Rep. Kathleen Willis
Filed: 5/15/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1966




2 AMENDMENT NO. ______. Amend Senate Bill 1966 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act may be referred to as the Fix the FOID 
5Act. 

6 Section 5. The Freedom of Information Act is amended by 
7changing Section 7.5 as follows:

8 (5 ILCS 140/7.5)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be exempt 
11from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
 
 
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1 library users with specific materials under the Library 
2 Records Confidentiality Act.
3  (c) Applications, related documents, and medical 
4 records received by the Experimental Organ Transplantation 
5 Procedures Board and any and all documents or other records 
6 prepared by the Experimental Organ Transplantation 
7 Procedures Board or its staff relating to applications it 
8 has received.
9  (d) Information and records held by the Department of 
10 Public Health and its authorized representatives relating 
11 to known or suspected cases of sexually transmissible 
12 disease or any information the disclosure of which is 
13 restricted under the Illinois Sexually Transmissible 
14 Disease Control Act.
15  (e) Information the disclosure of which is exempted 
16 under Section 30 of the Radon Industry Licensing Act.
17  (f) Firm performance evaluations under Section 55 of 
18 the Architectural, Engineering, and Land Surveying 
19 Qualifications Based Selection Act.
20  (g) Information the disclosure of which is restricted 
21 and exempted under Section 50 of the Illinois Prepaid 
22 Tuition Act.
23  (h) Information the disclosure of which is exempted 
24 under the State Officials and Employees Ethics Act, and 
25 records of any lawfully created State or local inspector 
26 general's office that would be exempt if created or 
 
 
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1 obtained by an Executive Inspector General's office under 
2 that Act.
3  (i) Information contained in a local emergency energy 
4 plan submitted to a municipality in accordance with a local 
5 emergency energy plan ordinance that is adopted under 
6 Section 11-21.5-5 of the Illinois Municipal Code.
7  (j) Information and data concerning the distribution 
8 of surcharge moneys collected and remitted by carriers 
9 under the Emergency Telephone System Act.
10  (k) Law enforcement officer identification information 
11 or driver identification information compiled by a law 
12 enforcement agency or the Department of Transportation 
13 under Section 11-212 of the Illinois Vehicle Code.
14  (l) Records and information provided to a residential 
15 health care facility resident sexual assault and death 
16 review team or the Executive Council under the Abuse 
17 Prevention Review Team Act.
18  (m) Information provided to the predatory lending 
19 database created pursuant to Article 3 of the Residential 
20 Real Property Disclosure Act, except to the extent 
21 authorized under that Article.
22  (n) Defense budgets and petitions for certification of 
23 compensation and expenses for court appointed trial 
24 counsel as provided under Sections 10 and 15 of the Capital 
25 Crimes Litigation Act. This subsection (n) shall apply 
26 until the conclusion of the trial of the case, even if the 
 
 
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1 prosecution chooses not to pursue the death penalty prior 
2 to trial or sentencing.
3  (o) Information that is prohibited from being 
4 disclosed under Section 4 of the Illinois Health and 
5 Hazardous Substances Registry Act.
6  (p) Security portions of system safety program plans, 
7 investigation reports, surveys, schedules, lists, data, or 
8 information compiled, collected, or prepared by or for the 
9 Regional Transportation Authority under Section 2.11 of 
10 the Regional Transportation Authority Act or the St. Clair 
11 County Transit District under the Bi-State Transit Safety 
12 Act. 
13  (q) Information prohibited from being disclosed by the 
14 Personnel Record Records Review Act. 
15  (r) Information prohibited from being disclosed by the 
16 Illinois School Student Records Act. 
17  (s) Information the disclosure of which is restricted 
18 under Section 5-108 of the Public Utilities Act. 

19  (t) All identified or deidentified health information 
20 in the form of health data or medical records contained in, 
21 stored in, submitted to, transferred by, or released from 
22 the Illinois Health Information Exchange, and identified 
23 or deidentified health information in the form of health 
24 data and medical records of the Illinois Health Information 
25 Exchange in the possession of the Illinois Health 
26 Information Exchange Authority due to its administration 
 
 
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1 of the Illinois Health Information Exchange. The terms 
2 "identified" and "deidentified" shall be given the same 
3 meaning as in the Health Insurance Portability and 
4 Accountability Act of 1996, Public Law 104-191, or any 
5 subsequent amendments thereto, and any regulations 
6 promulgated thereunder. 
7  (u) Records and information provided to an independent 
8 team of experts under the Developmental Disability and 
9 Mental Health Safety Act (also known as Brian's Law). 
10  (v) Names and information of people who have applied 
11 for or received Firearm Owner's Identification Cards under 
12 the Firearm Owners Identification Card Act or applied for 
13 or received a concealed carry license under the Firearm 
14 Concealed Carry Act, unless otherwise authorized by the 
15 Firearm Concealed Carry Act; and databases under the 
16 Firearm Concealed Carry Act, records of the Concealed Carry 
17 Licensing Review Board under the Firearm Concealed Carry 
18 Act, and law enforcement agency objections under the 
19 Firearm Concealed Carry Act. 
20  (w) Personally identifiable information which is 
21 exempted from disclosure under subsection (g) of Section 
22 19.1 of the Toll Highway Act.
23  (x) Information which is exempted from disclosure 
24 under Section 5-1014.3 of the Counties Code or Section 
25 8-11-21 of the Illinois Municipal Code. 
26  (y) Confidential information under the Adult 
 
 
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1 Protective Services Act and its predecessor enabling 
2 statute, the Elder Abuse and Neglect Act, including 
3 information about the identity and administrative finding 
4 against any caregiver of a verified and substantiated 
5 decision of abuse, neglect, or financial exploitation of an 
6 eligible adult maintained in the Registry established 
7 under Section 7.5 of the Adult Protective Services Act. 
8  (z) Records and information provided to a fatality 
9 review team or the Illinois Fatality Review Team Advisory 
10 Council under Section 15 of the Adult Protective Services 
11 Act. 
12  (aa) Information which is exempted from disclosure 
13 under Section 2.37 of the Wildlife Code. 
14  (bb) Information which is or was prohibited from 
15 disclosure by the Juvenile Court Act of 1987. 
16  (cc) Recordings made under the Law Enforcement 
17 Officer-Worn Body Camera Act, except to the extent 
18 authorized under that Act.
19  (dd) Information that is prohibited from being 
20 disclosed under Section 45 of the Condominium and Common 
21 Interest Community Ombudsperson Act. 
22  (ee) Information that is exempted from disclosure 
23 under Section 30.1 of the Pharmacy Practice Act. 
24  (ff) Information that is exempted from disclosure 
25 under the Revised Uniform Unclaimed Property Act. 
26  (gg) Information that is prohibited from being 
 
