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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 Firearm Owners Identification Card Act is
5		amended by changing Sections 4 and 8 as follows:
6		(430 ILCS 65/4) (from Ch. 38, par. 83-4)
7		Sec. 4. Application for Firearm Owner's Identification
8		Cards.
9		(a) Each applicant for a Firearm Owner's Identification
10		Card must:
11		(1) Make application on blank forms prepared and
12		furnished at convenient locations throughout the State by
13		the Department of State Police, or by electronic means, if
14		and when made available by the Department of State Police;
15		and
16		(2) Submit evidence to the Department of State Police
17		that:
18		(i) This subparagraph (i) applies through the
19		180th day following the effective date of this
20		amendatory Act of the 101st General Assembly. He or she
21		is 21 years of age or over, or if he or she is under 21
22		years of age that he or she has the written consent of
23		his or her parent or legal guardian to possess and

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1		acquire firearms and firearm ammunition and that he or
2		she has never been convicted of a misdemeanor other
3		than a traffic offense or adjudged delinquent,
4		provided, however, that such parent or legal guardian
5		is not an individual prohibited from having a Firearm
6		Owner's Identification Card and files an affidavit
7		with the Department as prescribed by the Department
8		stating that he or she is not an individual prohibited
9		from having a Card;
10		(i-5) This subparagraph (i-5) applies on and after
11		the 181st day following the effective date of this
12		amendatory Act of the 101st General Assembly. He or she
13		is 21 years of age or over, or if he or she is under 21
14		years of age that he or she has never been convicted of
15		a misdemeanor other than a traffic offense or adjudged
16		delinquent and is an active duty member of the United
17		States Armed Forces or has the written consent of his
18		or her parent or legal guardian to possess and acquire
19		firearms and firearm ammunition, provided, however,
20		that such parent or legal guardian is not an individual
21		prohibited from having a Firearm Owner's
22		Identification Card and files an affidavit with the
23		Department as prescribed by the Department stating
24		that he or she is not an individual prohibited from
25		having a Card or the active duty member of the United
26		States Armed Forces under 21 years of age annually

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1		submits proof to the Department of State Police, in a
2		manner prescribed by the Department;
3		(ii) He or she has not been convicted of a felony
4		under the laws of this or any other jurisdiction;
5		(iii) He or she is not addicted to narcotics;
6		(iv) He or she has not been a patient in a mental
7		health facility within the past 5 years or, if he or
8		she has been a patient in a mental health facility more
9		than 5 years ago submit the certification required
10		under subsection (u) of Section 8 of this Act;
11		(v) He or she is not a person with an intellectual
12		disability;
13		(vi) He or she is not an alien who is unlawfully
14		present in the United States under the laws of the
15		United States;
16		(vii) He or she is not subject to an existing order
17		of protection prohibiting him or her from possessing a
18		firearm;
19		(viii) He or she has not been convicted within the
20		past 5 years of battery, assault, aggravated assault,
21		violation of an order of protection, or a substantially
22		similar offense in another jurisdiction, in which a
23		firearm was used or possessed;
24		(ix) He or she has not been convicted of domestic
25		battery, aggravated domestic battery, or a
26		substantially similar offense in another jurisdiction

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1		committed before, on or after January 1, 2012 (the
2		effective date of Public Act 97-158). If the applicant
3		knowingly and intelligently waives the right to have an
4		offense described in this clause (ix) tried by a jury,
5		and by guilty plea or otherwise, results in a
6		conviction for an offense in which a domestic
7		relationship is not a required element of the offense
8		but in which a determination of the applicability of 18
9		U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
10		Code of Criminal Procedure of 1963, an entry by the
11		court of a judgment of conviction for that offense
12		shall be grounds for denying the issuance of a Firearm
13		Owner's Identification Card under this Section;
14		(x) (Blank);
15		(xi) He or she is not an alien who has been
16		admitted to the United States under a non-immigrant
17		visa (as that term is defined in Section 101(a)(26) of
18		the Immigration and Nationality Act (8 U.S.C.
19		1101(a)(26))), or that he or she is an alien who has
20		been lawfully admitted to the United States under a
21		non-immigrant visa if that alien is:
22		(1) admitted to the United States for lawful
23		hunting or sporting purposes;
24		(2) an official representative of a foreign
25		government who is:
26		(A) accredited to the United States

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1		Government or the Government's mission to an
2		international organization having its
3		headquarters in the United States; or
4		(B) en route to or from another country to
5		which that alien is accredited;
6		(3) an official of a foreign government or
7		distinguished foreign visitor who has been so
8		designated by the Department of State;
9		(4) a foreign law enforcement officer of a
10		friendly foreign government entering the United
11		States on official business; or
12		(5) one who has received a waiver from the
13		Attorney General of the United States pursuant to
14		18 U.S.C. 922(y)(3);
15		(xii) He or she is not a minor subject to a
16		petition filed under Section 5-520 of the Juvenile
17		Court Act of 1987 alleging that the minor is a
18		delinquent minor for the commission of an offense that
19		if committed by an adult would be a felony;
20		(xiii) He or she is not an adult who had been
21		adjudicated a delinquent minor under the Juvenile
22		Court Act of 1987 for the commission of an offense that
23		if committed by an adult would be a felony;
24		(xiv) He or she is a resident of the State of
25		Illinois;
26		(xv) He or she has not been adjudicated as a person

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1		with a mental disability;
2		(xvi) He or she has not been involuntarily admitted
3		into a mental health facility; and
4		(xvii) He or she is not a person with a
5		developmental disability; and
6		(3) Upon request by the Department of State Police,
7		sign a release on a form prescribed by the Department of
8		State Police waiving any right to confidentiality and
9		requesting the disclosure to the Department of State Police
10		of limited mental health institution admission information
11		from another state, the District of Columbia, any other
12		territory of the United States, or a foreign nation
13		concerning the applicant for the sole purpose of
14		determining whether the applicant is or was a patient in a
15		mental health institution and disqualified because of that
16		status from receiving a Firearm Owner's Identification
17		Card. No mental health care or treatment records may be
18		requested. The information received shall be destroyed
19		within one year of receipt.
20		(a-5) Each applicant for a Firearm Owner's Identification
21		Card who is over the age of 18 shall furnish to the Department
22		of State Police either his or her Illinois driver's license
23		number or Illinois Identification Card number, except as
24		provided in subsection (a-10).
25		(a-10) Each applicant for a Firearm Owner's Identification
26		Card, who is employed as a law enforcement officer, an armed

