103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1270
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



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



LRB103 04864 RLC 49874 b


 
 
A BILL FOR
 


HB1270LRB103 04864 RLC 49874 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 2. 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 are exempted from disclosure under 
14 Section 10 of the Firearm Owners Identification Card Act 
15 before the effective date of this amendatory Act of the 
16 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) (Blank). Records exempt from disclosure under 
6 Section
2605-304 of the Illinois State Police Law of the 
7 Civil
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) (fff) Information prohibited from disclosure 
19 under paragraph (3) of subsection (a) of Section 14 of the 
20 Nurse Agency Licensing Act. 
21(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
22101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
231-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
24eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
25101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
261-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
 
 
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1eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
2102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
37-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)

4 Section 5.5. The Illinois TRUST Act is amended by changing 
5Section 15 as follows:

6 (5 ILCS 805/15)

7 Sec. 15. Prohibition on enforcing federal civil 
8immigration laws. 

9 (a) A law enforcement agency or law enforcement official 
10shall not detain or continue to detain any individual solely 
11on the basis of any immigration detainer or civil immigration 
12warrant or otherwise comply with an immigration detainer or 
13civil immigration warrant.
14 (b) A law enforcement agency or law enforcement official 
15shall not stop, arrest, search, detain, or continue to detain 
16a person solely based on an individual's citizenship or 
17immigration status.
18 (c) (Blank).
19 (d) A law enforcement agency or law enforcement official 
20acting in good faith in compliance with this Section who 
21releases a person subject to an immigration detainer or civil 
22immigration warrant shall have immunity from any civil or 
23criminal liability that might otherwise occur as a result of 
24making the release, with the exception of willful or wanton 
 
 
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1misconduct.

2 (e) A law enforcement agency or law enforcement official 
3may not inquire about or investigate the citizenship or 
4immigration status or place of birth of any individual in the 
5agency or official's custody or who has otherwise been stopped 
6or detained by the agency or official. Nothing in this 
7subsection shall be construed to limit the ability of a law 
8enforcement agency or law enforcement official, pursuant to 
9State or federal law, to notify a person in the law enforcement 
10agency's custody about that person's right to communicate with 
11consular officers from that person's country of nationality, 
12or facilitate such communication, in accordance with the 
13Vienna Convention on Consular Relations or other bilateral 
14agreements. Nothing in this subsection shall be construed to 
15limit the ability of a law enforcement agency or law 
16enforcement official to request evidence of citizenship or 
17immigration status pursuant to the Firearm Owners 
18Identification Card Act, the Firearm Concealed Carry Act, 
19Article 24 of the Criminal Code of 2012, or 18 United States 
20Code Sections 921 through 931.
21 (f) Unless otherwise limited by federal law, a law 
22enforcement agency or law enforcement official may not deny 
23services, benefits, privileges, or opportunities to an 
24individual in custody or under probation status, including, 
25but not limited to, eligibility for or placement in a lower 
26custody classification, educational, rehabilitative, or 
 
 
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1diversionary programs, on the basis of the individual's 
2citizenship or immigration status, the issuance of an 
3immigration detainer or civil immigration warrant against the 
4individual, or the individual being in immigration removal 
5proceedings.
6 (g)(1) No law enforcement agency, law enforcement 
7official, or any unit of State or local government may enter 
8into or renew any contract, intergovernmental service 
9agreement, or any other agreement to house or detain 
10individuals for federal civil immigration violations.
11 (2) Any law enforcement agency, law enforcement official, 
12or unit of State or local government with an existing 
13contract, intergovernmental agreement, or other agreement, 
14whether in whole or in part, that is utilized to house or 
15detain individuals for civil immigration violations shall 
16exercise the termination provision in the agreement as applied 
17to housing or detaining individuals for civil immigration 
18violations no later than January 1, 2022.
19 (h) Unless presented with a federal criminal warrant, or 
20otherwise required by federal law, a law enforcement agency or 
21official may not:
22  (1) participate, support, or assist in any capacity 
23 with an immigration agent's enforcement
operations, 
24 including any collateral assistance such as coordinating 
25 an arrest in a courthouse or other public facility, 
26 providing use of any equipment, transporting any 
 
 
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1 individuals, or establishing a security or traffic 
2 perimeter surrounding such operations, or any other 
3 on-site support;
4  (2) give any immigration agent access, including by 
5 telephone, to any individual who is in that agency's 
6 custody;
7  (3) transfer any person into an immigration agent's 
8 custody;
9  (4) permit immigration agents use of agency facilities 
10 or equipment, including any agency electronic databases 
11 not available to the public, for investigative interviews 
12 or other investigative or immigration enforcement purpose;
13  (5) enter into or maintain any agreement regarding 
14 direct access to any electronic database or other 
15 data-sharing platform maintained by any law enforcement 
16 agency, or otherwise provide such direct access to the 
17 U.S. Immigration and Customs Enforcement, United States 
18 Customs and Border Protection or any other federal entity 
19 enforcing civil immigration violations;
20  (6) provide information in response to any immigration 
21 agent's inquiry or request for information regarding any 
22 individual in the agency's custody; or
23  (7) provide to any immigration agent information not 
24 otherwise available to the public relating to an 
25 individual's release or contact information, or otherwise 
26 facilitate for an immigration agent to apprehend or 
 
 
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1 question an individual for immigration enforcement.
2 (i) Nothing in this Section shall preclude a law 
3enforcement official from otherwise executing that official's 
4duties in investigating violations of criminal law and 
5cooperating in such investigations with federal and other law 
6enforcement agencies (including criminal investigations 
7conducted by federal Homeland Security Investigations (HSI)) 
8in order to ensure public safety. 
9(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)

10 Section 6. The Gun Trafficking Information Act is amended 
11by changing Section 10-5 as follows:

12 (5 ILCS 830/10-5)

13 Sec. 10-5. Gun trafficking information.

14 (a) The Illinois State Police shall use all reasonable 
15efforts in making publicly available, on a regular and ongoing

16basis, key information related to firearms used in the

17commission of crimes in this State, including, but not limited

18to: reports on crimes committed with firearms, locations where

19the crimes occurred, the number of persons killed or injured 
20in
the commission of the crimes, the state where the firearms 
21used
originated, the Federal Firearms Licensee that sold the 
22firearm, the type of firearms used, annual statistical 
23information concerning Firearm Owner's Identification Card and 
24concealed carry license applications, revocations, and 
 
 
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1compliance with Section 9.5 of the Firearm Owners 
2Identification Card Act, firearm restraining order 
3dispositions, and firearm dealer license certification 
4inspections. The Illinois State Police
shall make the 
5information available on its
website, which may be presented 
6in a dashboard format, in addition to electronically filing a 
7report with the
Governor and the General Assembly. The report 
8to the General
Assembly shall be filed with the Clerk of the 
9House of
Representatives and the Secretary of the Senate in 
10electronic
form only, in the manner that the Clerk and the 
11Secretary shall
direct.

12 (b) The Illinois State Police shall study, on a regular 
13and ongoing basis, and compile reports on the number of NICS 
14Firearm Owner's Identification Card checks to determine 
15firearms trafficking or straw purchase patterns. The Illinois 
16State Police shall, to the extent not inconsistent with law, 
17share such reports and underlying data with academic centers, 
18foundations, and law enforcement agencies studying firearms 
19trafficking, provided that personally identifying information 
20is protected. For purposes of this subsection (b), a Firearm 
21Owner's Identification Card number is not personally 
22identifying information, provided that no other personal 
23information of the card holder is attached to the record. The 
24Illinois State Police may create and attach an alternate 
25unique identifying number to each Firearm Owner's 
26Identification Card number, instead of releasing the Firearm 
 
 
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1Owner's Identification Card number itself.
2 (c) Each department, office, division, and agency of this

3State shall, to the extent not inconsistent with law, 
4cooperate
fully with the Illinois State Police and furnish the

5Illinois State Police with all relevant information and 
6assistance on a
timely basis as is necessary to accomplish the 
7purpose of this
Act. The Illinois Criminal Justice Information 
8Authority shall submit the information required in subsection 
9(a) of this Section to the Illinois State Police, and any other 
10information as the Illinois State Police may request, to 
11assist the Illinois State Police in carrying out its duties 
12under this Act.

13(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
14102-813, eff. 5-13-22.)

15 Section 6.5. The First Responders Suicide Prevention Act 
16is amended by changing Section 40 as follows:

17 (5 ILCS 840/40)
18 Sec. 40. Task Force recommendations.
19 (a) Task Force members shall recommend that agencies and 
20organizations guarantee access to mental health and wellness 
21services, including, but not limited to, peer support programs 
22and providing ongoing education related to the ever-evolving 
23concept of mental health wellness. These recommendations could 
24be accomplished by:
 
 
HB1270- 26 -LRB103 04864 RLC 49874 b


1  (1) Revising agencies' and organizations' employee 
2 assistance programs (EAPs).
3  (2) Urging health care providers to replace outdated 
4 healthcare plans and include more progressive options 
5 catering to the needs and disproportionate risks 
6 shouldered by our first responders.
7  (3) Allocating funding or resources for public service 
8 announcements (PSA) and messaging campaigns aimed at 
9 raising awareness of available assistance options.
10  (4) Encouraging agencies and organizations to attach 
11 lists of all available resources to training manuals and 
12 continuing education requirements. 
13 (b) Task Force members shall recommend agencies and 
14organizations sponsor or facilitate first responders with 
15specialized training in the areas of psychological fitness, 
16depressive disorders, early detection, and mitigation best 
17practices. Such trainings could be accomplished by:
18  (1) Assigning, appointing, or designating one member 
19 of an agency or organization to attend specialized 
20 training(s) sponsored by an accredited agency, 
21 association, or organization recognized in their fields of 
22 study.
23  (2) Seeking sponsorships or conducting fund-raisers, 
24 to host annual or semiannual on-site visits from qualified 
25 clinicians or physicians to provide early detection 
26 training techniques, or to provide regular access to 
 
 
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1 mental health professionals.
2  (3) Requiring a minimum number of hours of disorders 
3 and wellness training be incorporated into reoccurring, 
4 annual or biannual training standards, examinations, and 
5 curriculums, taking into close consideration respective 
6 agency or organization size, frequency, and number of all 
7 current federal and state mandatory examinations and 
8 trainings expected respectively.
9  (4) Not underestimating the crucial importance of a 
10 balanced diet, sleep, mindfulness-based stress reduction 
11 techniques, moderate and vigorous intensity activities, 
12 and recreational hobbies, which have been scientifically 
13 proven to play a major role in brain health and mental 
14 wellness. 
15 (c) Task Force members shall recommend that administrators 
16and leadership personnel solicit training services from 
17evidence-based, data driven organizations. Organizations with 
18personnel trained on the analytical review and interpretation 
19of specific fields related to the nature of first responders' 
20exploits, such as PTSD, substance abuse, chronic state of 
21duress. Task Force members shall further recommend funding for 
22expansion and messaging campaigns of preliminary 
23self-diagnosing technologies like the one described above. 
24These objectives could be met by:
25  (1) Contacting an accredited agency, association, or 
26 organization recognized in the field or fields of specific 
 
 
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1 study. Unbeknownst to the majority, many of the agencies 
2 and organizations listed above receive grants and 
3 allocations to assist communities with the very issues 
4 being discussed in this Section.
5  (2) Normalizing help-seeking behaviors for both first 
6 responders and their families through regular messaging 
7 and peer support outreach, beginning with academy 
8 curricula and continuing education throughout individuals' 
9 careers.
10  (3) Funding and implementing PSA campaigns that 
11 provide clear and concise calls to action about mental 
12 health and wellness, resiliency, help-seeking, treatment, 
13 and recovery.
14  (4) Promoting and raising awareness of not-for-profit 
15 non-for-profit organizations currently available to assist 
16 individuals in search of care and treatment. Organizations 
17 have intuitive user-friendly sites, most of which have 
18 mobile applications, so first responders can access at a 
19 moment's notice. However, because of limited funds, these 
20 organizations have a challenging time of getting the word 
21 out there about their existence.
22  (5) Expanding Family and Medical Leave Act protections 
23 for individuals voluntarily seeking preventative 
24 treatment.
25  (6) Promoting and ensuring complete patient 
26 confidentiality protections. 
 
 
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1 (d) Task Force members shall recommend that agencies and 
2organizations incorporate the following training components 
3into already existing modules and educational curriculums. 
4Doing so could be done by:
5  (1) Bolstering academy and school curricula by 
6 requiring depressive disorder training catered to PTSD, 
7 substance abuse, and early detection techniques training, 
8 taking into close consideration respective agency or 
9 organization size, and the frequency and number of all 
10 current federal and state mandatory examinations and 
11 trainings expected respectively.
12  (2) Continuing to allocate or match federal and state 
13 funds to maintain Mobile Mobil Training Units (MTUs). 
14  (3) Incorporating a state certificate for peer support 
15 training into already exiting statewide curriculums and 
16 mandatory examinations, annual State Fire Marshal 
17 examinations, and physical fitness examinations. The 
18 subject matter of the certificate should have an emphasis 
19 on mental health and wellness, as well as familiarization 
20 with topics ranging from clinical social work, clinical 
21 psychology, clinical behaviorist, and clinical psychiatry.
22  (4) Incorporating and performing statewide mental 
23 health check-ins during the same times as already mandated 
24 trainings. These checks are not to be compared or used as 
25 measures of fitness for duty evaluations or structured 
26 psychological examinations.
 
 
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1  (5) Recommending comprehensive and evidence-based 
2 training on the importance of preventative measures on the 
3 topics of sleep, nutrition, mindfulness, and physical 
4 movement.
5  (6) (Blank). Law enforcement agencies should provide 
6 training on the Firearm Owner's Identification Card Act, 
7 including seeking relief from the Illinois State Police 
8 under Section 10 of the Firearm Owners Identification Card 
9 Act and a FOID card being a continued condition of 
10 employment under Section 7.2 of the Uniform Peace 
11 Officers' Disciplinary Act. 

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

13 Section 7. The Department of Natural Resources 
14(Conservation) Law of the
Civil Administrative Code of 
15Illinois is amended by changing Section 805-538 as follows:

16 (20 ILCS 805/805-538)
17 Sec. 805-538. Retiring officer; purchase of service 
18firearm and police badge. The Director of Natural Resources 
19shall establish a program to allow a Conservation Police 
20Officer who is honorably retiring in good standing to purchase 
21either one or both of the following: (1) any Department of 
22Natural Resources police badge previously issued to that 
23officer; or (2) if the officer has a currently valid Firearm 
24Owner's Identification Card, the service firearm issued or 
 
 
HB1270- 31 -LRB103 04864 RLC 49874 b


1previously issued to the officer by the Department of Natural 
2Resources. The cost of the firearm shall be the replacement 
3value of the firearm and not the firearm's fair market value.

4(Source: P.A. 100-931, eff. 8-17-18.)

5 Section 8. The Department of Revenue Law of the
Civil 
6Administrative Code of Illinois is amended by changing Section 
72505-306 as follows:

8 (20 ILCS 2505/2505-306)
9 Sec. 2505-306. Retiring investigators; purchase of service 
10firearm and badge. The Director shall establish a program to 
11allow a Department investigator who is honorably retiring in 
12good standing to purchase either one or both of the following: 
13(1) any badge previously issued to the investigator by the 
14Department; or (2) if the investigator has a currently valid 
15Firearm Owner's Identification Card, the service firearm 
16issued or previously issued to the investigator by the 
17Department. The cost of the firearm shall be the replacement 
18value of the firearm and not the firearm's fair market value.

19(Source: P.A. 102-719, eff. 5-6-22.)

20 Section 10. The Department of State Police Law of the

21Civil Administrative Code of Illinois is amended by changing 
22Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as 
23follows:





 
 
HB1270- 32 -LRB103 04864 RLC 49874 b


1 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)



2 Sec. 2605-10. Powers and duties, generally. 
3 (a) The Illinois State Police shall exercise the rights, 
4powers, and duties that have been vested in the Illinois State 
5Police by the following:
6 The Illinois State Police Act.
7 The Illinois State Police Radio Act.
8 The Criminal Identification Act.
9 The Illinois Vehicle Code.
10 The Firearm Owners Identification Card Act.
11 The Firearm Concealed Carry Act.
12 The Gun Dealer Licensing Act.
13 The Intergovernmental Missing Child Recovery Act of 1984.
14 The Intergovernmental Drug Laws Enforcement Act.
15 The Narcotic Control Division Abolition Act.
16 (b) The Illinois State Police shall have the
powers and 
17duties set forth in the following Sections.

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




19 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



20 Sec. 2605-45. Division of Justice Services. The Division 
21of
Justice Services shall exercise the
following functions:

22  (1) Operate and maintain the Law Enforcement Agencies 
23 Data System (LEADS), a statewide, computerized 
24 telecommunications system designed to provide services, 
 
 
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1 information, and capabilities to the law enforcement and 
2 criminal justice community in the State of Illinois. The 
3 Director is responsible for establishing policy, 
4 procedures, and regulations consistent with State and 
5 federal rules, policies, and law by which LEADS operates. 
6 The Director shall designate a statewide LEADS 
7 Administrator for management of the system. The Director 
8 may appoint a LEADS Advisory Policy Board to reflect the 
9 needs and desires of the law enforcement and criminal 
10 justice community and to make recommendations concerning 
11 policies and procedures.

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

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

17  (4) Operate an electronic data processing and computer 
18 center
for the
storage and retrieval of data pertaining to 
19 criminal activity.

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

21 the Illinois State Police by the Cannabis Regulation and 
22 Tax Act and the Compassionate Use of Medical Cannabis 
23 Program Act.

24  (6) (Blank).

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

3  (7) Exercise other duties that may be assigned
by the 
4 Director to
fulfill the responsibilities and achieve the 
5 purposes of the Illinois State Police.

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





15 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)



16 Sec. 2605-200. Investigations of crime; enforcement of 
17laws; records; crime laboratories; personnel. 

18 (a) To do the following:


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


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

3 distributing, or use of controlled substances and 
4 cannabis.


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

9 violations of the criminal laws of the State.


10  (4) Cooperate with the
police of cities, villages, and 
11 incorporated towns and with the police
officers of any 
12 county in enforcing the laws of the State and in making

13 arrests and recovering property.


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

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

17 justice and is found
in this State.


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

19  (7) Be a central repository and custodian of criminal 
20 statistics for the State.
21  (8) Be a central repository for criminal history 
22 record information.
23  (9) Procure and file for record information that is 
24 necessary and helpful to plan programs of crime 
25 prevention, law enforcement, and criminal justice.
26  (10) Procure and file for record copies of 
 
 
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1 fingerprints that may be required by law.
2  (11) Establish general and field crime laboratories.
3  (12) Register and file for record information that may 
4 be required by law for the issuance of firearm owner's 
5 identification cards under the Firearm Owners 
6 Identification Card Act and concealed carry licenses under 
7 the Firearm Concealed Carry Act.
8  (13) Employ laboratory technicians and other specially 
9 qualified persons to aid in the identification of criminal 
10 activity and the identification, collection, and recovery 
11 of cyber forensics, including but not limited to digital 
12 evidence, and may employ polygraph operators.
13  (14) Undertake other identification, information, 
14 laboratory, statistical, or registration activities that 
15 may be required by law.
16 (b) Persons exercising the powers set forth in
subsection 
17(a) within the Illinois State Police
are conservators of the 
18peace and as such have all the powers possessed
by policemen in 
19cities and sheriffs, except that they may exercise those

20powers anywhere in the State in cooperation with and after 
21contact with
the local law enforcement officials. Those 
22persons may use false
or
fictitious names in the performance 
23of their duties under this Section,
upon approval of the 
24Director, and shall not be subject to prosecution
under the 
25criminal laws for that use.

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


 
 
HB1270- 37 -LRB103 04864 RLC 49874 b


1 (20 ILCS 2605/2605-595)
2 Sec. 2605-595. State Police Firearm Services Fund.
3 (a) There is created in the State treasury a special fund 
4known as the State Police Firearm Services Fund. The Fund 
5shall receive revenue under the Firearm Concealed Carry Act 
6and , the Firearm Dealer License Certification Act, and 
7Section 5 of the Firearm Owners Identification Card Act. The 
8Fund may also receive revenue from grants, pass-through 
9grants, donations, appropriations, and any other legal source.
10 (a-5) Notwithstanding any other provision of law to the 
11contrary, and in addition to any other transfers that may be 
12provided by law, on the effective date of this amendatory Act 
13of the 102nd General Assembly, or as soon thereafter as 
14practical, the State Comptroller shall direct and the State 
15Treasurer shall transfer the remaining balance from the 
16Firearm Dealer License Certification Fund into the State 
17Police Firearm Services Fund. Upon completion of the transfer, 
18the Firearm Dealer License Certification Fund is dissolved, 
19and any future deposits due to that Fund and any outstanding 
20obligations or liabilities of that Fund shall pass to the 
21State Police Firearm Services Fund. 
22 (b) The Illinois State Police may use moneys in the Fund to 
23finance any of its lawful purposes, mandates, functions, and 
24duties under the Firearm Owners Identification Card Act, the 
25Firearm Dealer License Certification Act, and the Firearm 
 
 
HB1270- 38 -LRB103 04864 RLC 49874 b


1Concealed Carry Act, including the cost of sending notices of 
2expiration of Firearm Owner's Identification Cards, concealed 
3carry licenses, the prompt and efficient processing of 
4applications under the Firearm Owners Identification Card Act 
5and the Firearm Concealed Carry Act, the improved efficiency 
6and reporting of the LEADS and federal NICS law enforcement 
7data systems, and support for investigations required under 
8these Acts and law. Any surplus funds beyond what is needed to 
9comply with the aforementioned purposes shall be used by the 
10Illinois State Police to improve the Law Enforcement Agencies 
11Data System (LEADS) and criminal history background check 
12system. 
13 (c) Investment income that is attributable to the 
14investment of moneys in the Fund shall be retained in the Fund 
15for the uses specified in this Section. 

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

17 (20 ILCS 2605/2605-605)
18 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
19Director of the Illinois State Police shall establish a 
20statewide multi-jurisdictional Violent Crime Intelligence Task 
21Force led by the Illinois State Police dedicated to combating 
22gun violence, gun-trafficking, and other violent crime with 
23the primary mission of preservation of life and reducing the 
24occurrence and the fear of crime. The objectives of the Task 
25Force shall include, but not be limited to, reducing and 
 
 
HB1270- 39 -LRB103 04864 RLC 49874 b


1preventing illegal possession and use of firearms, 
2firearm-related homicides, and other violent crimes, and 
3solving firearm-related crimes. 
4 (1) The Task Force may develop and acquire information, 
5training, tools, and resources necessary to implement a 
6data-driven approach to policing, with an emphasis on 
7intelligence development.
8 (2) The Task Force may utilize information sharing, 
9partnerships, crime analysis, and evidence-based practices to 
10assist in the reduction of firearm-related shootings, 
11homicides, and gun-trafficking, including, but not limited to, 
12ballistic data, eTrace data, DNA evidence, latent 
13fingerprints, firearm training data, and National Integrated 
14Ballistic Information Network (NIBIN) data. The Task Force may 
15design a model crime gun intelligence strategy which may 
16include, but is not limited to, comprehensive collection and 
17documentation of all ballistic evidence, timely transfer of 
18NIBIN and eTrace leads to an intelligence center, which may 
19include the Division of Criminal Investigation of the Illinois 
20State Police, timely dissemination of intelligence to 
21investigators, investigative follow-up, and coordinated 
22prosecution.
23 (3) The Task Force may recognize and utilize best 
24practices of community policing and may develop potential 
25partnerships with faith-based and community organizations to 
26achieve its goals.
 
 
HB1270- 40 -LRB103 04864 RLC 49874 b


1 (4) The Task Force may identify and utilize best practices 
2in drug-diversion programs and other community-based services 
3to redirect low-level offenders.
4 (5) The Task Force may assist in violence suppression 
5strategies including, but not limited to, details in 
6identified locations that have shown to be the most prone to 
7gun violence and violent crime, focused deterrence against 
8violent gangs and groups considered responsible for the 
9violence in communities, and other intelligence driven methods 
10deemed necessary to interrupt cycles of violence or prevent 
11retaliation.
12 (6) In consultation with the Chief Procurement Officer, 
13the Illinois State Police may obtain contracts for software, 
14commodities, resources, and equipment to assist the Task Force 
15with achieving this Act. Any contracts necessary to support 
16the delivery of necessary software, commodities, resources, 
17and equipment are not subject to the Illinois Procurement 
18Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
19Article 50 of that Code, provided that the Chief Procurement 
20Officer may, in writing with justification, waive any 
21certification required under Article 50 of the Illinois 
22Procurement Code.
23 (7) (Blank). The Task Force shall conduct enforcement 
24operations
against persons whose Firearm Owner's 
25Identification Cards
have been revoked or suspended and 
26persons who fail to comply
with the requirements of Section 
 
 
HB1270- 41 -LRB103 04864 RLC 49874 b


19.5 of the Firearm Owners
Identification Card Act, 
2prioritizing individuals presenting a
clear and present danger 
3to themselves or to others under
paragraph (2) of subsection 
4(d) of Section 8.1 of the Firearm
Owners Identification Card 
5Act.
6 (8) The Task Force shall collaborate with local law

7enforcement agencies to enforce provisions of the Firearm

8Owners Identification Card Act, the Firearm Concealed Carry

9Act, the Firearm Dealer License Certification Act, and Article

1024 of the Criminal Code of 2012.
11 (9) To implement this Section, the Director of the

12Illinois State Police may establish intergovernmental

13agreements with law enforcement agencies in accordance with 
14the
Intergovernmental Cooperation Act.
15 (10) Law enforcement agencies that participate in

16activities described in paragraphs (7) through (9) may apply

17to the Illinois State Police for grants from the State Police

18Revocation Enforcement Fund. 

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


21 (20 ILCS 2605/2605-304 rep.)
22 (20 ILCS 2605/2605-610 rep.)
23 Section 11. The Illinois State Police Law of the
Civil 
24Administrative Code of Illinois is amended by repealing 
25Sections 2605-304 and 2605-610.

 
 
HB1270- 42 -LRB103 04864 RLC 49874 b


1 Section 16. The State Police Act is amended by changing 
2Section 17b as follows:

3 (20 ILCS 2610/17b)
4 Sec. 17b. Retiring officer; purchase of service firearm 
5and police badge. The Director of the Illinois State Police 
6shall establish a policy to allow a State Police officer who is 
7honorably retiring or separating in good standing to purchase 
8either one or both of the following: (i) any State Police badge 
9previously issued to that officer; or (ii) if the officer has a 
10currently valid Firearm Owner's Identification Card, the 
11service firearm issued or previously issued to the officer by 
12the Illinois State Police. The cost of the firearm purchased 
13shall be the replacement value of the firearm and not the 
14firearm's fair market value.

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

16 Section 20. The Criminal Identification Act is amended by 
17changing Section 2.2 as follows:

18 (20 ILCS 2630/2.2)
19 Sec. 2.2. Notification to the Illinois State Police. Upon 
20judgment of conviction of a violation of Section 12-1, 12-2, 
2112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
22the Criminal Code of 2012 when the
defendant has been 
 
 
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1determined, pursuant to Section 112A-11.1 of the Code of 
2Criminal Procedure of 1963,
to be subject to the prohibitions 
3of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include 
4notification and a copy of the written determination in a 
5report
of the conviction to the Illinois State Police Firearm 
6Owner's Identification Card Office to
enable the Illinois 
7State Police office to perform its duties under the Firearm 
8Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
9Identification Card Act and to report that determination to 
10the Federal Bureau
of Investigation to assist the Federal 
11Bureau of Investigation in identifying persons prohibited
from 
12purchasing and possessing a firearm pursuant to the provisions 
13of
18 U.S.C. 922. The written determination described in this 
14Section shall be included in the defendant's record of arrest 
15and conviction in the manner and form prescribed by the 
16Illinois State Police. 

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

18 Section 20.5. The Peace Officer Fire Investigation Act is 
19amended by changing Section 1 as follows:



20 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)


21 (Text of Section before amendment by P.A. 102-982)

22 Sec. 1. Peace officer status. 

23 (a) Any person who is a sworn member of any
organized and 
24paid fire department of a political subdivision of this State

 
 
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1and is authorized to investigate fires or explosions for such 
2political
subdivision and
to determine the cause, origin and 
3circumstances of fires or explosions
that are suspected to be 
4arson or arson-related crimes, may be classified
as a peace 
5officer by the political subdivision or agency employing such

6person. A person so classified shall possess the same powers 
7of arrest,
search and seizure and the securing and service of 
8warrants as sheriffs
of counties, and police officers within 
9the jurisdiction of their political
subdivision. While in the 
10actual investigation and matters incident thereto,
such person 
11may carry weapons as may be necessary, but only if that person 
12has
satisfactorily completed (1) a training program offered or 
13approved by the
Illinois Law Enforcement Training Standards 
14Board which substantially conforms
to standards promulgated 
15pursuant to the Illinois Police Training Act and the Peace 
16Officer and Probation Officer Firearm Training Act; and (2) a 
17course in fire and arson investigation approved by the
Office 
18of the State Fire Marshal pursuant to the Illinois Fire 
19Protection
Training Act. Such training need not include 
20exposure to vehicle and traffic
law, traffic control and 
21accident investigation, or first aid, but shall
include 
22training in the law relating to the rights of persons 
23suspected of
involvement in criminal activities.

24 Any person granted the powers enumerated in this 
25subsection (a) may exercise such
powers only during the actual 
26investigation of the cause, origin and
circumstances of such 
 
 
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1fires or explosions that are suspected to be arson or

2arson-related crimes.

3 (b) Persons employed by the Office of the State Fire 
4Marshal to conduct arson investigations shall be designated 
5State Fire Marshal Arson Investigator Special Agents and shall 
6be peace officers with all of the powers of peace officers in 
7cities and sheriffs in counties, except that they may exercise 
8those powers throughout the State. These Special Agents may 
9exercise these powers only when engaging in official duties 
10during the actual investigation of the cause, origin, and

11circumstances of such fires or explosions that are suspected 
12to be arson or
arson-related crimes and may carry weapons at 
13all times, but only if they have satisfactorily completed (1) 
14a training course approved by the Illinois Law Enforcement 
15Training Standards Board that substantially conforms to the 
16standards promulgated pursuant to the Peace Officer and 
17Probation Officer Firearm Training Act and (2) a course in 
18fire and arson investigation approved by the
Office of the 
19State Fire Marshal pursuant to the Illinois Fire Protection

20Training Act. Such training need not include exposure to 
21vehicle and traffic
law, traffic control and accident 
22investigation, or first aid, but shall
include training in the 
23law relating to the rights of persons suspected of
involvement 
24in criminal activities.
25 For purposes of this subsection (b), a "State Fire Marshal 
26Arson Investigator Special Agent" does not include any fire 
 
 
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1investigator, fireman, police officer, or other employee of 
2the federal government; any fire investigator, fireman, police 
3officer, or other employee of any unit of local government; or 
4any fire investigator, fireman, police officer, or other 
5employee of the State of Illinois other than an employee of the 
6Office of the State Fire Marshal assigned to investigate 
7arson.

8 The State Fire Marshal must authorize to each employee of 
9the Office
of the State Fire Marshal who is exercising the 
10powers of a peace officer a
distinct badge that, on its face, 
11(i) clearly states that the badge is
authorized by the Office 
12of the State Fire Marshal and (ii) contains a unique

13identifying number. No other badge shall be authorized by the 
14Office of the
State Fire Marshal, except that a badge, 
15different from the badge issued to
peace officers, may be 
16authorized by the Office of the State Fire Marshal for
the use 
17of fire prevention inspectors employed by that Office.
Nothing 
18in this subsection prohibits the State Fire Marshal from 
19issuing
shields or other distinctive identification to 
20employees not exercising the
powers of a peace officer if the 
21State Fire Marshal determines that a shield or
distinctive 
22identification is needed by the employee to carry out his or 
23her
responsibilities.

24 (c) The Office of the State Fire Marshal shall establish a 
25policy to allow a State Fire Marshal Arson Investigator 
26Special Agent who is honorably retiring or separating in good 
 
 
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1standing to purchase either one or both of the following: (i) 
2any badge previously issued to that State Fire Marshal Arson 
3Investigator Special Agent; or (ii) if the State Fire Marshal 
4Arson Investigator Special Agent has a currently valid Firearm 
5Owner's Identification Card, the service firearm issued or 
6previously issued to the State Fire Marshal Arson Investigator 
7Special Agent by the Office of the State Fire Marshal. The cost 
8of the firearm purchased shall be the replacement value of the 
9firearm and not the firearm's fair market value. All funds 
10received by the agency under this program shall be deposited 
11into the Fire Prevention Fund. 
12(Source: P.A. 100-931, eff. 8-17-18.)


13 (Text of Section after amendment by P.A. 102-982)

14 Sec. 1. Peace officer status. 

15 (a) Any person who is a sworn member of any
organized and 
16paid fire department of a political subdivision of this State

17and is authorized to investigate fires or explosions for such 
18political
subdivision and
to determine the cause, origin and 
19circumstances of fires or explosions
that are suspected to be 
20arson or arson-related crimes, may be classified
as a peace 
21officer by the political subdivision or agency employing such

22person. A person so classified shall possess the same powers 
23of arrest,
search and seizure and the securing and service of 
24warrants as sheriffs
of counties, and police officers within 
25the jurisdiction of their political
subdivision. While in the 
 
 
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1actual investigation and matters incident thereto,
such person 
2may carry weapons as may be necessary, but only if that person 
3has
satisfactorily completed (1) a training program offered or 
4approved by the
Illinois Law Enforcement Training Standards 
5Board which substantially conforms
to standards promulgated 
6pursuant to the Illinois Police Training Act and the Peace 
7Officer and Probation Officer Firearm Training Act; and (2) a 
8course in fire and arson investigation approved by the
Office 
9of the State Fire Marshal pursuant to the Illinois Fire 
10Protection
Training Act. Such training need not include 
11exposure to vehicle and traffic
law, traffic control and crash 
12investigation, or first aid, but shall
include training in the 
13law relating to the rights of persons suspected of
involvement 
14in criminal activities.

15 Any person granted the powers enumerated in this 
16subsection (a) may exercise such
powers only during the actual 
17investigation of the cause, origin and
circumstances of such 
18fires or explosions that are suspected to be arson or

19arson-related crimes.

20 (b) Persons employed by the Office of the State Fire 
21Marshal to conduct arson investigations shall be designated 
22State Fire Marshal Arson Investigator Special Agents and shall 
23be peace officers with all of the powers of peace officers in 
24cities and sheriffs in counties, except that they may exercise 
25those powers throughout the State. These Special Agents may 
26exercise these powers only when engaging in official duties 
 
 
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1during the actual investigation of the cause, origin, and

2circumstances of such fires or explosions that are suspected 
3to be arson or
arson-related crimes and may carry weapons at 
4all times, but only if they have satisfactorily completed (1) 
5a training course approved by the Illinois Law Enforcement 
6Training Standards Board that substantially conforms to the 
7standards promulgated pursuant to the Peace Officer and 
8Probation Officer Firearm Training Act and (2) a course in 
9fire and arson investigation approved by the
Office of the 
10State Fire Marshal pursuant to the Illinois Fire Protection

11Training Act. Such training need not include exposure to 
12vehicle and traffic
law, traffic control and crash 
13investigation, or first aid, but shall
include training in the 
14law relating to the rights of persons suspected of
involvement 
15in criminal activities.
16 For purposes of this subsection (b), a "State Fire Marshal 
17Arson Investigator Special Agent" does not include any fire 
18investigator, fireman, police officer, or other employee of 
19the federal government; any fire investigator, fireman, police 
20officer, or other employee of any unit of local government; or 
21any fire investigator, fireman, police officer, or other 
22employee of the State of Illinois other than an employee of the 
23Office of the State Fire Marshal assigned to investigate 
24arson.

25 The State Fire Marshal must authorize to each employee of 
26the Office
of the State Fire Marshal who is exercising the 
 
 
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1powers of a peace officer a
distinct badge that, on its face, 
2(i) clearly states that the badge is
authorized by the Office 
3of the State Fire Marshal and (ii) contains a unique

4identifying number. No other badge shall be authorized by the 
5Office of the
State Fire Marshal, except that a badge, 
6different from the badge issued to
peace officers, may be 
7authorized by the Office of the State Fire Marshal for
the use 
8of fire prevention inspectors employed by that Office.
Nothing 
9in this subsection prohibits the State Fire Marshal from 
10issuing
shields or other distinctive identification to 
11employees not exercising the
powers of a peace officer if the 
12State Fire Marshal determines that a shield or
distinctive 
13identification is needed by the employee to carry out his or 
14her
responsibilities.

15 (c) The Office of the State Fire Marshal shall establish a 
16policy to allow a State Fire Marshal Arson Investigator 
17Special Agent who is honorably retiring or separating in good 
18standing to purchase either one or both of the following: (i) 
19any badge previously issued to that State Fire Marshal Arson 
20Investigator Special Agent; or (ii) if the State Fire Marshal 
21Arson Investigator Special Agent has a currently valid Firearm 
22Owner's Identification Card, the service firearm issued or 
23previously issued to the State Fire Marshal Arson Investigator 
24Special Agent by the Office of the State Fire Marshal. The cost 
25of the firearm purchased shall be the replacement value of the 
26firearm and not the firearm's fair market value. All funds 
 
 
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1received by the agency under this program shall be deposited 
2into the Fire Prevention Fund. 
3(Source: P.A. 102-982, eff. 7-1-23.)


4 Section 21. The Illinois Criminal Justice Information Act 
5is amended by changing Section 7.9 as follows:

6 (20 ILCS 3930/7.9)
7 (Section scheduled to be repealed on July 1, 2027)
8 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
9Force.
10 (a) As used in this Section, "firearms prohibitor" means 
11any factor listed in Section 4 of the Firearm Owners 
12Identification Card Act or Section 24-3 or 24-3.1 of the 
13Criminal Code of 2012 that prohibits a person from 
14transferring or possessing a firearm, firearm ammunition, 
15Firearm Owner's Identification Card, or concealed carry 
16license. 
17 (b) The Firearm Prohibitors and Records Improvement Task 
18Force is created to identify and research all available 
19grants, resources, and revenue that may be applied for and 
20used by all entities responsible for reporting federal and 
21State firearm prohibitors to the Illinois State Police and the 
22National Instant Criminal Background Check System. Under 
23Section 24-3 or 24-3.1 of the Criminal Code of 2012 the Firearm 
24Owners Identification Card Act, these reporting entities 
 
 
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1include, but are not limited to, hospitals, courts, law 
2enforcement and corrections. The Task Force shall identify 
3weaknesses in reporting and recommend a strategy to direct 
4resources and revenue to ensuring reporting is reliable, 
5accurate, and timely. The Task Force shall inventory all 
6statutorily mandated firearm and gun violence related data 
7collection and reporting requirements, along with the agency 
8responsible for collecting that data, and identify gaps in 
9those requirements. The Task Force shall submit a coordinated 
10application with and through the Illinois Criminal Justice 
11Information Authority for federal funds from the National 
12Criminal History Improvement Program and the NICS Acts Record 
13Improvement Program.
The Firearm Prohibitors and Records 
14Improvement Task Force shall be comprised of the following 
15members, all of whom shall serve without compensation:
16  (1) the Executive Director of the Illinois Criminal 
17 Justice Information Authority, who shall serve as Chair;
18  (2) the Director of the Illinois State Police, or his 
19 or her designee;
20  (3) the Secretary of Human Services, or his or her 
21 designee;
22  (4) the Director of Corrections, or his or her 
23 designee;
24  (5) the Attorney General, or his or her designee;
25  (6) the Director of the Administrative Office of the 
26 Illinois Courts, or his or her designee; 
 
 
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1  (7) a representative of an association representing 
2 circuit clerks appointed by the President of the Senate;
3  (8) a representative of an association representing 
4 sheriffs appointed by the House Minority Leader;
5  (9) a representative of an association representing 
6 State's Attorneys appointed by the House Minority Leader;
7  (10) a representative of an association representing 
8 chiefs of police appointed by the Senate Minority Leader;
9  (11) a representative of an association representing 
10 hospitals appointed by the Speaker of the House of 
11 Representatives;
12  (12) a representative of an association representing 
13 counties appointed by the President of the Senate; and
14  (13) a representative of an association representing 
15 municipalities appointed by the Speaker of the House of 
16 Representatives.
17 (c)
The Illinois Criminal Justice Information Authority 
18shall provide administrative and other support to the Task 
19Force. The Illinois State Police Division of Justice Services 
20shall also provide support to the Illinois Criminal Justice 
21Information Authority and the Task Force.
22 (d) The Task Force may meet in person or virtually and 
23shall issue a written report of its findings and 
24recommendations to General Assembly on or before July 1, 2022. 
25The Task Force shall issue an annual report, which shall 
26include information on the state of FOID data, including a 
 
 
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1review of previous activity by the Task Force to close 
2previously identified gaps; identifying known (or new) gaps; a 
3proposal of policy and practice recommendations to close those 
4gaps; and a preview of expected activities of the Task Force 
5for the coming year.
6 (e) Within 60 days of the effective date of this 
7amendatory Act of the 102nd General Assembly, the Chair shall 
8establish the Task Force.
9 (f) This Section is repealed on July 1, 2027.

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

11 Section 25. The State Finance Act is amended by changing 
12Sections 6z-99 and 6z-127 as follows:

13 (30 ILCS 105/6z-99)
14 Sec. 6z-99. The Mental Health Reporting Fund.
15 (a) There is created in the State treasury a special fund 
16known as the Mental Health Reporting Fund. The Fund shall 
17receive revenue under the Firearm Concealed Carry Act. The 
18Fund may also receive revenue from grants, pass-through 
19grants, donations, appropriations, and any other legal source.
20 (b) The Illinois State Police and Department of Human 
21Services shall coordinate to use moneys in the Fund to finance 
22their respective duties of collecting and reporting data on 
23mental health records and ensuring that mental health firearm 
24possession prohibitors are enforced as set forth under the 
 
 
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1Firearm Concealed Carry Act and the Firearm Owners 
2Identification Card Act. Any surplus in the Fund beyond what 
3is necessary to ensure compliance with mental health reporting 
4under these Acts shall be used by the Department of Human 
5Services for mental health treatment programs as follows: (1) 
650% shall be used to fund
community-based mental health 
7programs aimed at reducing gun
violence, community integration 
8and education, or mental
health awareness and prevention, 
9including administrative
costs; and (2) 50% shall be used to 
10award grants that use and
promote the National School Mental 
11Health Curriculum model for
school-based mental health 
12support, integration, and services.
13 (c) Investment income that is attributable to the 
14investment of moneys in the Fund shall be retained in the Fund 
15for the uses specified in this Section.

16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
17102-813, eff. 5-13-22.)



18 (30 ILCS 105/6z-127)


19 Sec. 6z-127. State Police Revocation Enforcement Fund.
20 (a) The State Police Revocation Enforcement Fund is 
21established as a special fund in the State treasury. This Fund 
22is established to receive moneys from appropriations by the 
23General Assembly from the Firearm Owners Identification Card 
24Act to enforce that Act, the Firearm Concealed Carry Act, 
25Article 24 of the Criminal Code of 2012, and other firearm 
 
 
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1offenses. The Fund may also receive revenue from grants, 
2donations, appropriations, and any other legal source.
3 (b) The Illinois State Police may use moneys from the Fund 
4to establish task forces and, if necessary, include other law 
5enforcement agencies, under intergovernmental contracts 
6written and executed in conformity with the Intergovernmental 
7Cooperation Act.
8 (c) The Illinois State Police may use moneys in the Fund to 
9hire and train State Police officers and for the prevention of 
10violent crime.
11 (d) The State Police Revocation Enforcement Fund is not 
12subject to administrative chargebacks.
13 (e) (Blank). Law enforcement agencies that participate in 
14Firearm Owner's Identification Card revocation enforcement in 
15the Violent Crime Intelligence Task Force may apply for grants 
16from the Illinois State Police.

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


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




20 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)



21 Sec. 3. 
A Metropolitan Enforcement Group which meets the 
22minimum
criteria established in this Section is eligible to 
23receive State grants
to help defray the costs of operation. To 
24be eligible a MEG must:

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

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

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

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

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

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

3 information the Illinois State
Police deems necessary 
4 therefor.

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

8(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
9102-813, eff. 5-13-22.)


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



12 (50 ILCS 710/1) (from Ch. 85, par. 515)



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

19county or municipality or (ii) any retired law enforcement 
20officers qualified under federal law to carry a concealed 
21weapon. 
22 (a-5) "Probation officer" means a county probation officer 
23authorized by the Chief Judge of the Circuit Court to carry a 
24firearm as part of his or her duties under Section 12 of the 
 
 
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1Probation and Probation Officers Act and Section 24-2 of the 
2Criminal Code of 2012. 
3 (b)
"Firearms" means any weapon or device defined as a 
4firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
5"An Act relating to the acquisition, possession and transfer 
6of
firearms and firearm ammunition, to provide a penalty for 
7the violation
thereof and to make an appropriation in 
8connection therewith", approved
August 3, 1967, as amended.

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



10 (50 ILCS 725/7.2 rep.)
11 Section 31. The Uniform Peace Officers' Disciplinary Act 
12is amended by repealing Section 7.2.

13 Section 32. The Counties Code is amended by changing 
14Section 3-6042 as follows:

15 (55 ILCS 5/3-6042)
16 Sec. 3-6042. Retiring employee; purchase of service 
17firearm and badge. Each Sheriff shall establish a program to 
18allow an employee of the Sheriff's Department who is honorably 
19retiring in good standing to purchase either one or both of the 
20following: (1) any badge previously issued to the employee by 
21the Sheriff's Department; or (2) if the employee has a 
22currently valid Firearm Owner's Identification Card, the 
23service firearm issued or previously issued to the employee by 
 
 
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1the Sheriff's Department. The badge must be permanently and 
2conspicuously marked in such a manner that the individual who 
3possesses the badge is not mistaken for an actively serving 
4law enforcement officer. The cost of the firearm shall be the 
5replacement value of the firearm and not the firearm's fair 
6market value.

7(Source: P.A. 102-719, eff. 5-6-22.)

8 Section 35. The School Code is amended by changing 
9Sections 10-22.6, 10-27.1A and 34-8.05 as follows:



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


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

12 Sec. 10-22.6. Suspension or expulsion of pupils; school 
13searches. 

14 (a) To expel pupils guilty of gross disobedience or 
15misconduct, including gross disobedience or misconduct 
16perpetuated by electronic means, pursuant to subsection (b-20) 
17of this Section, and
no action shall lie against them for such 
18expulsion. Expulsion shall
take place only after the parents 
19have been requested to appear at a
meeting of the board, or 
20with a hearing officer appointed by it, to
discuss their 
21child's behavior. Such request shall be made by registered
or 
22certified mail and shall state the time, place and purpose of 
23the
meeting. The board, or a hearing officer appointed by it, 
24at such
meeting shall state the reasons for dismissal and the 
 
 
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1date on which the
expulsion is to become effective. If a 
2hearing officer is appointed by
the board, he shall report to 
3the board a written summary of the evidence
heard at the 
4meeting and the board may take such action thereon as it
finds 
5appropriate. If the board acts to expel a pupil, the written 
6expulsion decision shall detail the specific reasons why 
7removing the pupil from the learning environment is in the 
8best interest of the school. The expulsion decision shall also 
9include a rationale as to the specific duration of the 
10expulsion. An expelled pupil may be immediately transferred to 
11an alternative program in the manner provided in Article 13A 
12or 13B of this Code. A pupil must not be denied transfer 
13because of the expulsion, except in cases in which such 
14transfer is deemed to cause a threat to the safety of students 
15or staff in the alternative program.

16 (b) To suspend or by policy to authorize the 
17superintendent of
the district or the principal, assistant 
18principal, or dean of students
of any school to suspend pupils 
19guilty of gross disobedience or misconduct, or
to suspend 
20pupils guilty of gross disobedience or misconduct on the 
21school bus
from riding the school bus, pursuant to subsections 
22(b-15) and (b-20) of this Section, and no action
shall lie 
23against them for such suspension. The board may by policy

24authorize the superintendent of the district or the principal, 
25assistant
principal, or dean of students of any
school to 
26suspend pupils guilty of such acts for a period not to exceed

 
 
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110 school days. If a pupil is suspended due to gross 
2disobedience or misconduct
on a school bus, the board may 
3suspend the pupil in excess of 10
school
days for safety 
4reasons. 
5 Any suspension shall be reported immediately to the

6parents or guardian of a pupil along with a full statement of 
7the
reasons for such suspension and a notice of their right to 
8a review. The school board must be given a summary of the 
9notice, including the reason for the suspension and the 
10suspension length. Upon request of the
parents or guardian, 
11the school board or a hearing officer appointed by
it shall 
12review such action of the superintendent or principal, 
13assistant
principal, or dean of students. At such
review, the 
14parents or guardian of the pupil may appear and discuss the

15suspension with the board or its hearing officer. If a hearing 
16officer
is appointed by the board, he shall report to the board 
17a written summary
of the evidence heard at the meeting. After 
18its hearing or upon receipt
of the written report of its 
19hearing officer, the board may take such
action as it finds 
20appropriate. If a student is suspended pursuant to this 
21subsection (b), the board shall, in the written suspension 
22decision, detail the specific act of gross disobedience or 
23misconduct resulting in the decision to suspend. The 
24suspension decision shall also include a rationale as to the 
25specific duration of the suspension. A pupil who is suspended 
26in excess of 20 school days may be immediately transferred to 
 
 
HB1270- 63 -LRB103 04864 RLC 49874 b


1an alternative program in the manner provided in Article 13A 
2or 13B of this Code. A pupil must not be denied transfer 
3because of the suspension, except in cases in which such 
4transfer is deemed to cause a threat to the safety of students 
5or staff in the alternative program.

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

12the school community or (ii) substantially disrupt, impede, or

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

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

18 (d-5) The board may suspend or by regulation
authorize the 
19superintendent of the district or the principal, assistant

20principal, or dean of students of any
school to suspend a 
21student for a period not to exceed
10 school days or may expel 
22a student for a definite period of time not to
exceed 2 
23calendar years, as determined on a case-by-case basis, if (i) 
24that student has been determined to have made an explicit 
25threat on an Internet website against a school employee, a 
26student, or any school-related personnel, (ii) the Internet 
 
 
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1website through which the threat was made is a site that was 
2accessible within the school at the time the threat was made or 
3was available to third parties who worked or studied within 
4the school grounds at the time the threat was made, and (iii) 
5the threat could be reasonably interpreted as threatening to 
6the safety and security of the threatened individual because 
7of his or her duties or employment status or status as a 
8student inside the school.

9 (e) To maintain order and security in the schools, school 
10authorities may
inspect and search places and areas such as 
11lockers, desks, parking lots, and
other school property and 
12equipment owned or controlled by the school, as well
as 
13personal effects left in those places and areas by students, 
14without notice
to or the consent of the student, and without a 
15search warrant. As a matter of
public policy, the General 
16Assembly finds that students have no reasonable
expectation of 
17privacy in these places and areas or in their personal effects

18left in these places and areas. School authorities may request 
19the assistance
of law enforcement officials for the purpose of 
20conducting inspections and
searches of lockers, desks, parking 
21lots, and other school property and
equipment owned or 
22controlled by the school for illegal drugs, weapons, or
other

23illegal or dangerous substances or materials, including 
24searches conducted
through the use of specially trained dogs. 
25If a search conducted in accordance
with this Section produces 
26evidence that the student has violated or is
violating either 
 
 
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1the law, local ordinance, or the school's policies or rules,

2such evidence may be seized by school authorities, and 
3disciplinary action may
be taken. School authorities may also 
4turn over such evidence to law
enforcement authorities.

5 (f) Suspension or expulsion may include suspension or 
6expulsion from
school and all school activities and a 
7prohibition from being present on school
grounds.

8 (g) A school district may adopt a policy providing that if 
9a student
is suspended or expelled for any reason from any 
10public or private school
in this or any other state, the 
11student must complete the entire term of
the suspension or 
12expulsion in an alternative school program under Article 13A 
13of this Code or an alternative learning opportunities program 
14under Article 13B of this Code before being admitted into the 
15school
district if there is no threat to the safety of students 
16or staff in the alternative program.

17 (h) School officials shall not advise or encourage 
18students to drop out voluntarily due to behavioral or academic 
19difficulties.
20 (i) A student may not be issued a monetary fine or fee as a 
21disciplinary consequence, though this shall not preclude 
22requiring a student to provide restitution for lost, stolen, 
23or damaged property.
24 (j) Subsections (a) through (i) of this Section shall 
25apply to elementary and secondary schools, charter schools, 
26special charter districts, and school districts organized 
 
 
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1under Article 34 of this Code. 
2 (k) The expulsion of children enrolled in programs funded 
3under Section 1C-2 of this Code is subject to the requirements 
4under paragraph (7) of subsection (a) of Section 2-3.71 of 
5this Code.
6 (l) Beginning with the 2018-2019 school year, an in-school 
7suspension program provided by a school district for any 
8students in kindergarten through grade 12 may focus on 
9promoting non-violent conflict resolution and positive 
10interaction with other students and school personnel. A school 
11district may employ a school social worker or a licensed 
12mental health professional to oversee an in-school suspension 
13program in kindergarten through grade 12. 
14(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
15102-813, eff. 5-13-22.)

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

17 Sec. 10-22.6. Suspension or expulsion of pupils; school 
18searches. 

19 (a) To expel pupils guilty of gross disobedience or 
20misconduct, including gross disobedience or misconduct 
21perpetuated by electronic means, pursuant to subsection (b-20) 
22of this Section, and
no action shall lie against them for such 
23expulsion. Expulsion shall
take place only after the parents 
24or guardians have been requested to appear at a
meeting of the 
25board, or with a hearing officer appointed by it, to
discuss 
 
 
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1their child's behavior. Such request shall be made by 
2registered
or certified mail and shall state the time, place 
3and purpose of the
meeting. The board, or a hearing officer 
4appointed by it, at such
meeting shall state the reasons for 
5dismissal and the date on which the
expulsion is to become 
6effective. If a hearing officer is appointed by
the board, he 
7shall report to the board a written summary of the evidence

8heard at the meeting and the board may take such action thereon 
9as it
finds appropriate. If the board acts to expel a pupil, 
10the written expulsion decision shall detail the specific 
11reasons why removing the pupil from the learning environment 
12is in the best interest of the school. The expulsion decision 
13shall also include a rationale as to the specific duration of 
14the expulsion. An expelled pupil may be immediately 
15transferred to an alternative program in the manner provided 
16in Article 13A or 13B of this Code. A pupil must not be denied 
17transfer because of the expulsion, except in cases in which 
18such transfer is deemed to cause a threat to the safety of 
19students or staff in the alternative program.

20 (b) To suspend or by policy to authorize the 
21superintendent of
the district or the principal, assistant 
22principal, or dean of students
of any school to suspend pupils 
23guilty of gross disobedience or misconduct, or
to suspend 
24pupils guilty of gross disobedience or misconduct on the 
25school bus
from riding the school bus, pursuant to subsections 
26(b-15) and (b-20) of this Section, and no action
shall lie 
 
 
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1against them for such suspension. The board may by policy

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

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

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

19suspension with the board or its hearing officer. If a hearing 
20officer
is appointed by the board, he shall report to the board 
21a written summary
of the evidence heard at the meeting. After 
22its hearing or upon receipt
of the written report of its 
23hearing officer, the board may take such
action as it finds 
24appropriate. If a student is suspended pursuant to this 
25subsection (b), the board shall, in the written suspension 
26decision, detail the specific act of gross disobedience or 
 
 
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1misconduct resulting in the decision to suspend. The 
2suspension decision shall also include a rationale as to the 
3specific duration of the suspension. A pupil who is suspended 
4in excess of 20 school days may be immediately transferred to 
5an alternative program in the manner provided in Article 13A 
6or 13B of this Code. A pupil must not be denied transfer 
7because of the suspension, except in cases in which such 
8transfer is deemed to cause a threat to the safety of students 
9or staff in the alternative program.

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

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

17interfere with the operation of the school. For purposes of 
18this subsection (b-20), "threat to the safety of other 
19students, staff, or members of the school community" and 
20"substantially disrupt, impede, or interfere with the 
21operation of the school" shall be determined on a case-by-case 
22basis by school officials. For purposes of this subsection 
23(b-20), the determination of whether "appropriate and 
24available behavioral and disciplinary interventions have been 
25exhausted" shall be made by school officials. School officials 
26shall make all reasonable efforts to resolve such threats, 
 
 
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1address such disruptions, and minimize the length of student 
2exclusions to the greatest extent practicable. Within the 
3suspension decision described in subsection (b) of this 
4Section or the expulsion decision described in subsection (a) 
5of this Section, it shall be documented whether other 
6interventions were attempted or whether it was determined that 
7there were no other appropriate and available interventions.
8 (b-25) Students who are suspended out-of-school for longer 
9than 4 school days shall be provided appropriate and available 
10support services during the period of their suspension. For 
11purposes of this subsection (b-25), "appropriate and available 
12support services" shall be determined by school authorities. 
13Within the suspension decision described in subsection (b) of 
14this Section, it shall be documented whether such services are 
15to be provided or whether it was determined that there are no 
16such appropriate and available services.
17 A school district may refer students who are expelled to 
18appropriate and available support services.
19 A school district shall create a policy to facilitate the 
20re-engagement of students who are suspended out-of-school, 
21expelled, or returning from an alternative school setting.
22 (b-30) A school district shall create a policy by which 
23suspended pupils, including those pupils suspended from the 
24school bus who do not have alternate transportation to school, 
25shall have the opportunity to make up work for equivalent 
26academic credit. It shall be the responsibility of a pupil's 
 
 
HB1270- 76 -LRB103 04864 RLC 49874 b


1parents or guardians to notify school officials that a pupil 
2suspended from the school bus does not have alternate 
3transportation to school. 
4 (b-35) In all suspension review hearings conducted
under 
5subsection (b) or expulsion hearings conducted
under 
6subsection (a), a student may disclose any factor to be 
7considered in mitigation, including his or her status as
a 
8parent, expectant parent, or victim of domestic or sexual 
9violence, as defined in Article 26A. A representative of the

10parent's or guardian's choice, or of the student's choice if 
11emancipated, must be permitted to represent
the student 
12throughout the proceedings and to address the school board or 
13its appointed hearing officer. With the
approval of the 
14student's parent or guardian, or of the student if 
15emancipated, a support person
must be permitted to accompany 
16the student to any disciplinary
hearings or proceedings. The 
17representative or support person must comply with any rules of 
18the school district's hearing process. If the representative 
19or support person violates the rules or engages in behavior or 
20advocacy that harasses, abuses, or intimidates either party, a 
21witness, or anyone else in attendance at the hearing, the 
22representative or support person may be prohibited from 
23further participation in the hearing or proceeding. A 
24suspension or expulsion proceeding
under this subsection 
25(b-35) must be conducted independently
from any ongoing 
26criminal investigation or proceeding, and an absence of 
 
 
HB1270- 77 -LRB103 04864 RLC 49874 b


1pending or possible criminal charges, criminal investigations, 
2or proceedings may not be a factor in school
disciplinary 
3decisions.
4 (b-40) During a suspension review hearing conducted
under 
5subsection (b) or an expulsion hearing conducted
under 
6subsection (a) that involves allegations of sexual
violence by 
7the student who is subject to discipline, neither
the student 
8nor his or her representative shall directly
question nor have 
9direct contact with the alleged victim. The
student who is 
10subject to discipline or his or her
representative may, at the 
11discretion and direction of the
school board or its appointed 
12hearing officer, suggest
questions to be posed by the school 
13board or its appointed
hearing officer to the alleged victim. 
14 (c) A school board must invite a representative from a 
15local mental health agency to consult with the board at the 
16meeting whenever there is evidence that mental illness may be 
17the cause of a student's expulsion or suspension.

