53542 b


1  (10) if convicted of a sex offense as defined in 
2 subsection (a-5) of Section 3-1-2 of this Code, unless the 
3 offender is a parent or guardian of the person under 18 
4 years of age present in the home and no non-familial 
5 minors are present, not participate in a holiday event 
6 involving children under 18 years of age, such as 
7 distributing candy or other items to children on 
8 Halloween, wearing a Santa Claus costume on or preceding 
9 Christmas, being employed as a department store Santa 
10 Claus, or wearing an Easter Bunny costume on or preceding 
11 Easter; 
12  (11) if convicted of a sex offense as defined in 
13 Section 2 of the Sex Offender Registration Act committed 
14 on or after January 1, 2010 (the effective date of Public 
15 Act 96-362) that requires the person to register as a sex 
16 offender under that Act, may not knowingly use any 
17 computer scrub software on any computer that the sex 
18 offender uses; 
19  (12) if convicted of a violation of the 
20 Methamphetamine Control and Community Protection Act, the 
21 Methamphetamine
Precursor Control Act, or a 
22 methamphetamine related offense:
23   (A) prohibited from purchasing, possessing, or 
24 having under his or her control any product containing 
25 pseudoephedrine unless prescribed by a physician; and
26   (B) prohibited from purchasing, possessing, or 
 
 
SB2136- 396 -LRB103 27172 RLC 53542 b


1 having under his or her control any product containing 
2 ammonium nitrate; and
3  (13) if convicted of a hate crime involving the 
4 protected class identified in subsection (a) of Section 
5 12-7.1 of the Criminal Code of 2012 that gave rise to the 
6 offense the offender committed, perform public or 
7 community service of no less than 200 hours and enroll in 
8 an educational program discouraging hate crimes that 
9 includes racial, ethnic, and cultural sensitivity training 
10 ordered by the court. 
11 (b) The Court may in addition to other reasonable 
12conditions relating to the
nature of the offense or the 
13rehabilitation of the defendant as determined for
each 
14defendant in the proper discretion of the Court require that 
15the person:


16  (1) serve a term of periodic imprisonment under 
17 Article 7 for a
period not to exceed that specified in 
18 paragraph (d) of Section 5-7-1;


19  (2) pay a fine and costs;


20  (3) work or pursue a course of study or vocational 
21 training;


22  (4) undergo medical, psychological or psychiatric 
23 treatment; or treatment
for drug addiction or alcoholism;


24  (5) attend or reside in a facility established for the 
25 instruction
or residence of defendants on probation;


26  (6) support his dependents;


 
 
SB2136- 397 -LRB103 27172 RLC 53542 b


1  (7) and in addition, if a minor:


2   (i) reside with his parents or in a foster home;


3   (ii) attend school;


4   (iii) attend a non-residential program for youth;


5   (iv) contribute to his own support at home or in a 
6 foster home;


7   (v) with the consent of the superintendent of the

8 facility, attend an educational program at a facility 
9 other than the school
in which the
offense was 
10 committed if he
or she is convicted of a crime of 
11 violence as
defined in
Section 2 of the Crime Victims 
12 Compensation Act committed in a school, on the
real

13 property
comprising a school, or within 1,000 feet of 
14 the real property comprising a
school;


15  (8) make restitution as provided in Section 5-5-6 of 
16 this Code;


17  (9) perform some reasonable public or community 
18 service;


19  (10) serve a term of home confinement. In addition to 
20 any other
applicable condition of probation or conditional 
21 discharge, the
conditions of home confinement shall be 
22 that the offender:


23   (i) remain within the interior premises of the 
24 place designated for
his confinement during the hours 
25 designated by the court;


26   (ii) admit any person or agent designated by the 
 
 
SB2136- 398 -LRB103 27172 RLC 53542 b


1 court into the
offender's place of confinement at any 
2 time for purposes of verifying
the offender's 
3 compliance with the conditions of his confinement; and


4   (iii) if further deemed necessary by the court or 
5 the
Probation or
Court Services Department, be placed 
6 on an approved
electronic monitoring device, subject 
7 to Article 8A of Chapter V;


8   (iv) for persons convicted of any alcohol, 
9 cannabis or controlled
substance violation who are 
10 placed on an approved monitoring device as a
condition 
11 of probation or conditional discharge, the court shall 
12 impose a
reasonable fee for each day of the use of the 
13 device, as established by the
county board in 
14 subsection (g) of this Section, unless after 
15 determining the
inability of the offender to pay the 
16 fee, the court assesses a lesser fee or no
fee as the 
17 case may be. This fee shall be imposed in addition to 
18 the fees
imposed under subsections (g) and (i) of this 
19 Section. The fee shall be
collected by the clerk of the 
20 circuit court, except as provided in an administrative 
21 order of the Chief Judge of the circuit court. The 
22 clerk of the circuit
court shall pay all monies 
23 collected from this fee to the county treasurer
for 
24 deposit in the substance abuse services fund under 
25 Section 5-1086.1 of
the Counties Code, except as 
26 provided in an administrative order of the Chief Judge 
 
 
SB2136- 399 -LRB103 27172 RLC 53542 b


1 of the circuit court.
2   The Chief Judge of the circuit court of the county 
3 may by administrative order establish a program for 
4 electronic monitoring of offenders, in which a vendor 
5 supplies and monitors the operation of the electronic 
6 monitoring device, and collects the fees on behalf of 
7 the county. The program shall include provisions for 
8 indigent offenders and the collection of unpaid fees. 
9 The program shall not unduly burden the offender and 
10 shall be subject to review by the Chief Judge.
11   The Chief Judge of the circuit court may suspend 
12 any additional charges or fees for late payment, 
13 interest, or damage to any device; and


14   (v) for persons convicted of offenses other than 
15 those referenced in
clause (iv) above and who are 
16 placed on an approved monitoring device as a
condition 
17 of probation or conditional discharge, the court shall 
18 impose
a reasonable fee for each day of the use of the 
19 device, as established by the
county board in 
20 subsection (g) of this Section, unless after 
21 determining the
inability of the defendant to pay the 
22 fee, the court assesses a lesser fee or
no fee as the 
23 case may be. This fee shall be imposed in addition to 
24 the fees
imposed under subsections (g) and (i) of this 
25 Section. The fee
shall be collected by the clerk of the 
26 circuit court, except as provided in an administrative 
 
 
SB2136- 400 -LRB103 27172 RLC 53542 b


1 order of the Chief Judge of the circuit court. The 
2 clerk of the circuit
court shall pay all monies 
3 collected from this fee
to the county treasurer who 
4 shall use the monies collected to defray the
costs of 
5 corrections. The county treasurer shall deposit the 
6 fee
collected in the probation and court services 
7 fund.
The Chief Judge of the circuit court of the 
8 county may by administrative order establish a program 
9 for electronic monitoring of offenders, in which a 
10 vendor supplies and monitors the operation of the 
11 electronic monitoring device, and collects the fees on 
12 behalf of the county. The program shall include 
13 provisions for indigent offenders and the collection 
14 of unpaid fees. The program shall not unduly burden 
15 the offender and shall be subject to review by the 
16 Chief Judge. 

17   The Chief Judge of the circuit court may suspend 
18 any additional charges or fees for late payment, 
19 interest, or damage to any device. 
20  (11) comply with the terms and conditions of an order 
21 of protection issued
by the court pursuant to the Illinois 
22 Domestic Violence Act of 1986,
as now or hereafter 
23 amended, or an order of protection issued by the court of

24 another state, tribe, or United States territory. A copy 
25 of the order of
protection shall be
transmitted to the 
26 probation officer or agency
having responsibility for the 
 
 
SB2136- 401 -LRB103 27172 RLC 53542 b


1 case;


2  (12) reimburse any "local anti-crime program" as 
3 defined in Section 7
of the Anti-Crime Advisory Council 
4 Act for any reasonable expenses incurred
by the program on 
5 the offender's case, not to exceed the maximum amount of

6 the fine authorized for the offense for which the 
7 defendant was sentenced;


8  (13) contribute a reasonable sum of money, not to 
9 exceed the maximum
amount of the fine authorized for the

10 offense for which the defendant was sentenced, (i) to a 
11 "local anti-crime
program", as defined in Section 7 of the 
12 Anti-Crime Advisory Council Act, or (ii) for offenses 
13 under the jurisdiction of the Department of Natural 
14 Resources, to the fund established by the Department of 
15 Natural Resources for the purchase of evidence for 
16 investigation purposes and to conduct investigations as 
17 outlined in Section 805-105 of the Department of Natural 
18 Resources (Conservation) Law;


19  (14) refrain from entering into a designated 
20 geographic area except upon
such terms as the court finds 
21 appropriate. Such terms may include
consideration of the 
22 purpose of the entry, the time of day, other persons

23 accompanying the defendant, and advance approval by a

24 probation officer, if
the defendant has been placed on 
25 probation or advance approval by the
court, if the 
26 defendant was placed on conditional discharge;


 
 
SB2136- 402 -LRB103 27172 RLC 53542 b


1  (15) refrain from having any contact, directly or 
2 indirectly, with
certain specified persons or particular 
3 types of persons, including but not
limited to members of 
4 street gangs and drug users or dealers;


5  (16) refrain from having in his or her body the 
6 presence of any illicit
drug prohibited by the Cannabis 
7 Control Act, the Illinois Controlled
Substances Act, or 
8 the Methamphetamine Control and Community Protection Act, 
9 unless prescribed by a physician, and submit samples of

10 his or her blood or urine or both for tests to determine 
11 the presence of any
illicit drug;

