|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1412 Introduced 2/9/2017, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 5/24-2 | |
730 ILCS 110/17 | |
|
Amends the Criminal Code of 2012 and the Probation and Probation Officers Act. Provides that probation officers may carry firearms and certain other specified weapons if they have received the prior
consent of the Chief Judge of the Circuit Court for which they
are employed, and they have received weapons training according
to requirements of the Peace Officer and Probation Officer Firearm Training Act. Deletes provisions that they may only carry those weapons while in the performance of their duties, or
while commuting between their homes, places of employment or specific locations
that are part of their assigned duties. Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | SB1412 | | LRB100 08650 RLC 18785 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 24-2 as follows:
|
| 6 | | (720 ILCS 5/24-2)
|
| 7 | | Sec. 24-2. Exemptions.
|
| 8 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| 9 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
| 10 | | the following:
|
| 11 | | (1) Peace officers, and any person summoned by a peace |
| 12 | | officer to
assist in making arrests or preserving the |
| 13 | | peace, while actually engaged in
assisting such officer.
|
| 14 | | (2) Wardens, superintendents and keepers of prisons,
|
| 15 | | penitentiaries, jails and other institutions for the |
| 16 | | detention of persons
accused or convicted of an offense, |
| 17 | | while in the performance of their
official duty, or while |
| 18 | | commuting between their homes and places of employment.
|
| 19 | | (3) Members of the Armed Services or Reserve Forces of |
| 20 | | the United States
or the Illinois National Guard or the |
| 21 | | Reserve Officers Training Corps,
while in the performance |
| 22 | | of their official duty.
|
| 23 | | (4) Special agents employed by a railroad or a public |
|
| | SB1412 | - 2 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | utility to
perform police functions, and guards of armored |
| 2 | | car companies, while
actually engaged in the performance of |
| 3 | | the duties of their employment or
commuting between their |
| 4 | | homes and places of employment; and watchmen
while actually |
| 5 | | engaged in the performance of the duties of their |
| 6 | | employment.
|
| 7 | | (5) Persons licensed as private security contractors, |
| 8 | | private
detectives, or private alarm contractors, or |
| 9 | | employed by a private security contractor, private |
| 10 | | detective, or private alarm contractor agency licensed
by |
| 11 | | the Department of Financial and Professional Regulation, |
| 12 | | if their duties
include the carrying of a weapon under the |
| 13 | | provisions of the Private
Detective, Private Alarm,
|
| 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
| 15 | | 2004,
while actually
engaged in the performance of the |
| 16 | | duties of their employment or commuting
between their homes |
| 17 | | and places of employment. A person shall be considered |
| 18 | | eligible for this
exemption if he or she has completed the |
| 19 | | required 20
hours of training for a private security |
| 20 | | contractor, private
detective, or private alarm |
| 21 | | contractor, or employee of a licensed private security |
| 22 | | contractor, private detective, or private alarm contractor |
| 23 | | agency and 20 hours of required firearm
training, and has |
| 24 | | been issued a firearm control card by
the Department of |
| 25 | | Financial and Professional Regulation. Conditions for the |
| 26 | | renewal of
firearm control cards issued under the |
|
| | SB1412 | - 3 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | provisions of this Section
shall be the same as for those |
| 2 | | cards issued under the provisions of the
Private Detective, |
| 3 | | Private Alarm,
Private Security, Fingerprint Vendor, and |
| 4 | | Locksmith Act of 2004. The
firearm control card shall be |
| 5 | | carried by the private security contractor, private
|
| 6 | | detective, or private alarm contractor, or employee of the |
| 7 | | licensed private security contractor, private detective, |
| 8 | | or private alarm contractor agency at all
times when he or |
| 9 | | she is in possession of a concealable weapon permitted by |
| 10 | | his or her firearm control card.