18 (c-5) School districts shall make reasonable efforts to 
19provide ongoing professional development to teachers, 
20administrators, school board members, school resource 
21officers, and staff on the adverse consequences of school 
22exclusion and justice-system involvement, effective classroom 
23management strategies, culturally responsive discipline, the 
24appropriate and available supportive services for the 
25promotion of student attendance and engagement, and 
26developmentally appropriate disciplinary methods that promote 
 
 
HB1270- 78 -LRB103 04864 RLC 49874 b


1positive and healthy school climates. 
2 (d) The board may expel a student for a definite period of 
3time not to
exceed 2 calendar years, as determined on a 
4case-by-case basis.
A student who
is determined to have 
5brought one of the following objects to school, any 
6school-sponsored activity
or event, or any activity or event 
7that bears a reasonable relationship to school shall be 
8expelled for a period of not less than
one year:
9  (1) A firearm. For the purposes of this Section, 
10 "firearm" means any gun, rifle, shotgun, weapon as defined 
11 by Section 921 of Title 18 of the United States Code, 
12 firearm as defined in Section 2-7.5 1.1 of the Firearm 
13 Owners Identification Card Act, or firearm as defined in 
14 Section 24-1 of the Criminal Code of 2012. The expulsion 
15 period under this subdivision (1) may be modified by the 
16 superintendent, and the superintendent's determination may 
17 be modified by the board on a case-by-case basis.
18  (2) A knife, brass knuckles or other knuckle weapon 
19 regardless of its composition, a billy club, or any other 
20 object if used or attempted to be used to cause bodily 
21 harm, including "look alikes" of any firearm as defined in 
22 subdivision (1) of this subsection (d). The expulsion 
23 requirement under this subdivision (2) may be modified by 
24 the superintendent, and the superintendent's determination 
25 may be modified by the board on a case-by-case basis. 
26Expulsion
or suspension
shall be construed in a
manner 
 
 
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1consistent with the federal Individuals with Disabilities 
2Education
Act. A student who is subject to suspension or 
3expulsion as provided in this
Section may be eligible for a 
4transfer to an alternative school program in
accordance with 
5Article 13A of the School Code.

6 (d-5) The board may suspend or by regulation
authorize the 
7superintendent of the district or the principal, assistant

8principal, or dean of students of any
school to suspend a 
9student for a period not to exceed
10 school days or may expel 
10a student for a definite period of time not to
exceed 2 
11calendar years, as determined on a case-by-case basis, if (i) 
12that student has been determined to have made an explicit 
13threat on an Internet website against a school employee, a 
14student, or any school-related personnel, (ii) the Internet 
15website through which the threat was made is a site that was 
16accessible within the school at the time the threat was made or 
17was available to third parties who worked or studied within 
18the school grounds at the time the threat was made, and (iii) 
19the threat could be reasonably interpreted as threatening to 
20the safety and security of the threatened individual because 
21of his or her duties or employment status or status as a 
22student inside the school.

23 (e) To maintain order and security in the schools, school 
24authorities may
inspect and search places and areas such as 
25lockers, desks, parking lots, and
other school property and 
26equipment owned or controlled by the school, as well
as 
 
 
HB1270- 80 -LRB103 04864 RLC 49874 b


1personal effects left in those places and areas by students, 
2without notice
to or the consent of the student, and without a 
3search warrant. As a matter of
public policy, the General 
4Assembly finds that students have no reasonable
expectation of 
5privacy in these places and areas or in their personal effects

6left in these places and areas. School authorities may request 
7the assistance
of law enforcement officials for the purpose of 
8conducting inspections and
searches of lockers, desks, parking 
9lots, and other school property and
equipment owned or 
10controlled by the school for illegal drugs, weapons, or
other

11illegal or dangerous substances or materials, including 
12searches conducted
through the use of specially trained dogs. 
13If a search conducted in accordance
with this Section produces 
14evidence that the student has violated or is
violating either 
15the law, local ordinance, or the school's policies or rules,

16such evidence may be seized by school authorities, and 
17disciplinary action may
be taken. School authorities may also 
18turn over such evidence to law
enforcement authorities.

19 (f) Suspension or expulsion may include suspension or 
20expulsion from
school and all school activities and a 
21prohibition from being present on school
grounds.

22 (g) A school district may adopt a policy providing that if 
23a student
is suspended or expelled for any reason from any 
24public or private school
in this or any other state, the 
25student must complete the entire term of
the suspension or 
26expulsion in an alternative school program under Article 13A 
 
 
HB1270- 81 -LRB103 04864 RLC 49874 b


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

10 (h) School officials shall not advise or encourage 
11students to drop out voluntarily due to behavioral or academic 
12difficulties.
13 (i) A student may not be issued a monetary fine or fee as a 
14disciplinary consequence, though this shall not preclude 
15requiring a student to provide restitution for lost, stolen, 
16or damaged property.
17 (j) Subsections (a) through (i) of this Section shall 
18apply to elementary and secondary schools, charter schools, 
19special charter districts, and school districts organized 
20under Article 34 of this Code. 
21 (k) The expulsion of children enrolled in programs funded 
22under Section 1C-2 of this Code is subject to the requirements 
23under paragraph (7) of subsection (a) of Section 2-3.71 of 
24this Code.
25 (l) Beginning with the 2018-2019 school year, an in-school 
26suspension program provided by a school district for any 
 
 
HB1270- 82 -LRB103 04864 RLC 49874 b


1students in kindergarten through grade 12 may focus on 
2promoting non-violent conflict resolution and positive 
3interaction with other students and school personnel. A school 
4district may employ a school social worker or a licensed 
5mental health professional to oversee an in-school suspension 
6program in kindergarten through grade 12. 
7(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
8102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)




9 (105 ILCS 5/10-27.1A)



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

11 (a) All school officials, including teachers, school 
12counselors, and
support staff, shall immediately notify the 
13office of the principal in the
event that they observe any 
14person in possession of a firearm on school
grounds; provided 
15that taking such immediate action to notify the office of the

16principal would not immediately endanger the health, safety, 
17or welfare of
students who are under the direct supervision of 
18the school official or the
school official. If the health, 
19safety, or welfare of students under the
direct supervision of 
20the school official or of the school official is
immediately 
21endangered, the school official shall notify the office of the

22principal as soon as the students under his or her supervision 
23and he or she
are no longer under immediate danger. A report is 
24not required by this Section
when the school official knows 
25that the person in possession of the firearm is
a law 
 
 
HB1270- 83 -LRB103 04864 RLC 49874 b


1enforcement official engaged in the conduct of his or her 
2official
duties. Any school official acting in good faith who 
3makes such a report under
this Section shall have immunity 
4from any civil or criminal liability that
might otherwise be 
5incurred as a result of making the report. The identity of
the 
6school official making such report shall not be disclosed 
7except as
expressly and specifically authorized by law. 
8Knowingly and willfully failing
to comply with this Section is 
9a petty offense. A second or subsequent offense
is a Class C 
10misdemeanor.

11 (b) Upon receiving a report from any school official 
12pursuant to this
Section, or from any other person, the 
13principal or his or her designee shall
immediately notify a 
14local law enforcement agency. If the person found to be
in 
15possession of a firearm on school grounds is a student, the 
16principal or
his or her designee shall also immediately notify 
17that student's parent or
guardian. Any principal or his or her 
18designee acting in good faith who makes
such reports under 
19this Section shall have immunity from any civil or criminal

20liability that might otherwise be incurred or imposed as a 
21result of making
the reports. Knowingly and willfully failing 
22to comply with this Section is a
petty offense. A second or 
23subsequent offense is a Class C misdemeanor. If
the person 
24found to be in possession of the firearm on school grounds is a

25minor, the law enforcement agency shall detain that minor 
26until such time as
the agency makes a determination pursuant 
 
 
HB1270- 84 -LRB103 04864 RLC 49874 b


1to clause (a) of subsection (1) of
Section 5-401 of the 
2Juvenile Court Act of 1987, as to whether the agency

3reasonably believes that the minor is delinquent. If the law 
4enforcement
agency determines that probable cause exists to 
5believe that the minor
committed a violation of item (4) of 
6subsection (a) of Section 24-1 of the
Criminal Code of 2012 
7while on school grounds, the agency shall detain the
minor for 
8processing pursuant to Section 5-407 of the Juvenile Court Act 
9of
1987.

10 (c) On or after January 1, 1997, upon receipt of any 
11written,
electronic, or verbal report from any school 
12personnel regarding a verified
incident involving a firearm in 
13a school or on school owned or leased property,
including any 
14conveyance owned,
leased, or used by the school for the 
15transport of students or school
personnel, the superintendent 
16or his or her designee shall report all such
firearm-related 
17incidents occurring in a school or on school property to the

18local law enforcement authorities immediately and to the 
19Illinois State Police in a form, manner, and frequency as 
20prescribed by the Illinois State Police.

21 The State Board of Education shall receive an annual 
22statistical compilation
and related data associated with 
23incidents involving firearms in schools from
the Illinois 
24State Police. The State Board of Education shall compile
this 
25information by school district and make it available to the 
26public.

 
 
HB1270- 85 -LRB103 04864 RLC 49874 b


1 (d) As used in this Section, the term "firearm" shall have 
2the meaning
ascribed to it in Section 2-7.5 of the Criminal 
3Code of 2012 1.1 of the Firearm Owners Identification Card 
4Act.

5 As used in this Section, the term "school" means any 
6public or private
elementary or secondary school.

7 As used in this Section, the term "school grounds" 
8includes the real property
comprising any school, any 
9conveyance owned, leased, or contracted by a school
to 
10transport students to or from school or a school-related 
11activity, or any
public way within 1,000 feet of the real 
12property comprising any school.

13(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
14102-813, eff. 5-13-22.)





15 (105 ILCS 5/34-8.05)



16 Sec. 34-8.05. Reporting firearms in schools. On or after 
17January 1,
1997,
upon receipt of any written,
electronic, or 
18verbal report from any school personnel regarding a verified

19incident involving a firearm in a school or on school owned or 
20leased property,
including any conveyance owned,
leased, or 
21used by the school for the transport of students or school

22personnel, the general superintendent or his or her designee 
23shall report all
such
firearm-related incidents occurring in a 
24school or on school property to the
local law enforcement 
25authorities no later than 24 hours after the occurrence
of the 
 
 
HB1270- 86 -LRB103 04864 RLC 49874 b


1incident and to the Illinois State Police in a form, manner, 
2and
frequency as prescribed by the Illinois State Police.

3 The State Board of Education shall receive an annual 
4statistical compilation
and related data associated with 
5incidents involving firearms in schools from
the Illinois 
6State Police. As used in this Section, the term "firearm"

7shall have the meaning ascribed to it in Section 2-7.5 of the 
8Criminal Code of 2012 1.1 of the Firearm Owners
Identification 
9Card Act.

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


11 Section 40. The Illinois Explosives Act is amended by 
12changing Section 2005 as follows:




13 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



14 Sec. 2005. Qualifications for licensure. 
15 (a) No person shall qualify to hold a license who:
16  (1) is under 21 years of age;
17  (2) has been convicted in any court of a crime 
18 punishable by imprisonment for a term exceeding one year;
19  (3) is under indictment for a crime punishable by 
20 imprisonment for a term exceeding one year;
21  (4) is a fugitive from justice;
22  (5) is an unlawful user of or addicted to any 
23 controlled substance as defined in Section 102 of the 
24 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
 
 
HB1270- 87 -LRB103 04864 RLC 49874 b


1 seq.);
2  (6) has been adjudicated a person with a mental 
3 disability as defined in Section 6-103.1 of the Mental 
4 Health and Developmental Disabilities Code 1.1 of the 
5 Firearm Owners Identification Card Act; or
6  (7) is not a legal citizen of the United States or 
7 lawfully admitted for permanent residence.
8 (b) A person who has been granted a "relief from 
9disabilities" regarding criminal convictions and indictments, 
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
11845) may receive a license provided all other qualifications 
12under this Act are met. 

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


14 Section 45. The Private Detective, Private Alarm, Private 
15Security, and
Locksmith Act of 2004 is amended by changing 
16Sections 35-30 and 35-35 as follows:



17 (225 ILCS 447/35-30)



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

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

20licensed agency, other than those exempted, shall apply for a

21permanent employee registration card. The holder of an agency

22license issued under this Act, known in this Section as

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

24employees under the following provisions:


 
 
HB1270- 88 -LRB103 04864 RLC 49874 b


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

2registration card who:

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

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

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

15  (4) Has had a license or permanent employee

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

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

23 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
24 subsection (b) of
Section 20-10, item (6) or (8) of 
25 subsection (a) of Section 25-10, subsection
(b) of Section 
26 25-10, item (7) of subsection (a) of Section 30-10,

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

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

4 defect and has not been restored.

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


7 (b) No person may be employed by a private
detective 
8agency, private security contractor agency, private
alarm 
9contractor agency, fingerprint vendor agency, or locksmith 
10agency under this
Section until he or she has executed and 
11furnished to the
employer, on forms furnished by the 
12Department, a verified
statement to be known as "Employee's 
13Statement" setting forth:

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

15 address.

16  (2) The business or occupation engaged in for
the 5 
17 years immediately before the date of the execution of
the 
18 statement, the place where the business or occupation was

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

20  (3) That the person has not had a license or
employee 
21 registration denied, revoked, or suspended under this
Act 
22 (i) within one year before the date the person's 
23 application
for permanent employee registration card is 
24 received by the
Department; and (ii) that refusal, denial, 
25 suspension, or
revocation was based on any provision of 
26 this Act other than
Section 40-50,
item (6) or (8) of 
 
 
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1 subsection (a) of Section 15-10, subsection (b) of Section

2 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
3 subsection (b) of
Section 20-10, item (6) or (8) of 
4 subsection (a) of Section 25-10, subsection
(b) of Section 
5 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

10  (6) Any dishonorable discharge from the armed
services 
11 of the United States.

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

14 competency, and integrity of the person executing the

15 statement.

16 (c) Each applicant for a permanent employee registration

17card shall have his or her fingerprints submitted to the

18Illinois State Police in an electronic format that
complies 
19with the form and manner for requesting and
furnishing 
20criminal history record information as prescribed
by the 
21Illinois State Police. These fingerprints shall
be checked 
22against the Illinois State Police and Federal
Bureau of 
23Investigation criminal history record databases now
and 
24hereafter filed. The Illinois State Police shall
charge 
25applicants a fee for conducting the criminal history
records 
26check, which shall be deposited in the State Police
Services 
 
 
HB1270- 91 -LRB103 04864 RLC 49874 b


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

13satisfactory to the Department that an equivalent security

14clearance has been conducted. Also, an individual who has

15retired as a peace officer within 12 months of application may

16submit verification, on forms provided by the Department and

17signed by his or her employer, of his or her previous full-time 
18employment as a
peace officer.

19 (d) The Department shall issue a permanent employee

20registration card, in a form the Department prescribes, to all

21qualified applicants.
The holder of a permanent employee 
22registration card shall
carry the card at all times while 
23actually engaged in the
performance of the duties of his or her 
24employment.
Expiration and requirements for renewal of 
25permanent employee
registration cards shall be established by 
26rule of the
Department. Possession of a permanent employee 
 
 
HB1270- 92 -LRB103 04864 RLC 49874 b


1registration
card does not in any way imply that the holder of 
2the card is
employed by an agency unless the permanent 
3employee
registration card is accompanied by the employee

4identification card required by subsection (f) of this

5Section.

6 (e) Each employer shall maintain a record of each
employee 
7that is accessible to the duly authorized
representatives of 
8the Department. The record shall contain
the following 
9information:

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

12 photograph shall be replaced with a current photograph 
13 every 3
calendar years.

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

16  (3) All correspondence or documents relating to the

17 character and integrity of the employee received by the

18 employer from any official source or law enforcement 
19 agency.

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

21 identification card of that person issued under subsection 
22 (f)
of this Section. Each employee record shall duly note 
23 if the
employee is employed in an armed capacity. Armed 
24 employee
files shall contain a copy of an active firearm 
25 owner's
identification card and a copy of an active 
26 firearm
control card. Each employer shall maintain a 
 
 
HB1270- 93 -LRB103 04864 RLC 49874 b


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

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

22 The Department may, by rule, prescribe further
record 
23requirements.

24 (f) Every employer shall furnish an employee

25identification card to each of his or her employees. This

26employee identification card shall contain a recent photograph

 
 
HB1270- 94 -LRB103 04864 RLC 49874 b


1of the employee, the employee's name, the name and agency

2license number of the employer, the employee's personal

3description, the signature of the employer, the signature of

4that employee, the date of issuance, and an employee

5identification card number.

6 (g) No employer may issue an employee identification
card 
7to any person who is not employed by the employer in
accordance 
8with this Section or falsely state or represent
that a person 
9is or has been in his or her employ. It is
unlawful for an 
10applicant for registered employment to file
with the 
11Department the fingerprints of a person other than
himself or 
12herself.

13 (h) Every employer shall obtain the identification card
of 
14every employee who terminates employment with him or her.

15 (i) Every employer shall maintain a separate roster of
the 
16names of all employees currently working in an armed
capacity 
17and submit the roster to the Department on request.

18 (j) No agency may employ any person to perform a
licensed 
19activity under this Act unless the person possesses a
valid 
20permanent employee registration card or a valid license
under 
21this Act, or is exempt pursuant to subsection (n).

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

23agency may employ a person in a temporary capacity if all of

24the following conditions are met:

25  (1) The agency completes in its entirety and
submits 
26 to the Department an application for a permanent
employee 
 
 
HB1270- 95 -LRB103 04864 RLC 49874 b


1 registration card, including the required fingerprint

2 receipt and fees.

3  (2) The agency has verification from the Department

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

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

13 to be issued a permanent employee registration card.

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

15 names of all employees whose applications are currently

16 pending with the Department and submits the roster to the

17 Department on a monthly basis. Rosters are to be 
18 maintained
by the agency for a period of at least 24 
19 months.

20 An agency may employ only a permanent employee applicant

21for which it either submitted a permanent employee application

22and all required forms and fees or it confirms with the

23Department that a permanent employee application and all

24required forms and fees have been submitted by another agency,

25licensee or the permanent employee and all other requirements

26of this Section are met.

 
 
HB1270- 96 -LRB103 04864 RLC 49874 b


1 The Department shall have the authority to revoke,
without 
2a hearing, the temporary authority of an individual to
work 
3upon receipt of Federal Bureau of Investigation
fingerprint 
4data or a report of another official authority
indicating a 
5criminal conviction. If the Department has not
received a 
6temporary employee's Federal Bureau of
Investigation 
7fingerprint data within 120 days of the date the
Department 
8received the Illinois State Police fingerprint
data, the 
9Department may, at its discretion, revoke the
employee's 
10temporary authority to work with 15 days written
notice to the 
11individual and the employing agency.

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

13if it knows or reasonably should have known that the person
has 
14been convicted of a crime under the laws of this State,
has 
15been convicted in another state of any crime that is a
crime 
16under the laws of this State, has been convicted of any
crime 
17in a federal court, or has been posted as an unapproved

18applicant by the Department. Notice by the Department to the

19agency, via certified mail, personal delivery, electronic

20mail, or posting on the Department's Internet site accessible

21to the agency that the person has been convicted of a crime

22shall be deemed constructive knowledge of the conviction on

23the part of the agency. The Department may adopt rules to

24implement this
subsection (k).

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

26capacity if:

 
 
HB1270- 97 -LRB103 04864 RLC 49874 b


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

2 the United States or any political subdivision for the 
3 time so
employed in addition to any payments he or she may 
4 receive
from the employer; or

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

6 official uniform, emblem of authority, or equipment while 
7 so
employed.

8 (m) If information is discovered affecting the

9registration of a person whose fingerprints were submitted

10under this Section, the Department shall so notify the agency

11that submitted the fingerprints on behalf of that person.

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

13of this Section relating to permanent employee registration

14cards. The agency shall remain responsible for any peace

15officer employed under this exemption, regardless of whether

16the peace officer is compensated as an employee or as an

17independent contractor and as further defined by rule.

18 (o) Persons who have no access to confidential or
security 
19information, who do not go to a client's or prospective 
20client's residence or place of business, and who otherwise do 
21not provide
traditional security services are exempt from 
22employee
registration. Examples of exempt employees include, 
23but are
not limited to, employees working in the capacity of 
24ushers,
directors, ticket takers, cashiers, drivers, and 
25reception
personnel. Confidential or security information is 
26that which
pertains to employee files, scheduling, client 
 
 
HB1270- 98 -LRB103 04864 RLC 49874 b


1contracts, or
technical security and alarm data.

2 (p) An applicant who is 21 years of age or older seeking a 
3religious exemption to the photograph requirement of this 
4Section shall furnish with the application an approved copy of 
5United States Department of the Treasury Internal Revenue 
6Service Form 4029. Regardless of age, an applicant seeking a 
7religious exemption to this photograph requirement shall 
8submit fingerprints in a form and manner prescribed by the 
9Department with his or her application in lieu of a 
10photograph. 
11(Source: P.A. 102-538, eff. 8-20-21.)





12 (225 ILCS 447/35-35)



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

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

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

16carrying, or possession of a firearm in the performance of

17those duties without complying with the provisions of this

18Section and having been issued a valid firearm control
card by 
19the Department.

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

21duties for which licensure or employee registration is 
22required and allow
that person to carry a firearm unless that 
23person has complied
with all the firearm training requirements 
24of this Section and
has been issued a firearm control card. 
25This Act
permits only the following to carry firearms while 
 
 
HB1270- 99 -LRB103 04864 RLC 49874 b


1actually
engaged in the performance of their duties or while 
2commuting
directly to or from their places of employment: 
3persons
licensed as private detectives and their registered 
4employees;
persons licensed as private security contractors 
5and their
registered employees; persons licensed as private 
6alarm
contractors and their registered employees; and 
7employees of a
registered armed proprietary security force.

8 (c) Possession of a valid firearm control
card
allows a 
9licensee or employee to carry a firearm not otherwise 
10prohibited
by law while the licensee or employee is engaged in 
11the performance of his
or her duties or while the licensee or 
12employee is commuting directly to
or from the licensee's or 
13employee's place or places of employment.

14 (d) The Department shall issue a firearm control
card to a 
15person who has passed an approved firearm training
course, who 
16is currently licensed or employed by an agency licensed by

17this Act and has met all the requirements of this Act, and who 
18is not prohibited under State or federal law from possessing a 
19firearm
possesses a valid firearm owner identification card.

20Application for the firearm control card shall be made
by the 
21employer to the Department on forms provided by the

22Department. The Department shall forward the card to the

23employer who shall be responsible for its issuance to the 
24licensee or
employee. The firearm control card shall be issued 
25by
the Department and shall identify the person holding it and

26the name of the course where the licensee or employee received 
 
 
HB1270- 100 -LRB103 04864 RLC 49874 b


1firearm
instruction and shall specify the type of weapon or 
2weapons
the person is authorized by the Department to carry 
3and for
which the person has been trained.

4 (e) Expiration and requirements for renewal of firearm 
5control cards shall be determined by rule.

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

7disciplinary action permitted by this Act, refuse to issue,

8suspend, or revoke a firearm control card if the
applicant or 
9holder has been convicted of any felony or crime
involving the 
10illegal use, carrying, or possession of a deadly
weapon or for 
11a violation of this Act or rules adopted promulgated
under 
12this Act. The Department shall refuse to issue or shall
revoke 
13a firearm control card if the applicant or holder is 
14prohibited under State or federal law from possessing a 
15firearm
fails to possess a valid firearm owners identification 
16card without hearing.
The Secretary shall summarily suspend a 
17firearm control
card if the Secretary finds that its continued 
18use would
constitute an imminent danger to the public. A 
19hearing shall
be held before the Board within 30 days if the 
20Secretary
summarily suspends a firearm control card.

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

22contrary, all requirements relating to firearms control
cards 
23do not apply to a peace officer. If an individual ceases to be 
24employed as a peace officer and continues to perform services 
25in an armed capacity under this Act that are licensed 
26activities, then the individual is required to obtain a 
 
 
HB1270- 101 -LRB103 04864 RLC 49874 b


1permanent employee registration card pursuant to Section 35-30 
2of this Act and must possess a valid Firearm Owner's 
3Identification Card, but is not required to obtain a firearm 
4control card if the individual is otherwise in continuing 
5compliance with the federal Law Enforcement Officers Safety 
6Act of 2004. If an individual elects to carry a firearm 
7pursuant to the federal Law Enforcement Officers Safety Act of 
82004, then the agency employing the officer is required to 
9submit a notice of that election to the Department along with a 
10fee specified by rule. 

11 (h) The Department may issue a temporary firearm control 
12card pending issuance of a new firearm control card upon an 
13agency's acquiring of an established armed account. An agency 
14that has acquired armed employees as a result of acquiring an 
15established armed account may, on forms supplied by the 
16Department, request the issuance of a temporary firearm 
17control card for each acquired employee who held a valid 
18firearm control card under his or her employment with the 
19newly acquired established armed account immediately preceding 
20the acquiring of the account and who continues to meet all of 
21the qualifications for issuance of a firearm control card set 
22forth in this Act and any rules adopted under this Act. The 
23Department shall, by rule, set the fee for issuance of a 
24temporary firearm control card.

25 (i) The Department shall not issue a firearm control card 
26to a licensed fingerprint vendor or a licensed locksmith or 
 
 
HB1270- 102 -LRB103 04864 RLC 49874 b


1employees of a licensed fingerprint vendor agency or a 
2licensed locksmith agency.

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


4 Section 46. The Illinois Gambling Act is amended by 
5changing Section 5.4 as follows:

6 (230 ILCS 10/5.4)
7 Sec. 5.4. Retiring investigators; purchase of service 
8firearm and badge. The Board shall establish a program to 
9allow an investigator appointed under paragraph (20.6) of 
10subsection (c) of Section 4 who is honorably retiring in good 
11standing to purchase either one or both of the following: (1) 
12any badge previously issued to the investigator by the Board; 
13or (2) if the investigator has a currently valid Firearm 
14Owner's Identification Card, the service firearm issued or 
15previously issued to the investigator by the Board. The badge 
16must be permanently and conspicuously marked in such a manner 
17that the individual who possesses the badge is not mistaken 
18for an actively serving law enforcement officer. The cost of 
19the firearm shall be the replacement value of the firearm and 
20not the firearm's fair market value.

21(Source: P.A. 102-719, eff. 5-6-22.)

22 Section 50. The Mental Health and Developmental 
23Disabilities Code is amended by changing Sections 1-106, 
 
 
HB1270- 103 -LRB103 04864 RLC 49874 b


16-103.1, 6-103.2, and 6-103.3 as follows:



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



3 Sec. 1-106. 
"Developmental disability" means a severe, 
4chronic disability, other than mental illness, found to be 
5closely related to an intellectual disability because this 
6condition results in impairment of general intellectual 
7functioning or adaptive behavior similar to that of persons 
8with ID, and requires services similar to those required for a 
9person with an intellectual disability. In addition, a 
10developmental disability: (1) is manifested before the 
11individual reaches 22 years of age; (2) is likely to continue 
12indefinitely; (3) results in substantial functional 
13limitations in three or more of the following areas of major 
14life activity: self-care, receptive and expressive language, 
15learning, mobility, self-direction, capacity for independent 
16living, or economic self-sufficiency; and (4) reflects the 
17individual's need for a combination and sequence of special 
18interdisciplinary or generic services, individualized 
19supports, or other forms of assistance that are of lifelong or 
20extended duration and are individually planned and 
21coordinated. This definition does not supersede the 
22"developmental disability" definition in Section 1.1 of the 
23Firearm Owners Identification Card Act which is required to be 
24applied under that Act for the purpose of mandatory reporting.

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


 
 
HB1270- 104 -LRB103 04864 RLC 49874 b


1 (405 ILCS 5/6-103.1)
2 Sec. 6-103.1. Adjudication as a person with a mental 
3disability. When a person has been adjudicated as a person 
4with a mental disability as defined in this Section Section 
51.1 of the Firearm Owners Identification Card Act, including, 
6but not limited to, an adjudication as a person with a 
7disability as defined in Section 11a-2 of the Probate Act of 
81975, the court shall direct
the circuit court clerk to notify 
9the
Illinois State Police, Firearm Owner's Identification

10(FOID) Office, in a form and manner prescribed by the Illinois 
11State Police, and shall forward a copy of the court order to 
12the Department no later than 7 days after the entry of the 
13order. Upon receipt of the order, the Illinois State Police 
14shall provide notification to the National Instant Criminal 
15Background Check System. In this Section, "has been 
16adjudicated as a person with a mental disability" means the 
17person is the subject of a determination by a court, board, 
18commission, or other lawful authority that the person, as a 
19result of marked subnormal intelligence, or mental illness, 
20mental impairment, incompetency, condition, or disease:

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

23  (2) lacks the mental capacity to manage his or her own 
24 affairs or is adjudicated a person with a disability as 
25 defined in Section 11a-2 of the Probate Act of 1975;
 
 
HB1270- 105 -LRB103 04864 RLC 49874 b


1  (3) is not guilty in a criminal case by reason of 
2 insanity, mental disease or defect;
3  (3.5) is guilty but mentally ill, as provided in 
4 Section 5-2-6 of the Unified Code of Corrections; 
5  (4) is unfit to stand trial in a criminal case;
6  (5) is not guilty by reason of lack of mental 
7 responsibility under Articles 50a and 72b of the Uniform 
8 Code of Military Justice, 10 U.S.C. 850a, 876b;
9  (6) is a sexually violent person under subsection (f) 
10 of Section 5 of the Sexually Violent Persons Commitment 
11 Act;
12  (7) is a sexually dangerous person under the Sexually 
13 Dangerous Persons Act;
14  (8) is unfit to stand trial under the Juvenile Court 
15 Act of 1987;
16  (9) is not guilty by reason of insanity under the

17 Juvenile Court Act of 1987;
18  (10) is a person subject to involuntary admission on 
19 an
inpatient basis as defined in Section 1-119 of the 
20 Mental Health and Developmental Disabilities Code;
21  (11) is a person subject to involuntary admission on 
22 an
outpatient basis as defined in Section 1-119.1 of the 
23 Mental Health and Developmental Disabilities Code;
24  (12) is subject to judicial admission as set forth in

25 Section 4-500 of the Mental Health and Developmental 
26 Disabilities Code; or
 
 
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1  (13) is subject to the provisions of the Interstate

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

4 (405 ILCS 5/6-103.2)
5 Sec. 6-103.2. Developmental disability; notice. If a 
6person 14 years old or older is determined to be a person with 
7a developmental disability by a physician, clinical 
8psychologist, or qualified examiner, the physician, clinical 
9psychologist, or qualified examiner shall notify the 
10Department of Human Services within 7 days of making the 
11determination that the person has a developmental disability. 
12The Department of Human Services shall immediately update its 
13records and information relating to mental health and 
14developmental disabilities, and if appropriate, shall notify 
15the Illinois State Police in a form and manner prescribed by 
16the Illinois State Police. Information disclosed under this 
17Section shall remain privileged and confidential, and shall 
18not be redisclosed, except as required under clause (e)(2) of 
19Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
20Section 3.1 of the Firearm Owners Identification Card Act, nor 
21used for any other purpose. The method of providing this 
22information shall guarantee that the information is not 
23released beyond that which is necessary for the purpose of 
24this Section and shall be provided by rule by the Department of 
25Human Services. The identity of the person reporting under 
 
 
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1this Section shall not be disclosed to the subject of the 
2report.
3 The physician, clinical psychologist, or qualified 
4examiner making the determination and his or her employer may 
5not be held criminally, civilly, or professionally liable for 
6making or not making the notification required under this 
7Section, except for willful or wanton misconduct.

8 In this Section, "person with a developmental disability" 
9has the meaning ascribed to it in Section 12 of the Mental 
10Health and Developmental Disabilities Confidentiality Act. 
11 In For purposes of this Section, "developmental 
12disability" means a disability which is attributable to any 
13other condition which results in impairment similar to that 
14caused by an intellectual disability and which requires 
15services similar to those required by intellectually disabled 
16persons. The disability must originate before the age of 18 
17years, be expected to continue indefinitely, and constitute a 
18substantial disability. This disability results, in the 
19professional opinion of a physician, clinical psychologist, or 
20qualified examiner, in significant functional limitations in 3 
21or more of the following areas of major life activity:
22  (i) self-care;
23  (ii) receptive and expressive language;
24  (iii) learning;
25  (iv) mobility; or
26  (v) self-direction.
 
 
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1 "Determined to be a person with a developmental disability 
2by a physician, clinical psychologist, or qualified examiner" 
3means in the professional opinion of the physician, clinical 
4psychologist, or qualified examiner, a person is diagnosed, 
5assessed, or evaluated as having a developmental disability. 
6(Source: P.A. 102-538, eff. 8-20-21.)

7 (405 ILCS 5/6-103.3)
8 Sec. 6-103.3. Clear and present danger; notice. If a 
9person is determined to pose a clear and present danger to 
10himself, herself, or to others by a physician, clinical 
11psychologist, or qualified examiner, whether employed by the 
12State, by any public or private mental health facility or part 
13thereof, or by a law enforcement official or a school 
14administrator, then the physician, clinical psychologist, 
15qualified examiner shall notify the Department of Human 
16Services and a law enforcement official or school 
17administrator shall notify the Illinois State Police, within 
1824 hours of making the determination that the person poses a 
19clear and present danger. The Department of Human Services 
20shall immediately update its records and information relating 
21to mental health and developmental disabilities, and if 
22appropriate, shall notify the Illinois State Police in a form 
23and manner prescribed by the Illinois State Police. 
24Information disclosed under this Section shall remain 
25privileged and confidential, and shall not be redisclosed, 
 
 
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1except as required under clause (e)(2) of Section 24-4.5 of 
2the Criminal Code of 2012 subsection (e) of Section 3.1 of the 
3Firearm Owners Identification Card Act, nor used for any other 
4purpose. The method of providing this information shall 
5guarantee that the information is not released beyond that 
6which is necessary for the purpose of this Section and shall be 
7provided by rule by the Department of Human Services. The 
8identity of the person reporting under this Section shall not 
9be disclosed to the subject of the report. The physician, 
10clinical psychologist, qualified examiner, law enforcement 
11official, or school administrator making the determination and 
12his or her employer shall not be held criminally, civilly, or 
13professionally liable for making or not making the 
14notification required under this Section, except for willful 
15or wanton misconduct. This Section does not apply to a law 
16enforcement official, if making the notification under this 
17Section will interfere with an ongoing or pending criminal 
18investigation.
19 For the purposes of this Section:
20  "Clear and present danger" means a person who: has the 
21 meaning ascribed to it in Section 1.1 of the Firearm 
22 Owners Identification Card Act.
23   (1) communicates a serious threat of physical

24 violence against a reasonably identifiable victim or 
25 poses a clear and imminent risk of serious physical 
26 injury to himself, herself, or another person as 
 
 
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1 determined by a physician, clinical psychologist, or 
2 qualified examiner; or
3   (2) demonstrates threatening physical or verbal

4 behavior, such as violent, suicidal, or assaultive 
5 threats, actions, or other behavior, as determined by 
6 a physician, clinical psychologist, qualified 
7 examiner, school administrator, or law enforcement 
8 official. 
9  "Physician", "clinical psychologist", and "qualified 
10 examiner" have the meanings ascribed to them in the Mental 
11 Health and Developmental Disabilities Code. 
12  "Determined to pose a clear and present danger to 
13 himself, herself, or to others by a physician, clinical 
14 psychologist, or qualified examiner" means in the 
15 professional opinion of the physician, clinical 
16 psychologist, or qualified examiner, a person poses a 
17 clear and present danger. 
18  "School administrator" means the person required to 
19 report under the School Administrator Reporting of Mental 
20 Health Clear and Present Danger Determinations Law.

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

22 Section 55. The Lead Poisoning Prevention Act is amended 
23by changing Section 2 as follows:



24 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


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

2 "Child care facility" means any structure used by a child 
3care
provider licensed by the Department of Children and 
4Family Services or
public or private school structure 
5frequented by children 6 years of
age or younger.

6 "Childhood Lead Risk Questionnaire" means the 
7questionnaire developed by the Department for use by 
8physicians and other health care providers to determine risk 
9factors for children 6 years of age or younger residing in 
10areas designated as low risk for lead exposure.
11 "Delegate agency" means a unit of local government or 
12health
department approved by the Department to carry out the 
13provisions of this Act.

14 "Department" means the Department of Public Health.

15 "Director" means the Director of Public Health. 

16 "Dwelling unit" means an individual unit within a 
17residential building used as living quarters for one 
18household. 
19 "Elevated blood lead level" means a blood lead level in 
20excess of the limits established under State rules. 
21 "Exposed surface" means any interior or exterior surface 
22of
a regulated facility. 
23 "High risk area" means an area in the State determined by 
24the Department to
be high risk for lead exposure for children 6 
25years of age or younger. The
Department may consider, but is 
26not limited to, the following factors to
determine a high risk 
 
 
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1area: age and condition (using Department of Housing and
Urban

2Development definitions of "slum" and "blighted") of housing, 
3proximity to
highway traffic or heavy local traffic or both, 
4percentage of housing
determined as rental or vacant, 
5proximity to industry using lead, established
incidence of 
6elevated blood lead levels in children, percentage of 
7population
living
below 200% of federal poverty guidelines, 
8and number of children residing in
the area who are 6 years of 
9age or younger.

10 "Lead abatement" means any approved work practices that 
11will permanently eliminate lead exposure or remove the 
12lead-bearing substances in a regulated facility. The 
13Department shall establish by rule which work practices are 
14approved or prohibited for lead abatement. 
15 "Lead abatement contractor" means any person or entity 
16licensed by the
Department to perform lead abatement and 
17mitigation.

18 "Lead abatement supervisor" means any person employed by a 
19lead abatement contractor and licensed by the Department to 
20perform lead abatement and lead mitigation and to supervise 
21lead workers who perform lead abatement and lead mitigation. 
22 "Lead abatement worker" means any person employed by a 
23lead abatement
contractor and licensed by the Department to 
24perform lead abatement and
mitigation.

25 "Lead activities" means the conduct of any lead services, 
26including, lead inspection, lead risk assessment, lead 
 
 
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1mitigation, or lead abatement work or supervision in a 
2regulated facility. 
3 "Lead-bearing substance" means any item containing or 
4coated with lead such that the lead content is more than 
5six-hundredths of one percent (0.06%) lead by total weight; or 
6any dust on surfaces or in
furniture or other nonpermanent 
7elements of the regulated facility; or any paint or
other 
8surface coating material containing more than five-tenths of 
9one
percent (0.5%) lead by total weight (calculated as lead 
10metal) in the total
non-volatile content of liquid paint; or 
11lead-bearing substances containing
greater than one milligram 
12per square centimeter or any lower standard for
lead content 
13in residential paint as may be established by federal law or 
14rule; or more than 1 milligram per square centimeter in the 
15dried
film of paint or previously applied substance; or item 
16or dust on item containing lead in
excess of the amount 
17specified in the rules authorized by
this Act or a lower 
18standard for lead content as may be established by
federal law 
19or rule. "Lead-bearing substance" does not include firearm 
20ammunition or components as defined by Section 2-7.1 of the 
21Criminal Code of 2012 the Firearm Owners Identification Card 
22Act.

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

24immediate health hazard to humans.

25 "Lead hazard screen" means a lead risk assessment that 
26involves limited dust and paint sampling for lead-bearing 
 
 
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1substances and lead hazards. This service is used as a 
2screening tool designed to determine if further lead 
3investigative services are required for the regulated 
4facility.
5 "Lead inspection" means a surface-by-surface investigation 
6to determine the presence of lead-based paint.
7 "Lead inspector" means an individual who has been trained 
8by a Department-approved training program and is licensed by 
9the Department to conduct lead inspections; to sample for the 
10presence of lead in paint, dust, soil, and water; and to 
11conduct compliance investigations. 
12 "Lead mitigation" means the remediation, in a
manner 
13described in Section 9, of a lead hazard so that the

14lead-bearing substance does not pose an immediate
health 
15hazard to humans. 
16 "Lead poisoning" means having an elevated blood lead 
17level.

18 "Lead risk assessment" means an on-site investigation to 
19determine the existence, nature, severity, and location of 
20lead hazards. "Lead risk assessment" includes any lead 
21sampling and visual assessment associated with conducting a 
22lead risk assessment and lead hazard screen and all lead 
23sampling associated with compliance investigations.
24 "Lead risk assessor" means an individual who has been 
25trained by a Department-approved training program and is 
26licensed by the Department to conduct lead risk assessments, 
 
 
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1lead inspections, and lead hazard screens; to sample for the 
2presence of lead in paint, dust, soil, water, and sources for 
3lead-bearing substances; and to conduct compliance 
4investigations.
5 "Lead training program provider" means any person 
6providing Department-approved lead training in Illinois to 
7individuals seeking licensure in accordance with the Act. 
8 "Low risk area" means an area in the State determined by

9the Department to be low risk for lead exposure for children 6 
10years of age or younger. The Department may consider the 
11factors named in "high risk area" to determine low
risk areas. 
12 "Owner" means any person, who alone, jointly, or severally 
13with
others:

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

15 without actual possession of the regulated facility, or

16  (b) Has charge, care, or control of the regulated 
17 facility as owner or agent of the owner, or as executor, 
18 administrator,
trustee, or guardian of the estate of the 
19 owner.

20 "Person" means any individual, partnership, firm, company, 
21limited liability company, corporation, association, joint 
22stock company, trust, estate, political subdivision, State 
23agency, or any other legal entity, or their legal 
24representative, agent, or assign.

25 "Regulated facility" means a residential building or child 
26care facility. 
 
 
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1 "Residential building" means any room, group of rooms, or 
2other
interior areas of a structure designed or used for human 
3habitation; common
areas accessible by inhabitants; and the 
4surrounding property or structures.

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


6 (430 ILCS 65/Act rep.)
7 Section 60. The Firearm Owners Identification Card Act is 
8repealed.

9 Section 65. The Firearm Concealed Carry Act is amended by 
10changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

11 (430 ILCS 66/25)

12 Sec. 25. Qualifications for a license. 
13 The Illinois State Police shall issue a license to an 
14applicant completing an application in accordance with Section 
1530 of this Act if the person:
16  (1) is at least 21 years of age;
17  (2) has a currently valid Firearm Owner's 
18 Identification Card and at the time of application meets 
19 the requirements for the issuance of a Firearm Owner's 
20 Identification Card and is not prohibited under State the 
21 Firearm Owners Identification Card Act or federal law from 
22 possessing or receiving a firearm;
23  (3) has not been convicted or found guilty in this 
 
 
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1 State or in any other state of:
2   (A) a misdemeanor involving the use or threat of 
3 physical force or violence to any person within the 5 
4 years preceding the date of the license application; 
5 or
6   (B) 2 or more violations related to driving while 
7 under the influence of alcohol, other drug or drugs, 
8 intoxicating compound or compounds, or any combination 
9 thereof, within the 5 years preceding the date of the 
10 license application;
11  (4) is not the subject of a pending arrest warrant, 
12 prosecution, or proceeding for an offense or action that 
13 could lead to disqualification to own or possess a 
14 firearm;
15  (5) has not been in residential or court-ordered 
16 treatment for alcoholism, alcohol detoxification, or drug 
17 treatment within the 5 years immediately preceding the 
18 date of the license application; and
19  (6) has completed firearms training and any education 
20 component required under Section 75 of this Act.

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

22 (430 ILCS 66/30)

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

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

22 (430 ILCS 66/40)

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

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

7 applicable; and
8  (3) is not in possession of a license under this Act.
9 If the non-resident leaves his or her vehicle unattended, 
10he or she shall store the firearm within a locked vehicle or 
11locked container within the vehicle in accordance with 
12subsection (b) of Section 65 of this Act.

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

14 (430 ILCS 66/66)
15 Sec. 66. Illinois State Police to monitor databases for 
16firearms prohibitors. The Illinois State Police shall 
17continuously monitor relevant State and federal databases for 
18firearms prohibitors and correlate those records with 
19concealed carry license holders to ensure compliance with this 
20Act and any other State and federal laws. As used in this 
21Section, "firearms prohibitor" means any factor listed in 
22Section 8 or Section 8.2 of the Firearm Owners Identification 
23Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
24that prohibits a person from transferring or possessing a 
25firearm, firearm ammunition, Firearm Owner's Identification 
 
 
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1Card, or concealed carry license.

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

3 (430 ILCS 66/70)
4 Sec. 70. Violations. 
5 (a) A license issued or renewed under this Act shall be 
6revoked if, at any time, the licensee is found to be ineligible 
7for a license under this Act or the licensee is prohibited from 
8possessing a firearm under State or federal law no longer 
9meets the eligibility requirements of the Firearm Owners 
10Identification Card Act.
11 (b) A license shall be suspended if an order of 
12protection, including an emergency order of protection, 
13plenary order of protection, or interim order of protection 
14under Article 112A of the Code of Criminal Procedure of 1963 or 
15under the Illinois Domestic Violence Act of 1986, or if a 
16firearms restraining order, including an emergency firearms 
17restraining order, under the Firearms Restraining Order Act, 
18is issued against a licensee for the duration of the order, or 
19if the Illinois State Police is made aware of a similar order 
20issued against the licensee in any other jurisdiction. If an 
21order of protection is issued against a licensee, the licensee 
22shall surrender the license, as applicable, to the court at 
23the time the order is entered or to the law enforcement agency 
24or entity serving process at the time the licensee is served 
25the order. The court, law enforcement agency, or entity 
 
 
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1responsible for serving the order of protection shall notify 
2the Illinois State Police within 7 days and transmit the 
3license to the Illinois State Police.
4 (c) A license is invalid upon expiration of the license, 
5unless the licensee has submitted an application to renew the 
6license, and the applicant is otherwise eligible to possess a 
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while 
9under the influence of alcohol, other drug or drugs, 
10intoxicating compound or combination of compounds, or any 
11combination thereof, under the standards set forth in 
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be 
14guilty of a Class A misdemeanor for a first or second violation 
15and a Class 4 felony for a third violation. The Illinois State 
16Police may suspend a license for up to 6 months for a second 
17violation and shall permanently revoke a license for a third 
18violation.
19 (e) Except as otherwise provided, a licensee in violation 
20of this Act shall be guilty of a Class B misdemeanor. A second 
21or subsequent violation is a Class A misdemeanor. The Illinois 
22State Police may suspend a license for up to 6 months for a 
23second violation and shall permanently revoke a license for 3 
24or more violations of Section 65 of this Act. Any person 
25convicted of a violation under this Section shall pay a $150 
26fee to be deposited into the Mental Health Reporting Fund, 
 
 
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1plus any applicable court costs or fees.
2 (f) A licensee convicted or found guilty of a violation of 
3this Act who has a valid license and is otherwise eligible to 
4carry a concealed firearm shall only be subject to the 
5penalties under this Section and shall not be subject to the 
6penalties under Section 21-6, paragraph (4), (8), or (10) of 
7subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
8of paragraph (3) of subsection (a) of Section 24-1.6 of the 
9Criminal Code of 2012. Except as otherwise provided in this 
10subsection, nothing in this subsection prohibits the licensee 
11from being subjected to penalties for violations other than 
12those specified in this Act.
13 (g) A licensee whose license is revoked, suspended, or 
14denied shall, within 48 hours of receiving notice of the 
15revocation, suspension, or denial, surrender his or her 
16concealed carry license to the local law enforcement agency 
17where the person resides. The local law enforcement agency 
18shall provide the licensee a receipt and transmit the 
19concealed carry license to the Illinois State Police. If the 
20licensee whose concealed carry license has been revoked, 
21suspended, or denied fails to comply with the requirements of 
22this subsection, the law enforcement agency where the person 
23resides may petition the circuit court to issue a warrant to 
24search for and seize the concealed carry license in the 
25possession and under the custody or control of the licensee 
26whose concealed carry license has been revoked, suspended, or 
 
 
HB1270- 127 -LRB103 04864 RLC 49874 b


1denied. The observation of a concealed carry license in the 
2possession of a person whose license has been revoked, 
3suspended, or denied constitutes a sufficient basis for the 
4arrest of that person for violation of this subsection. A 
5violation of this subsection is a Class A misdemeanor.
6 (h) (Blank). Except as otherwise provided in subsection 
7(h-5), a license issued or renewed under this Act shall be 
8revoked if, at any time, the licensee is found ineligible for a 
9Firearm Owner's Identification Card, or the licensee no longer 
10possesses a valid Firearm Owner's Identification Card. If the 
11Firearm Owner's Identification Card is expired or suspended 
12rather than denied or revoked, the license may be suspended 
13for a period of up to one year to allow the licensee to 
14reinstate his or her Firearm Owner's Identification Card. The 
15Illinois State Police shall adopt rules to enforce this 
16subsection. A licensee whose license is revoked under this 
17subsection (h) shall surrender his or her concealed carry 
18license as provided for in subsection (g) of this Section. 
19 This subsection shall not apply to a person who has filed 
20an application with the Illinois State Police for renewal of a 
21Firearm
Owner's Identification Card and who is not otherwise 
22ineligible to obtain a Firearm Owner's Identification Card.

23 (h-5) (Blank). If the Firearm Owner's Identification Card 
24of a
licensee under this Act expires during the term of the 
25license
issued under this Act, the license and the Firearm 
26Owner's
Identification Card remain valid, and the Illinois 
 
 
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1State Police
may automatically renew the licensee's Firearm 
2Owner's
Identification Card as provided in subsection (c) of 
3Section 5
of the Firearm Owners Identification Card Act.
4 (i) A certified firearms instructor who knowingly provides 
5or offers to provide a false certification that an applicant 
6has completed firearms training as required under this Act is 
7guilty of a Class A misdemeanor. A person guilty of a violation 
8of this subsection (i) is not eligible for court supervision. 
9The Illinois State Police shall permanently revoke the 
10firearms instructor certification of a person convicted under 
11this subsection (i). 
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
13102-813, eff. 5-13-22.)

14 (430 ILCS 66/80)
15 Sec. 80. Certified firearms instructors. 
16 (a) Within 60 days of the effective date of this Act, the 
17Illinois State Police shall begin approval of certified 
18firearms instructors and enter certified firearms instructors 
19into an online registry on the Illinois State Police's 
20website.
21 (b) A person who is not a certified firearms instructor 
22shall not teach applicant training courses or advertise or 
23otherwise represent courses they teach as qualifying their 
24students to meet the requirements to receive a license under 
25this Act. Each violation of this subsection is a business 
 
 
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1offense with a fine of at least $1,000 per violation.
2 (c) A person seeking to become a certified firearms 
3instructor shall:
4  (1) be at least 21 years of age;
5  (2) be a legal resident of the United States; and
6  (3) meet the requirements of Section 25 of this Act, 
7 except for the Illinois residency
requirement in item 
8 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
9 the Firearm
Owners Identification Card Act; and any 
10 additional uniformly applied requirements established by 
11 the Illinois State Police.
12 (d) A person seeking to become a certified firearms 
13instructor, in addition to the requirements of subsection (c) 
14of this Section, shall:
15  (1) possess a high school diploma or State of Illinois 
16 High School Diploma; and
17  (2) have at least one of the following valid firearms 
18 instructor certifications:
19   (A) certification from a law enforcement agency;
20   (B) certification from a firearm instructor course 
21 offered by a State or federal governmental agency;
22   (C) certification from a firearm instructor 
23 qualification course offered by the Illinois Law 
24 Enforcement Training Standards Board; or
25   (D) certification from an entity approved by the 
26 Illinois State Police that offers firearm instructor 
 
 
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1 education and training in the use and safety of 
2 firearms.
3 (e) A person may have his or her firearms instructor 
4certification denied or revoked if he or she does not meet the 
5requirements to obtain a license under this Act, provides 
6false or misleading information to the Illinois State Police, 
7or has had a prior instructor certification revoked or denied 
8by the Illinois State Police.

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

10 (430 ILCS 66/105)

11 Sec. 105. Duty of school administrator. It is the duty of 
12the principal
of a public elementary or secondary school, or 
13his or her designee, and the
chief administrative officer of a 
14private elementary or secondary school or a
public or private 
15community college, college, or university, or his or her

16designee, to report to the Illinois State Police when a 
17student is determined to pose a clear and present danger to 
18himself, herself, or to others, within 24 hours of
the 
19determination as provided in Section 6-103.3 of the Mental 
20Health and Developmental Disabilities Code. "Clear and present 
21danger" has the meaning as provided in paragraph (2) of the 
22definition of "clear and present danger" in Section 6-103.3 of 
23the Mental Health and Developmental Disabilities Code 1.1 of 
24the Firearm Owners Identification Card Act.

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

 
 
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1 Section 66. The Firearms Restraining Order Act is amended 
2by changing Sections 35 and 40 as follows:



3 (430 ILCS 67/35)



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

5 (a) A petitioner may request an emergency firearms 
6restraining order by filing an affidavit or verified pleading 
7alleging that the respondent poses an immediate and present 
8danger of causing personal injury to himself, herself, or 
9another by having in his or her custody or control, 
10purchasing, possessing, or receiving a firearm, ammunition, or 
11firearm parts
that could be assembled to make an operable 
12firearm. The petition shall also describe the type and 
13location of any firearm or firearms, ammunition, or firearm 
14parts
that could be assembled to make an operable firearm 
15presently believed by the petitioner to be possessed or 
16controlled by the respondent.

17 (b) If the respondent is alleged to pose an immediate and 
18present danger of causing personal injury to an intimate 
19partner, or an intimate partner is alleged to have been the 
20target of a threat or act of violence by the respondent, the 
21petitioner shall make a good faith effort to provide notice to 
22any and all intimate partners of the respondent. The notice 
23must include that the petitioner intends to petition the court 
24for an emergency firearms restraining order, and, if the 
 
 
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1petitioner is a law enforcement officer, referral to relevant 
2domestic violence or stalking advocacy or counseling 
3resources, if appropriate. The petitioner shall attest to 
4having provided the notice in the filed affidavit or verified 
5pleading. If, after making a good faith effort, the petitioner 
6is unable to provide notice to any or all intimate partners, 
7the affidavit or verified pleading should describe what 
8efforts were made.
9 (c) Every person who files a petition for an emergency 
10firearms restraining order, knowing the information provided 
11to the court at any hearing or in the affidavit or verified 
12pleading to be false, is guilty of perjury under Section 32-2 
13of the Criminal Code of 2012.

14 (d) An emergency firearms restraining order shall be 
15issued on an ex parte basis, that is, without notice to the 
16respondent.

17 (e) An emergency hearing held on an ex parte basis shall be 
18held the same day that the petition is filed or the next day 
19that the court is in session.

20 (f) If a circuit or associate judge finds probable cause 
21to believe that the respondent poses an immediate and present 
22danger of causing personal injury to himself, herself, or 
23another by having in his or her custody or control, 
24purchasing, possessing, or receiving a firearm, ammunition, or 
25firearm parts
that could be assembled to make an operable 
26firearm, the circuit or associate judge shall issue an 
 
 
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1emergency order.

2 (f-5) If the court issues an emergency firearms 
3restraining order, it shall, upon a finding of probable cause 
4that the respondent possesses firearms, ammunition, or firearm 
5parts
that could be assembled to make an operable firearm, 
6issue a search warrant directing a law enforcement agency to 
7seize the respondent's firearms, ammunition, and firearm parts 
8that could
be assembled to make an operable firearm. The court 
9may, as part of that warrant, direct the law enforcement 
10agency to search the respondent's residence and other places 
11where the court finds there is probable cause to believe he or 
12she is likely to possess the firearms, ammunition, or firearm 
13parts
that could be assembled to make an operable firearm. A 
14return of the search warrant shall be filed by the law 
15enforcement agency within 4 days thereafter, setting forth the 
16time, date, and location that the search warrant was executed 
17and what items, if any, were seized. 
18 (g) An emergency firearms restraining order shall require:

19  (1) the respondent to refrain from having in his or 
20 her custody or control, purchasing, possessing, or 
21 receiving additional firearms, ammunition, or firearm 
22 parts that could be assembled to make an operable firearm, 
23 or removing firearm parts that could be assembled to make 
24 an operable firearm for the duration of the order under 
25 Section 8.2 of the Firearm Owners Identification Card Act;

26 and
 
 
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1  (2) the respondent to comply with Section 9.5 of the 
2 Firearm Owners Identification Card Act and subsection (g) 
3 of Section 70 of the Firearm Concealed Carry Act.
4 (h) Except as otherwise provided in subsection (h-5) of 
5this Section, upon expiration of the period of safekeeping, if 
6the firearms, ammunition, and firearm parts that could
be 
7assembled to make an operable firearm or Firearm Owner's 
8Identification Card and concealed carry license cannot be 
9returned to the respondent because the respondent cannot be 
10located, fails to respond to requests to retrieve the 
11firearms, or is not lawfully eligible to possess a firearm, 
12ammunition, or firearm parts
that could be assembled to make 
13an operable firearm, upon petition from the local law 
14enforcement agency, the court may order the local law 
15enforcement agency to destroy the firearms, ammunition, and 
16firearm parts that could
be assembled to make an operable 
17firearm, use the firearms, ammunition, and firearm parts that 
18could
be assembled to make an operable firearm for training 
19purposes, or use the firearms, ammunition, and firearm parts 
20that could
be assembled to make an operable firearm for any 
21other application as deemed appropriate by the local law 
22enforcement agency.

23 (h-5) On or before January 1, 2022, a respondent whose 
24firearms have been turned over to a local law enforcement 
25agency Firearm Owner's Identification Card has been revoked or 
26suspended may petition the court, if the petitioner is present 
 
 
HB1270- 135 -LRB103 04864 RLC 49874 b


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


11(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
12102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
135-13-22.)



14 (430 ILCS 67/40)



15 Sec. 40. Six-month orders.

16 (a) A petitioner may request a 6-month firearms 
17restraining order by filing an affidavit or verified pleading 
18alleging that the respondent poses a significant danger of 
19causing personal injury to himself, herself, or another in the 
20near future by having in his or her custody or control, 
21purchasing, possessing, or receiving a firearm, ammunition, 
22and firearm parts that could
be assembled to make an operable 
23firearm. The petition shall also describe the number, types, 
24and locations of any firearms, ammunition, and firearm parts 
25that could
be assembled to make an operable firearm presently 
 
 
HB1270- 138 -LRB103 04864 RLC 49874 b


1believed by the petitioner to be possessed or controlled by 
2the respondent.