 
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1 disclosed under Section 7-603.5 of the Illinois Vehicle 
2 Code. 
3  (hh) Records that are exempt from disclosure under 
4 Section 1A-16.7 of the Election Code. 
5  (ii) Information which is exempted from disclosure 
6 under Section 2505-800 of the Department of Revenue Law of 
7 the Civil Administrative Code of Illinois. 
8  (jj) Information and reports that are required to be 
9 submitted to the Department of Labor by registering day and 
10 temporary labor service agencies but are exempt from 
11 disclosure under subsection (a-1) of Section 45 of the Day 
12 and Temporary Labor Services Act. 
13  (kk) Information prohibited from disclosure under the 
14 Seizure and Forfeiture Reporting Act. 
15  (ll) Information the disclosure of which is restricted 
16 and exempted under Section 5-30.8 of the Illinois Public 
17 Aid Code. 
18  (mm) (ll) Records that are exempt from disclosure under 
19 Section 4.2 of the Crime Victims Compensation Act. 
20  (nn) (ll) Information that is exempt from disclosure 
21 under Section 70 of the Higher Education Student Assistance 
22 Act. 
23  (oo) Records exempt from disclosure under Section 
24 2605-304 of the Department of State Police Law of the Civil 
25 Administrative Code of Illinois. 
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
 
 
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1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
48-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
5eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
6100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 
710-12-18.)

8 Section 10. The Department of State Police Law of the
Civil 
9Administrative Code of Illinois is amended by changing Section 
102605-605 and by adding Section 2605-304 as follows:

11 (20 ILCS 2605/2605-304 new)
12 Sec. 2605-304. Prohibited persons portal.
13 (a) Within 90 days after the effective date of this 
14amendatory Act of the 101st General Assembly, the Department 
15shall establish a portal for use by federal, State, or local 
16law enforcement agencies, including Offices of the State's 
17Attorneys and the Office of the Attorney General to capture a 
18report of persons whose Firearm Owner's Identification Cards 
19have been revoked or suspended. The portal is for law 
20enforcement purposes only.
21 (b) The Department shall include in the report the reason 
22the person's Firearm Owner's Identification Card was subject to 
23revocation or suspension, to the extent allowed by law, 
24consistent with Section 8 of the Firearm Owners Identification 
 
 
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1Card Act. 
2 (c) The Department shall indicate whether the person 
3subject to the revocation or suspension of his or her Firearm 
4Owner's Identification Card has surrendered his or her revoked 
5or suspended Firearm Owner's Identification Card and whether 
6the person has completed a Firearm Disposition Record required 
7under Section 9.5 of the Firearm Owners Identification Card 
8Act. The Department shall make reasonable efforts to make this 
9information available on the Law Enforcement Agencies Data 
10System (LEADS). 
11 (d) The Department shall provide updates of information 
12related to an individual's current Firearm Owner's 
13Identification Card revocation or suspension status, including 
14compliance under Section 9.5 of the Firearm Owners 
15Identification Card Act, in the Department's Law Enforcement 
16Agencies Data System. 
17 (e) Records in this portal are exempt from disclosure under 
18the Freedom of Information Act. 
19 (f) The Department may adopt rules necessary to implement 
20this Section. 

21 (20 ILCS 2605/2605-605)
22 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
23Director of State Police shall may establish a statewide 
24multi-jurisdictional Violent Crime Intelligence Task Force led 
25by the Department of State Police dedicated to combating gun 
 
 
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1violence, gun-trafficking, and other violent crime with the 
2primary mission of preservation of life and reducing the 
3occurrence and the fear of crime. The objectives of the Task 
4Force shall include, but not be limited to, reducing and 
5preventing illegal possession and use of firearms, 
6firearm-related homicides, and other violent crimes. 
7 (1) The Task Force may develop and acquire information, 
8training, tools, and resources necessary to implement a 
9data-driven approach to policing, with an emphasis on 
10intelligence development.
11 (2) The Task Force may utilize information sharing, 
12partnerships, crime analysis, and evidence-based practices to 
13assist in the reduction of firearm-related shootings, 
14homicides, and gun-trafficking.
15 (3) The Task Force may recognize and utilize best practices 
16of community policing and may develop potential partnerships 
17with faith-based and community organizations to achieve its 
18goals.
19 (4) The Task Force may identify and utilize best practices 
20in drug-diversion programs and other community-based services 
21to redirect low-level offenders.
22 (5) The Task Force may assist in violence suppression 
23strategies including, but not limited to, details in identified 
24locations that have shown to be the most prone to gun violence 
25and violent crime, focused deterrence against violent gangs and 
26groups considered responsible for the violence in communities, 
 
 
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1and other intelligence driven methods deemed necessary to 
2interrupt cycles of violence or prevent retaliation.
3 (6) In consultation with the Chief Procurement Officer, the 
4Department of State Police may obtain contracts for software, 
5commodities, resources, and equipment to assist the Task Force 
6with achieving this Act. Any contracts necessary to support the 
7delivery of necessary software, commodities, resources, and 
8equipment are not subject to the Illinois Procurement Code, 
9except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 
1050 of that Code, provided that the Chief Procurement Officer 
11may, in writing with justification, waive any certification 
12required under Article 50 of the Illinois Procurement Code.

13 (7) The Task Force shall conduct enforcement operations 
14against persons whose Firearm Owner's Identification Cards 
15have been revoked or suspended and persons who fail to comply 
16with the requirements of Section 9.5 of the Firearm Owners 
17Identification Card Act, prioritizing individuals presenting a 
18clear and present danger to themselves or to others under 
19paragraph (2) of subsection (d) of Section 8.1 of the Firearm 
20Owners Identification Card Act.
21 (8) The Task Force shall collaborate with local law 
22enforcement agencies to enforce provisions of the Firearm 
23Owners Identification Card Act, the Firearm Concealed Carry 
24Act, the Firearm Dealer License Certification Act, and Article 
2524 of the Criminal Code of 2012.
26 (9) The Director of State Police may establish 
 
 
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1intergovernmental contracts written and executed in conformity 
2with the Intergovernmental Cooperation Act.
3(Source: P.A. 100-3, eff. 1-1-18.)

4 Section 15. The State Finance Act is amended by adding 
5Sections 5.891, 5.893, 6z-107, and 6z-108 as follows:

6 (30 ILCS 105/5.891 new)
7 Sec. 5.891. The State Police Revocation Enforcement Fund.

8 (30 ILCS 105/5.893 new)
9 Sec. 5.893. The School-Based Mental Health Services Fund.

10 (30 ILCS 105/6z-107 new)
11 Sec. 6z-107. State Police Revocation Enforcement Fund.
12 (a) The State Police Revocation Enforcement Fund is 
13established as a special fund in the State treasury. This Fund 
14is established to receive moneys from the Firearm Owners 
15Identification Card Act to enforce that Act, the Firearm 
16Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
17and other firearm offenses. The Fund may also receive revenue 
18from grants, donations, appropriations, and any other legal 
19source.
20 (b) The Department of State Police may use moneys from the 
21Fund to establish task forces and, if necessary, include other 
22law enforcement agencies, pursuant to intergovernmental 
 
 
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1contracts written and executed in conformity with the 
2Intergovernmental Cooperation Act.
3 (c) The Department of State Police may use moneys in the 
4Fund to hire and train State Police officers and other law 
5enforcement purposes.
6 (d) The State Police Revocation Enforcement Fund is not 
7subject to administrative chargebacks.