|
| 11 | | (6) Any person regularly employed in a commercial or |
| 12 | | industrial
operation as a security guard for the protection |
| 13 | | of persons employed
and private property related to such |
| 14 | | commercial or industrial
operation, while actually engaged |
| 15 | | in the performance of his or her
duty or traveling between |
| 16 | | sites or properties belonging to the
employer, and who, as |
| 17 | | a security guard, is a member of a security force |
| 18 | | registered with the Department of Financial and |
| 19 | | Professional
Regulation; provided that such security guard |
| 20 | | has successfully completed a
course of study, approved by |
| 21 | | and supervised by the Department of
Financial and |
| 22 | | Professional Regulation, consisting of not less than 40 |
| 23 | | hours of training
that includes the theory of law |
| 24 | | enforcement, liability for acts, and the
handling of |
| 25 | | weapons. A person shall be considered eligible for this
|
| 26 | | exemption if he or she has completed the required 20
hours |
|
| | SB1412 | - 4 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | of training for a security officer and 20 hours of required |
| 2 | | firearm
training, and has been issued a firearm control |
| 3 | | card by
the Department of Financial and Professional |
| 4 | | Regulation. Conditions for the renewal of
firearm control |
| 5 | | cards issued under the provisions of this Section
shall be |
| 6 | | the same as for those cards issued under the provisions of |
| 7 | | the
Private Detective, Private Alarm,
Private Security, |
| 8 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
| 9 | | control card shall be carried by the security guard at all
|
| 10 | | times when he or she is in possession of a concealable |
| 11 | | weapon permitted by his or her firearm control card.
|
| 12 | | (7) Agents and investigators of the Illinois |
| 13 | | Legislative Investigating
Commission authorized by the |
| 14 | | Commission to carry the weapons specified in
subsections |
| 15 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
| 16 | | any investigation for the Commission.
|
| 17 | | (8) Persons employed by a financial institution as a |
| 18 | | security guard for the protection of
other employees and |
| 19 | | property related to such financial institution, while
|
| 20 | | actually engaged in the performance of their duties, |
| 21 | | commuting between
their homes and places of employment, or |
| 22 | | traveling between sites or
properties owned or operated by |
| 23 | | such financial institution, and who, as a security guard, |
| 24 | | is a member of a security force registered with the |
| 25 | | Department; provided that
any person so employed has |
| 26 | | successfully completed a course of study,
approved by and |
|
| | SB1412 | - 5 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | supervised by the Department of Financial and Professional |
| 2 | | Regulation,
consisting of not less than 40 hours of |
| 3 | | training which includes theory of
law enforcement, |
| 4 | | liability for acts, and the handling of weapons.
A person |
| 5 | | shall be considered to be eligible for this exemption if he |
| 6 | | or
she has completed the required 20 hours of training for |
| 7 | | a security officer
and 20 hours of required firearm |
| 8 | | training, and has been issued a
firearm control card by the |
| 9 | | Department of Financial and Professional Regulation.
|
| 10 | | Conditions for renewal of firearm control cards issued |
| 11 | | under the
provisions of this Section shall be the same as |
| 12 | | for those issued under the
provisions of the Private |
| 13 | | Detective, Private Alarm,
Private Security, Fingerprint |
| 14 | | Vendor, and Locksmith Act of 2004. The
firearm control card |
| 15 | | shall be carried by the security guard at all times when he |
| 16 | | or she is in possession of a concealable
weapon permitted |
| 17 | | by his or her firearm control card. For purposes of this |
| 18 | | subsection, "financial institution" means a
bank, savings |
| 19 | | and loan association, credit union or company providing
|
| 20 | | armored car services.
|
| 21 | | (9) Any person employed by an armored car company to |
| 22 | | drive an armored
car, while actually engaged in the |
| 23 | | performance of his duties.
|
| 24 | | (10) Persons who have been classified as peace officers |
| 25 | | pursuant
to the Peace Officer Fire Investigation Act.
|
| 26 | | (11) Investigators of the Office of the State's |
|
| | SB1412 | - 6 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | Attorneys Appellate
Prosecutor authorized by the board of |
| 2 | | governors of the Office of the
State's Attorneys Appellate |
| 3 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
| 4 | | State's Attorneys Appellate Prosecutor's Act.
|
| 5 | | (12) Special investigators appointed by a State's |
| 6 | | Attorney under
Section 3-9005 of the Counties Code.