3 (b) If the respondent is alleged to pose a significant 
4danger of causing personal injury to an intimate partner, or 
5an intimate partner is alleged to have been the target of a 
6threat or act of violence by the respondent, the petitioner 
7shall make a good faith effort to provide notice to any and all 
8intimate partners of the respondent. The notice must include 
9that the petitioner intends to petition the court for a 
106-month firearms restraining order, and, if the petitioner is 
11a law enforcement officer, referral to relevant domestic 
12violence or stalking advocacy or counseling resources, if 
13appropriate. The petitioner shall attest to having provided 
14the notice in the filed affidavit or verified pleading. If, 
15after making a good faith effort, the petitioner is unable to 
16provide notice to any or all intimate partners, the affidavit 
17or verified pleading should describe what efforts were made.
18 (c) Every person who files a petition for a 6-month 
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) Upon receipt of a petition for a 6-month firearms 
24restraining order, the court shall order a hearing within 30 
25days.

26 (e) In determining whether to issue a firearms restraining 
 
 
HB1270- 139 -LRB103 04864 RLC 49874 b


1order under this Section, the court shall consider evidence 
2including, but not limited to, the following:

3  (1) The unlawful and reckless use, display, or 
4 brandishing of a firearm, ammunition, and firearm parts 
5 that could
be assembled to make an operable firearm by the 
6 respondent.

7  (2) The history of use, attempted use, or threatened 
8 use of physical force by the respondent against another 
9 person.

10  (3) Any prior arrest of the respondent for a felony 
11 offense.
12  (4) Evidence of the abuse of controlled substances or 
13 alcohol by the respondent.
14  (5) A recent threat of violence or act of violence by 
15 the respondent directed toward himself, herself, or 
16 another.
17  (6) A violation of an emergency order of protection 
18 issued under Section 217 of the Illinois Domestic Violence 
19 Act of 1986 or Section 112A-17 of the Code of Criminal 
20 Procedure of 1963 or of an order of protection issued 
21 under Section 214 of the Illinois Domestic Violence Act of 
22 1986 or Section 112A-14 of the Code of Criminal Procedure 
23 of 1963.

24  (7) A pattern of violent acts or violent threats, 
25 including, but not limited to, threats of violence or acts 
26 of violence by the respondent directed toward himself, 
 
 
HB1270- 140 -LRB103 04864 RLC 49874 b


1 herself, or another.
2 (f) At the hearing, the petitioner shall have the burden 
3of proving, by clear and convincing evidence, that the 
4respondent poses a significant danger of personal injury to 
5himself, herself, or another by having in his or her custody or 
6control, purchasing, possessing, or receiving a firearm, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm.
9 (g) If the court finds that there is clear and convincing 
10evidence to issue a firearms restraining order, the court 
11shall issue a firearms restraining order that shall be in 
12effect for 6 months subject to renewal under Section 45 of this 
13Act or termination under that Section. 
14 (g-5) If the court issues a 6-month firearms restraining 
15order, it shall, upon a finding of probable cause that the 
16respondent possesses firearms, ammunition, and firearm parts 
17that could
be assembled to make an operable firearm, issue a 
18search warrant directing a law enforcement agency to seize the 
19respondent's firearms, ammunition, and firearm parts that 
20could
be assembled to make an operable firearm. The court may, 
21as part of that warrant, direct the law enforcement agency to 
22search the respondent's residence and other places where the 
23court finds there is probable cause to believe he or she is 
24likely to possess the firearms, ammunition, and firearm parts 
25that could
be assembled to make an operable firearm. A return 
26of the search warrant shall be filed by the law enforcement 
 
 
HB1270- 141 -LRB103 04864 RLC 49874 b


1agency within 4 days thereafter, setting forth the time, date, 
2and location that the search warrant was executed and what 
3items, if any, were seized. 
4 (h) A 6-month firearms restraining order shall require:
5  (1) the respondent to refrain from having in his or 
6 her custody or control, purchasing, possessing, or 
7 receiving additional firearms, ammunition, and firearm 
8 parts that could
be assembled to make an operable firearm 
9 for the duration of the order under Section 8.2 of the 
10 Firearm Owners Identification Card Act; and
11  (2) the respondent to comply with Section 9.5 of the 
12 Firearm Owners Identification Card Act and subsection (g) 
13 of Section 70 of the Firearm Concealed Carry Act.
14 (i) Except as otherwise provided in subsection (i-5) of 
15this Section, upon expiration of the period of safekeeping, if 
16the firearms, ammunition, and firearm parts that could
be 
17assembled to make an operable firearm or Firearm Owner's 
18Identification Card cannot be returned to the respondent 
19because the respondent cannot be located, fails to respond to 
20requests to retrieve the firearms, ammunition, and firearm 
21parts that could
be assembled to make an operable firearm, or 
22is not lawfully eligible to possess a firearm, ammunition, and 
23firearm parts that could
be assembled to make an operable 
24firearm, upon petition from the local law enforcement agency, 
25the court may order the local law enforcement agency to 
26destroy the firearms, ammunition, and firearm parts that could 
 
 
HB1270- 142 -LRB103 04864 RLC 49874 b


1be assembled to make an operable firearm, use the firearms, 
2ammunition, and firearm parts that could
be assembled to make 
3an operable firearm for training purposes, or use the 
4firearms, ammunition, and firearm parts that could
be 
5assembled to make an operable firearm for any other 
6application as deemed appropriate by the local law enforcement 
7agency.
8 (i-5) A respondent whose Firearm Owner's Identification 
9Card has been revoked or suspended may petition the court, if 
10the petitioner is present in court or has notice of the 
11respondent's petition, to transfer the respondent's firearm, 
12ammunition, and firearm parts that could
be assembled to make 
13an operable firearm to a person who is lawfully able to possess 
14the firearm, ammunition, and firearm parts that could
be 
15assembled to make an operable firearm if the person does not 
16reside at the same address as the respondent. Notice of the 
17petition shall be served upon the person protected by the 
18emergency firearms restraining order. While the order is in 
19effect, the transferee who receives the respondent's firearms, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm must swear or affirm by affidavit that he 
22or she shall not transfer the firearm, ammunition, and firearm 
23parts that could
be assembled to make an operable firearm to 
24the respondent or to anyone residing in the same residence as 
25the respondent.
26 (i-6) If a person other than the respondent claims title 
 
 
HB1270- 143 -LRB103 04864 RLC 49874 b


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 
 
 
HB1270- 144 -LRB103 04864 RLC 49874 b


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 (j) If the court does not issue a firearms restraining 
12order at the hearing, the court shall dissolve any emergency 
13firearms restraining order then in effect.
14 (k) When the court issues a firearms restraining order 
15under this Section, the court shall inform the respondent that 
16he or she is entitled to one hearing during the period of the 
17order to request a termination of the order, under Section 45 
18of this Act, and shall provide the respondent with a form to 
19request a hearing. 

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 Section 70. The Firearm Dealer License Certification Act 
24is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
25follows:

 
 
HB1270- 145 -LRB103 04864 RLC 49874 b


1 (430 ILCS 68/5-20)

2 Sec. 5-20. Additional licensee requirements. 
3 (a) A certified licensee shall make a photo copy of a 
4buyer's or transferee's valid photo identification card 
5whenever a firearm sale transaction takes place. The photo 
6copy shall be attached to the documentation detailing the 
7record of sale.
8 (b) A certified licensee shall post in a conspicuous 
9position on the premises where the licensee conducts business 
10a sign that contains the following warning in block letters 
11not less than one inch in height:
12  "With few exceptions enumerated in the Criminal Code 
13 of 2012 Firearm Owners Identification Card Act, it is 
14 unlawful for you to:
15   (A) store or leave an unsecured firearm in a place 
16 where a child can obtain access to it;

17   (B) sell or transfer your firearm to someone else 
18 without receiving approval for the transfer from the 
19 Illinois State Police, or
20   (C) fail to report the loss or theft of your 
21 firearm to local law enforcement within 72 hours.".
22This sign shall be created by the Illinois State Police and 
23made available for printing or downloading from the Illinois 
24State Police's website.
25 (c) No retail location established after the effective 
 
 
HB1270- 146 -LRB103 04864 RLC 49874 b


1date of this Act shall be located within 500 feet of any 
2school, pre-school, or day care facility in existence at its 
3location before the retail location is established as measured 
4from the nearest corner of the building holding the retail 
5location to the corner of the school, pre-school, or day care 
6facility building nearest the retail location at the time the 
7retail location seeks licensure.

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

9 (430 ILCS 68/5-25)

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

11to the certification of a license do not apply to a
person or 
12entity that engages in the following
activities:
13  (1) temporary transfers of firearms solely for use at 
14 the
location or on the premises where the transfer takes 
15 place,
such as transfers at a shooting range for use at 
16 that location;
17  (2) temporary transfers of firearms solely for use 
18 while in
the presence of the transferor or transfers for 
19 the
purposes of firearm safety training by a firearms 
20 safety training instructor;
21  (3) transfers of firearms among immediate family or

22 household members, as "immediate family or household 
23 member" is
defined in Section 3-2.7-10 of the Unified Code 
24 of Corrections, provided that both the transferor and 
25 transferee are not prohibited from possessing a firearm 
 
 
HB1270- 147 -LRB103 04864 RLC 49874 b


1 under federal or State law have a currently valid Firearm 
2 Owner's Identification Card; however, this paragraph (3) 
3 does not limit the familial gift exemption under paragraph 
4 (2) of subsection (a-15) of Section 3 of the Firearm 
5 Owners Identification Card Act;
6  (4) transfers by persons or entities acting under 
7 operation
of law or a court order;
8  (5) transfers by persons or entities liquidating all 
9 or
part of a collection. For purposes of this paragraph 
10 (5),
"collection" means 2 or more firearms which are of 
11 special
interest to collectors by reason of some quality 
12 other than is
associated with firearms intended for 
13 sporting use or as
offensive or defensive weapons;
14  (6) transfers of firearms that have been rendered

15 permanently inoperable to a nonprofit historical society,

16 museum, or institutional collection;
17  (7) transfers by a law enforcement or corrections 
18 agency or
a law enforcement or corrections officer acting 
19 within the
course and scope of his or her official duties;
20  (8) (blank); transfers to a State or local law 
21 enforcement agency by a person who has his or her Firearm

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

24 federal law, between collectors licensed under subsection 
25 (b)
of Section 923 of the federal Gun Control Act of 1968;
26  (10) transfers by a person or entity licensed as an 
 
 
HB1270- 148 -LRB103 04864 RLC 49874 b


1 auctioneer under the Auction License Act;
2  (10.5) transfers of firearms to a resident registered 
3 competitor or attendee or non-resident registered 
4 competitor or attendee by a licensed federal firearms 
5 dealer under Section 923 of the federal Gun Control Act of 
6 1968 at a competitive shooting event held at the World 
7 Shooting and Recreational Complex that is sanctioned by a 
8 national governing body; or 
9  (11) transfers between a pawnshop and a customer which 
10 amount to a bailment. For purposes of this paragraph (11), 
11 "bailment" means the act of placing property in the 
12 custody and control of another, by agreement in which the 
13 holder is responsible for the safekeeping and return of 
14 the property. 

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

16 (430 ILCS 68/5-40)

17 Sec. 5-40. Qualifications for operation. 
18 (a) Each certified licensee shall submit with each 
19application for certification or renewal an affidavit to the 
20Illinois State Police stating that each owner, employee, or 
21other agent of the certified licensee who sells or conducts 
22transfers of firearms for the certified licensee is at least 
2321 years of age, has a currently valid Firearm Owner's 
24Identification Card and, for a renewal, has completed the 
25training required under Section 5-30. The affidavit must also 
 
 
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1contain the name and Firearm Owner's Identification Card 
2number of each owner, employee, or other agent who sells or 
3conducts transfers of firearms for the certified licensee. If 
4an owner, employee, or other agent of the certified licensee 
5is not otherwise a resident of this State, the certified 
6licensee shall submit an affidavit stating that the owner, 
7employee, or other agent has undergone a background check and 
8is not prohibited from owning or possessing firearms.
9 (b) In addition to the affidavit required under subsection 
10(a), within 30 days of a new owner, employee, or other agent 
11beginning selling or conducting transfers of firearms for the 
12certified licensee, the certified licensee shall submit an 
13affidavit to the Illinois State Police stating the date that 
14the new owner, employee, or other agent began selling or 
15conducting transfers of firearms for the certified licensee, 
16and providing the information required in subsection (a) for 
17that new owner, employee, or other agent.
18 (c) If a certified licensee has a license, certificate, or 
19permit to sell, lease, transfer, purchase, or possess firearms 
20issued by the federal government or the government of any 
21state revoked or suspended for good cause within the preceding 
224 years, the Illinois State Police may consider revoking or 
23suspending the certified licenses in this State. In making a 
24determination of whether or not to revoke or suspend a 
25certified license in this State, the Illinois State Police 
26shall consider the number of retail locations the certified 
 
 
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1licensee or any related person or entity operates in this 
2State or in other states under the same or different business 
3names, and the severity of the infraction in the state in which 
4a license was revoked or suspended.
5 (d) Applications and affidavits required under this 
6Section are not subject to disclosure by the Illinois State 
7Police under the Freedom of Information Act.

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

9 (430 ILCS 68/5-85)

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

125-15, the Illinois State Police may
refuse to renew or

13restore, or may reprimand, place on probation, suspend, 
14revoke,
or take other disciplinary or non-disciplinary action 
15against
any licensee, and may impose a fine commensurate with 
16the severity of the violation not to exceed $10,000 for each

17violation for any of the following, consistent with the 
18Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
19through 7903:

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

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

23 demonstrates incapacity or incompetency to practice under

24 this Act.

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

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

3 response to a written request made by the Illinois State 
4 Police.

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

6 contendere to any crime that disqualifies the person from

7 obtaining a firearm valid Firearm Owner's Identification 
8 Card.

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

10 unfit to practice due to any of the following:

11   (A) Any circumstance that disqualifies the person

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

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

15 defined in law as controlled substances, alcohol, or

16 any other substance that results in the inability to

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

19 for any firearms sold or transferred illegally.

20  (8) Discipline by another United States jurisdiction,

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

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

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

25 licensee by the Illinois State Police.

26  (10) A finding by the Illinois State Police that the 
 
 
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1 licensee,
after having his or her certified license placed 
2 on probationary
status, has violated the terms of 
3 probation.

4  (11) A fraudulent or material misstatement in the 
5 completion of an affirmative obligation or inquiry by law 
6 enforcement.
7 (b) All fines imposed under this Section shall be paid

8within 90 days after the effective date of the final order 
9imposing
the fine.

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

11 Section 75. The Wildlife Code is amended by changing 
12Sections 3.2 and 3.2a as follows:




13 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



14 Sec. 3.2. Hunting license; application; instruction. 
15Before the
Department or any county, city, village, township, 
16incorporated town clerk
or his duly designated agent or any 
17other person authorized or designated
by the Department to 
18issue hunting licenses shall issue a hunting license
to any 
19person, the person shall file his application with the 
20Department or
other party authorized to issue licenses on a 
21form provided by the
Department and further give definite 
22proof of identity and place of legal
residence. Each clerk 
23designating agents to issue licenses and stamps
shall furnish 
24the Department, within 10 days following the appointment, the

 
 
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1names and mailing addresses of the agents. Each clerk or his 
2duly
designated agent shall be authorized to sell licenses and 
3stamps only
within the territorial area for which he was 
4elected or appointed. No duly
designated agent is authorized 
5to furnish licenses or stamps for
issuance by any other 
6business establishment. Each
application shall be executed and 
7sworn to and shall set forth the name
and description of the 
8applicant and place of residence.

9 No hunting license shall be issued to any person born on or 
10after January
1,
1980
unless he presents the person authorized 
11to issue the license
evidence that he has held a hunting 
12license issued by the State of Illinois
or another state in a 
13prior year, or a certificate of competency as
provided in this 
14Section. Persons under 18 years of age may be issued a
Lifetime 
15Hunting or Sportsmen's Combination License as provided under 
16Section
20-45 of the Fish and Aquatic Life Code but shall not 
17be entitled to hunt alone, without the supervision of an adult 
18age 21 or older,
unless they have a certificate of competency 
19as provided in this Section and
the certificate is in their 
20possession while hunting.

21 The Department of Natural Resources shall authorize

22personnel of the
Department or certified volunteer instructors 
23to conduct courses, of not
less than 10 hours in length, in 
24firearms and hunter safety, which may include
training in bow 
25and arrow safety, at regularly specified intervals throughout

26the State. Persons successfully completing the course shall 
 
 
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1receive a
certificate of competency. The Department of Natural 
2Resources may further
cooperate with any reputable association 
3or organization in establishing
courses if the organization 
4has as one of its objectives the promotion of
safety in the 
5handling of firearms or bow and arrow.

6 The Department of Natural Resources shall designate any

7person found by it
to be competent to give instruction in the 
8handling of firearms, hunter
safety, and bow and arrow. The 
9persons so appointed shall give the
course of instruction and 
10upon the successful completion shall
issue to the person 
11instructed a certificate of competency in the safe
handling of 
12firearms, hunter safety, and bow and arrow. No charge shall
be 
13made for any course of instruction except for materials or 
14ammunition
consumed. The Department of Natural Resources shall

15furnish information on
the requirements of hunter safety 
16education programs to be distributed
free of charge to 
17applicants for hunting licenses by the persons
appointed and 
18authorized to issue licenses. Funds for the conducting of

19firearms and hunter safety courses shall be taken from the fee 
20charged
for the Firearm Owners Identification Card.

21 The fee for a hunting license to hunt all species for a 
22resident of
Illinois is $12. For residents age 65 or older, 
23and, commencing with the 2012 license year, resident veterans 
24of the United States Armed Forces after returning from service 
25abroad or mobilization by the President of the United States 
26as an active duty member of the United States Armed Forces, the 
 
 
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1Illinois National Guard, or the Reserves of the United States 
2Armed Forces, the fee is one-half of the
fee charged for a 
3hunting license to hunt all species for a resident of

4Illinois. Veterans must provide to the Department acceptable 
5verification of their service. The Department shall establish 
6by administrative rule the procedure by which such 
7verification of service shall be made to the Department for 
8the purpose of issuing resident veterans hunting
licenses at a 
9reduced fee. The fee for a hunting license to hunt all species 
10shall be $1 for residents over 75 years of age. Nonresidents 
11shall be charged $57 for a hunting license.

12 Nonresidents may be issued a nonresident hunting license 
13for a
period not to exceed 10 consecutive days' hunting in the 
14State and shall
be charged a fee of $35.

15 A special nonresident hunting license authorizing a 
16nonresident to
take game birds by hunting on a game breeding 
17and hunting preserve
area only, established under Section 
183.27, shall be issued upon proper
application being made and 
19payment of a fee equal to that for a resident
hunting license. 
20The expiration date of this license shall be on the same
date 
21each year that game breeding and hunting preserve
area 
22licenses expire.

23 Each applicant for a State Migratory Waterfowl Stamp, 
24regardless of
his residence or other condition, shall pay a 
25fee of $15 and
shall receive a stamp. The fee for a State 
26Migratory Waterfowl Stamp shall be waived for residents over 
 
 
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175 years of age. Except as provided under
Section 20-45 of the 
2Fish and Aquatic Life Code,
the stamp shall be signed by the 
3person or affixed to his license
or permit in a space 
4designated by the Department for that purpose.

5 Each applicant for a State Habitat Stamp, regardless of 
6his residence
or other condition, shall pay a fee of $5 and 
7shall receive a
stamp. The fee for a State Habitat Stamp shall 
8be waived for residents over 75 years of age. Except as 
9provided under Section 20-45 of the Fish and Aquatic Life

10Code, the stamp shall be signed by the person or affixed to his 
11license or
permit in a space designated by the Department for 
12that purpose.

13 Nothing in this Section shall be construed as to require 
14the purchase
of more than one State Habitat Stamp by any person 
15in any one license year.

16 The fees for State Pheasant Stamps and State Furbearer 
17Stamps shall be waived for residents over 75 years of age. 
18 The Department shall furnish the holders of hunting 
19licenses and stamps
with an insignia as evidence of possession 
20of license, or license and
stamp, as the Department may 
21consider advisable. The insignia shall be
exhibited and used 
22as the Department may order.

23 All other hunting licenses and all State stamps shall 
24expire upon
March 31 of each year.

25 Every person holding any license, permit, or stamp issued 
26under the
provisions of this Act shall have it in his 
 
 
HB1270- 157 -LRB103 04864 RLC 49874 b


1possession for immediate
presentation for inspection to the 
2officers and authorized employees of
the Department, any 
3sheriff, deputy sheriff, or any other peace officer making
a 
4demand for it. This provision shall not apply to Department 
5owned or
managed sites where it is required that all hunters 
6deposit their license or ,
permit, or Firearm Owner's 
7Identification Card at the check station upon
entering the 
8hunting areas.

9 For the purposes of this Section, "acceptable 
10verification" means official documentation from the Department 
11of Defense or the appropriate Major Command showing 
12mobilization dates or service abroad dates, including: (i) a 
13DD-214, (ii) a letter from the Illinois Department of Military 
14Affairs for members of the Illinois National Guard, (iii) a 
15letter from the Regional Reserve Command for members of the 
16Armed Forces Reserve, (iv) a letter from the Major Command 
17covering Illinois for active duty members, (v) personnel 
18records for mobilized State employees, and (vi) any other 
19documentation that the Department, by administrative rule, 
20deems acceptable to establish dates of mobilization or service 
21abroad. 
22 For the purposes of this Section, the term "service 
23abroad" means active duty service outside of the 50 United 
24States and the District of Columbia, and includes all active 
25duty service in territories and possessions of the United 
26States. 
 
 
HB1270- 158 -LRB103 04864 RLC 49874 b


1(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)





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



3 Sec. 3.2a. 
Every person holding any license, permit or 
4stamp issued under the
provisions hereof shall have it in his 
5possession for immediate
presentation for inspection to the 
6officers and authorized employees of
the Department, any 
7sheriff, deputy sheriff or any other peace officer making
a 
8demand for it.
This provision shall not apply to Department 
9owned or managed sites where
it is required that all hunters 
10deposit their license or , permit or Firearm
Owner's 
11Identification Card at the check station upon entering the 
12hunting areas. 

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



14 Section 76. The Illinois Vehicle Code is amended by 
15changing Section 2-116 as follows:




16 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)



17 Sec. 2-116. Secretary of State Department of Police. 

18 (a) The Secretary of State and the officers, inspectors, 
19and
investigators appointed by him shall cooperate with the 
20Illinois State Police and
the sheriffs and police in enforcing 
21the laws regulating the operation of
vehicles and the use of 
22the highways.

23 (b) The Secretary of State may provide training and 
 
 
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1education for
members of his office in traffic regulation, the 
2promotion of traffic
safety and the enforcement of laws vested 
3in the Secretary of State for
administration and enforcement 
4regulating the operation of vehicles and the
use of the 
5highways.

6 (c) The Secretary of State may provide distinctive 
7uniforms and badges
for officers, inspectors and investigators 
8employed in the administration
of laws relating to the 
9operation of vehicles and the use of the highways
and vesting 
10the administration and enforcement of such laws in the

11Secretary of State.

12 (c-5) The Director of the Secretary of State Department of 
13Police shall establish a program to allow a Secretary of State 
14Police officer, inspector, or investigator who is honorably 
15retiring in good standing to purchase either one or both of the 
16following: (1) any Secretary of State Department of Police 
17badge previously issued to that officer, inspector, or 
18investigator; or (2) if the officer, inspector, or 
19investigator has a currently valid Firearm Owner's 
20Identification Card, the service firearm issued or previously 
21issued to the officer, inspector, or investigator by the 
22Secretary of State Department of Police. The cost of the 
23firearm shall be the replacement value of the firearm and not 
24the firearm's fair market value. 
25 (d) The Secretary of State Department of Police is 
26authorized to:

 
 
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1  (1) investigate the origins, activities, persons, and 
2 incidents of
crime and the ways and means, if any, to 
3 redress the victims of crimes, and
study the impact, if 
4 any, of legislation relative to the criminal laws of this

5 State related thereto and conduct any other investigations 
6 as may be provided
by law;

7  (2) employ skilled experts, technicians, 
8 investigators, special agents, or
otherwise specially 
9 qualified persons to aid in preventing or detecting crime,

10 apprehending criminals, or preparing and presenting 
11 evidence of violations of
the criminal laws of the State;

12  (3) cooperate with the police of cities, villages, and 
13 incorporated towns,
and with the police officers of any 
14 county, in enforcing the laws of the State
and in making 
15 arrests;

16  (4) provide, as may be required by law, assistance to 
17 local law
enforcement agencies through training, 
18 management, and consultant services
for local law 
19 enforcement agencies, pertaining to law enforcement 
20 activities;

21  (5) exercise the rights, powers, and duties which have 
22 been vested in
it by the Secretary of State Act and this 
23 Code; and

24  (6) enforce and administer any other laws in relation 
25 to law
enforcement as may be vested in the Secretary of 
26 State Department of Police.

 
 
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1 Persons within the Secretary of State Department of Police 
2who exercise
these powers are conservators of the peace and 
3have all the powers possessed
by policemen in municipalities 
4and sheriffs, and may exercise these powers
anywhere in the 
5State in cooperation with local
law enforcement officials. 
6These
persons may use false or fictitious names in the 
7performance of their duties
under this Section, upon approval 
8of the Director of Police-Secretary of
State, and shall not be 
9subject to prosecution under the criminal laws for that
use.

10 (e) The Secretary of State Department of Police may 
11charge, collect, and
receive fees or moneys equivalent to the 
12cost of providing its personnel,
equipment, and services to 
13governmental agencies when explicitly requested by
a 
14governmental agency and according to an intergovernmental 
15agreement or
memorandums of understanding as provided by this 
16Section, including but not
limited to fees or moneys 
17equivalent to the cost of providing training to other

18governmental agencies on terms and conditions that in the 
19judgment of the
Director of Police-Secretary of State are in 
20the best interest of the
Secretary of State. All fees received 
21by the Secretary of State Police
Department under this Act 
22shall be deposited in a special fund in the State
Treasury to 
23be known as
the Secretary of State Police Services Fund. The 
24money deposited in the
Secretary of State Police Services Fund 
25shall be appropriated to the Secretary
of State Department of 
26Police as provided for in subsection (g).

 
 
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1 (f) The Secretary of State Department of Police may apply 
2for grants or
contracts and receive, expend, allocate, or 
3disburse moneys made
available by public or private entities, 
4including, but not limited to,
contracts,
bequests, grants, or 
5receiving equipment from corporations, foundations, or
public 
6or private institutions of higher learning.

7 (g) The Secretary of State Police Services Fund is hereby 
8created as a
special fund in the State Treasury. All moneys 
9received under this Section by
the Secretary of
State

10Department of Police shall be deposited into the Secretary of 
11State Police
Services Fund to be appropriated to the Secretary 
12of State Department of Police
for purposes as indicated by the 
13grantor or contractor or, in the case of
moneys bequeathed or 
14granted for no specific purpose, for any purpose as
deemed 
15appropriate by the Director of Police-Secretary of State in

16administering the responsibilities of the Secretary of State 
17Department of
Police.

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


19 Section 80. The Criminal Code of 2012 is amended by 
20changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
2124-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, 
2224-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and adding Section 
2324-4.5 as follows:




24 (720 ILCS 5/2-7.1)



 
 
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1 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
2"Firearm
"Firearm" and "firearm
ammunition" means any 
3self-contained cartridge or shotgun shell, by whatever name 
4known, which is designed to be used or adaptable to use in a 
5firearm; excluding, however:
6 (1) any ammunition exclusively designed for use with
a 
7device used exclusively for signaling or safety and required 
8or recommended by the United States Coast Guard or the 
9Interstate Commerce Commission; and
10 (2) any ammunition designed exclusively for use with
a 
11stud or rivet driver or other similar industrial ammunition

12have the meanings ascribed to them in Section 1.1 of the 
13Firearm
Owners Identification Card Act.

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





15 (720 ILCS 5/2-7.5)



16 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
17specific
Section, "firearm" means any device, by whatever name 
18known, which is designed to expel a projectile or projectiles 
19by the action of an explosion, expansion of gas or escape of 
20gas; excluding, however:
21 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
22gun which
expels a single globular projectile not exceeding 
23.18 inch in
diameter or which has a maximum muzzle velocity of 
24less than 700 feet
per second;
25 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
 
 
HB1270- 164 -LRB103 04864 RLC 49874 b


1B-B gun which expels breakable paint balls containing washable 
2marking colors; 
3 (2) any device used exclusively for signaling or
safety 
4and required or recommended by the United States Coast Guard 
5or the Interstate Commerce Commission;
6 (3) any device used exclusively for the firing of
stud 
7cartridges, explosive rivets, or similar industrial 
8ammunition; and
9 (4) an antique firearm (other than a machine-gun)
which, 
10although designed as a weapon, the Illinois State Police finds 
11by reason of the date of its manufacture, value, design, and 
12other characteristics is primarily a collector's item and is 
13not likely to be used as a weapon has the meaning ascribed to 
14it in Section 1.1 of the
Firearm Owners Identification Card 
15Act.

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



17 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


18 Sec. 12-3.05. Aggravated battery. 

19 (a) Offense based on injury. A person commits aggravated 
20battery when, in committing a battery, other than by the 
21discharge of a firearm, he or she knowingly does any of the 
22following:
23  (1) Causes great bodily harm or permanent disability 
24 or disfigurement.
25  (2) Causes severe and permanent disability, great 
 
 
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1 bodily harm, or disfigurement by means of a caustic or 
2 flammable substance, a poisonous gas, a deadly biological 
3 or chemical contaminant or agent, a radioactive substance, 
4 or a bomb or explosive compound.
5  (3) Causes great bodily harm or permanent disability 
6 or disfigurement to an individual whom the person knows to 
7 be a peace officer, community policing volunteer, fireman, 
8 private security officer, correctional institution 
9 employee, or Department of Human Services employee 
10 supervising or controlling sexually dangerous persons or 
11 sexually violent persons:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (4) Causes great bodily harm or permanent disability 
18 or disfigurement to an individual 60 years of age or 
19 older.
20  (5) Strangles another individual. 
21 (b) Offense based on injury to a child or person with an 
22intellectual disability. A person who is at least 18 years of 
23age commits aggravated battery when, in committing a battery, 
24he or she knowingly and without legal justification by any 
25means:
26  (1) causes great bodily harm or permanent disability 
 
 
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1 or disfigurement to any child under the age of 13 years, or 
2 to any person with a severe or profound intellectual 
3 disability; or
4  (2) causes bodily harm or disability or disfigurement 
5 to any child under the age of 13 years or to any person 
6 with a severe or profound intellectual disability. 
7 (c) Offense based on location of conduct. A person commits 
8aggravated battery when, in committing a battery, other than 
9by the discharge of a firearm, he or she is or the person 
10battered is on or about a public way, public property, a public 
11place of accommodation or amusement, a sports venue, or a 
12domestic violence shelter, or in a church, synagogue, mosque, 
13or other building, structure, or place used for religious 
14worship.
15 (d) Offense based on status of victim. A person commits 
16aggravated battery when, in committing a battery, other than 
17by discharge of a firearm, he or she knows the individual 
18battered to be any of the following:
19  (1) A person 60 years of age or older.
20  (2) A person who is pregnant or has a physical 
21 disability.
22  (3) A teacher or school employee upon school grounds 
23 or grounds adjacent to a school or in any part of a 
24 building used for school purposes.
25  (4) A peace officer, community policing volunteer, 
26 fireman, private security officer, correctional 
 
 
HB1270- 167 -LRB103 04864 RLC 49874 b


1 institution employee, or Department of Human Services 
2 employee supervising or controlling sexually dangerous 
3 persons or sexually violent persons:
4   (i) performing his or her official duties;
5   (ii) battered to prevent performance of his or her 
6 official duties; or
7   (iii) battered in retaliation for performing his 
8 or her official duties.
9  (5) A judge, emergency management worker, emergency 
10 medical services personnel, or utility worker:
11   (i) performing his or her official duties;
12   (ii) battered to prevent performance of his or her 
13 official duties; or
14   (iii) battered in retaliation for performing his 
15 or her official duties.
16  (6) An officer or employee of the State of Illinois, a 
17 unit of local government, or a school district, while 
18 performing his or her official duties.
19  (7) A transit employee performing his or her official 
20 duties, or a transit passenger.
21  (8) A taxi driver on duty.
22  (9) A merchant who detains the person for an alleged 
23 commission of retail theft under Section 16-26 of this 
24 Code and the person without legal justification by any 
25 means causes bodily harm to the merchant.
26  (10) A person authorized to serve process under 
 
 
HB1270- 168 -LRB103 04864 RLC 49874 b


1 Section 2-202 of the Code of Civil Procedure or a special 
2 process server appointed by the circuit court while that 
3 individual is in the performance of his or her duties as a 
4 process server.
5  (11) A nurse while in the performance of his or her 
6 duties as a nurse. 
7  (12) A merchant: (i) while performing his or her 
8 duties, including, but not limited to, relaying directions 
9 for healthcare or safety from his or her supervisor or 
10 employer or relaying health or safety guidelines, 
11 recommendations, regulations, or rules from a federal, 
12 State, or local public health agency; and (ii) during a 
13 disaster declared by the Governor, or a state of emergency 
14 declared by the mayor of the municipality in which the 
15 merchant is located, due to a public health emergency and 
16 for a period of 6 months after such declaration. 
17 (e) Offense based on use of a firearm. A person commits 
18aggravated battery when, in committing a battery, he or she 
19knowingly does any of the following:
20  (1) Discharges a firearm, other than a machine gun or 
21 a firearm equipped with a silencer, and causes any injury 
22 to another person.
23  (2) Discharges a firearm, other than a machine gun or 
24 a firearm equipped with a silencer, and causes any injury 
25 to a person he or she knows to be a peace officer, 
26 community policing volunteer, person summoned by a police 
 
 
HB1270- 169 -LRB103 04864 RLC 49874 b


1 officer, fireman, private security officer, correctional 
2 institution employee, or emergency management worker:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (3) Discharges a firearm, other than a machine gun or 
9 a firearm equipped with a silencer, and causes any injury 
10 to a person he or she knows to be emergency medical 
11 services personnel:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (4) Discharges a firearm and causes any injury to a 
18 person he or she knows to be a teacher, a student in a 
19 school, or a school employee, and the teacher, student, or 
20 employee is upon school grounds or grounds adjacent to a 
21 school or in any part of a building used for school 
22 purposes.
23  (5) Discharges a machine gun or a firearm equipped 
24 with a silencer, and causes any injury to another person.
25  (6) Discharges a machine gun or a firearm equipped 
26 with a silencer, and causes any injury to a person he or 
 
 
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1 she knows to be a peace officer, community policing 
2 volunteer, person summoned by a police officer, fireman, 
3 private security officer, correctional institution 
4 employee or emergency management worker:
5   (i) performing his or her official duties;
6   (ii) battered to prevent performance of his or her 
7 official duties; or
8   (iii) battered in retaliation for performing his 
9 or her official duties.
10  (7) Discharges a machine gun or a firearm equipped 
11 with a silencer, and causes any injury to a person he or 
12 she knows to be emergency medical services personnel:
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  (8) Discharges a machine gun or a firearm equipped 
19 with a silencer, and causes any injury to a person he or 
20 she knows to be a teacher, or a student in a school, or a 
21 school employee, and the teacher, student, or employee is 
22 upon school grounds or grounds adjacent to a school or in 
23 any part of a building used for school purposes. 
24 (f) Offense based on use of a weapon or device. A person 
25commits aggravated battery when, in committing a battery, he 
26or she does any of the following:
 
 
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1  (1) Uses a deadly weapon other than by discharge of a 
2 firearm, or uses an air rifle as defined in Section 
3 24.8-0.1 of this Code.
4  (2) Wears a hood, robe, or mask to conceal his or her 
5 identity.
6  (3) Knowingly and without lawful justification shines 
7 or flashes a laser gunsight or other laser device attached 
8 to a firearm, or used in concert with a firearm, so that 
9 the laser beam strikes upon or against the person of 
10 another.
11  (4) Knowingly video or audio records the offense with 
12 the intent to disseminate the recording. 
13 (g) Offense based on certain conduct. A person commits 
14aggravated battery when, other than by discharge of a firearm, 
15he or she does any of the following:
16  (1) Violates Section 401 of the Illinois Controlled 
17 Substances Act by unlawfully delivering a controlled 
18 substance to another and any user experiences great bodily 
19 harm or permanent disability as a result of the injection, 
20 inhalation, or ingestion of any amount of the controlled 
21 substance.
22  (2) Knowingly administers to an individual or causes 
23 him or her to take, without his or her consent or by threat 
24 or deception, and for other than medical purposes, any 
25 intoxicating, poisonous, stupefying, narcotic, 
26 anesthetic, or controlled substance, or gives to another 
 
 
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1 person any food containing any substance or object 
2 intended to cause physical injury if eaten.
3  (3) Knowingly causes or attempts to cause a 
4 correctional institution employee or Department of Human 
5 Services employee to come into contact with blood, seminal 
6 fluid, urine, or feces by throwing, tossing, or expelling 
7 the fluid or material, and the person is an inmate of a 
8 penal institution or is a sexually dangerous person or 
9 sexually violent person in the custody of the Department 
10 of Human Services.
11 (h) Sentence. Unless otherwise provided, aggravated 
12battery is a Class 3 felony.
13 Aggravated battery as defined in subdivision (a)(4), 
14(d)(4), or (g)(3) is a Class 2 felony.
15 Aggravated battery as defined in subdivision (a)(3) or 
16(g)(1) is a Class 1 felony.
17 Aggravated battery as defined in subdivision (a)(1) is a 
18Class 1 felony when the aggravated battery was intentional and 
19involved the infliction of torture, as defined in paragraph 
20(14) of subsection (b) of Section 9-1 of this Code, as the 
21infliction of or subjection to extreme physical pain, 
22motivated by an intent to increase or prolong the pain, 
23suffering, or agony of the victim. 
24 Aggravated battery as defined in subdivision (a)(1) is a 
25Class 2 felony when the person causes great bodily harm or 
26permanent disability to an individual whom the person knows to 
 
 
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1be a member of a congregation engaged in prayer or other 
2religious activities at a church, synagogue, mosque, or other 
3building, structure, or place used for religious worship. 
4 Aggravated battery under subdivision (a)(5) is a
Class 1 
5felony if:
6  (A) the person used or attempted to use a dangerous

7 instrument while committing the offense;
8  (B) the person caused great bodily harm or
permanent 
9 disability or disfigurement to the other
person while 
10 committing the offense; or
11  (C) the person has been previously convicted of a

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

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

14 state. 
15 Aggravated battery as defined in subdivision (e)(1) is a 
16Class X felony.
17 Aggravated battery as defined in subdivision (a)(2) is a 
18Class X felony for which a person shall be sentenced to a term 
19of imprisonment of a minimum of 6 years and a maximum of 45 
20years.
21 Aggravated battery as defined in subdivision (e)(5) is a 
22Class X felony for which a person shall be sentenced to a term 
23of imprisonment of a minimum of 12 years and a maximum of 45 
24years.
25 Aggravated battery as defined in subdivision (e)(2), 
26(e)(3), or (e)(4) is a Class X felony for which a person shall 
 
 
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1be sentenced to a term of imprisonment of a minimum of 15 years 
2and a maximum of 60 years.
3 Aggravated battery as defined in subdivision (e)(6), 
4(e)(7), or (e)(8) is a Class X felony for which a person shall 
5be sentenced to a term of imprisonment of a minimum of 20 years 
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (b)(1) is a 
8Class X felony, except that:
9  (1) if the person committed the offense while armed 
10 with a firearm, 15 years shall be added to the term of 
11 imprisonment imposed by the court;
12  (2) if, during the commission of the offense, the 
13 person personally discharged a firearm, 20 years shall be 
14 added to the term of imprisonment imposed by the court;
15  (3) if, during the commission of the offense, the 
16 person personally discharged a firearm that proximately 
17 caused great bodily harm, permanent disability, permanent 
18 disfigurement, or death to another person, 25 years or up 
19 to a term of natural life shall be added to the term of 
20 imprisonment imposed by the court.
21 (i) Definitions. In this Section:
22 "Building or other structure used to provide shelter" has 
23the meaning ascribed to "shelter" in Section 1 of the Domestic 
24Violence Shelters Act.
25 "Domestic violence" has the meaning ascribed to it in 
26Section 103 of the Illinois Domestic Violence Act of 1986.
 
 
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1 "Domestic violence shelter" means any building or other 
2structure used to provide shelter or other services to victims 
3or to the dependent children of victims of domestic violence 
4pursuant to the Illinois Domestic Violence Act of 1986 or the 
5Domestic Violence Shelters Act, or any place within 500 feet 
6of such a building or other structure in the case of a person 
7who is going to or from such a building or other structure.
8 "Firearm" has the meaning provided under Section 2-7.5 1.1

9of the Firearm Owners Identification Card Act, and does
not 
10include an air rifle as defined by Section 24.8-0.1 of this 
11Code. 
12 "Machine gun" has the meaning ascribed to it in Section 
1324-1 of this Code.
14 "Merchant" has the meaning ascribed to it in Section 
1516-0.1 of this Code. 
16 "Strangle" means
intentionally impeding the normal 
17breathing or circulation of the blood of an individual by 
18applying pressure on the throat
or neck of that individual or 
19by blocking the nose or mouth of
that individual. 

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


21 (720 ILCS 5/16-0.1)
22 Sec. 16-0.1. Definitions. In this Article, unless the 
23context clearly requires otherwise, the following terms are 
24defined as indicated:
25 "Access" means to use, instruct, communicate with, store 
 
 
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1data in, retrieve or intercept data from, or otherwise utilize 
2any services of a computer.
3 "Coin-operated machine" includes any automatic vending 
4machine or any part thereof, parking meter, coin telephone, 
5coin-operated transit turnstile, transit fare box, coin 
6laundry machine, coin dry cleaning machine, amusement machine, 
7music machine, vending machine dispensing goods or services, 
8or money changer.
9 "Communication device" means any type of instrument, 
10device, machine, or equipment which is capable of 
11transmitting, acquiring, decrypting, or receiving any 
12telephonic, electronic, data, Internet access, audio, video, 
13microwave, or radio transmissions, signals, communications, or 
14services, including the receipt, acquisition, transmission, or 
15decryption of all such communications, transmissions, signals, 
16or services provided by or through any cable television, fiber 
17optic, telephone, satellite, microwave, radio, Internet-based, 
18data transmission, or wireless distribution network, system or 
19facility; or any part, accessory, or component thereof, 
20including any computer circuit, security module, smart card, 
21software, computer chip, electronic mechanism or other 
22component, accessory or part of any communication device which 
23is capable of facilitating the transmission, decryption, 
24acquisition or reception of all such communications, 
25transmissions, signals, or services.
26 "Communication service" means any service lawfully 
 
 
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1provided for a charge or compensation to facilitate the lawful 
2origination, transmission, emission, or reception of signs, 
3signals, data, writings, images, and sounds or intelligence of 
4any nature by telephone, including cellular telephones or a 
5wire, wireless, radio, electromagnetic, photo-electronic or 
6photo-optical system; and also any service lawfully provided 
7by any radio, telephone, cable television, fiber optic, 
8satellite, microwave, Internet-based or wireless distribution 
9network, system, facility or technology, including, but not 
10limited to, any and all electronic, data, video, audio, 
11Internet access, telephonic, microwave and radio 
12communications, transmissions, signals and services, and any 
13such communications, transmissions, signals and services 
14lawfully provided directly or indirectly by or through any of 
15those networks, systems, facilities or technologies.
16 "Communication service provider" means: (1) any person or 
17entity providing any communication service, whether directly 
18or indirectly, as a reseller, including, but not limited to, a 
19cellular, paging or other wireless communications company or 
20other person or entity which, for a fee, supplies the 
21facility, cell site, mobile telephone switching office or 
22other equipment or communication service; (2) any person or 
23entity owning or operating any cable television, fiber optic, 
24satellite, telephone, wireless, microwave, radio, data 
25transmission or Internet-based distribution network, system or 
26facility; and (3) any person or entity providing any 
 
 
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1communication service directly or indirectly by or through any 
2such distribution system, network or facility.
3 "Computer" means a device that accepts, processes, stores, 
4retrieves or outputs data, and includes but is not limited to 
5auxiliary storage and telecommunications devices connected to 
6computers.
7 "Continuing
course of conduct" means a series of acts, and 
8the accompanying
mental state necessary for the crime in 
9question, irrespective
of whether the series of acts are 
10continuous or intermittent. 
11 "Delivery container" means any bakery basket of wire or 
12plastic used to transport or store bread or bakery products, 
13any dairy case of wire or plastic used to transport or store 
14dairy products, and any dolly or cart of 2 or 4 wheels used to 
15transport or store any bakery or dairy product.
16 "Document-making implement" means any implement, 
17impression, template, computer file, computer disc, electronic 
18device, computer hardware, computer software, instrument, or 
19device that is used to make a real or fictitious or fraudulent 
20personal identification document.
21 "Financial transaction device" means any of the following:
22  (1) An electronic funds transfer card.
23  (2) A credit card.
24  (3) A debit card.
25  (4) A point-of-sale card.
26  (5) Any instrument, device, card, plate, code, account 
 
 
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1 number, personal identification number, or a record or 
2 copy of a code, account number, or personal identification 
3 number or other means of access to a credit account or 
4 deposit account, or a driver's license or State 
5 identification card used to access a proprietary account, 
6 other than access originated solely by a paper instrument, 
7 that can be used alone or in conjunction with another 
8 access device, for any of the following purposes:
9   (A) Obtaining money, cash refund or credit 
10 account, credit, goods, services, or any other thing 
11 of value.
12   (B) Certifying or guaranteeing to a person or 
13 business the availability to the device holder of 
14 funds on deposit to honor a draft or check payable to 
15 the order of that person or business.
16   (C) Providing the device holder access to a 
17 deposit account for the purpose of making deposits, 
18 withdrawing funds, transferring funds between deposit 
19 accounts, obtaining information pertaining to a 
20 deposit account, or making an electronic funds 
21 transfer.
22 "Full retail value" means the merchant's stated or 
23advertised price of the merchandise. "Full
retail value" 
24includes the aggregate value of property obtained
from retail 
25thefts committed by the same person as part of a
continuing 
26course of conduct from one or more mercantile
establishments 
 
 
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1in a single transaction or in separate
transactions over a 
2period of one year.
3 "Internet" means an interactive computer service or system 
4or an information service, system, or access software provider 
5that provides or enables computer access by multiple users to 
6a computer server, and includes, but is not limited to, an 
7information service, system, or access software provider that 
8provides access to a network system commonly known as the 
9Internet, or any comparable system or service and also 
10includes, but is not limited to, a World Wide Web page, 
11newsgroup, message board, mailing list, or chat area on any 
12interactive computer service or system or other online 
13service.
14 "Library card" means a card or plate issued by a library 
15facility for purposes of identifying the person to whom the 
16library card was issued as authorized to borrow library 
17material, subject to all limitations and conditions imposed on 
18the borrowing by the library facility issuing such card.
19 "Library facility" includes any public library or museum, 
20or any library or museum of an educational, historical or 
21eleemosynary institution, organization or society.
22 "Library material" includes any book, plate, picture, 
23photograph, engraving, painting, sculpture, statue, artifact, 
24drawing, map, newspaper, pamphlet, broadside, magazine, 
25manuscript, document, letter, microfilm, sound recording, 
26audiovisual material, magnetic or other tape, electronic data 
 
 
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1processing record or other documentary, written or printed 
2material regardless of physical form or characteristics, or 
3any part thereof, belonging to, or on loan to or otherwise in 
4the custody of a library facility.
5 "Manufacture or assembly of an unlawful access device" 
6means to make, produce or assemble an unlawful access device 
7or to modify, alter, program or re-program any instrument, 
8device, machine, equipment or software so that it is capable 
9of defeating or circumventing any technology, device or 
10software used by the provider, owner or licensee of a 
11communication service or of any data, audio or video programs 
12or transmissions to protect any such communication, data, 
13audio or video services, programs or transmissions from 
14unauthorized access, acquisition, disclosure, receipt, 
15decryption, communication, transmission or re-transmission.
16 "Manufacture or assembly of an unlawful communication 
17device" means to make, produce or assemble an unlawful 
18communication or wireless device or to modify, alter, program 
19or reprogram a communication or wireless device to be capable 
20of acquiring, disrupting, receiving, transmitting, decrypting, 
21or facilitating the acquisition, disruption, receipt, 
22transmission or decryption of, a communication service without 
23the express consent or express authorization of the 
24communication service provider, or to knowingly assist others 
25in those activities.
26 "Master sound recording" means the original physical 
 
 
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1object on which a given set of sounds were first recorded and 
2which the original object from which all subsequent sound 
3recordings embodying the same set of sounds are directly or 
4indirectly derived.
5 "Merchandise" means any item of tangible personal 
6property, including motor fuel.
7 "Merchant" means an owner or operator of any retail 
8mercantile establishment or any agent, employee, lessee, 
9consignee, officer, director, franchisee, or independent 
10contractor of the owner or operator. "Merchant" also means a 
11person who receives from an authorized user of a payment card, 
12or someone the person believes to be an authorized user, a 
13payment card or information from a payment card, or what the 
14person believes to be a payment card or information from a 
15payment card, as the instrument for obtaining, purchasing or 
16receiving goods, services, money, or anything else of value 
17from the person.
18 "Motor fuel" means a liquid, regardless of its properties, 
19used to propel a vehicle, including gasoline and diesel.
20 "Online" means the use of any electronic or wireless 
21device to access the Internet.
22 "Payment card" means a credit card, charge card, debit 
23card, or any other card that is issued to an authorized card 
24user and that allows the user to obtain, purchase, or receive 
25goods, services, money, or anything else of value from a 
26merchant.
 
 
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1 "Person with a disability" means a person who
suffers from 
2a physical or mental impairment resulting from
disease, 
3injury, functional disorder or congenital condition that 
4impairs the
individual's mental or physical ability to 
5independently manage his or her
property or financial 
6resources, or both. 
7 "Personal identification document" means a birth 
8certificate, a driver's license, a State identification card, 
9a public, government, or private employment identification 
10card, a social security card, license issued under the Firearm 
11Concealed Carry Act a firearm owner's identification card, a 
12credit card, a debit card, or a passport issued to or on behalf 
13of a person other than the offender, or any document made or 
14issued, or falsely purported to have been made or issued, by or 
15under the authority of the United States Government, the State 
16of Illinois, or any other state political subdivision of any 
17state, or any other governmental or quasi-governmental 
18organization that is of a type intended for the purpose of 
19identification of an individual, or any such document made or 
20altered in a manner that it falsely purports to have been made 
21on behalf of or issued to another person or by the authority of 
22one who did not give that authority.
23 "Personal identifying information" means any of the 
24following information:
25  (1) A person's name.
26  (2) A person's address.
 
 
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1  (3) A person's date of birth.
2  (4) A person's telephone number.
3  (5) A person's driver's license number or State of 
4 Illinois identification card as assigned by the Secretary 
5 of State of the State of Illinois or a similar agency of 
6 another state.
7  (6) A person's social security number.
8  (7) A person's public, private, or government 
9 employer, place of employment, or employment 
10 identification number.
11  (8) The maiden name of a person's mother.
12  (9) The number assigned to a person's depository 
13 account, savings account, or brokerage account.
14  (10) The number assigned to a person's credit or debit 
15 card, commonly known as a "Visa Card", "MasterCard", 
16 "American Express Card", "Discover Card", or other similar 
17 cards whether issued by a financial institution, 
18 corporation, or business entity.
19  (11) Personal identification numbers.
20  (12) Electronic identification numbers.
21  (13) Digital signals.
22  (14) User names, passwords, and any other word, 
23 number, character or combination of the same usable in 
24 whole or part to access information relating to a specific 
25 individual, or to the actions taken, communications made 
26 or received, or other activities or transactions of a 
 
 
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1 specific individual.
2  (15) Any other numbers or information which can be 
3 used to access a person's financial resources, or to 
4 identify a specific individual, or the actions taken, 
5 communications made or received, or other activities or 
6 transactions of a specific individual.
7 "Premises of a retail mercantile establishment" includes, 
8but is not limited to, the retail mercantile establishment; 
9any common use areas in shopping centers; and all parking 
10areas set aside by a merchant or on behalf of a merchant for 
11the parking of vehicles for the convenience of the patrons of 
12such retail mercantile establishment.
13 "Public water, gas, or power supply, or other public 
14services" mean any service subject to regulation by the 
15Illinois Commerce Commission; any service furnished by a 
16public utility that is owned and operated by any political 
17subdivision, public institution of higher education or 
18municipal corporation of this State; any service furnished by 
19any public utility that is owned by such political 
20subdivision, public institution of higher education, or 
21municipal corporation and operated by any of its lessees or 
22operating agents; any service furnished by an electric 
23cooperative as defined in Section 3.4 of the Electric Supplier 
24Act; or wireless service or other service regulated by the 
25Federal Communications Commission.
26 "Publish" means to communicate or disseminate information 
 
 
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1to any one or more persons, either orally, in person, or by 
2telephone, radio or television or in writing of any kind, 
3including, without limitation, a letter or memorandum, 
4circular or handbill, newspaper or magazine article or book.
5 "Radio frequency identification device" means any 
6implement, computer file, computer disc, electronic device, 
7computer hardware, computer software, or instrument that is 
8used to activate, read, receive, or decode information stored 
9on a RFID tag or transponder attached to a personal 
10identification document. 
11 "RFID tag or transponder" means a chip or device that 
12contains personal identifying information from which the 
13personal identifying information can be read or decoded by 
14another device emitting a radio frequency that activates or 
15powers a radio frequency emission response from the chip or 
16transponder. 
17 "Reencoder" means an electronic device that places encoded 
18information from the magnetic strip or stripe of a payment 
19card onto the magnetic strip or stripe of a different payment 
20card.
21 "Retail mercantile establishment" means any place where 
22merchandise is displayed, held, stored or offered for sale to 
23the public.
24 "Scanning device" means a scanner, reader, or any other 
25electronic device that is used to access, read, scan, obtain, 
26memorize, or store, temporarily or permanently, information 
 
 
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1encoded on the magnetic strip or stripe of a payment card.
2 "Shopping cart" means those push carts of the type or 
3types which are commonly provided by grocery stores, drug 
4stores or other retail mercantile establishments for the use 
5of the public in transporting commodities in stores and 
6markets and, incidentally, from the stores to a place outside 
7the store.
8 "Sound or audio visual recording" means any sound or audio 
9visual phonograph record, disc, pre-recorded tape, film, wire, 
10magnetic tape or other object, device or medium, now known or 
11hereafter invented, by which sounds or images may be 
12reproduced with or without the use of any additional machine, 
13equipment or device.
14 "Stored value card" means any card, gift card, instrument, 
15or device issued with or without fee for the use of the 
16cardholder to obtain money, goods, services, or anything else 
17of value. Stored value cards include, but are not limited to, 
18cards issued for use as a stored value card or gift card, and 
19an account identification number or symbol used to identify a 
20stored value card. "Stored value card" does not include a 
21prepaid card usable at multiple, unaffiliated merchants or at 
22automated teller machines, or both. "Stored value card" shall 
23only apply to Section 16-25.1 of this Act. 
24 "Theft detection device remover" means any tool or device 
25specifically designed and intended to be used to remove any 
26theft detection device from any merchandise.
 
 
HB1270- 188 -LRB103 04864 RLC 49874 b


1 "Under-ring" means to cause the cash register or other 
2sales recording device to reflect less than the full retail 
3value of the merchandise.
4 "Unidentified sound or audio visual recording" means a 
5sound or audio visual recording without the actual name and 
6full and correct street address of the manufacturer, and the 
7name of the actual performers or groups prominently and 
8legibly printed on the outside cover or jacket and on the label 
9of such sound or audio visual recording.
10 "Unlawful access device" means any type of instrument, 
11device, machine, equipment, technology, or software which is 
12primarily possessed, used, designed, assembled, manufactured, 
13sold, distributed or offered, promoted or advertised for the 
14purpose of defeating or circumventing any technology, device 
15or software, or any component or part thereof, used by the 
16provider, owner or licensee of any communication service or of 
17any data, audio or video programs or transmissions to protect 
18any such communication, audio or video services, programs or 
19transmissions from unauthorized access, acquisition, receipt, 
20decryption, disclosure, communication, transmission or 
21re-transmission.
22 "Unlawful communication device" means any electronic 
23serial number, mobile identification number, personal 
24identification number or any communication or wireless device 
25that is capable of acquiring or facilitating the acquisition 
26of a communication service without the express consent or 
 
 
HB1270- 189 -LRB103 04864 RLC 49874 b


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

16other component that is capable of facilitating the 
17transmission or reception
of telephonic, electronic, or radio 
18communications. 

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




20 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



21 Sec. 17-30. Defaced, altered, or removed manufacturer or 
22owner identification number.  
23 (a) Unlawful sale of household appliances. A person 
24commits unlawful
sale of household
appliances when he or she 
25knowingly, with the intent to defraud or deceive
another, 
 
 
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1keeps for sale, within any commercial
context, any household 
2appliance with a missing, defaced, obliterated, or
otherwise 
3altered manufacturer's identification number.

4 (b) Construction equipment identification defacement. A 
5person commits construction equipment identification 
6defacement when he or she knowingly changes,
alters, removes, 
7mutilates, or
obliterates a permanently affixed serial number, 
8product identification number,
part number, component 
9identification number, owner-applied identification,
or other 
10mark of identification attached to or stamped, inscribed, 
11molded,
or etched into a machine or other equipment, whether 
12stationary or mobile
or self-propelled, or a part of such 
13machine or equipment, used in the construction,
maintenance, 
14or demolition of buildings, structures, bridges, tunnels, 
15sewers,
utility pipes or lines, ditches or open cuts, roads, 
16highways, dams, airports,
or waterways or in material handling 
17for such projects. 
18 The trier of fact may infer that the defendant has 
19knowingly changed, altered, removed, or obliterated the serial 
20number, product identification number, part number, component 
21identification number, owner-applied identification number, or 
22other mark of identification, if the defendant was in 
23possession of any machine or other equipment or a part of such 
24machine
or equipment used in the construction, maintenance, or 
25demolition of buildings,
structures, bridges, tunnels, sewers, 
26utility pipes or lines, ditches or
open cuts, roads, highways, 
 
 
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1dams, airports, or waterways or in material handling
for such 
2projects upon which any such serial number, product 
3identification
number, part number, component identification 
4number, owner-applied identification
number, or other mark of 
5identification has been changed, altered,
removed, or 
6obliterated. 
7 (c) Defacement of manufacturer's serial number or 
8identification mark. A person commits defacement of a 
9manufacturer's serial number or identification mark when he or 
10she knowingly removes, alters, defaces, covers, or destroys 
11the
manufacturer's serial number or any other manufacturer's 
12number or
distinguishing identification mark upon any machine 
13or other article of
merchandise, other than a motor vehicle as 
14defined in Section 1-146 of the
Illinois Vehicle Code or a 
15firearm as defined in the Firearm Owners Identification Card 
16Act, with the intent of concealing or destroying the
identity 
17of such machine or other article of merchandise. 
18 (d) Sentence.
19  (1) A violation of subsection (a) of this Section is a 
20 Class 4 felony if the value
of the appliance or appliances 
21 exceeds $1,000 and a Class B misdemeanor if
the value of 
22 the appliance or appliances is $1,000 or less.