8 (30 ILCS 105/6z-108 new)
9 Sec. 6z-108. School-Based Mental Health Services Fund. The 
10School-Based Mental Health Services Fund is created as a 
11special fund in the State treasury. Moneys in the fund shall be 
12distributed annually by the Department of Human Services to 
13issue grants that use and promote the National School Mental 
14Health Curriculum model for school-based mental health 
15support, integration, and services. The Department of Human 
16Services may adopt any rules necessary to carry out this 
17provision.

18 Section 20. The Firearm Owners Identification Card Act is 
19amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 7, 8, 9.5, 
20and 14 and by adding Sections 7.5 and 8.4 as follows:



21 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

22 Sec. 1.1. For purposes of this Act: 

23 "Addicted to narcotics" means a person who has been: 
 
 
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1  (1) convicted of an offense involving the use or 
2 possession of cannabis, a controlled substance, or 
3 methamphetamine within the past year; or 
4  (2) determined by the Department of State Police to be 
5 addicted to narcotics based upon federal law or federal 
6 guidelines. 
7 "Addicted to narcotics" does not include possession or use 
8of a prescribed controlled substance under the direction and 
9authority of a physician or other person authorized to 
10prescribe the controlled substance when the controlled 
11substance is used in the prescribed manner.
12 "Adjudicated as a person with a mental disability" means 
13the person is the subject of a determination by a court, board, 
14commission or other lawful authority that the person, as a 
15result of marked subnormal intelligence, or mental illness, 
16mental impairment, incompetency, condition, or disease:
17  (1) presents a clear and present danger to himself, 
18 herself, or to others;
19  (2) lacks the mental capacity to manage his or her own 
20 affairs or is adjudicated a person with a disability as 
21 defined in Section 11a-2 of the Probate Act of 1975;
22  (3) is not guilty in a criminal case by reason of 
23 insanity, mental disease or defect;
24  (3.5) is guilty but mentally ill, as provided in 
25 Section 5-2-6 of the Unified Code of Corrections; 
26  (4) is incompetent to stand trial in a criminal case; 
 
 
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1  (5) is not guilty by reason of lack of mental 
2 responsibility under Articles 50a and 72b of the Uniform 
3 Code of Military Justice, 10 U.S.C. 850a, 876b;

4  (6) is a sexually violent person under subsection (f) 
5 of Section 5 of the Sexually Violent Persons Commitment 
6 Act; 
7  (7) is a sexually dangerous person under the Sexually 
8 Dangerous Persons Act; 
9  (8) is unfit to stand trial under the Juvenile Court 
10 Act of 1987; 
11  (9) is not guilty by reason of insanity under the 
12 Juvenile Court Act of 1987; 
13  (10) is subject to involuntary admission as an 
14 inpatient as defined in Section 1-119 of the Mental Health 
15 and Developmental Disabilities Code; 
16  (11) is subject to involuntary admission as an 
17 outpatient as defined in Section 1-119.1 of the Mental 
18 Health and Developmental Disabilities Code; 
19  (12) is subject to judicial admission as set forth in 
20 Section 4-500 of the Mental Health and Developmental 
21 Disabilities Code; or 
22  (13) is subject to the provisions of the Interstate 
23 Agreements on Sexually Dangerous Persons Act. 
24 "Clear and present danger" means a person who:
25  (1) communicates a serious threat of physical violence 
26 against a reasonably identifiable victim or poses a clear 
 
 
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1 and imminent risk of serious physical injury to himself, 
2 herself, or another person as determined by a physician, 
3 clinical psychologist, or qualified examiner; or
4  (2) demonstrates threatening physical or verbal 
5 behavior, such as violent, suicidal, or assaultive 
6 threats, actions, or other behavior, as determined by a 
7 physician, clinical psychologist, qualified examiner, 
8 school administrator, or law enforcement official, 
9 including any act that
is intended to cause or create a 
10 risk and does cause or create a risk of death
or great 
11 bodily harm to one or more persons.
12 "Clinical psychologist" has the meaning provided in 
13Section 1-103 of the Mental Health and Developmental 
14Disabilities Code.
15 "Controlled substance" means a controlled substance or 
16controlled substance analog as defined in the Illinois 
17Controlled Substances Act. 
18 "Counterfeit" means to copy or imitate, without legal 
19authority, with
intent
to deceive.
20 "Federally licensed firearm dealer" means a person who is 
21licensed as a federal firearms dealer under Section 923 of the 
22federal Gun Control Act of 1968 (18 U.S.C. 923).


23 "Firearm" means any device, by
whatever name known, which 
24is designed to expel a projectile or projectiles
by the action 
25of an explosion, expansion of gas or escape of gas; excluding,

26however:

 
 
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1  (1) any pneumatic gun, spring gun, paint ball gun, or 
2 B-B gun which
expels a single globular projectile not 
3 exceeding .18 inch in
diameter or which has a maximum 
4 muzzle velocity of less than 700 feet
per second;

5  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
6 B-B gun which expels breakable paint balls containing 
7 washable marking colors; 
8  (2) any device used exclusively for signalling or 
9 safety and required or
recommended by the United States 
10 Coast Guard or the Interstate Commerce
Commission;

11  (3) any device used exclusively for the firing of stud 
12 cartridges,
explosive rivets or similar industrial 
13 ammunition; and

14  (4) an antique firearm (other than a machine-gun) 
15 which, although
designed as a weapon, the Department of 
16 State Police finds by reason of
the date of its 
17 manufacture, value, design, and other characteristics is

18 primarily a collector's item and is not likely to be used 
19 as a weapon.

20 "Firearm ammunition" means any self-contained cartridge or 
21shotgun
shell, by whatever name known, which is designed to be 
22used or adaptable to
use in a firearm; excluding, however:

23  (1) any ammunition exclusively designed for use with a 
24 device used
exclusively for signalling or safety and 
25 required or recommended by the
United States Coast Guard or 
26 the Interstate Commerce Commission; and

 
 
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1  (2) any ammunition designed exclusively for use with a 
2 stud or rivet
driver or other similar industrial 
3 ammunition.
4 "Gun show" means an event or function:
5  (1) at which the sale and transfer of firearms is the 
6 regular and normal course of business and where 50 or more 
7 firearms are displayed, offered, or exhibited for sale, 
8 transfer, or exchange; or
9  (2) at which not less than 10 gun show vendors display, 
10 offer, or exhibit for sale, sell, transfer, or exchange 
11 firearms.

12 "Gun show" includes the entire premises provided for an 
13event or function, including parking areas for the event or 
14function, that is sponsored to facilitate the purchase, sale, 
15transfer, or exchange of firearms as described in this Section.