12  (17) if convicted for an offense committed on or after 
13 June 1, 2008 (the effective date of Public Act 95-464) 
14 that would qualify the accused as a child sex offender as 
15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
16 of 1961 or the Criminal Code of 2012, refrain from 
17 communicating with or contacting, by means of the 
18 Internet, a person who is related to the accused and whom 
19 the accused reasonably believes to be under 18 years of 
20 age; for purposes of this paragraph (17), "Internet" has 
21 the meaning ascribed to it in Section 16-0.1 of the 
22 Criminal Code of 2012; and a person is related to the 
23 accused if the person is: (i) the spouse, brother, or 
24 sister of the accused; (ii) a descendant of the accused; 
25 (iii) a first or second cousin of the accused; or (iv) a 
26 step-child or adopted child of the accused;
 
 
SB2136- 403 -LRB103 27172 RLC 53542 b


1  (18) if convicted for an offense committed on or after 
2 June 1, 2009 (the effective date of Public Act 95-983) 
3 that would qualify as a sex offense as defined in the Sex 
4 Offender Registration Act:
5   (i) not access or use a computer or any other 
6 device with Internet capability without the prior 
7 written approval of the offender's probation officer, 
8 except in connection with the offender's employment or 
9 search for employment with the prior approval of the 
10 offender's probation officer;
11   (ii) submit to periodic unannounced examinations 
12 of the offender's computer or any other device with 
13 Internet capability by the offender's probation 
14 officer, a law enforcement officer, or assigned 
15 computer or information technology specialist, 
16 including the retrieval and copying of all data from 
17 the computer or device and any internal or external 
18 peripherals and removal of such information, 
19 equipment, or device to conduct a more thorough 
20 inspection;
21   (iii) submit to the installation on the offender's 
22 computer or device with Internet capability, at the 
23 subject's expense, of one or more hardware or software 
24 systems to monitor the Internet use; and
25   (iv) submit to any other appropriate restrictions 
26 concerning the offender's use of or access to a 
 
 
SB2136- 404 -LRB103 27172 RLC 53542 b


1 computer or any other device with Internet capability 
2 imposed by the offender's probation officer; and 
3  (19) refrain from possessing a firearm or other 
4 dangerous weapon where the offense is a misdemeanor that 
5 did not involve the intentional or knowing infliction of 
6 bodily harm or threat of bodily harm. 
7 (c) The court may as a condition of probation or of 
8conditional
discharge require that a person under 18 years of 
9age found guilty of any
alcohol, cannabis or controlled 
10substance violation, refrain from acquiring
a driver's license 
11during
the period of probation or conditional discharge. If 
12such person
is in possession of a permit or license, the court 
13may require that
the minor refrain from driving or operating 
14any motor vehicle during the
period of probation or 
15conditional discharge, except as may be necessary in
the 
16course of the minor's lawful employment.


17 (d) An offender sentenced to probation or to conditional 
18discharge
shall be given a certificate setting forth the 
19conditions thereof.


20 (e) Except where the offender has committed a fourth or 
21subsequent
violation of subsection (c) of Section 6-303 of the 
22Illinois Vehicle Code,
the court shall not require as a 
23condition of the sentence of
probation or conditional 
24discharge that the offender be committed to a
period of 
25imprisonment in excess of 6 months.
This 6-month limit shall 
26not include periods of confinement given pursuant to
a 
 
 
SB2136- 405 -LRB103 27172 RLC 53542 b


1sentence of county impact incarceration under Section 5-8-1.2.

2 Persons committed to imprisonment as a condition of 
3probation or
conditional discharge shall not be committed to 
4the Department of
Corrections.


5 (f) The court may combine a sentence of periodic 
6imprisonment under
Article 7 or a sentence to a county impact 
7incarceration program under
Article 8 with a sentence of 
8probation or conditional discharge.


9 (g) An offender sentenced to probation or to conditional 
10discharge and
who during the term of either undergoes 
11mandatory drug or alcohol testing,
or both, or is assigned to 
12be placed on an approved electronic monitoring
device, shall 
13be ordered to pay all costs incidental to such mandatory drug

14or alcohol testing, or both, and all costs
incidental to such 
15approved electronic monitoring in accordance with the

16defendant's ability to pay those costs. The county board with

17the concurrence of the Chief Judge of the judicial
circuit in 
18which the county is located shall establish reasonable fees 
19for
the cost of maintenance, testing, and incidental expenses 
20related to the
mandatory drug or alcohol testing, or both, and 
21all costs incidental to
approved electronic monitoring, 
22involved in a successful probation program
for the county. The 
23concurrence of the Chief Judge shall be in the form of
an 
24administrative order.
The fees shall be collected by the clerk 
25of the circuit court, except as provided in an administrative 
26order of the Chief Judge of the circuit court. The clerk of
the 
 
 
SB2136- 406 -LRB103 27172 RLC 53542 b


1circuit court shall pay all moneys collected from these fees 
2to the county
treasurer who shall use the moneys collected to 
3defray the costs of
drug testing, alcohol testing, and 
4electronic monitoring.
The county treasurer shall deposit the 
5fees collected in the
county working cash fund under Section 
66-27001 or Section 6-29002 of the
Counties Code, as the case 
7may be.
The Chief Judge of the circuit court of the county may 
8by administrative order establish a program for electronic 
9monitoring of offenders, in which a vendor supplies and 
10monitors the operation of the electronic monitoring device, 
11and collects the fees on behalf of the county. The program 
12shall include provisions for indigent offenders and the 
13collection of unpaid fees. The program shall not unduly burden 
14the offender and shall be subject to review by the Chief Judge. 

15 The Chief Judge of the circuit court may suspend any 
16additional charges or fees for late payment, interest, or 
17damage to any device. 
18 (h) Jurisdiction over an offender may be transferred from 
19the
sentencing court to the court of another circuit with the 
20concurrence of
both courts. Further transfers or retransfers 
21of
jurisdiction are also
authorized in the same manner. The 
22court to which jurisdiction has been
transferred shall have 
23the same powers as the sentencing court.
The probation 
24department within the circuit to which jurisdiction has been 
25transferred, or which has agreed to provide supervision, may 
26impose probation fees upon receiving the transferred offender, 
 
 
SB2136- 407 -LRB103 27172 RLC 53542 b


1as provided in subsection (i). For all transfer cases, as 
2defined in Section 9b of the Probation and Probation Officers 
3Act, the probation department from the original sentencing 
4court shall retain all probation fees collected prior to the 
5transfer. After the transfer,
all probation fees shall be paid 
6to the probation department within the
circuit to which 
7jurisdiction has been transferred.

8 (i) The court shall impose upon an offender
sentenced to 
9probation after January 1, 1989 or to conditional discharge

10after January 1, 1992 or to community service under the 
11supervision of a
probation or court services department after 
12January 1, 2004, as a condition of such probation or 
13conditional
discharge or supervised community service, a fee 
14of $50
for each month of probation or
conditional
discharge 
15supervision or supervised community service ordered by the 
16court, unless after
determining the inability of the person 
17sentenced to probation or conditional
discharge or supervised 
18community service to pay the
fee, the court assesses a lesser 
19fee. The court may not impose the fee on a
minor who is placed 
20in the guardianship or custody of the Department of Children 
21and Family Services under the Juvenile Court Act of 1987
while 
22the minor is in placement.
The fee shall be imposed only upon

23an offender who is actively supervised by the
probation and 
24court services
department. The fee shall be collected by the 
25clerk
of the circuit court. The clerk of the circuit court 
26shall pay all monies
collected from this fee to the county 
 
 
SB2136- 408 -LRB103 27172 RLC 53542 b


1treasurer for deposit in the
probation and court services fund 
2under Section 15.1 of the
Probation and Probation Officers 
3Act.

4 A circuit court may not impose a probation fee under this 
5subsection (i) in excess of $25
per month unless the circuit 
6court has adopted, by administrative
order issued by the chief 
7judge, a standard probation fee guide
determining an 
8offender's ability to pay. Of the
amount collected as a 
9probation fee, up to $5 of that fee
collected per month may be 
10used to provide services to crime victims
and their families.
11 The Court may only waive probation fees based on an 
12offender's ability to pay. The probation department may 
13re-evaluate an offender's ability to pay every 6 months, and, 
14with the approval of the Director of Court Services or the 
15Chief Probation Officer, adjust the monthly fee amount. An 
16offender may elect to pay probation fees due in a lump sum.
Any 
17offender that has been assigned to the supervision of a 
18probation department, or has been transferred either under 
19subsection (h) of this Section or under any interstate 
20compact, shall be required to pay probation fees to the 
21department supervising the offender, based on the offender's 
22ability to pay.


23 Public Act 93-970 deletes the $10 increase in the fee 
24under this subsection that was imposed by Public Act 93-616. 
25This deletion is intended to control over any other Act of the 
2693rd General Assembly that retains or incorporates that fee 
 
 
SB2136- 409 -LRB103 27172 RLC 53542 b


1increase.
2 (i-5) In addition to the fees imposed under subsection (i) 
3of this Section, in the case of an offender convicted of a 
4felony sex offense (as defined in the Sex Offender Management 
5Board Act) or an offense that the court or probation 
6department has determined to be sexually motivated (as defined 
7in the Sex Offender Management Board Act), the court or the 
8probation department shall assess additional fees to pay for 
9all costs of treatment, assessment, evaluation for risk and 
10treatment, and monitoring the offender, based on that 
11offender's ability to pay those costs either as they occur or 
12under a payment plan.
13 (j) All fines and costs imposed under this Section for any 
14violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
15Code, or a similar
provision of a local ordinance, and any 
16violation of the Child Passenger
Protection Act, or a similar 
17provision of a local ordinance, shall be
collected and 
18disbursed by the circuit clerk as provided under the Criminal 
19and Traffic Assessment Act.