23  (2) A violation of subsection (b) of this Section is a 
24 Class A misdemeanor.
25  (3) A violation of subsection (c) of this Section is a 
26 Class B misdemeanor. 
 
 
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1 (e) No liability shall be imposed upon any person for the 
2unintentional
failure to comply with subsection (a).

3 (f) Definitions. In this Section:
4 "Commercial context" means a continuing business 
5enterprise conducted
for profit by any person whose primary 
6business is the wholesale or retail
marketing of household 
7appliances, or a significant portion of whose business
or 
8inventory consists of household appliances
kept or sold on a 
9wholesale or retail basis.
10 "Household appliance" means any gas or electric device or 
11machine
marketed for use as home entertainment or for 
12facilitating or expediting
household tasks or chores. The term 
13shall include but not necessarily be
limited to refrigerators, 
14freezers, ranges, radios, television sets, vacuum
cleaners, 
15toasters, dishwashers, and other similar household items.
16 "Manufacturer's identification number" means any serial 
17number or
other similar numerical or alphabetical designation 
18imprinted upon or attached
to or placed, stamped, or otherwise 
19imprinted upon or attached to a household
appliance or item by 
20the manufacturer for purposes of identifying a particular

21appliance or item individually or by lot number. 
22(Source: P.A. 96-1551, eff. 7-1-11.)




23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

25 (a) A person commits the offense of unlawful use of 
 
 
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1weapons when
he knowingly:

2  (1) Sells, manufactures, purchases, possesses or 
3 carries any bludgeon,
black-jack, slung-shot, sand-club, 
4 sand-bag, metal knuckles or other knuckle weapon 
5 regardless of its composition, throwing star,
or any 
6 knife, commonly referred to as a switchblade knife, which 
7 has a
blade that opens automatically by hand pressure 
8 applied to a button,
spring or other device in the handle 
9 of the knife, or a ballistic knife,
which is a device that 
10 propels a knifelike blade as a projectile by means
of a 
11 coil spring, elastic material or compressed gas; or

12  (2) Carries or possesses with intent to use the same 
13 unlawfully
against another, a dagger, dirk, billy, 
14 dangerous knife, razor,
stiletto, broken bottle or other 
15 piece of glass, stun gun or taser or
any other dangerous or 
16 deadly weapon or instrument of like character; or

17  (2.5) Carries or possesses with intent to use the same 
18 unlawfully against another, any firearm in a church, 
19 synagogue, mosque, or other building, structure, or place 
20 used for religious worship; or 
21  (3) Carries on or about his person or in any vehicle, a 
22 tear gas gun
projector or bomb or any object containing 
23 noxious liquid gas or
substance, other than an object 
24 containing a non-lethal noxious liquid gas
or substance 
25 designed solely for personal defense carried by a person 
26 18
years of age or older; or

 
 
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1  (4) Carries or possesses in any vehicle or concealed 
2 on or about his
person except when on his land or in his 
3 own abode, legal dwelling, or fixed place of
business, or 
4 on the land or in the legal dwelling of another person as 
5 an invitee with that person's permission, any pistol, 
6 revolver, stun gun or taser or other firearm, except
that

7 this subsection (a) (4) does not apply to or affect 
8 transportation of weapons
that meet one of the following 
9 conditions:

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

11   (ii) are not immediately accessible; or

12   (iii) are unloaded and enclosed in a case, firearm 
13 carrying box,
shipping box, or other container by a 
14 person eligible under State and federal law to possess 
15 a firearm who has been issued a currently
valid 
16 Firearm Owner's
Identification Card; or
17   (iv) are carried or possessed in accordance with 
18 the Firearm Concealed Carry Act by a person who has 
19 been issued a currently valid license under the 
20 Firearm Concealed Carry Act; or 

21  (5) Sets a spring gun; or

22  (6) Possesses any device or attachment of any kind 
23 designed, used or
intended for use in silencing the report 
24 of any firearm; or

25  (7) Sells, manufactures, purchases, possesses or 
26 carries:

 
 
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1   (i) a machine gun, which shall be defined for the 
2 purposes of this
subsection as any weapon,
which 
3 shoots, is designed to shoot, or can be readily 
4 restored to shoot,
automatically more than one shot 
5 without manually reloading by a single
function of the 
6 trigger, including the frame or receiver
of any such 
7 weapon, or sells, manufactures, purchases, possesses, 
8 or
carries any combination of parts designed or 
9 intended for
use in converting any weapon into a 
10 machine gun, or any combination or
parts from which a 
11 machine gun can be assembled if such parts are in the

12 possession or under the control of a person;

13   (ii) any rifle having one or
more barrels less 
14 than 16 inches in length or a shotgun having one or 
15 more
barrels less than 18 inches in length or any 
16 weapon made from a rifle or
shotgun, whether by 
17 alteration, modification, or otherwise, if such a 
18 weapon
as modified has an overall length of less than 
19 26 inches; or

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

25  (8) Carries or possesses any firearm, stun gun or 
26 taser or other
deadly weapon in any place which is 
 
 
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1 licensed to sell intoxicating
beverages, or at any public 
2 gathering held pursuant to a license issued
by any 
3 governmental body or any public gathering at which an 
4 admission
is charged, excluding a place where a showing, 
5 demonstration or lecture
involving the exhibition of 
6 unloaded firearms is conducted.

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

11  (9) Carries or possesses in a vehicle or on or about 
12 his or her person any
pistol, revolver, stun gun or taser 
13 or firearm or ballistic knife, when
he or she is hooded, 
14 robed or masked in such manner as to conceal his or her 
15 identity; or

16  (10) Carries or possesses on or about his or her 
17 person, upon any public street,
alley, or other public 
18 lands within the corporate limits of a city, village,
or 
19 incorporated town, except when an invitee thereon or 
20 therein, for the
purpose of the display of such weapon or 
21 the lawful commerce in weapons, or
except when on his land 
22 or in his or her own abode, legal dwelling, or fixed place 
23 of business, or on the land or in the legal dwelling of 
24 another person as an invitee with that person's 
25 permission, any
pistol, revolver, stun gun, or taser or 
26 other firearm, except that this
subsection (a) (10) does 
 
 
HB1270- 198 -LRB103 04864 RLC 49874 b


1 not apply to or affect transportation of weapons that
meet 
2 one of the following conditions:

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

4   (ii) are not immediately accessible; or

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

10   (iv) are carried or possessed in accordance with 
11 the Firearm Concealed Carry Act by a person who has 
12 been issued a currently valid license under the 
13 Firearm Concealed Carry Act. 
14  A "stun gun or taser", as used in this paragraph (a) 
15 means (i) any device
which is powered by electrical 
16 charging units, such as, batteries, and
which fires one or 
17 several barbs attached to a length of wire and
which, upon 
18 hitting a human, can send out a current capable of 
19 disrupting
the person's nervous system in such a manner as 
20 to render him incapable of
normal functioning or (ii) any 
21 device which is powered by electrical
charging units, such 
22 as batteries, and which, upon contact with a human or

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

26  (11) Sells, manufactures, or purchases any explosive 
 
 
HB1270- 199 -LRB103 04864 RLC 49874 b


1 bullet. For purposes
of this paragraph (a) "explosive 
2 bullet" means the projectile portion of
an ammunition 
3 cartridge which contains or carries an explosive charge 
4 which
will explode upon contact with the flesh of a human 
5 or an animal.
"Cartridge" means a tubular metal case 
6 having a projectile affixed at the
front thereof and a cap 
7 or primer at the rear end thereof, with the
propellant 
8 contained in such tube between the projectile and the cap; 
9 or

10  (12) (Blank); or

11  (13) Carries or possesses on or about his or her 
12 person while in a building occupied by a unit of 
13 government, a billy club, other weapon of like character, 
14 or other instrument of like character intended for use as 
15 a weapon. For the purposes of this Section, "billy club" 
16 means a short stick or club commonly carried by police 
17 officers which is either telescopic or constructed of a 
18 solid piece of wood or other man-made material. 
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), or subsection 24-1(a)(13) commits a 
22Class A
misdemeanor.
A person convicted of a violation of 
23subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; 
24a person
convicted of a violation of subsection 24-1(a)(6) or 
2524-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
26convicted of a violation of subsection
24-1(a)(7)(i) commits a 
 
 
HB1270- 200 -LRB103 04864 RLC 49874 b


1Class 2 felony and shall be sentenced to a term of imprisonment 
2of not less than 3 years and not more than 7 years, unless the 
3weapon is possessed in the
passenger compartment of a motor 
4vehicle as defined in Section 1-146 of the
Illinois Vehicle 
5Code, or on the person, while the weapon is loaded, in which

6case it shall be a Class X felony. A person convicted of a

7second or subsequent violation of subsection 24-1(a)(4), 
824-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
9felony. A person convicted of a violation of subsection 
1024-1(a)(2.5) commits a Class 2 felony. The possession of each 
11weapon in violation of this Section constitutes a single and 
12separate violation.

13 (c) Violations in specific places.

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

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

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

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

12  (1.5) A person who violates subsection 24-1(a)(4), 
13 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
14 the time of day or the time of year,
in residential 
15 property owned, operated, or managed by a public
housing

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

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

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

8 commits a Class 3 felony.

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

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

20 on the real property
comprising any public park, on the 
21 real property comprising any courthouse, in
any conveyance 
22 owned, leased or contracted by a school to transport 
23 students
to or from school or a school related activity, 
24 in any conveyance
owned, leased, or contracted by a public 
25 transportation agency, or on any public way within
1,000 
26 feet of the real property comprising any school, public 
 
 
HB1270- 203 -LRB103 04864 RLC 49874 b


1 park, courthouse,
public transportation facility, or 
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 commits a Class 4 felony. "Courthouse"
means any building 
6 that is used by the Circuit, Appellate, or Supreme Court 
7 of
this State for the conduct of official business.

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

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

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

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

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

 
 
HB1270- 204 -LRB103 04864 RLC 49874 b


1 where one may obtain public transportation.

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

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

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

24 spring or other device in the handle of the knife, does not 
25 apply to a person eligible under State and federal law to 
26 possess a firearm who possesses a currently valid Firearm 
 
 
HB1270- 205 -LRB103 04864 RLC 49874 b


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

5(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)




6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


7 Sec. 24-1.1. Unlawful use or possession of weapons by 
8felons or
persons in the custody of the
Department of 
9Corrections facilities.
10 (a) It is unlawful
for a person to knowingly possess on or 
11about his person or on his land or
in his own abode or fixed 
12place of business any weapon prohibited under
Section 24-1 of 
13this Act or any firearm or any firearm ammunition if the
person 
14has been convicted of a felony under the laws of this State or 
15any
other jurisdiction. This Section shall not apply if the 
16person has been
granted relief under this subsection by the 
17Director of the Illinois State Police
under Section 10 of the 
18Firearm Owners Identification
Card Act. A person prohibited 
19from possessing a firearm under this subsection (a) may 
20petition the Director of the Illinois State Police for a 
21hearing and relief from the prohibition, unless the 
22prohibition was based upon a forcible felony, stalking, 
23aggravated stalking, domestic battery, any violation of the 
24Illinois Controlled Substances Act, the Methamphetamine 
25Control and Community Protection Act, or the Cannabis Control 
 
 
HB1270- 206 -LRB103 04864 RLC 49874 b


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

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

17 forcible felony under the laws of this State or any other 
18 jurisdiction within 20 years of the filing of the 
19 petition, or at least 20 years have passed since the end of 
20 any period of imprisonment imposed in relation to that 
21 conviction;
22  (3) the circumstances regarding a criminal
conviction, 
23 where applicable, the petitioner's criminal history and 
24 his or her reputation are such that the petitioner will 
25 not be likely to act in a manner dangerous to public 
26 safety;
 
 
HB1270- 207 -LRB103 04864 RLC 49874 b


1  (4) granting relief would not be contrary to the

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

4 law. 
5 (b) It is unlawful for any person confined in a penal 
6institution,
which is a facility of the Illinois Department of 
7Corrections, to possess
any weapon prohibited under Section 
824-1 of this Code or any firearm or
firearm ammunition, 
9regardless of the intent with which he possesses it.

10 (c) It shall be an affirmative defense to a violation of 
11subsection (b), that such possession was specifically 
12authorized by rule,
regulation, or directive of the Illinois 
13Department of Corrections or order
issued pursuant thereto.

14 (d) The defense of necessity is not available to a person 
15who is charged
with a violation of subsection (b) of this 
16Section.

17 (e) Sentence. Violation of this Section by a person not 
18confined
in a penal institution shall be a Class 3 felony
for 
19which the person shall be sentenced to no less than 2 years and 
20no
more than 10 years. A second or subsequent violation of this 
21Section shall be a Class 2 felony for which the person shall be 
22sentenced to a term of imprisonment of not less than 3 years 
23and not more than 14 years, except as provided for in Section 
245-4.5-110 of the Unified Code of Corrections. Violation of 
25this Section by a person not confined in a
penal institution 
26who has been convicted of a forcible felony, a felony

 
 
HB1270- 208 -LRB103 04864 RLC 49874 b


1violation of Article 24 of this Code or of the Firearm Owners 
2Identification
Card Act, stalking or aggravated stalking, or a 
3Class 2 or greater felony
under the Illinois Controlled 
4Substances Act, the Cannabis Control Act, or the 
5Methamphetamine Control and Community Protection Act is a

6Class 2 felony for which the person
shall be sentenced to not 
7less than 3 years and not more than 14 years, except as 
8provided for in Section 5-4.5-110 of the Unified Code of 
9Corrections.
Violation of this Section by a person who is on 
10parole or mandatory supervised
release is a Class 2 felony for 
11which the person shall be sentenced to not less than 3 years 
12and not more than 14
years, except as provided for in Section 
135-4.5-110 of the Unified Code of Corrections. Violation of 
14this Section by a person not confined in a penal
institution is 
15a Class X felony when the firearm possessed is a machine gun.

16Any person who violates this Section while confined in a penal

17institution, which is a facility of the Illinois Department of

18Corrections, is guilty of a Class 1
felony, if he possesses any 
19weapon prohibited under Section 24-1 of this
Code regardless 
20of the intent with which he possesses it, a Class X
felony if 
21he possesses any firearm, firearm ammunition or explosive, and 
22a
Class X felony for which the offender shall be sentenced to 
23not less than 12
years and not more than 50 years when the 
24firearm possessed is a machine
gun. A violation of this 
25Section while wearing or in possession of body armor as 
26defined in Section 33F-1 is a Class X felony punishable by a 
 
 
HB1270- 209 -LRB103 04864 RLC 49874 b


1term of imprisonment of not less than 10 years and not more 
2than 40 years.
The possession of each firearm or firearm 
3ammunition in violation of this Section constitutes a single 
4and separate violation.

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


6 (720 ILCS 5/24-1.6)
7 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
8 (a) A person commits the offense of aggravated unlawful 
9use of a weapon when
he or she knowingly:
10  (1) Carries on or about his or her person or in any 
11 vehicle or concealed
on or about his or her person except 
12 when on his or her land or in his or her
abode, legal 
13 dwelling, or fixed place of business, or on the land or in 
14 the legal dwelling of another person as an invitee with 
15 that person's permission, any pistol, revolver, stun gun 
16 or taser or
other firearm; or
17  (2) Carries or possesses on or about his or her 
18 person, upon any public
street, alley, or other public 
19 lands within the corporate limits of a city,
village or 
20 incorporated town, except when an invitee thereon or 
21 therein, for
the purpose of the display of such weapon or 
22 the lawful commerce in weapons, or
except when on his or 
23 her own land or in his or her own abode, legal dwelling, or 
24 fixed place of
business, or on the land or in the legal 
25 dwelling of another person as an invitee with that 
 
 
HB1270- 210 -LRB103 04864 RLC 49874 b


1 person's permission, any pistol, revolver, stun gun or 
2 taser or other firearm; and
3  (3) One of the following factors is present:
4   (A) the firearm, other than a pistol, revolver, or 
5 handgun, possessed was uncased, loaded, and 
6 immediately accessible
at the time of the offense; or
7   (A-5) the pistol, revolver, or handgun possessed 
8 was uncased, loaded, and immediately accessible
at the 
9 time of the offense and the person possessing the 
10 pistol, revolver, or handgun has not been issued a 
11 currently valid license under the Firearm Concealed 
12 Carry Act; or 
13   (B) the firearm, other than a pistol, revolver, or 
14 handgun, possessed was uncased, unloaded, and the 
15 ammunition for
the weapon was immediately accessible 
16 at the time of the offense; or
17   (B-5) the pistol, revolver, or handgun possessed 
18 was uncased, unloaded, and the ammunition for
the 
19 weapon was immediately accessible at the time of the 
20 offense and the person possessing the pistol, 
21 revolver, or handgun has not been issued a currently 
22 valid license under the Firearm Concealed Carry Act; 
23 or 
24   (C) (blank); or the person possessing the firearm 
25 has not been issued a currently
valid Firearm Owner's 
26 Identification Card; or
 
 
HB1270- 211 -LRB103 04864 RLC 49874 b


1   (D) the person possessing the weapon was 
2 previously adjudicated
a delinquent minor under the 
3 Juvenile Court Act of 1987 for an act that if
committed 
4 by an adult would be a felony; or
5   (E) the person possessing the weapon was engaged 
6 in a misdemeanor
violation of the Cannabis
Control 
7 Act, in a misdemeanor violation of the Illinois 
8 Controlled Substances
Act, or in a misdemeanor 
9 violation of the Methamphetamine Control and Community 
10 Protection Act; or
11   (F) (blank); or
12   (G) the person possessing the weapon had an order 
13 of protection issued
against him or her within the 
14 previous 2 years; or
15   (H) the person possessing the weapon was engaged 
16 in the commission or
attempted commission of
a 
17 misdemeanor involving the use or threat of violence 
18 against
the person or property of another; or
19   (I) the person possessing the weapon was under 21 
20 years of age and in
possession of a handgun, unless the 
21 person under 21
is engaged in lawful activities under 
22 the Wildlife Code or described in
subsection 
23 24-2(b)(1), (b)(3), or 24-2(f).
24 (a-5) "Handgun" as used in this Section has the meaning 
25given to it in Section 5 of the Firearm Concealed Carry Act. 
26 (b) "Stun gun or taser" as used in this Section has the 
 
 
HB1270- 212 -LRB103 04864 RLC 49874 b


1same definition
given to it in Section 24-1 of this Code.
2 (c) This Section does not apply to or affect the 
3transportation or
possession
of weapons that:
4  (i) are broken down in a non-functioning state; or
5  (ii) are not immediately accessible; or
6  (iii) are unloaded and enclosed in a case, firearm 
7 carrying box,
shipping box, or other container by a person 
8 eligible under State and federal law to possess a firearm 
9 who has been issued a currently
valid Firearm Owner's

10 Identification Card.
11 (d) Sentence.
12  (1) Aggravated unlawful use of a weapon is a Class 4 
13 felony;
a second or subsequent offense is a Class 2 felony 
14 for which the person shall be sentenced to a term of 
15 imprisonment of not less than 3 years and not more than 7 
16 years, except as provided for in Section 5-4.5-110 of the 
17 Unified Code of Corrections. 
18  (2) (Blank). Except as otherwise provided in 
19 paragraphs (3) and (4) of this subsection (d), a first 
20 offense of aggravated unlawful use of a weapon committed 
21 with a firearm by a person 18 years of age or older where 
22 the factors listed in both items (A) and (C) or both items 
23 (A-5) and (C) of paragraph (3) of subsection (a) are 
24 present is a Class 4 felony, for which the person shall be 
25 sentenced to a term of imprisonment of not less than one 
26 year and not more than 3 years.
 
 
HB1270- 213 -LRB103 04864 RLC 49874 b


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

15 (e) The possession of each firearm in violation of this 
16Section constitutes a single and separate violation.
17(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

18 (720 ILCS 5/24-1.8)
19 Sec. 24-1.8. Unlawful possession of a firearm by a street 
20gang member.
21 (a) A person
commits unlawful possession of a firearm by a 
22street gang member when he or she knowingly:
23  (1) possesses, carries, or conceals on or about his or 
24 her person a firearm and firearm ammunition while on any 
25 street, road, alley, gangway, sidewalk, or any other 
 
 
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1 lands, except when inside his or her own abode or inside 
2 his or her fixed place of business, and has not been issued 
3 a currently valid Firearm Owner's Identification Card and 
4 is a member of a street gang; or
5  (2) possesses or carries in any vehicle a firearm and 
6 firearm ammunition which are both immediately accessible 
7 at the time of the offense while on any street, road, 
8 alley, or any other lands, except when inside his or her 
9 own abode or garage, and has not been issued a currently 
10 valid Firearm Owner's Identification Card and is a member 
11 of a street gang.
12 (b) Unlawful possession of a firearm by a street gang 
13member is a Class 2 felony for which the person, if sentenced 
14to a term of imprisonment, shall be sentenced to no less than 3 
15years and no more than 10 years. A period of probation, a term 
16of periodic imprisonment or conditional discharge shall not be 
17imposed for the offense of unlawful possession of a firearm by 
18a street gang member when the firearm was loaded or contained 
19firearm ammunition and the court shall sentence the offender 
20to not less than the minimum term of imprisonment authorized 
21for the Class 2 felony.
22 (c) For purposes of this Section:
23  "Street gang" or "gang" has the meaning ascribed to it 
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
25 Prevention Act.
26  "Street gang member" or "gang member" has the meaning 
 
 
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1 ascribed to it in Section 10 of the Illinois Streetgang 
2 Terrorism Omnibus Prevention Act.

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



4 (720 ILCS 5/24-2)



5 Sec. 24-2. Exemptions. 

6 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
724-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
8the following:

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

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

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

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

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

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

10 Private Security, Fingerprint Vendor, and Locksmith Act of 
11 2004,
while actually
engaged in the performance of the 
12 duties of their employment or commuting
between their 
13 homes and places of employment. A person shall be 
14 considered eligible for this
exemption if he or she has 
15 completed the required 20
hours of training for a private 
16 security contractor, private
detective, or private alarm 
17 contractor, or employee of a licensed private security 
18 contractor, private detective, or private alarm contractor 
19 agency and 28 hours of required firearm
training, and has 
20 been issued a firearm control card by
the Department of 
21 Financial and Professional Regulation. Conditions for the 
22 renewal of
firearm control cards issued under the 
23 provisions of this Section
shall be the same as for those 
24 cards issued under the provisions of the
Private 
25 Detective, Private Alarm,
Private Security, Fingerprint 
26 Vendor, and Locksmith Act of 2004. The
firearm control 
 
 
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1 card shall be carried by the private security contractor, 
2 private
detective, or private alarm contractor, or 
3 employee of the licensed private security contractor, 
4 private detective, or private alarm contractor agency at 
5 all
times when he or she is in possession of a concealable 
6 weapon permitted by his or her firearm control card.

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

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

22 exemption if he or she has completed the required 20
hours 
23 of training for a security officer and 28 hours of 
24 required firearm
training, and has been issued a firearm 
25 control card by
the Department of Financial and 
26 Professional Regulation. Conditions for the renewal of

 
 
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1 firearm control cards issued under the provisions of this 
2 Section
shall be the same as for those cards issued under 
3 the provisions of the
Private Detective, Private Alarm,

4 Private Security, Fingerprint Vendor, and Locksmith Act of 
5 2004. The
firearm control card shall be carried by the 
6 security guard at all
times when he or she is in possession 
7 of a concealable weapon permitted by his or her firearm 
8 control card.

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

13 any investigation for the Commission.

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

17 actually engaged in the performance of their duties, 
18 commuting between
their homes and places of employment, or 
19 traveling between sites or
properties owned or operated by 
20 such financial institution, and who, as a security guard, 
21 is a member of a security force registered with the 
22 Department; provided that
any person so employed has 
23 successfully completed a course of study,
approved by and 
24 supervised by the Department of Financial and Professional 
25 Regulation,
consisting of not less than 48 hours of 
26 training which includes theory of
law enforcement, 
 
 
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1 liability for acts, and the handling of weapons.
A person 
2 shall be considered to be eligible for this exemption if 
3 he or
she has completed the required 20 hours of training 
4 for a security officer
and 28 hours of required firearm 
5 training, and has been issued a
firearm control card by 
6 the Department of Financial and Professional Regulation.

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

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

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

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

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

5  (12.5) Probation officers while in the performance of 
6 their duties, or
while commuting between their homes, 
7 places of employment or specific locations
that are part 
8 of their assigned duties, with the consent of the chief 
9 judge of
the circuit for which they are employed, if they 
10 have received weapons training according
to requirements 
11 of the Peace Officer and Probation Officer Firearm 
12 Training Act.

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

17  (13.5) A person employed as an armed security guard at 
18 a nuclear energy,
storage, weapons or development site or 
19 facility regulated by the Nuclear
Regulatory Commission 
20 who has completed the background screening and training

21 mandated by the rules and regulations of the Nuclear 
22 Regulatory Commission.

23  (14) Manufacture, transportation, or sale of weapons 
24 to
persons
authorized under subdivisions (1) through 
25 (13.5) of this
subsection
to
possess those weapons.

26 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
 
 
HB1270- 221 -LRB103 04864 RLC 49874 b


1to
or affect any person carrying a concealed pistol, revolver, 
2or handgun and the person has been issued a currently valid 
3license under the Firearm Concealed Carry Act at the time of 
4the commission of the offense.
5 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
6to
or affect a qualified current or retired law enforcement 
7officer or a current or retired deputy, county correctional 
8officer, or correctional officer of the Department of 
9Corrections qualified under the laws of this State or under 
10the federal Law Enforcement Officers Safety Act. 
11 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1224-1.6 do not
apply to or affect
any of the following:

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

18  (2) Duly authorized military or civil organizations 
19 while parading,
with the special permission of the 
20 Governor.

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

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

26  (5) Carrying or possessing any pistol, revolver, stun 
 
 
HB1270- 222 -LRB103 04864 RLC 49874 b


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

6  (1) Peace officers while in performance of their 
7 official duties.

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

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

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

19  (5) Persons licensed under federal law to manufacture 
20 any weapon from
which 8 or more shots or bullets can be 
21 discharged by a
single function of the firing device, or 
22 ammunition for such weapons, and
actually engaged in the 
23 business of manufacturing such weapons or
ammunition, but 
24 only with respect to activities which are within the 
25 lawful
scope of such business, such as the manufacture, 
26 transportation, or testing
of such weapons or ammunition. 
 
 
HB1270- 223 -LRB103 04864 RLC 49874 b


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

7  During transportation, such weapons shall be broken 
8 down in a
non-functioning state or not immediately 
9 accessible.

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

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

23 shall also apply to any authorized agent of any such 
24 contractor or
subcontractor who is operating within the 
25 scope of his employment, where
such activities involving 
26 such weapon, weapons or ammunition are necessary
and 
 
 
HB1270- 224 -LRB103 04864 RLC 49874 b


1 incident to fulfilling the terms of such contract.

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

17 (e) Subsection 24-1(a)(8) does not apply to any owner, 
18manager or
authorized employee of any place specified in that 
19subsection nor to any
law enforcement officer.

20 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
21Section 24-1.6
do not apply
to members of any club or 
22organization organized for the purpose of practicing
shooting 
23at targets upon established target ranges, whether public or 
24private,
while using their firearms on those target ranges.

25 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
26to:

 
 
HB1270- 225 -LRB103 04864 RLC 49874 b


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

4  (2) Bonafide collectors of antique or surplus military 
5 ordnance.

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

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

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

18 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
19persons licensed
under federal law to manufacture any device 
20or attachment of any kind designed,
used, or intended for use 
21in silencing the report of any firearm, firearms, or

22ammunition
for those firearms equipped with those devices, and 
23actually engaged in the
business of manufacturing those 
24devices, firearms, or ammunition, but only with
respect to

25activities that are within the lawful scope of that business, 
26such as the
manufacture, transportation, or testing of those 
 
 
HB1270- 226 -LRB103 04864 RLC 49874 b


1devices, firearms, or
ammunition. This
exemption does not 
2authorize the general private possession of any device or

3attachment of any kind designed, used, or intended for use in 
4silencing the
report of any firearm, but only such possession 
5and activities as are within
the
lawful scope of a licensed 
6manufacturing business described in this subsection
(g-5). 
7During transportation, these devices shall be detached from 
8any weapon
or
not immediately accessible.

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

1024-1.6 do not apply to
or affect any parole agent or parole 
11supervisor who meets the qualifications and conditions 
12prescribed in Section 3-14-1.5 of the Unified Code of 
13Corrections. 
14 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
15officer while serving as a member of a tactical response team 
16or special operations team. A peace officer may not personally 
17own or apply for ownership of a device or attachment of any 
18kind designed, used, or intended for use in silencing the 
19report of any firearm. These devices shall be owned and 
20maintained by lawfully recognized units of government whose 
21duties include the investigation of criminal acts.
22 (g-10) (Blank). 
23 (h) An information or indictment based upon a violation of 
24any
subsection of this Article need not negative any 
25exemptions contained in
this Article. The defendant shall have 
26the burden of proving such an
exemption.

 
 
HB1270- 227 -LRB103 04864 RLC 49874 b


1 (i) Nothing in this Article shall prohibit, apply to, or 
2affect
the transportation, carrying, or possession, of any 
3pistol or revolver,
stun gun, taser, or other firearm 
4consigned to a common carrier operating
under license of the 
5State of Illinois or the federal government, where
such 
6transportation, carrying, or possession is incident to the 
7lawful
transportation in which such common carrier is engaged; 
8and nothing in this
Article shall prohibit, apply to, or 
9affect the transportation, carrying,
or possession of any 
10pistol, revolver, stun gun, taser, or other firearm,
not the 
11subject of and regulated by subsection 24-1(a)(7) or 
12subsection
24-2(c) of this Article, which is unloaded and 
13enclosed in a case, firearm
carrying box, shipping box, or 
14other container, by a person eligible under State and federal 
15law to possess a firearm the possessor of a valid
Firearm 
16Owners Identification Card.

17(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; 
18102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised 
1912-14-22.)



20 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

22 (A) A person commits the offense of unlawful sale or 
23delivery of firearms when he
or she knowingly does any of the 
24following:

25  (a) Sells or gives any firearm of a size which may be 
 
 
HB1270- 228 -LRB103 04864 RLC 49874 b


1 concealed upon the
person to any person under 18 years of 
2 age.

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

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

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

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

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

26  (g) Delivers any firearm, incidental to a sale, 
 
 
HB1270- 229 -LRB103 04864 RLC 49874 b


1 without withholding delivery of the firearm
for at least 
2 72 hours after application for its purchase has been made, 
3 or
delivers a stun gun or taser, incidental to a sale,

4 without withholding delivery of the stun gun or taser for

5 at least 24 hours after application for its purchase has 
6 been made.
However,
this paragraph (g) does not apply to: 
7 (1) the sale of a firearm
to a law enforcement officer if 
8 the seller of the firearm knows that the person to whom he 
9 or she is selling the firearm is a law enforcement officer 
10 or the sale of a firearm to a person who desires to 
11 purchase a firearm for
use in promoting the public 
12 interest incident to his or her employment as a
bank 
13 guard, armed truck guard, or other similar employment; (2) 
14 a mail
order sale of a firearm from a federally licensed 
15 firearms dealer to a nonresident of Illinois under which 
16 the firearm
is mailed to a federally licensed firearms 
17 dealer outside the boundaries of Illinois; (3) (blank); 
18 (4) the sale of a
firearm to a dealer licensed as a federal 
19 firearms dealer under Section 923
of the federal Gun 
20 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
21 sale of any rifle, shotgun, or other long gun to a resident 
22 registered competitor or attendee or non-resident 
23 registered competitor or attendee by any dealer licensed 
24 as a federal firearms dealer under Section 923 of the 
25 federal Gun Control Act of 1968 at competitive shooting 
26 events held at the World Shooting Complex sanctioned by a 
 
 
HB1270- 230 -LRB103 04864 RLC 49874 b


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

26  (h) While holding any license
as a dealer,
importer, 
 
 
HB1270- 231 -LRB103 04864 RLC 49874 b


1 manufacturer or pawnbroker
under the federal Gun Control 
2 Act of 1968,
manufactures, sells or delivers to any 
3 unlicensed person a handgun having
a barrel, slide, frame 
4 or receiver which is a die casting of zinc alloy or
any 
5 other nonhomogeneous metal which will melt or deform at a 
6 temperature
of less than 800 degrees Fahrenheit. For 
7 purposes of this paragraph, (1)
"firearm" is defined as in 
8 the Firearm Owners Identification Card Act; and (2)

9 "handgun" is defined as a firearm designed to be held
and 
10 fired by the use of a single hand, and includes a 
11 combination of parts from
which such a firearm can be 
12 assembled.

13  (i) Sells or gives a firearm of any size to any person 
14 who is not eligible under State or federal law to possess a 
15 firearm under 18 years of
age who does not possess a valid 
16 Firearm Owner's Identification Card.

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

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

25 principal objective of livelihood and profit, but does not 
26 include a person who
makes occasional repairs of firearms 
 
 
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1 or who occasionally fits special barrels,
stocks, or 
2 trigger mechanisms to firearms.

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

10 repetitive purchase and disposition of firearms for 
11 criminal purposes or
terrorism.

12  (k) (Blank). Sells or transfers ownership of a firearm 
13 to a person who does not display to the seller or 
14 transferor of the firearm either: (1) a currently valid 
15 Firearm Owner's Identification Card that has previously 
16 been issued in the transferee's name by the Illinois State 
17 Police under the provisions of the Firearm Owners 
18 Identification Card Act; or (2) a currently valid license 
19 to carry a concealed firearm that has previously been 
20 issued in the transferee's name by the
Illinois State 
21 Police under the Firearm Concealed Carry Act. This 
22 paragraph (k) does not apply to the transfer of a firearm 
23 to a person who is exempt from the requirement of 
24 possessing a Firearm Owner's Identification Card under 
25 Section 2 of the Firearm Owners Identification Card Act. 
26 For the purposes of this Section, a currently valid 
 
 
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1 Firearm Owner's Identification Card or license to carry a 
2 concealed firearm means receipt of an approval number 
3 issued in accordance with subsection (a-10) of Section 3 
4 or Section 3.1 of the Firearm Owners Identification Card 
5 Act.
6   (1) In addition to the other requirements of this 
7 paragraph (k), all persons who are not federally 
8 licensed firearms dealers must also have complied with 
9 subsection (a-10) of Section 3 of the Firearm Owners 
10 Identification Card Act by determining the validity of 
11 a purchaser's Firearm Owner's Identification Card.
12   (2) All sellers or transferors who have complied 
13 with the requirements of subparagraph (1) of this 
14 paragraph (k) shall not be liable for damages in any 
15 civil action arising from the use or misuse by the 
16 transferee of the firearm transferred, except for 
17 willful or wanton misconduct on the part of the seller 
18 or transferor. 
19  (l) Not
being entitled to the possession of a firearm, 
20 delivers the
firearm, knowing it to have been stolen or 
21 converted. It may be inferred that
a person who possesses 
22 a firearm with knowledge that its serial number has
been 
23 removed or altered has knowledge that the firearm is 
24 stolen or converted. 
25 (B) Paragraph (h) of subsection (A) does not include 
26firearms sold within 6
months after enactment of Public
Act 
 
 
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178-355 (approved August 21, 1973, effective October 1, 1973), 
2nor is any
firearm legally owned or
possessed by any citizen or 
3purchased by any citizen within 6 months after the
enactment 
4of Public Act 78-355 subject
to confiscation or seizure under 
5the provisions of that Public Act. Nothing in
Public Act 
678-355 shall be construed to prohibit the gift or trade of
any 
7firearm if that firearm was legally held or acquired within 6 
8months after
the enactment of that Public Act.

9 (C) Sentence.

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

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

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

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

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

17  (5) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of
paragraph (a) or (i) of 
19 subsection (A) in residential property owned,
operated, or 
20 managed by a public housing agency or leased by a public 
21 housing
agency as part of a scattered site or mixed-income 
22 development, in a public
park, in a
courthouse, on 
23 residential property owned, operated, or managed by a 
24 public
housing agency or leased by a public housing agency 
25 as part of a scattered site
or mixed-income development, 
26 on the real property comprising any public park,
on the 
 
 
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1 real
property comprising any courthouse, or on any public 
2 way within 1,000 feet
of the real property comprising any 
3 public park, courthouse, or residential
property owned, 
4 operated, or managed by a public housing agency or leased 
5 by a
public housing agency as part of a scattered site or 
6 mixed-income development
commits a
Class 2 felony.

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


18  (8) A person 18 years of age or older convicted of 
19 unlawful sale or delivery of firearms in violation of 
20 paragraph (a) or (i) of subsection (A), when the firearm 
21 that was sold or given to another person under 18 years of 
22 age was used in the commission of or attempt to commit a 
23 forcible felony, shall be fined or imprisoned, or both, 
24 not to exceed the maximum provided for the most serious 
25 forcible felony so committed or attempted by the person 
26 under 18 years of age who was sold or given the firearm. 
 
 
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1  (9) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of
paragraph (d) of subsection 
3 (A) commits a Class 3 felony.
4  (10) Any person convicted of unlawful sale or delivery 
5 of firearms in violation of paragraph (l) of subsection 
6 (A) commits a Class 2 felony if the delivery is of one 
7 firearm. Any person convicted of unlawful sale or delivery 
8 of firearms in violation of paragraph (l) of subsection 
9 (A) commits a Class 1 felony if the delivery is of not less 
10 than 2 and not more than 5 firearms at the
same time or 
11 within a one-year period. Any person convicted of unlawful 
12 sale or delivery of firearms in violation of paragraph (l) 
13 of subsection (A) commits a Class X felony for which he or 
14 she shall be sentenced
to a term of imprisonment of not 
15 less than 6 years and not more than 30
years if the 
16 delivery is of not less than 6 and not more than 10 
17 firearms at the
same time or within a 2-year period. Any 
18 person convicted of unlawful sale or delivery of firearms 
19 in violation of paragraph (l) of subsection (A) commits a 
20 Class X felony for which he or she shall be sentenced
to a 
21 term of imprisonment of not less than 6 years and not more 
22 than 40
years if the delivery is of not less than 11 and 
23 not more than 20 firearms at the
same time or within a 
24 3-year period. Any person convicted of unlawful sale or 
25 delivery of firearms in violation of paragraph (l) of 
26 subsection (A) commits a Class X felony for which he or she 
 
 
HB1270- 238 -LRB103 04864 RLC 49874 b


1 shall be sentenced
to a term of imprisonment of not less 
2 than 6 years and not more than 50
years if the delivery is 
3 of not less than 21 and not more than 30 firearms at the

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

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

12 "School" means a public or private elementary or secondary 
13school,
community college, college, or university.

14 "School related activity" means any sporting, social, 
15academic, or
other activity for which students' attendance or 
16participation is sponsored,
organized, or funded in whole or 
17in part by a school or school district.

18 (E) A prosecution for a violation of paragraph (k) of 
19subsection (A) of this Section may be commenced within 6 years 
20after the commission of the offense. A prosecution for a 
21violation of this Section other than paragraph (g) of 
22subsection (A) of this Section may be commenced within 5 years 
23after the commission of the offense defined in the particular 
24paragraph.

25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
26102-813, eff. 5-13-22.)




 
 
HB1270- 239 -LRB103 04864 RLC 49874 b


1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



2 Sec. 24-3.1. Unlawful possession of firearms and firearm 
3ammunition. 

4 (a) A person commits the offense of unlawful possession of 
5firearms
or firearm ammunition when:


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


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


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


15  (4) He has been a patient in a mental institution 
16 within the past 5 years
and has
any firearms or firearm 
17 ammunition in his possession. For purposes of this 
18 paragraph (4):
19   "Mental institution" means any hospital, 
20 institution, clinic, evaluation facility, mental 
21 health center, or part thereof, which is used 
22 primarily for the care or treatment of persons with 
23 mental illness.
24   "Patient in a mental institution" means the person 
25 was admitted, either voluntarily or involuntarily, to 
 
 
HB1270- 240 -LRB103 04864 RLC 49874 b


1 a mental institution for mental health treatment, 
2 unless the treatment was voluntary and solely for an 
3 alcohol abuse disorder and no other secondary 
4 substance abuse disorder or mental illness; or


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


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

9 For purposes of this paragraph "explosive bullet" means 
10the projectile
portion of an ammunition cartridge which 
11contains or carries an explosive
charge which will explode 
12upon contact with the flesh of a human or an animal.

13"Cartridge" means a tubular metal case having a projectile 
14affixed at the
front thereof and a cap or primer at the rear 
15end thereof, with the propellant
contained in such tube 
16between the projectile and the cap.

17 (a-5) A person prohibited from possessing a firearm under 
18this Section may petition the Director of the Illinois State 
19Police for a hearing and relief from the prohibition, unless 
20the prohibition was based upon a forcible felony, stalking, 
21aggravated stalking, domestic battery, any violation of the 
22Illinois Controlled Substances Act, the Methamphetamine 
23Control and Community Protection Act, or the Cannabis Control 
24Act that is classified as a Class 2 or greater felony, any 
25felony violation of Article 24 of the Criminal Code of 1961 or 
26the Criminal Code of 2012, or any adjudication as a delinquent 
 
 
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1minor for the commission of an offense that if committed by an 
2adult would be a felony, in which case the person may petition 
3the circuit court in writing in the county of his or her 
4residence for a hearing and relief from the prohibition. The 
5Director or court may grant the relief if it is established by 
6the petitioner to the court's or Director's satisfaction that: 
7  (1) when in the circuit court, the State's Attorney 
8 has been served with a written copy of the petition at 
9 least 30 days before any hearing in the circuit court and 
10 at the hearing the State's Attorney was afforded an 
11 opportunity to present evidence and object to the 
12 petition;
13  (2) the petitioner has not been convicted of a

14 forcible felony under the laws of this State or any other 
15 jurisdiction within 20 years of the filing of the 
16 petition, or at least 20 years have passed since the end of 
17 any period of imprisonment imposed in relation to that 
18 conviction;
19  (3) the circumstances regarding a criminal
conviction, 
20 where applicable, the petitioner's criminal history and 
21 his reputation are such that the petitioner will not be 
22 likely to act in a manner dangerous to public safety;
23  (4) granting relief would not be contrary to the

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

26 law. 
 
 
HB1270- 242 -LRB103 04864 RLC 49874 b


1 (b) Sentence.

2 Unlawful possession of firearms, other than handguns, and 
3firearm
ammunition is a Class A misdemeanor. Unlawful 
4possession of handguns is a
Class 4 felony. The possession of 
5each firearm or firearm ammunition in violation of this 
6Section constitutes a single and separate violation.


7 (c) Nothing in paragraph (1) of subsection (a) of this 
8Section prohibits
a person under 18 years of age from 
9participating in any lawful recreational
activity with a 
10firearm such as, but not limited to, practice shooting at

11targets upon established public or private target ranges or 
12hunting, trapping,
or fishing in accordance with the Wildlife 
13Code or the Fish and Aquatic Life
Code.

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





15 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



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

17 (a) A person
commits the offense of unlawful discharge of 
18firearm projectiles when he
or she knowingly
or recklessly 
19uses an armor piercing bullet, dragon's
breath shotgun shell, 
20bolo shell, or flechette
shell
in violation of
this Section.

21 For purposes of this Section:

22 "Armor piercing bullet" means
any handgun bullet or 
23handgun ammunition with projectiles or projectile cores

24constructed entirely (excluding the presence of traces of 
25other substances)
from tungsten alloys, steel, iron, brass, 
 
 
HB1270- 243 -LRB103 04864 RLC 49874 b


1bronze, beryllium copper
or depleted uranium, or fully 
2jacketed bullets larger than 22 caliber whose
jacket
has a 
3weight of more than 25% of the total weight of the projectile, 
4and
excluding those handgun
projectiles whose cores are 
5composed of soft materials such as lead or lead
alloys, zinc or 
6zinc alloys, frangible projectiles designed primarily for

7sporting purposes, and any
other projectiles or projectile 
8cores that the U. S. Secretary of the Treasury
finds to be 
9primarily intended to be used for sporting purposes or 
10industrial
purposes or that otherwise does not constitute 
11"armor piercing ammunition" as
that term is defined by federal 
12law.

13 "Dragon's breath shotgun shell" means any shotgun shell 
14that contains
exothermic pyrophoric mesh metal as the 
15projectile and is designed for the
purpose of throwing or 
16spewing a flame or fireball to simulate a flame-thrower.

17 "Bolo shell" means any shell that can be fired in a firearm 
18and expels as
projectiles 2 or more metal balls connected by 
19solid metal wire.

20 "Flechette shell" means any shell that can be fired in a 
21firearm and expels
2 or more pieces of fin-stabilized solid 
22metal wire or 2 or more solid
dart-type
projectiles.

23 (b) A person commits a Class X felony when he or she, 
24knowing that a
firearm,
as defined in Section
1.1 of the 
25Firearm Owners Identification Card
Act, is loaded with an 
26armor
piercing bullet, dragon's breath shotgun shell, bolo

 
 
HB1270- 244 -LRB103 04864 RLC 49874 b


1shell, or flechette
shell,
intentionally or recklessly 
2discharges such firearm and such bullet or
shell strikes
any 
3other person.

4 (c) Any person who possesses, concealed on or about his or 
5her person,
an armor
piercing bullet, dragon's breath shotgun 
6shell, bolo
shell, or flechette
shell
and a firearm suitable 
7for the discharge thereof is guilty
of a Class 2 felony.

8 (d) This Section does not apply to or affect any of the 
9following:


10  (1) Peace officers;


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
duties;


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


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

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





22 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



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

24 (a) It shall be unlawful for any person who holds a license 
25to sell at
retail any alcoholic liquor issued by the Illinois 
 
 
HB1270- 245 -LRB103 04864 RLC 49874 b


1Liquor Control
Commission or local liquor control commissioner 
2under the Liquor Control Act
of 1934 or an agent or employee of 
3the licensee to sell or deliver to any
other person a firearm 
4in or on the real property of the establishment
where the 
5licensee is licensed to sell alcoholic liquors unless the sale 
6or
delivery of the firearm is otherwise lawful under this 
7Article and under the
Firearm Owners Identification Card Act.

8 (b) Sentence. A violation of subsection (a) of this 
9Section is a
Class 4 felony.

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





11 (720 ILCS 5/24-3.5)


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

13 (a) For purposes of this Section,
"firearms transaction 
14record form" means a form:


15  (1) executed by a transferee
of a firearm stating: (i) 
16 the transferee's name and address (including county
or 
17 similar political subdivision); (ii) whether the 
18 transferee is a citizen of
the United States;
(iii) the 
19 transferee's State of residence; and (iv) the date and 
20 place of
birth, height, weight, and race of the 
21 transferee; and


22  (2) on which the transferee certifies that he or she 
23 is not
prohibited by federal law from transporting or 
24 shipping a firearm
in interstate or foreign commerce or 
25 receiving a firearm that has been shipped
or transported 
 
 
HB1270- 246 -LRB103 04864 RLC 49874 b


1 in interstate or foreign commerce or possessing a firearm 
2 in or
affecting commerce.

3 (b) A person commits the offense of unlawful purchase of a 
4firearm who
knowingly purchases or attempts to purchase a

5firearm with the intent to deliver that firearm to another 
6person who
is prohibited by federal or State law from 
7possessing a firearm.

8 (c) A person commits the offense of unlawful purchase of a 
9firearm when he
or she, in purchasing or attempting to 
10purchase a firearm, intentionally
provides false or
misleading 
11information on a United States Department of the Treasury, 
12Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
13record form.

14 (d) Exemption. It is not a violation of subsection (b) of 
15this Section for a
person to make a gift or loan of a firearm 
16to a
person who is not
prohibited by federal or State law from 
17possessing a firearm
if the transfer of the firearm
is made in 
18accordance with Section 3 of the Firearm Owners Identification 
19Card
Act.

20 (e) Sentence.


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


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


25   (B) is guilty of a Class 1 felony for purchasing or 
26 attempting to
purchase not less than 2
firearms and 
 
 
HB1270- 247 -LRB103 04864 RLC 49874 b


1 not more than 5 firearms at the same time or within a 
2 one
year period;


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

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


8  (2) In addition to any other penalty that may be 
9 imposed for a violation
of this Section, the court may 
10 sentence a person convicted of a violation of
subsection 
11 (c) of this Section to a fine not to exceed $250,000 for 
12 each
violation.

13 (f) A prosecution for unlawful purchase of a firearm may 
14be commenced within 6 years after the commission of the 
15offense.

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


17 (720 ILCS 5/24-3B)
18 Sec. 24-3B. Firearms trafficking.
19 (a) A person commits firearms trafficking when he or she 
20is prohibited under federal or State law from possessing a 
21firearm has not been issued a currently valid Firearm Owner's 
22Identification Card and knowingly:
23  (1) brings, or causes to be brought, into this State, 
24 a firearm or firearm ammunition for the purpose of sale, 
25 delivery, or transfer to any other person or with the 
 
 
HB1270- 248 -LRB103 04864 RLC 49874 b


1 intent to sell, deliver, or transfer the firearm or 
2 firearm ammunition to any other person; or
3  (2) brings, or causes to be brought, into this State, 
4 a firearm and 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 and 
7 firearm ammunition to any other person.
8 (a-5) (Blank). This Section does not apply to: 
9  (1) a person exempt under Section 2 of the Firearm 
10 Owners Identification Card Act from the requirement of 
11 having possession of a Firearm Owner's Identification Card 
12 previously issued in his or her name by the Illinois State 
13 Police in order to acquire or possess a firearm or firearm 
14 ammunition; 
15  (2) a common carrier under subsection (i) of Section 
16 24-2 of this Code; or 
17  (3) a non-resident who may lawfully possess a firearm 
18 in his or her resident state. 
19 (b) Sentence.
20  (1) Firearms trafficking is a Class 1 felony for which 
21 the person, if sentenced to a term of imprisonment, shall 
22 be sentenced to not less than 4 years and not more than 20 
23 years.
24  (2) Firearms trafficking by a person who has been 
25 previously convicted of firearms trafficking, gunrunning, 
26 or a felony offense for the unlawful sale, delivery, or 
 
 
HB1270- 249 -LRB103 04864 RLC 49874 b


1 transfer of a firearm or firearm ammunition in this State 
2 or another jurisdiction is a Class X felony. 

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

4 (720 ILCS 5/24-4.1)

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

6 (a) If a person who possesses a valid Firearm Owner's 
7Identification Card and who possesses or acquires a firearm 
8thereafter loses the firearm, or if the firearm is stolen from 
9the person, the person must report the loss or theft to the 
10local law enforcement agency within 72 hours after obtaining 
11knowledge of the loss or theft.
12 (b) A law enforcement agency having jurisdiction shall 
13take a written report and shall, as soon as practical, enter 
14the firearm's serial number as stolen into the Law Enforcement 
15Agencies Data System (LEADS).
16 (c) A person shall not be in violation of this Section if:
17  (1) the failure to report is due to an act of God, act 
18 of war, or inability of a law enforcement agency to 
19 receive the report;
20  (2) the person is hospitalized, in a coma, or is 
21 otherwise seriously physically or mentally impaired as to 
22 prevent the person from reporting; or
23  (3) the person's designee makes a report if the person 
24 is unable to make the report. 
25 (d) Sentence. A person who violates this Section is guilty 
 
 
HB1270- 250 -LRB103 04864 RLC 49874 b


1of a petty offense for a first violation. A second or 
2subsequent violation of this Section is a Class A misdemeanor.

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

4 (720 ILCS 5/24-4.5 new)

5 Sec. 24-4.5. Dial up system.
6 (a) The Illinois State Police shall provide
a dial up 
7telephone system or utilize other existing technology which 
8shall be used by any federally licensed
firearm dealer, gun 
9show promoter, or gun show vendor who is to transfer a firearm, 
10stun gun, or taser under the provisions of this
Code. The 
11Illinois State Police may utilize existing technology which

12allows the caller to be charged a fee not to exceed $2. Fees 
13collected by the Illinois
State Police shall be deposited in 
14the State Police Services Fund and used
to provide the 
15service.
16 (b) Upon receiving a request from a federally licensed 
17firearm dealer, gun show promoter, or gun show vendor, the

18Illinois State Police shall immediately approve, or within the 
19time
period established by Section 24-3 of this Code regarding

20the delivery of firearms, stun guns, and tasers notify the 
21inquiring dealer, gun show promoter, or gun show vendor of any 
22objection that
would disqualify the transferee from acquiring 
23or possessing a firearm, stun gun, or taser. In
conducting the 
24inquiry, the Illinois State Police shall initiate and
complete 
25an automated search of its criminal history record information

 
 
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1files and those of the Federal Bureau of Investigation, 
2including the
National Instant Criminal Background Check 
3System, and of the files of
the Department of Human Services 
4relating to mental health and
developmental disabilities to 
5obtain
any felony conviction or patient hospitalization 
6information which would
disqualify a person from obtaining a 
7firearm.
8 (c) If receipt of a firearm would not violate Section 24-3 
9of this Code or federal law, the Illinois State Police shall:

10  (1) assign a unique identification number to the 
11 transfer; and
12  (2) provide the licensee, gun show promoter, or gun 
13 show vendor with the number.
14 (d) Approvals issued by the Illinois State Police for the 
15purchase of a firearm are valid for 30 days from the date of 
16issue.

17 (e)(1) The Illinois State Police must act as the Illinois 
18Point of Contact
for the National Instant Criminal Background 
19Check System.
20 (2) The Illinois State Police and the Department of Human 
21Services shall, in accordance with State and federal law 
22regarding confidentiality, enter into a memorandum of 
23understanding with the Federal Bureau of Investigation for the 
24purpose of implementing the National Instant Criminal 
25Background Check System in the State. The Illinois State 
26Police shall report the name, date of birth, and physical 
 
 
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1description of any person prohibited from possessing a firearm 
2under this Code or 18 U.S.C. 922(g) and (n) to the National 
3Instant Criminal Background Check System Index, Denied Persons 
4Files.
5 (f) The Illinois State Police shall adopt rules not 
6inconsistent with this Section to implement this
system.