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1		security officer in Illinois, or by the United States Military
2		permanently assigned in Illinois and who is not an Illinois
3		resident, shall furnish to the Department of State Police his
4		or her driver's license number or state identification card
5		number from his or her state of residence. The Department of
6		State Police may adopt rules to enforce the provisions of this
7		subsection (a-10).
8		(a-15) If an applicant applying for a Firearm Owner's
9		Identification Card moves from the residence address named in
10		the application, he or she shall immediately notify in a form
11		and manner prescribed by the Department of State Police of that
12		change of address.
13		(a-20) Each applicant for a Firearm Owner's Identification
14		Card shall furnish to the Department of State Police his or her
15		photograph. An applicant who is 21 years of age or older
16		seeking a religious exemption to the photograph requirement
17		must furnish with the application an approved copy of United
18		States Department of the Treasury Internal Revenue Service Form
19		4029. In lieu of a photograph, an applicant regardless of age
20		seeking a religious exemption to the photograph requirement
21		shall submit fingerprints on a form and manner prescribed by
22		the Department with his or her application.
23		(b) Each application form shall include the following
24		statement printed in bold type: "Warning: Entering false
25		information on an application for a Firearm Owner's
26		Identification Card is punishable as a Class 2 felony in

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1		accordance with subsection (d-5) of Section 14 of the Firearm
2		Owners Identification Card Act.".
3		(c) Upon such written consent, pursuant to Section 4,
4		paragraph (a)(2)(i), the parent or legal guardian giving the
5		consent shall be liable for any damages resulting from the
6		applicant's use of firearms or firearm ammunition.
7		(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
8		(430 ILCS 65/8) (from Ch. 38, par. 83-8)
9		Sec. 8. Grounds for denial and revocation. The Department
10		of State Police has authority to deny an application for or to
11		revoke and seize a Firearm Owner's Identification Card
12		previously issued under this Act only if the Department finds
13		that the applicant or the person to whom such card was issued
14		is or was at the time of issuance:
15		(a) A person under 21 years of age who has been
16		convicted of a misdemeanor other than a traffic offense or
17		adjudged delinquent;
18		(b) This subsection (b) applies through the 180th day
19		following the effective date of this amendatory Act of the
20		101st General Assembly. A person under 21 years of age who
21		does not have the written consent of his parent or guardian
22		to acquire and possess firearms and firearm ammunition, or
23		whose parent or guardian has revoked such written consent,
24		or where such parent or guardian does not qualify to have a
25		Firearm Owner's Identification Card;

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1		(b-5) This subsection (b-5) applies on and after the
2		181st day following the effective date of this amendatory
3		Act of the 101st General Assembly. A person under 21 years
4		of age who is not an active duty member of the United
5		States Armed Forces and does not have the written consent
6		of his or her parent or guardian to acquire and possess
7		firearms and firearm ammunition, or whose parent or
8		guardian has revoked such written consent, or where such
9		parent or guardian does not qualify to have a Firearm
10		Owner's Identification Card;
11		(c) A person convicted of a felony under the laws of
12		this or any other jurisdiction;
13		(d) A person addicted to narcotics;
14		(e) A person who has been a patient of a mental health
15		facility within the past 5 years or a person who has been a
16		patient in a mental health facility more than 5 years ago
17		who has not received the certification required under
18		subsection (u) of this Section. An active law enforcement
19		officer employed by a unit of government who is denied,
20		revoked, or has his or her Firearm Owner's Identification
21		Card seized under this subsection (e) may obtain relief as
22		described in subsection (c-5) of Section 10 of this Act if
23		the officer did not act in a manner threatening to the
24		officer, another person, or the public as determined by the
25		treating clinical psychologist or physician, and the
26		officer seeks mental health treatment;

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1		(f) A person whose mental condition is of such a nature
2		that it poses a clear and present danger to the applicant,
3		any other person or persons or the community;
4		(g) A person who has an intellectual disability;
5		(h) A person who intentionally makes a false statement
6		in the Firearm Owner's Identification Card application;
7		(i) An alien who is unlawfully present in the United
8		States under the laws of the United States;
9		(i-5) An alien who has been admitted to the United
10		States under a non-immigrant visa (as that term is defined
11		in Section 101(a)(26) of the Immigration and Nationality
12		Act (8 U.S.C. 1101(a)(26))), except that this subsection
13		(i-5) does not apply to any alien who has been lawfully
14		admitted to the United States under a non-immigrant visa if
15		that alien is:
16		(1) admitted to the United States for lawful
17		hunting or sporting purposes;
18		(2) an official representative of a foreign
19		government who is:
20		(A) accredited to the United States Government
21		or the Government's mission to an international
22		organization having its headquarters in the United
23		States; or
24		(B) en route to or from another country to
25		which that alien is accredited;
26		(3) an official of a foreign government or

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1		distinguished foreign visitor who has been so
2		designated by the Department of State;
3		(4) a foreign law enforcement officer of a friendly
4		foreign government entering the United States on
5		official business; or
6		(5) one who has received a waiver from the Attorney
7		General of the United States pursuant to 18 U.S.C.
8		922(y)(3);
9		(j) (Blank);
10		(k) A person who has been convicted within the past 5
11		years of battery, assault, aggravated assault, violation
12		of an order of protection, or a substantially similar
13		offense in another jurisdiction, in which a firearm was
14		used or possessed;
15		(l) A person who has been convicted of domestic
16		battery, aggravated domestic battery, or a substantially
17		similar offense in another jurisdiction committed before,
18		on or after January 1, 2012 (the effective date of Public
19		Act 97-158). If the applicant or person who has been
20		previously issued a Firearm Owner's Identification Card
21		under this Act knowingly and intelligently waives the right
22		to have an offense described in this paragraph (l) tried by
23		a jury, and by guilty plea or otherwise, results in a
24		conviction for an offense in which a domestic relationship
25		is not a required element of the offense but in which a
26		determination of the applicability of 18 U.S.C. 922(g)(9)

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1		is made under Section 112A-11.1 of the Code of Criminal
2		Procedure of 1963, an entry by the court of a judgment of
3		conviction for that offense shall be grounds for denying an
4		application for and for revoking and seizing a Firearm
5		Owner's Identification Card previously issued to the
6		person under this Act;
7		(m) (Blank);
8		(n) A person who is prohibited from acquiring or
9		possessing firearms or firearm ammunition by any Illinois
10		State statute or by federal law;
11		(o) A minor subject to a petition filed under Section
12		5-520 of the Juvenile Court Act of 1987 alleging that the
13		minor is a delinquent minor for the commission of an
14		offense that if committed by an adult would be a felony;
15		(p) An adult who had been adjudicated a delinquent
16		minor under the Juvenile Court Act of 1987 for the
17		commission of an offense that if committed by an adult
18		would be a felony;
19		(q) A person who is not a resident of the State of
20		Illinois, except as provided in subsection (a-10) of
21		Section 4;
22		(r) A person who has been adjudicated as a person with
23		a mental disability;
24		(s) A person who has been found to have a developmental
25		disability;
26		(t) A person involuntarily admitted into a mental