20 (k) Any offender who is sentenced to probation or 
21conditional discharge for a felony sex offense as defined in 
22the Sex Offender Management Board Act or any offense that the 
23court or probation department has determined to be sexually 
24motivated as defined in the Sex Offender Management Board Act 
25shall be required to refrain from any contact, directly or 
26indirectly, with any persons specified by the court and shall 
 
 
SB2136- 410 -LRB103 27172 RLC 53542 b


1be available for all evaluations and treatment programs 
2required by the court or the probation department.

3 (l) The court may order an offender who is sentenced to 
4probation or conditional
discharge for a violation of an order 
5of protection be placed under electronic surveillance as 
6provided in Section 5-8A-7 of this Code. 
7(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)

8 Section 95. The Stalking No Contact Order Act is amended 
9by changing Section 80 as follows:

10 (740 ILCS 21/80)

11 Sec. 80. Stalking no contact orders; remedies.
12 (a) If the court finds that the petitioner has been a 
13victim of stalking, a stalking no contact order shall issue; 
14provided that the petitioner must also satisfy the 
15requirements of Section 95 on emergency orders or Section 100 
16on plenary orders. The petitioner shall not be denied a 
17stalking no contact order because the petitioner or the 
18respondent is a minor. The court, when determining whether or 
19not to issue a stalking no contact order, may not require 
20physical injury on the person of the petitioner. Modification 
21and extension of prior stalking no contact orders shall be in 
22accordance with this Act.
23 (b) A stalking no contact order shall order one or more of 
24the following:
 
 
SB2136- 411 -LRB103 27172 RLC 53542 b


1  (1) prohibit the respondent from threatening to commit 
2 or committing stalking;
3  (2) order the respondent not to have any contact with 
4 the petitioner or a third person specifically named by the 
5 court;
6  (3) prohibit the respondent from knowingly coming 
7 within, or knowingly remaining within a specified distance 
8 of the petitioner or the petitioner's residence, school, 
9 daycare, or place of employment, or any specified place 
10 frequented by the petitioner; however, the court may order 
11 the respondent to stay away from the respondent's own 
12 residence, school, or place of employment only if the 
13 respondent has been provided actual notice of the 
14 opportunity to appear and be heard on the petition;
15  (4) prohibit the respondent from possessing a Firearm 
16 Owners Identification Card, or possessing or buying 
17 firearms; and
18  (5) order other injunctive relief the court determines 
19 to be necessary to protect the petitioner or third party 
20 specifically named by the court.
21 (b-5) When the petitioner and the respondent attend the 
22same public, private, or non-public elementary, middle, or 
23high school, the court when issuing a stalking no contact 
24order and providing relief shall consider the severity of the 
25act, any continuing physical danger or emotional distress to 
26the petitioner, the educational rights guaranteed to the 
 
 
SB2136- 412 -LRB103 27172 RLC 53542 b


1petitioner and respondent under federal and State law, the 
2availability of a transfer of the respondent to another 
3school, a change of placement or a change of program of the 
4respondent, the expense, difficulty, and educational 
5disruption that would be caused by a transfer of the 
6respondent to another school, and any other relevant facts of 
7the case. The court may order that the respondent not attend 
8the public, private, or non-public elementary, middle, or high 
9school attended by the petitioner, order that the respondent 
10accept a change of placement or program, as determined by the 
11school district or private or non-public school, or place 
12restrictions on the respondent's movements within the school 
13attended by the petitioner.
The respondent bears the burden of 
14proving by a preponderance of the evidence that a transfer, 
15change of placement, or change of program of the respondent is 
16not available. The respondent also bears the burden of 
17production with respect to the expense, difficulty, and 
18educational disruption that would be caused by a transfer of 
19the respondent to another school. A transfer, change of 
20placement, or change of program is not unavailable to the 
21respondent solely on the ground that the respondent does not 
22agree with the school district's or private or non-public 
23school's transfer, change of placement, or change of program 
24or solely on the ground that the respondent fails or refuses to 
25consent to or otherwise does not take an action required to 
26effectuate a transfer, change of placement, or change of 
 
 
SB2136- 413 -LRB103 27172 RLC 53542 b


1program.
When a court orders a respondent to stay away from the 
2public, private, or non-public school attended by the 
3petitioner and the respondent requests a transfer to another 
4attendance center within the respondent's school district or 
5private or non-public school, the school district or private 
6or non-public school shall have sole discretion to determine 
7the attendance center to which the respondent is transferred.

8In the event the court order results in a transfer of the minor 
9respondent to another attendance center, a change in the 
10respondent's placement, or a change of the respondent's 
11program, the parents, guardian, or legal custodian of the 
12respondent is responsible for transportation and other costs 
13associated with the transfer or change. 
14 (b-6) The court may order the parents, guardian, or legal 
15custodian of a minor respondent to take certain actions or to 
16refrain from taking certain actions to ensure that the 
17respondent complies with the order. In the event the court 
18orders a transfer of the respondent to another school, the 
19parents, guardian, or legal custodian of the respondent are 
20responsible for transportation and other costs associated with 
21the change of school by the respondent. 
22 (b-7) The court shall not hold a school district or 
23private or non-public school or any of its employees in civil 
24or criminal contempt unless the school district or private or 
25non-public school has been allowed to intervene.
26 (b-8) The court may hold the parents, guardian, or legal 
 
 
SB2136- 414 -LRB103 27172 RLC 53542 b


1custodian of a minor respondent in civil or criminal contempt 
2for a violation of any provision of any order entered under 
3this Act for conduct of the minor respondent in violation of 
4this Act if the
parents, guardian, or legal custodian 
5directed, encouraged, or assisted the respondent minor in such 
6conduct. 
7 (c) The court may award the petitioner costs and attorneys 
8fees if a stalking no contact order is granted.
9 (d) Monetary damages are not recoverable as a remedy.
10 (e) 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 Firearm Owner's 
14Identification Card and immediately return the card to the 
15Illinois State Police Firearm Owner's Identification Card 
16Office.


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

18 Section 100. The Mental Health and Developmental 
19Disabilities Confidentiality Act is amended by changing 
20Section 12 as follows:



21 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


22 Sec. 12. (a) If the United States Secret Service or the 
23Illinois State Police requests information from a mental 
24health or developmental
disability facility, as defined in 
 
 
SB2136- 415 -LRB103 27172 RLC 53542 b


1Section 1-107 and 1-114 of the Mental
Health and Developmental 
2Disabilities Code, relating to a specific
recipient and the 
3facility director determines that disclosure of such

4information may be necessary to protect the life of, or to 
5prevent
the infliction of great bodily harm to, a public 
6official,
or a person under the protection of the United

7States Secret Service, only the following information
may be 
8disclosed: the recipient's name, address, and age and the date 
9of
any admission to or discharge from a facility; and any 
10information which
would indicate whether or not the recipient 
11has a history of violence or
presents a danger of violence to 
12the person under protection. Any information
so disclosed 
13shall be used for investigative purposes only and shall not
be 
14publicly disseminated.
Any person participating in good faith 
15in the disclosure of such
information in accordance with this 
16provision shall have immunity from any
liability, civil, 
17criminal or otherwise, if such information is disclosed

18relying upon the representation of an officer of the United 
19States Secret
Service or the Illinois State Police that a 
20person is under the
protection of the United States Secret 
21Service or is a public official.

22 For the purpose of this subsection (a), the term "public 
23official" means
the Governor, Lieutenant Governor, Attorney 
24General, Secretary of State,
State Comptroller, State 
25Treasurer, member of the General Assembly, member of the 
26United States Congress, Judge of the United States as defined 
 
 
SB2136- 416 -LRB103 27172 RLC 53542 b


1in 28 U.S.C. 451, Justice of the United States as defined in 28 
2U.S.C. 451, United States Magistrate Judge as defined in 28 
3U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
4Supreme, Appellate, Circuit, or Associate Judge of the State 
5of Illinois. The
term shall also include the spouse, child or 
6children of a public official.

7 (b) The Department of Human Services (acting as successor 
8to the
Department of Mental Health and Developmental 
9Disabilities) and all
public or private hospitals and mental 
10health facilities are required, as hereafter described in this 
11subsection,
to furnish the Illinois State Police only such 
12information as may
be required for the sole purpose of 
13determining whether an individual who
may be or may have been a 
14patient is disqualified because of that status
from receiving 
15or retaining a firearm under paragraph (4) of subsection (a) 
16of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
17Identification Card or falls within the federal prohibitors 
18under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
19of the Firearm Owners Identification Card Act, or falls within 
20the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
21physicians, clinical psychologists, or qualified examiners at 
22public or private mental health facilities or parts thereof as 
23defined in this subsection shall, in the form and manner 
24required
by the Department, provide notice directly to the 
25Department of Human Services, or to his or her employer who 
26shall then report to the Department, within 24 hours after 
 
 
SB2136- 417 -LRB103 27172 RLC 53542 b


1determining that a person poses a clear and present danger to 
2himself, herself, or others, or within 7 days after a person 14 
3years or older is determined to be a person with a 
4developmental disability by a physician, clinical 
5psychologist, or qualified examiner as described in this 
6subsection (b) Section 1.1 of the Firearm Owners 
7Identification Card Act. If a person is a patient as described 
8in clause (2)(A) (1) of the definition of "patient" in this 
9subsection Section 1.1 of the Firearm Owners Identification 
10Card Act, this information shall be furnished within 7 days 
11after
admission to a public or private hospital or mental 
12health facility or the provision of services. Any such 
13information disclosed under
this subsection shall
remain 
14privileged and confidential, and shall not be redisclosed, 
15except as required by clause (e)(2) of Section 24-4.5 of the 
16Criminal Code of 2012 subsection (e) of Section 3.1 of the 
17Firearm Owners Identification Card Act, nor utilized
for any 
18other purpose. The method of requiring the providing of such