7 (720 ILCS 5/24-5.1)
8 Sec. 24-5.1. Serialization of unfinished frames or 
9receivers; prohibition on unserialized firearms; exceptions; 
10penalties.
11 (a) In this Section:
12 "Bona fide supplier" means an established business entity 
13engaged in the development and sale of firearms parts to one or 
14more federal firearms manufacturers or federal firearms 
15importers. 
16 "Federal firearms dealer" means a licensed manufacturer 
17pursuant to 18 U.S.C. 921(a)(11).
18 "Federal firearms importer" means a licensed importer 
19pursuant to 18 U.S.C. 921(a)(9).
20 "Federal firearms manufacturer" means a licensed 
21manufacturer pursuant to 18 U.S.C. 921(a)(10).
22 "Frame or receiver" means a part of a firearm that, when 
23the complete weapon is assembled, is visible from the exterior 
24and provides housing or a structure designed to hold or 
25integrate one or more fire control components, even if pins or 
 
 
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1other attachments are required to connect those components to 
2the housing or structure. For models of firearms in which 
3multiple parts provide such housing or structure, the part or 
4parts that the Director of the federal Bureau of Alcohol, 
5Tobacco, Firearms and Explosives has determined are a frame or 
6receiver constitute the frame or receiver. For purposes of 
7this definition, "fire control component" means a component 
8necessary for the firearm to initiate, complete, or continue 
9the firing sequence, including any of the following: hammer, 
10bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
11firing pin, striker, or slide rails.
12 "Security exemplar" means an object to be fabricated at 
13the direction of the United States Attorney General that is 
14(1) constructed of 3.7 ounces of material type 17-4 PH 
15stainless steel in a shape resembling a handgun and (2) 
16suitable for testing and calibrating metal detectors. 
17 "Three-dimensional printer" means a computer or 
18computer-drive machine capable of producing a 
19three-dimensional object from a digital model.
20 "Undetectable firearm" means (1) a firearm constructed 
21entirely of non-metal substances; (2) a firearm that, after 
22removal of all parts but the major components of the firearm, 
23is not detectable by walk-through metal detectors calibrated 
24and operated to detect the security exemplar; or (3) a firearm 
25that includes a major component of a firearm, which, if 
26subject to the types of detection devices commonly used at 
 
 
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1airports for security screening, would not generate an image 
2that accurately depicts the shape of the component. 
3"Undetectable firearm" does not include a firearm subject to 
4the provisions of 18 U.S.C. 922(p)(3) through (6). 
5 "Unfinished frame or receiver" means any forging, casting, 
6printing, extrusion, machined body, or similar article that:
7  (1) has reached a stage in manufacture where it may 
8 readily be completed, assembled, or converted to be a 
9 functional firearm; or
10  (2) is marketed or sold to the public to become or be 
11 used as the frame or receiver of a functional firearm once 
12 completed, assembled, or converted.
13 "Unserialized" means lacking a serial number imprinted by:
14  (1) a federal firearms manufacturer, federal firearms 
15 importer, federal firearms dealer, or other federal 
16 licensee authorized to provide marking services, pursuant 
17 to a requirement under federal law; or
18  (2) a federal firearms dealer or other federal 
19 licensee authorized to provide marking services pursuant 
20 to subsection (f) of this Section. 
21 (b) It is unlawful for any person to knowingly sell, offer 
22to sell, or transfer an unserialized unfinished frame or 
23receiver or unserialized firearm, including those produced 
24using a three-dimensional printer, unless the party purchasing 
25or receiving the unfinished frame or receiver or unserialized 
26firearm is a federal firearms importer, federal firearms 
 
 
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1manufacturer, or federal firearms dealer.
2 (c) Beginning 180 days after the effective date of this 
3amendatory Act of the 102nd General Assembly, it is unlawful 
4for any person to knowingly possess, transport, or receive an 
5unfinished frame or receiver, unless:
6  (1) the party possessing or receiving the unfinished 
7 frame or receiver is a federal firearms importer or 
8 federal firearms manufacturer;
9  (2) the unfinished frame or receiver is possessed or 
10 transported by a person for transfer to a federal firearms 
11 importer or federal firearms manufacturer; or
12  (3) the unfinished frame or receiver has been 
13 imprinted with a serial number issued by a federal 
14 firearms importer or federal firearms manufacturer in 
15 compliance with subsection (f) of this Section. 
16 (d) Beginning 180 days after the effective date of this 
17amendatory Act of the 102nd General Assembly, unless the party 
18receiving the firearm is a federal firearms importer or 
19federal firearms manufacturer, it is unlawful for any person 
20to knowingly possess, purchase, transport, or receive a 
21firearm that is not imprinted with a serial number by (1) a 
22federal firearms importer or federal firearms manufacturer in 
23compliance with all federal laws and regulations regulating 
24the manufacture and import of firearms or (2) a federal 
25firearms manufacturer, federal firearms dealer, or other 
26federal licensee authorized to provide marking services in 
 
 
HB1270- 256 -LRB103 04864 RLC 49874 b


1compliance with the unserialized firearm serialization process 
2under subsection (f) of this Section. 
3 (e) Any firearm or unfinished frame or receiver 
4manufactured using a three-dimensional printer must also be 
5serialized in accordance with the requirements of subsection 
6(f) within 30 days after the effective date of this amendatory 
7Act of the 102nd General Assembly, or prior to reaching a stage 
8of manufacture where it may be readily completed, assembled, 
9or converted to be a functional firearm.
10 (f) Unserialized unfinished frames or receivers and 
11unserialized firearms serialized pursuant to this Section 
12shall be serialized in compliance with all of the following:
13  (1) An unserialized unfinished frame or receiver and 
14 unserialized firearm shall be serialized by a federally 
15 licensed firearms dealer or other federal licensee 
16 authorized to provide marking services with the licensee's 
17 abbreviated federal firearms license number as a prefix 
18 (which is the first 3 and last 5 digits) followed by a 
19 hyphen, and then followed by a number as a suffix, such as 
20 12345678-(number). The serial number or numbers must be 
21 placed in a manner that accords with the requirements 
22 under federal law for affixing serial numbers to firearms, 
23 including the requirements that the serial number or 
24 numbers be at the minimum size and depth, and not 
25 susceptible to being readily obliterated, altered, or 
26 removed, and the licensee must retain records that accord 
 
 
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1 with the requirements under federal law in the case of the 
2 sale of a firearm. The imprinting of any serial number 
3 upon a undetectable firearm must be done on a steel plaque 
4 in compliance with 18 U.S.C. 922(p).
5  (2) Every federally licensed firearms dealer or other 
6 federal licensee that engraves, casts, stamps, or 
7 otherwise conspicuously and permanently places a unique 
8 serial number pursuant to this Section shall maintain a 
9 record of such indefinitely. Licensees subject to the 
10 Firearm Dealer License Certification Act shall make all 
11 records accessible for inspection upon the request of the 
12 Illinois State Police or a law enforcement agency in 
13 accordance with Section 5-35 of the Firearm Dealer License 
14 Certification Act.
15  (3) Every federally licensed firearms dealer or other 
16 federal licensee that engraves, casts, stamps, or 
17 otherwise conspicuously and permanently places a unique 
18 serial number pursuant to this Section shall record it at 
19 the time of every transaction involving the transfer of a 
20 firearm, rifle, shotgun, finished frame or receiver, or 
21 unfinished frame or receiver that has been so marked in 
22 compliance with the federal guidelines set forth in 27 CFR 
23 478.124.
24  (4) (Blank). Every federally licensed firearms dealer 
25 or other federal licensee that engraves, casts, stamps, or 
26 otherwise conspicuously and permanently places a unique 
 
 
HB1270- 258 -LRB103 04864 RLC 49874 b


1 serial number pursuant to this Section shall review and 
2 confirm the validity of the owner's Firearm Owner's 
3 Identification Card issued under the Firearm Owners 
4 Identification Card Act prior to returning the firearm to 
5 the owner.
6 (g) Within 30 days after the effective date of this 
7amendatory Act of the 102nd General Assembly, the Director of 
8the Illinois State Police shall issue a public notice 
9regarding the provisions of this Section. The notice shall 
10include posting on the Illinois State Police website and may 
11include written notification or any other means of 
12communication statewide to all Illinois-based federal firearms 
13manufacturers, federal firearms dealers, or other federal 
14licensees authorized to provide marking services in compliance 
15with the serialization process in subsection (f) in order to 
16educate the public.
17 (h) Exceptions. This Section does not apply to an 
18unserialized unfinished frame or receiver or an unserialized 
19firearm that:
20  (1) has been rendered permanently inoperable;
21  (2) is an antique firearm, as defined in 18 U.S.C. 
22 921(a)(16);
23  (3) was manufactured prior to October 22, 1968;
24  (4) is an unfinished frame or receiver and is 
25 possessed by a bona fide supplier exclusively for transfer 
26 to a federal firearms manufacturer or federal firearms 
 
 
HB1270- 259 -LRB103 04864 RLC 49874 b


1 importer, or is possessed by a federal firearms 
2 manufacturer or federal firearms importer in compliance 
3 with all federal laws and regulations regulating the 
4 manufacture and import of firearms; except this exemption 
5 does not apply if an unfinished frame or receiver is 
6 possessed for transfer or is transferred to a person other 
7 than a federal firearms manufacturer or federal firearms 
8 importer; or 
9  (5) is possessed by a person who received the 
10 unserialized unfinished frame or receiver or unserialized 
11 firearm through inheritance, and is not otherwise 
12 prohibited from possessing the unserialized unfinished 
13 frame or receiver or unserialized firearm, for a period 
14 not exceeding 30 days after inheriting the unserialized 
15 unfinished frame or receiver or unserialized firearm. 
16 (i) Penalties.
17  (1) A person who violates subsection (c) or (d) is 
18 guilty of a Class A misdemeanor for a first violation and 
19 is guilty of a Class 3 felony for a second or subsequent 
20 violation.
21  (2) A person who violates subsection (b) is guilty of 
22 a Class 4 felony for a first violation and is guilty of a 
23 Class 2 felony for a second or subsequent violation.

24(Source: P.A. 102-889, eff. 5-18-22.)




25 (720 ILCS 5/24-9)



 
 
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1 Sec. 24-9. Firearms; Child Protection. 

2 (a) Except as provided in
subsection (c), it is unlawful

3for any person to
store or leave, within premises under his or 
4her control, a firearm if
the
person knows or has reason to 
5believe that a minor under the age of 14
years who does not 
6have a Firearm Owners Identification Card is likely to gain

7access to the firearm without the lawful permission
of the 
8person possessing the firearm, minor's parent, guardian, or 
9person having charge of the minor, and
the minor causes death 
10or great bodily harm with the firearm, unless
the firearm is:


11  (1) secured by a device or mechanism, other than the 
12 firearm safety,
designed to render a firearm temporarily 
13 inoperable; or


14  (2) placed in a securely locked box or container; or


15  (3) placed in some other location that a reasonable 
16 person would
believe to be secure from a minor under the 
17 age of 14 years.

18 (b) Sentence. A person who violates this Section is guilty 
19of a Class C
misdemeanor and shall be fined not less than 
20$1,000. A second or subsequent
violation of this Section is a 
21Class A misdemeanor.

22 (c) Subsection (a) does not apply:


23  (1) if the minor under 14 years of age gains access to 
24 a
firearm and uses it in a lawful act of self-defense or 
25 defense of another; or


26  (2) to any firearm obtained by a minor under the age of 
 
 
HB1270- 261 -LRB103 04864 RLC 49874 b


1 14 because of
an unlawful entry of the premises by the 
2 minor or another person.

3 (d) For the purposes of this Section, "firearm" has the 
4meaning ascribed
to it in Section 2-7.5
1.1 of the Firearm 
5Owners Identification Card Act.

6(Source: P.A. 91-18, eff. 1-1-00.)


7 Section 85. The Methamphetamine Control and Community 
8Protection Act is amended by changing Section 10 as follows:

9 (720 ILCS 646/10)

10 Sec. 10. Definitions. As used in this Act:
11 "Anhydrous ammonia" has the meaning provided in subsection 
12(d) of Section 3 of the Illinois Fertilizer Act of 1961.

13 "Anhydrous ammonia equipment" means all items used to 
14store, hold, contain, handle, transfer, transport, or apply 
15anhydrous ammonia for lawful purposes.

16 "Booby trap" means any device designed to cause physical 
17injury when triggered by an act of a person approaching, 
18entering, or moving through a structure, a vehicle, or any 
19location where methamphetamine has been manufactured, is being 
20manufactured, or is intended to be manufactured.

21 "Deliver" or "delivery" has the meaning provided in 
22subsection (h) of Section 102 of the Illinois Controlled 
23Substances Act.

24 "Director" means the Director of the Illinois State Police 
 
 
HB1270- 262 -LRB103 04864 RLC 49874 b


1or the Director's designated agents.

2 "Dispose" or "disposal" means to abandon, discharge, 
3release, deposit, inject, dump, spill, leak, or place 
4methamphetamine waste onto or into any land, water, or well of 
5any type so that the waste has the potential to enter the 
6environment, be emitted into the air, or be discharged into 
7the soil or any waters, including groundwater.

8 "Emergency response" means the act of collecting evidence 
9from or securing a methamphetamine laboratory site, 
10methamphetamine waste site or other methamphetamine-related 
11site and cleaning up the site, whether these actions are 
12performed by public entities or private contractors paid by 
13public entities.

14 "Emergency service provider" means a local, State, or 
15federal peace officer, firefighter, emergency medical 
16technician-ambulance, emergency
medical 
17technician-intermediate, emergency medical 
18technician-paramedic, ambulance driver, or other medical or 
19first aid personnel rendering aid, or any agent or designee of 
20the foregoing.

21 "Finished methamphetamine" means methamphetamine in a form 
22commonly used for personal consumption.
23 "Firearm" has the meaning provided in Section 2-7.5 of the 
24Criminal Code of 2012 1.1 of the Firearm Owners Identification 
25Card Act.

26 "Manufacture" means to produce, prepare, compound, 
 
 
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1convert, process, synthesize, concentrate, purify, separate, 
2extract, or package any methamphetamine, methamphetamine 
3precursor, methamphetamine manufacturing catalyst, 
4methamphetamine manufacturing reagent, methamphetamine 
5manufacturing solvent, or any substance containing any of the 
6foregoing.

7 "Methamphetamine" means the chemical methamphetamine (a 
8Schedule II controlled substance under the Illinois Controlled 
9Substances Act) or any salt, optical isomer, salt of optical 
10isomer, or analog thereof, with the exception of 
113,4-Methylenedioxymethamphetamine (MDMA) or any other 
12scheduled substance with a separate listing under the Illinois 
13Controlled Substances Act.
14 "Methamphetamine manufacturing catalyst" means any 
15substance that has been used, is being used, or is intended to 
16be used to activate, accelerate, extend, or improve a chemical 
17reaction involved in the manufacture of methamphetamine.

18 "Methamphetamine manufacturing environment" means a 
19structure or vehicle in which:

20  (1) methamphetamine is being or has been manufactured;

21  (2) chemicals that are being used, have been used, or 
22 are intended to be used to manufacture methamphetamine are 
23 stored;

24  (3) methamphetamine manufacturing materials that have 
25 been used to manufacture methamphetamine are stored; or

26  (4) methamphetamine manufacturing waste is stored.

 
 
HB1270- 264 -LRB103 04864 RLC 49874 b


1 "Methamphetamine manufacturing material" means any 
2methamphetamine precursor, substance containing any 
3methamphetamine precursor, methamphetamine manufacturing 
4catalyst, substance containing any methamphetamine 
5manufacturing catalyst, methamphetamine manufacturing 
6reagent, substance containing any methamphetamine 
7manufacturing reagent, methamphetamine manufacturing solvent, 
8substance containing any methamphetamine manufacturing 
9solvent, or any other chemical, substance, ingredient, 
10equipment, apparatus, or item that is being used, has been 
11used, or is intended to be used in the manufacture of 
12methamphetamine.

13 "Methamphetamine manufacturing reagent" means any 
14substance other than a methamphetamine manufacturing catalyst 
15that has been used, is being used, or is intended to be used to 
16react with and chemically alter any methamphetamine precursor.
17 "Methamphetamine manufacturing solvent" means any 
18substance that has been used, is being used, or is intended to 
19be used as a medium in which any methamphetamine precursor, 
20methamphetamine manufacturing catalyst, methamphetamine 
21manufacturing reagent, or any substance containing any of the 
22foregoing is dissolved, diluted, or washed during any part of 
23the methamphetamine manufacturing process.

24 "Methamphetamine manufacturing waste" means any chemical, 
25substance, ingredient, equipment, apparatus, or item that is 
26left over from, results from, or is produced by the process of 
 
 
HB1270- 265 -LRB103 04864 RLC 49874 b


1manufacturing methamphetamine, other than finished 
2methamphetamine.

3 "Methamphetamine precursor" means ephedrine, 
4pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
5phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
6isomer, or salt of an optical isomer of any of these chemicals.

7 "Multi-unit dwelling" means a unified structure used or 
8intended for use as a habitation, home, or residence that 
9contains 2 or more condominiums, apartments, hotel rooms, 
10motel rooms, or other living units.

11 "Package" means an item marked for retail sale that is not 
12designed to be further broken down or subdivided for the 
13purpose of retail sale.

14 "Participate" or "participation" in the manufacture of 
15methamphetamine means to produce, prepare, compound, convert, 
16process, synthesize, concentrate, purify, separate, extract, 
17or package any methamphetamine, methamphetamine precursor, 
18methamphetamine manufacturing catalyst, methamphetamine 
19manufacturing reagent, methamphetamine manufacturing solvent, 
20or any substance containing any of the foregoing, or to assist 
21in any of these actions, or to attempt to take any of these 
22actions, regardless of whether this action or these actions 
23result in the production of finished methamphetamine.

24 "Person with a disability" means a person who suffers from 
25a permanent physical or mental impairment resulting from 
26disease, injury, functional disorder, or congenital condition 
 
 
HB1270- 266 -LRB103 04864 RLC 49874 b


1which renders the person incapable of adequately providing for 
2his or her own health and personal care.

3 "Procure" means to purchase, steal, gather, or otherwise 
4obtain, by legal or illegal means, or to cause another to take 
5such action.

6 "Second or subsequent offense" means an offense under this 
7Act committed by an offender who previously committed an 
8offense under this Act, the Illinois Controlled Substances 
9Act, the Cannabis Control Act, or another Act of this State, 
10another state, or the United States relating to 
11methamphetamine, cannabis, or any other controlled substance.

12 "Standard dosage form", as used in relation to any 
13methamphetamine precursor, means that the methamphetamine 
14precursor is contained in a pill, tablet, capsule, caplet, gel 
15cap, or liquid cap that has been manufactured by a lawful 
16entity and contains a standard quantity of methamphetamine 
17precursor.

18 "Unauthorized container", as used in relation to anhydrous 
19ammonia, means any container that is not designed for the 
20specific and sole purpose of holding, storing, transporting, 
21or applying anhydrous ammonia. "Unauthorized container" 
22includes, but is not limited to, any propane tank, fire 
23extinguisher, oxygen cylinder, gasoline can, food or beverage 
24cooler, or compressed gas cylinder used in dispensing fountain 
25drinks. "Unauthorized container" does not encompass anhydrous 
26ammonia manufacturing plants, refrigeration systems
where 
 
 
HB1270- 267 -LRB103 04864 RLC 49874 b


1anhydrous ammonia is used solely as a refrigerant, anhydrous 
2ammonia transportation pipelines, anhydrous ammonia tankers, 
3or anhydrous ammonia barges.


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

5 Section 90. The Code of Criminal Procedure of 1963 is 
6amended by changing Sections 102-7.1, 110-10, 112A-5.5, 
7112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as 
8follows:

9 (725 ILCS 5/102-7.1)
10 (Text of Section before amendment by P.A. 102-982)
11 Sec. 102-7.1. "Category A offense". "Category A offense" 
12means a Class 1 felony, Class 2 felony, Class X felony, first 
13degree murder, a violation of Section 11-204 of the Illinois 
14Vehicle Code, a second or subsequent violation of Section 
1511-501 of the Illinois Vehicle Code, a violation of subsection 
16(d) of Section 11-501 of the Illinois Vehicle Code, a 
17violation of Section 11-401 of the Illinois Vehicle Code if 
18the accident results in injury and the person failed to report 
19the accident within 30 minutes, a violation of Section 9-3, 
209-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 
2111-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 
2212-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 
2324-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a 
24second or subsequent violation of 12-3.2 or 12-3.4 of the 
 
 
HB1270- 268 -LRB103 04864 RLC 49874 b


1Criminal Code of 2012, a violation of paragraph (5) or (6) of 
2subsection (b) of Section 10-9 of the Criminal Code of 2012, a 
3violation of subsection (b) or (c) or paragraph (1) or (2) of 
4subsection (a) of Section 11-1.50 of the Criminal Code of 
52012, a violation of Section 12-7 of the Criminal Code of 2012 
6if the defendant inflicts bodily harm on the victim to obtain a 
7confession, statement, or information, a violation of Section 
812-7.5 of the Criminal Code of 2012 if the action results in 
9bodily harm, a violation of paragraph (3) of subsection (b) of 
10Section 17-2 of the Criminal Code of 2012, a violation of 
11subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 
122012, a violation of paragraph (6) of subsection (a) of 
13Section 24-1 of the Criminal Code of 2012, a first violation of 
14Section 24-1.6 of the Criminal Code of 2012 by a person 18 
15years of age or older where the factors listed in both items 
16(A) and (C) or both items (A-5) and (C) of paragraph (3) of 
17subsection (a) of Section 24-1.6 of the Criminal Code of 2012 
18are present, a Class 3 felony violation of paragraph (1) of

19subsection (a) of Section 2 of the Firearm Owners 
20Identification Card Act committed before the effective date of 
21this amendatory Act of the 103rd General Assembly, or a 
22violation of Section 10 of the Sex Offender Registration Act. 

23(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

24 (Text of Section after amendment by P.A. 102-982)
25 Sec. 102-7.1. "Category A offense". "Category A offense" 
 
 
HB1270- 269 -LRB103 04864 RLC 49874 b


1means a Class 1 felony, Class 2 felony, Class X felony, first 
2degree murder, a violation of Section 11-204 of the Illinois 
3Vehicle Code, a second or subsequent violation of Section 
411-501 of the Illinois Vehicle Code, a violation of subsection 
5(d) of Section 11-501 of the Illinois Vehicle Code, a 
6violation of Section 11-401 of the Illinois Vehicle Code if 
7the crash results in injury and the person failed to report the 
8crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
910-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
1012-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
1112-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
1225-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
13subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
14of 2012, a violation of paragraph (5) or (6) of subsection (b) 
15of Section 10-9 of the Criminal Code of 2012, a violation of 
16subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
17of Section 11-1.50 of the Criminal Code of 2012, a violation of 
18Section 12-7 of the Criminal Code of 2012 if the defendant 
19inflicts bodily harm on the victim to obtain a confession, 
20statement, or information, a violation of Section 12-7.5 of 
21the Criminal Code of 2012 if the action results in bodily harm, 
22a violation of paragraph (3) of subsection (b) of Section 17-2 
23of the Criminal Code of 2012, a violation of subdivision 
24(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
25violation of paragraph (6) of subsection (a) of Section 24-1 
26of the Criminal Code of 2012, a first violation of Section 
 
 
HB1270- 270 -LRB103 04864 RLC 49874 b


124-1.6 of the Criminal Code of 2012 by a person 18 years of age 
2or older where the factors listed in both items (A) and (C) or 
3both items (A-5) and (C) of paragraph (3) of subsection (a) of 
4Section 24-1.6 of the Criminal Code of 2012 are present, a 
5Class 3 felony violation of paragraph (1) of
subsection (a) of 
6Section 2 of the Firearm Owners Identification Card Act 
7committed before the effective date of this amendatory Act of 
8the 103rd General Assembly, or a violation of Section 10 of the 
9Sex Offender Registration Act. 

10(Source: P.A. 102-982, eff. 7-1-23.)



11 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



12 Sec. 110-10. Conditions of pretrial release. 

13 (a) If a person is released prior to conviction, the 
14conditions of pretrial release shall be that he or she will:

15  (1) Appear to answer the charge in the court having 
16 jurisdiction on
a day certain and thereafter as ordered by 
17 the court until discharged or
final order of the court;

18  (2) Submit himself or herself to the orders and 
19 process of the court;

20  (3) (Blank);

21  (4) Not violate any criminal statute of any 
22 jurisdiction;

23  (5) At a time and place designated by the court, 
24 surrender all firearms
in his or her possession to a law 
25 enforcement officer designated by the court
to take 
 
 
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1 custody of and impound the firearms
and physically

2 surrender his or her Firearm Owner's Identification Card 
3 to the clerk of the
circuit court
when the offense the 
4 person has
been charged with is a forcible felony, 
5 stalking, aggravated stalking, domestic
battery, any 
6 violation of the Illinois Controlled Substances Act, the 
7 Methamphetamine Control and Community Protection Act, or 
8 the
Cannabis Control Act that is classified as a Class 2 or 
9 greater felony, or any
felony violation of Article 24 of 
10 the Criminal Code of 1961 or the Criminal Code of 2012; the 
11 court
may,
however, forgo the imposition of this condition 
12 when the
circumstances of the
case clearly do not warrant 
13 it or when its imposition would be
impractical;
if the 
14 Firearm Owner's Identification Card is confiscated, the 
15 clerk of the circuit court shall mail the confiscated card 
16 to the Illinois State Police; all legally possessed 
17 firearms shall be returned to the person upon
the charges 
18 being dismissed, or if the person is found not guilty, 
19 unless the
finding of not guilty is by reason of insanity; 
20 and

21  (6) At a time and place designated by the court, 
22 submit to a
psychological
evaluation when the person has 
23 been charged with a violation of item (4) of
subsection

24 (a) of Section 24-1 of the Criminal Code of 1961 or the 
25 Criminal Code of 2012 and that violation occurred in
a 
26 school
or in any conveyance owned, leased, or contracted 
 
 
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1 by a school to transport
students to or
from school or a 
2 school-related activity, or on any public way within 1,000

3 feet of real
property comprising any school.

4 Psychological evaluations ordered pursuant to this Section 
5shall be completed
promptly
and made available to the State, 
6the defendant, and the court. As a further
condition of 
7pretrial release under
these circumstances, the court shall 
8order the defendant to refrain from
entering upon the
property 
9of the school, including any conveyance owned, leased, or 
10contracted
by a school to
transport students to or from school 
11or a school-related activity, or on any public way within

121,000 feet of real property comprising any school. Upon 
13receipt of the psychological evaluation,
either the State or 
14the defendant may request a change in the conditions of 
15pretrial release, pursuant to
Section 110-6 of this Code. The 
16court may change the conditions of pretrial release to include 
17a
requirement that the defendant follow the recommendations of 
18the psychological evaluation,
including undergoing psychiatric 
19treatment. The conclusions of the
psychological evaluation and

20any statements elicited from the defendant during its 
21administration are not
admissible as evidence
of guilt during 
22the course of any trial on the charged offense, unless the

23defendant places his or her
mental competency in issue.

24 (b) Additional conditions of release shall be set only 
25when it is determined that they are necessary to ensure the 
26defendant's appearance in court, ensure the defendant does not 
 
 
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1commit any criminal offense, ensure the defendant complies 
2with all conditions of pretrial release,
prevent the 
3defendant's unlawful interference with the orderly 
4administration
of justice, or ensure compliance with the rules 
5and procedures of problem solving courts. However, conditions 
6shall include the least restrictive means and be 
7individualized. Conditions shall not mandate rehabilitative 
8services unless directly tied to the risk of pretrial 
9misconduct. Conditions of supervision shall not include 
10punitive measures such as community service work or 
11restitution. Conditions may include the following:

12  (0.05) Not depart this State without leave of the 
13 court; 
14  (1) Report to or appear in person before such person 
15 or agency as the
court may direct;

16  (2) Refrain from possessing a firearm or other 
17 dangerous weapon;

18  (3) Refrain from approaching or communicating with 
19 particular persons or
classes of persons;

20  (4) Refrain from going to certain described geographic 
21 areas or
premises;

22  (5) Be placed under direct supervision of the Pretrial 
23 Services
Agency, Probation Department or Court Services 
24 Department in a pretrial
home supervision capacity with or 
25 without the use of an approved
electronic monitoring 
26 device subject to Article 8A of Chapter V of the
Unified 
 
 
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1 Code of Corrections;

2  (6) For persons charged with violating Section 11-501 
3 of the Illinois
Vehicle Code, refrain from operating a 
4 motor vehicle not equipped with an
ignition interlock 
5 device, as defined in Section 1-129.1 of the Illinois

6 Vehicle Code,
pursuant to the rules promulgated by the 
7 Secretary of State for the
installation of ignition

8 interlock devices. Under this condition the court may 
9 allow a defendant who is
not
self-employed to operate a 
10 vehicle owned by the defendant's employer that is
not 
11 equipped with an ignition interlock device in the course 
12 and scope of the
defendant's employment;

13  (7) Comply with the terms and conditions of an order 
14 of protection
issued by the court under the Illinois 
15 Domestic Violence Act of 1986 or an
order of protection 
16 issued by the court of another state, tribe, or United

17 States territory;

18  (8) Sign a written admonishment requiring that he or 
19 she comply with the provisions of Section 110-12 regarding 
20 any change in his or her address. The defendant's address 
21 shall at all times remain a matter of record with the clerk 
22 of the court; and

23  (9) Such other reasonable conditions as the court may 
24 impose, so long as these conditions are the least 
25 restrictive means to achieve the goals listed in 
26 subsection (b), are individualized, and are in accordance 
 
 
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1 with national best practices as detailed in the Pretrial 
2 Supervision Standards of the Supreme Court.
3 The defendant shall receive verbal and written 
4notification of conditions of pretrial release and future 
5court dates, including the date, time, and location of court. 

6 (c) When a person is charged with an offense under Section 
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

812-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
9Criminal Code of 2012, involving a victim who is a
minor under 
1018 years of age living in the same household with the defendant

11at the time of the offense, in releasing the defendant, the 
12judge shall impose conditions to restrict the
defendant's 
13access to the victim which may include, but are not limited to

14conditions that he will:

15  1. Vacate the household.

16  2. Make payment of temporary support to his 
17 dependents.

18  3. Refrain from contact or communication with the 
19 child victim, except
as ordered by the court.

20 (d) When a person is charged with a criminal offense and 
21the victim is
a family or household member as defined in 
22Article 112A, conditions shall
be imposed at the time of the 
23defendant's release that restrict the
defendant's access to 
24the victim.
Unless provided otherwise by the court, the

25restrictions shall include
requirements that the defendant do 
26the following:

 
 
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1  (1) refrain from contact or communication with the 
2 victim for a
minimum period of 72 hours following the 
3 defendant's release; and

4  (2) refrain from entering or remaining at the victim's 
5 residence for a
minimum period of 72 hours following the 
6 defendant's release.

7 (e) Local law enforcement agencies shall develop 
8standardized pretrial release forms
for use in cases involving 
9family or household members as defined in
Article 112A, 
10including specific conditions of pretrial release as provided 
11in
subsection (d). Failure of any law enforcement department 
12to develop or use
those forms shall in no way limit the 
13applicability and enforcement of
subsections (d) and (f).

14 (f) If the defendant is released after conviction 
15following appeal or other post-conviction proceeding, the

16conditions of the pretrial release shall be that he will, in 
17addition to the
conditions set forth in subsections (a) and 
18(b) hereof:

19  (1) Duly prosecute his appeal;

20  (2) Appear at such time and place as the court may 
21 direct;

22  (3) Not depart this State without leave of the court;

23  (4) Comply with such other reasonable conditions as 
24 the court may
impose; and

25  (5) If the judgment is affirmed or the cause reversed 
26 and remanded
for a new trial, forthwith surrender to the 
 
 
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1 officer from whose custody
he was released.

2 (g) Upon a finding of guilty for any felony offense, the 
3defendant shall
physically surrender, at a time and place 
4designated by the court,
any and all firearms in his or her 
5possession and his or her Firearm Owner's
Identification Card 
6as a condition of being released pending sentencing.

7(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
8102-1104, eff. 1-1-23.)


9 (725 ILCS 5/112A-5.5)
10 Sec. 112A-5.5. Time for filing petition; service on 
11respondent, hearing on petition, and default orders. 
12 (a) A petition for a protective order may be filed at any 
13time, in person in-person or online, after a criminal charge 
14or delinquency petition is filed and before the charge or 
15delinquency petition is dismissed, the defendant or juvenile 
16is acquitted, or the defendant or juvenile completes service 
17of his or her sentence.

18 (b) The request for an ex parte protective order may be 
19considered without notice to the respondent under Section 
20112A-17.5 of this Code.
21 (c) A summons shall be issued and served for a protective 
22order. The summons may be served by delivery to the respondent 
23personally in open court in the criminal or juvenile 
24delinquency proceeding, in the form prescribed by subsection 
25(d) of Supreme Court Rule 101, except that it shall require the 
 
 
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1respondent to answer or appear within 7 days. Attachments to 
2the summons shall include the petition for protective order, 
3supporting affidavits, if any, and any ex parte protective 
4order that has been issued.
5 (d) The summons shall be served by the sheriff or other law 
6enforcement officer at the earliest time available and shall 
7take precedence over any other summons, except those of a 
8similar emergency nature. Attachments to the summons shall 
9include the petition for protective order, supporting 
10affidavits, if any, and any ex parte protective order that has 
11been issued. Special process servers may be appointed at any 
12time and their designation shall not affect the 
13responsibilities and authority of the sheriff or other 
14official process servers. In a county with a population over 
153,000,000, a special process server may not be appointed if 
16the protective order grants the surrender of a child, the 
17surrender of a firearm or Firearm Owner's Identification Card, 
18or the exclusive possession of a shared residence.
19 (e) If the respondent is not served within 30 days of the 
20filing of the petition, the court shall schedule a court 
21proceeding on the issue of service. Either the petitioner, the 
22petitioner's counsel, or the State's Attorney shall appear and 
23the court shall either order continued attempts at personal 
24service or shall order service by publication, in accordance 
25with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
26Procedure.
 
 
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1 (f) The request for a final protective order can be 
2considered at any court proceeding in the delinquency or 
3criminal case after service of the petition. If the petitioner 
4has not been provided notice of the court proceeding at least 
510 days in advance of the proceeding, the court shall schedule 
6a hearing on the petition and provide notice to the 
7petitioner.
8 (f-5) A court in a county with a population above 250,000 
9shall offer the option of a remote hearing to a petitioner for 
10a protective order. The court has the discretion to grant or 
11deny the request for a remote hearing. Each court shall 
12determine the procedure for a remote hearing. The petitioner 
13and respondent may appear remotely or in person in-person.
14 The court shall issue and publish a court order, standing 
15order, or local rule detailing information about the process 
16for requesting and participating in a remote court appearance. 
17The court order, standing order, or local rule shall be 
18published on the court's website and posted on signs 
19throughout the courthouse, including in the clerk's office. 
20The sign shall be written in plain language and include 
21information about the availability of remote court appearances 
22and the process for requesting a remote hearing. 
23 (g) Default orders.
24  (1) A final domestic violence order of protection may 
25 be entered by default:
26   (A) for any of the remedies sought in the 
 
 
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1 petition, if the respondent has been served with 
2 documents under subsection (b) or (c) of this Section 
3 and if the respondent fails to appear on the specified 
4 return date or any subsequent hearing date agreed to 
5 by the petitioner and respondent or set by the court; 
6 or
7   (B) for any of the remedies provided under 
8 paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
9 (10), (11), (14), (15), (17), or (18) of subsection 
10 (b) of Section 112A-14 of this Code, or if the 
11 respondent fails to answer or appear in accordance 
12 with the date set in the publication notice or the 
13 return date indicated on the service of a household 
14 member.
15  (2) A final civil no contact order may be entered by 
16 default for any of the remedies provided in Section 
17 112A-14.5 of this Code, if the respondent has been served 
18 with documents under subsection (b) or (c) of this 
19 Section, and if the respondent fails to answer or appear 
20 in accordance with the date set in the publication notice 
21 or the return date indicated on the service of a household 
22 member.
23  (3) A final stalking no contact order may be entered 
24 by default for any of the remedies provided by Section 
25 112A-14.7 of this Code, if the respondent has been served 
26 with documents under subsection (b) or (c) of this Section 
 
 
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1 and if the respondent fails to answer or appear in 
2 accordance with the date set in the publication notice or 
3 the return date indicated on the service of a household 
4 member. 
5(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)

6 (725 ILCS 5/112A-11.1)
7 Sec. 112A-11.1. Procedure for determining whether certain 
8misdemeanor crimes
are crimes of domestic violence for 
9purposes of federal
law.
10 (a) When a defendant has been charged with a violation of 
11Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
12Criminal Code of 1961 or the Criminal Code of 2012, the State 
13may, at arraignment or no later than 45 days after 
14arraignment, for the purpose of notification to the Illinois 
15State Police Firearm Owner's Identification Card Office, serve 
16on the defendant and file with the court a notice alleging that 
17conviction of the offense would subject the defendant to the 
18prohibitions of 18 U.S.C. 922(g)(9) because of the 
19relationship between the defendant and the alleged victim and 
20the nature of the alleged offense.
21 (b) The notice shall include the name of the person 
22alleged to be the victim of the crime and shall specify the 
23nature of the alleged relationship as set forth in 18 U.S.C. 
24921(a)(33)(A)(ii). It shall also specify the element of the 
25charged offense which requires the use or attempted use of 
 
 
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1physical force, or the threatened use of a deadly weapon, as 
2set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
3notice that the defendant is entitled to a hearing on the 
4allegation contained in the notice and that if the allegation 
5is sustained, that determination and conviction shall be 
6reported to the Illinois State Police Firearm Owner's 
7Identification Card Office.
8 (c) After having been notified as provided in subsection 
9(b) of this Section, the defendant may stipulate or admit, 
10orally on the record or in writing, that conviction of the 
11offense would subject the defendant to the prohibitions of 18 
12U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
13922(g)(9) shall be deemed established for purposes of Section 
14112A-11.2. If the defendant denies the applicability of 18 
15U.S.C. 922(g)(9) as alleged in the notice served by the State, 
16or stands mute with respect to that allegation, then the State 
17shall bear the burden to prove beyond a reasonable doubt that 
18the offense is one to which the prohibitions of 18 U.S.C. 
19922(g)(9) apply. The court may consider reliable hearsay 
20evidence submitted by either party provided that it is 
21relevant to the determination of the allegation. Facts 
22previously proven at trial or elicited at the time of entry of 
23a plea of guilty shall be deemed established beyond a 
24reasonable doubt and shall not be relitigated. At the 
25conclusion of the hearing, or upon a stipulation or admission, 
26as applicable, the court shall make a specific written 
 
 
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1determination with respect to the allegation.

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

3 (725 ILCS 5/112A-11.2)
4 Sec. 112A-11.2. Notification to the Illinois State Police 
5Firearm Owner's Identification Card Office of
determinations 
6in certain misdemeanor cases. Upon judgment of conviction of a 
7violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
812-3.5 of the Criminal Code of 1961 or the Criminal Code of 
92012 when the defendant has been determined, under Section 
10112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
11922(g)(9), the circuit court clerk shall include notification 
12and a copy of the written determination in a report of the 
13conviction to the Illinois State Police Firearm Owner's 
14Identification Card Office to enable the office to report that 
15determination to the Federal Bureau of Investigation and 
16assist the Bureau in identifying persons prohibited from 
17purchasing and possessing a firearm pursuant to the provisions 
18of 18 U.S.C. 922.

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



20 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


21 Sec. 112A-14. Domestic violence order of protection; 
22remedies. 

23 (a) (Blank).

24 (b) The court may order any of the remedies listed in this 
 
 
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1subsection (b).
The remedies listed in this subsection (b) 
2shall be in addition to other civil
or criminal remedies 
3available to petitioner.

4  (1) Prohibition of abuse. Prohibit respondent's 
5 harassment,
interference with personal liberty, 
6 intimidation of a dependent, physical
abuse, or willful 
7 deprivation, as defined in this Article, if such abuse has

8 occurred or otherwise appears likely to occur if not 
9 prohibited.

10  (2) Grant of exclusive possession of residence. 
11 Prohibit respondent
from entering or remaining in any 
12 residence, household, or premises of the petitioner,

13 including one owned or leased by respondent, if petitioner 
14 has a right
to occupancy thereof. The grant of exclusive 
15 possession of the residence, household, or premises
shall 
16 not affect title to real property, nor shall the court be 
17 limited by
the standard set forth in subsection (c-2) of 
18 Section 501 of the Illinois Marriage and
Dissolution of 
19 Marriage Act.

20   (A) Right to occupancy. A party has a right to 
21 occupancy of a
residence or household if it is
solely 
22 or jointly owned or leased by that party, that party's 
23 spouse, a
person with a legal duty to support that 
24 party or a minor child in that
party's care, or by any 
25 person or entity other than the opposing party that

26 authorizes that party's occupancy (e.g., a domestic 
 
 
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1 violence shelter).
Standards set forth in subparagraph 
2 (B) shall not preclude equitable relief.

3   (B) Presumption of hardships. If petitioner and 
4 respondent
each has the right to occupancy of a 
5 residence or household, the court
shall balance (i) 
6 the hardships to respondent and any minor child or

7 dependent adult in respondent's care resulting from 
8 entry of this remedy with (ii)
the hardships to 
9 petitioner and any minor child or dependent adult in

10 petitioner's care resulting from continued exposure to 
11 the risk of abuse (should
petitioner remain at the 
12 residence or household) or from loss of possession
of 
13 the residence or household (should petitioner leave to 
14 avoid the risk
of abuse). When determining the balance 
15 of hardships, the court shall also
take into account 
16 the accessibility of the residence or household.

17 Hardships need not be balanced if respondent does not 
18 have a right to occupancy.

19   The balance of hardships is presumed to favor 
20 possession by
petitioner unless the presumption is 
21 rebutted by a preponderance of the
evidence, showing 
22 that the hardships to respondent substantially 
23 outweigh
the hardships to petitioner and any minor 
24 child or dependent adult in petitioner's
care. The 
25 court, on the request of petitioner or on its own 
26 motion,
may order respondent to provide suitable, 
 
 
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1 accessible, alternate housing
for petitioner instead 
2 of
excluding respondent from a mutual residence or 
3 household.

4  (3) Stay away order and additional prohibitions.
Order 
5 respondent to stay away from petitioner or any other 
6 person
protected by the domestic violence order of 
7 protection, or prohibit respondent from entering
or 
8 remaining present at petitioner's school, place of 
9 employment, or other
specified places at times when 
10 petitioner is present, or both, if
reasonable, given
the 
11 balance of hardships. Hardships need not be balanced for 
12 the court
to enter a stay away order or prohibit entry
if 
13 respondent has no right to enter the premises.

14   (A) If a domestic violence order of protection 
15 grants petitioner exclusive possession
of the 
16 residence, prohibits respondent from entering the 
17 residence,
or orders respondent to stay away from 
18 petitioner or other
protected persons, then the court 
19 may allow respondent access to the
residence to remove 
20 items of clothing and personal adornment
used 
21 exclusively by respondent, medications, and other 
22 items as the court directs.
The right to access shall 
23 be exercised on only one occasion as the court directs

24 and in the presence of an agreed-upon adult third 
25 party or law enforcement officer.

26   (B) When the petitioner and the respondent attend 
 
 
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1 the same public, private, or non-public elementary, 
2 middle, or high school, the court when issuing a 
3 domestic violence order of protection and providing 
4 relief shall consider the severity of the act, any 
5 continuing physical danger or emotional distress to 
6 the petitioner, the educational rights guaranteed to 
7 the petitioner and respondent under federal and State 
8 law, the availability of a transfer of the respondent 
9 to another school, a change of placement or a change of 
10 program of the respondent, the expense, difficulty, 
11 and educational disruption that would be caused by a 
12 transfer of the respondent to another school, and any 
13 other relevant facts of the case. The court may order 
14 that the respondent not attend the public, private, or 
15 non-public elementary, middle, or high school attended 
16 by the petitioner, order that the respondent accept a 
17 change of placement or change of program, as 
18 determined by the school district or private or 
19 non-public school, or place restrictions on the 
20 respondent's movements within the school attended by 
21 the petitioner. The respondent bears the burden of 
22 proving by a preponderance of the evidence that a 
23 transfer, change of placement, or change of program of 
24 the respondent is not available. The respondent also 
25 bears the burden of production with respect to the 
26 expense, difficulty, and educational disruption that 
 
 
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1 would be caused by a transfer of the respondent to 
2 another school. A transfer, change of placement, or 
3 change of program is not unavailable to the respondent 
4 solely on the ground that the respondent does not 
5 agree with the school district's or private or 
6 non-public school's transfer, change of placement, or 
7 change of program or solely on the ground that the 
8 respondent fails or refuses to consent or otherwise 
9 does not take an action required to effectuate a 
10 transfer, change of placement, or change of program. 
11 When a court orders a respondent to stay away from the 
12 public, private, or non-public school attended by the 
13 petitioner and the respondent requests a transfer to 
14 another attendance center within the respondent's 
15 school district or private or non-public school, the 
16 school district or private or non-public school shall 
17 have sole discretion to determine the attendance 
18 center to which the respondent is transferred. If the 
19 court order results in a transfer of the minor 
20 respondent to another attendance center, a change in 
21 the respondent's placement, or a change of the 
22 respondent's program, the parents, guardian, or legal 
23 custodian of the respondent is responsible for 
24 transportation and other costs associated with the 
25 transfer or change.
26   (C) The court may order the parents, guardian, or 
 
 
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1 legal custodian of a minor respondent to take certain 
2 actions or to refrain from taking certain actions to 
3 ensure that the respondent complies with the order. If 
4 the court orders a transfer of the respondent to 
5 another school, the parents, guardian, or legal 
6 custodian of the respondent is responsible for 
7 transportation and other costs associated with the 
8 change of school by the respondent. 
9  (4) Counseling. Require or recommend the respondent to 
10 undergo
counseling for a specified duration with a social 
11 worker, psychologist,
clinical psychologist, 
12 psychiatrist, family service agency, alcohol or
substance 
13 abuse program, mental health center guidance counselor, 
14 agency
providing services to elders, program designed for 
15 domestic violence
abusers, or any other guidance service 
16 the court deems appropriate. The court may order the 
17 respondent in any intimate partner relationship to report 
18 to an Illinois Department of Human Services protocol 
19 approved partner abuse intervention program for an 
20 assessment and to follow all recommended treatment. 

21  (5) Physical care and possession of the minor child. 
22 In order to protect
the minor child from abuse, neglect, 
23 or unwarranted separation from the person
who has been the 
24 minor child's primary caretaker, or to otherwise protect 
25 the
well-being of the minor child, the court may do either 
26 or both of the following:
(i) grant petitioner physical 
 
 
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1 care or possession of the minor child, or both, or
(ii) 
2 order respondent to return a minor child to, or not remove 
3 a minor child
from, the physical care of a parent or person 
4 in loco parentis.

5  If the respondent is charged with abuse
(as defined in 
6 Section 112A-3 of this Code) of a minor child, there shall 
7 be a
rebuttable presumption that awarding physical care to 
8 respondent would not
be in the minor child's best 
9 interest.

10  (6) Temporary allocation of parental responsibilities 
11 and significant decision-making responsibilities.
Award 
12 temporary significant decision-making responsibility to 
13 petitioner in accordance with this Section,
the Illinois 
14 Marriage
and Dissolution of Marriage Act, the Illinois 
15 Parentage Act of 2015,
and this State's Uniform 
16 Child-Custody
Jurisdiction and Enforcement Act. 

17  If the respondent
is charged with abuse (as defined in 
18 Section 112A-3 of this Code) of a
minor child, there shall 
19 be a rebuttable presumption that awarding
temporary 
20 significant decision-making responsibility to respondent 
21 would not be in the
child's best interest.

22  (7) Parenting time. Determine the parenting time, if 
23 any, of respondent in any case in which the court
awards 
24 physical care or temporary significant decision-making 
25 responsibility of a minor child to
petitioner. The court 
26 shall restrict or deny respondent's parenting time with
a 
 
 
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1 minor child if
the court finds that respondent has done or 
2 is likely to do any of the
following:
3   (i) abuse or endanger the minor child during 
4 parenting time;
5   (ii) use the parenting time
as an opportunity to 
6 abuse or harass petitioner or
petitioner's family or 
7 household members;
8   (iii) improperly conceal or
detain the minor 
9 child; or
10   (iv) otherwise act in a manner that is not in
the 
11 best interests of the minor child. 
12  The court shall not be limited by the
standards set 
13 forth in Section 603.10 of the Illinois Marriage and

14 Dissolution of Marriage Act. If the court grants parenting 
15 time, the order
shall specify dates and times for the 
16 parenting time to take place or other
specific parameters 
17 or conditions that are appropriate. No order for parenting 
18 time
shall refer merely to the term "reasonable parenting 
19 time". Petitioner may deny respondent access to the minor 
20 child if, when
respondent arrives for parenting time, 
21 respondent is under the influence of drugs
or alcohol and 
22 constitutes a threat to the safety and well-being of

23 petitioner or petitioner's minor children or is behaving 
24 in a violent or abusive manner. If necessary to protect 
25 any member of petitioner's family or
household from future 
26 abuse, respondent shall be prohibited from coming to

 
 
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1 petitioner's residence to meet the minor child for 
2 parenting time, and the petitioner and respondent
shall 
3 submit to the court their recommendations for reasonable

4 alternative arrangements for parenting time. A person may 
5 be approved to
supervise parenting time only after filing 
6 an affidavit accepting
that responsibility and 
7 acknowledging accountability to the court.

8  (8) Removal or concealment of minor child.
Prohibit 
9 respondent from
removing a minor child from the State or 
10 concealing the child within the
State.

11  (9) Order to appear. Order the respondent to
appear in 
12 court, alone
or with a minor child, to prevent abuse, 
13 neglect, removal or concealment of
the child, to return 
14 the child to the custody or care of the petitioner, or
to 
15 permit any court-ordered interview or examination of the 
16 child or the
respondent.

17  (10) Possession of personal property. Grant petitioner 
18 exclusive
possession of personal property and, if 
19 respondent has possession or
control, direct respondent to 
20 promptly make it available to petitioner, if:

21   (i) petitioner, but not respondent, owns the 
22 property; or

23   (ii) the petitioner and respondent own the 
24 property jointly; sharing it would risk
abuse of 
25 petitioner by respondent or is impracticable; and the 
26 balance of
hardships favors temporary possession by 
 
 
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1 petitioner.

2  If petitioner's sole claim to ownership of the 
3 property is that it is
marital property, the court may 
4 award petitioner temporary possession
thereof under the 
5 standards of subparagraph (ii) of this paragraph only if
a 
6 proper proceeding has been filed under the Illinois 
7 Marriage and
Dissolution of Marriage Act, as now or 
8 hereafter amended.

9  No order under this provision shall affect title to 
10 property.

11  (11) Protection of property. Forbid the respondent 
12 from taking,
transferring, encumbering, concealing, 
13 damaging, or otherwise disposing of
any real or personal 
14 property, except as explicitly authorized by the
court, 
15 if:

16   (i) petitioner, but not respondent, owns the 
17 property; or

18   (ii) the petitioner and respondent own the 
19 property jointly,
and the balance of hardships favors 
20 granting this remedy.

21  If petitioner's sole claim to ownership of the 
22 property is that it is
marital property, the court may 
23 grant petitioner relief under subparagraph
(ii) of this 
24 paragraph only if a proper proceeding has been filed under 
25 the
Illinois Marriage and Dissolution of Marriage Act, as 
26 now or hereafter amended.

 
 
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1  The court may further prohibit respondent from 
2 improperly using the
financial or other resources of an 
3 aged member of the family or household
for the profit or 
4 advantage of respondent or of any other person.

5  (11.5) Protection of animals. Grant the petitioner the 
6 exclusive care, custody, or control of any animal owned, 
7 possessed, leased, kept, or held by either the petitioner 
8 or the respondent or a minor child residing in the 
9 residence or household of either the petitioner or the 
10 respondent and order the respondent to stay away from the 
11 animal and forbid the respondent from taking, 
12 transferring, encumbering, concealing, harming, or 
13 otherwise disposing of the animal.

14  (12) Order for payment of support. Order
respondent to 
15 pay temporary
support for the petitioner or any child in 
16 the petitioner's care or over whom the petitioner has been 
17 allocated parental responsibility, when the respondent has 
18 a legal obligation to support that person,
in accordance 
19 with the Illinois Marriage and Dissolution
of Marriage 
20 Act, which shall govern, among other matters, the amount 
21 of
support, payment through the clerk and withholding of 
22 income to secure
payment. An order for child support may 
23 be granted to a petitioner with
lawful physical care of a 
24 child, or an order or agreement for
physical care of a 
25 child, prior to entry of an order allocating significant 
26 decision-making responsibility.
Such a support order shall 
 
 
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1 expire upon entry of a valid order allocating parental 
2 responsibility differently and vacating petitioner's 
3 significant decision-making responsibility unless 
4 otherwise provided in the order.

5  (13) Order for payment of losses. Order
respondent to 
6 pay petitioner
for losses suffered as a direct result of 
7 the abuse. Such losses shall
include, but not be limited 
8 to, medical expenses, lost earnings or other
support, 
9 repair or replacement of property damaged or taken, 
10 reasonable
attorney's fees, court costs, and moving or 
11 other travel expenses, including
additional reasonable 
12 expenses for temporary shelter and restaurant meals.

13   (i) Losses affecting family needs. If a party is 
14 entitled to seek
maintenance, child support, or 
15 property distribution from the other party
under the 
16 Illinois Marriage and Dissolution of Marriage Act, as 
17 now or
hereafter amended, the court may order 
18 respondent to reimburse petitioner's
actual losses, to 
19 the extent that such reimbursement would be 
20 "appropriate
temporary relief", as authorized by 
21 subsection (a)(3) of
Section 501 of that Act.

22   (ii) Recovery of expenses. In the case of an 
23 improper concealment
or removal of a minor child, the 
24 court may order respondent to pay the reasonable

25 expenses incurred or to be incurred in the search for 
26 and recovery of the
minor child, including, but not 
 
 
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1 limited to, legal fees, court costs, private

2 investigator fees, and travel costs.

3  (14) Prohibition of entry. Prohibit the respondent 
4 from entering or
remaining in the residence or household 
5 while the respondent is under the
influence of alcohol or 
6 drugs and constitutes a threat to the safety and

7 well-being of the petitioner or the petitioner's children.

8  (14.5) Prohibition of firearm possession. 
9   (A) A person who is subject to an existing 
10 domestic violence order of protection issued under 
11 this Code may not lawfully possess weapons or a 
12 Firearm Owner's Identification Card under Section 8.2 
13 of the Firearm Owners Identification Card Act.
14   (B) Any firearms in the
possession of the 
15 respondent, except as provided in subparagraph (C) of 
16 this paragraph (14.5), shall be ordered by the court 
17 to be turned
over to a person eligible under federal or 
18 State law to possess a firearm with a valid Firearm 
19 Owner's Identification Card for safekeeping. The court 
20 shall issue an order that the respondent comply with 
21 Section 9.5 of the Firearm Owners Identification Card 
22 Act.

23   (C) If the respondent is a peace officer as 
24 defined in Section 2-13 of
the
Criminal Code of 2012, 
25 the court shall order that any firearms used by the

26 respondent in the performance of his or her duties as a

 
 
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1 peace officer be surrendered to
the chief law 
2 enforcement executive of the agency in which the 
3 respondent is
employed, who shall retain the firearms 
4 for safekeeping for the duration of the domestic 
5 violence order of protection.

6   (D) Upon expiration of the period of safekeeping, 
7 if the firearms or Firearm Owner's Identification Card 
8 cannot be returned to respondent because respondent 
9 cannot be located, fails to respond to requests to 
10 retrieve the firearms, or is not lawfully eligible to 
11 possess a firearm, upon petition from the local law 
12 enforcement agency, the court may order the local law 
13 enforcement agency to destroy the firearms, use the 
14 firearms for training purposes, or for any other 
15 application as deemed appropriate by the local law 
16 enforcement agency; or that the firearms be turned 
17 over to a third party who is lawfully eligible to 
18 possess firearms, and who does not reside with 
19 respondent. 
20  (15) Prohibition of access to records. If a domestic 
21 violence order of protection
prohibits respondent from 
22 having contact with the minor child,
or if petitioner's 
23 address is omitted under subsection (b) of
Section 112A-5 
24 of this Code, or if necessary to prevent abuse or wrongful 
25 removal or
concealment of a minor child, the order shall 
26 deny respondent access to, and
prohibit respondent from 
 
 
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1 inspecting, obtaining, or attempting to
inspect or obtain, 
2 school or any other records of the minor child
who is in 
3 the care of petitioner.

4  (16) Order for payment of shelter services. Order 
5 respondent to
reimburse a shelter providing temporary 
6 housing and counseling services to
the petitioner for the 
7 cost of the services, as certified by the shelter
and 
8 deemed reasonable by the court.

9  (17) Order for injunctive relief. Enter injunctive 
10 relief necessary
or appropriate to prevent further abuse 
11 of a family or household member or
to effectuate one of the 
12 granted remedies, if supported by the balance of

13 hardships. If the harm to be prevented by the injunction 
14 is abuse or any
other harm that one of the remedies listed 
15 in paragraphs (1) through (16)
of this subsection is 
16 designed to prevent, no further evidence is necessary
to 
17 establish that the harm is an irreparable injury.

18  (18) Telephone services.
19   (A) Unless a condition described in subparagraph 
20 (B) of this paragraph exists, the court may, upon 
21 request by the petitioner, order a wireless telephone 
22 service provider to transfer to the petitioner the 
23 right to continue to use a telephone number or numbers 
24 indicated by the petitioner and the financial 
25 responsibility associated with the number or numbers, 
26 as set forth in subparagraph (C) of this paragraph. In 
 
 
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1 this paragraph (18), the term "wireless telephone 
2 service provider" means a provider of commercial 
3 mobile service as defined in 47 U.S.C. 332. The 
4 petitioner may request the transfer of each telephone 
5 number that the petitioner, or a minor child in his or 
6 her custody, uses. The clerk of the court shall serve 
7 the order on the wireless telephone service provider's 
8 agent for service of process provided to the Illinois 
9 Commerce Commission. The order shall contain all of 
10 the following: 
11    (i) The name and billing telephone number of 
12 the account holder including the name of the 
13 wireless telephone service provider that serves 
14 the account.
15    (ii) Each telephone number that will be 
16 transferred.
17    (iii) A statement that the provider transfers 
18 to the petitioner all financial responsibility for 
19 and right to the use of any telephone number 
20 transferred under this paragraph.
21   (B) A wireless telephone service provider shall 
22 terminate the respondent's use of, and shall transfer 
23 to the petitioner use of, the telephone number or 
24 numbers indicated in subparagraph (A) of this 
25 paragraph unless it notifies the petitioner, within 72 
26 hours after it receives the order, that one of the 
 
 
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1 following applies:
2    (i) The account holder named in the order has 
3 terminated the account.
4    (ii) A difference in network technology would 
5 prevent or impair the functionality of a device on 
6 a network if the transfer occurs.
7    (iii) The transfer would cause a geographic or 
8 other limitation on network or service provision 
9 to the petitioner.
10    (iv) Another technological or operational 
11 issue would prevent or impair the use of the 
12 telephone number if the transfer occurs.
13   (C) The petitioner assumes all financial 
14 responsibility for and right to the use of any 
15 telephone number transferred under this paragraph. In 
16 this paragraph, "financial responsibility" includes 
17 monthly service costs and costs associated with any 
18 mobile device associated with the number.
19   (D) A wireless telephone service provider may 
20 apply to the petitioner its routine and customary 
21 requirements for establishing an account or 
22 transferring a number, including requiring the 
23 petitioner to provide proof of identification, 
24 financial information, and customer preferences.

25   (E) Except for willful or wanton misconduct, a 
26 wireless telephone service provider is immune from 
 
 
HB1270- 301 -LRB103 04864 RLC 49874 b


1 civil liability for its actions taken in compliance 
2 with a court order issued under this paragraph.
3   (F) All wireless service providers that provide 
4 services to residential customers shall provide to the 
5 Illinois Commerce Commission the name and address of 
6 an agent for service of orders entered under this 
7 paragraph (18). Any change in status of the registered 
8 agent must be reported to the Illinois Commerce 
9 Commission within 30 days of such change. 
10   (G) The Illinois Commerce Commission shall 
11 maintain the list of registered agents for service for 
12 each wireless telephone service provider on the 
13 Commission's website. The Commission may consult with 
14 wireless telephone service providers and the Circuit 
15 Court Clerks on the manner in which this information 
16 is provided and displayed. 
17 (c) Relevant factors; findings.

18  (1) In determining whether to grant a
specific remedy, 
19 other than payment of support, the
court shall consider 
20 relevant factors, including, but not limited to, the

21 following:

22   (i) the nature, frequency, severity, pattern, and 
23 consequences of the
respondent's past abuse of the 
24 petitioner or any family or household
member, 
25 including the concealment of his or her location in 
26 order to evade
service of process or notice, and the 
 
 
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1 likelihood of danger of future abuse to
petitioner or

2 any member of petitioner's or respondent's family or 
3 household; and

4   (ii) the danger that any minor child will be 
5 abused or neglected or
improperly relocated from the 
6 jurisdiction, improperly concealed within the
State, 
7 or improperly separated from the child's primary 
8 caretaker.

9  (2) In comparing relative hardships resulting to the 
10 parties from loss
of possession of the family home, the 
11 court shall consider relevant
factors, including, but not 
12 limited to, the following:

13   (i) availability, accessibility, cost, safety, 
14 adequacy, location, and other
characteristics of 
15 alternate housing for each party and any minor child 
16 or
dependent adult in the party's care;

17   (ii) the effect on the party's employment; and

18   (iii) the effect on the relationship of the party, 
19 and any minor
child or dependent adult in the party's 
20 care, to family, school, church,
and community.

21  (3) Subject to the exceptions set forth in paragraph 
22 (4) of this
subsection (c), the court shall make its 
23 findings in an official record or in
writing, and shall at 
24 a minimum set forth the following:

25   (i) That the court has considered the applicable 
26 relevant factors
described in paragraphs (1) and (2) 
 
 
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1 of this subsection (c).

2   (ii) Whether the conduct or actions of respondent, 
3 unless
prohibited, will likely cause irreparable harm 
4 or continued abuse.

5   (iii) Whether it is necessary to grant the 
6 requested relief in order
to protect petitioner or 
7 other alleged abused persons.

8  (4) (Blank).

9  (5) Never married parties. No rights or 
10 responsibilities for a minor
child born outside of 
11 marriage attach to a putative father until a father and

12 child relationship has been established under the Illinois 
13 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
14 the Illinois Public Aid Code, Section 12 of the Vital 
15 Records Act, the Juvenile Court Act of 1987, the Probate 
16 Act of 1975, the Uniform Interstate Family Support Act, 
17 the Expedited Child Support Act of 1990, any judicial, 
18 administrative, or other act of another state or 
19 territory, any other statute of this State, or by any 
20 foreign nation establishing the father and child 
21 relationship, any other proceeding substantially in 
22 conformity with the federal Personal Responsibility and 
23 Work Opportunity Reconciliation Act of 1996, or when both 
24 parties appeared in open court or at an administrative 
25 hearing acknowledging under oath or admitting by 
26 affirmation the existence of a father and child 
 
 
HB1270- 304 -LRB103 04864 RLC 49874 b


1 relationship. Absent such an adjudication, no putative 
2 father shall be granted
temporary allocation of parental 
3 responsibilities, including parenting time with the minor 
4 child, or
physical care
and possession of the minor child, 
5 nor shall
an order of payment for support of the minor 
6 child be entered.