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1		health facility; or
2		(u) A person who has had his or her Firearm Owner's
3		Identification Card revoked or denied under subsection (e)
4		of this Section or item (iv) of paragraph (2) of subsection
5		(a) of Section 4 of this Act because he or she was a
6		patient in a mental health facility as provided in
7		subsection (e) of this Section, shall not be permitted to
8		obtain a Firearm Owner's Identification Card, after the
9		5-year period has lapsed, unless he or she has received a
10		mental health evaluation by a physician, clinical
11		psychologist, or qualified examiner as those terms are
12		defined in the Mental Health and Developmental
13		Disabilities Code, and has received a certification that he
14		or she is not a clear and present danger to himself,
15		herself, or others. The physician, clinical psychologist,
16		or qualified examiner making the certification and his or
17		her employer shall not be held criminally, civilly, or
18		professionally liable for making or not making the
19		certification required under this subsection, except for
20		willful or wanton misconduct. This subsection does not
21		apply to a person whose firearm possession rights have been
22		restored through administrative or judicial action under
23		Section 10 or 11 of this Act.
24		Upon revocation of a person's Firearm Owner's
25		Identification Card, the Department of State Police shall
26		provide notice to the person and the person shall comply with

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1		Section 9.5 of this Act.
2		(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
3		eff. 7-16-14; 99-143, eff. 7-27-15.)
4		Section 10. The Firearm Concealed Carry Act is amended by
5		changing Section 50 as follows:
6		(430 ILCS 66/50)
7		Sec. 50. License renewal.
8		(a) This subsection (a) applies through the 180th day
9		following the effective date of this amendatory Act of the
10		101st General Assembly. Applications for renewal of a license
11		shall be made to the Department. A license shall be renewed for
12		a period of 5 years upon receipt of a completed renewal
13		application, completion of 3 hours of training required under
14		Section 75 of this Act, payment of the applicable renewal fee,
15		and completion of an investigation under Section 35 of this
16		Act. The renewal application shall contain the information
17		required in Section 30 of this Act, except that the applicant
18		need not resubmit a full set of fingerprints.
19		(b) This subsection (b) applies on and after the 181st day
20		following the effective date of this amendatory Act of the
21		101st General Assembly. Applications for renewal of a license
22		shall be made to the Department. A license shall be renewed for
23		a period of 5 years from the date of expiration on the
24		applicant's current license upon the receipt of a completed

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1		renewal application, completion of 3 hours of training required
2		under Section 75 of this Act, payment of the applicable renewal
3		fee, and completion of an investigation under Section 35 of
4		this Act. The renewal application shall contain the information
5		required in Section 30 of this Act, except that the applicant
6		need not resubmit a full set of fingerprints.
7		(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
8		Section 15. The Firearm Dealer License Certification Act is
9		amended by changing Sections 5-5 and 5-25 as follows:
10		(430 ILCS 68/5-5)
11		Sec. 5-5. Definitions. In this Act:
12		"Certified licensee" means a licensee that has previously
13		certified its license with the Department under this Act.
14		"Department" means the Department of State Police.
15		"Director" means the Director of State Police.
16		"Entity" means any person, firm, corporation, group of
17		individuals, or other legal entity.
18		"Inventory" means firearms in the possession of an
19		individual or entity for the purpose of sale or transfer.
20		"License" means a Federal Firearms License authorizing a
21		person or entity to engage in the business of dealing firearms.
22		"Licensee" means a person, firm, corporation, or other
23		entity who has been given, and is currently in possession of, a
24		valid Federal Firearms License.

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1		"Retail location" means a store open to the public from
2		which a certified licensee engages in the business of selling,
3		transferring, or facilitating a sale or transfer of a firearm.
4		For purposes of this Act, the World Shooting and Recreational
5		Complex, a gun show, or similar event at which a certified
6		licensee engages in business from time to time is not a retail
7		location.
8		(Source: P.A. 100-1178, eff. 1-18-19.)
9		(430 ILCS 68/5-25)
10		Sec. 5-25. Exemptions.
11		The provisions of this Act related to the certification of
12		a license do not apply to a person or entity that engages in
13		the following activities:
14		(1) temporary transfers of firearms solely for use at
15		the location or on the premises where the transfer takes
16		place, such as transfers at a shooting range for use at
17		that location;
18		(2) temporary transfers of firearms solely for use
19		while in the presence of the transferor or transfers for
20		the purposes of firearm safety training by a firearms
21		safety training instructor;
22		(3) transfers of firearms among immediate family or
23		household members, as "immediate family or household
24		member" is defined in Section 3-2.7-10 of the Unified Code
25		of Corrections, provided that both the transferor and

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1		transferee have a currently valid Firearm Owner's
2		Identification Card; however, this paragraph (3) does not
3		limit the familial gift exemption under paragraph (2) of
4		subsection (a-15) of Section 3 of the Firearm Owners
5		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 or
9		part of a collection. For purposes of this paragraph (5),
10		"collection" means 2 or more firearms which are of special
11		interest to collectors by reason of some quality other than
12		is associated with firearms intended for sporting use or as
13		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) transfers to a State or local law enforcement
21		agency by a person who has his or her Firearm Owner's
22		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

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1		auctioneer under the Auction License Act; or
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 custody
12		and control of another, by agreement in which the holder is
13		responsible for the safekeeping and return of the property.
14		(Source: P.A. 100-1178, eff. 1-18-19.)
15		Section 20. The Wildlife Code is amended by adding Section
16		3.4b as follows:
17		(520 ILCS 5/3.4b new)
18		Sec. 3.4b. Concealed firearm exemption. A current or
19		retired law enforcement officer authorized by law to possess a
20		concealed firearm shall be exempt from the provisions of this
21		Code prohibiting possession of those firearms. However,
22		nothing in this Section authorizes the use of those firearms
23		except as authorized by law.