19information shall guarantee that no information is released 
20beyond what
is necessary for this purpose. In addition, the 
21information disclosed
shall be provided
by the Department 
22within the time period established by Section 24-3 of the

23Criminal Code of 2012 regarding the delivery of firearms. The 
24method used
shall be sufficient to provide the necessary 
25information within the
prescribed time period, which may 
26include periodically providing
lists to the Department of 
 
 
SB2136- 418 -LRB103 27172 RLC 53542 b


1Human Services
or any public or private hospital or mental 
2health facility of Firearm Owner's Identification Card 
3applicants for firearm purchases
on which the Department or 
4hospital shall indicate the identities of those
individuals 
5who are to its knowledge disqualified from having a firearm 
6Firearm
Owner's Identification Card for reasons described 
7herein. The Department
may provide for a centralized source
of 
8information for the State on this subject under its 
9jurisdiction. The identity of the person reporting under this 
10subsection shall not be disclosed to the subject of the 
11report. For the purposes of this subsection, the physician, 
12clinical psychologist, or qualified examiner making the 
13determination and his or her employer shall not be held 
14criminally, civilly, or professionally liable for making or 
15not making the notification required under this subsection, 
16except for willful or wanton misconduct. 

17 Any person, institution, or agency, under this Act, 
18participating in
good faith in the reporting or disclosure of 
19records and communications
otherwise in accordance with this 
20provision or with rules, regulations or
guidelines issued by 
21the Department shall have immunity from any
liability, civil, 
22criminal or otherwise, that might result by reason of the

23action. For the purpose of any proceeding, civil or criminal,

24arising out of a report or disclosure in accordance with this 
25provision,
the good faith of any person,
institution, or 
26agency so reporting or disclosing shall be presumed. The
full 
 
 
SB2136- 419 -LRB103 27172 RLC 53542 b


1extent of the immunity provided in this subsection (b) shall 
2apply to
any person, institution or agency that fails to make a 
3report or disclosure
in the good faith belief that the report 
4or disclosure would violate
federal regulations governing the 
5confidentiality of alcohol and drug abuse
patient records 
6implementing 42 U.S.C. 290dd-3 and 290ee-3.

7 For purposes of this subsection (b) only, the following 
8terms shall have
the meaning prescribed:

9  (1) (Blank).

10  (1.3) "Clear and present danger" has the meaning as 
11 defined in Section 6-103.3 of the Mental Health and 
12 Developmental Disabilities Code 1.1 of the Firearm Owners 
13 Identification Card Act. 
14  (1.5) "Person with a developmental disability" has the 
15 meaning as defined in Section 6-103.3 of the Mental Health 
16 and Developmental Disabilities Code 1.1 of the Firearm 
17 Owners Identification Card Act.
18  (2) "Patient" means (A) a person who voluntarily 
19 receives mental health treatment as an in-patient or 
20 resident of any public or private mental health facility, 
21 unless the treatment was solely for an alcohol abuse 
22 disorder and no other secondary substance abuse disorder 
23 or mental illness; or (B) a person who voluntarily 
24 receives mental health treatment as an out-patient or is 
25 provided services by a public or private mental health 
26 facility, and who poses a clear and present danger to 
 
 
SB2136- 420 -LRB103 27172 RLC 53542 b


1 himself, herself, or to others has the meaning as defined 
2 in Section 1.1 of the Firearm Owners Identification Card 
3 Act.

4  (3) "Mental health facility" means any licensed 
5 private hospital or hospital affiliate, institution, or 
6 facility, or part thereof, and any facility, or part 
7 thereof, operated by the State or a political subdivision 
8 thereof which provide treatment of persons with mental 
9 illness and includes all hospitals, institutions, clinics, 
10 evaluation facilities, mental health centers, colleges, 
11 universities, long-term care facilities, and nursing 
12 homes, or parts thereof, which provide treatment of 
13 persons with mental illness whether or not the primary 
14 purpose is to provide treatment of persons with mental 
15 illness has the meaning as defined in Section 1.1 of the 
16 Firearm Owners Identification Card Act.

17 (c) Upon the request of a peace officer who takes a person 
18into custody
and transports such person to a mental health or 
19developmental disability
facility pursuant to Section 3-606 or 
204-404 of the Mental Health and
Developmental Disabilities Code 
21or who transports a person from such facility,
a facility 
22director shall furnish said peace officer the name, address, 
23age
and name of the nearest relative of the person transported 
24to or from the
mental health or developmental disability 
25facility. In no case shall the
facility director disclose to 
26the peace officer any information relating to the
diagnosis, 
 
 
SB2136- 421 -LRB103 27172 RLC 53542 b


1treatment or evaluation of the person's mental or physical 
2health.

3 For the purposes of this subsection (c), the terms "mental 
4health or
developmental disability facility", "peace officer" 
5and "facility director"
shall have the meanings ascribed to 
6them in the Mental Health and
Developmental Disabilities Code.

7 (d) Upon the request of a peace officer or prosecuting 
8authority who is
conducting a bona fide investigation of a 
9criminal offense, or attempting to
apprehend a fugitive from 
10justice,
a facility director may disclose whether a person is 
11present at the facility.
Upon request of a peace officer or 
12prosecuting authority who has a valid
forcible felony warrant 
13issued, a facility director shall disclose: (1) whether
the 
14person who is the subject of the warrant is present at the 
15facility and (2)
the
date of that person's discharge or future 
16discharge from the facility.
The requesting peace officer or 
17prosecuting authority must furnish a case
number and the 
18purpose of the investigation or an outstanding arrest warrant 
19at
the time of the request. Any person, institution, or agency

20participating in good faith in disclosing such information in 
21accordance with
this subsection (d) is immune from any 
22liability, civil, criminal or
otherwise, that might result by 
23reason of the action.

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


25 Section 105. The Illinois Domestic Violence Act of 1986 is 
 
 
SB2136- 422 -LRB103 27172 RLC 53542 b


1amended by changing Sections 210 and 214 as follows:



2 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



3 Sec. 210. Process. 

4 (a) Summons. Any action for an order
of protection, 
5whether commenced alone or in conjunction with another

6proceeding, is a distinct cause of action and requires that a 
7separate
summons be issued and served, except that in pending 
8cases the following
methods may be used:

9  (1) By delivery of the summons to respondent 
10 personally in open
court in pending civil or criminal 
11 cases.

12  (2) By notice in accordance with Section 210.1 in 
13 civil cases in which
the defendant has filed a general 
14 appearance.

15 The summons shall be in the form prescribed
by Supreme 
16Court Rule 101(d), except that it shall require respondent to

17answer or appear within 7 days.
Attachments to the summons or 
18notice shall include the petition for order
of protection and 
19supporting affidavits, if any, and any emergency order of

20protection that has been issued. The enforcement of an order 
21of protection
under Section 223 shall not be affected by the 
22lack of service, delivery,
or notice, provided the 
23requirements of subsection (d) of that Section are
otherwise 
24met.

25 (b) Blank.

 
 
SB2136- 423 -LRB103 27172 RLC 53542 b


1 (c) Expedited service. The summons shall be served by the 
2sheriff or
other law enforcement officer at the earliest time 
3and shall take
precedence over other summonses except those of 
4a similar emergency nature.
Special process servers may be 
5appointed at any time, and their
designation shall not affect 
6the responsibilities and authority of the
sheriff or other 
7official process servers. In counties with a population over 
83,000,000, a special process server may not be appointed if 
9the order of protection grants the surrender of a child, the 
10surrender of a firearm or firearm owners identification card, 
11or the exclusive possession of a shared residence.

12 (d) Remedies requiring actual notice. The counseling, 
13payment of
support, payment of shelter services,
and payment 
14of losses remedies provided by paragraphs 4,
12, 13, and 16 of 
15subsection (b) of Section 214 may be granted only if

16respondent has
been personally served with process, has 
17answered or has made a general
appearance.

18 (e) Remedies upon constructive notice. Service of process 
19on a member
of respondent's household or by publication shall 
20be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
216, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
22214, but only if: (i) petitioner has made all reasonable

23efforts to accomplish actual service of process personally 
24upon respondent,
but respondent cannot be found to effect such 
25service and (ii) petitioner
files an affidavit or presents 
26sworn testimony
as to those efforts.

 
 
SB2136- 424 -LRB103 27172 RLC 53542 b


1 (f) Default. A plenary order of protection may be entered 
2by default as follows:

3  (1) For any of the remedies sought in the petition, if 
4 respondent
has been served or given notice in accordance 
5 with subsection (a) and if
respondent then fails to appear 
6 as directed or fails to appear on any subsequent

7 appearance or hearing date agreed to by the parties or set 
8 by the court; or

9  (2) For any of the remedies provided in accordance 
10 with subsection
(e), if respondent fails to answer or 
11 appear in accordance with the
date set in the publication 
12 notice or the return date indicated on the
service of a 
13 household member.

14 (g) Emergency orders. If an order is granted under 
15subsection (c) of Section 217, the court shall immediately 
16file a certified copy of the order with the sheriff or other 
17law enforcement official charged with maintaining Department 
18of State Police records.
19(Source: P.A. 101-508, eff. 1-1-20.)