7 (d) Balance of hardships; findings. If the court finds 
8that the balance
of hardships does not support the granting of 
9a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

10subsection (b) of this Section,
which may require such 
11balancing, the court's findings shall so
indicate and shall 
12include a finding as to whether granting the remedy will

13result in hardship to respondent that would substantially 
14outweigh the hardship
to petitioner
from denial of the remedy. 
15The findings shall be an official record or in
writing.

16 (e) Denial of remedies. Denial of any remedy shall not be 
17based, in
whole or in part, on evidence that:

18  (1) respondent has cause for any use of force, unless 
19 that cause
satisfies the standards for justifiable use of 
20 force provided by Article
7 of the Criminal Code of 2012;

21  (2) respondent was voluntarily intoxicated;

22  (3) petitioner acted in self-defense or defense of 
23 another, provided
that, if petitioner utilized force, such 
24 force was justifiable under
Article 7 of the Criminal Code 
25 of 2012; 

26  (4) petitioner did not act in self-defense or defense 
 
 
HB1270- 305 -LRB103 04864 RLC 49874 b


1 of another;

2  (5) petitioner left the residence or household to 
3 avoid further abuse
by respondent;

4  (6) petitioner did not leave the residence or 
5 household to avoid further
abuse by respondent; or 

6  (7) conduct by any family or household member excused 
7 the abuse by
respondent, unless that same conduct would 
8 have excused such abuse if the
parties had not been family 
9 or household members.

10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
11102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


12 (725 ILCS 5/112A-14.7)
13 Sec. 112A-14.7. Stalking no contact order; remedies.
14 (a) The court may order any of the remedies listed in this 
15Section. The remedies listed in this Section shall be in 
16addition to other civil or criminal remedies available to 
17petitioner.
A stalking no contact order shall order one or 
18more of the following:
19  (1) prohibit the respondent from threatening to
commit 
20 or committing stalking;
21  (2) order the respondent not to have any contact with

22 the petitioner or a third person specifically named by the 
23 court;
24  (3) prohibit the respondent from knowingly coming

25 within, or knowingly remaining within a specified distance 
 
 
HB1270- 306 -LRB103 04864 RLC 49874 b


1 of the petitioner or the petitioner's residence, school, 
2 daycare, or place of employment, or any specified place 
3 frequented by the petitioner; however, the court may order 
4 the respondent to stay away from the respondent's own 
5 residence, school, or place of employment only if the 
6 respondent has been provided actual notice of the 
7 opportunity to appear and be heard on the petition;
8  (4) prohibit the respondent from possessing a
Firearm 
9 Owners Identification Card, or possessing or buying 
10 firearms; and
11  (5) order other injunctive relief the court
determines 
12 to be necessary to protect the petitioner or third party 
13 specifically named by the court.
14 (b) When the petitioner and the respondent attend the same 
15public, private, or non-public elementary, middle, or high 
16school, the court when issuing a stalking no contact order and 
17providing relief shall consider the severity of the act, any 
18continuing physical danger or emotional distress to the 
19petitioner, the educational rights guaranteed to the 
20petitioner and respondent under federal and State law, the 
21availability of a transfer of the respondent to another 
22school, a change of placement or a change of program of the 
23respondent, the expense, difficulty, and educational 
24disruption that would be caused by a transfer of the 
25respondent to another school, and any other relevant facts of 
26the case. The court may order that the respondent not attend 
 
 
HB1270- 307 -LRB103 04864 RLC 49874 b


1the public, private, or non-public elementary, middle, or high 
2school attended by the petitioner, order that the respondent 
3accept a change of placement or program, as determined by the 
4school district or private or non-public school, or place 
5restrictions on the respondent's movements within the school 
6attended by the petitioner. The respondent bears the burden of 
7proving by a preponderance of the evidence that a transfer, 
8change of placement, or change of program of the respondent is 
9not available. The respondent also bears the burden of 
10production with respect to the expense, difficulty, and 
11educational disruption that would be caused by a transfer of 
12the respondent to another school. A transfer, change of 
13placement, or change of program is not unavailable to the 
14respondent solely on the ground that the respondent does not 
15agree with the school district's or private or non-public 
16school's transfer, change of placement, or change of program 
17or solely on the ground that the respondent fails or refuses to 
18consent to or otherwise does not take an action required to 
19effectuate a transfer, change of placement, or change of 
20program. When a court orders a respondent to stay away from the 
21public, private, or non-public school attended by the 
22petitioner and the respondent requests a transfer to another 
23attendance center within the respondent's school district or 
24private or non-public school, the school district or private 
25or non-public school shall have sole discretion to determine 
26the attendance center to which the respondent is transferred. 
 
 
HB1270- 308 -LRB103 04864 RLC 49874 b


1If the court order results in a transfer of the minor 
2respondent to another attendance center, a change in the 
3respondent's placement, or a change of the respondent's 
4program, the parents, guardian, or legal custodian of the 
5respondent is responsible for transportation and other costs 
6associated with the transfer or change.
7 (c) The court may order the parents, guardian, or legal 
8custodian of a minor respondent to take certain actions or to 
9refrain from taking certain actions to ensure that the 
10respondent complies with the order. If the court orders a 
11transfer of the respondent to another school, the parents, 
12guardian, or legal custodian of the respondent are responsible 
13for transportation and other costs associated with the change 
14of school by the respondent.
15 (d) The court shall not hold a school district or private 
16or non-public school or any of its employees in civil or 
17criminal contempt unless the school district or private or 
18non-public school has been allowed to intervene.
19 (e) The court may hold the parents, guardian, or legal 
20custodian of a minor respondent in civil or criminal contempt 
21for a violation of any provision of any order entered under 
22this Article for conduct of the minor respondent in violation 
23of this Article if the parents, guardian, or legal custodian 
24directed, encouraged, or assisted the respondent minor in the 
25conduct.
26 (f) Monetary damages are not recoverable as a remedy.
 
 
HB1270- 309 -LRB103 04864 RLC 49874 b


1 (g) If the stalking no contact order prohibits the 
2respondent from possessing a Firearm Owner's Identification 
3Card, or possessing or buying firearms; the court shall 
4confiscate the respondent's firearms Firearm Owner's 
5Identification Card and immediately return the card to the 
6Illinois State Police Firearm Owner's Identification Card 
7Office.

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

9 (725 ILCS 5/112A-17.5)
10 Sec. 112A-17.5. Ex parte protective orders.
11 (a) The petitioner may request expedited consideration of 
12the petition for an ex parte protective order. The court shall 
13consider the request on an expedited basis without requiring 
14the respondent's presence or requiring notice to the 
15respondent.
16 (b) Issuance of ex parte protective orders in cases 
17involving domestic violence. An ex parte domestic violence 
18order of protection shall be issued if petitioner satisfies 
19the requirements of this subsection (b) for one or more of the 
20requested remedies. For each remedy requested, petitioner 
21shall establish that:
22  (1) the court has jurisdiction under Section 112A-9 of 
23 this Code;
24  (2) the requirements of subsection (a) of Section 
25 112A-11.5 of this Code are satisfied; and
 
 
HB1270- 310 -LRB103 04864 RLC 49874 b


1  (3) there is good cause to grant the remedy, 
2 regardless of prior service of process or notice upon the 
3 respondent, because:
4   (A) for the remedy of prohibition of abuse 
5 described in paragraph (1) of subsection (b) of 
6 Section 112A-14 of this Code; stay away order and 
7 additional prohibitions described in paragraph (3) of 
8 subsection (b) of Section 112A-14 of this Code; 
9 removal or concealment of minor child described in 
10 paragraph (8) of subsection (b) of Section 112A-14 of 
11 this Code; order to appear described in paragraph (9) 
12 of subsection (b) of Section 112A-14 of this Code; 
13 physical care and possession of the minor child 
14 described in paragraph (5) of subsection (b) of 
15 Section 112A-14 of this Code; protection of property 
16 described in paragraph (11) of subsection (b) of 
17 Section 112A-14 of this Code; prohibition of entry 
18 described in paragraph (14) of subsection (b) of 
19 Section 112A-14 of this Code; prohibition of firearm 
20 possession described in paragraph (14.5) of subsection 
21 (b) of Section 112A-14 of this Code; prohibition of 
22 access to records described in paragraph (15) of 
23 subsection (b) of Section 112A-14 of this Code; 
24 injunctive relief described in paragraph (16) of 
25 subsection (b) of Section 112A-14 of this Code; and 
26 telephone services described in paragraph (18) of 
 
 
HB1270- 311 -LRB103 04864 RLC 49874 b


1 subsection (b) of Section 112A-14 of this Code, the 
2 harm which that remedy is intended to prevent would be 
3 likely to occur if the respondent were given any prior 
4 notice, or greater notice than was actually given, of 
5 the petitioner's efforts to obtain judicial relief;
6   (B) for the remedy of grant of exclusive 
7 possession of residence described in paragraph (2) of 
8 subsection (b) of Section 112A-14 of this Code; the 
9 immediate danger of further abuse of the petitioner by 
10 the respondent, if the petitioner chooses or had 
11 chosen to remain in the residence or household while 
12 the respondent was given any prior notice or greater 
13 notice than was actually given of the petitioner's 
14 efforts to obtain judicial relief outweighs the 
15 hardships to the respondent of an emergency order 
16 granting the petitioner exclusive possession of the 
17 residence or household; and the remedy shall not be 
18 denied because the petitioner has or could obtain 
19 temporary shelter elsewhere while prior notice is 
20 given to the respondent, unless the hardship to the 
21 respondent from exclusion from the home substantially 
22 outweigh the hardship to the petitioner; or
23   (C) for the remedy of possession of personal 
24 property described in paragraph (10) of subsection (b) 
25 of Section 112A-14 of this Code; improper disposition 
26 of the personal property would be likely to occur if 
 
 
HB1270- 312 -LRB103 04864 RLC 49874 b


1 the respondent were given any prior notice, or greater 
2 notice than was actually given, of the petitioner's 
3 efforts to obtain judicial relief or the petitioner 
4 has an immediate and pressing need for the possession 
5 of that property.
6 An ex parte domestic violence order of protection may not 
7include the counseling, custody, or payment of support or 
8monetary compensation remedies provided by paragraphs (4), 
9(12), (13), and (16) of subsection (b) of Section 112A-14 of 
10this Code.
11 (c) Issuance of ex parte civil no contact order in cases 
12involving sexual offenses. An ex parte civil no contact order 
13shall be issued if the petitioner establishes that:
14  (1) the court has jurisdiction under Section 112A-9 of 
15 this Code;
16  (2) the requirements of subsection (a) of Section 
17 112A-11.5 of this Code are satisfied; and
18  (3) there is good cause to grant the remedy, 
19 regardless of prior service of process or of notice upon 
20 the respondent, because the harm which that remedy is 
21 intended to prevent would be likely to occur if the 
22 respondent were given any prior notice, or greater notice 
23 than was actually given, of the petitioner's efforts to 
24 obtain judicial relief.
25 The court may order any of the remedies under Section 
26112A-14.5 of this Code.
 
 
HB1270- 313 -LRB103 04864 RLC 49874 b


1 (d) Issuance of ex parte stalking no contact order in 
2cases involving stalking offenses. An ex parte stalking no 
3contact order shall be issued if the petitioner establishes 
4that:
5  (1) the court has jurisdiction under Section 112A-9 of 
6 this Code;
7  (2) the requirements of subsection (a) of Section 
8 112A-11.5 of this Code are satisfied; and
9  (3) there is good cause to grant the remedy, 
10 regardless of prior service of process or of notice upon 
11 the respondent, because the harm which that remedy is 
12 intended to prevent would be likely to occur if the 
13 respondent were given any prior notice, or greater notice 
14 than was actually given, of the petitioner's efforts to 
15 obtain judicial relief.
16 The court may order any of the remedies under Section 
17112A-14.7 of this Code.
18 (e) Issuance of ex parte protective orders on court 
19holidays and evenings.
20 When the court is unavailable at the close of business, 
21the petitioner may file a petition for an ex parte protective 
22order before any available circuit judge or associate judge 
23who may grant relief under this Article. If the judge finds 
24that petitioner has satisfied the prerequisites in subsection 
25(b), (c), or (d) of this Section, the judge shall issue an ex 
26parte protective order.
 
 
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1 The chief judge of the circuit court may designate for 
2each county in the circuit at least one judge to be reasonably 
3available to issue orally, by telephone, by facsimile, or 
4otherwise, an ex parte protective order at all times, whether 
5or not the court is in session.
6 The judge who issued the order under this Section shall 
7promptly communicate or convey the order to the sheriff to 
8facilitate the entry of the order into the Law Enforcement 
9Agencies Data System by the Illinois State Police under 
10Section 112A-28 of this Code. Any order issued under this 
11Section and any documentation in support of it shall be 
12certified on the next court day to the appropriate court. The 
13clerk of that court shall immediately assign a case number, 
14file the petition, order, and other documents with the court 
15and enter the order of record and file it with the sheriff for 
16service under subsection (f) of this Section. Failure to 
17comply with the requirements of this subsection (e) shall not 
18affect the validity of the order.
19 (f) Service of ex parte protective order on respondent.
20  (1) If an ex parte protective order is entered at the 
21 time a summons or arrest warrant is issued for the 
22 criminal charge, the petition for the protective order, 
23 any supporting affidavits, if any, and the ex parte 
24 protective order that has been issued shall be served with 
25 the summons or arrest warrant. The enforcement of a 
26 protective order under Section 112A-23 of this Code shall 
 
 
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1 not be affected by the lack of service or delivery, 
2 provided the requirements of subsection (a) of Section 
3 112A-23 of this Code are otherwise met.
4  (2) If an ex parte protective order is entered after a 
5 summons or arrest warrant is issued and before the 
6 respondent makes an initial appearance in the criminal 
7 case, the summons shall be in the form prescribed by 
8 subsection (d) of Supreme Court Rule 101, except that it 
9 shall require respondent to answer or appear within 7 days 
10 and shall be accompanied by the petition for the 
11 protective order, any supporting affidavits, if any, and 
12 the ex parte protective order that has been issued.
13  (3) If an ex parte protective order is entered after 
14 the respondent has been served notice of a petition for a 
15 final protective order and the respondent has requested a 
16 continuance to respond to the petition, the ex parte 
17 protective order shall be served: (A) in open court if the 
18 respondent is present at the proceeding at which the order 
19 was entered; or (B) by summons in the form prescribed by 
20 subsection (d) of Supreme Court Rule 101.
21  (4) No fee shall be charged for service of summons.
22  (5) The summons shall be served by the sheriff or 
23 other law enforcement officer at the earliest time and 
24 shall take precedence over other summonses except those of 
25 a similar emergency nature. Special process servers may be 
26 appointed at any time, and their designation shall not 
 
 
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1 affect the responsibilities and authority of the sheriff 
2 or other official process servers. In a county with a 
3 population over 3,000,000, a special process server may 
4 not be appointed if an ex parte protective order grants 
5 the surrender of a child, the surrender of a firearm or 
6 Firearm Owner's Identification Card, or the exclusive 
7 possession of a shared residence. Process may be served in 
8 court.
9 (g) Upon 7 days' notice to the petitioner, or a shorter 
10notice period as the court may prescribe, a respondent subject 
11to an ex parte protective order may appear and petition the 
12court to re-hear the petition. Any petition to re-hear shall 
13be verified and shall allege the following:
14  (1) that respondent did not receive prior notice of 
15 the initial hearing in which the ex parte protective order 
16 was entered under Section 112A-17.5 of this Code; and
17  (2) that respondent had a meritorious defense to the 
18 order or any of its remedies or that the order or any of 
19 its remedies was not authorized under this Article.
20 The verified petition and affidavit shall set forth the 
21evidence of the meritorious defense that will be presented at 
22a hearing. If the court finds that the evidence presented at 
23the hearing on the petition establishes a meritorious defense 
24by a preponderance of the evidence, the court may decide to 
25vacate the protective order or modify the remedies.
26 (h) If the ex parte protective order granted petitioner 
 
 
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1exclusive possession of the residence and the petition of 
2respondent seeks to re-open or vacate that grant, the court 
3shall set a date for hearing within 14 days on all issues 
4relating to exclusive possession. Under no circumstances shall 
5a court continue a hearing concerning exclusive possession 
6beyond the 14th day except by agreement of the petitioner and 
7the respondent. Other issues raised by the pleadings may be 
8consolidated for the hearing if the petitioner, the 
9respondent, and the court do not object.
10 (i) Duration of ex parte protective order. An ex parte 
11order shall remain in effect until the court considers the 
12request for a final protective order after notice has been 
13served on the respondent or a default final protective order 
14is entered, whichever occurs first. If a court date is 
15scheduled for the issuance of a default protective order and 
16the petitioner fails to personally appear or appear through 
17counsel or the prosecuting attorney, the petition shall be 
18dismissed and the ex parte order terminated.

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

20 Section 95. The Unified Code of Corrections is amended by 
21changing Sections 3-2-10.5, 5-4.5-110, 5-5-3, 5-5-3.2, and 
225-6-3 as follows:

23 (730 ILCS 5/3-2-10.5)
24 Sec. 3-2-10.5. Retiring security employees and parole 
 
 
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1agents; purchase of service firearm and badge. The Director 
2shall establish a program to allow a security employee or 
3parole agent of the Department who is honorably retiring in 
4good standing to purchase either one or both of the following: 
5(1) any badge previously issued to the security employee or 
6parole agent by the Department; or (2) if the security 
7employee or parole agent has a currently valid Firearm Owner's 
8Identification Card, the service firearm issued or previously 
9issued to the security employee or parole agent by the 
10Department. The badge must be permanently and conspicuously 
11marked in such a manner that the individual who possesses the 
12badge is not mistaken for an actively serving law enforcement 
13officer. The cost of the firearm shall be the replacement 
14value of the firearm and not the firearm's fair market value.

15(Source: P.A. 102-719, eff. 5-6-22.)

16 (730 ILCS 5/5-4.5-110)
17 (Section scheduled to be repealed on January 1, 2023)
18 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
19PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
20 (a) DEFINITIONS. For the purposes of this Section:
21  "Firearm" has the meaning ascribed to it in Section 
22 2-7.5 of the Criminal Code of 2012 Section 1.1 of the 
23 Firearm Owners Identification Card Act.
24  "Qualifying predicate offense" means the following 
25 offenses under the Criminal Code of 2012:
 
 
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1   (A) aggravated unlawful use of a weapon under 
2 Section 24-1.6 or similar offense under the Criminal 
3 Code of 1961, when the weapon is a firearm; 
4   (B) unlawful use or possession of a weapon by a 
5 felon under Section 24-1.1 or similar offense under 
6 the Criminal Code of 1961, when the
weapon is a 
7 firearm;
8   (C) first degree murder under Section 9-1 or 
9 similar offense under the Criminal Code of 1961;
10   (D) attempted first degree murder with a firearm 
11 or similar offense under the Criminal Code of 1961;
12   (E) aggravated kidnapping with a firearm under 
13 paragraph (6) or (7) of subsection (a) of Section 10-2 
14 or similar offense under the Criminal Code of 1961;
15   (F) aggravated battery with a firearm under 
16 subsection (e) of Section 12-3.05 or similar offense 
17 under the Criminal Code of 1961;
18   (G) aggravated criminal sexual assault under 
19 Section 11-1.30 or similar offense under the Criminal 
20 Code of 1961;
21   (H) predatory criminal sexual assault of a child 
22 under Section 11-1.40 or similar offense under the 
23 Criminal Code of 1961;
24   (I) armed robbery under Section 18-2 or similar 
25 offense under the Criminal Code of 1961;
26   (J) vehicular hijacking under Section 18-3 or 
 
 
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1 similar offense under the Criminal Code of 1961;
2   (K) aggravated vehicular hijacking under Section 
3 18-4 or similar offense under the Criminal Code of 
4 1961;
5   (L) home invasion with a firearm under paragraph 
6 (3), (4), or (5) of subsection (a) of Section 19-6 or 
7 similar offense under the Criminal Code of 1961;
8   (M) aggravated discharge of a firearm under 
9 Section 24-1.2 or similar offense under the Criminal 
10 Code of 1961;
11   (N) aggravated discharge of a machine gun or a 
12 firearm equipped with a device
designed or used for 
13 silencing the report of a firearm under Section 
14 24-1.2-5 or similar offense under the Criminal Code of 
15 1961;
16   (0) unlawful use of firearm projectiles under 
17 Section 24-2.1 or similar offense under the Criminal 
18 Code of 1961;
19   (P) manufacture, sale, or transfer of bullets or 
20 shells represented to be armor piercing
bullets, 
21 dragon's breath shotgun shells, bolo shells, or 
22 flechette shells under Section 24-2.2 or similar 
23 offense under the Criminal Code of 1961;
24   (Q) unlawful sale or delivery of firearms under 
25 Section 24-3 or similar offense under the Criminal 
26 Code of 1961;
 
 
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1   (R) unlawful discharge of firearm projectiles 
2 under Section 24-3.2 or similar offense under the 
3 Criminal Code of 1961;
4   (S) unlawful sale or delivery of firearms on 
5 school premises of any school under Section 24-3.3 or 
6 similar offense under the Criminal Code of 1961;
7   (T) unlawful purchase of a firearm under Section 
8 24-3.5 or similar offense under the Criminal Code of 
9 1961;
10   (U) use of a stolen firearm in the commission of an 
11 offense under Section 24-3.7 or similar offense under 
12 the Criminal Code of 1961;
13   (V) possession of a stolen firearm under Section 
14 24-3.8 or similar offense under the Criminal Code of 
15 1961;
16   (W) aggravated possession of a stolen firearm 
17 under Section 24-3.9 or similar offense under the 
18 Criminal Code of 1961;
19   (X) gunrunning under Section 24-3A or similar 
20 offense under the Criminal Code of 1961;
21   (Y) defacing identification marks of firearms 
22 under Section 24-5 or similar offense under the 
23 Criminal Code of 1961; and
24   (Z) armed violence under Section 33A-2 or similar 
25 offense under the Criminal Code of 1961. 
26 (b) APPLICABILITY. For an offense committed on or after 
 
 
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1January 1, 2018 (the effective date Public Act 100-3) of this 
2amendatory Act of the 100th General Assembly and before 
3January 1, 2023, when a person is convicted of unlawful use or 
4possession of a weapon by a felon, when the weapon is a 
5firearm, or aggravated unlawful use of a weapon, when the 
6weapon is a firearm, after being previously convicted of a 
7qualifying predicate offense the person shall be subject to 
8the sentencing guidelines under this Section.
9 (c) SENTENCING GUIDELINES.
10  (1) When a person is convicted of unlawful use or 
11 possession of a weapon by a felon, when the weapon is a 
12 firearm, and that person has been previously convicted of 
13 a qualifying predicate offense, the person shall be 
14 sentenced to a term of imprisonment within the sentencing 
15 range of not less than 7 years and not more than 14 years, 
16 unless the court finds that a departure from the 
17 sentencing guidelines under this paragraph is warranted 
18 under subsection (d) of this Section.
19  (2) When a person is convicted of aggravated unlawful 
20 use of a weapon, when the weapon is a firearm, and that 
21 person has been previously convicted of a qualifying 
22 predicate offense, the person shall be sentenced to a term 
23 of imprisonment within the sentencing range of not less 
24 than 6 years and not more than 7 years, unless the court 
25 finds that a departure from the sentencing guidelines 
26 under this paragraph is warranted under subsection (d) of 
 
 
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1 this Section. 
2  (3) The sentencing guidelines in paragraphs (1) and 
3 (2) of this subsection (c) apply only to offenses 
4 committed on and after January 1, 2018 (the effective date 
5 of Public Act 100-3) this amendatory Act of the 100th 
6 General Assembly and before January 1, 2023. 
7 (d) DEPARTURE FROM SENTENCING GUIDELINES.
8  (1) At the sentencing hearing conducted under Section 
9 5-4-1 of this Code, the court may depart from the

10 sentencing guidelines provided in subsection (c) of this 
11 Section and impose a sentence
otherwise authorized by law 
12 for the offense if the court, after considering any factor 
13 under paragraph (2) of this subsection (d) relevant to the 
14 nature and
circumstances of the crime and to the history 
15 and character of the defendant, finds on the record

16 substantial and compelling justification that the sentence 
17 within the sentencing guidelines would be unduly harsh and

18 that a sentence otherwise authorized by law would be 
19 consistent with public
safety and does not deprecate the 
20 seriousness of the offense.
21  (2) In deciding whether to depart from the sentencing 
22 guidelines under this paragraph, the court shall
consider:
23   (A) the age, immaturity, or limited mental 
24 capacity of the defendant at the time of
commission of 
25 the qualifying predicate or current offense, including 
26 whether the defendant
was suffering from a mental or 
 
 
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1 physical condition insufficient to constitute a

2 defense but significantly reduced the defendant's 
3 culpability;
4   (B) the nature and circumstances of the qualifying 
5 predicate offense;
6   (C) the time elapsed since the qualifying 
7 predicate offense;
8   (D) the nature and circumstances of the current 
9 offense;
10   (E) the defendant's prior criminal history;
11   (F) whether the defendant committed the qualifying 
12 predicate or current offense under
specific and 
13 credible duress, coercion, threat, or compulsion;
14   (G) whether the defendant aided in the 
15 apprehension of another felon or testified
truthfully 
16 on behalf of another prosecution of a felony; and
17   (H) whether departure is in the interest of the 
18 person's rehabilitation, including employment or 
19 educational or vocational training, after taking into 
20 account any past rehabilitation efforts or 
21 dispositions of probation or supervision, and the 
22 defendant's cooperation or response to rehabilitation.
23  (3) When departing from the sentencing guidelines 
24 under this Section, the court shall specify on the record, 
25 the particular evidence, information, factor or factors, 
26 or other reasons which led to the departure from the 
 
 
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1 sentencing guidelines. When departing from the sentencing 
2 range in accordance with this subsection (d), the court 
3 shall indicate on the sentencing order which departure 
4 factor or factors outlined in paragraph (2) of this 
5 subsection (d) led to the sentence imposed. The sentencing 
6 order shall be filed with the clerk of the court and shall 
7 be a public record.
8 (e) This Section is repealed on January 1, 2023. 

9(Source: P.A. 100-3, eff. 1-1-18.)



10 (730 ILCS 5/5-5-3)



11 Sec. 5-5-3. Disposition. 

12 (a) (Blank).

13 (b) (Blank). 

14 (c) (1) (Blank).

15 (2) A period of probation, a term of periodic imprisonment 
16or
conditional discharge shall not be imposed for the 
17following offenses.
The court shall sentence the offender to 
18not less than the minimum term
of imprisonment set forth in 
19this Code for the following offenses, and
may order a fine or 
20restitution or both in conjunction with such term of

21imprisonment:

22  (A) First degree murder where the death penalty is not 
23 imposed.

24  (B) Attempted first degree murder.

25  (C) A Class X felony.

 
 
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1  (D) A violation of Section 401.1 or 407 of the

2 Illinois Controlled Substances Act, or a violation of 
3 subdivision (c)(1.5) of
Section 401 of that Act which 
4 relates to more than 5 grams of a substance
containing 
5 fentanyl or an analog thereof.

6  (D-5) A violation of subdivision (c)(1) of
Section 401 
7 of the Illinois Controlled Substances Act which relates to 
8 3 or more grams of a substance
containing heroin or an 
9 analog thereof. 
10  (E) (Blank).

11  (F) A Class 1 or greater felony if the offender had 
12 been convicted
of a Class 1 or greater felony, including 
13 any state or federal conviction for an offense that 
14 contained, at the time it was committed, the same elements 
15 as an offense now (the date of the offense committed after 
16 the prior Class 1 or greater felony) classified as a Class 
17 1 or greater felony, within 10 years of the date on which 
18 the
offender
committed the offense for which he or she is 
19 being sentenced, except as
otherwise provided in Section 
20 40-10 of the Substance Use Disorder Act.

21  (F-3) A Class 2 or greater felony sex offense or 
22 felony firearm offense if the offender had been convicted 
23 of a Class 2 or greater felony, including any state or 
24 federal conviction for an offense that contained, at the 
25 time it was committed, the same elements as an offense now 
26 (the date of the offense committed after the prior Class 2 
 
 
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1 or greater felony) classified as a Class 2 or greater 
2 felony, within 10 years of the date on which the offender 
3 committed the offense for which he or she is being 
4 sentenced, except as otherwise provided in Section 40-10 
5 of the Substance Use Disorder Act. 
6  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
7 of the Criminal Code of 1961 or the Criminal Code of 2012 
8 for which imprisonment is prescribed in those Sections.
9  (G) Residential burglary, except as otherwise provided 
10 in Section 40-10
of the Substance Use Disorder Act.

11  (H) Criminal sexual assault.

12  (I) Aggravated battery of a senior citizen as 
13 described in Section 12-4.6 or subdivision (a)(4) of 
14 Section 12-3.05 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012.

16  (J) A forcible felony if the offense was related to 
17 the activities of an
organized gang.

18  Before July 1, 1994, for the purposes of this 
19 paragraph, "organized
gang" means an association of 5 or 
20 more persons, with an established hierarchy,
that 
21 encourages members of the association to perpetrate crimes 
22 or provides
support to the members of the association who 
23 do commit crimes.

24  Beginning July 1, 1994, for the purposes of this 
25 paragraph,
"organized gang" has the meaning ascribed to it 
26 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
 
 
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1 Prevention Act.

2  (K) Vehicular hijacking.

3  (L) A second or subsequent conviction for the offense 
4 of hate crime
when the underlying offense upon which the 
5 hate crime is based is felony
aggravated
assault or felony 
6 mob action.

7  (M) A second or subsequent conviction for the offense 
8 of institutional
vandalism if the damage to the property 
9 exceeds $300.

10  (N) A Class 3 felony violation of paragraph (1) of 
11 subsection (a) of
Section 2 of the Firearm Owners 
12 Identification Card Act committed before the effective 
13 date of this amendatory Act of the 103rd General Assembly.

14  (O) A violation of Section 12-6.1 or 12-6.5 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012.

16  (P) A violation of paragraph (1), (2), (3), (4), (5), 
17 or (7) of
subsection (a)
of Section 11-20.1 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012.

19  (P-5) A violation of paragraph (6) of subsection (a) 
20 of
Section 11-20.1 of the Criminal Code of 1961 or the

21 Criminal Code of 2012 if the victim is a household or

22 family member of the defendant.
23  (Q) A violation of subsection (b) or (b-5) of Section 
24 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
25 Code of
1961 or the Criminal Code of 2012.

26  (R) A violation of Section 24-3A of the Criminal Code 
 
 
HB1270- 329 -LRB103 04864 RLC 49874 b


1 of
1961 or the Criminal Code of 2012.

2  (S) (Blank).

3  (T) (Blank).

4  (U) A second or subsequent violation of Section 6-303 
5 of the Illinois Vehicle Code committed while his or her 
6 driver's license, permit, or privilege was revoked because 
7 of a violation of Section 9-3 of the Criminal Code of 1961 
8 or the Criminal Code of 2012, relating to the offense of 
9 reckless homicide, or a similar provision of a law of 
10 another state.

11  (V)
A violation of paragraph (4) of subsection (c) of 
12 Section 11-20.1B or paragraph (4) of subsection (c) of 
13 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
14 (6) of subsection (a) of Section 11-20.1 of the Criminal 
15 Code of 2012 when the victim is under 13 years of age and 
16 the defendant has previously been convicted under the laws 
17 of this State or any other state of the offense of child 
18 pornography, aggravated child pornography, aggravated 
19 criminal sexual abuse, aggravated criminal sexual assault, 
20 predatory criminal sexual assault of a child, or any of 
21 the offenses formerly known as rape, deviate sexual 
22 assault, indecent liberties with a child, or aggravated 
23 indecent liberties with a child where the victim was under 
24 the age of 18 years or an offense that is substantially 
25 equivalent to those offenses.
26  (W) A violation of Section 24-3.5 of the Criminal Code 
 
 
HB1270- 330 -LRB103 04864 RLC 49874 b


1 of 1961 or the Criminal Code of 2012.

2  (X) A violation of subsection (a) of Section 31-1a of 
3 the Criminal Code of 1961 or the Criminal Code of 2012.
4  (Y) A conviction for unlawful possession of a firearm 
5 by a street gang member when the firearm was loaded or 
6 contained firearm ammunition. 
7  (Z) A Class 1 felony committed while he or she was 
8 serving a term of probation or conditional discharge for a 
9 felony.
10  (AA) Theft of property exceeding $500,000 and not 
11 exceeding $1,000,000 in value.
12  (BB) Laundering of criminally derived property of a 
13 value exceeding
$500,000.
14  (CC) Knowingly selling, offering for sale, holding for 
15 sale, or using 2,000 or more counterfeit items or 
16 counterfeit items having a retail value in the aggregate 
17 of $500,000 or more. 
18  (DD) A conviction for aggravated assault under 
19 paragraph (6) of subsection (c) of Section 12-2 of the 
20 Criminal Code of 1961 or the Criminal Code of 2012 if the 
21 firearm is aimed toward the person against whom the 
22 firearm is being used. 
23  (EE) A conviction for a violation of paragraph (2) of 
24 subsection (a) of Section 24-3B of the Criminal Code of 
25 2012. 
26 (3) (Blank).

 
 
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1 (4) A minimum term of imprisonment of not less than 10

2consecutive days or 30 days of community service shall be 
3imposed for a
violation of paragraph (c) of Section 6-303 of 
4the Illinois Vehicle Code.

5 (4.1) (Blank).

6 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
7this subsection (c), a
minimum of
100 hours of community 
8service shall be imposed for a second violation of
Section 
96-303
of the Illinois Vehicle Code.

10 (4.3) A minimum term of imprisonment of 30 days or 300 
11hours of community
service, as determined by the court, shall

12be imposed for a second violation of subsection (c) of Section 
136-303 of the
Illinois Vehicle Code.

14 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
15(4.9) of this
subsection (c), a
minimum term of imprisonment 
16of 30 days or 300 hours of community service, as
determined by 
17the court, shall
be imposed
for a third or subsequent 
18violation of Section 6-303 of the Illinois Vehicle
Code. The 
19court may give credit toward the fulfillment of community 
20service hours for participation in activities and treatment as 
21determined by court services. 

22 (4.5) A minimum term of imprisonment of 30 days
shall be 
23imposed for a third violation of subsection (c) of
Section 
246-303 of the Illinois Vehicle Code.

25 (4.6) Except as provided in paragraph (4.10) of this 
26subsection (c), a minimum term of imprisonment of 180 days 
 
 
HB1270- 332 -LRB103 04864 RLC 49874 b


1shall be imposed for a
fourth or subsequent violation of 
2subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

3 (4.7) A minimum term of imprisonment of not less than 30 
4consecutive days, or 300 hours of community service, shall be 
5imposed for a violation of subsection (a-5) of Section 6-303 
6of the Illinois Vehicle Code, as provided in subsection (b-5) 
7of that Section.

8 (4.8) A mandatory prison sentence shall be imposed for a 
9second violation of subsection (a-5) of Section 6-303 of the 
10Illinois Vehicle Code, as provided in subsection (c-5) of that 
11Section. The person's driving privileges shall be revoked for 
12a period of not less than 5 years from the date of his or her 
13release from prison.

14 (4.9) A mandatory prison sentence of not less than 4 and 
15not more than 15 years shall be imposed for a third violation 
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
17Code, as provided in subsection (d-2.5) of that Section. The 
18person's driving privileges shall be revoked for the remainder 
19of his or her life.

20 (4.10) A mandatory prison sentence for a Class 1 felony 
21shall be imposed, and the person shall be eligible for an 
22extended term sentence, for a fourth or subsequent violation 
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
24Code, as provided in subsection (d-3.5) of that Section. The 
25person's driving privileges shall be revoked for the remainder 
26of his or her life.

 
 
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1 (5) The court may sentence a corporation or unincorporated

2association convicted of any offense to:

3  (A) a period of conditional discharge;

4  (B) a fine;

5  (C) make restitution to the victim under Section 5-5-6 
6 of this Code.

7 (5.1) In addition to any other penalties imposed, and 
8except as provided in paragraph (5.2) or (5.3), a person

9convicted of violating subsection (c) of Section 11-907 of the 
10Illinois
Vehicle Code shall have his or her driver's license, 
11permit, or privileges
suspended for at least 90 days but not 
12more than one year, if the violation
resulted in damage to the 
13property of another person.

14 (5.2) In addition to any other penalties imposed, and 
15except as provided in paragraph (5.3), a person convicted
of 
16violating subsection (c) of Section 11-907 of the Illinois 
17Vehicle Code
shall have his or her driver's license, permit, 
18or privileges suspended for at
least 180 days but not more than 
192 years, if the violation resulted in injury
to
another 
20person.

21 (5.3) In addition to any other penalties imposed, a person 
22convicted of violating subsection (c) of Section
11-907 of the 
23Illinois Vehicle Code shall have his or her driver's license,

24permit, or privileges suspended for 2 years, if the violation 
25resulted in the
death of another person.

26 (5.4) In addition to any other penalties imposed, a person 
 
 
HB1270- 334 -LRB103 04864 RLC 49874 b


1convicted of violating Section 3-707 of the Illinois Vehicle 
2Code shall have his or her driver's license, permit, or 
3privileges suspended for 3 months and until he or she has paid 
4a reinstatement fee of $100.
5 (5.5) In addition to any other penalties imposed, a person 
6convicted of violating Section 3-707 of the Illinois Vehicle 
7Code during a period in which his or her driver's license, 
8permit, or privileges were suspended for a previous violation 
9of that Section shall have his or her driver's license, 
10permit, or privileges suspended for an additional 6 months 
11after the expiration of the original 3-month suspension and 
12until he or she has paid a reinstatement fee of $100.

13 (6) (Blank).

14 (7) (Blank).

15 (8) (Blank).

16 (9) A defendant convicted of a second or subsequent 
17offense of ritualized
abuse of a child may be sentenced to a 
18term of natural life imprisonment.

19 (10) (Blank).

20 (11) The court shall impose a minimum fine of $1,000 for a 
21first offense
and $2,000 for a second or subsequent offense 
22upon a person convicted of or
placed on supervision for 
23battery when the individual harmed was a sports
official or 
24coach at any level of competition and the act causing harm to 
25the
sports
official or coach occurred within an athletic 
26facility or within the immediate vicinity
of the athletic 
 
 
HB1270- 335 -LRB103 04864 RLC 49874 b


1facility at which the sports official or coach was an active

2participant
of the athletic contest held at the athletic 
3facility. For the purposes of
this paragraph (11), "sports 
4official" means a person at an athletic contest
who enforces 
5the rules of the contest, such as an umpire or referee; 
6"athletic facility" means an indoor or outdoor playing field 
7or recreational area where sports activities are conducted;

8and "coach" means a person recognized as a coach by the 
9sanctioning
authority that conducted the sporting event.
10 (12) A person may not receive a disposition of court 
11supervision for a
violation of Section 5-16 of the Boat 
12Registration and Safety Act if that
person has previously 
13received a disposition of court supervision for a
violation of 
14that Section.

15 (13) A person convicted of or placed on court supervision 
16for an assault or aggravated assault when the victim and the 
17offender are family or household members as defined in Section 
18103 of the Illinois Domestic Violence Act of 1986 or convicted 
19of domestic battery or aggravated domestic battery may be 
20required to attend a Partner Abuse Intervention Program under 
21protocols set forth by the Illinois Department of Human 
22Services under such terms and conditions imposed by the court. 
23The costs of such classes shall be paid by the offender.

24 (d) In any case in which a sentence originally imposed is 
25vacated,
the case shall be remanded to the trial court. The 
26trial court shall
hold a hearing under Section 5-4-1 of this 
 
 
HB1270- 336 -LRB103 04864 RLC 49874 b


1Code
which may include evidence of the defendant's life, moral 
2character and
occupation during the time since the original 
3sentence was passed. The
trial court shall then impose 
4sentence upon the defendant. The trial
court may impose any 
5sentence which could have been imposed at the
original trial 
6subject to Section 5-5-4 of this Code.
If a sentence is vacated 
7on appeal or on collateral attack due to the
failure of the 
8trier of fact at trial to determine beyond a reasonable doubt

9the
existence of a fact (other than a prior conviction) 
10necessary to increase the
punishment for the offense beyond 
11the statutory maximum otherwise applicable,
either the 
12defendant may be re-sentenced to a term within the range 
13otherwise
provided or, if the State files notice of its 
14intention to again seek the
extended sentence, the defendant 
15shall be afforded a new trial.

16 (e) In cases where prosecution for
aggravated criminal 
17sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
18Code of 1961 or the Criminal Code of 2012 results in conviction 
19of a defendant
who was a family member of the victim at the 
20time of the commission of the
offense, the court shall 
21consider the safety and welfare of the victim and
may impose a 
22sentence of probation only where:

23  (1) the court finds (A) or (B) or both are 
24 appropriate:

25   (A) the defendant is willing to undergo a court 
26 approved counseling
program for a minimum duration of 
 
 
HB1270- 337 -LRB103 04864 RLC 49874 b


1 2 years; or

2   (B) the defendant is willing to participate in a 
3 court approved plan,
including, but not limited to, 
4 the defendant's:

5    (i) removal from the household;

6    (ii) restricted contact with the victim;

7    (iii) continued financial support of the 
8 family;

9    (iv) restitution for harm done to the victim; 
10 and

11    (v) compliance with any other measures that 
12 the court may
deem appropriate; and

13  (2) the court orders the defendant to pay for the 
14 victim's counseling
services, to the extent that the court 
15 finds, after considering the
defendant's income and 
16 assets, that the defendant is financially capable of

17 paying for such services, if the victim was under 18 years 
18 of age at the
time the offense was committed and requires 
19 counseling as a result of the
offense.

20 Probation may be revoked or modified pursuant to Section 
215-6-4; except
where the court determines at the hearing that 
22the defendant violated a
condition of his or her probation 
23restricting contact with the victim or
other family members or 
24commits another offense with the victim or other
family 
25members, the court shall revoke the defendant's probation and

26impose a term of imprisonment.

 
 
HB1270- 338 -LRB103 04864 RLC 49874 b


1 For the purposes of this Section, "family member" and 
2"victim" shall have
the meanings ascribed to them in Section 
311-0.1 of the Criminal Code of
2012.

4 (f) (Blank).

5 (g) Whenever a defendant is convicted of an offense under 
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
711-14.3, 11-14.4 except for an offense that involves keeping a 
8place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
911-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1012-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
11Criminal Code of 2012,
the defendant shall undergo medical 
12testing to
determine whether the defendant has any sexually 
13transmissible disease,
including a test for infection with 
14human immunodeficiency virus (HIV) or
any other identified 
15causative agent of acquired immunodeficiency syndrome
(AIDS). 
16Any such medical test shall be performed only by appropriately

17licensed medical practitioners and may include an analysis of 
18any bodily
fluids as well as an examination of the defendant's 
19person.
Except as otherwise provided by law, the results of 
20such test shall be kept
strictly confidential by all medical 
21personnel involved in the testing and must
be personally 
22delivered in a sealed envelope to the judge of the court in 
23which
the conviction was entered for the judge's inspection in 
24camera. Acting in
accordance with the best interests of the 
25victim and the public, the judge
shall have the discretion to 
26determine to whom, if anyone, the results of the
testing may be 
 
 
HB1270- 339 -LRB103 04864 RLC 49874 b


1revealed. The court shall notify the defendant
of the test 
2results. The court shall
also notify the victim if requested 
3by the victim, and if the victim is under
the age of 15 and if 
4requested by the victim's parents or legal guardian, the
court 
5shall notify the victim's parents or legal guardian of the 
6test
results.
The court shall provide information on the 
7availability of HIV testing
and counseling at Department of 
8Public Health facilities to all parties to
whom the results of 
9the testing are revealed and shall direct the State's
Attorney 
10to provide the information to the victim when possible.
The 
11court shall order that the cost of any such test
shall be paid 
12by the county and may be taxed as costs against the convicted

13defendant.

14 (g-5) When an inmate is tested for an airborne 
15communicable disease, as
determined by the Illinois Department 
16of Public Health, including, but not
limited to, tuberculosis, 
17the results of the test shall be
personally delivered by the 
18warden or his or her designee in a sealed envelope
to the judge 
19of the court in which the inmate must appear for the judge's

20inspection in camera if requested by the judge. Acting in 
21accordance with the
best interests of those in the courtroom, 
22the judge shall have the discretion
to determine what if any 
23precautions need to be taken to prevent transmission
of the 
24disease in the courtroom.

25 (h) Whenever a defendant is convicted of an offense under 
26Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
 
 
HB1270- 340 -LRB103 04864 RLC 49874 b


1defendant shall undergo
medical testing to determine whether 
2the defendant has been exposed to human
immunodeficiency virus 
3(HIV) or any other identified causative agent of
acquired 
4immunodeficiency syndrome (AIDS). Except as otherwise provided 
5by
law, the results of such test shall be kept strictly 
6confidential by all
medical personnel involved in the testing 
7and must be personally delivered in a
sealed envelope to the 
8judge of the court in which the conviction was entered
for the 
9judge's inspection in camera. Acting in accordance with the 
10best
interests of the public, the judge shall have the 
11discretion to determine to
whom, if anyone, the results of the 
12testing may be revealed. The court shall
notify the defendant 
13of a positive test showing an infection with the human

14immunodeficiency virus (HIV). The court shall provide 
15information on the
availability of HIV testing and counseling 
16at Department of Public Health
facilities to all parties to 
17whom the results of the testing are revealed and
shall direct 
18the State's Attorney to provide the information to the victim 
19when
possible. The court shall order that the cost of any
such 
20test shall be paid by the county and may be taxed as costs 
21against the
convicted defendant.

22 (i) All fines and penalties imposed under this Section for 
23any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
24Vehicle Code, or a similar
provision of a local ordinance, and 
25any violation
of the Child Passenger Protection Act, or a 
26similar provision of a local
ordinance, shall be collected and 
 
 
HB1270- 341 -LRB103 04864 RLC 49874 b


1disbursed by the circuit
clerk as provided under the Criminal 
2and Traffic Assessment Act.

3 (j) In cases when prosecution for any violation of Section 
411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
611-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
812-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
9Code of 2012, any violation of the Illinois Controlled 
10Substances Act,
any violation of the Cannabis Control Act, or 
11any violation of the Methamphetamine Control and Community 
12Protection Act results in conviction, a
disposition of court 
13supervision, or an order of probation granted under
Section 10 
14of the Cannabis Control Act, Section 410 of the Illinois

15Controlled Substances Act, or Section 70 of the 
16Methamphetamine Control and Community Protection Act of a 
17defendant, the court shall determine whether the
defendant is 
18employed by a facility or center as defined under the Child 
19Care
Act of 1969, a public or private elementary or secondary 
20school, or otherwise
works with children under 18 years of age 
21on a daily basis. When a defendant
is so employed, the court 
22shall order the Clerk of the Court to send a copy of
the 
23judgment of conviction or order of supervision or probation to 
24the
defendant's employer by certified mail.
If the employer of 
25the defendant is a school, the Clerk of the Court shall
direct 
26the mailing of a copy of the judgment of conviction or order of

 
 
HB1270- 342 -LRB103 04864 RLC 49874 b


1supervision or probation to the appropriate regional 
2superintendent of schools.
The regional superintendent of 
3schools shall notify the State Board of
Education of any 
4notification under this subsection.

5 (j-5) A defendant at least 17 years of age who is convicted 
6of a felony and
who has not been previously convicted of a 
7misdemeanor or felony and who is
sentenced to a term of 
8imprisonment in the Illinois Department of Corrections
shall 
9as a condition of his or her sentence be required by the court 
10to attend
educational courses designed to prepare the 
11defendant for a high school diploma
and to work toward a high 
12school diploma or to work toward passing high school 
13equivalency testing or to work toward
completing a vocational 
14training program offered by the Department of
Corrections. If 
15a defendant fails to complete the educational training

16required by his or her sentence during the term of 
17incarceration, the Prisoner
Review Board shall, as a condition 
18of mandatory supervised release, require the
defendant, at his 
19or her own expense, to pursue a course of study toward a high

20school diploma or passage of high school equivalency testing. 
21The Prisoner Review Board shall
revoke the mandatory 
22supervised release of a defendant who wilfully fails to
comply 
23with this subsection (j-5) upon his or her release from 
24confinement in a
penal institution while serving a mandatory 
25supervised release term; however,
the inability of the 
26defendant after making a good faith effort to obtain
financial 
 
 
HB1270- 343 -LRB103 04864 RLC 49874 b


1aid or pay for the educational training shall not be deemed a 
2wilful
failure to comply. The Prisoner Review Board shall 
3recommit the defendant
whose mandatory supervised release term 
4has been revoked under this subsection
(j-5) as provided in 
5Section 3-3-9. This subsection (j-5) does not apply to a

6defendant who has a high school diploma or has successfully 
7passed high school equivalency testing. This subsection (j-5) 
8does not apply to a defendant who is determined by
the court to 
9be a person with a developmental disability or otherwise 
10mentally incapable of
completing the educational or vocational 
11program.

12 (k) (Blank).

13 (l) (A) Except as provided
in paragraph (C) of subsection 
14(l), whenever a defendant,
who is not a citizen or national of 
15the United States, is convicted
of any felony or misdemeanor 
16offense, the court after sentencing the defendant
may, upon 
17motion of the State's Attorney, hold sentence in abeyance and 
18remand
the defendant to the custody of the Attorney General of

19the United States or his or her designated agent to be deported 
20when:

21  (1) a final order of deportation has been issued 
22 against the defendant
pursuant to proceedings under the 
23 Immigration and Nationality Act, and

24  (2) the deportation of the defendant would not 
25 deprecate the seriousness
of the defendant's conduct and 
26 would not be inconsistent with the ends of
justice.

 
 
HB1270- 344 -LRB103 04864 RLC 49874 b


1 Otherwise, the defendant shall be sentenced as provided in 
2this Chapter V.

3 (B) If the defendant has already been sentenced for a 
4felony or
misdemeanor
offense, or has been placed on probation 
5under Section 10 of the Cannabis
Control Act,
Section 410 of 
6the Illinois Controlled Substances Act, or Section 70 of the 
7Methamphetamine Control and Community Protection Act, the 
8court
may, upon motion of the State's Attorney to suspend the

9sentence imposed, commit the defendant to the custody of the 
10Attorney General
of the United States or his or her designated 
11agent when:

12  (1) a final order of deportation has been issued 
13 against the defendant
pursuant to proceedings under the 
14 Immigration and Nationality Act, and

15  (2) the deportation of the defendant would not 
16 deprecate the seriousness
of the defendant's conduct and 
17 would not be inconsistent with the ends of
justice.

18 (C) This subsection (l) does not apply to offenders who 
19are subject to the
provisions of paragraph (2) of subsection 
20(a) of Section 3-6-3.

21 (D) Upon motion of the State's Attorney, if a defendant 
22sentenced under
this Section returns to the jurisdiction of 
23the United States, the defendant
shall be recommitted to the 
24custody of the county from which he or she was
sentenced.

25Thereafter, the defendant shall be brought before the 
26sentencing court, which
may impose any sentence that was 
 
 
HB1270- 345 -LRB103 04864 RLC 49874 b


1available under Section 5-5-3 at the time of
initial 
2sentencing. In addition, the defendant shall not be eligible 
3for
additional earned sentence credit as provided under

4Section 3-6-3.

5 (m) A person convicted of criminal defacement of property 
6under Section
21-1.3 of the Criminal Code of 1961 or the 
7Criminal Code of 2012, in which the property damage exceeds 
8$300
and the property damaged is a school building, shall be 
9ordered to perform
community service that may include cleanup, 
10removal, or painting over the
defacement.

11 (n) The court may sentence a person convicted of a 
12violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
13subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
14of 1961 or the Criminal Code of 2012 (i) to an impact

15incarceration program if the person is otherwise eligible for 
16that program
under Section 5-8-1.1, (ii) to community service, 
17or (iii) if the person has a substance use disorder, as defined

18in the Substance Use Disorder Act, to a treatment program

19licensed under that Act.
20 (o) Whenever a person is convicted of a sex offense as 
21defined in Section 2 of the Sex Offender Registration Act, the 
22defendant's driver's license or permit shall be subject to 
23renewal on an annual basis in accordance with the provisions 
24of license renewal established by the Secretary of State.


25(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 
26102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
 
 
HB1270- 346 -LRB103 04864 RLC 49874 b


15-27-22.)


2 (730 ILCS 5/5-5-3.2)

 
3 (Text of Section before amendment by P.A. 102-982)
4 Sec. 5-5-3.2. Factors in aggravation and extended-term 
5sentencing. 

6 (a) The following factors shall be accorded weight in 
7favor of
imposing a term of imprisonment or may be considered 
8by the court as reasons
to impose a more severe sentence under 
9Section 5-8-1 or Article 4.5 of Chapter V:

10  (1) the defendant's conduct caused or threatened 
11 serious harm;

12  (2) the defendant received compensation for committing 
13 the offense;

14  (3) the defendant has a history of prior delinquency 
15 or criminal activity;

16  (4) the defendant, by the duties of his office or by 
17 his position,
was obliged to prevent the particular 
18 offense committed or to bring
the offenders committing it 
19 to justice;

20  (5) the defendant held public office at the time of 
21 the offense,
and the offense related to the conduct of 
22 that office;

23  (6) the defendant utilized his professional reputation 
24 or
position in the community to commit the offense, or to 
25 afford
him an easier means of committing it;

 
 
HB1270- 347 -LRB103 04864 RLC 49874 b


1  (7) the sentence is necessary to deter others from 
2 committing
the same crime;

3  (8) the defendant committed the offense against a 
4 person 60 years of age
or older or such person's property;

5  (9) the defendant committed the offense against a 
6 person who has a physical disability or such person's 
7 property;

8  (10) by reason of another individual's actual or 
9 perceived race, color,
creed, religion, ancestry, gender, 
10 sexual orientation, physical or mental
disability, or 
11 national origin, the defendant committed the offense 
12 against (i)
the person or property
of that individual; 
13 (ii) the person or property of a person who has an

14 association with, is married to, or has a friendship with 
15 the other individual;
or (iii) the person or property of a 
16 relative (by blood or marriage) of a
person described in 
17 clause (i) or (ii). For the purposes of this Section,

18 "sexual orientation" has the meaning ascribed to it in 
19 paragraph (O-1) of Section 1-103 of the Illinois Human 
20 Rights Act;

21  (11) the offense took place in a place of worship or on 
22 the
grounds of a place of worship, immediately prior to, 
23 during or immediately
following worship services. For 
24 purposes of this subparagraph, "place of
worship" shall 
25 mean any church, synagogue or other building, structure or

26 place used primarily for religious worship;

 
 
HB1270- 348 -LRB103 04864 RLC 49874 b


1  (12) the defendant was convicted of a felony committed 
2 while he was
on pretrial release or his own recognizance 
3 pending trial for a prior felony
and was convicted of such 
4 prior felony, or the defendant was convicted of a
felony 
5 committed while he was serving a period of probation,

6 conditional discharge, or mandatory supervised release 
7 under subsection (d)
of Section 5-8-1
for a prior felony;

8  (13) the defendant committed or attempted to commit a 
9 felony while he
was wearing a bulletproof vest. For the 
10 purposes of this paragraph (13), a
bulletproof vest is any 
11 device which is designed for the purpose of
protecting the 
12 wearer from bullets, shot or other lethal projectiles;

13  (14) the defendant held a position of trust or 
14 supervision such as, but
not limited to, family member as 
15 defined in Section 11-0.1 of the Criminal Code
of 2012, 
16 teacher, scout leader, baby sitter, or day care worker, in

17 relation to a victim under 18 years of age, and the 
18 defendant committed an
offense in violation of Section 
19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
20 11-14.4 except for an offense that involves keeping a 
21 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

22 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
23 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
24 of 2012
against
that victim;

25  (15) the defendant committed an offense related to the 
26 activities of an
organized gang. For the purposes of this 
 
 
HB1270- 349 -LRB103 04864 RLC 49874 b


1 factor, "organized gang" has the
meaning ascribed to it in 
2 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
3 Act;

4  (16) the defendant committed an offense in violation 
5 of one of the
following Sections while in a school, 
6 regardless of the time of day or time of
year; on any 
7 conveyance owned, leased, or contracted by a school to 
8 transport
students to or from school or a school related 
9 activity; on the real property
of a school; or on a public 
10 way within 1,000 feet of the real property
comprising any 
11 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
12 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
13 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
14 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
15 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
16 for subdivision (a)(4) or (g)(1), of the Criminal Code of

17 1961 or the Criminal Code of 2012;

18  (16.5) the defendant committed an offense in violation 
19 of one of the
following Sections while in a day care 
20 center, regardless of the time of day or
time of year; on 
21 the real property of a day care center, regardless of the 
22 time
of day or time of year; or on a public
way within 
23 1,000 feet of the real property comprising any day care 
24 center,
regardless of the time of day or time of year:

25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
 
 
HB1270- 350 -LRB103 04864 RLC 49874 b


1 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
2 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
3 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
4 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
5 Criminal Code of 2012;

6  (17) the defendant committed the offense by reason of 
7 any person's
activity as a community policing volunteer or 
8 to prevent any person from
engaging in activity as a 
9 community policing volunteer. For the purpose of
this 
10 Section, "community policing volunteer" has the meaning 
11 ascribed to it in
Section 2-3.5 of the Criminal Code of 
12 2012;

13  (18) the defendant committed the offense in a nursing 
14 home or on the
real
property comprising a nursing home. 
15 For the purposes of this paragraph (18),
"nursing home" 
16 means a skilled nursing
or intermediate long term care 
17 facility that is subject to license by the
Illinois 
18 Department of Public Health under the Nursing Home Care

19 Act, the Specialized Mental Health Rehabilitation Act of 
20 2013, the ID/DD Community Care Act, or the MC/DD Act;

21  (19) the defendant was a federally licensed firearm 
22 dealer
and
was
previously convicted of a violation of 
23 subsection (a) of Section 3 of the
Firearm Owners 
24 Identification Card Act before its repeal by this 
25 amendatory Act of the 103rd General Assembly and has now 
26 committed either a felony
violation
of the Firearm Owners 
 
 
HB1270- 351 -LRB103 04864 RLC 49874 b


1 Identification Card Act or an act of armed violence while

2 armed
with a firearm;
3  (20) the defendant (i) committed the offense of 
4 reckless homicide under Section 9-3 of the Criminal Code 
5 of 1961 or the Criminal Code of 2012 or the offense of 
6 driving under the influence of alcohol, other drug or

7 drugs, intoxicating compound or compounds or any 
8 combination thereof under Section 11-501 of the Illinois 
9 Vehicle Code or a similar provision of a local ordinance 
10 and (ii) was operating a motor vehicle in excess of 20 
11 miles per hour over the posted speed limit as provided in 
12 Article VI of Chapter 11 of the Illinois Vehicle Code;


13  (21) the defendant (i) committed the offense of 
14 reckless driving or aggravated reckless driving under 
15 Section 11-503 of the Illinois Vehicle Code and (ii) was 
16 operating a motor vehicle in excess of 20 miles per hour 
17 over the posted speed limit as provided in Article VI of 
18 Chapter 11 of the Illinois Vehicle Code;
19  (22) the defendant committed the offense against a 
20 person that the defendant knew, or reasonably should have 
21 known, was a member of the Armed Forces of the United 
22 States serving on active duty. For purposes of this clause 
23 (22), the term "Armed Forces" means any of the Armed 
24 Forces of the United States, including a member of any 
25 reserve component thereof or National Guard unit called to 
26 active duty;

 
 
HB1270- 352 -LRB103 04864 RLC 49874 b


1  (23)
the defendant committed the offense against a 
2 person who was elderly or infirm or who was a person with a 
3 disability by taking advantage of a family or fiduciary 
4 relationship with the elderly or infirm person or person 
5 with a disability;

6  (24)
the defendant committed any offense under Section 
7 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
8 of 2012 and possessed 100 or more images;

9  (25) the defendant committed the offense while the 
10 defendant or the victim was in a train, bus, or other 
11 vehicle used for public transportation;
12  (26) the defendant committed the offense of child 
13 pornography or aggravated child pornography, specifically 
14 including paragraph (1), (2), (3), (4), (5), or (7) of 
15 subsection (a) of Section 11-20.1 of the Criminal Code of 
16 1961 or the Criminal Code of 2012 where a child engaged in, 
17 solicited for, depicted in, or posed in any act of sexual 
18 penetration or bound, fettered, or subject to sadistic, 
19 masochistic, or sadomasochistic abuse in a sexual context 
20 and specifically including paragraph (1), (2), (3), (4), 
21 (5), or (7) of subsection (a) of Section 11-20.1B or 
22 Section 11-20.3 of the Criminal Code of 1961 where a child 
23 engaged in, solicited for, depicted in, or posed in any 
24 act of sexual penetration or bound, fettered, or subject 
25 to sadistic, masochistic, or sadomasochistic abuse in a 
26 sexual context;
 
 
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1  (27) the defendant committed the offense of first 
2 degree murder, assault, aggravated assault, battery, 
3 aggravated battery, robbery, armed robbery, or aggravated 
4 robbery against a person who was a veteran and the 
5 defendant knew, or reasonably should have known, that the 
6 person was a veteran performing duties as a representative 
7 of a veterans' organization. For the purposes of this 
8 paragraph (27), "veteran" means an Illinois resident who 
9 has served as a member of the United States Armed Forces, a 
10 member of the Illinois National Guard, or a member of the 
11 United States Reserve Forces; and "veterans' organization" 
12 means an organization comprised of members of
which 
13 substantially all are individuals who are veterans or 
14 spouses,
widows, or widowers of veterans, the primary 
15 purpose of which is to
promote the welfare of its members 
16 and to provide assistance to the general
public in such a 
17 way as to confer a public benefit; 
18  (28) the defendant committed the offense of assault, 
19 aggravated assault, battery, aggravated battery, robbery, 
20 armed robbery, or aggravated robbery against a person that 
21 the defendant knew or reasonably should have known was a 
22 letter carrier or postal worker while that person was 
23 performing his or her duties delivering mail for the 
24 United States Postal Service;
25  (29) the defendant committed the offense of criminal 
26 sexual assault, aggravated criminal sexual assault, 
 
 
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1 criminal sexual abuse, or aggravated criminal sexual abuse 
2 against a victim with an intellectual disability, and the 
3 defendant holds a position of trust, authority, or 
4 supervision in relation to the victim;
5  (30) the defendant committed the offense of promoting 
6 juvenile prostitution, patronizing a prostitute, or 
7 patronizing a minor engaged in prostitution and at the 
8 time of the commission of the offense knew that the 
9 prostitute or minor engaged in prostitution was in the 
10 custody or guardianship of the Department of Children and 
11 Family Services;
12  (31) the defendant (i) committed the offense of 
13 driving while under the influence of alcohol, other drug 
14 or drugs, intoxicating compound or compounds or any 
15 combination thereof in violation of Section 11-501 of the 
16 Illinois Vehicle Code or a similar provision of a local 
17 ordinance and (ii) the defendant during the commission of 
18 the offense was driving his or her vehicle upon a roadway 
19 designated for one-way traffic in the opposite direction 
20 of the direction indicated by official traffic control 
21 devices; 
22  (32) the defendant committed the offense of reckless 
23 homicide while committing a violation of Section 11-907 of 
24 the Illinois Vehicle Code; 
25  (33) the defendant was found guilty of an 
26 administrative infraction related to an act or acts of 
 
 
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1 public indecency or sexual misconduct in the penal 
2 institution. In this paragraph (33), "penal institution" 
3 has the same meaning as in Section 2-14 of the Criminal 
4 Code of 2012; or
5  (34) the defendant committed the offense of leaving 
6 the scene of an accident in violation of subsection (b) of 
7 Section 11-401 of the Illinois Vehicle Code and the 
8 accident resulted in the death of a person and at the time 
9 of the offense, the defendant was: (i) driving under the 
10 influence of alcohol, other drug or drugs, intoxicating 
11 compound or compounds or any combination thereof as 
12 defined by Section 11-501 of the Illinois Vehicle Code; or 
13 (ii) operating the motor vehicle while using an electronic 
14 communication device as defined in Section 12-610.2 of the 
15 Illinois Vehicle Code. 
16 For the purposes of this Section:

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

19 "Day care center" means a public or private State 
20certified and
licensed day care center as defined in Section 
212.09 of the Child Care Act of
1969 that displays a sign in 
22plain view stating that the
property is a day care center.