16Nothing in this definition shall be construed to exclude a gun 
17show held in conjunction with competitive shooting events at 
18the World Shooting Complex sanctioned by a national governing 
19body in which the sale or transfer of firearms is authorized 
20under subparagraph (5) of paragraph (g) of subsection (A) of 
21Section 24-3 of the Criminal Code of 2012. 
22 Unless otherwise expressly stated, "gun show" does not 
23include training or safety classes, competitive shooting 
24events, such as rifle, shotgun, or handgun matches, trap, 
25skeet, or sporting clays shoots, dinners, banquets, raffles, or

26any other event where the sale or transfer of firearms is not 
 
 
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1the primary course of business.
2 "Gun show promoter" means a person who organizes or 
3operates a gun show.
4 "Gun show vendor" means a person who exhibits, sells, 
5offers for sale, transfers, or exchanges any firearms at a gun 
6show, regardless of whether the person arranges with a gun show 
7promoter for a fixed location from which to exhibit, sell, 
8offer for sale, transfer, or exchange any firearm.
9 "Involuntarily admitted" has the meaning as prescribed in 
10Sections 1-119 and 1-119.1 of the Mental Health and 
11Developmental Disabilities Code. 
12 "Mental health facility" means any licensed private 
13hospital or hospital affiliate, institution, or facility, or 
14part thereof, and any facility, or part thereof, operated by 
15the State or a political subdivision thereof which provide 
16treatment of persons with mental illness and includes all 
17hospitals, institutions, clinics, evaluation facilities, 
18mental health centers, colleges, universities, long-term care 
19facilities, and nursing homes, or parts thereof, which provide 
20treatment of persons with mental illness whether or not the 
21primary purpose is to provide treatment of persons with mental 
22illness. 
23 "National governing body" means a group of persons who 
24adopt rules and formulate policy on behalf of a national 
25firearm sporting organization. 
26 "Patient" means: 
 
 
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1  (1) a person who is admitted as an inpatient or 
2 resident of a public or private mental health facility for 
3 mental health treatment under Chapter III of the Mental 
4 Health and Developmental Disabilities Code as an informal 
5 admission, a voluntary admission, a minor admission, an 
6 emergency admission, or an involuntary admission, unless 
7 the treatment was solely for an alcohol abuse disorder; or 
8  (2) a person who voluntarily or involuntarily receives 
9 mental health treatment as an out-patient or is otherwise 
10 provided services by a public or private mental health 
11 facility, and who poses a clear and present danger to 
12 himself, herself, or to others. 
13 "Person with a developmental disability" means a person 
14with a disability which is attributable to any other condition 
15which results in impairment similar to that caused by an 
16intellectual disability and which requires services similar to 
17those required by persons with intellectual disabilities. The 
18disability must originate before the age of 18
years, be 
19expected to continue indefinitely, and constitute a 
20substantial disability. This disability results, in the 
21professional opinion of a physician, clinical psychologist, or 
22qualified examiner, in significant functional limitations in 3 
23or more of the following areas of major life activity:
24  (i) self-care;
25  (ii) receptive and expressive language;
26  (iii) learning;
 
 
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1  (iv) mobility; or
2  (v) self-direction. 
3 "Person with an intellectual disability" means a person 
4with a significantly subaverage general intellectual 
5functioning which exists concurrently with impairment in 
6adaptive behavior and which originates before the age of 18 
7years. 
8 "Physician" has the meaning as defined in Section 1-120 of 
9the Mental Health and Developmental Disabilities Code.
10 "Qualified examiner" has the meaning provided in Section 
111-122 of the Mental Health and Developmental Disabilities Code.
12 "Sanctioned competitive shooting event" means a shooting 
13contest officially recognized by a national or state shooting 
14sport association, and includes any sight-in or practice 
15conducted in conjunction with the event.


16 "School administrator" means the person required to report 
17under the School Administrator Reporting of Mental Health Clear 
18and Present Danger Determinations Law.
19 "Stun gun or taser" has the meaning ascribed to it in 
20Section 24-1 of the Criminal Code of 2012.
21(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
2299-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

23 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
24 Sec. 3. Requirements for firearm transfers. 
25 (a) A Except as provided in Section 3a, no person shall not 
 
 
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1may knowingly
transfer, or cause to be transferred, any 
2firearm, firearm ammunition, stun gun, or taser to any person 
3within this State unless the
transferee with whom he or she 
4deals displays either: (1) a currently valid Firearm Owner's

5Identification Card which has previously been issued in his or 
6her name by the
Department of State Police under the provisions 
7of this Act; or (2) a currently valid license to carry a 
8concealed firearm which has previously been issued in his or 
9her name by the
Department of State Police under the Firearm 
10Concealed Carry Act. In addition,
all firearm, stun gun, and 
11taser transfers by federally licensed firearm dealers are 
12subject
to Section 3.1.
13 (a-5) Beginning 90 days after the effective date of this 
14amendatory Act of the 101st General Assembly, notwithstanding 
15item (2) of subsection (a) of this Section, any person who is 
16not a federally licensed firearm dealer and who desires to 
17transfer or sell a firearm or firearms to any person who is not 
18a federally licensed firearm dealer shall do so only through a 
19federally licensed firearms dealer as follows: 
20  (1) the seller or transferor shall give the firearm to 
21 the federally licensed firearms dealer, who shall retain 
22 possession of the firearm until every legal requirement for 
23 the sale or transfer has been met;
24  (2) the federally licensed firearms dealer shall 
25 process the sale or other transfer in compliance with any 
26 federal, State, and local law, including a National Instant 
 
 
10100SB1966ham001- 23 -LRB101 09230 RLC 60716 a


1 Criminal Background Check System background check on the 
2 buyer or transferee in accordance with 18 U.S.C. 922(t) and 
3 Section 3.1;
4   (A) if the transaction is not legally prohibited, 
5 the federally licensed firearm dealer may then 
6 complete transfer the firearm to the buyer or 
7 transferee;
8   (B) if the transaction is legally prohibited, the 
9 federally licensed firearm dealer shall conduct a 
10 National Instant Criminal Background Check System 
11 background check under paragraph (2) of this 
12 subsection (a-5) on the transferor or seller before 
13 returning the firearm;
14   (C) if the federally licensed firearm dealer 
15 cannot return the firearm to either party, the dealer 
16 shall notify a local law enforcement agency within 24 
17 hours to take possession of the firearm;
18   (D) if there is a delay in completing a background 
19 check, the federally licensed firearms dealer shall 
20 maintain possession of the firearm until the 
21 background check is completed;
22  (3) the federally licensed firearms dealer shall 
23 ensure that all required documentation of the sale or 
24 transfer are maintained in accordance with federal, State, 
25 and local law, including, but not limited to, the 
26 completion of the Bureau of Alcohol, Tobacco, Firearms, and 
 