|
| 7 | | (12.5) Probation officers while in the performance of |
| 8 | | their duties, or
while commuting between their homes, |
| 9 | | places of employment or specific locations
that are part of |
| 10 | | their assigned duties, with the consent of the chief judge |
| 11 | | of
the circuit for which they are employed, if they have |
| 12 | | received weapons training according
to requirements of the |
| 13 | | Peace Officer and Probation Officer Firearm Training Act.
|
| 14 | | (13) Court Security Officers while in the performance |
| 15 | | of their official
duties, or while commuting between their |
| 16 | | homes and places of employment, with
the
consent of the |
| 17 | | Sheriff.
|
| 18 | | (13.5) A person employed as an armed security guard at |
| 19 | | a nuclear energy,
storage, weapons or development site or |
| 20 | | facility regulated by the Nuclear
Regulatory Commission |
| 21 | | who has completed the background screening and training
|
| 22 | | mandated by the rules and regulations of the Nuclear |
| 23 | | Regulatory Commission.
|
| 24 | | (14) Manufacture, transportation, or sale of weapons |
| 25 | | to
persons
authorized under subdivisions (1) through |
| 26 | | (13.5) of this
subsection
to
possess those weapons.
|
|
| | SB1412 | - 7 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
| 2 | | to
or affect any person carrying a concealed pistol, revolver, |
| 3 | | or handgun and the person has been issued a currently valid |
| 4 | | license under the Firearm Concealed Carry Act at the time of |
| 5 | | the commission of the offense. |
| 6 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
| 7 | | 24-1.6 do not
apply to or affect
any of the following:
|
| 8 | | (1) Members of any club or organization organized for |
| 9 | | the purpose of
practicing shooting at targets upon |
| 10 | | established target ranges, whether
public or private, and |
| 11 | | patrons of such ranges, while such members
or patrons are |
| 12 | | using their firearms on those target ranges.
|
| 13 | | (2) Duly authorized military or civil organizations |
| 14 | | while parading,
with the special permission of the |
| 15 | | Governor.
|
| 16 | | (3) Hunters, trappers or fishermen with a license or
|
| 17 | | permit while engaged in hunting,
trapping or fishing.
|
| 18 | | (4) Transportation of weapons that are broken down in a
|
| 19 | | non-functioning state or are not immediately accessible.
|
| 20 | | (5) Carrying or possessing any pistol, revolver, stun |
| 21 | | gun or taser or other firearm on the land or in the legal |
| 22 | | dwelling of another person as an invitee with that person's |
| 23 | | permission. |
| 24 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| 25 | | of the
following:
|
| 26 | | (1) Peace officers while in performance of their |
|
| | SB1412 | - 8 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | official duties.
|
| 2 | | (2) Wardens, superintendents and keepers of prisons, |
| 3 | | penitentiaries,
jails and other institutions for the |
| 4 | | detention of persons accused or
convicted of an offense.
|
| 5 | | (3) Members of the Armed Services or Reserve Forces of |
| 6 | | the United States
or the Illinois National Guard, while in |
| 7 | | the performance of their official
duty.
|
| 8 | | (4) Manufacture, transportation, or sale of machine |
| 9 | | guns to persons
authorized under subdivisions (1) through |
| 10 | | (3) of this subsection to
possess machine guns, if the |
| 11 | | machine guns are broken down in a
non-functioning state or |
| 12 | | are not immediately accessible.
|
| 13 | | (5) Persons licensed under federal law to manufacture |
| 14 | | any weapon from
which 8 or more shots or bullets can be |
| 15 | | discharged by a
single function of the firing device, or |
| 16 | | ammunition for such weapons, and
actually engaged in the |
| 17 | | business of manufacturing such weapons or
ammunition, but |
| 18 | | only with respect to activities which are within the lawful
|
| 19 | | scope of such business, such as the manufacture, |
| 20 | | transportation, or testing
of such weapons or ammunition. |
| 21 | | This exemption does not authorize the
general private |
| 22 | | possession of any weapon from which 8 or more
shots or |
| 23 | | bullets can be discharged by a single function of the |
| 24 | | firing
device, but only such possession and activities as |
| 25 | | are within the lawful
scope of a licensed manufacturing |
| 26 | | business described in this paragraph.