23 "Intellectual disability" means significantly subaverage 
24intellectual functioning which exists concurrently
with 
25impairment in adaptive behavior. 
26 "Public transportation" means the transportation
or 
 
 
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1conveyance of persons by means available to the general 
2public, and includes paratransit services.
3 "Traffic control devices" means all signs, signals, 
4markings, and devices that conform to the Illinois Manual on 
5Uniform Traffic Control Devices, placed or erected by 
6authority of a public body or official having jurisdiction, 
7for the purpose of regulating, warning, or guiding traffic. 
8 (b) The following factors, related to all felonies, may be 
9considered by the court as
reasons to impose an extended term 
10sentence under Section 5-8-2
upon any offender:

11  (1) When a defendant is convicted of any felony, after 
12 having
been previously convicted in Illinois or any other 
13 jurisdiction of the
same or similar class felony or 
14 greater class felony, when such conviction
has occurred 
15 within 10 years after the
previous conviction, excluding 
16 time spent in custody, and such charges are
separately 
17 brought and tried and arise out of different series of 
18 acts; or

19  (2) When a defendant is convicted of any felony and 
20 the court
finds that the offense was accompanied by 
21 exceptionally brutal
or heinous behavior indicative of 
22 wanton cruelty; or

23  (3) When a defendant is convicted of any felony 
24 committed against:

25   (i) a person under 12 years of age at the time of 
26 the offense or such
person's property;

 
 
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1   (ii) a person 60 years of age or older at the time 
2 of the offense or
such person's property; or

3   (iii) a person who had a physical disability at 
4 the time of the offense or
such person's property; or

5  (4) When a defendant is convicted of any felony and 
6 the offense
involved any of the following types of 
7 specific misconduct committed as
part of a ceremony, rite, 
8 initiation, observance, performance, practice or
activity 
9 of any actual or ostensible religious, fraternal, or 
10 social group:

11   (i) the brutalizing or torturing of humans or 
12 animals;

13   (ii) the theft of human corpses;

14   (iii) the kidnapping of humans;

15   (iv) the desecration of any cemetery, religious, 
16 fraternal, business,
governmental, educational, or 
17 other building or property; or

18   (v) ritualized abuse of a child; or

19  (5) When a defendant is convicted of a felony other 
20 than conspiracy and
the court finds that
the felony was 
21 committed under an agreement with 2 or more other persons

22 to commit that offense and the defendant, with respect to 
23 the other
individuals, occupied a position of organizer, 
24 supervisor, financier, or any
other position of management 
25 or leadership, and the court further finds that
the felony 
26 committed was related to or in furtherance of the criminal

 
 
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1 activities of an organized gang or was motivated by the 
2 defendant's leadership
in an organized gang; or

3  (6) When a defendant is convicted of an offense 
4 committed while using a firearm with a
laser sight 
5 attached to it. For purposes of this paragraph, "laser 
6 sight"
has the meaning ascribed to it in Section 26-7 of 
7 the Criminal Code of
2012; or

8  (7) When a defendant who was at least 17 years of age 
9 at the
time of
the commission of the offense is convicted 
10 of a felony and has been previously
adjudicated a 
11 delinquent minor under the Juvenile Court Act of 1987 for 
12 an act
that if committed by an adult would be a Class X or 
13 Class 1 felony when the
conviction has occurred within 10 
14 years after the previous adjudication,
excluding time 
15 spent in custody; or

16  (8) When a defendant commits any felony and the 
17 defendant used, possessed, exercised control over, or 
18 otherwise directed an animal to assault a law enforcement 
19 officer engaged in the execution of his or her official 
20 duties or in furtherance of the criminal activities of an 
21 organized gang in which the defendant is engaged; or


22  (9) When a defendant commits any felony and the 
23 defendant knowingly video or audio records the offense 
24 with the intent to disseminate the recording. 
25 (c) The following factors may be considered by the court 
26as reasons to impose an extended term sentence under Section 
 
 
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15-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
2offenses:
3  (1) When a defendant is convicted of first degree 
4 murder, after having been previously convicted in Illinois 
5 of any offense listed under paragraph (c)(2) of Section 
6 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
7 occurred within 10 years after the previous conviction, 
8 excluding time spent in custody, and the charges are 
9 separately brought and tried and arise out of different 
10 series of acts.
11  (1.5) When a defendant is convicted of first degree 
12 murder, after having been previously convicted of domestic 
13 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
14 (720 ILCS 5/12-3.3) committed on the same victim or after 
15 having been previously convicted of violation of an order 
16 of protection (720 ILCS 5/12-30) in which the same victim 
17 was the protected person. 
18  (2) When a defendant is convicted of voluntary 
19 manslaughter, second degree murder, involuntary 
20 manslaughter, or reckless homicide in which the defendant 
21 has been convicted of causing the death of more than one 
22 individual.
23  (3) When a defendant is convicted of aggravated 
24 criminal sexual assault or criminal sexual assault, when 
25 there is a finding that aggravated criminal sexual assault 
26 or criminal sexual assault was also committed on the same 
 
 
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1 victim by one or more other individuals, and the defendant 
2 voluntarily participated in the crime with the knowledge 
3 of the participation of the others in the crime, and the 
4 commission of the crime was part of a single course of 
5 conduct during which there was no substantial change in 
6 the nature of the criminal objective.
7  (4) If the victim was under 18 years of age at the time 
8 of the commission of the offense, when a defendant is 
9 convicted of aggravated criminal sexual assault or 
10 predatory criminal sexual assault of a child under 
11 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
12 of Section 12-14.1 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
14  (5) When a defendant is convicted of a felony 
15 violation of Section 24-1 of the Criminal Code of 1961 or 
16 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
17 finding that the defendant is a member of an organized 
18 gang.
19  (6) When a defendant was convicted of unlawful use of 
20 weapons under Section 24-1 of the Criminal Code of 1961 or 
21 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
22 a weapon that is not readily distinguishable as one of the 
23 weapons enumerated in Section 24-1 of the Criminal Code of 
24 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
25  (7) When a defendant is convicted of an offense 
26 involving the illegal manufacture of a controlled 
 
 
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1 substance under Section 401 of the Illinois Controlled 
2 Substances Act (720 ILCS 570/401), the illegal manufacture 
3 of methamphetamine under Section 25 of the Methamphetamine 
4 Control and Community Protection Act (720 ILCS 646/25), or 
5 the illegal possession of explosives and an emergency 
6 response officer in the performance of his or her duties 
7 is killed or injured at the scene of the offense while 
8 responding to the emergency caused by the commission of 
9 the offense. In this paragraph, "emergency" means a 
10 situation in which a person's life, health, or safety is 
11 in jeopardy; and "emergency response officer" means a 
12 peace officer, community policing volunteer, fireman, 
13 emergency medical technician-ambulance, emergency medical 
14 technician-intermediate, emergency medical 
15 technician-paramedic, ambulance driver, other medical 
16 assistance or first aid personnel, or hospital emergency 
17 room personnel.

18  (8) When the defendant is convicted of attempted mob 
19 action, solicitation to commit mob action, or conspiracy 
20 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
21 Criminal Code of 2012, where the criminal object is a 
22 violation of Section 25-1 of the Criminal Code of 2012, 
23 and an electronic communication is used in the commission 
24 of the offense. For the purposes of this paragraph (8), 
25 "electronic communication" shall have the meaning provided 
26 in Section 26.5-0.1 of the Criminal Code of 2012. 
 
 
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1 (d) For the purposes of this Section, "organized gang" has 
2the meaning
ascribed to it in Section 10 of the Illinois 
3Streetgang Terrorism Omnibus
Prevention Act.

4 (e) The court may impose an extended term sentence under 
5Article 4.5 of Chapter V upon an offender who has been 
6convicted of a felony violation of Section 11-1.20, 11-1.30, 
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
9when the victim of the offense is under 18 years of age at the 
10time of the commission of the offense and, during the 
11commission of the offense, the victim was under the influence 
12of alcohol, regardless of whether or not the alcohol was 
13supplied by the offender; and the offender, at the time of the 
14commission of the offense, knew or should have known that the 
15victim had consumed alcohol. 
16(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
17101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
188-20-21.)

19 (Text of Section after amendment by P.A. 102-982)
20 Sec. 5-5-3.2. Factors in aggravation and extended-term 
21sentencing. 

22 (a) The following factors shall be accorded weight in 
23favor of
imposing a term of imprisonment or may be considered 
24by the court as reasons
to impose a more severe sentence under 
25Section 5-8-1 or Article 4.5 of Chapter V:

 
 
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1  (1) the defendant's conduct caused or threatened 
2 serious harm;

3  (2) the defendant received compensation for committing 
4 the offense;

5  (3) the defendant has a history of prior delinquency 
6 or criminal activity;

7  (4) the defendant, by the duties of his office or by 
8 his position,
was obliged to prevent the particular 
9 offense committed or to bring
the offenders committing it 
10 to justice;

11  (5) the defendant held public office at the time of 
12 the offense,
and the offense related to the conduct of 
13 that office;

14  (6) the defendant utilized his professional reputation 
15 or
position in the community to commit the offense, or to 
16 afford
him an easier means of committing it;

17  (7) the sentence is necessary to deter others from 
18 committing
the same crime;

19  (8) the defendant committed the offense against a 
20 person 60 years of age
or older or such person's property;

21  (9) the defendant committed the offense against a 
22 person who has a physical disability or such person's 
23 property;

24  (10) by reason of another individual's actual or 
25 perceived race, color,
creed, religion, ancestry, gender, 
26 sexual orientation, physical or mental
disability, or 
 
 
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1 national origin, the defendant committed the offense 
2 against (i)
the person or property
of that individual; 
3 (ii) the person or property of a person who has an

4 association with, is married to, or has a friendship with 
5 the other individual;
or (iii) the person or property of a 
6 relative (by blood or marriage) of a
person described in 
7 clause (i) or (ii). For the purposes of this Section,

8 "sexual orientation" has the meaning ascribed to it in 
9 paragraph (O-1) of Section 1-103 of the Illinois Human 
10 Rights Act;

11  (11) the offense took place in a place of worship or on 
12 the
grounds of a place of worship, immediately prior to, 
13 during or immediately
following worship services. For 
14 purposes of this subparagraph, "place of
worship" shall 
15 mean any church, synagogue or other building, structure or

16 place used primarily for religious worship;

17  (12) the defendant was convicted of a felony committed 
18 while he was
on pretrial release or his own recognizance 
19 pending trial for a prior felony
and was convicted of such 
20 prior felony, or the defendant was convicted of a
felony 
21 committed while he was serving a period of probation,

22 conditional discharge, or mandatory supervised release 
23 under subsection (d)
of Section 5-8-1
for a prior felony;

24  (13) the defendant committed or attempted to commit a 
25 felony while he
was wearing a bulletproof vest. For the 
26 purposes of this paragraph (13), a
bulletproof vest is any 
 
 
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1 device which is designed for the purpose of
protecting the 
2 wearer from bullets, shot or other lethal projectiles;

3  (14) the defendant held a position of trust or 
4 supervision such as, but
not limited to, family member as 
5 defined in Section 11-0.1 of the Criminal Code
of 2012, 
6 teacher, scout leader, baby sitter, or day care worker, in

7 relation to a victim under 18 years of age, and the 
8 defendant committed an
offense in violation of Section 
9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
10 11-14.4 except for an offense that involves keeping a 
11 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

12 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
13 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
14 of 2012
against
that victim;

15  (15) the defendant committed an offense related to the 
16 activities of an
organized gang. For the purposes of this 
17 factor, "organized gang" has the
meaning ascribed to it in 
18 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
19 Act;

20  (16) the defendant committed an offense in violation 
21 of one of the
following Sections while in a school, 
22 regardless of the time of day or time of
year; on any 
23 conveyance owned, leased, or contracted by a school to 
24 transport
students to or from school or a school related 
25 activity; on the real property
of a school; or on a public 
26 way within 1,000 feet of the real property
comprising any 
 
 
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1 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
2 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
3 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
4 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 
5 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
6 for subdivision (a)(4) or (g)(1), of the Criminal Code of

7 1961 or the Criminal Code of 2012;

8  (16.5) the defendant committed an offense in violation 
9 of one of the
following Sections while in a day care 
10 center, regardless of the time of day or
time of year; on 
11 the real property of a day care center, regardless of the 
12 time
of day or time of year; or on a public
way within 
13 1,000 feet of the real property comprising any day care 
14 center,
regardless of the time of day or time of year:

15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
17 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
18 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
19 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
20 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
21 Criminal Code of 2012;

22  (17) the defendant committed the offense by reason of 
23 any person's
activity as a community policing volunteer or 
24 to prevent any person from
engaging in activity as a 
25 community policing volunteer. For the purpose of
this 
26 Section, "community policing volunteer" has the meaning 
 
 
HB1270- 367 -LRB103 04864 RLC 49874 b


1 ascribed to it in
Section 2-3.5 of the Criminal Code of 
2 2012;

3  (18) the defendant committed the offense in a nursing 
4 home or on the
real
property comprising a nursing home. 
5 For the purposes of this paragraph (18),
"nursing home" 
6 means a skilled nursing
or intermediate long term care 
7 facility that is subject to license by the
Illinois 
8 Department of Public Health under the Nursing Home Care

9 Act, the Specialized Mental Health Rehabilitation Act of 
10 2013, the ID/DD Community Care Act, or the MC/DD Act;

11  (19) the defendant was a federally licensed firearm 
12 dealer
and
was
previously convicted of a violation of 
13 subsection (a) of Section 3 of the
Firearm Owners 
14 Identification Card Act before its repeal by this 
15 amendatory Act of the 103rd General Assembly and has now 
16 committed either a felony
violation
of the Firearm Owners 
17 Identification Card Act or an act of armed violence while

18 armed
with a firearm;
19  (20) the defendant (i) committed the offense of 
20 reckless homicide under Section 9-3 of the Criminal Code 
21 of 1961 or the Criminal Code of 2012 or the offense of 
22 driving under the influence of alcohol, other drug or

23 drugs, intoxicating compound or compounds or any 
24 combination thereof under Section 11-501 of the Illinois 
25 Vehicle Code or a similar provision of a local ordinance 
26 and (ii) was operating a motor vehicle in excess of 20 
 
 
HB1270- 368 -LRB103 04864 RLC 49874 b


1 miles per hour over the posted speed limit as provided in 
2 Article VI of Chapter 11 of the Illinois Vehicle Code;


3  (21) the defendant (i) committed the offense of 
4 reckless driving or aggravated reckless driving under 
5 Section 11-503 of the Illinois Vehicle Code and (ii) was 
6 operating a motor vehicle in excess of 20 miles per hour 
7 over the posted speed limit as provided in Article VI of 
8 Chapter 11 of the Illinois Vehicle Code;
9  (22) the defendant committed the offense against a 
10 person that the defendant knew, or reasonably should have 
11 known, was a member of the Armed Forces of the United 
12 States serving on active duty. For purposes of this clause 
13 (22), the term "Armed Forces" means any of the Armed 
14 Forces of the United States, including a member of any 
15 reserve component thereof or National Guard unit called to 
16 active duty;

17  (23)
the defendant committed the offense against a 
18 person who was elderly or infirm or who was a person with a 
19 disability by taking advantage of a family or fiduciary 
20 relationship with the elderly or infirm person or person 
21 with a disability;

22  (24)
the defendant committed any offense under Section 
23 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
24 of 2012 and possessed 100 or more images;

25  (25) the defendant committed the offense while the 
26 defendant or the victim was in a train, bus, or other 
 
 
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1 vehicle used for public transportation;
2  (26) the defendant committed the offense of child 
3 pornography or aggravated child pornography, specifically 
4 including paragraph (1), (2), (3), (4), (5), or (7) of 
5 subsection (a) of Section 11-20.1 of the Criminal Code of 
6 1961 or the Criminal Code of 2012 where a child engaged in, 
7 solicited for, depicted in, or posed in any act of sexual 
8 penetration or bound, fettered, or subject to sadistic, 
9 masochistic, or sadomasochistic abuse in a sexual context 
10 and specifically including paragraph (1), (2), (3), (4), 
11 (5), or (7) of subsection (a) of Section 11-20.1B or 
12 Section 11-20.3 of the Criminal Code of 1961 where a child 
13 engaged in, solicited for, depicted in, or posed in any 
14 act of sexual penetration or bound, fettered, or subject 
15 to sadistic, masochistic, or sadomasochistic abuse in a 
16 sexual context;
17  (27) the defendant committed the offense of first 
18 degree murder, assault, aggravated assault, battery, 
19 aggravated battery, robbery, armed robbery, or aggravated 
20 robbery against a person who was a veteran and the 
21 defendant knew, or reasonably should have known, that the 
22 person was a veteran performing duties as a representative 
23 of a veterans' organization. For the purposes of this 
24 paragraph (27), "veteran" means an Illinois resident who 
25 has served as a member of the United States Armed Forces, a 
26 member of the Illinois National Guard, or a member of the 
 
 
HB1270- 370 -LRB103 04864 RLC 49874 b


1 United States Reserve Forces; and "veterans' organization" 
2 means an organization comprised of members of
which 
3 substantially all are individuals who are veterans or 
4 spouses,
widows, or widowers of veterans, the primary 
5 purpose of which is to
promote the welfare of its members 
6 and to provide assistance to the general
public in such a 
7 way as to confer a public benefit; 
8  (28) the defendant committed the offense of assault, 
9 aggravated assault, battery, aggravated battery, robbery, 
10 armed robbery, or aggravated robbery against a person that 
11 the defendant knew or reasonably should have known was a 
12 letter carrier or postal worker while that person was 
13 performing his or her duties delivering mail for the 
14 United States Postal Service;
15  (29) the defendant committed the offense of criminal 
16 sexual assault, aggravated criminal sexual assault, 
17 criminal sexual abuse, or aggravated criminal sexual abuse 
18 against a victim with an intellectual disability, and the 
19 defendant holds a position of trust, authority, or 
20 supervision in relation to the victim;
21  (30) the defendant committed the offense of promoting 
22 juvenile prostitution, patronizing a prostitute, or 
23 patronizing a minor engaged in prostitution and at the 
24 time of the commission of the offense knew that the 
25 prostitute or minor engaged in prostitution was in the 
26 custody or guardianship of the Department of Children and 
 
 
HB1270- 371 -LRB103 04864 RLC 49874 b


1 Family Services;
2  (31) the defendant (i) committed the offense of 
3 driving while under the influence of alcohol, other drug 
4 or drugs, intoxicating compound or compounds or any 
5 combination thereof in violation of Section 11-501 of the 
6 Illinois Vehicle Code or a similar provision of a local 
7 ordinance and (ii) the defendant during the commission of 
8 the offense was driving his or her vehicle upon a roadway 
9 designated for one-way traffic in the opposite direction 
10 of the direction indicated by official traffic control 
11 devices; 
12  (32) the defendant committed the offense of reckless 
13 homicide while committing a violation of Section 11-907 of 
14 the Illinois Vehicle Code; 
15  (33) the defendant was found guilty of an 
16 administrative infraction related to an act or acts of 
17 public indecency or sexual misconduct in the penal 
18 institution. In this paragraph (33), "penal institution" 
19 has the same meaning as in Section 2-14 of the Criminal 
20 Code of 2012; or
21  (34) the defendant committed the offense of leaving 
22 the scene of a crash in violation of subsection (b) of 
23 Section 11-401 of the Illinois Vehicle Code and the crash 
24 resulted in the death of a person and at the time of the 
25 offense, the defendant was: (i) driving under the 
26 influence of alcohol, other drug or drugs, intoxicating 
 
 
HB1270- 372 -LRB103 04864 RLC 49874 b


1 compound or compounds or any combination thereof as 
2 defined by Section 11-501 of the Illinois Vehicle Code; or 
3 (ii) operating the motor vehicle while using an electronic 
4 communication device as defined in Section 12-610.2 of the 
5 Illinois Vehicle Code. 
6 For the purposes of this Section:

7 "School" is defined as a public or private
elementary or 
8secondary school, community college, college, or university.

9 "Day care center" means a public or private State 
10certified and
licensed day care center as defined in Section 
112.09 of the Child Care Act of
1969 that displays a sign in 
12plain view stating that the
property is a day care center.

13 "Intellectual disability" means significantly subaverage 
14intellectual functioning which exists concurrently
with 
15impairment in adaptive behavior. 
16 "Public transportation" means the transportation
or 
17conveyance of persons by means available to the general 
18public, and includes paratransit services.
19 "Traffic control devices" means all signs, signals, 
20markings, and devices that conform to the Illinois Manual on 
21Uniform Traffic Control Devices, placed or erected by 
22authority of a public body or official having jurisdiction, 
23for the purpose of regulating, warning, or guiding traffic. 
24 (b) The following factors, related to all felonies, may be 
25considered by the court as
reasons to impose an extended term 
26sentence under Section 5-8-2
upon any offender:

 
 
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1  (1) When a defendant is convicted of any felony, after 
2 having
been previously convicted in Illinois or any other 
3 jurisdiction of the
same or similar class felony or 
4 greater class felony, when such conviction
has occurred 
5 within 10 years after the
previous conviction, excluding 
6 time spent in custody, and such charges are
separately 
7 brought and tried and arise out of different series of 
8 acts; or

9  (2) When a defendant is convicted of any felony and 
10 the court
finds that the offense was accompanied by 
11 exceptionally brutal
or heinous behavior indicative of 
12 wanton cruelty; or

13  (3) When a defendant is convicted of any felony 
14 committed against:

15   (i) a person under 12 years of age at the time of 
16 the offense or such
person's property;

17   (ii) a person 60 years of age or older at the time 
18 of the offense or
such person's property; or

19   (iii) a person who had a physical disability at 
20 the time of the offense or
such person's property; or

21  (4) When a defendant is convicted of any felony and 
22 the offense
involved any of the following types of 
23 specific misconduct committed as
part of a ceremony, rite, 
24 initiation, observance, performance, practice or
activity 
25 of any actual or ostensible religious, fraternal, or 
26 social group:

 
 
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1   (i) the brutalizing or torturing of humans or 
2 animals;

3   (ii) the theft of human corpses;

4   (iii) the kidnapping of humans;

5   (iv) the desecration of any cemetery, religious, 
6 fraternal, business,
governmental, educational, or 
7 other building or property; or

8   (v) ritualized abuse of a child; or

9  (5) When a defendant is convicted of a felony other 
10 than conspiracy and
the court finds that
the felony was 
11 committed under an agreement with 2 or more other persons

12 to commit that offense and the defendant, with respect to 
13 the other
individuals, occupied a position of organizer, 
14 supervisor, financier, or any
other position of management 
15 or leadership, and the court further finds that
the felony 
16 committed was related to or in furtherance of the criminal

17 activities of an organized gang or was motivated by the 
18 defendant's leadership
in an organized gang; or

19  (6) When a defendant is convicted of an offense 
20 committed while using a firearm with a
laser sight 
21 attached to it. For purposes of this paragraph, "laser 
22 sight"
has the meaning ascribed to it in Section 26-7 of 
23 the Criminal Code of
2012; or

24  (7) When a defendant who was at least 17 years of age 
25 at the
time of
the commission of the offense is convicted 
26 of a felony and has been previously
adjudicated a 
 
 
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1 delinquent minor under the Juvenile Court Act of 1987 for 
2 an act
that if committed by an adult would be a Class X or 
3 Class 1 felony when the
conviction has occurred within 10 
4 years after the previous adjudication,
excluding time 
5 spent in custody; or

6  (8) When a defendant commits any felony and the 
7 defendant used, possessed, exercised control over, or 
8 otherwise directed an animal to assault a law enforcement 
9 officer engaged in the execution of his or her official 
10 duties or in furtherance of the criminal activities of an 
11 organized gang in which the defendant is engaged; or


12  (9) When a defendant commits any felony and the 
13 defendant knowingly video or audio records the offense 
14 with the intent to disseminate the recording. 
15 (c) The following factors may be considered by the court 
16as reasons to impose an extended term sentence under Section 
175-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
18offenses:
19  (1) When a defendant is convicted of first degree 
20 murder, after having been previously convicted in Illinois 
21 of any offense listed under paragraph (c)(2) of Section 
22 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
23 occurred within 10 years after the previous conviction, 
24 excluding time spent in custody, and the charges are 
25 separately brought and tried and arise out of different 
26 series of acts.
 
 
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1  (1.5) When a defendant is convicted of first degree 
2 murder, after having been previously convicted of domestic 
3 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
4 (720 ILCS 5/12-3.3) committed on the same victim or after 
5 having been previously convicted of violation of an order 
6 of protection (720 ILCS 5/12-30) in which the same victim 
7 was the protected person. 
8  (2) When a defendant is convicted of voluntary 
9 manslaughter, second degree murder, involuntary 
10 manslaughter, or reckless homicide in which the defendant 
11 has been convicted of causing the death of more than one 
12 individual.
13  (3) When a defendant is convicted of aggravated 
14 criminal sexual assault or criminal sexual assault, when 
15 there is a finding that aggravated criminal sexual assault 
16 or criminal sexual assault was also committed on the same 
17 victim by one or more other individuals, and the defendant 
18 voluntarily participated in the crime with the knowledge 
19 of the participation of the others in the crime, and the 
20 commission of the crime was part of a single course of 
21 conduct during which there was no substantial change in 
22 the nature of the criminal objective.
23  (4) If the victim was under 18 years of age at the time 
24 of the commission of the offense, when a defendant is 
25 convicted of aggravated criminal sexual assault or 
26 predatory criminal sexual assault of a child under 
 
 
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1 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
2 of Section 12-14.1 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
4  (5) When a defendant is convicted of a felony 
5 violation of Section 24-1 of the Criminal Code of 1961 or 
6 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
7 finding that the defendant is a member of an organized 
8 gang.
9  (6) When a defendant was convicted of unlawful use of 
10 weapons under Section 24-1 of the Criminal Code of 1961 or 
11 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
12 a weapon that is not readily distinguishable as one of the 
13 weapons enumerated in Section 24-1 of the Criminal Code of 
14 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
15  (7) When a defendant is convicted of an offense 
16 involving the illegal manufacture of a controlled 
17 substance under Section 401 of the Illinois Controlled 
18 Substances Act (720 ILCS 570/401), the illegal manufacture 
19 of methamphetamine under Section 25 of the Methamphetamine 
20 Control and Community Protection Act (720 ILCS 646/25), or 
21 the illegal possession of explosives and an emergency 
22 response officer in the performance of his or her duties 
23 is killed or injured at the scene of the offense while 
24 responding to the emergency caused by the commission of 
25 the offense. In this paragraph, "emergency" means a 
26 situation in which a person's life, health, or safety is 
 
 
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1 in jeopardy; and "emergency response officer" means a 
2 peace officer, community policing volunteer, fireman, 
3 emergency medical technician-ambulance, emergency medical 
4 technician-intermediate, emergency medical 
5 technician-paramedic, ambulance driver, other medical 
6 assistance or first aid personnel, or hospital emergency 
7 room personnel.

8  (8) When the defendant is convicted of attempted mob 
9 action, solicitation to commit mob action, or conspiracy 
10 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
11 Criminal Code of 2012, where the criminal object is a 
12 violation of Section 25-1 of the Criminal Code of 2012, 
13 and an electronic communication is used in the commission 
14 of the offense. For the purposes of this paragraph (8), 
15 "electronic communication" shall have the meaning provided 
16 in Section 26.5-0.1 of the Criminal Code of 2012. 
17 (d) For the purposes of this Section, "organized gang" has 
18the meaning
ascribed to it in Section 10 of the Illinois 
19Streetgang Terrorism Omnibus
Prevention Act.

20 (e) The court may impose an extended term sentence under 
21Article 4.5 of Chapter V upon an offender who has been 
22convicted of a felony violation of Section 11-1.20, 11-1.30, 
2311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
2412-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
25when the victim of the offense is under 18 years of age at the 
26time of the commission of the offense and, during the 
 
 
HB1270- 379 -LRB103 04864 RLC 49874 b


1commission of the offense, the victim was under the influence 
2of alcohol, regardless of whether or not the alcohol was 
3supplied by the offender; and the offender, at the time of the 
4commission of the offense, knew or should have known that the 
5victim had consumed alcohol. 
6(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
7101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
88-20-21; 102-982, eff. 7-1-23.)

9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10 Sec. 5-6-3. Conditions of probation and of conditional 
11discharge.

12 (a) The conditions of probation and of conditional 
13discharge shall be
that the person:


14  (1) not violate any criminal statute of any 
15 jurisdiction;


16  (2) report to or appear in person before such person 
17 or agency as
directed by the court;


18  (3) refrain from possessing a firearm or other 
19 dangerous weapon where the offense is a felony or, if a 
20 misdemeanor, the offense involved the intentional or 
21 knowing infliction of bodily harm or threat of bodily 
22 harm;


23  (4) not leave the State without the consent of the 
24 court or, in
circumstances in which the reason for the 
25 absence is of such an emergency
nature that prior consent 
 
 
HB1270- 380 -LRB103 04864 RLC 49874 b


1 by the court is not possible, without the prior

2 notification and approval of the person's probation

3 officer. Transfer of a person's probation or conditional 
4 discharge
supervision to another state is subject to 
5 acceptance by the other state
pursuant to the Interstate 
6 Compact for Adult Offender Supervision;


7  (5) permit the probation officer to visit
him at his 
8 home or elsewhere
to the extent necessary to discharge his 
9 duties;


10  (6) perform no less than 30 hours of community service 
11 and not more than
120 hours of community service, if 
12 community service is available in the
jurisdiction and is 
13 funded and approved by the county board where the offense

14 was committed, where the offense was related to or in 
15 furtherance of the
criminal activities of an organized 
16 gang and was motivated by the offender's
membership in or 
17 allegiance to an organized gang. The community service 
18 shall
include, but not be limited to, the cleanup and 
19 repair of any damage caused by
a violation of Section 
20 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
21 2012 and similar damage
to property located within the 
22 municipality or county in which the violation
occurred. 
23 When possible and reasonable, the community service should 
24 be
performed in the offender's neighborhood. For purposes 
25 of this Section,
"organized gang" has the meaning ascribed 
26 to it in Section 10 of the Illinois
Streetgang Terrorism 
 
 
HB1270- 381 -LRB103 04864 RLC 49874 b


1 Omnibus Prevention Act. The court may give credit toward 
2 the fulfillment of community service hours for 
3 participation in activities and treatment as determined by 
4 court services;


5  (7) if he or she is at least 17 years of age and has 
6 been sentenced to
probation or conditional discharge for a 
7 misdemeanor or felony in a county of
3,000,000 or more 
8 inhabitants and has not been previously convicted of a

9 misdemeanor or felony, may be required by the sentencing 
10 court to attend
educational courses designed to prepare 
11 the defendant for a high school diploma
and to work toward 
12 a high school diploma or to work toward passing high 
13 school equivalency testing or to work toward
completing a 
14 vocational training program approved by the court. The 
15 person on
probation or conditional discharge must attend a 
16 public institution of
education to obtain the educational 
17 or vocational training required by this paragraph
(7). The 
18 court shall revoke the probation or conditional discharge 
19 of a
person who willfully fails to comply with this 
20 paragraph (7). The person on
probation or conditional 
21 discharge shall be required to pay for the cost of the

22 educational courses or high school equivalency testing if 
23 a fee is charged for those courses or testing. The court 
24 shall resentence the offender whose probation or 
25 conditional
discharge has been revoked as provided in 
26 Section 5-6-4. This paragraph (7) does
not apply to a 
 
 
HB1270- 382 -LRB103 04864 RLC 49874 b


1 person who has a high school diploma or has successfully 
2 passed high school equivalency testing. This paragraph (7) 
3 does not apply to a person who is determined by
the court 
4 to be a person with a developmental disability or 
5 otherwise mentally incapable of
completing the educational 
6 or vocational program;


7  (8) if convicted of possession of a substance 
8 prohibited
by the Cannabis Control Act, the Illinois 
9 Controlled Substances Act, or the Methamphetamine Control 
10 and Community Protection Act
after a previous conviction 
11 or disposition of supervision for possession of a

12 substance prohibited by the Cannabis Control Act or 
13 Illinois Controlled
Substances Act or after a sentence of 
14 probation under Section 10 of the
Cannabis
Control Act, 
15 Section 410 of the Illinois Controlled Substances Act, or 
16 Section 70 of the Methamphetamine Control and Community 
17 Protection Act and upon a
finding by the court that the 
18 person is addicted, undergo treatment at a
substance abuse 
19 program approved by the court;


20  (8.5) if convicted of a felony sex offense as defined 
21 in the Sex
Offender
Management Board Act, the person shall 
22 undergo and successfully complete sex
offender treatment 
23 by a treatment provider approved by the Board and 
24 conducted
in conformance with the standards developed 
25 under the Sex
Offender Management Board Act;

26  (8.6) if convicted of a sex offense as defined in the 
 
 
HB1270- 383 -LRB103 04864 RLC 49874 b


1 Sex Offender Management Board Act, refrain from residing 
2 at the same address or in the same condominium unit or 
3 apartment unit or in the same condominium complex or 
4 apartment complex with another person he or she knows or 
5 reasonably should know is a convicted sex offender or has 
6 been placed on supervision for a sex offense; the 
7 provisions of this paragraph do not apply to a person 
8 convicted of a sex offense who is placed in a Department of 
9 Corrections licensed transitional housing facility for sex 
10 offenders;
11  (8.7) if convicted for an offense committed on or 
12 after June 1, 2008 (the effective date of Public Act 
13 95-464) that would qualify the accused as a child sex 
14 offender as defined in Section 11-9.3 or 11-9.4 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012, 
16 refrain from communicating with or contacting, by means of 
17 the Internet, a person who is not related to the accused 
18 and whom the accused reasonably believes to be under 18 
19 years of age; for purposes of this paragraph (8.7), 
20 "Internet" has the meaning ascribed to it in Section 
21 16-0.1 of the Criminal Code of 2012; and a person is not 
22 related to the accused if the person is not: (i) the 
23 spouse, brother, or sister of the accused; (ii) a 
24 descendant of the accused; (iii) a first or second cousin 
25 of the accused; or (iv) a step-child or adopted child of 
26 the accused;
 
 
HB1270- 384 -LRB103 04864 RLC 49874 b


1  (8.8) if convicted for an offense under Section 11-6, 
2 11-9.1, 11-14.4 that involves soliciting for a juvenile 
3 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
4 of the Criminal Code of 1961 or the Criminal Code of 2012, 
5 or any attempt to commit any of these offenses, committed 
6 on or after June 1, 2009 (the effective date of Public Act 
7 95-983):
8   (i) not access or use a computer or any other 
9 device with Internet capability without the prior 
10 written approval of the offender's probation officer, 
11 except in connection with the offender's employment or 
12 search for employment with the prior approval of the 
13 offender's probation officer;
14   (ii) submit to periodic unannounced examinations 
15 of the offender's computer or any other device with 
16 Internet capability by the offender's probation 
17 officer, a law enforcement officer, or assigned 
18 computer or information technology specialist, 
19 including the retrieval and copying of all data from 
20 the computer or device and any internal or external 
21 peripherals and removal of such information, 
22 equipment, or device to conduct a more thorough 
23 inspection;
24   (iii) submit to the installation on the offender's 
25 computer or device with Internet capability, at the 
26 offender's expense, of one or more hardware or 
 
 
HB1270- 385 -LRB103 04864 RLC 49874 b


1 software systems to monitor the Internet use; and
2   (iv) submit to any other appropriate restrictions 
3 concerning the offender's use of or access to a 
4 computer or any other device with Internet capability 
5 imposed by the offender's probation officer; 
6  (8.9) if convicted of a sex offense as defined in the 
7 Sex Offender
Registration Act committed on or after 
8 January 1, 2010 (the effective date of Public Act 96-262), 
9 refrain from accessing or using a social networking 
10 website as defined in Section 17-0.5 of the Criminal Code 
11 of 2012;

12  (9) if convicted of a felony or of any misdemeanor 
13 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
14 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
15 2012 that was determined, pursuant to Section 112A-11.1 of 
16 the Code of Criminal Procedure of 1963, to trigger the 
17 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
18 at a time and place
designated by the court, his or her 
19 Firearm
Owner's Identification Card and
any and all 
20 firearms in
his or her possession. The Court shall return 
21 to the Illinois State Police Firearm Owner's 
22 Identification Card Office the person's Firearm Owner's 
23 Identification Card;


24  (10) if convicted of a sex offense as defined in 
25 subsection (a-5) of Section 3-1-2 of this Code, unless the 
26 offender is a parent or guardian of the person under 18 
 
 
HB1270- 386 -LRB103 04864 RLC 49874 b


1 years of age present in the home and no non-familial 
2 minors are present, not participate in a holiday event 
3 involving children under 18 years of age, such as 
4 distributing candy or other items to children on 
5 Halloween, wearing a Santa Claus costume on or preceding 
6 Christmas, being employed as a department store Santa 
7 Claus, or wearing an Easter Bunny costume on or preceding 
8 Easter; 
9  (11) if convicted of a sex offense as defined in 
10 Section 2 of the Sex Offender Registration Act committed 
11 on or after January 1, 2010 (the effective date of Public 
12 Act 96-362) that requires the person to register as a sex 
13 offender under that Act, may not knowingly use any 
14 computer scrub software on any computer that the sex 
15 offender uses; 
16  (12) if convicted of a violation of the 
17 Methamphetamine Control and Community Protection Act, the 
18 Methamphetamine
Precursor Control Act, or a 
19 methamphetamine related offense:
20   (A) prohibited from purchasing, possessing, or 
21 having under his or her control any product containing 
22 pseudoephedrine unless prescribed by a physician; and
23   (B) prohibited from purchasing, possessing, or 
24 having under his or her control any product containing 
25 ammonium nitrate; and
26  (13) if convicted of a hate crime involving the 
 
 
HB1270- 387 -LRB103 04864 RLC 49874 b


1 protected class identified in subsection (a) of Section 
2 12-7.1 of the Criminal Code of 2012 that gave rise to the 
3 offense the offender committed, perform public or 
4 community service of no less than 200 hours and enroll in 
5 an educational program discouraging hate crimes that 
6 includes racial, ethnic, and cultural sensitivity training 
7 ordered by the court. 
8 (b) The Court may in addition to other reasonable 
9conditions relating to the
nature of the offense or the 
10rehabilitation of the defendant as determined for
each 
11defendant in the proper discretion of the Court require that 
12the person:


13  (1) serve a term of periodic imprisonment under 
14 Article 7 for a
period not to exceed that specified in 
15 paragraph (d) of Section 5-7-1;


16  (2) pay a fine and costs;


17  (3) work or pursue a course of study or vocational 
18 training;


19  (4) undergo medical, psychological or psychiatric 
20 treatment; or treatment
for drug addiction or alcoholism;


21  (5) attend or reside in a facility established for the 
22 instruction
or residence of defendants on probation;


23  (6) support his dependents;


24  (7) and in addition, if a minor:


25   (i) reside with his parents or in a foster home;


26   (ii) attend school;


 
 
HB1270- 388 -LRB103 04864 RLC 49874 b


1   (iii) attend a non-residential program for youth;


2   (iv) contribute to his own support at home or in a 
3 foster home;


4   (v) with the consent of the superintendent of the

5 facility, attend an educational program at a facility 
6 other than the school
in which the
offense was 
7 committed if he
or she is convicted of a crime of 
8 violence as
defined in
Section 2 of the Crime Victims 
9 Compensation Act committed in a school, on the
real

10 property
comprising a school, or within 1,000 feet of 
11 the real property comprising a
school;


12  (8) make restitution as provided in Section 5-5-6 of 
13 this Code;


14  (9) perform some reasonable public or community 
15 service;


16  (10) serve a term of home confinement. In addition to 
17 any other
applicable condition of probation or conditional 
18 discharge, the
conditions of home confinement shall be 
19 that the offender:


20   (i) remain within the interior premises of the 
21 place designated for
his confinement during the hours 
22 designated by the court;


23   (ii) admit any person or agent designated by the 
24 court into the
offender's place of confinement at any 
25 time for purposes of verifying
the offender's 
26 compliance with the conditions of his confinement; and


 
 
HB1270- 389 -LRB103 04864 RLC 49874 b


1   (iii) if further deemed necessary by the court or 
2 the
Probation or
Court Services Department, be placed 
3 on an approved
electronic monitoring device, subject 
4 to Article 8A of Chapter V;


5   (iv) for persons convicted of any alcohol, 
6 cannabis or controlled
substance violation who are 
7 placed on an approved monitoring device as a
condition 
8 of probation or conditional discharge, the court shall 
9 impose a
reasonable fee for each day of the use of the 
10 device, as established by the
county board in 
11 subsection (g) of this Section, unless after 
12 determining the
inability of the offender to pay the 
13 fee, the court assesses a lesser fee or no
fee as the 
14 case may be. This fee shall be imposed in addition to 
15 the fees
imposed under subsections (g) and (i) of this 
16 Section. The fee shall be
collected by the clerk of the 
17 circuit court, except as provided in an administrative 
18 order of the Chief Judge of the circuit court. The 
19 clerk of the circuit
court shall pay all monies 
20 collected from this fee to the county treasurer
for 
21 deposit in the substance abuse services fund under 
22 Section 5-1086.1 of
the Counties Code, except as 
23 provided in an administrative order of the Chief Judge 
24 of the circuit court.
25   The Chief Judge of the circuit court of the county 
26 may by administrative order establish a program for 
 
 
HB1270- 390 -LRB103 04864 RLC 49874 b


1 electronic monitoring of offenders, in which a vendor 
2 supplies and monitors the operation of the electronic 
3 monitoring device, and collects the fees on behalf of 
4 the county. The program shall include provisions for 
5 indigent offenders and the collection of unpaid fees. 
6 The program shall not unduly burden the offender and 
7 shall be subject to review by the Chief Judge.
8   The Chief Judge of the circuit court may suspend 
9 any additional charges or fees for late payment, 
10 interest, or damage to any device; and


11   (v) for persons convicted of offenses other than 
12 those referenced in
clause (iv) above and who are 
13 placed on an approved monitoring device as a
condition 
14 of probation or conditional discharge, the court shall 
15 impose
a reasonable fee for each day of the use of the 
16 device, as established by the
county board in 
17 subsection (g) of this Section, unless after 
18 determining the
inability of the defendant to pay the 
19 fee, the court assesses a lesser fee or
no fee as the 
20 case may be. This fee shall be imposed in addition to 
21 the fees
imposed under subsections (g) and (i) of this 
22 Section. The fee
shall be collected by the clerk of the 
23 circuit court, except as provided in an administrative 
24 order of the Chief Judge of the circuit court. The 
25 clerk of the circuit
court shall pay all monies 
26 collected from this fee
to the county treasurer who 
 
 
HB1270- 391 -LRB103 04864 RLC 49874 b


1 shall use the monies collected to defray the
costs of 
2 corrections. The county treasurer shall deposit the 
3 fee
collected in the probation and court services 
4 fund.
The Chief Judge of the circuit court of the 
5 county may by administrative order establish a program 
6 for electronic monitoring of offenders, in which a 
7 vendor supplies and monitors the operation of the 
8 electronic monitoring device, and collects the fees on 
9 behalf of the county. The program shall include 
10 provisions for indigent offenders and the collection 
11 of unpaid fees. The program shall not unduly burden 
12 the offender and shall be subject to review by the 
13 Chief Judge. 

14   The Chief Judge of the circuit court may suspend 
15 any additional charges or fees for late payment, 
16 interest, or damage to any device. 
17  (11) comply with the terms and conditions of an order 
18 of protection issued
by the court pursuant to the Illinois 
19 Domestic Violence Act of 1986,
as now or hereafter 
20 amended, or an order of protection issued by the court of

21 another state, tribe, or United States territory. A copy 
22 of the order of
protection shall be
transmitted to the 
23 probation officer or agency
having responsibility for the 
24 case;


25  (12) reimburse any "local anti-crime program" as 
26 defined in Section 7
of the Anti-Crime Advisory Council 
 
 
HB1270- 392 -LRB103 04864 RLC 49874 b


1 Act for any reasonable expenses incurred
by the program on 
2 the offender's case, not to exceed the maximum amount of

3 the fine authorized for the offense for which the 
4 defendant was sentenced;


5  (13) contribute a reasonable sum of money, not to 
6 exceed the maximum
amount of the fine authorized for the

7 offense for which the defendant was sentenced, (i) to a 
8 "local anti-crime
program", as defined in Section 7 of the 
9 Anti-Crime Advisory Council Act, or (ii) for offenses 
10 under the jurisdiction of the Department of Natural 
11 Resources, to the fund established by the Department of 
12 Natural Resources for the purchase of evidence for 
13 investigation purposes and to conduct investigations as 
14 outlined in Section 805-105 of the Department of Natural 
15 Resources (Conservation) Law;


16  (14) refrain from entering into a designated 
17 geographic area except upon
such terms as the court finds 
18 appropriate. Such terms may include
consideration of the 
19 purpose of the entry, the time of day, other persons

20 accompanying the defendant, and advance approval by a

21 probation officer, if
the defendant has been placed on 
22 probation or advance approval by the
court, if the 
23 defendant was placed on conditional discharge;


24  (15) refrain from having any contact, directly or 
25 indirectly, with
certain specified persons or particular 
26 types of persons, including but not
limited to members of 
 
 
HB1270- 393 -LRB103 04864 RLC 49874 b


1 street gangs and drug users or dealers;


2  (16) refrain from having in his or her body the 
3 presence of any illicit
drug prohibited by the Cannabis 
4 Control Act, the Illinois Controlled
Substances Act, or 
5 the Methamphetamine Control and Community Protection Act, 
6 unless prescribed by a physician, and submit samples of

7 his or her blood or urine or both for tests to determine 
8 the presence of any
illicit drug;

9  (17) if convicted for an offense committed on or after 
10 June 1, 2008 (the effective date of Public Act 95-464) 
11 that would qualify the accused as a child sex offender as 
12 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
13 of 1961 or the Criminal Code of 2012, refrain from 
14 communicating with or contacting, by means of the 
15 Internet, a person who is related to the accused and whom 
16 the accused reasonably believes to be under 18 years of 
17 age; for purposes of this paragraph (17), "Internet" has 
18 the meaning ascribed to it in Section 16-0.1 of the 
19 Criminal Code of 2012; and a person is related to the 
20 accused if the person is: (i) the spouse, brother, or 
21 sister of the accused; (ii) a descendant of the accused; 
22 (iii) a first or second cousin of the accused; or (iv) a 
23 step-child or adopted child of the accused;
24  (18) if convicted for an offense committed on or after 
25 June 1, 2009 (the effective date of Public Act 95-983) 
26 that would qualify as a sex offense as defined in the Sex 
 
 
HB1270- 394 -LRB103 04864 RLC 49874 b


1 Offender Registration Act:
2   (i) not access or use a computer or any other 
3 device with Internet capability without the prior 
4 written approval of the offender's probation officer, 
5 except in connection with the offender's employment or 
6 search for employment with the prior approval of the 
7 offender's probation officer;
8   (ii) submit to periodic unannounced examinations 
9 of the offender's computer or any other device with 
10 Internet capability by the offender's probation 
11 officer, a law enforcement officer, or assigned 
12 computer or information technology specialist, 
13 including the retrieval and copying of all data from 
14 the computer or device and any internal or external 
15 peripherals and removal of such information, 
16 equipment, or device to conduct a more thorough 
17 inspection;
18   (iii) submit to the installation on the offender's 
19 computer or device with Internet capability, at the 
20 subject's expense, of one or more hardware or software 
21 systems to monitor the Internet use; and
22   (iv) submit to any other appropriate restrictions 
23 concerning the offender's use of or access to a 
24 computer or any other device with Internet capability 
25 imposed by the offender's probation officer; and 
26  (19) refrain from possessing a firearm or other 
 
 
HB1270- 395 -LRB103 04864 RLC 49874 b


1 dangerous weapon where the offense is a misdemeanor that 
2 did not involve the intentional or knowing infliction of 
3 bodily harm or threat of bodily harm. 
4 (c) The court may as a condition of probation or of 
5conditional
discharge require that a person under 18 years of 
6age found guilty of any
alcohol, cannabis or controlled 
7substance violation, refrain from acquiring
a driver's license 
8during
the period of probation or conditional discharge. If 
9such person
is in possession of a permit or license, the court 
10may require that
the minor refrain from driving or operating 
11any motor vehicle during the
period of probation or 
12conditional discharge, except as may be necessary in
the 
13course of the minor's lawful employment.


14 (d) An offender sentenced to probation or to conditional 
15discharge
shall be given a certificate setting forth the 
16conditions thereof.


17 (e) Except where the offender has committed a fourth or 
18subsequent
violation of subsection (c) of Section 6-303 of the 
19Illinois Vehicle Code,
the court shall not require as a 
20condition of the sentence of
probation or conditional 
21discharge that the offender be committed to a
period of 
22imprisonment in excess of 6 months.
This 6-month limit shall 
23not include periods of confinement given pursuant to
a 
24sentence of county impact incarceration under Section 5-8-1.2.

25 Persons committed to imprisonment as a condition of 
26probation or
conditional discharge shall not be committed to 
 
 
HB1270- 396 -LRB103 04864 RLC 49874 b


1the Department of
Corrections.


2 (f) The court may combine a sentence of periodic 
3imprisonment under
Article 7 or a sentence to a county impact 
4incarceration program under
Article 8 with a sentence of 
5probation or conditional discharge.


6 (g) An offender sentenced to probation or to conditional 
7discharge and
who during the term of either undergoes 
8mandatory drug or alcohol testing,
or both, or is assigned to 
9be placed on an approved electronic monitoring
device, shall 
10be ordered to pay all costs incidental to such mandatory drug

11or alcohol testing, or both, and all costs
incidental to such 
12approved electronic monitoring in accordance with the

13defendant's ability to pay those costs. The county board with

14the concurrence of the Chief Judge of the judicial
circuit in 
15which the county is located shall establish reasonable fees 
16for
the cost of maintenance, testing, and incidental expenses 
17related to the
mandatory drug or alcohol testing, or both, and 
18all costs incidental to
approved electronic monitoring, 
19involved in a successful probation program
for the county. The 
20concurrence of the Chief Judge shall be in the form of
an 
21administrative order.
The fees shall be collected by the clerk 
22of the circuit court, except as provided in an administrative 
23order of the Chief Judge of the circuit court. The clerk of
the 
24circuit court shall pay all moneys collected from these fees 
25to the county
treasurer who shall use the moneys collected to 
26defray the costs of
drug testing, alcohol testing, and 
 
 
HB1270- 397 -LRB103 04864 RLC 49874 b


1electronic monitoring.
The county treasurer shall deposit the 
2fees collected in the
county working cash fund under Section 
36-27001 or Section 6-29002 of the
Counties Code, as the case 
4may be.
The Chief Judge of the circuit court of the county may 
5by administrative order establish a program for electronic 
6monitoring of offenders, in which a vendor supplies and 
7monitors the operation of the electronic monitoring device, 
8and collects the fees on behalf of the county. The program 
9shall include provisions for indigent offenders and the 
10collection of unpaid fees. The program shall not unduly burden 
11the offender and shall be subject to review by the Chief Judge. 

12 The Chief Judge of the circuit court may suspend any 
13additional charges or fees for late payment, interest, or 
14damage to any device. 
15 (h) Jurisdiction over an offender may be transferred from 
16the
sentencing court to the court of another circuit with the 
17concurrence of
both courts. Further transfers or retransfers 
18of
jurisdiction are also
authorized in the same manner. The 
19court to which jurisdiction has been
transferred shall have 
20the same powers as the sentencing court.
The probation 
21department within the circuit to which jurisdiction has been 
22transferred, or which has agreed to provide supervision, may 
23impose probation fees upon receiving the transferred offender, 
24as provided in subsection (i). For all transfer cases, as 
25defined in Section 9b of the Probation and Probation Officers 
26Act, the probation department from the original sentencing 
 
 
HB1270- 398 -LRB103 04864 RLC 49874 b


1court shall retain all probation fees collected prior to the 
2transfer. After the transfer,
all probation fees shall be paid 
3to the probation department within the
circuit to which 
4jurisdiction has been transferred.

5 (i) The court shall impose upon an offender
sentenced to 
6probation after January 1, 1989 or to conditional discharge

7after January 1, 1992 or to community service under the 
8supervision of a
probation or court services department after 
9January 1, 2004, as a condition of such probation or 
10conditional
discharge or supervised community service, a fee 
11of $50
for each month of probation or
conditional
discharge 
12supervision or supervised community service ordered by the 
13court, unless after
determining the inability of the person 
14sentenced to probation or conditional
discharge or supervised 
15community service to pay the
fee, the court assesses a lesser 
16fee. The court may not impose the fee on a
minor who is placed 
17in the guardianship or custody of the Department of Children 
18and Family Services under the Juvenile Court Act of 1987
while 
19the minor is in placement.
The fee shall be imposed only upon

20an offender who is actively supervised by the
probation and 
21court services
department. The fee shall be collected by the 
22clerk
of the circuit court. The clerk of the circuit court 
23shall pay all monies
collected from this fee to the county 
24treasurer for deposit in the
probation and court services fund 
25under Section 15.1 of the
Probation and Probation Officers 
26Act.

 
 
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1 A circuit court may not impose a probation fee under this 
2subsection (i) in excess of $25
per month unless the circuit 
3court has adopted, by administrative
order issued by the chief 
4judge, a standard probation fee guide
determining an 
5offender's ability to pay. Of the
amount collected as a 
6probation fee, up to $5 of that fee
collected per month may be 
7used to provide services to crime victims
and their families.
8 The Court may only waive probation fees based on an 
9offender's ability to pay. The probation department may 
10re-evaluate an offender's ability to pay every 6 months, and, 
11with the approval of the Director of Court Services or the 
12Chief Probation Officer, adjust the monthly fee amount. An 
13offender may elect to pay probation fees due in a lump sum.
Any 
14offender that has been assigned to the supervision of a 
15probation department, or has been transferred either under 
16subsection (h) of this Section or under any interstate 
17compact, shall be required to pay probation fees to the 
18department supervising the offender, based on the offender's 
19ability to pay.