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1		Section 25. The Criminal Code of 2012 is amended by
2		changing Sections 14-3 and 24-2 as follows:
3		(720 ILCS 5/14-3)
4		Sec. 14-3. Exemptions. The following activities shall be
5		exempt from the provisions of this Article:
6		(a) Listening to radio, wireless electronic
7		communications, and television communications of any sort
8		where the same are publicly made;
9		(b) Hearing conversation when heard by employees of any
10		common carrier by wire incidental to the normal course of their
11		employment in the operation, maintenance or repair of the
12		equipment of such common carrier by wire so long as no
13		information obtained thereby is used or divulged by the hearer;
14		(c) Any broadcast by radio, television or otherwise whether
15		it be a broadcast or recorded for the purpose of later
16		broadcasts of any function where the public is in attendance
17		and the conversations are overheard incidental to the main
18		purpose for which such broadcasts are then being made;
19		(d) Recording or listening with the aid of any device to
20		any emergency communication made in the normal course of
21		operations by any federal, state or local law enforcement
22		agency or institutions dealing in emergency services,
23		including, but not limited to, hospitals, clinics, ambulance
24		services, fire fighting agencies, any public utility,
25		emergency repair facility, civilian defense establishment or

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1		military installation;
2		(e) Recording the proceedings of any meeting required to be
3		open by the Open Meetings Act, as amended;
4		(f) Recording or listening with the aid of any device to
5		incoming telephone calls of phone lines publicly listed or
6		advertised as consumer "hotlines" by manufacturers or
7		retailers of food and drug products. Such recordings must be
8		destroyed, erased or turned over to local law enforcement
9		authorities within 24 hours from the time of such recording and
10		shall not be otherwise disseminated. Failure on the part of the
11		individual or business operating any such recording or
12		listening device to comply with the requirements of this
13		subsection shall eliminate any civil or criminal immunity
14		conferred upon that individual or business by the operation of
15		this Section;
16		(g) With prior notification to the State's Attorney of the
17		county in which it is to occur, recording or listening with the
18		aid of any device to any conversation where a law enforcement
19		officer, or any person acting at the direction of law
20		enforcement, is a party to the conversation and has consented
21		to it being intercepted or recorded under circumstances where
22		the use of the device is necessary for the protection of the
23		law enforcement officer or any person acting at the direction
24		of law enforcement, in the course of an investigation of a
25		forcible felony, a felony offense of involuntary servitude,
26		involuntary sexual servitude of a minor, or trafficking in

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1		persons under Section 10-9 of this Code, an offense involving
2		prostitution, solicitation of a sexual act, or pandering, a
3		felony violation of the Illinois Controlled Substances Act, a
4		felony violation of the Cannabis Control Act, a felony
5		violation of the Methamphetamine Control and Community
6		Protection Act, any "streetgang related" or "gang-related"
7		felony as those terms are defined in the Illinois Streetgang
8		Terrorism Omnibus Prevention Act, or any felony offense
9		involving any weapon listed in paragraphs (1) through (11) of
10		subsection (a) of Section 24-1 of this Code. Any recording or
11		evidence derived as the result of this exemption shall be
12		inadmissible in any proceeding, criminal, civil or
13		administrative, except (i) where a party to the conversation
14		suffers great bodily injury or is killed during such
15		conversation, or (ii) when used as direct impeachment of a
16		witness concerning matters contained in the interception or
17		recording. The Director of the Department of State Police shall
18		issue regulations as are necessary concerning the use of
19		devices, retention of tape recordings, and reports regarding
20		their use;
21		(g-5) (Blank);
22		(g-6) With approval of the State's Attorney of the county
23		in which it is to occur, recording or listening with the aid of
24		any device to any conversation where a law enforcement officer,
25		or any person acting at the direction of law enforcement, is a
26		party to the conversation and has consented to it being

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1		intercepted or recorded in the course of an investigation of
2		child pornography, aggravated child pornography, indecent
3		solicitation of a child, luring of a minor, sexual exploitation
4		of a child, aggravated criminal sexual abuse in which the
5		victim of the offense was at the time of the commission of the
6		offense under 18 years of age, or criminal sexual abuse by
7		force or threat of force in which the victim of the offense was
8		at the time of the commission of the offense under 18 years of
9		age. In all such cases, an application for an order approving
10		the previous or continuing use of an eavesdropping device must
11		be made within 48 hours of the commencement of such use. In the
12		absence of such an order, or upon its denial, any continuing
13		use shall immediately terminate. The Director of State Police
14		shall issue rules as are necessary concerning the use of
15		devices, retention of recordings, and reports regarding their
16		use. Any recording or evidence obtained or derived in the
17		course of an investigation of child pornography, aggravated
18		child pornography, indecent solicitation of a child, luring of
19		a minor, sexual exploitation of a child, aggravated criminal
20		sexual abuse in which the victim of the offense was at the time
21		of the commission of the offense under 18 years of age, or
22		criminal sexual abuse by force or threat of force in which the
23		victim of the offense was at the time of the commission of the
24		offense under 18 years of age shall, upon motion of the State's
25		Attorney or Attorney General prosecuting any case involving
26		child pornography, aggravated child pornography, indecent

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1		solicitation of a child, luring of a minor, sexual exploitation
2		of a child, aggravated criminal sexual abuse in which the
3		victim of the offense was at the time of the commission of the
4		offense under 18 years of age, or criminal sexual abuse by
5		force or threat of force in which the victim of the offense was
6		at the time of the commission of the offense under 18 years of
7		age be reviewed in camera with notice to all parties present by
8		the court presiding over the criminal case, and, if ruled by
9		the court to be relevant and otherwise admissible, it shall be
10		admissible at the trial of the criminal case. Absent such a
11		ruling, any such recording or evidence shall not be admissible
12		at the trial of the criminal case;
13		(h) Recordings made simultaneously with the use of an
14		in-car video camera recording of an oral conversation between a
15		uniformed peace officer, who has identified his or her office,
16		and a person in the presence of the peace officer whenever (i)
17		an officer assigned a patrol vehicle is conducting an
18		enforcement stop; or (ii) patrol vehicle emergency lights are
19		activated or would otherwise be activated if not for the need
20		to conceal the presence of law enforcement.
21		For the purposes of this subsection (h), "enforcement stop"
22		means an action by a law enforcement officer in relation to
23		enforcement and investigation duties, including but not
24		limited to, traffic stops, pedestrian stops, abandoned vehicle
25		contacts, motorist assists, commercial motor vehicle stops,
26		roadside safety checks, requests for identification, or

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1		responses to requests for emergency assistance;
2		(h-5) Recordings of utterances made by a person while in
3		the presence of a uniformed peace officer and while an occupant
4		of a police vehicle including, but not limited to, (i)
5		recordings made simultaneously with the use of an in-car video
6		camera and (ii) recordings made in the presence of the peace
7		officer utilizing video or audio systems, or both, authorized
8		by the law enforcement agency;
9		(h-10) Recordings made simultaneously with a video camera
10		recording during the use of a taser or similar weapon or device
11		by a peace officer if the weapon or device is equipped with
12		such camera;
13		(h-15) Recordings made under subsection (h), (h-5), or
14		(h-10) shall be retained by the law enforcement agency that
15		employs the peace officer who made the recordings for a storage
16		period of 90 days, unless the recordings are made as a part of
17		an arrest or the recordings are deemed evidence in any
18		criminal, civil, or administrative proceeding and then the
19		recordings must only be destroyed upon a final disposition and
20		an order from the court. Under no circumstances shall any
21		recording be altered or erased prior to the expiration of the
22		designated storage period. Upon completion of the storage
23		period, the recording medium may be erased and reissued for
24		operational use;
25		(i) Recording of a conversation made by or at the request
26		of a person, not a law enforcement officer or agent of a law