20 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

21 Sec. 214. Order of protection; remedies. 

22 (a) Issuance of order. If the court finds that petitioner 
23has been
abused by a family or household member or that 
24petitioner is a high-risk
adult who has been abused, 
25neglected, or exploited, as defined in this Act,
an order of 
 
 
SB2136- 425 -LRB103 27172 RLC 53542 b


1protection prohibiting the abuse, neglect, or exploitation

2shall issue; provided that petitioner must also satisfy the 
3requirements of
one of the following Sections, as appropriate: 
4Section 217 on emergency
orders, Section 218 on interim 
5orders, or Section 219 on plenary orders.
Petitioner shall not 
6be denied an order of protection because petitioner or

7respondent is a minor. The court, when determining whether or 
8not to issue
an order of protection, shall not require 
9physical manifestations of abuse
on the person of the victim. 
10Modification and extension of prior
orders of protection shall 
11be in accordance with this Act.

12 (b) Remedies and standards. The remedies to be included in 
13an order of
protection shall be determined in accordance with 
14this Section and one of
the following Sections, as 
15appropriate: Section 217 on emergency orders,
Section 218 on 
16interim orders, and Section 219 on plenary orders. The

17remedies listed in this subsection shall be in addition to 
18other civil or
criminal remedies available to petitioner.

19  (1) Prohibition of abuse, neglect, or exploitation. 
20 Prohibit
respondent's harassment, interference with 
21 personal liberty, intimidation
of a dependent, physical 
22 abuse, or willful deprivation, neglect or
exploitation, as 
23 defined in this Act, or stalking of the petitioner, as 
24 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
25 such abuse, neglect,
exploitation, or stalking has 
26 occurred or otherwise appears likely to occur if
not 
 
 
SB2136- 426 -LRB103 27172 RLC 53542 b


1 prohibited.

2  (2) Grant of exclusive possession of residence. 
3 Prohibit respondent from
entering or remaining in any 
4 residence, household, or premises of the petitioner,

5 including one owned or leased by respondent, if petitioner 
6 has a right to
occupancy thereof. The grant of exclusive 
7 possession of the residence, household, or premises shall 
8 not
affect title to real property, nor shall the court be 
9 limited by the standard
set forth in subsection (c-2) of 
10 Section 501 of the Illinois Marriage and Dissolution of 
11 Marriage
Act.

12   (A) Right to occupancy. A party has a right to 
13 occupancy of a
residence or household if it is solely 
14 or jointly owned or leased by that
party, that party's 
15 spouse, a person with a legal duty to support that 
16 party or
a minor child in that party's care, or by any 
17 person or entity other than the
opposing party that 
18 authorizes that party's occupancy (e.g., a domestic

19 violence shelter). Standards set forth in subparagraph 
20 (B) shall not preclude
equitable relief.

21   (B) Presumption of hardships. If petitioner and 
22 respondent
each has the right to occupancy of a 
23 residence or household, the court
shall balance (i) 
24 the hardships to respondent and any minor child or

25 dependent adult in respondent's care resulting from 
26 entry of this remedy with
(ii) the hardships to 
 
 
SB2136- 427 -LRB103 27172 RLC 53542 b


1 petitioner and any minor child or dependent adult in

2 petitioner's care resulting from continued exposure to 
3 the risk of abuse
(should petitioner remain at the 
4 residence or household) or from loss of
possession of 
5 the residence or household (should petitioner leave to 
6 avoid the
risk of abuse). When determining the balance 
7 of hardships, the court shall
also take into account 
8 the accessibility of the residence or household.

9 Hardships need not be balanced if respondent does not 
10 have a right to
occupancy.

11   The balance of hardships is presumed to favor 
12 possession by
petitioner unless the presumption is 
13 rebutted by a preponderance of the
evidence, showing 
14 that the hardships to respondent substantially 
15 outweigh
the hardships to petitioner and any minor 
16 child or dependent adult in
petitioner's care. The 
17 court, on the request of petitioner or on its own

18 motion, may order respondent to provide suitable, 
19 accessible, alternate housing
for petitioner instead 
20 of excluding respondent from a mutual residence or

21 household.

22  (3) Stay away order and additional prohibitions.
Order 
23 respondent to stay away from petitioner or any other 
24 person
protected by the order of protection, or prohibit 
25 respondent from entering
or remaining present at 
26 petitioner's school, place of employment, or other

 
 
SB2136- 428 -LRB103 27172 RLC 53542 b


1 specified places at times when petitioner is present, or 
2 both, if
reasonable, given the balance of hardships. 
3 Hardships need not be balanced for
the court to enter a 
4 stay away order or prohibit entry if respondent has no

5 right to enter the premises.

6   (A) If an order of protection grants petitioner 
7 exclusive possession
of the residence, or prohibits 
8 respondent from entering the residence,
or orders 
9 respondent to stay away from petitioner or other

10 protected persons, then the court may allow respondent 
11 access to the
residence to remove items of clothing 
12 and personal adornment
used exclusively by respondent, 
13 medications, and other items as the court
directs. The 
14 right to access shall be exercised on only one 
15 occasion as the
court directs and in the presence of an 
16 agreed-upon adult third party or law
enforcement 
17 officer.

18   (B) When the petitioner and the respondent attend 
19 the same public, private, or non-public elementary, 
20 middle, or high school, the court when issuing an 
21 order of protection and providing relief shall 
22 consider the severity of the act, any continuing 
23 physical danger or emotional distress to the 
24 petitioner, the educational rights guaranteed to the 
25 petitioner and respondent under federal and State law, 
26 the availability of a transfer of the respondent to 
 
 
SB2136- 429 -LRB103 27172 RLC 53542 b


1 another school, a change of placement or a change of 
2 program of the respondent, the expense, difficulty, 
3 and educational disruption that would be caused by a 
4 transfer of the respondent to another school, and any 
5 other relevant facts of the case. The court may order 
6 that the respondent not attend the public, private, or 
7 non-public elementary, middle, or high school attended 
8 by the petitioner, order that the respondent accept a 
9 change of placement or change of program, as 
10 determined by the school district or private or 
11 non-public school, or place restrictions on the 
12 respondent's movements within the school attended by 
13 the petitioner.
The respondent bears the burden of 
14 proving by a preponderance of the evidence that a 
15 transfer, change of placement, or change of program of 
16 the respondent is not available. The respondent also 
17 bears the burden of production with respect to the 
18 expense, difficulty, and educational disruption that 
19 would be caused by a transfer of the respondent to 
20 another school. A transfer, change of placement, or 
21 change of program is not unavailable to the respondent 
22 solely on the ground that the respondent does not 
23 agree with the school district's or private or 
24 non-public school's transfer, change of placement, or 
25 change of program or solely on the ground that the 
26 respondent fails or refuses to consent or otherwise 
 
 
SB2136- 430 -LRB103 27172 RLC 53542 b


1 does not take an action required to effectuate a 
2 transfer, change of placement, or change of program.

3 When a court orders a respondent to stay away from the 
4 public, private, or non-public school attended by the 
5 petitioner and the respondent requests a transfer to 
6 another attendance center within the respondent's 
7 school district or private or non-public school, the 
8 school district or private or non-public school shall 
9 have sole discretion to determine the attendance 
10 center to which the respondent is transferred.
In the 
11 event the court order results in a transfer of the 
12 minor respondent to another attendance center, a 
13 change in the respondent's placement, or a change of 
14 the respondent's program, the parents, guardian, or 
15 legal custodian of the respondent is responsible for 
16 transportation and other costs associated with the 
17 transfer or change. 
18   (C) The court may order the parents, guardian, or 
19 legal custodian of a minor respondent to take certain 
20 actions or to refrain from taking certain actions to 
21 ensure that the respondent complies with the order. In 
22 the event the court orders a transfer of the 
23 respondent to another school, the parents, guardian, 
24 or legal custodian of the respondent is responsible 
25 for transportation and other costs associated with the 
26 change of school by the respondent. 
 
 
SB2136- 431 -LRB103 27172 RLC 53542 b


1  (4) Counseling. Require or recommend the respondent to 
2 undergo
counseling for a specified duration with a social 
3 worker, psychologist,
clinical psychologist, 
4 psychiatrist, family service agency, alcohol or
substance 
5 abuse program, mental health center guidance counselor, 
6 agency
providing services to elders, program designed for 
7 domestic violence
abusers or any other guidance service 
8 the court deems appropriate. The Court may order the 
9 respondent in any intimate partner relationship to report 
10 to an Illinois Department of Human Services protocol 
11 approved partner abuse intervention program for an 
12 assessment and to follow all recommended treatment. 

13  (5) Physical care and possession of the minor child. 
14 In order to protect
the minor child from abuse, neglect, 
15 or unwarranted separation from the person
who has been the 
16 minor child's primary caretaker, or to otherwise protect 
17 the
well-being of the minor child, the court may do either 
18 or both of the
following: (i) grant petitioner physical 
19 care or possession of the minor child,
or both, or (ii) 
20 order respondent to return a minor child to, or not remove 
21 a
minor child from, the physical care of a parent or person 
22 in loco parentis.

23  If a court finds, after a hearing, that respondent has 
24 committed abuse
(as defined in Section 103) of a minor 
25 child, there shall be a
rebuttable presumption that 
26 awarding physical care to respondent would not
be in the 
 
 
SB2136- 432 -LRB103 27172 RLC 53542 b


1 minor child's best interest.

2  (6) Temporary allocation of parental responsibilities: 
3 significant decision-making. Award temporary 
4 decision-making responsibility to petitioner
in accordance 
5 with this Section, the Illinois Marriage and Dissolution 
6 of
Marriage Act, the Illinois Parentage Act of 2015, and 
7 this State's Uniform
Child-Custody Jurisdiction and 
8 Enforcement Act. 