20 Public Act 93-970 deletes the $10 increase in the fee 
21under this subsection that was imposed by Public Act 93-616. 
22This deletion is intended to control over any other Act of the 
2393rd General Assembly that retains or incorporates that fee 
24increase.
25 (i-5) In addition to the fees imposed under subsection (i) 
26of this Section, in the case of an offender convicted of a 
 
 
HB1270- 400 -LRB103 04864 RLC 49874 b


1felony sex offense (as defined in the Sex Offender Management 
2Board Act) or an offense that the court or probation 
3department has determined to be sexually motivated (as defined 
4in the Sex Offender Management Board Act), the court or the 
5probation department shall assess additional fees to pay for 
6all costs of treatment, assessment, evaluation for risk and 
7treatment, and monitoring the offender, based on that 
8offender's ability to pay those costs either as they occur or 
9under a payment plan.
10 (j) All fines and costs imposed under this Section for any 
11violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
12Code, or a similar
provision of a local ordinance, and any 
13violation of the Child Passenger
Protection Act, or a similar 
14provision of a local ordinance, shall be
collected and 
15disbursed by the circuit clerk as provided under the Criminal 
16and Traffic Assessment Act.


17 (k) Any offender who is sentenced to probation or 
18conditional discharge for a felony sex offense as defined in 
19the Sex Offender Management Board Act or any offense that the 
20court or probation department has determined to be sexually 
21motivated as defined in the Sex Offender Management Board Act 
22shall be required to refrain from any contact, directly or 
23indirectly, with any persons specified by the court and shall 
24be available for all evaluations and treatment programs 
25required by the court or the probation department.

26 (l) The court may order an offender who is sentenced to 
 
 
HB1270- 401 -LRB103 04864 RLC 49874 b


1probation or conditional
discharge for a violation of an order 
2of protection be placed under electronic surveillance as 
3provided in Section 5-8A-7 of this Code. 
4(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)

5 (730 ILCS 5/3-2-13 rep.)
6 Section 95.5. The Unified Code of Corrections is amended 
7by repealing Section 3-2-13.

8 Section 96. The Probation and Probation Officers Act is 
9amended by changing Section 15.2 as follows:

10 (730 ILCS 110/15.2)
11 Sec. 15.2. Retiring probation officer; purchase of service 
12firearm and badge. Each department shall establish a program 
13to allow a probation officer of the department who is 
14honorably retiring in good standing to purchase either one or 
15both of the following: (1) any badge previously issued to the 
16probation officer by the department; or (2) if the probation 
17officer has a currently valid Firearm Owner's Identification 
18Card, the service firearm issued or previously issued to the 
19probation officer by the department. The badge must be 
20permanently and conspicuously marked in such a manner that the 
21individual who possesses the badge is not mistaken for an 
22actively serving law enforcement officer. The cost of the 
23firearm shall be the replacement value of the firearm and not 
 
 
HB1270- 402 -LRB103 04864 RLC 49874 b


1the firearm's fair market value.

2(Source: P.A. 102-719, eff. 5-6-22.)

3 Section 100. The Stalking No Contact Order Act is amended 
4by changing Section 80 as follows:

5 (740 ILCS 21/80)

6 Sec. 80. Stalking no contact orders; remedies.
7 (a) If the court finds that the petitioner has been a 
8victim of stalking, a stalking no contact order shall issue; 
9provided that the petitioner must also satisfy the 
10requirements of Section 95 on emergency orders or Section 100 
11on plenary orders. The petitioner shall not be denied a 
12stalking no contact order because the petitioner or the 
13respondent is a minor. The court, when determining whether or 
14not to issue a stalking no contact order, may not require 
15physical injury on the person of the petitioner. Modification 
16and extension of prior stalking no contact orders shall be in 
17accordance with this Act.
18 (b) A stalking no contact order shall order one or more of 
19the following:
20  (1) prohibit the respondent from threatening to commit 
21 or committing stalking;
22  (2) order the respondent not to have any contact with 
23 the petitioner or a third person specifically named by the 
24 court;
 
 
HB1270- 403 -LRB103 04864 RLC 49874 b


1  (3) prohibit the respondent from knowingly coming 
2 within, or knowingly remaining within a specified distance 
3 of the petitioner or the petitioner's residence, school, 
4 daycare, or place of employment, or any specified place 
5 frequented by the petitioner; however, the court may order 
6 the respondent to stay away from the respondent's own 
7 residence, school, or place of employment only if the 
8 respondent has been provided actual notice of the 
9 opportunity to appear and be heard on the petition;
10  (4) prohibit the respondent from possessing a Firearm 
11 Owners Identification Card, or possessing or buying 
12 firearms; and
13  (5) order other injunctive relief the court determines 
14 to be necessary to protect the petitioner or third party 
15 specifically named by the court.
16 (b-5) When the petitioner and the respondent attend the 
17same public, private, or non-public elementary, middle, or 
18high school, the court when issuing a stalking no contact 
19order and providing relief shall consider the severity of the 
20act, any continuing physical danger or emotional distress to 
21the petitioner, the educational rights guaranteed to the 
22petitioner and respondent under federal and State law, the 
23availability of a transfer of the respondent to another 
24school, a change of placement or a change of program of the 
25respondent, the expense, difficulty, and educational 
26disruption that would be caused by a transfer of the 
 
 
HB1270- 404 -LRB103 04864 RLC 49874 b


1respondent to another school, and any other relevant facts of 
2the case. The court may order that the respondent not attend 
3the public, private, or non-public elementary, middle, or high 
4school attended by the petitioner, order that the respondent 
5accept a change of placement or program, as determined by the 
6school district or private or non-public school, or place 
7restrictions on the respondent's movements within the school 
8attended by the petitioner.
The respondent bears the burden of 
9proving by a preponderance of the evidence that a transfer, 
10change of placement, or change of program of the respondent is 
11not available. The respondent also bears the burden of 
12production with respect to the expense, difficulty, and 
13educational disruption that would be caused by a transfer of 
14the respondent to another school. A transfer, change of 
15placement, or change of program is not unavailable to the 
16respondent solely on the ground that the respondent does not 
17agree with the school district's or private or non-public 
18school's transfer, change of placement, or change of program 
19or solely on the ground that the respondent fails or refuses to 
20consent to or otherwise does not take an action required to 
21effectuate a transfer, change of placement, or change of 
22program.
When a court orders a respondent to stay away from the 
23public, private, or non-public school attended by the 
24petitioner and the respondent requests a transfer to another 
25attendance center within the respondent's school district or 
26private or non-public school, the school district or private 
 
 
HB1270- 405 -LRB103 04864 RLC 49874 b


1or non-public school shall have sole discretion to determine 
2the attendance center to which the respondent is transferred.

3In the event the court order results in a transfer of the minor 
4respondent to another attendance center, a change in the 
5respondent's placement, or a change of the respondent's 
6program, the parents, guardian, or legal custodian of the 
7respondent is responsible for transportation and other costs 
8associated with the transfer or change. 
9 (b-6) The court may order the parents, guardian, or legal 
10custodian of a minor respondent to take certain actions or to 
11refrain from taking certain actions to ensure that the 
12respondent complies with the order. In the event the court 
13orders a transfer of the respondent to another school, the 
14parents, guardian, or legal custodian of the respondent are 
15responsible for transportation and other costs associated with 
16the change of school by the respondent. 
17 (b-7) The court shall not hold a school district or 
18private or non-public school or any of its employees in civil 
19or criminal contempt unless the school district or private or 
20non-public school has been allowed to intervene.
21 (b-8) The court may hold the parents, guardian, or legal 
22custodian of a minor respondent in civil or criminal contempt 
23for a violation of any provision of any order entered under 
24this Act for conduct of the minor respondent in violation of 
25this Act if the
parents, guardian, or legal custodian 
26directed, encouraged, or assisted the respondent minor in such 
 
 
HB1270- 406 -LRB103 04864 RLC 49874 b


1conduct. 
2 (c) The court may award the petitioner costs and attorneys 
3fees if a stalking no contact order is granted.
4 (d) Monetary damages are not recoverable as a remedy.
5 (e) If the stalking no contact order prohibits the 
6respondent from possessing a Firearm Owner's Identification 
7Card, or possessing or buying firearms, ; the court shall 
8confiscate the respondent's firearms Firearm Owner's 
9Identification Card and immediately return the card to the 
10Illinois State Police Firearm Owner's Identification Card 
11Office.


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

13 Section 105. The Mental Health and Developmental 
14Disabilities Confidentiality Act is amended by changing 
15Section 12 as follows:



16 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


17 Sec. 12. (a) If the United States Secret Service or the 
18Illinois State Police requests information from a mental 
19health or developmental
disability facility, as defined in 
20Section 1-107 and 1-114 of the Mental
Health and Developmental 
21Disabilities Code, relating to a specific
recipient and the 
22facility director determines that disclosure of such

23information may be necessary to protect the life of, or to 
24prevent
the infliction of great bodily harm to, a public 
 
 
HB1270- 407 -LRB103 04864 RLC 49874 b


1official,
or a person under the protection of the United

2States Secret Service, only the following information
may be 
3disclosed: the recipient's name, address, and age and the date 
4of
any admission to or discharge from a facility; and any 
5information which
would indicate whether or not the recipient 
6has a history of violence or
presents a danger of violence to 
7the person under protection. Any information
so disclosed 
8shall be used for investigative purposes only and shall not
be 
9publicly disseminated.
Any person participating in good faith 
10in the disclosure of such
information in accordance with this 
11provision shall have immunity from any
liability, civil, 
12criminal or otherwise, if such information is disclosed

13relying upon the representation of an officer of the United 
14States Secret
Service or the Illinois State Police that a 
15person is under the
protection of the United States Secret 
16Service or is a public official.

17 For the purpose of this subsection (a), the term "public 
18official" means
the Governor, Lieutenant Governor, Attorney 
19General, Secretary of State,
State Comptroller, State 
20Treasurer, member of the General Assembly, member of the 
21United States Congress, Judge of the United States as defined 
22in 28 U.S.C. 451, Justice of the United States as defined in 28 
23U.S.C. 451, United States Magistrate Judge as defined in 28 
24U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
25Supreme, Appellate, Circuit, or Associate Judge of the State 
26of Illinois. The
term shall also include the spouse, child or 
 
 
HB1270- 408 -LRB103 04864 RLC 49874 b


1children of a public official.

2 (b) The Department of Human Services (acting as successor 
3to the
Department of Mental Health and Developmental 
4Disabilities) and all
public or private hospitals and mental 
5health facilities are required, as hereafter described in this 
6subsection,
to furnish the Illinois State Police only such 
7information as may
be required for the sole purpose of 
8determining whether an individual who
may be or may have been a 
9patient is disqualified because of that status
from receiving 
10or retaining a firearm under paragraph (4) of subsection (a) 
11of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
12Identification Card or falls within the federal prohibitors 
13under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
14of the Firearm Owners Identification Card Act, or falls within 
15the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
16physicians, clinical psychologists, or qualified examiners at 
17public or private mental health facilities or parts thereof as 
18defined in this subsection shall, in the form and manner 
19required
by the Department, provide notice directly to the 
20Department of Human Services, or to his or her employer who 
21shall then report to the Department, within 24 hours after 
22determining that a person poses a clear and present danger to 
23himself, herself, or others, or within 7 days after a person 14 
24years or older is determined to be a person with a 
25developmental disability by a physician, clinical 
26psychologist, or qualified examiner as described in this 
 
 
HB1270- 409 -LRB103 04864 RLC 49874 b


1subsection (b) Section 1.1 of the Firearm Owners 
2Identification Card Act. If a person is a patient as described 
3in clause (2)(A) (1) of the definition of "patient" in Section 
4(2)(A) 1.1 of the Firearm Owners Identification Card Act, this 
5information shall be furnished within 7 days after
admission 
6to a public or private hospital or mental health facility or 
7the provision of services. Any such information disclosed 
8under
this subsection shall
remain privileged and 
9confidential, and shall not be redisclosed, except as required 
10by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012 
11subsection (e) of Section 3.1 of the Firearm Owners 
12Identification Card Act, nor utilized
for any other purpose. 
13The method of requiring the providing of such
information 
14shall guarantee that no information is released beyond what
is 
15necessary for this purpose. In addition, the information 
16disclosed
shall be provided
by the Department within the time 
17period established by Section 24-3 of the
Criminal Code of 
182012 regarding the delivery of firearms. The method used
shall 
19be sufficient to provide the necessary information within the

20prescribed time period, which may include periodically 
21providing
lists to the Department of Human Services
or any 
22public or private hospital or mental health facility of 
23Firearm Owner's Identification Card applicants
for firearm 
24purchases on which the Department or hospital shall indicate 
25the identities of those
individuals who are to its knowledge 
26disqualified from having a firearm Firearm
Owner's 
 
 
HB1270- 410 -LRB103 04864 RLC 49874 b


1Identification Card for reasons described herein. The 
2Department
may provide for a centralized source
of information 
3for the State on this subject under its jurisdiction. The 
4identity of the person reporting under this subsection shall 
5not be disclosed to the subject of the report. For the purposes 
6of this subsection, the physician, clinical psychologist, or 
7qualified examiner making the determination and his or her 
8employer shall not be held criminally, civilly, or 
9professionally liable for making or not making the 
10notification required under this subsection, except for 
11willful or wanton misconduct. 

12 Any person, institution, or agency, under this Act, 
13participating in
good faith in the reporting or disclosure of 
14records and communications
otherwise in accordance with this 
15provision or with rules, regulations or
guidelines issued by 
16the Department shall have immunity from any
liability, civil, 
17criminal or otherwise, that might result by reason of the

18action. For the purpose of any proceeding, civil or criminal,

19arising out of a report or disclosure in accordance with this 
20provision,
the good faith of any person,
institution, or 
21agency so reporting or disclosing shall be presumed. The
full 
22extent of the immunity provided in this subsection (b) shall 
23apply to
any person, institution or agency that fails to make a 
24report or disclosure
in the good faith belief that the report 
25or disclosure would violate
federal regulations governing the 
26confidentiality of alcohol and drug abuse
patient records 
 
 
HB1270- 411 -LRB103 04864 RLC 49874 b


1implementing 42 U.S.C. 290dd-3 and 290ee-3.

2 For purposes of this subsection (b) only, the following 
3terms shall have
the meaning prescribed:

4  (1) (Blank).

5  (1.3) "Clear and present danger" has the meaning as 
6 defined in Section 6-103.3 of the Mental Health and 
7 Developmental Disabilities Code 1.1 of the Firearm Owners 
8 Identification Card Act. 
9  (1.5) "Person with a developmental disability" has the 
10 meaning as defined in Section 1-106 of the Mental Health 
11 and Developmental Disabilities Code 1.1 of the Firearm 
12 Owners Identification Card Act.
13  (2) "Patient" means (A) a person who voluntarily 
14 receives mental health treatment as an in-patient or 
15 resident of any public or private mental health facility, 
16 unless the treatment was solely for an alcohol abuse 
17 disorder and no other secondary substance abuse disorder 
18 or mental illness; or (B) a person who voluntarily 
19 receives mental health treatment as an out-patient or is 
20 provided services by a public or private mental health 
21 facility, and who poses a clear and present danger to 
22 himself, herself, or to others has the meaning as defined 
23 in Section 1.1 of the Firearm Owners Identification Card 
24 Act.

25  (3) "Mental health facility" means any licensed 
26 private hospital or hospital affiliate, institution, or 
 
 
HB1270- 412 -LRB103 04864 RLC 49874 b


1 facility, or part thereof, and any facility, or part 
2 thereof, operated by the State or a political subdivision 
3 thereof which provide treatment of persons with mental 
4 illness and includes all hospitals, institutions, clinics, 
5 evaluation facilities, mental health centers, colleges, 
6 universities, long-term care facilities, and nursing 
7 homes, or parts thereof, which provide treatment of 
8 persons with mental illness whether or not the primary 
9 purpose is to provide treatment of persons with mental 
10 illness has the meaning as defined in Section 1.1 of the 
11 Firearm Owners Identification Card Act.

12 (c) Upon the request of a peace officer who takes a person 
13into custody
and transports such person to a mental health or 
14developmental disability
facility pursuant to Section 3-606 or 
154-404 of the Mental Health and
Developmental Disabilities Code 
16or who transports a person from such facility,
a facility 
17director shall furnish said peace officer the name, address, 
18age
and name of the nearest relative of the person transported 
19to or from the
mental health or developmental disability 
20facility. In no case shall the
facility director disclose to 
21the peace officer any information relating to the
diagnosis, 
22treatment or evaluation of the person's mental or physical 
23health.

24 For the purposes of this subsection (c), the terms "mental 
25health or
developmental disability facility", "peace officer" 
26and "facility director"
shall have the meanings ascribed to 
 
 
HB1270- 413 -LRB103 04864 RLC 49874 b


1them in the Mental Health and
Developmental Disabilities Code.

2 (d) Upon the request of a peace officer or prosecuting 
3authority who is
conducting a bona fide investigation of a 
4criminal offense, or attempting to
apprehend a fugitive from 
5justice,
a facility director may disclose whether a person is 
6present at the facility.
Upon request of a peace officer or 
7prosecuting authority who has a valid
forcible felony warrant 
8issued, a facility director shall disclose: (1) whether
the 
9person who is the subject of the warrant is present at the 
10facility and (2)
the
date of that person's discharge or future 
11discharge from the facility.
The requesting peace officer or 
12prosecuting authority must furnish a case
number and the 
13purpose of the investigation or an outstanding arrest warrant 
14at
the time of the request. Any person, institution, or agency

15participating in good faith in disclosing such information in 
16accordance with
this subsection (d) is immune from any 
17liability, civil, criminal or
otherwise, that might result by 
18reason of the action.

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


20 Section 110. The Illinois Domestic Violence Act of 1986 is 
21amended by changing Sections 210 and 214 as follows:



22 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



23 Sec. 210. Process. 

24 (a) Summons. Any action for an order
of protection, 
 
 
HB1270- 414 -LRB103 04864 RLC 49874 b


1whether commenced alone or in conjunction with another

2proceeding, is a distinct cause of action and requires that a 
3separate
summons be issued and served, except that in pending 
4cases the following
methods may be used:

5  (1) By delivery of the summons to respondent 
6 personally in open
court in pending civil or criminal 
7 cases.

8  (2) By notice in accordance with Section 210.1 in 
9 civil cases in which
the defendant has filed a general 
10 appearance.

11 The summons shall be in the form prescribed
by Supreme 
12Court Rule 101(d), except that it shall require respondent to

13answer or appear within 7 days.
Attachments to the summons or 
14notice shall include the petition for order
of protection and 
15supporting affidavits, if any, and any emergency order of

16protection that has been issued. The enforcement of an order 
17of protection
under Section 223 shall not be affected by the 
18lack of service, delivery,
or notice, provided the 
19requirements of subsection (d) of that Section are
otherwise 
20met.

21 (b) Blank.

22 (c) Expedited service. The summons shall be served by the 
23sheriff or
other law enforcement officer at the earliest time 
24and shall take
precedence over other summonses except those of 
25a similar emergency nature.
Special process servers may be 
26appointed at any time, and their
designation shall not affect 
 
 
HB1270- 415 -LRB103 04864 RLC 49874 b


1the responsibilities and authority of the
sheriff or other 
2official process servers. In counties with a population over 
33,000,000, a special process server may not be appointed if 
4the order of protection grants the surrender of a child, the 
5surrender of a firearm or firearm owners identification card, 
6or the exclusive possession of a shared residence.

7 (d) Remedies requiring actual notice. The counseling, 
8payment of
support, payment of shelter services,
and payment 
9of losses remedies provided by paragraphs 4,
12, 13, and 16 of 
10subsection (b) of Section 214 may be granted only if

11respondent has
been personally served with process, has 
12answered or has made a general
appearance.

13 (e) Remedies upon constructive notice. Service of process 
14on a member
of respondent's household or by publication shall 
15be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
166, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
17214, but only if: (i) petitioner has made all reasonable

18efforts to accomplish actual service of process personally 
19upon respondent,
but respondent cannot be found to effect such 
20service and (ii) petitioner
files an affidavit or presents 
21sworn testimony
as to those efforts.

22 (f) Default. A plenary order of protection may be entered 
23by default as follows:

24  (1) For any of the remedies sought in the petition, if 
25 respondent
has been served or given notice in accordance 
26 with subsection (a) and if
respondent then fails to appear 
 
 
HB1270- 416 -LRB103 04864 RLC 49874 b


1 as directed or fails to appear on any subsequent

2 appearance or hearing date agreed to by the parties or set 
3 by the court; or

4  (2) For any of the remedies provided in accordance 
5 with subsection
(e), if respondent fails to answer or 
6 appear in accordance with the
date set in the publication 
7 notice or the return date indicated on the
service of a 
8 household member.

9 (g) Emergency orders. If an order is granted under 
10subsection (c) of Section 217, the court shall immediately 
11file a certified copy of the order with the sheriff or other 
12law enforcement official charged with maintaining Department 
13of State Police records.
14(Source: P.A. 101-508, eff. 1-1-20.)




15 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

16 Sec. 214. Order of protection; remedies. 

17 (a) Issuance of order. If the court finds that petitioner 
18has been
abused by a family or household member or that 
19petitioner is a high-risk
adult who has been abused, 
20neglected, or exploited, as defined in this Act,
an order of 
21protection prohibiting the abuse, neglect, or exploitation

22shall issue; provided that petitioner must also satisfy the 
23requirements of
one of the following Sections, as appropriate: 
24Section 217 on emergency
orders, Section 218 on interim 
25orders, or Section 219 on plenary orders.
Petitioner shall not 
 
 
HB1270- 417 -LRB103 04864 RLC 49874 b


1be denied an order of protection because petitioner or

2respondent is a minor. The court, when determining whether or 
3not to issue
an order of protection, shall not require 
4physical manifestations of abuse
on the person of the victim. 
5Modification and extension of prior
orders of protection shall 
6be in accordance with this Act.

7 (b) Remedies and standards. The remedies to be included in 
8an order of
protection shall be determined in accordance with 
9this Section and one of
the following Sections, as 
10appropriate: Section 217 on emergency orders,
Section 218 on 
11interim orders, and Section 219 on plenary orders. The

12remedies listed in this subsection shall be in addition to 
13other civil or
criminal remedies available to petitioner.

14  (1) Prohibition of abuse, neglect, or exploitation. 
15 Prohibit
respondent's harassment, interference with 
16 personal liberty, intimidation
of a dependent, physical 
17 abuse, or willful deprivation, neglect or
exploitation, as 
18 defined in this Act, or stalking of the petitioner, as 
19 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
20 such abuse, neglect,
exploitation, or stalking has 
21 occurred or otherwise appears likely to occur if
not 
22 prohibited.

23  (2) Grant of exclusive possession of residence. 
24 Prohibit respondent from
entering or remaining in any 
25 residence, household, or premises of the petitioner,

26 including one owned or leased by respondent, if petitioner 
 
 
HB1270- 418 -LRB103 04864 RLC 49874 b


1 has a right to
occupancy thereof. The grant of exclusive 
2 possession of the residence, household, or premises shall 
3 not
affect title to real property, nor shall the court be 
4 limited by the standard
set forth in subsection (c-2) of 
5 Section 501 of the Illinois Marriage and Dissolution of 
6 Marriage
Act.

7   (A) Right to occupancy. A party has a right to 
8 occupancy of a
residence or household if it is solely 
9 or jointly owned or leased by that
party, that party's 
10 spouse, a person with a legal duty to support that 
11 party or
a minor child in that party's care, or by any 
12 person or entity other than the
opposing party that 
13 authorizes that party's occupancy (e.g., a domestic

14 violence shelter). Standards set forth in subparagraph 
15 (B) shall not preclude
equitable relief.

16   (B) Presumption of hardships. If petitioner and 
17 respondent
each has the right to occupancy of a 
18 residence or household, the court
shall balance (i) 
19 the hardships to respondent and any minor child or

20 dependent adult in respondent's care resulting from 
21 entry of this remedy with
(ii) the hardships to 
22 petitioner and any minor child or dependent adult in

23 petitioner's care resulting from continued exposure to 
24 the risk of abuse
(should petitioner remain at the 
25 residence or household) or from loss of
possession of 
26 the residence or household (should petitioner leave to 
 
 
HB1270- 419 -LRB103 04864 RLC 49874 b


1 avoid the
risk of abuse). When determining the balance 
2 of hardships, the court shall
also take into account 
3 the accessibility of the residence or household.

4 Hardships need not be balanced if respondent does not 
5 have a right to
occupancy.

6   The balance of hardships is presumed to favor 
7 possession by
petitioner unless the presumption is 
8 rebutted by a preponderance of the
evidence, showing 
9 that the hardships to respondent substantially 
10 outweigh
the hardships to petitioner and any minor 
11 child or dependent adult in
petitioner's care. The 
12 court, on the request of petitioner or on its own

13 motion, may order respondent to provide suitable, 
14 accessible, alternate housing
for petitioner instead 
15 of excluding respondent from a mutual residence or

16 household.

17  (3) Stay away order and additional prohibitions.
Order 
18 respondent to stay away from petitioner or any other 
19 person
protected by the order of protection, or prohibit 
20 respondent from entering
or remaining present at 
21 petitioner's school, place of employment, or other

22 specified places at times when petitioner is present, or 
23 both, if
reasonable, given the balance of hardships. 
24 Hardships need not be balanced for
the court to enter a 
25 stay away order or prohibit entry if respondent has no

26 right to enter the premises.

 
 
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1   (A) If an order of protection grants petitioner 
2 exclusive possession
of the residence, or prohibits 
3 respondent from entering the residence,
or orders 
4 respondent to stay away from petitioner or other

5 protected persons, then the court may allow respondent 
6 access to the
residence to remove items of clothing 
7 and personal adornment
used exclusively by respondent, 
8 medications, and other items as the court
directs. The 
9 right to access shall be exercised on only one 
10 occasion as the
court directs and in the presence of an 
11 agreed-upon adult third party or law
enforcement 
12 officer.

13   (B) When the petitioner and the respondent attend 
14 the same public, private, or non-public elementary, 
15 middle, or high school, the court when issuing an 
16 order of protection and providing relief shall 
17 consider the severity of the act, any continuing 
18 physical danger or emotional distress to the 
19 petitioner, the educational rights guaranteed to the 
20 petitioner and respondent under federal and State law, 
21 the availability of a transfer of the respondent to 
22 another school, a change of placement or a change of 
23 program of the respondent, the expense, difficulty, 
24 and educational disruption that would be caused by a 
25 transfer of the respondent to another school, and any 
26 other relevant facts of the case. The court may order 
 
 
HB1270- 421 -LRB103 04864 RLC 49874 b


1 that the respondent not attend the public, private, or 
2 non-public elementary, middle, or high school attended 
3 by the petitioner, order that the respondent accept a 
4 change of placement or change of program, as 
5 determined by the school district or private or 
6 non-public school, or place restrictions on the 
7 respondent's movements within the school attended by 
8 the petitioner.
The respondent bears the burden of 
9 proving by a preponderance of the evidence that a 
10 transfer, change of placement, or change of program of 
11 the respondent is not available. The respondent also 
12 bears the burden of production with respect to the 
13 expense, difficulty, and educational disruption that 
14 would be caused by a transfer of the respondent to 
15 another school. A transfer, change of placement, or 
16 change of program is not unavailable to the respondent 
17 solely on the ground that the respondent does not 
18 agree with the school district's or private or 
19 non-public school's transfer, change of placement, or 
20 change of program or solely on the ground that the 
21 respondent fails or refuses to consent or otherwise 
22 does not take an action required to effectuate a 
23 transfer, change of placement, or change of program.

24 When a court orders a respondent to stay away from the 
25 public, private, or non-public school attended by the 
26 petitioner and the respondent requests a transfer to 
 
 
HB1270- 422 -LRB103 04864 RLC 49874 b


1 another attendance center within the respondent's 
2 school district or private or non-public school, the 
3 school district or private or non-public school shall 
4 have sole discretion to determine the attendance 
5 center to which the respondent is transferred.
In the 
6 event the court order results in a transfer of the 
7 minor respondent to another attendance center, a 
8 change in the respondent's placement, or a change of 
9 the respondent's program, the parents, guardian, or 
10 legal custodian of the respondent is responsible for 
11 transportation and other costs associated with the 
12 transfer or change. 
13   (C) The court may order the parents, guardian, or 
14 legal custodian of a minor respondent to take certain 
15 actions or to refrain from taking certain actions to 
16 ensure that the respondent complies with the order. In 
17 the event the court orders a transfer of the 
18 respondent to another school, the parents, guardian, 
19 or legal custodian of the respondent is responsible 
20 for transportation and other costs associated with the 
21 change of school by the respondent. 
22  (4) Counseling. Require or recommend the respondent to 
23 undergo
counseling for a specified duration with a social 
24 worker, psychologist,
clinical psychologist, 
25 psychiatrist, family service agency, alcohol or
substance 
26 abuse program, mental health center guidance counselor, 
 
 
HB1270- 423 -LRB103 04864 RLC 49874 b


1 agency
providing services to elders, program designed for 
2 domestic violence
abusers or any other guidance service 
3 the court deems appropriate. The Court may order the 
4 respondent in any intimate partner relationship to report 
5 to an Illinois Department of Human Services protocol 
6 approved partner abuse intervention program for an 
7 assessment and to follow all recommended treatment. 

8  (5) Physical care and possession of the minor child. 
9 In order to protect
the minor child from abuse, neglect, 
10 or unwarranted separation from the person
who has been the 
11 minor child's primary caretaker, or to otherwise protect 
12 the
well-being of the minor child, the court may do either 
13 or both of the
following: (i) grant petitioner physical 
14 care or possession of the minor child,
or both, or (ii) 
15 order respondent to return a minor child to, or not remove 
16 a
minor child from, the physical care of a parent or person 
17 in loco parentis.

18  If a court finds, after a hearing, that respondent has 
19 committed abuse
(as defined in Section 103) of a minor 
20 child, there shall be a
rebuttable presumption that 
21 awarding physical care to respondent would not
be in the 
22 minor child's best interest.

23  (6) Temporary allocation of parental responsibilities: 
24 significant decision-making. Award temporary 
25 decision-making responsibility to petitioner
in accordance 
26 with this Section, the Illinois Marriage and Dissolution 
 
 
HB1270- 424 -LRB103 04864 RLC 49874 b


1 of
Marriage Act, the Illinois Parentage Act of 2015, and 
2 this State's Uniform
Child-Custody Jurisdiction and 
3 Enforcement Act. 

4  If a court finds, after a hearing, that respondent has 
5 committed abuse (as
defined in Section 103) of a minor 
6 child, there shall be a rebuttable
presumption that 
7 awarding temporary significant decision-making 
8 responsibility to respondent would not be in
the child's 
9 best interest.

10  (7) Parenting time. Determine the parenting time, if 
11 any, of respondent in
any case in which the court awards 
12 physical care or allocates temporary significant 
13 decision-making responsibility of
a minor child to 
14 petitioner. The court shall restrict or deny respondent's 
15 parenting time
with a minor child if the court finds that 
16 respondent has done or is
likely to do any of the 
17 following: (i) abuse or endanger the minor child during 
18 parenting time; (ii) use the parenting time as an 
19 opportunity to abuse or harass
petitioner or petitioner's 
20 family or household members; (iii) improperly
conceal or 
21 detain the minor child; or (iv) otherwise act in a manner 
22 that is
not in the best interests of the minor child. The 
23 court shall not be limited
by the standards set forth in 
24 Section 603.10 of the Illinois Marriage and
Dissolution of 
25 Marriage Act. If the court grants parenting time, the 
26 order shall
specify dates and times for the parenting time 
 
 
HB1270- 425 -LRB103 04864 RLC 49874 b


1 to take place or other specific
parameters or conditions 
2 that are appropriate. No order for parenting time shall

3 refer merely to the term "reasonable parenting time".

4  Petitioner may deny respondent access to the minor 
5 child if, when
respondent arrives for parenting time, 
6 respondent is under the influence of drugs
or alcohol and 
7 constitutes a threat to the safety and well-being of

8 petitioner or petitioner's minor children or is behaving 
9 in a violent or
abusive manner.

10  If necessary to protect any member of petitioner's 
11 family or
household from future abuse, respondent shall be 
12 prohibited from coming to
petitioner's residence to meet 
13 the minor child for parenting time, and the
parties shall 
14 submit to the court their recommendations for reasonable

15 alternative arrangements for parenting time. A person may 
16 be approved to
supervise parenting time only after filing 
17 an affidavit accepting
that responsibility and 
18 acknowledging accountability to the court.

19  (8) Removal or concealment of minor child. Prohibit 
20 respondent from
removing a minor child from the State or 
21 concealing the child within the State.


22  (9) Order to appear. Order the respondent to appear in 
23 court, alone
or with a minor child, to prevent abuse, 
24 neglect, removal or concealment of
the child, to return 
25 the child to the custody or care of the petitioner or
to 
26 permit any court-ordered interview or examination of the 
 
 
HB1270- 426 -LRB103 04864 RLC 49874 b


1 child or the
respondent.

2  (10) Possession of personal property. Grant petitioner 
3 exclusive
possession of personal property and, if 
4 respondent has possession or
control, direct respondent to 
5 promptly make it available to petitioner, if:

6   (i) petitioner, but not respondent, owns the 
7 property; or

8   (ii) the parties own the property jointly; sharing 
9 it would risk
abuse of petitioner by respondent or is 
10 impracticable; and the balance of
hardships favors 
11 temporary possession by petitioner.

12  If petitioner's sole claim to ownership of the 
13 property is that it is
marital property, the court may 
14 award petitioner temporary possession
thereof under the 
15 standards of subparagraph (ii) of this paragraph only if
a 
16 proper proceeding has been filed under the Illinois 
17 Marriage and
Dissolution of Marriage Act, as now or 
18 hereafter amended.

19  No order under this provision shall affect title to 
20 property.

21  (11) Protection of property. Forbid the respondent 
22 from taking,
transferring, encumbering, concealing, 
23 damaging or otherwise disposing of
any real or personal 
24 property, except as explicitly authorized by the
court, 
25 if:

26   (i) petitioner, but not respondent, owns the 
 
 
HB1270- 427 -LRB103 04864 RLC 49874 b


1 property; or

2   (ii) the parties own the property jointly,
and the 
3 balance of hardships favors granting this remedy.

4  If petitioner's sole claim to ownership of the 
5 property is that it is
marital property, the court may 
6 grant petitioner relief under subparagraph
(ii) of this 
7 paragraph only if a proper proceeding has been filed under 
8 the
Illinois Marriage and Dissolution of Marriage Act, as 
9 now or hereafter amended.

10  The court may further prohibit respondent from 
11 improperly using the
financial or other resources of an 
12 aged member of the family or household
for the profit or 
13 advantage of respondent or of any other person.

14  (11.5) Protection of animals. Grant the petitioner the 
15 exclusive care, custody, or control of any animal owned, 
16 possessed, leased, kept, or held by either the petitioner 
17 or the respondent or a minor child residing in the 
18 residence or household of either the petitioner or the 
19 respondent and order the respondent to stay away from the 
20 animal and forbid the respondent from taking, 
21 transferring, encumbering, concealing, harming, or 
22 otherwise disposing of the animal.

23  (12) Order for payment of support. Order respondent to 
24 pay temporary
support for the petitioner or any child in 
25 the petitioner's care or over whom the petitioner has been 
26 allocated parental responsibility, when the respondent has 
 
 
HB1270- 428 -LRB103 04864 RLC 49874 b


1 a legal obligation to support that person,
in accordance 
2 with the Illinois Marriage and Dissolution
of Marriage 
3 Act, which shall govern, among other matters, the amount 
4 of
support, payment through the clerk and withholding of 
5 income to secure
payment. An order for child support may 
6 be granted to a petitioner with
lawful physical care of a 
7 child, or an order or agreement for
physical care of a 
8 child, prior to entry of an order allocating significant 
9 decision-making responsibility.
Such a support order shall 
10 expire upon entry of a valid order allocating parental 
11 responsibility differently and vacating the petitioner's 
12 significant decision-making authority, unless otherwise 
13 provided in the order.

14  (13) Order for payment of losses. Order respondent to 
15 pay petitioner for
losses suffered as a direct result of 
16 the abuse, neglect, or exploitation.
Such losses shall 
17 include, but not be limited to, medical expenses, lost

18 earnings or other support, repair or replacement of 
19 property damaged or taken,
reasonable attorney's fees, 
20 court costs and moving or other travel expenses,
including 
21 additional reasonable expenses for temporary shelter and 
22 restaurant
meals.

23   (i) Losses affecting family needs. If a party is 
24 entitled to seek
maintenance, child support or 
25 property distribution from the other party
under the 
26 Illinois Marriage and Dissolution of Marriage Act, as 
 
 
HB1270- 429 -LRB103 04864 RLC 49874 b


1 now or
hereafter amended, the court may order 
2 respondent to reimburse petitioner's
actual losses, to 
3 the extent that such reimbursement would be 
4 "appropriate
temporary relief", as authorized by 
5 subsection (a)(3) of Section 501 of
that Act.

6   (ii) Recovery of expenses. In the case of an 
7 improper concealment
or removal of a minor child, the 
8 court may order respondent to pay the
reasonable 
9 expenses incurred or to be incurred in the search for 
10 and recovery
of the minor child, including but not 
11 limited to legal fees, court costs,
private 
12 investigator fees, and travel costs.

13  (14) Prohibition of entry. Prohibit the respondent 
14 from entering or
remaining in the residence or household 
15 while the respondent is under the
influence of alcohol or 
16 drugs and constitutes a threat to the safety and

17 well-being of the petitioner or the petitioner's children.

18  (14.5) Prohibition of firearm possession.

19   (a) Prohibit a respondent against whom an order of 
20 protection was issued from possessing any firearms 
21 during the duration of the order if the order:
22    (1) was issued after a hearing of which such 
23 person received
actual notice, and at which such 
24 person had an opportunity to
participate;
25    (2) restrains such person from harassing, 
26 stalking, or
threatening an intimate partner of 
 
 
HB1270- 430 -LRB103 04864 RLC 49874 b


1 such person or child of such
intimate partner or 
2 person, or engaging in other conduct that
would 
3 place an intimate partner in reasonable fear of 
4 bodily
injury to the partner or child; and
5    (3)(i) includes a finding that such person 
6 represents a
credible threat to the physical 
7 safety of such intimate partner
or child; or
(ii) 
8 by its terms explicitly prohibits the use, 
9 attempted
use, or threatened use of physical force 
10 against such intimate
partner or child that would 
11 reasonably be expected to cause
bodily injury.
12  Any Firearm Owner's Identification Card in the

13 possession of the respondent, except as provided in 
14 subsection (b), shall be ordered by the court to be 
15 turned
over to the local law enforcement agency. The 
16 local law enforcement agency shall immediately mail 
17 the card to the Illinois State Police Firearm Owner's 
18 Identification Card Office
for safekeeping. The court 
19 shall
issue a warrant for seizure of any firearm in the 
20 possession of the respondent, to be kept by the local 
21 law enforcement agency for safekeeping, except as 
22 provided in subsection (b).
The period of safekeeping 
23 shall be for the duration of the order of protection. 
24 The firearm or firearms and Firearm Owner's 
25 Identification Card, if unexpired, shall, at the 
26 respondent's request, be returned to the respondent at 
 
 
HB1270- 431 -LRB103 04864 RLC 49874 b


1 the end
of the order of protection. It is the 
2 respondent's responsibility to notify the Illinois 
3 State Police Firearm Owner's Identification Card 
4 Office. 

5   (b) 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 order of 
13 protection.

14   (c) 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 
 
 
HB1270- 432 -LRB103 04864 RLC 49874 b


1 respondent. 
2  (15) Prohibition of access to records. If an order of 
3 protection
prohibits respondent from having contact with 
4 the minor child,
or if petitioner's address is omitted 
5 under subsection (b) of
Section 203, or if necessary to 
6 prevent abuse or wrongful removal or
concealment of a 
7 minor child, the order shall deny respondent access to, 
8 and
prohibit respondent from inspecting, obtaining, or 
9 attempting to
inspect or obtain, school or any other 
10 records of the minor child
who is in the care of 
11 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 further abuse, neglect, 
20 or exploitation of a high-risk adult with
disabilities or 
21 to effectuate one of the granted remedies, if supported by 
22 the
balance of hardships. If the harm to be prevented by 
23 the injunction is abuse
or any other harm that one of the 
24 remedies listed in paragraphs (1) through
(16) of this 
25 subsection is designed to prevent, no further evidence is

26 necessary that the harm is an irreparable injury.

 
 
HB1270- 433 -LRB103 04864 RLC 49874 b


1  (18) Telephone services.
2   (A) Unless a condition described in subparagraph 
3 (B) of this paragraph exists, the court may, upon 
4 request by the petitioner, order a wireless telephone 
5 service provider to transfer to the petitioner the 
6 right to continue to use a telephone number or numbers 
7 indicated by the petitioner and the financial 
8 responsibility associated with the number or numbers, 
9 as set forth in subparagraph (C) of this paragraph. 
10 For purposes of this paragraph (18), the term 
11 "wireless telephone service provider" means a provider 
12 of commercial mobile service as defined in 47 U.S.C. 
13 332. The petitioner may request the transfer of each 
14 telephone number that the petitioner, or a minor child 
15 in his or her custody, uses. The clerk of the court 
16 shall serve the order on the wireless telephone 
17 service provider's agent for service of process 
18 provided to the Illinois Commerce Commission. The 
19 order shall contain all of the following:
20    (i) The name and billing telephone number of 
21 the account holder including the name of the 
22 wireless telephone service provider that serves 
23 the account.
24    (ii) Each telephone number that will be 
25 transferred.
26    (iii) A statement that the provider transfers 
 
 
HB1270- 434 -LRB103 04864 RLC 49874 b


1 to the petitioner all financial responsibility for 
2 and right to the use of any telephone number 
3 transferred under this paragraph.
4   (B) A wireless telephone service provider shall 
5 terminate the respondent's use of, and shall transfer 
6 to the petitioner use of, the telephone number or 
7 numbers indicated in subparagraph (A) of this 
8 paragraph unless it notifies the petitioner, within 72 
9 hours after it receives the order, that one of the 
10 following applies:
11    (i) The account holder named in the order has 
12 terminated the account.
13    (ii) A difference in network technology would 
14 prevent or impair the functionality of a device on 
15 a network if the transfer occurs.
16    (iii) The transfer would cause a geographic or 
17 other limitation on network or service provision 
18 to the petitioner.
19    (iv) Another technological or operational 
20 issue would prevent or impair the use of the 
21 telephone number if the transfer occurs.
22   (C) The petitioner assumes all financial 
23 responsibility for and right to the use of any 
24 telephone number transferred under this paragraph. In 
25 this paragraph, "financial responsibility" includes 
26 monthly service costs and costs associated with any 
 
 
HB1270- 435 -LRB103 04864 RLC 49874 b


1 mobile device associated with the number.
2   (D) A wireless telephone service provider may 
3 apply to the petitioner its routine and customary 
4 requirements for establishing an account or 
5 transferring a number, including requiring the 
6 petitioner to provide proof of identification, 
7 financial information, and customer preferences.

8   (E) Except for willful or wanton misconduct, a 
9 wireless telephone service provider is immune from 
10 civil liability for its actions taken in compliance 
11 with a court order issued under this paragraph.
12   (F) All wireless service providers that provide 
13 services to residential customers shall provide to the 
14 Illinois Commerce Commission the name and address of 
15 an agent for service of orders entered under this 
16 paragraph (18). Any change in status of the registered 
17 agent must be reported to the Illinois Commerce 
18 Commission within 30 days of such change. 
19   (G) The Illinois Commerce Commission shall 
20 maintain the list of registered agents for service for 
21 each wireless telephone service provider on the 
22 Commission's website. The Commission may consult with 
23 wireless telephone service providers and the Circuit 
24 Court Clerks on the manner in which this information 
25 is provided and displayed. 
26 (c) Relevant factors; findings.

 
 
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1  (1) In determining whether to grant a specific remedy, 
2 other than
payment of support, the court shall consider

3 relevant factors, including but not limited to the 
4 following:

5   (i) the nature, frequency, severity, pattern and 
6 consequences of the
respondent's past abuse, neglect 
7 or exploitation of the petitioner or
any family or 
8 household member, including the concealment of his or 
9 her
location in order to evade service of process or 
10 notice, and the likelihood of
danger of future abuse, 
11 neglect, or exploitation to petitioner or any member 
12 of
petitioner's or respondent's family or household; 
13 and

14   (ii) the danger that any minor child will be 
15 abused or neglected or
improperly relocated from the 
16 jurisdiction, improperly concealed within the
State or 
17 improperly separated from the child's primary 
18 caretaker.

19  (2) In comparing relative hardships resulting to the 
20 parties from loss
of possession of the family home, the 
21 court shall consider relevant
factors, including but not 
22 limited to the following:

23   (i) availability, accessibility, cost, safety, 
24 adequacy, location and
other characteristics of 
25 alternate housing for each party and any minor child

26 or dependent adult in the party's care;

 
 
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1   (ii) the effect on the party's employment; and

2   (iii) the effect on the relationship of the party, 
3 and any minor
child or dependent adult in the party's 
4 care, to family, school, church
and community.

5  (3) Subject to the exceptions set forth in paragraph 
6 (4) of this
subsection, the court shall make its findings 
7 in an official record or in
writing, and shall at a minimum 
8 set forth the following:

9   (i) That the court has considered the applicable 
10 relevant factors
described in paragraphs (1) and (2) 
11 of this subsection.

12   (ii) Whether the conduct or actions of respondent, 
13 unless
prohibited, will likely cause irreparable harm 
14 or continued abuse.

15   (iii) Whether it is necessary to grant the 
16 requested relief in order
to protect petitioner or 
17 other alleged abused persons.

18  (4) For purposes of issuing an ex parte emergency 
19 order of protection,
the court, as an alternative to or as 
20 a supplement to making the findings
described in 
21 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
22 subsection, may
use the following procedure:

23  When a verified petition for an emergency order of 
24 protection in
accordance with the requirements of Sections 
25 203 and 217 is
presented to the court, the court shall 
26 examine petitioner on oath or
affirmation. An emergency 
 
 
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1 order of protection shall be issued by the court
if it 
2 appears from the contents of the petition and the 
3 examination of
petitioner that the averments are 
4 sufficient to indicate abuse by
respondent and to support 
5 the granting of relief under the issuance of the
emergency 
6 order of protection.

7  (5) Never married parties. No rights or 
8 responsibilities for a minor
child born outside of 
9 marriage attach to a putative father until a father and

10 child relationship has been established under the Illinois 
11 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
12 the Illinois Public Aid Code, Section 12 of the Vital 
13 Records Act, the
Juvenile Court Act of 1987, the Probate 
14 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
15 Support Act, the Uniform Interstate Family Support
Act, 
16 the Expedited Child Support Act of 1990, any judicial, 
17 administrative, or
other act of another state or 
18 territory, any other Illinois statute, or by any
foreign 
19 nation establishing the father and child relationship, any 
20 other
proceeding substantially in conformity with the 
21 Personal Responsibility and
Work Opportunity 
22 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
23 both
parties appeared in open court or at an 
24 administrative hearing acknowledging
under
oath or 
25 admitting by affirmation the existence of a father and 
26 child
relationship.
Absent such an adjudication, finding, 
 
 
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1 or acknowledgment, no putative
father shall be granted

2 temporary allocation of parental responsibilities, 
3 including parenting time with the minor child, or
physical 
4 care and possession of the minor child, nor shall an order 
5 of payment
for support of the minor child be entered.

6 (d) Balance of hardships; findings. If the court finds 
7that the balance
of hardships does not support the granting of 
8a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
9subsection (b) of this Section,
which may require such 
10balancing, the court's findings shall so
indicate and shall 
11include a finding as to whether granting the remedy will

12result in hardship to respondent that would substantially 
13outweigh the hardship
to petitioner from denial of the remedy. 
14The findings shall be an official
record or in writing.

15 (e) Denial of remedies. Denial of any remedy shall not be 
16based, in
whole or in part, on evidence that:

17  (1) Respondent has cause for any use of force, unless 
18 that cause
satisfies the standards for justifiable use of 
19 force provided by Article
7 of the Criminal Code of 2012;

20  (2) Respondent was voluntarily intoxicated;

21  (3) Petitioner acted in self-defense or defense of 
22 another, provided
that, if petitioner utilized force, such 
23 force was justifiable under
Article 7 of the Criminal Code 
24 of 2012; 

25  (4) Petitioner did not act in self-defense or defense 
26 of another;

 
 
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1  (5) Petitioner left the residence or household to 
2 avoid further abuse,
neglect, or exploitation by 
3 respondent;

4  (6) Petitioner did not leave the residence or 
5 household to avoid further
abuse, neglect, or exploitation 
6 by respondent;

7  (7) Conduct by any family or household member excused 
8 the abuse,
neglect, or exploitation by respondent, unless 
9 that same conduct would have
excused such abuse, neglect, 
10 or exploitation if the parties had not been
family or 
11 household members.

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


13 Section 115. The Uniform Disposition of Unclaimed Property 
14Act is amended by changing Section 1 as follows:




15 (765 ILCS 1025/1) (from Ch. 141, par. 101)



16 Sec. 1. As used in this Act, unless the context otherwise 
17requires: 

18 (a) "Banking organization" means any bank, trust company, 
19savings bank,
industrial bank, land bank, safe deposit 
20company, or a private banker.

21 (b) "Business association" means any corporation, joint 
22stock company,
business trust, partnership, or any

23association, limited liability company, or other business 
24entity consisting
of one or more persons, whether or not for 
 
 
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1profit.

2 (c) "Financial organization" means any savings and loan 
3association,
building and loan association, credit union, 
4currency exchange,
co-operative bank, mutual funds, or 
5investment company.

6 (d) "Holder" means any person in possession of property 
7subject to this
Act belonging to another, or who is trustee in 
8case of a trust, or is
indebted to another on an obligation 
9subject to this Act.

10 (e) "Life insurance corporation" means any association or 
11corporation
transacting the business of insurance on the lives 
12of
persons or insurance appertaining thereto, including, but 
13not by way of
limitation, endowments and annuities.

14 (f) "Owner" means a depositor in case of a deposit, a 
15beneficiary in
case of a trust, a creditor, claimant, or payee 
16in case of other property, or any person having a legal or 
17equitable interest in property
subject to this Act, or his 
18legal representative.

19 (g) "Person" means any individual, business association, 
20financial
organization, government or
political subdivision or 
21agency, public authority,
estate, trust, or any other legal or

22commercial entity.

23 (h) "Utility" means any person who owns or operates,
for 
24public use, any plant, equipment, property, franchise, or 
25license for
the transmission of communications or the 
26production, storage,
transmission, sale, delivery, or 
 
 
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1furnishing of electricity, water,
steam, oil or gas.

2 (i) (Blank).

3 (j) "Insurance company" means any person transacting the 
4kinds of
business enumerated in Section 4 of the Illinois 
5Insurance Code other than
life insurance.

6 (k) "Economic loss", as used in Sections 2a and 9 of this 
7Act includes,
but is not limited to,
delivery charges, 
8mark-downs and write-offs, carrying
costs, restocking charges, 
9lay-aways, special orders, issuance of credit memos,
and the 
10costs of special services or goods
provided that reduce the 
11property value or that result in lost sales
opportunity.

12 (l) "Reportable property" means property, tangible or 
13intangible, presumed
abandoned under this Act that must be 
14appropriately and timely reported and
remitted to the Office 
15of the State Treasurer under this
Act. Interest, dividends, 
16stock splits,
warrants, or other rights that become reportable 
17property under this Act
include the underlying security or 
18commodity giving rise to the interest,
dividend, split, 
19warrant, or other right to which the owner would be entitled.

20 (m) "Firearm" has the meaning ascribed to that term in 
21Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

22Identification Card Act.

23(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 
2491-748, eff. 6-2-00.)



25 Section 120. The Revised Uniform Unclaimed Property Act is 
 
 
HB1270- 443 -LRB103 04864 RLC 49874 b


1amended by changing Section 15-705 as follows:

2 (765 ILCS 1026/15-705)

3 Sec. 15-705. Exceptions to the sale of tangible property. 
4The administrator shall dispose of tangible property 
5identified by this Section in accordance with this Section.
6 (a) Military medals or decorations. The administrator may 
7not sell a medal or decoration awarded for military service in 
8the armed forces of the United States. Instead, the 
9administrator, with the consent of the respective organization 
10under paragraph (1), agency under paragraph (2), or entity 
11under paragraph (3), may deliver a medal or decoration to be 
12held in custody for the owner, to:
13  (1) a military veterans organization qualified under 
14 Section 501(c)(19) of the Internal Revenue Code;
15  (2) the agency that awarded the medal or decoration; 
16 or
17  (3) a governmental entity.
18 After delivery, the administrator is not responsible for 
19the safekeeping of the medal or decoration.
20 (b) Property with historical value. Property that the 
21administrator reasonably believes may have historical value 
22may be, at his or her discretion, loaned to an accredited 
23museum in the United States where it will be kept until such 
24time as the administrator orders it to be returned to his or 
25her custody.
 
 
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1 (c) Human remains. If human remains are delivered to the 
2administrator under this Act, the administrator shall deliver 
3those human remains to the coroner of the county in which the 
4human remains were abandoned for disposition under Section 
53-3034 of the Counties Code. The only human remains that may be 
6delivered to the administrator under this Act and that the 
7administrator may receive are those that are reported and 
8delivered as contents of a safe deposit box.
9 (d) Evidence in a criminal investigation. Property that 
10may have been used in the commission of a crime or that may 
11assist in the investigation of a crime, as determined after 
12consulting with the Illinois State Police, shall be delivered 
13to the Illinois State Police or other appropriate law 
14enforcement authority to allow law enforcement to determine 
15whether a criminal investigation should take place. Any such 
16property delivered to a law enforcement authority shall be 
17held in accordance with existing statutes and rules related to 
18the gathering, retention, and release of evidence.
19 (e) Firearms.
20  (1) The administrator, in cooperation with the 
21 Illinois State Police, shall develop a procedure to 
22 determine whether a firearm delivered to the administrator 
23 under this Act has been stolen or used in the commission of 
24 a crime. The Illinois State Police shall determine the 
25 appropriate disposition of a firearm that has been stolen 
26 or used in the commission of a crime. The administrator 
 
 
HB1270- 445 -LRB103 04864 RLC 49874 b


1 shall attempt to return a firearm that has not been stolen 
2 or used in the commission of a crime to the rightful owner 
3 if the Illinois State Police determines that the owner may 
4 lawfully possess the firearm.
5  (2) If the administrator is unable to return a firearm 
6 to its owner, the administrator shall transfer custody of 
7 the firearm to the Illinois State Police. Legal title to a 
8 firearm transferred to the Illinois State Police under 
9 this subsection (e) is vested in the Illinois State Police 
10 by operation of law if:
11   (i) the administrator cannot locate the owner of 
12 the firearm;
13   (ii) the owner of the firearm may not lawfully 
14 possess the firearm;
15   (iii) the apparent owner does not respond to 
16 notice published under Section 15-503 of this Act; or
17   (iv) the apparent owner responds to notice 
18 published under Section 15-502 and states that he or 
19 she no longer claims an interest in the firearm.
20  (3) With respect to a firearm whose title is 
21 transferred to the Illinois State Police under this 
22 subsection (e), the Illinois State Police may:
23   (i) retain the firearm for use by the crime 
24 laboratory system, for training purposes, or for any 
25 other application as deemed appropriate by the 
26 Department;
 
 
HB1270- 446 -LRB103 04864 RLC 49874 b


1   (ii) transfer the firearm to the Illinois State 
2 Museum if the firearm has historical value; or
3   (iii) destroy the firearm if it is not retained 
4 pursuant to subparagraph (i) or transferred pursuant 
5 to subparagraph (ii).
6 As used in this subsection, "firearm" has the meaning 
7provided in Section 2-7.5 of the Criminal Code of 2012 the 
8Firearm Owners Identification Card Act.

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

10 Section 995. No acceleration or delay. Where this Act 
11makes changes in a statute that is represented in this Act by 
12text that is not yet or no longer in effect (for example, a 
13Section represented by multiple versions), the use of that 
14text does not accelerate or delay the taking effect of (i) the 
15changes made by this Act or (ii) provisions derived from any 
16other Public Act.

17 Section 999. Effective date. This Act takes effect upon 
18becoming law.

                
 
 
HB1270- 447 -LRB103 04864 RLC 49874 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 805/805-538
9 20 ILCS 2505/2505-306
10 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13 20 ILCS 2605/2605-595
14 20 ILCS 2605/2605-605
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2605/2605-610 rep.
17 20 ILCS 2610/17b
18 20 ILCS 2630/2.2
19 20 ILCS 2910/1from Ch. 127 1/2, par. 501
20 20 ILCS 3930/7.9
21 30 ILCS 105/6z-99
22 30 ILCS 105/6z-127
23 30 ILCS 715/3from Ch. 56 1/2, par. 1703
24 50 ILCS 710/1from Ch. 85, par. 515
25 50 ILCS 725/7.2 rep.
                  
 
 
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1 55 ILCS 5/3-6042
2 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
3 105 ILCS 5/10-27.1A
4 105 ILCS 5/34-8.05
5 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
6 225 ILCS 447/35-30
7 225 ILCS 447/35-35
8 230 ILCS 10/5.4
9 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
10 405 ILCS 5/6-103.1
11 405 ILCS 5/6-103.2
12 405 ILCS 5/6-103.3
13 410 ILCS 45/2from Ch. 111 1/2, par. 1302
14 430 ILCS 65/Act rep.
15 430 ILCS 66/25
16 430 ILCS 66/30
17 430 ILCS 66/40
18 430 ILCS 66/66
19 430 ILCS 66/70
20 430 ILCS 66/80
21 430 ILCS 66/105
22 430 ILCS 67/35
23 430 ILCS 67/40
24 430 ILCS 68/5-20
25 430 ILCS 68/5-25
26 430 ILCS 68/5-40
                               
 
 
HB1270- 449 -LRB103 04864 RLC 49874 b


1 430 ILCS 68/5-85
2 520 ILCS 5/3.2from Ch. 61, par. 3.2
3 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
4 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
5 720 ILCS 5/2-7.1
6 720 ILCS 5/2-7.5
7 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
8 720 ILCS 5/16-0.1
9 720 ILCS 5/17-30was 720 ILCS 5/16C-2
10 720 ILCS 5/24-1from Ch. 38, par. 24-1
11 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
12 720 ILCS 5/24-1.6
13 720 ILCS 5/24-1.8
14 720 ILCS 5/24-2
15 720 ILCS 5/24-3from Ch. 38, par. 24-3
16 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
17 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
18 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
19 720 ILCS 5/24-3.5
20 720 ILCS 5/24-3B
21 720 ILCS 5/24-4.1
22 720 ILCS 5/24-4.5 new
23 720 ILCS 5/24-5.1
24 720 ILCS 5/24-9
25 720 ILCS 646/10
26 725 ILCS 5/102-7.1
 
 
HB1270- 450 -LRB103 04864 RLC 49874 b