 
10100SB1966ham001- 24 -LRB101 09230 RLC 60716 a


1 Explosives Firearm Transaction Record Form 4473 which 
2 shall be open to inspection in accordance the Firearm 
3 Dealer License Certification Act;
4  (4) the federally licensed firearms dealer may charge a 
5 fee not to exceed $10 to perform the sale or transfer under 
6 this Section; and
7  (5) no transfer of a firearm shall occur until an 
8 approval is issued by the Department and the required 
9 waiting period established by Section 24-3 of the Criminal 
10 Code of 2012 has expired. 
11 This subsection shall not apply to sales or transfers by a:
12  (A) law enforcement, corrections, or active duty 
13 military officer acting within the course of his or her 
14 employment or official duties;
15  (B) person acting under operation of law or court 
16 order;
17  (C) gunsmith who receives the firearm solely for the 
18 purpose of service or repair;
19  (D) person acting on behalf of a common carrier or 
20 other business for purposes of transportation or storage in 
21 the ordinary course of his or her business;
22  (E) person who is loaned a firearm while on the 
23 premises of a licensed shooting range for the sole purpose 
24 of shooting at targets, if the firearm is kept within the 
25 premises of the shooting range;
26  (F) minor who is loaned a firearm for lawful hunting or 
 
 
10100SB1966ham001- 25 -LRB101 09230 RLC 60716 a


1 sporting purposes while under the direct supervision of an 
2 adult;
3  (G) person who acquires a firearm upon the death of 
4 another person from a will, bequest, inheritance, or as a 
5 bona fide gift from an immediate family member, as long as 
6 he or she notifies the Department of State Police under 
7 Section 3.1 within 60 days, at which time the Department of 
8 State Police shall conduct a National Instant Criminal 
9 Background Check System background check on the person. In 
10 this paragraph, "immediate family member" means a spouse, 
11 domestic partner, children, step-children, parents, or 
12 step-parents;
13  (H) person who transfers a firearm to a law enforcement 
14 agency; or
15  (I) person who is loaned a firearm for lawful hunting 
16 or sporting purposes while in the presence of the lawful 
17 owner of the firearm. 
18 Any person who is not a federally licensed firearm dealer and 
19 who desires to transfer or sell a firearm while that person 
20 is on the grounds of a gun show must, before selling or 
21 transferring the firearm, request the Department of State 
22 Police to conduct a background check on the prospective 
23 recipient of the firearm in accordance with Section 3.1.
24 (a-10) The Department of State Police shall publish, on its 
25website, information for holders of Firearm Owner's 
26Identification Cards that includes the changes included in this 
 
 
10100SB1966ham001- 26 -LRB101 09230 RLC 60716 a


1amendatory Act of the 101st General Assembly. Any Firearm 
2Owner's Identification Card issued or renewed on or after the 
3effective date of this amendatory Act of the 101st General 
4Assembly shall include a statement indicating the changes 
5pertinent in this amendatory Act of the 101st General Assembly 
6for Firearm Owner's Identification Card holders. 
7Notwithstanding item (2) of subsection (a) of this Section, any 
8person who is not a federally licensed firearm dealer and who 
9desires to transfer or sell a firearm or firearms to any person 
10who is not a federally licensed firearm dealer shall, before 
11selling or transferring the firearms, contact the Department of 
12State Police with the transferee's or purchaser's Firearm 
13Owner's Identification Card number to determine the validity of 
14the transferee's or purchaser's Firearm Owner's Identification 
15Card. This subsection shall not be effective until January 1, 
162014. The Department of State Police may adopt rules concerning 
17the implementation of this subsection. The Department of State 
18Police shall provide the seller or transferor an approval 
19number if the purchaser's Firearm Owner's Identification Card 
20is valid. Approvals issued by the Department for the purchase 
21of a firearm pursuant to this subsection are valid for 30 days 
22from the date of issue.
23 (a-15) (Blank). The provisions of subsection (a-10) of this 
24Section do not apply to:
25  (1) transfers that occur at the place of business of a 
26 federally licensed firearm dealer, if the federally 
 
 
10100SB1966ham001- 27 -LRB101 09230 RLC 60716 a


1 licensed firearm dealer conducts a background check on the 
2 prospective recipient of the firearm in accordance with 
3 Section 3.1 of this Act and follows all other applicable 
4 federal, State, and local laws as if he or she were the 
5 seller or transferor of the firearm, although the dealer is 
6 not required to accept the firearm into his or her 
7 inventory. The purchaser or transferee may be required by 
8 the federally licensed firearm dealer to pay a fee not to 
9 exceed $10 per firearm, which the dealer may retain as 
10 compensation for performing the functions required under 
11 this paragraph, plus the applicable fees authorized by 
12 Section 3.1;
13  (2) transfers as a bona fide gift to the transferor's 
14 husband, wife, son, daughter, stepson, stepdaughter, 
15 father, mother, stepfather, stepmother, brother, sister, 
16 nephew, niece, uncle, aunt, grandfather, grandmother, 
17 grandson, granddaughter, father-in-law, mother-in-law, 
18 son-in-law, or daughter-in-law;
19  (3) transfers by persons acting pursuant to operation 
20 of law or a court order;
21  (4) transfers on the grounds of a gun show under 
22 subsection (a-5) of this Section;
23  (5) the delivery of a firearm by its owner to a 
24 gunsmith for service or repair, the return of the firearm 
25 to its owner by the gunsmith, or the delivery of a firearm 
26 by a gunsmith to a federally licensed firearms dealer for 
 
 
10100SB1966ham001- 28 -LRB101 09230 RLC 60716 a


1 service or repair and the return of the firearm to the 
2 gunsmith;
3  (6) temporary transfers that occur while in the home of 
4 the unlicensed transferee, if the unlicensed transferee is 
5 not otherwise prohibited from possessing firearms and the 
6 unlicensed transferee reasonably believes that possession 
7 of the firearm is necessary to prevent imminent death or 
8 great bodily harm to the unlicensed transferee;
9  (7) transfers to a law enforcement or corrections 
10 agency or a law enforcement or corrections officer acting 
11 within the course and scope of his or her official duties;
12  (8) transfers of firearms that have been rendered 
13 permanently inoperable to a nonprofit historical society, 
14 museum, or institutional collection; and
15  (9) transfers to a person who is exempt from the 
16 requirement of possessing a Firearm Owner's Identification 
17 Card under Section 2 of this Act.
18 (a-20) (Blank). The Department of State Police shall 
19develop an Internet-based system for individuals to determine 
20the validity of a Firearm Owner's Identification Card prior to 
21the sale or transfer of a firearm. The Department shall have 
22the Internet-based system completed and available for use by 
23July 1, 2015. The Department shall adopt rules not inconsistent 
24with this Section to implement this system.
25 (b) Any resident may purchase ammunition from a person 
26within or outside of this State if shipment is by United States 
 