9  If a court finds, after a hearing, that respondent has 
10 committed abuse (as
defined in Section 103) of a minor 
11 child, there shall be a rebuttable
presumption that 
12 awarding temporary significant decision-making 
13 responsibility to respondent would not be in
the child's 
14 best interest.

15  (7) Parenting time. Determine the parenting time, if 
16 any, of respondent in
any case in which the court awards 
17 physical care or allocates temporary significant 
18 decision-making responsibility of
a minor child to 
19 petitioner. The court shall restrict or deny respondent's 
20 parenting time
with a minor child if the court finds that 
21 respondent has done or is
likely to do any of the 
22 following: (i) abuse or endanger the minor child during 
23 parenting time; (ii) use the parenting time as an 
24 opportunity to abuse or harass
petitioner or petitioner's 
25 family or household members; (iii) improperly
conceal or 
26 detain the minor child; or (iv) otherwise act in a manner 
 
 
SB2136- 433 -LRB103 27172 RLC 53542 b


1 that is
not in the best interests of the minor child. The 
2 court shall not be limited
by the standards set forth in 
3 Section 603.10 of the Illinois Marriage and
Dissolution of 
4 Marriage Act. If the court grants parenting time, the 
5 order shall
specify dates and times for the parenting time 
6 to take place or other specific
parameters or conditions 
7 that are appropriate. No order for parenting time shall

8 refer merely to the term "reasonable parenting time".

9  Petitioner may deny respondent access to the minor 
10 child if, when
respondent arrives for parenting time, 
11 respondent is under the influence of drugs
or alcohol and 
12 constitutes a threat to the safety and well-being of

13 petitioner or petitioner's minor children or is behaving 
14 in a violent or
abusive manner.

15  If necessary to protect any member of petitioner's 
16 family or
household from future abuse, respondent shall be 
17 prohibited from coming to
petitioner's residence to meet 
18 the minor child for parenting time, and the
parties shall 
19 submit to the court their recommendations for reasonable

20 alternative arrangements for parenting time. A person may 
21 be approved to
supervise parenting time only after filing 
22 an affidavit accepting
that responsibility and 
23 acknowledging accountability to the court.

24  (8) Removal or concealment of minor child. Prohibit 
25 respondent from
removing a minor child from the State or 
26 concealing the child within the State.


 
 
SB2136- 434 -LRB103 27172 RLC 53542 b


1  (9) Order to appear. Order the respondent to appear in 
2 court, alone
or with a minor child, to prevent abuse, 
3 neglect, removal or concealment of
the child, to return 
4 the child to the custody or care of the petitioner or
to 
5 permit any court-ordered interview or examination of the 
6 child or the
respondent.

7  (10) Possession of personal property. Grant petitioner 
8 exclusive
possession of personal property and, if 
9 respondent has possession or
control, direct respondent to 
10 promptly make it available to petitioner, if:

11   (i) petitioner, but not respondent, owns the 
12 property; or

13   (ii) the parties own the property jointly; sharing 
14 it would risk
abuse of petitioner by respondent or is 
15 impracticable; and the balance of
hardships favors 
16 temporary possession by petitioner.

17  If petitioner's sole claim to ownership of the 
18 property is that it is
marital property, the court may 
19 award petitioner temporary possession
thereof under the 
20 standards of subparagraph (ii) of this paragraph only if
a 
21 proper proceeding has been filed under the Illinois 
22 Marriage and
Dissolution of Marriage Act, as now or 
23 hereafter amended.

24  No order under this provision shall affect title to 
25 property.

26  (11) Protection of property. Forbid the respondent 
 
 
SB2136- 435 -LRB103 27172 RLC 53542 b


1 from taking,
transferring, encumbering, concealing, 
2 damaging or otherwise disposing of
any real or personal 
3 property, except as explicitly authorized by the
court, 
4 if:

5   (i) petitioner, but not respondent, owns the 
6 property; or

7   (ii) the parties own the property jointly,
and the 
8 balance of hardships favors granting this remedy.

9  If petitioner's sole claim to ownership of the 
10 property is that it is
marital property, the court may 
11 grant petitioner relief under subparagraph
(ii) of this 
12 paragraph only if a proper proceeding has been filed under 
13 the
Illinois Marriage and Dissolution of Marriage Act, as 
14 now or hereafter amended.

15  The court may further prohibit respondent from 
16 improperly using the
financial or other resources of an 
17 aged member of the family or household
for the profit or 
18 advantage of respondent or of any other person.

19  (11.5) Protection of animals. Grant the petitioner the 
20 exclusive care, custody, or control of any animal owned, 
21 possessed, leased, kept, or held by either the petitioner 
22 or the respondent or a minor child residing in the 
23 residence or household of either the petitioner or the 
24 respondent and order the respondent to stay away from the 
25 animal and forbid the respondent from taking, 
26 transferring, encumbering, concealing, harming, or 
 
 
SB2136- 436 -LRB103 27172 RLC 53542 b


1 otherwise disposing of the animal.

2  (12) Order for payment of support. Order respondent to 
3 pay temporary
support for the petitioner or any child in 
4 the petitioner's care or over whom the petitioner has been 
5 allocated parental responsibility, when the respondent has 
6 a legal obligation to support that person,
in accordance 
7 with the Illinois Marriage and Dissolution
of Marriage 
8 Act, which shall govern, among other matters, the amount 
9 of
support, payment through the clerk and withholding of 
10 income to secure
payment. An order for child support may 
11 be granted to a petitioner with
lawful physical care of a 
12 child, or an order or agreement for
physical care of a 
13 child, prior to entry of an order allocating significant 
14 decision-making responsibility.
Such a support order shall 
15 expire upon entry of a valid order allocating parental 
16 responsibility differently and vacating the petitioner's 
17 significant decision-making authority, unless otherwise 
18 provided in the order.

19  (13) Order for payment of losses. Order respondent to 
20 pay petitioner for
losses suffered as a direct result of 
21 the abuse, neglect, or exploitation.
Such losses shall 
22 include, but not be limited to, medical expenses, lost

23 earnings or other support, repair or replacement of 
24 property damaged or taken,
reasonable attorney's fees, 
25 court costs and moving or other travel expenses,
including 
26 additional reasonable expenses for temporary shelter and 
 
 
SB2136- 437 -LRB103 27172 RLC 53542 b


1 restaurant
meals.

2   (i) Losses affecting family needs. If a party is 
3 entitled to seek
maintenance, child support or 
4 property distribution from the other party
under the 
5 Illinois Marriage and Dissolution of Marriage Act, as 
6 now or
hereafter amended, the court may order 
7 respondent to reimburse petitioner's
actual losses, to 
8 the extent that such reimbursement would be 
9 "appropriate
temporary relief", as authorized by 
10 subsection (a)(3) of Section 501 of
that Act.

11   (ii) Recovery of expenses. In the case of an 
12 improper concealment
or removal of a minor child, the 
13 court may order respondent to pay the
reasonable 
14 expenses incurred or to be incurred in the search for 
15 and recovery
of the minor child, including but not 
16 limited to legal fees, court costs,
private 
17 investigator fees, and travel costs.

18  (14) Prohibition of entry. Prohibit the respondent 
19 from entering or
remaining in the residence or household 
20 while the respondent is under the
influence of alcohol or 
21 drugs and constitutes a threat to the safety and

22 well-being of the petitioner or the petitioner's children.

23  (14.5) Prohibition of firearm possession.

24   (a) Prohibit a respondent against whom an order of 
25 protection was issued from possessing any firearms 
26 during the duration of the order if the order:
 
 
SB2136- 438 -LRB103 27172 RLC 53542 b


1    (1) was issued after a hearing of which such 
2 person received
actual notice, and at which such 
3 person had an opportunity to
participate;
4    (2) restrains such person from harassing, 
5 stalking, or
threatening an intimate partner of 
6 such person or child of such
intimate partner or 
7 person, or engaging in other conduct that
would 
8 place an intimate partner in reasonable fear of 
9 bodily
injury to the partner or child; and
10    (3)(i) includes a finding that such person 
11 represents a
credible threat to the physical 
12 safety of such intimate partner
or child; or
(ii) 
13 by its terms explicitly prohibits the use, 
14 attempted
use, or threatened use of physical force 
15 against such intimate
partner or child that would 
16 reasonably be expected to cause
bodily injury.
17  Any Firearm Owner's Identification Card in the

18 possession of the respondent, except as provided in 
19 subsection (b), shall be ordered by the court to be 
20 turned
over to the local law enforcement agency. The 
21 local law enforcement agency shall immediately mail 
22 the card to the Illinois State Police Firearm Owner's 
23 Identification Card Office
for safekeeping. The court 
24 shall
issue a warrant for seizure of any firearm in the 
25 possession of the respondent, to be kept by the local 
26 law enforcement agency for safekeeping, except as 
 
 
SB2136- 439 -LRB103 27172 RLC 53542 b


1 provided in subsection (b).
The period of safekeeping 
2 shall be for the duration of the order of protection. 
3 The firearm or firearms and Firearm Owner's 
4 Identification Card, if unexpired, shall at the 
5 respondent's request, be returned to the respondent at 
6 the end
of the order of protection. It is the 
7 respondent's responsibility to notify the Illinois 
8 State Police Firearm Owner's Identification Card 
9 Office. 

10   (b) If the respondent is a peace officer as 
11 defined in Section 2-13 of
the
Criminal Code of 2012, 
12 the court shall order that any firearms used by the

13 respondent in the performance of his or her duties as a

14 peace officer be surrendered to
the chief law 
15 enforcement executive of the agency in which the 
16 respondent is
employed, who shall retain the firearms 
17 for safekeeping for the duration of the order of 
18 protection.