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1		enforcement officer, who is a party to the conversation, under
2		reasonable suspicion that another party to the conversation is
3		committing, is about to commit, or has committed a criminal
4		offense against the person or a member of his or her immediate
5		household, and there is reason to believe that evidence of the
6		criminal offense may be obtained by the recording;
7		(j) The use of a telephone monitoring device by either (1)
8		a corporation or other business entity engaged in marketing or
9		opinion research or (2) a corporation or other business entity
10		engaged in telephone solicitation, as defined in this
11		subsection, to record or listen to oral telephone solicitation
12		conversations or marketing or opinion research conversations
13		by an employee of the corporation or other business entity
14		when:
15		(i) the monitoring is used for the purpose of service
16		quality control of marketing or opinion research or
17		telephone solicitation, the education or training of
18		employees or contractors engaged in marketing or opinion
19		research or telephone solicitation, or internal research
20		related to marketing or opinion research or telephone
21		solicitation; and
22		(ii) the monitoring is used with the consent of at
23		least one person who is an active party to the marketing or
24		opinion research conversation or telephone solicitation
25		conversation being monitored.
26		No communication or conversation or any part, portion, or

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1		aspect of the communication or conversation made, acquired, or
2		obtained, directly or indirectly, under this exemption (j), may
3		be, directly or indirectly, furnished to any law enforcement
4		officer, agency, or official for any purpose or used in any
5		inquiry or investigation, or used, directly or indirectly, in
6		any administrative, judicial, or other proceeding, or divulged
7		to any third party.
8		When recording or listening authorized by this subsection
9		(j) on telephone lines used for marketing or opinion research
10		or telephone solicitation purposes results in recording or
11		listening to a conversation that does not relate to marketing
12		or opinion research or telephone solicitation; the person
13		recording or listening shall, immediately upon determining
14		that the conversation does not relate to marketing or opinion
15		research or telephone solicitation, terminate the recording or
16		listening and destroy any such recording as soon as is
17		practicable.
18		Business entities that use a telephone monitoring or
19		telephone recording system pursuant to this exemption (j) shall
20		provide current and prospective employees with notice that the
21		monitoring or recordings may occur during the course of their
22		employment. The notice shall include prominent signage
23		notification within the workplace.
24		Business entities that use a telephone monitoring or
25		telephone recording system pursuant to this exemption (j) shall
26		provide their employees or agents with access to personal-only

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1		telephone lines which may be pay telephones, that are not
2		subject to telephone monitoring or telephone recording.
3		For the purposes of this subsection (j), "telephone
4		solicitation" means a communication through the use of a
5		telephone by live operators:
6		(i) soliciting the sale of goods or services;
7		(ii) receiving orders for the sale of goods or
8		services;
9		(iii) assisting in the use of goods or services; or
10		(iv) engaging in the solicitation, administration, or
11		collection of bank or retail credit accounts.
12		For the purposes of this subsection (j), "marketing or
13		opinion research" means a marketing or opinion research
14		interview conducted by a live telephone interviewer engaged by
15		a corporation or other business entity whose principal business
16		is the design, conduct, and analysis of polls and surveys
17		measuring the opinions, attitudes, and responses of
18		respondents toward products and services, or social or
19		political issues, or both;
20		(k) Electronic recordings, including but not limited to, a
21		motion picture, videotape, digital, or other visual or audio
22		recording, made of a custodial interrogation of an individual
23		at a police station or other place of detention by a law
24		enforcement officer under Section 5-401.5 of the Juvenile Court
25		Act of 1987 or Section 103-2.1 of the Code of Criminal
26		Procedure of 1963;

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1		(l) Recording the interview or statement of any person when
2		the person knows that the interview is being conducted by a law
3		enforcement officer or prosecutor and the interview takes place
4		at a police station that is currently participating in the
5		Custodial Interview Pilot Program established under the
6		Illinois Criminal Justice Information Act;
7		(m) An electronic recording, including but not limited to,
8		a motion picture, videotape, digital, or other visual or audio
9		recording, made of the interior of a school bus while the
10		school bus is being used in the transportation of students to
11		and from school and school-sponsored activities, when the
12		school board has adopted a policy authorizing such recording,
13		notice of such recording policy is included in student
14		handbooks and other documents including the policies of the
15		school, notice of the policy regarding recording is provided to
16		parents of students, and notice of such recording is clearly
17		posted on the door of and inside the school bus.
18		Recordings made pursuant to this subsection (m) shall be
19		confidential records and may only be used by school officials
20		(or their designees) and law enforcement personnel for
21		investigations, school disciplinary actions and hearings,
22		proceedings under the Juvenile Court Act of 1987, and criminal
23		prosecutions, related to incidents occurring in or around the
24		school bus;
25		(n) Recording or listening to an audio transmission from a
26		microphone placed by a person under the authority of a law

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1		enforcement agency inside a bait car surveillance vehicle while
2		simultaneously capturing a photographic or video image;
3		(o) The use of an eavesdropping camera or audio device
4		during an ongoing hostage or barricade situation by a law
5		enforcement officer or individual acting on behalf of a law
6		enforcement officer when the use of such device is necessary to
7		protect the safety of the general public, hostages, or law
8		enforcement officers or anyone acting on their behalf;
9		(p) Recording or listening with the aid of any device to
10		incoming telephone calls of phone lines publicly listed or
11		advertised as the "CPS Violence Prevention Hotline", but only
12		where the notice of recording is given at the beginning of each
13		call as required by Section 34-21.8 of the School Code. The
14		recordings may be retained only by the Chicago Police
15		Department or other law enforcement authorities, and shall not
16		be otherwise retained or disseminated;
17		(q)(1) With prior request to and written or verbal approval
18		of the State's Attorney of the county in which the conversation
19		is anticipated to occur, recording or listening with the aid of
20		an eavesdropping device to a conversation in which a law
21		enforcement officer, or any person acting at the direction of a
22		law enforcement officer, is a party to the conversation and has
23		consented to the conversation being intercepted or recorded in
24		the course of an investigation of a qualified offense. The
25		State's Attorney may grant this approval only after determining
26		that reasonable cause exists to believe that inculpatory

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1		conversations concerning a qualified offense will occur with a
2		specified individual or individuals within a designated period
3		of time.
4		(2) Request for approval. To invoke the exception contained
5		in this subsection (q), a law enforcement officer shall make a
6		request for approval to the appropriate State's Attorney. The
7		request may be written or verbal; however, a written
8		memorialization of the request must be made by the State's
9		Attorney. This request for approval shall include whatever
10		information is deemed necessary by the State's Attorney but
11		shall include, at a minimum, the following information about
12		each specified individual whom the law enforcement officer
13		believes will commit a qualified offense:
14		(A) his or her full or partial name, nickname or alias;
15		(B) a physical description; or
16		(C) failing either (A) or (B) of this paragraph (2),
17		any other supporting information known to the law
18		enforcement officer at the time of the request that gives
19		rise to reasonable cause to believe that the specified
20		individual will participate in an inculpatory conversation
21		concerning a qualified offense.
22		(3) Limitations on approval. Each written approval by the
23		State's Attorney under this subsection (q) shall be limited to:
24		(A) a recording or interception conducted by a
25		specified law enforcement officer or person acting at the
26		direction of a law enforcement officer;