|
|
| | SB1412 | - 9 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | During transportation, such weapons shall be broken |
| 2 | | down in a
non-functioning state or not immediately |
| 3 | | accessible.
|
| 4 | | (6) The manufacture, transport, testing, delivery, |
| 5 | | transfer or sale,
and all lawful commercial or experimental |
| 6 | | activities necessary thereto, of
rifles, shotguns, and |
| 7 | | weapons made from rifles or shotguns,
or ammunition for |
| 8 | | such rifles, shotguns or weapons, where engaged in
by a |
| 9 | | person operating as a contractor or subcontractor pursuant |
| 10 | | to a
contract or subcontract for the development and supply |
| 11 | | of such rifles,
shotguns, weapons or ammunition to the |
| 12 | | United States government or any
branch of the Armed Forces |
| 13 | | of the United States, when such activities are
necessary |
| 14 | | and incident to fulfilling the terms of such contract.
|
| 15 | | The exemption granted under this subdivision (c)(6)
|
| 16 | | shall also apply to any authorized agent of any such |
| 17 | | contractor or
subcontractor who is operating within the |
| 18 | | scope of his employment, where
such activities involving |
| 19 | | such weapon, weapons or ammunition are necessary
and |
| 20 | | incident to fulfilling the terms of such contract.
|
| 21 | | (7) A person possessing a rifle with a barrel or |
| 22 | | barrels less than 16 inches in length if: (A) the person |
| 23 | | has been issued a Curios and Relics license from the U.S. |
| 24 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
| 25 | | the person is an active member of a bona fide, nationally |
| 26 | | recognized military re-enacting group and the modification |
|
| | SB1412 | - 10 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | is required and necessary to accurately portray the weapon |
| 2 | | for historical re-enactment purposes; the re-enactor is in |
| 3 | | possession of a valid and current re-enacting group |
| 4 | | membership credential; and the overall length of the weapon |
| 5 | | as modified is not less than 26 inches. |
| 6 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
| 7 | | possession
or carrying of a black-jack or slung-shot by a peace |
| 8 | | officer.
|
| 9 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
| 10 | | manager or
authorized employee of any place specified in that |
| 11 | | subsection nor to any
law enforcement officer.
|
| 12 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| 13 | | Section 24-1.6
do not apply
to members of any club or |
| 14 | | organization organized for the purpose of practicing
shooting |
| 15 | | at targets upon established target ranges, whether public or |
| 16 | | private,
while using their firearms on those target ranges.
|
| 17 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| 18 | | to:
|
| 19 | | (1) Members of the Armed Services or Reserve Forces of |
| 20 | | the United
States or the Illinois National Guard, while in |
| 21 | | the performance of their
official duty.
|
| 22 | | (2) Bonafide collectors of antique or surplus military |
| 23 | | ordnance ordinance.
|
| 24 | | (3) Laboratories having a department of forensic |
| 25 | | ballistics, or
specializing in the development of |
| 26 | | ammunition or explosive ordnance ordinance.
|
|
| | SB1412 | - 11 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | (4) Commerce, preparation, assembly or possession of |
| 2 | | explosive
bullets by manufacturers of ammunition licensed |
| 3 | | by the federal government,
in connection with the supply of |
| 4 | | those organizations and persons exempted
by subdivision |
| 5 | | (g)(1) of this Section, or like organizations and persons
|
| 6 | | outside this State, or the transportation of explosive |
| 7 | | bullets to any
organization or person exempted in this |
| 8 | | Section by a common carrier or by a
vehicle owned or leased |
| 9 | | by an exempted manufacturer.