19   (c) Upon expiration of the period of safekeeping, 
20 if the firearms or Firearm Owner's Identification Card 
21 cannot be returned to respondent because respondent 
22 cannot be located, fails to respond to requests to 
23 retrieve the firearms, or is not lawfully eligible to 
24 possess a firearm, upon petition from the local law 
25 enforcement agency, the court may order the local law 
26 enforcement agency to destroy the firearms, use the 
 
 
SB2136- 440 -LRB103 27172 RLC 53542 b


1 firearms for training purposes, or for any other 
2 application as deemed appropriate by the local law 
3 enforcement agency; or that the firearms be turned 
4 over to a third party who is lawfully eligible to 
5 possess firearms, and who does not reside with 
6 respondent. 
7  (15) Prohibition of access to records. If an order of 
8 protection
prohibits respondent from having contact with 
9 the minor child,
or if petitioner's address is omitted 
10 under subsection (b) of
Section 203, or if necessary to 
11 prevent abuse or wrongful removal or
concealment of a 
12 minor child, the order shall deny respondent access to, 
13 and
prohibit respondent from inspecting, obtaining, or 
14 attempting to
inspect or obtain, school or any other 
15 records of the minor child
who is in the care of 
16 petitioner.

17  (16) Order for payment of shelter services. Order 
18 respondent to
reimburse a shelter providing temporary 
19 housing and counseling services to
the petitioner for the 
20 cost of the services, as certified by the shelter
and 
21 deemed reasonable by the court.

22  (17) Order for injunctive relief. Enter injunctive 
23 relief necessary
or appropriate to prevent further abuse 
24 of a family or household member
or further abuse, neglect, 
25 or exploitation of a high-risk adult with
disabilities or 
26 to effectuate one of the granted remedies, if supported by 
 
 
SB2136- 441 -LRB103 27172 RLC 53542 b


1 the
balance of hardships. If the harm to be prevented by 
2 the injunction is abuse
or any other harm that one of the 
3 remedies listed in paragraphs (1) through
(16) of this 
4 subsection is designed to prevent, no further evidence is

5 necessary that the harm is an irreparable injury.

6  (18) Telephone services.
7   (A) Unless a condition described in subparagraph 
8 (B) of this paragraph exists, the court may, upon 
9 request by the petitioner, order a wireless telephone 
10 service provider to transfer to the petitioner the 
11 right to continue to use a telephone number or numbers 
12 indicated by the petitioner and the financial 
13 responsibility associated with the number or numbers, 
14 as set forth in subparagraph (C) of this paragraph. 
15 For purposes of this paragraph (18), the term 
16 "wireless telephone service provider" means a provider 
17 of commercial mobile service as defined in 47 U.S.C. 
18 332. The petitioner may request the transfer of each 
19 telephone number that the petitioner, or a minor child 
20 in his or her custody, uses. The clerk of the court 
21 shall serve the order on the wireless telephone 
22 service provider's agent for service of process 
23 provided to the Illinois Commerce Commission. The 
24 order shall contain all of the following:
25    (i) The name and billing telephone number of 
26 the account holder including the name of the 
 
 
SB2136- 442 -LRB103 27172 RLC 53542 b


1 wireless telephone service provider that serves 
2 the account.
3    (ii) Each telephone number that will be 
4 transferred.
5    (iii) A statement that the provider transfers 
6 to the petitioner all financial responsibility for 
7 and right to the use of any telephone number 
8 transferred under this paragraph.
9   (B) A wireless telephone service provider shall 
10 terminate the respondent's use of, and shall transfer 
11 to the petitioner use of, the telephone number or 
12 numbers indicated in subparagraph (A) of this 
13 paragraph unless it notifies the petitioner, within 72 
14 hours after it receives the order, that one of the 
15 following applies:
16    (i) The account holder named in the order has 
17 terminated the account.
18    (ii) A difference in network technology would 
19 prevent or impair the functionality of a device on 
20 a network if the transfer occurs.
21    (iii) The transfer would cause a geographic or 
22 other limitation on network or service provision 
23 to the petitioner.
24    (iv) Another technological or operational 
25 issue would prevent or impair the use of the 
26 telephone number if the transfer occurs.
 
 
SB2136- 443 -LRB103 27172 RLC 53542 b


1   (C) The petitioner assumes all financial 
2 responsibility for and right to the use of any 
3 telephone number transferred under this paragraph. In 
4 this paragraph, "financial responsibility" includes 
5 monthly service costs and costs associated with any 
6 mobile device associated with the number.
7   (D) A wireless telephone service provider may 
8 apply to the petitioner its routine and customary 
9 requirements for establishing an account or 
10 transferring a number, including requiring the 
11 petitioner to provide proof of identification, 
12 financial information, and customer preferences.

13   (E) Except for willful or wanton misconduct, a 
14 wireless telephone service provider is immune from 
15 civil liability for its actions taken in compliance 
16 with a court order issued under this paragraph.
17   (F) All wireless service providers that provide 
18 services to residential customers shall provide to the 
19 Illinois Commerce Commission the name and address of 
20 an agent for service of orders entered under this 
21 paragraph (18). Any change in status of the registered 
22 agent must be reported to the Illinois Commerce 
23 Commission within 30 days of such change. 
24   (G) The Illinois Commerce Commission shall 
25 maintain the list of registered agents for service for 
26 each wireless telephone service provider on the 
 
 
SB2136- 444 -LRB103 27172 RLC 53542 b


1 Commission's website. The Commission may consult with 
2 wireless telephone service providers and the Circuit 
3 Court Clerks on the manner in which this information 
4 is provided and displayed. 
5 (c) Relevant factors; findings.

6  (1) In determining whether to grant a specific remedy, 
7 other than
payment of support, the court shall consider

8 relevant factors, including but not limited to the 
9 following:

10   (i) the nature, frequency, severity, pattern and 
11 consequences of the
respondent's past abuse, neglect 
12 or exploitation of the petitioner or
any family or 
13 household member, including the concealment of his or 
14 her
location in order to evade service of process or 
15 notice, and the likelihood of
danger of future abuse, 
16 neglect, or exploitation to petitioner or any member 
17 of
petitioner's or respondent's family or household; 
18 and

19   (ii) the danger that any minor child will be 
20 abused or neglected or
improperly relocated from the 
21 jurisdiction, improperly concealed within the
State or 
22 improperly separated from the child's primary 
23 caretaker.

24  (2) In comparing relative hardships resulting to the 
25 parties from loss
of possession of the family home, the 
26 court shall consider relevant
factors, including but not 
 
 
SB2136- 445 -LRB103 27172 RLC 53542 b


1 limited to the following:

2   (i) availability, accessibility, cost, safety, 
3 adequacy, location and
other characteristics of 
4 alternate housing for each party and any minor child

5 or dependent adult in the party's care;

6   (ii) the effect on the party's employment; and

7   (iii) the effect on the relationship of the party, 
8 and any minor
child or dependent adult in the party's 
9 care, to family, school, church
and community.

10  (3) Subject to the exceptions set forth in paragraph 
11 (4) of this
subsection, the court shall make its findings 
12 in an official record or in
writing, and shall at a minimum 
13 set forth the following:

14   (i) That the court has considered the applicable 
15 relevant factors
described in paragraphs (1) and (2) 
16 of this subsection.

17   (ii) Whether the conduct or actions of respondent, 
18 unless
prohibited, will likely cause irreparable harm 
19 or continued abuse.

20   (iii) Whether it is necessary to grant the 
21 requested relief in order
to protect petitioner or 
22 other alleged abused persons.

23  (4) For purposes of issuing an ex parte emergency 
24 order of protection,
the court, as an alternative to or as 
25 a supplement to making the findings
described in 
26 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
 
 
SB2136- 446 -LRB103 27172 RLC 53542 b


1 subsection, may
use the following procedure:

2  When a verified petition for an emergency order of 
3 protection in
accordance with the requirements of Sections 
4 203 and 217 is
presented to the court, the court shall 
5 examine petitioner on oath or
affirmation. An emergency 
6 order of protection shall be issued by the court
if it 
7 appears from the contents of the petition and the 
8 examination of
petitioner that the averments are 
9 sufficient to indicate abuse by
respondent and to support 
10 the granting of relief under the issuance of the
emergency 
11 order of protection.

12  (5) Never married parties. No rights or 
13 responsibilities for a minor
child born outside of 
14 marriage attach to a putative father until a father and

15 child relationship has been established under the Illinois 
16 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
17 the Illinois Public Aid Code, Section 12 of the Vital 
18 Records Act, the
Juvenile Court Act of 1987, the Probate 
19 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
20 Support Act, the Uniform Interstate Family Support
Act, 
21 the Expedited Child Support Act of 1990, any judicial, 
22 administrative, or
other act of another state or 
23 territory, any other Illinois statute, or by any
foreign 
24 nation establishing the father and child relationship, any 
25 other
proceeding substantially in conformity with the 
26 Personal Responsibility and
Work Opportunity 
 
 
SB2136- 447 -LRB103 27172 RLC 53542 b


1 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
2 both
parties appeared in open court or at an 
3 administrative hearing acknowledging
under
oath or 
4 admitting by affirmation the existence of a father and 
5 child
relationship.
Absent such an adjudication, finding, 
6 or acknowledgment, no putative
father shall be granted

7 temporary allocation of parental responsibilities, 
8 including parenting time with the minor child, or
physical 
9 care and possession of the minor child, nor shall an order 
10 of payment
for support of the minor child be entered.