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1		(B) recording or intercepting conversations with the
2		individuals specified in the request for approval,
3		provided that the verbal approval shall be deemed to
4		include the recording or intercepting of conversations
5		with other individuals, unknown to the law enforcement
6		officer at the time of the request for approval, who are
7		acting in conjunction with or as co-conspirators with the
8		individuals specified in the request for approval in the
9		commission of a qualified offense;
10		(C) a reasonable period of time but in no event longer
11		than 24 consecutive hours;
12		(D) the written request for approval, if applicable, or
13		the written memorialization must be filed, along with the
14		written approval, with the circuit clerk of the
15		jurisdiction on the next business day following the
16		expiration of the authorized period of time, and shall be
17		subject to review by the Chief Judge or his or her designee
18		as deemed appropriate by the court.
19		(3.5) The written memorialization of the request for
20		approval and the written approval by the State's Attorney may
21		be in any format, including via facsimile, email, or otherwise,
22		so long as it is capable of being filed with the circuit clerk.
23		(3.10) Beginning March 1, 2015, each State's Attorney shall
24		annually submit a report to the General Assembly disclosing:
25		(A) the number of requests for each qualified offense
26		for approval under this subsection; and

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1		(B) the number of approvals for each qualified offense
2		given by the State's Attorney.
3		(4) Admissibility of evidence. No part of the contents of
4		any wire, electronic, or oral communication that has been
5		recorded or intercepted as a result of this exception may be
6		received in evidence in any trial, hearing, or other proceeding
7		in or before any court, grand jury, department, officer,
8		agency, regulatory body, legislative committee, or other
9		authority of this State, or a political subdivision of the
10		State, other than in a prosecution of:
11		(A) the qualified offense for which approval was given
12		to record or intercept a conversation under this subsection
13		(q);
14		(B) a forcible felony committed directly in the course
15		of the investigation of the qualified offense for which
16		approval was given to record or intercept a conversation
17		under this subsection (q); or
18		(C) any other forcible felony committed while the
19		recording or interception was approved in accordance with
20		this subsection (q), but for this specific category of
21		prosecutions, only if the law enforcement officer or person
22		acting at the direction of a law enforcement officer who
23		has consented to the conversation being intercepted or
24		recorded suffers great bodily injury or is killed during
25		the commission of the charged forcible felony.
26		(5) Compliance with the provisions of this subsection is a

SB1139 Enrolled - 33 - LRB101 04922 SLF 49931 b
1		prerequisite to the admissibility in evidence of any part of
2		the contents of any wire, electronic or oral communication that
3		has been intercepted as a result of this exception, but nothing
4		in this subsection shall be deemed to prevent a court from
5		otherwise excluding the evidence on any other ground recognized
6		by State or federal law, nor shall anything in this subsection
7		be deemed to prevent a court from independently reviewing the
8		admissibility of the evidence for compliance with the Fourth
9		Amendment to the U.S. Constitution or with Article I, Section 6
10		of the Illinois Constitution.
11		(6) Use of recordings or intercepts unrelated to qualified
12		offenses. Whenever any private conversation or private
13		electronic communication has been recorded or intercepted as a
14		result of this exception that is not related to an offense for
15		which the recording or intercept is admissible under paragraph
16		(4) of this subsection (q), no part of the contents of the
17		communication and evidence derived from the communication may
18		be received in evidence in any trial, hearing, or other
19		proceeding in or before any court, grand jury, department,
20		officer, agency, regulatory body, legislative committee, or
21		other authority of this State, or a political subdivision of
22		the State, nor may it be publicly disclosed in any way.
23		(6.5) The Department of State Police shall adopt rules as
24		are necessary concerning the use of devices, retention of
25		recordings, and reports regarding their use under this
26		subsection (q).

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1		(7) Definitions. For the purposes of this subsection (q)
2		only:
3		"Forcible felony" includes and is limited to those
4		offenses contained in Section 2-8 of the Criminal Code of
5		1961 as of the effective date of this amendatory Act of the
6		97th General Assembly, and only as those offenses have been
7		defined by law or judicial interpretation as of that date.
8		"Qualified offense" means and is limited to:
9		(A) a felony violation of the Cannabis Control Act,
10		the Illinois Controlled Substances Act, or the
11		Methamphetamine Control and Community Protection Act,
12		except for violations of:
13		(i) Section 4 of the Cannabis Control Act;
14		(ii) Section 402 of the Illinois Controlled
15		Substances Act; and
16		(iii) Section 60 of the Methamphetamine
17		Control and Community Protection Act; and
18		(B) first degree murder, solicitation of murder
19		for hire, predatory criminal sexual assault of a child,
20		criminal sexual assault, aggravated criminal sexual
21		assault, aggravated arson, kidnapping, aggravated
22		kidnapping, child abduction, trafficking in persons,
23		involuntary servitude, involuntary sexual servitude of
24		a minor, or gunrunning.
25		"State's Attorney" includes and is limited to the
26		State's Attorney or an assistant State's Attorney

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1		designated by the State's Attorney to provide verbal
2		approval to record or intercept conversations under this
3		subsection (q).
4		(8) Sunset. This subsection (q) is inoperative on and after
5		January 1, 2023 2020. No conversations intercepted pursuant to
6		this subsection (q), while operative, shall be inadmissible in
7		a court of law by virtue of the inoperability of this
8		subsection (q) on January 1, 2023 2020.
9		(9) Recordings, records, and custody. Any private
10		conversation or private electronic communication intercepted
11		by a law enforcement officer or a person acting at the
12		direction of law enforcement shall, if practicable, be recorded
13		in such a way as will protect the recording from editing or
14		other alteration. Any and all original recordings made under
15		this subsection (q) shall be inventoried without unnecessary
16		delay pursuant to the law enforcement agency's policies for
17		inventorying evidence. The original recordings shall not be
18		destroyed except upon an order of a court of competent
19		jurisdiction; and
20		(r) Electronic recordings, including but not limited to,
21		motion picture, videotape, digital, or other visual or audio
22		recording, made of a lineup under Section 107A-2 of the Code of
23		Criminal Procedure of 1963.
24		(Source: P.A. 100-572, eff. 12-29-17.)
25		(720 ILCS 5/24-2)