|
| 10 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
| 11 | | persons licensed
under federal law to manufacture any device or |
| 12 | | attachment of any kind designed,
used, or intended for use in |
| 13 | | silencing the report of any firearm, firearms, or
ammunition
|
| 14 | | for those firearms equipped with those devices, and actually |
| 15 | | engaged in the
business of manufacturing those devices, |
| 16 | | firearms, or ammunition, but only with
respect to
activities |
| 17 | | that are within the lawful scope of that business, such as the
|
| 18 | | manufacture, transportation, or testing of those devices, |
| 19 | | firearms, or
ammunition. This
exemption does not authorize the |
| 20 | | general private possession of any device or
attachment of any |
| 21 | | kind designed, used, or intended for use in silencing the
|
| 22 | | report of any firearm, but only such possession and activities |
| 23 | | as are within
the
lawful scope of a licensed manufacturing |
| 24 | | business described in this subsection
(g-5). During |
| 25 | | transportation, these devices shall be detached from any weapon
|
| 26 | | or
not immediately accessible.
|
|
| | SB1412 | - 12 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
| 2 | | 24-1.6 do not apply to
or affect any parole agent or parole |
| 3 | | supervisor who meets the qualifications and conditions |
| 4 | | prescribed in Section 3-14-1.5 of the Unified Code of |
| 5 | | Corrections. |
| 6 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
| 7 | | officer while serving as a member of a tactical response team |
| 8 | | or special operations team. A peace officer may not personally |
| 9 | | own or apply for ownership of a device or attachment of any |
| 10 | | kind designed, used, or intended for use in silencing the |
| 11 | | report of any firearm. These devices shall be owned and |
| 12 | | maintained by lawfully recognized units of government whose |
| 13 | | duties include the investigation of criminal acts. |
| 14 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
| 15 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
| 16 | | athlete's possession, transport on official Olympic and |
| 17 | | Paralympic transit systems established for athletes, or use of |
| 18 | | competition firearms sanctioned by the International Olympic |
| 19 | | Committee, the International Paralympic Committee, the |
| 20 | | International Shooting Sport Federation, or USA Shooting in |
| 21 | | connection with such athlete's training for and participation |
| 22 | | in shooting competitions at the 2016 Olympic and Paralympic |
| 23 | | Games and sanctioned test events leading up to the 2016 Olympic |
| 24 | | and Paralympic Games. |
| 25 | | (h) An information or indictment based upon a violation of |
| 26 | | any
subsection of this Article need not negative any exemptions |
|
| | SB1412 | - 13 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | contained in
this Article. The defendant shall have the burden |
| 2 | | of proving such an
exemption.
|
| 3 | | (i) Nothing in this Article shall prohibit, apply to, or |
| 4 | | affect
the transportation, carrying, or possession, of any |
| 5 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
| 6 | | to a common carrier operating
under license of the State of |
| 7 | | Illinois or the federal government, where
such transportation, |
| 8 | | carrying, or possession is incident to the lawful
|
| 9 | | transportation in which such common carrier is engaged; and |
| 10 | | nothing in this
Article shall prohibit, apply to, or affect the |
| 11 | | transportation, carrying,
or possession of any pistol, |
| 12 | | revolver, stun gun, taser, or other firearm,
not the subject of |
| 13 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
| 14 | | this Article, which is unloaded and enclosed in a case, firearm
|
| 15 | | carrying box, shipping box, or other container, by the |
| 16 | | possessor of a valid
Firearm Owners Identification Card.
|
| 17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, |
| 18 | | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
|
| 19 | | Section 10. The Probation and Probation Officers Act is |
| 20 | | amended by changing Section 17 as follows:
|
| 21 | | (730 ILCS 110/17) |
| 22 | | Sec. 17. Authorization to carry weapons. Probation
|
| 23 | | officers may only carry weapons while in the performance of
|
| 24 | | their official duties, or while commuting between their homes,
|
|
| | SB1412 | - 14 - | LRB100 08650 RLC 18785 b |
|
|
|
| 1 | | places of employment, or specific locations that are part of
|
| 2 | | their assigned duties, provided they have received the prior
|
| 3 | | consent of the Chief Judge of the Circuit Court for which they
|
| 4 | | are employed, and they have received weapons training according
|
| 5 | | to requirements of the Peace Officer and Probation Officer |
| 6 | | Firearm Training Act.
|
| 7 | | (Source: P.A. 98-725, eff. 1-1-15.)
|
| 8 | | Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law.
|