 
10100SB1966ham001- 29 -LRB101 09230 RLC 60716 a


1mail or by a private express carrier authorized by federal law 
2to ship ammunition. Any resident purchasing ammunition within 
3or outside the State must provide the seller with a copy of his 
4or her valid Firearm Owner's Identification Card or valid 
5concealed carry license and either his or her Illinois driver's 
6license or Illinois Identification Card prior to the shipment 
7of the ammunition. The ammunition may be shipped only to an 
8address on either of those 2 documents. Any person within this 
9State who transfers or causes to be
transferred any firearm, 
10stun gun, or taser shall keep a record of such transfer for a 
11period
of 10 years from the date of transfer. Such record shall 
12contain the date
of the transfer; the description, serial 
13number or other information
identifying the firearm, stun gun, 
14or taser if no serial number is available; and, if the
transfer 
15was completed within this State, the transferee's Firearm 
16Owner's
Identification Card number and any approval number or 
17documentation provided by the Department of State Police 
18pursuant to subsection (a-10) of this Section; if the transfer 
19was not completed within this State, the record shall contain 
20the name and address of the transferee. On or after January 1, 
212006, the record shall contain the date of application for 
22transfer of the firearm. On demand of a peace officer such 
23transferor
shall produce for inspection such record of 
24transfer. If the transfer or sale took place at a gun show, the 
25record shall include the unique identification number. Failure 
26to record the unique identification number or approval number 
 
 
10100SB1966ham001- 30 -LRB101 09230 RLC 60716 a


1is a petty offense.
For transfers of a firearm, stun gun, or 
2taser made on or after the effective date of this amendatory 
3Act of the 100th General Assembly, failure by the private 
4seller to maintain the transfer records in accordance with this 
5Section is a Class A misdemeanor for the first offense and a 
6Class 4 felony for a second or subsequent offense. A transferee 
7shall not be criminally liable under this Section provided that 
8he or she provides the Department of State Police with the 
9transfer records in accordance with procedures established by 
10the Department. The Department shall establish, by rule, a 
11standard form on its website. 
12 (b-5) (Blank). Any resident may purchase ammunition from a 
13person within or outside of Illinois if shipment is by United 
14States mail or by a private express carrier authorized by 
15federal law to ship ammunition. Any resident purchasing 
16ammunition within or outside the State of Illinois must provide 
17the seller with a copy of his or her valid Firearm Owner's 
18Identification Card or valid concealed carry license and either 
19his or her Illinois driver's license or Illinois State 
20Identification Card prior to the shipment of the ammunition. 
21The ammunition may be shipped only to an address on either of 
22those 2 documents.
23 (c) The provisions of this Section regarding the transfer 
24of firearm
ammunition shall not apply to those persons 
25specified in paragraph (b) of
Section 2 of this Act.
26(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)




 
 
10100SB1966ham001- 31 -LRB101 09230 RLC 60716 a


1 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)



2 Sec. 3a. (a) Any resident of Illinois who has obtained a 
3firearm
owner's identification card pursuant to this Act and 
4who is not otherwise
prohibited from obtaining, possessing or 
5using a firearm may purchase or
obtain a rifle or shotgun or 
6ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, 
7Wisconsin or Kentucky.

8 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or 
9Kentucky
or a
non-resident with a valid non-resident hunting 
10license, who
is 18 years of age or older and who is not 
11prohibited by the laws of
Illinois, the state of his domicile, 
12or the United States from obtaining,
possessing or using a 
13firearm, may purchase or obtain a rifle,
shotgun or
ammunition 
14for a rifle or shotgun in Illinois.

15 (b-5) Any non-resident who is participating in a sanctioned 
16competitive
shooting
event, who is 18 years of age or older and 
17who is not prohibited by the laws of
Illinois,
the state of his 
18or her domicile, or the United States from obtaining,

19possessing, or using
a firearm, may purchase or obtain a 
20shotgun or shotgun ammunition in Illinois
for the
purpose of 
21participating in that event. A person may purchase or obtain a

22shotgun or
shotgun ammunition under this subsection only at the 
23site where the sanctioned
competitive shooting event is being 
24held.

25 (b-10) Any non-resident registered competitor or attendee 
 
 
10100SB1966ham001- 32 -LRB101 09230 RLC 60716 a


1of a competitive shooting
event held at the World Shooting 
2Complex sanctioned by a national governing
body, who is not 
3prohibited by the laws of Illinois, the state of his or her

4domicile, or the United States from obtaining, possessing, or 
5using a firearm
may purchase or obtain a rifle, shotgun, or 
6other long gun or ammunition for
a rifle, shotgun, or other 
7long gun at the competitive shooting event. The
sanctioning 
8body shall provide a list of registered competitors and 
9attendees as required
under subparagraph (5) of paragraph (g) 
10of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
11A competitor or attendee of a competitive shooting event who 
12does not wish to
purchase a firearm at the event is not 
13required to register or have his or her name
appear on a list 
14of registered competitors and attendees provided to the 
15Department of State
Police by the sanctioning body. 
16 (c) Any transaction under this Section is subject to the 
17provisions of
Section 3 and the Gun Control Act of 1968 (18 
18U.S.C. 922 (b)(3)).

19(Source: P.A. 99-29, eff. 7-10-15.)




20 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



21 Sec. 3.1. Firearm transfer inquiry program Dial up system. 
22 (a) The Department of State Police shall provide
a dial up 
23telephone system or utilize other existing technology which 
24shall be used by any federally licensed
firearm dealer, gun 
25show promoter, or gun show vendor who is to transfer a firearm, 
 
 
10100SB1966ham001- 33 -LRB101 09230 RLC 60716 a


1stun gun, or taser under the provisions of this
Act. The 
2Department of State Police may utilize existing technology 
3which
allows the caller to be charged a fee not to exceed $2. 
4Fees collected by the Department of
State Police shall be 
5deposited in the State Police Services Fund and used
to provide 
6the service.


7 (b) Upon receiving a request from a federally licensed 
8firearm dealer, gun show promoter, or gun show vendor, the

9Department of State Police shall immediately approve, or within 
10the time
period established by Section 24-3 of the Criminal 
11Code of 2012 regarding
the delivery of firearms, stun guns, and 
12tasers notify the inquiring dealer, gun show promoter, or gun 
13show vendor of any objection that
would disqualify the 
14transferee from acquiring or possessing a firearm, stun gun, or 
15taser. In
conducting the inquiry, the Department of State 
16Police shall initiate and
complete an automated search of its 
17criminal history record information
files and those of the 
18Federal Bureau of Investigation, including the
National 
19Instant Criminal Background Check System, and of the files of

20the Department of Human Services relating to mental health and

21developmental disabilities to obtain
any prohibiting 
22information felony conviction or patient hospitalization 
23information which would
disqualify a person from obtaining or 
24require revocation of a currently
valid Firearm Owner's 
25Identification Card.
26 (c) If receipt of a firearm would not violate Section 24-3 
 
 
10100SB1966ham001- 34 -LRB101 09230 RLC 60716 a


1of the Criminal Code of 2012, federal law, or this Act the 
2Department of State Police shall:
3  (1) assign a unique identification number to the 
4 transfer; and
5  (2) provide the licensee, gun show promoter, or gun 
6 show vendor with the number.
7 (d) Approvals issued by the Department of State Police for 
8the purchase of a firearm are valid for 30 days from the date 
9of issue.