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1		Sec. 24-2. Exemptions.
2		(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
3		24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
4		the following:
5		(1) Peace officers, and any person summoned by a peace
6		officer to assist in making arrests or preserving the
7		peace, while actually engaged in assisting such officer.
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		while in the performance of their official duty, or while
12		commuting between their homes and places of employment.
13		(3) Members of the Armed Services or Reserve Forces of
14		the United States or the Illinois National Guard or the
15		Reserve Officers Training Corps, while in the performance
16		of their official duty.
17		(4) Special agents employed by a railroad or a public
18		utility to perform police functions, and guards of armored
19		car companies, while actually engaged in the performance of
20		the duties of their employment or commuting between their
21		homes and places of employment; and watchmen while actually
22		engaged in the performance of the duties of their
23		employment.
24		(5) Persons licensed as private security contractors,
25		private detectives, or private alarm contractors, or
26		employed by a private security contractor, private

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

SB1139 Enrolled - 38 - LRB101 04922 SLF 49931 b
1		his or her firearm control card.
2		(6) Any person regularly employed in a commercial or
3		industrial operation as a security guard for the protection
4		of persons employed and private property related to such
5		commercial or industrial operation, while actually engaged
6		in the performance of his or her duty or traveling between
7		sites or properties belonging to the employer, and who, as
8		a security guard, is a member of a security force
9		registered with the Department of Financial and
10		Professional Regulation; provided that such security guard
11		has successfully completed a course of study, approved by
12		and supervised by the Department of Financial and
13		Professional Regulation, consisting of not less than 40
14		hours of training that includes the theory of law
15		enforcement, liability for acts, and the handling of
16		weapons. A person shall be considered eligible for this
17		exemption if he or she has completed the required 20 hours
18		of training for a security officer and 20 hours of required
19		firearm training, and has been issued a firearm control
20		card by the Department of Financial and Professional
21		Regulation. Conditions for the renewal of firearm control
22		cards issued under the provisions of this Section shall be
23		the same as for those cards issued under the provisions of
24		the Private Detective, Private Alarm, Private Security,
25		Fingerprint Vendor, and Locksmith Act of 2004. The firearm
26		control card shall be carried by the security guard at all

SB1139 Enrolled - 39 - LRB101 04922 SLF 49931 b
1		times when he or she is in possession of a concealable
2		weapon permitted by his or her firearm control card.
3		(7) Agents and investigators of the Illinois
4		Legislative Investigating Commission authorized by the
5		Commission to carry the weapons specified in subsections
6		24-1(a)(3) and 24-1(a)(4), while on duty in the course of
7		any investigation for the Commission.
8		(8) Persons employed by a financial institution as a
9		security guard for the protection of other employees and
10		property related to such financial institution, while
11		actually engaged in the performance of their duties,
12		commuting between their homes and places of employment, or
13		traveling between sites or properties owned or operated by
14		such financial institution, and who, as a security guard,
15		is a member of a security force registered with the
16		Department; provided that any person so employed has
17		successfully completed a course of study, approved by and
18		supervised by the Department of Financial and Professional
19		Regulation, consisting of not less than 40 hours of
20		training which includes theory of law enforcement,
21		liability for acts, and the handling of weapons. A person
22		shall be considered to be eligible for this exemption if he
23		or she has completed the required 20 hours of training for
24		a security officer and 20 hours of required firearm
25		training, and has been issued a firearm control card by the
26		Department of Financial and Professional Regulation.

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1		Conditions for renewal of firearm control cards issued
2		under the provisions of this Section shall be the same as
3		for those issued under the provisions of the Private
4		Detective, Private Alarm, Private Security, Fingerprint
5		Vendor, and Locksmith Act of 2004. The firearm control card
6		shall be carried by the security guard at all times when he
7		or she is in possession of a concealable weapon permitted
8		by his or her firearm control card. For purposes of this
9		subsection, "financial institution" means a bank, savings
10		and loan association, credit union or company providing
11		armored car services.
12		(9) Any person employed by an armored car company to
13		drive an armored car, while actually engaged in the
14		performance of his duties.
15		(10) Persons who have been classified as peace officers
16		pursuant to the Peace Officer Fire Investigation Act.
17		(11) Investigators of the Office of the State's
18		Attorneys Appellate Prosecutor authorized by the board of
19		governors of the Office of the State's Attorneys Appellate
20		Prosecutor to carry weapons pursuant to Section 7.06 of the
21		State's Attorneys Appellate Prosecutor's Act.
22		(12) Special investigators appointed by a State's
23		Attorney under Section 3-9005 of the Counties Code.
24		(12.5) Probation officers while in the performance of
25		their duties, or while commuting between their homes,
26		places of employment or specific locations that are part of

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1		their assigned duties, with the consent of the chief judge
2		of the circuit for which they are employed, if they have
3		received weapons training according to requirements of the
4		Peace Officer and Probation Officer Firearm Training Act.
5		(13) Court Security Officers while in the performance
6		of their official duties, or while commuting between their
7		homes and places of employment, with the consent of the
8		Sheriff.
9		(13.5) A person employed as an armed security guard at
10		a nuclear energy, storage, weapons or development site or
11		facility regulated by the Nuclear Regulatory Commission
12		who has completed the background screening and training
13		mandated by the rules and regulations of the Nuclear
14		Regulatory Commission.
15		(14) Manufacture, transportation, or sale of weapons
16		to persons authorized under subdivisions (1) through
17		(13.5) of this subsection to possess those weapons.
18		(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
19		to or affect any person carrying a concealed pistol, revolver,
20		or handgun and the person has been issued a currently valid
21		license under the Firearm Concealed Carry Act at the time of
22		the commission of the offense.
23		(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
24		to or affect a qualified current or retired law enforcement
25		officer qualified under the laws of this State or under the
26		federal Law Enforcement Officers Safety Act.

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1		(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2		24-1.6 do not apply to or affect any of the following:
3		(1) Members of any club or organization organized for
4		the purpose of practicing shooting at targets upon
5		established target ranges, whether public or private, and
6		patrons of such ranges, while such members or patrons are
7		using their firearms on those target ranges.
8		(2) Duly authorized military or civil organizations
9		while parading, with the special permission of the
10		Governor.
11		(3) Hunters, trappers or fishermen with a license or
12		permit while engaged in hunting, trapping or fishing.
13		(4) Transportation of weapons that are broken down in a
14		non-functioning state or are not immediately accessible.
15		(5) Carrying or possessing any pistol, revolver, stun
16		gun or taser or other firearm on the land or in the legal
17		dwelling of another person as an invitee with that person's
18		permission.
19		(c) Subsection 24-1(a)(7) does not apply to or affect any
20		of the following:
21		(1) Peace officers while in performance of their
22		official duties.
23		(2) Wardens, superintendents and keepers of prisons,
24		penitentiaries, jails and other institutions for the
25		detention of persons accused or convicted of an offense.
26		(3) Members of the Armed Services or Reserve Forces of