11 (d) Balance of hardships; findings. If the court finds 
12that the balance
of hardships does not support the granting of 
13a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
14subsection (b) of this Section,
which may require such 
15balancing, the court's findings shall so
indicate and shall 
16include a finding as to whether granting the remedy will

17result in hardship to respondent that would substantially 
18outweigh the hardship
to petitioner from denial of the remedy. 
19The findings shall be an official
record or in writing.

20 (e) Denial of remedies. Denial of any remedy shall not be 
21based, in
whole or in part, on evidence that:

22  (1) Respondent has cause for any use of force, unless 
23 that cause
satisfies the standards for justifiable use of 
24 force provided by Article
7 of the Criminal Code of 2012;

25  (2) Respondent was voluntarily intoxicated;

26  (3) Petitioner acted in self-defense or defense of 
 
 
SB2136- 448 -LRB103 27172 RLC 53542 b


1 another, provided
that, if petitioner utilized force, such 
2 force was justifiable under
Article 7 of the Criminal Code 
3 of 2012; 

4  (4) Petitioner did not act in self-defense or defense 
5 of another;

6  (5) Petitioner left the residence or household to 
7 avoid further abuse,
neglect, or exploitation by 
8 respondent;

9  (6) Petitioner did not leave the residence or 
10 household to avoid further
abuse, neglect, or exploitation 
11 by respondent;

12  (7) Conduct by any family or household member excused 
13 the abuse,
neglect, or exploitation by respondent, unless 
14 that same conduct would have
excused such abuse, neglect, 
15 or exploitation if the parties had not been
family or 
16 household members.

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


18 Section 110. The Uniform Disposition of Unclaimed Property 
19Act is amended by changing Section 1 as follows:




20 (765 ILCS 1025/1) (from Ch. 141, par. 101)



21 Sec. 1. As used in this Act, unless the context otherwise 
22requires: 

23 (a) "Banking organization" means any bank, trust company, 
24savings bank,
industrial bank, land bank, safe deposit 
 
 
SB2136- 449 -LRB103 27172 RLC 53542 b


1company, or a private banker.

2 (b) "Business association" means any corporation, joint 
3stock company,
business trust, partnership, or any

4association, limited liability company, or other business 
5entity consisting
of one or more persons, whether or not for 
6profit.

7 (c) "Financial organization" means any savings and loan 
8association,
building and loan association, credit union, 
9currency exchange,
co-operative bank, mutual funds, or 
10investment company.

11 (d) "Holder" means any person in possession of property 
12subject to this
Act belonging to another, or who is trustee in 
13case of a trust, or is
indebted to another on an obligation 
14subject to this Act.

15 (e) "Life insurance corporation" means any association or 
16corporation
transacting the business of insurance on the lives 
17of
persons or insurance appertaining thereto, including, but 
18not by way of
limitation, endowments and annuities.

19 (f) "Owner" means a depositor in case of a deposit, a 
20beneficiary in
case of a trust, a creditor, claimant, or payee 
21in case of other property, or any person having a legal or 
22equitable interest in property
subject to this Act, or his 
23legal representative.

24 (g) "Person" means any individual, business association, 
25financial
organization, government or
political subdivision or 
26agency, public authority,
estate, trust, or any other legal or

 
 
SB2136- 450 -LRB103 27172 RLC 53542 b


1commercial entity.

2 (h) "Utility" means any person who owns or operates,
for 
3public use, any plant, equipment, property, franchise, or 
4license for
the transmission of communications or the 
5production, storage,
transmission, sale, delivery, or 
6furnishing of electricity, water,
steam, oil or gas.

7 (i) (Blank).

8 (j) "Insurance company" means any person transacting the 
9kinds of
business enumerated in Section 4 of the Illinois 
10Insurance Code other than
life insurance.

11 (k) "Economic loss", as used in Sections 2a and 9 of this 
12Act includes,
but is not limited to,
delivery charges, 
13mark-downs and write-offs, carrying
costs, restocking charges, 
14lay-aways, special orders, issuance of credit memos,
and the 
15costs of special services or goods
provided that reduce the 
16property value or that result in lost sales
opportunity.

17 (l) "Reportable property" means property, tangible or 
18intangible, presumed
abandoned under this Act that must be 
19appropriately and timely reported and
remitted to the Office 
20of the State Treasurer under this
Act. Interest, dividends, 
21stock splits,
warrants, or other rights that become reportable 
22property under this Act
include the underlying security or 
23commodity giving rise to the interest,
dividend, split, 
24warrant, or other right to which the owner would be entitled.

25 (m) "Firearm" has the meaning ascribed to that term in 
26Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

 
 
SB2136- 451 -LRB103 27172 RLC 53542 b


1Identification Card Act.

2(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 
391-748, eff. 6-2-00.)



4 Section 115. The Revised Uniform Unclaimed Property Act is 
5amended by changing Section 15-705 as follows:

6 (765 ILCS 1026/15-705)

7 Sec. 15-705. Exceptions to the sale of tangible property. 
8The administrator shall dispose of tangible property 
9identified by this Section in accordance with this Section.
10 (a) Military medals or decorations. The administrator may 
11not sell a medal or decoration awarded for military service in 
12the armed forces of the United States. Instead, the 
13administrator, with the consent of the respective organization 
14under paragraph (1), agency under paragraph (2), or entity 
15under paragraph (3), may deliver a medal or decoration to be 
16held in custody for the owner, to:
17  (1) a military veterans organization qualified under 
18 Section 501(c)(19) of the Internal Revenue Code;
19  (2) the agency that awarded the medal or decoration; 
20 or
21  (3) a governmental entity.
22 After delivery, the administrator is not responsible for 
23the safekeeping of the medal or decoration.
24 (b) Property with historical value. Property that the 
 
 
SB2136- 452 -LRB103 27172 RLC 53542 b


1administrator reasonably believes may have historical value 
2may be, at his or her discretion, loaned to an accredited 
3museum in the United States where it will be kept until such 
4time as the administrator orders it to be returned to his or 
5her custody.
6 (c) Human remains. If human remains are delivered to the 
7administrator under this Act, the administrator shall deliver 
8those human remains to the coroner of the county in which the 
9human remains were abandoned for disposition under Section 
103-3034 of the Counties Code. The only human remains that may be 
11delivered to the administrator under this Act and that the 
12administrator may receive are those that are reported and 
13delivered as contents of a safe deposit box.
14 (d) Evidence in a criminal investigation. Property that 
15may have been used in the commission of a crime or that may 
16assist in the investigation of a crime, as determined after 
17consulting with the Illinois State Police, shall be delivered 
18to the Illinois State Police or other appropriate law 
19enforcement authority to allow law enforcement to determine 
20whether a criminal investigation should take place. Any such 
21property delivered to a law enforcement authority shall be 
22held in accordance with existing statutes and rules related to 
23the gathering, retention, and release of evidence.
24 (e) Firearms.
25  (1) The administrator, in cooperation with the 
26 Illinois State Police, shall develop a procedure to 
 
 
SB2136- 453 -LRB103 27172 RLC 53542 b


1 determine whether a firearm delivered to the administrator 
2 under this Act has been stolen or used in the commission of 
3 a crime. The Illinois State Police shall determine the 
4 appropriate disposition of a firearm that has been stolen 
5 or used in the commission of a crime. The administrator 
6 shall attempt to return a firearm that has not been stolen 
7 or used in the commission of a crime to the rightful owner 
8 if the Illinois State Police determines that the owner may 
9 lawfully possess the firearm.
10  (2) If the administrator is unable to return a firearm 
11 to its owner, the administrator shall transfer custody of 
12 the firearm to the Illinois State Police. Legal title to a 
13 firearm transferred to the Illinois State Police under 
14 this subsection (e) is vested in the Illinois State Police 
15 by operation of law if:
16   (i) the administrator cannot locate the owner of 
17 the firearm;
18   (ii) the owner of the firearm may not lawfully 
19 possess the firearm;
20   (iii) the apparent owner does not respond to 
21 notice published under Section 15-503 of this Act; or
22   (iv) the apparent owner responds to notice 
23 published under Section 15-502 and states that he or 
24 she no longer claims an interest in the firearm.
25  (3) With respect to a firearm whose title is 
26 transferred to the Illinois State Police under this 
 
 
SB2136- 454 -LRB103 27172 RLC 53542 b


1 subsection (e), the Illinois State Police may:
2   (i) retain the firearm for use by the crime 
3 laboratory system, for training purposes, or for any 
4 other application as deemed appropriate by the 
5 Department;
6   (ii) transfer the firearm to the Illinois State 
7 Museum if the firearm has historical value; or
8   (iii) destroy the firearm if it is not retained 
9 pursuant to subparagraph (i) or transferred pursuant 
10 to subparagraph (ii).
11 As used in this subsection, "firearm" has the meaning 
12provided in Section 2-7.5 of the Criminal Code of 2012 the 
13Firearm Owners Identification Card Act.

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

15 Section 195. No acceleration or delay. Where this Act 
16makes changes in a statute that is represented in this Act by 
17text that is not yet or no longer in effect (for example, a 
18Section represented by multiple versions), the use of that 
19text does not accelerate or delay the taking effect of (i) the 
20changes made by this Act or (ii) provisions derived from any 
21other Public Act.

22 Section 999. Effective date. This Act takes effect January 
231, 2024.

                          
 
 
SB2136- 455 -LRB103 27172 RLC 53542 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
                    
 
 
SB2136- 456 -LRB103 27172 RLC 53542 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
                       
 
 
SB2136- 457 -LRB103 27172 RLC 53542 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
 
 
SB2136- 458 -LRB103 27172 RLC 53542 b