10 (e) (1) The Department of State Police must act as the 
11Illinois Point of Contact
for the National Instant Criminal 
12Background Check System.
13 (2) The Department of State Police and the Department of 
14Human Services shall, in accordance with State and federal law 
15regarding confidentiality, enter into a memorandum of 
16understanding with the Federal Bureau of Investigation for the 
17purpose of implementing the National Instant Criminal 
18Background Check System in the State. The Department of State 
19Police shall report the name, date of birth, and physical 
20description of any person prohibited from possessing a firearm 
21pursuant to the Firearm Owners Identification Card Act or 18 
22U.S.C. 922(g) and (n) to the National Instant Criminal 
23Background Check System Index, Denied Persons Files.


24 (3) The Department of State Police shall provide notice of 
25the disqualification of a person under subsection (b) of this 
26Section or the revocation of a person's Firearm Owner's 
 
 
10100SB1966ham001- 35 -LRB101 09230 RLC 60716 a


1Identification Card under Section 8 or Section 8.2 of this Act, 
2and the reason for the disqualification or revocation, to all 
3law enforcement agencies with jurisdiction to assist with the 
4seizure of the person's Firearm Owner's Identification Card. 
5 (f) The Department of State Police shall adopt rules not 
6inconsistent with this Section to implement this
system.

7(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)



8 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


9 Sec. 4. Application requirements. 
10 (a) Each applicant for a Firearm Owner's Identification 
11Card must: 


12  (1) Make application on blank forms prepared and 
13 furnished at convenient
locations throughout the State by 
14 the Department of State Police, or by
electronic means, if 
15 and when made available by the Department of State
Police; 
16 and


17  (2) Submit evidence to the Department of State Police 
18 that:


19   (i) He or she is 21 years of age or over, or if he 
20 or she is under 21
years of age that he or she has the 
21 written consent of his or her parent or
legal guardian 
22 to possess and acquire firearms and firearm ammunition 
23 and that
he or she has never been convicted of a 
24 misdemeanor other than a traffic
offense or adjudged

25 delinquent, provided, however, that such parent or 
 
 
10100SB1966ham001- 36 -LRB101 09230 RLC 60716 a


1 legal guardian is not an
individual prohibited from 
2 having a Firearm Owner's Identification Card and
files 
3 an affidavit with the Department as prescribed by the 
4 Department
stating that he or she is not an individual 
5 prohibited from having a Card;


6   (ii) He or she has not been convicted of a felony 
7 under the laws of
this or any other jurisdiction;


8   (iii) He or she is not addicted to narcotics;


9   (iv) He or she has not been a patient in a mental 
10 health facility within
the past 5 years or, if he or 
11 she has been a patient in a mental health facility more 
12 than 5 years ago submit the certification required 
13 under subsection (u) of Section 8 of this Act;


14   (v) He or she is not a person with an intellectual 
15 disability;


16   (vi) He or she is not an alien who is unlawfully 
17 present in the
United States under the laws of the 
18 United States;


19   (vii) He or she is not subject to an existing order 
20 of protection
prohibiting him or her from possessing a 
21 firearm;


22   (viii) He or she has not been convicted within the 
23 past 5 years of
battery, assault, aggravated assault, 
24 violation of an order of
protection, or a substantially 
25 similar offense in another jurisdiction, in
which a 
26 firearm was used or possessed;


 
 
10100SB1966ham001- 37 -LRB101 09230 RLC 60716 a


1   (ix) He or she has not been convicted of domestic 
2 battery, aggravated domestic battery, or a

3 substantially similar offense in another
jurisdiction 
4 committed before, on or after January 1, 2012 (the 
5 effective date of Public Act 97-158). If the applicant 
6 knowingly and intelligently waives the right to have an 
7 offense described in this clause (ix) tried by a jury, 
8 and by guilty plea or otherwise, results in a 
9 conviction for an offense in which a domestic 
10 relationship is not a required element of the offense 
11 but in which a determination of the applicability of 18 
12 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
13 Code of Criminal Procedure of 1963, an entry by the 
14 court of a judgment of conviction for that offense 
15 shall be grounds for denying the issuance of a Firearm 
16 Owner's Identification Card under this Section;


17   (x) (Blank);


18   (xi) He or she is not an alien who has been 
19 admitted to the United
States under a non-immigrant 
20 visa (as that term is defined in Section
101(a)(26) of 
21 the Immigration and Nationality Act (8 U.S.C. 
22 1101(a)(26))),
or that he or she is an alien who has 
23 been lawfully admitted to the United
States under a 
24 non-immigrant visa if that alien is:


25    (1) admitted to the United States for lawful 
26 hunting or sporting
purposes;


 
 
10100SB1966ham001- 38 -LRB101 09230 RLC 60716 a


1    (2) an official representative of a foreign 
2 government who is:


3     (A) accredited to the United States 
4 Government or the Government's
mission to an 
5 international organization having its 
6 headquarters in the United
States; or


7     (B) en route to or from another country to 
8 which that alien is
accredited;


9    (3) an official of a foreign government or 
10 distinguished foreign
visitor who has been so 
11 designated by the Department of State;


12    (4) a foreign law enforcement officer of a 
13 friendly foreign
government entering the United 
14 States on official business; or


15    (5) one who has received a waiver from the 
16 Attorney General of the
United States pursuant to 
17 18 U.S.C. 922(y)(3);


18   (xii) He or she is not a minor subject to a 
19 petition filed
under Section 5-520 of the Juvenile 
20 Court Act of 1987 alleging that the
minor is a 
21 delinquent minor for the commission of an offense that 
22 if
committed by an adult would be a felony;


23   (xiii) He or she is not an adult who had been 
24 adjudicated a delinquent
minor under the Juvenile 
25 Court Act of 1987 for the commission of an offense
that 
26 if committed by an adult would be a felony;

 
 
10100SB1966ham001- 39 -LRB101 09230 RLC 60716 a


1   (xiv) He or she is a resident of the State of 
2 Illinois; 
3   (xv) He or she has not been adjudicated as a person 
4 with a mental disability; 
5   (xvi) He or she has not been involuntarily admitted 
6 into a mental health facility; and 
7   (xvii) He or she is not a person with a 
8 developmental disability; and 

9  (3) Upon request by the Department of State Police, 
10 sign a release on a
form prescribed by the Department of 
11 State Police waiving any right to
confidentiality and 
12 requesting the disclosure to the Department of State Police

13 of limited mental health institution admission information 
14 from another state,
the District of Columbia, any other 
15 territory of the United States, or a
foreign nation 
16 concerning the applicant for the sole purpose of 
17 determining
whether the applicant is or was a patient in a 
18 mental health institution and
disqualified because of that 
19 status from receiving a Firearm Owner's
Identification 
20 Card. No mental health care or treatment records may be

21 requested. The information received shall be destroyed 
22 within one year of
receipt.