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1		the United States or the Illinois National Guard, while in
2		the performance of their official duty.
3		(4) Manufacture, transportation, or sale of machine
4		guns to persons authorized under subdivisions (1) through
5		(3) of this subsection to possess machine guns, if the
6		machine guns are broken down in a non-functioning state or
7		are not immediately accessible.
8		(5) Persons licensed under federal law to manufacture
9		any weapon from which 8 or more shots or bullets can be
10		discharged by a single function of the firing device, or
11		ammunition for such weapons, and actually engaged in the
12		business of manufacturing such weapons or ammunition, but
13		only with respect to activities which are within the lawful
14		scope of such business, such as the manufacture,
15		transportation, or testing of such weapons or ammunition.
16		This exemption does not authorize the general private
17		possession of any weapon from which 8 or more shots or
18		bullets can be discharged by a single function of the
19		firing device, but only such possession and activities as
20		are within the lawful scope of a licensed manufacturing
21		business described in this paragraph.
22		During transportation, such weapons shall be broken
23		down in a non-functioning state or not immediately
24		accessible.
25		(6) The manufacture, transport, testing, delivery,
26		transfer or sale, and all lawful commercial or experimental

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1		activities necessary thereto, of rifles, shotguns, and
2		weapons made from rifles or shotguns, or ammunition for
3		such rifles, shotguns or weapons, where engaged in by a
4		person operating as a contractor or subcontractor pursuant
5		to a contract or subcontract for the development and supply
6		of such rifles, shotguns, weapons or ammunition to the
7		United States government or any branch of the Armed Forces
8		of the United States, when such activities are necessary
9		and incident to fulfilling the terms of such contract.
10		The exemption granted under this subdivision (c)(6)
11		shall also apply to any authorized agent of any such
12		contractor or subcontractor who is operating within the
13		scope of his employment, where such activities involving
14		such weapon, weapons or ammunition are necessary and
15		incident to fulfilling the terms of such contract.
16		(7) A person possessing a rifle with a barrel or
17		barrels less than 16 inches in length if: (A) the person
18		has been issued a Curios and Relics license from the U.S.
19		Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
20		the person is an active member of a bona fide, nationally
21		recognized military re-enacting group and the modification
22		is required and necessary to accurately portray the weapon
23		for historical re-enactment purposes; the re-enactor is in
24		possession of a valid and current re-enacting group
25		membership credential; and the overall length of the weapon
26		as modified is not less than 26 inches.

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1		(d) Subsection 24-1(a)(1) does not apply to the purchase,
2		possession or carrying of a black-jack or slung-shot by a peace
3		officer.
4		(e) Subsection 24-1(a)(8) does not apply to any owner,
5		manager or authorized employee of any place specified in that
6		subsection nor to any law enforcement officer.
7		(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8		Section 24-1.6 do not apply to members of any club or
9		organization organized for the purpose of practicing shooting
10		at targets upon established target ranges, whether public or
11		private, while using their firearms on those target ranges.
12		(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13		to:
14		(1) Members of the Armed Services or Reserve Forces of
15		the United States or the Illinois National Guard, while in
16		the performance of their official duty.
17		(2) Bonafide collectors of antique or surplus military
18		ordnance.
19		(3) Laboratories having a department of forensic
20		ballistics, or specializing in the development of
21		ammunition or explosive ordnance.
22		(4) Commerce, preparation, assembly or possession of
23		explosive bullets by manufacturers of ammunition licensed
24		by the federal government, in connection with the supply of
25		those organizations and persons exempted by subdivision
26		(g)(1) of this Section, or like organizations and persons

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1		outside this State, or the transportation of explosive
2		bullets to any organization or person exempted in this
3		Section by a common carrier or by a vehicle owned or leased
4		by an exempted manufacturer.
5		(g-5) Subsection 24-1(a)(6) does not apply to or affect
6		persons licensed under federal law to manufacture any device or
7		attachment of any kind designed, used, or intended for use in
8		silencing the report of any firearm, firearms, or ammunition
9		for those firearms equipped with those devices, and actually
10		engaged in the business of manufacturing those devices,
11		firearms, or ammunition, but only with respect to activities
12		that are within the lawful scope of that business, such as the
13		manufacture, transportation, or testing of those devices,
14		firearms, or ammunition. This exemption does not authorize the
15		general private possession of any device or attachment of any
16		kind designed, used, or intended for use in silencing the
17		report of any firearm, but only such possession and activities
18		as are within the lawful scope of a licensed manufacturing
19		business described in this subsection (g-5). During
20		transportation, these devices shall be detached from any weapon
21		or not immediately accessible.
22		(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
23		24-1.6 do not apply to or affect any parole agent or parole
24		supervisor who meets the qualifications and conditions
25		prescribed in Section 3-14-1.5 of the Unified Code of
26		Corrections.

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1		(g-7) Subsection 24-1(a)(6) does not apply to a peace
2		officer while serving as a member of a tactical response team
3		or special operations team. A peace officer may not personally
4		own or apply for ownership of a device or attachment of any
5		kind designed, used, or intended for use in silencing the
6		report of any firearm. These devices shall be owned and
7		maintained by lawfully recognized units of government whose
8		duties include the investigation of criminal acts.
9		(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
10		24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
11		athlete's possession, transport on official Olympic and
12		Paralympic transit systems established for athletes, or use of
13		competition firearms sanctioned by the International Olympic
14		Committee, the International Paralympic Committee, the
15		International Shooting Sport Federation, or USA Shooting in
16		connection with such athlete's training for and participation
17		in shooting competitions at the 2016 Olympic and Paralympic
18		Games and sanctioned test events leading up to the 2016 Olympic
19		and Paralympic Games.
20		(h) An information or indictment based upon a violation of
21		any subsection of this Article need not negative any exemptions
22		contained in this Article. The defendant shall have the burden
23		of proving such an exemption.
24		(i) Nothing in this Article shall prohibit, apply to, or
25		affect the transportation, carrying, or possession, of any
26		pistol or revolver, stun gun, taser, or other firearm consigned

SB1139 Enrolled - 48 - LRB101 04922 SLF 49931 b
1		to a common carrier operating under license of the State of
2		Illinois or the federal government, where such transportation,
3		carrying, or possession is incident to the lawful
4		transportation in which such common carrier is engaged; and
5		nothing in this Article shall prohibit, apply to, or affect the
6		transportation, carrying, or possession of any pistol,
7		revolver, stun gun, taser, or other firearm, not the subject of
8		and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
9		this Article, which is unloaded and enclosed in a case, firearm
10		carrying box, shipping box, or other container, by the
11		possessor of a valid Firearm Owners Identification Card.
12		(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
13		Section 99. Effective date. This Act takes effect upon
14		becoming law.