23 (a-5) Each applicant for a Firearm Owner's Identification 
24Card who is over
the age of 18 shall furnish to the Department 
25of State Police either his or
her Illinois driver's license 
26number or Illinois Identification Card number, except as

 
 
10100SB1966ham001- 40 -LRB101 09230 RLC 60716 a


1provided in subsection (a-10).

2 (a-10) Each applicant for a Firearm Owner's Identification 
3Card,
who is employed as a law enforcement officer, an armed 
4security officer in Illinois, or by the United States Military

5permanently assigned in Illinois and who is not an Illinois 
6resident, shall furnish to
the Department of State Police his 
7or her driver's license number or state
identification card 
8number from his or her state of residence. The Department
of 
9State Police may adopt rules to enforce the provisions of this

10subsection (a-10).

11 (a-15) If an applicant applying for a Firearm Owner's 
12Identification Card moves from the residence address named in 
13the application, he or she shall immediately notify in a form 
14and manner prescribed by the Department of State Police of that 
15change of address.
16 (a-20) Each applicant for a Firearm Owner's Identification 
17Card shall furnish to the Department of State Police his or her 
18photograph. An applicant who is 21 years of age or older 
19seeking a religious exemption to the photograph requirement 
20must furnish with the application an approved copy of United 
21States Department of the Treasury Internal Revenue Service Form 
224029. In lieu of a photograph, an applicant regardless of age 
23seeking a religious exemption to the photograph requirement 
24shall submit fingerprints on a form and manner prescribed by 
25the Department with his or her application. 
26 (a-25) Beginning 180 days after the effective date of this 
 
 
10100SB1966ham001- 41 -LRB101 09230 RLC 60716 a


1amendatory Act of the 101st General Assembly, each applicant 
2for the issuance or renewal of a Firearm Owner's Identification 
3Card shall include a full set of his or her fingerprints in 
4electronic format to the Department of State Police, unless the 
5applicant has previously provided a full set of his or her 
6fingerprints to the Department under this Act or the Firearm 
7Concealed Carry Act.
8  (1) The fingerprints must be transmitted through a live 
9 scan fingerprint vendor licensed by the Department of 
10 Financial and Professional Regulation. These fingerprints 
11 shall be checked against the fingerprint records now and 
12 hereafter filed in the Department and Federal Bureau of 
13 Investigation criminal history records databases, 
14 including all available state and local criminal history 
15 record information files.
16  (2) The Department shall charge applicants a one-time 
17 fee for conducting the criminal history record check, which 
18 shall be deposited in the State Police Services Fund and 
19 shall not exceed the actual cost of the State and national 
20 criminal history record check.
21 (a-30) The Department shall deny the application of any 
22person who fails to submit evidence required by this Section. 
23 (b) Each application form shall include the following 
24statement printed in
bold type: "Warning: Entering false 
25information on an application for a Firearm
Owner's 
26Identification Card is punishable as a Class 2 felony in 
 
 
10100SB1966ham001- 42 -LRB101 09230 RLC 60716 a


1accordance
with subsection (d-5) of Section 14 of the Firearm 
2Owners Identification Card
Act.".

3 (c) Upon such written consent, pursuant to Section 4, 
4paragraph (a)(2)(i),
the parent or legal guardian giving the 
5consent shall be liable for any
damages resulting from the 
6applicant'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 65/5) (from Ch. 38, par. 83-5)

9 Sec. 5. Application and renewal. 
10 (a) The Department of State Police shall either approve or

11deny all complete applications within 30 business days from the 
12date they are received,
except as provided in subsection (b) of 
13this Section, and every applicant found qualified under Section 
148 of this Act by
the Department shall be entitled to a Firearm 
15Owner's Identification
Card upon the payment of a $50 $10 fee, 
16and applicable processing fees. Any applicant who is an active 
17duty member of the Armed Forces of the United States, a member 
18of the Illinois National Guard, or a member of the Reserve 
19Forces of the United States is exempt from the application fee. 
20$6 of each fee derived from the
issuance of Firearm Owner's 
21Identification Cards, or renewals thereof,
shall be deposited 
22in the Wildlife and Fish Fund in the State Treasury;
$5 of the 
23fee shall be deposited into the School-Based Mental Health 
24Services Fund; $15 of the fee shall be deposited into the State 
25Police Revocation Enforcement Fund; $1 of the fee shall be 
 
 
10100SB1966ham001- 43 -LRB101 09230 RLC 60716 a


1deposited in the State Police Services Fund; and $23 $3 of the 
2fee shall be deposited in the
State Police Firearm Services 
3Fund.
4 (b) Complete renewal Renewal applications shall be 
5approved or denied within 60 business days, provided the 
6applicant submitted his or her renewal application prior to the 
7expiration of his or her Firearm Owner's Identification Card. 
8If a renewal application has been submitted prior to the 
9expiration date of the applicant's Firearm Owner's 
10Identification Card, the Firearm Owner's Identification Card 
11shall remain valid while the Department processes the 
12application, unless the person is subject to or becomes subject 
13to revocation under this Act. The cost for a renewal 
14application shall be $50 and applicable processing fees, of $10 
15which $30 shall be deposited into the State Police Firearm 
16Services Fund; $5 shall be deposited into the School-Based 
17Mental Health Services Fund; and $15 shall be deposited into 
18the State Police Revocation Enforcement Fund. 

19 (c) In this Section, "complete application" and "complete 
20renewal application" means the applicant has submitted the 
21evidence required by Section 4. 
22(Source: P.A. 100-906, eff. 1-1-19.)




23 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



24 Sec. 7. Validity of Firearm Owner's Identification Card. 
25 (a) Except as provided in Section 8 of this Act or 
 
 
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1subsection (b) of this Section, a Firearm Owner's

2Identification Card issued under the provisions of this Act 
3shall be valid
for the person to whom it is issued for a period 
4of 5 10 years from the date
of issuance. Any person whose card 
5was previously issued for a period of 10 years shall retain the 
610-year issuance period until the next date of renewal, at 
7which point the card shall be renewed for 5 years. 
8 (b) If a renewal application is submitted to the Department 
9before the expiration date of the applicant's current Firearm 
10Owner's Identification Card, the Firearm Owner's 
11Identification Card shall remain valid for a period of 60 
12business days, unless the person is subject to or becomes 
13subject to revocation under this Act. 

14(Source: P.A. 100-906, eff. 1-1-19.)


15 (430 ILCS 65/7.5 new)
16 Sec. 7.5. Email notifications. A person subject to this Act 
17may notify the Department upon application or at any time 
18thereafter that he or she would like to receive correspondence 
19from the Department via email rather than by mail.



20 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

21 Sec. 8. Grounds for denial and revocation. The Department 
22of State Police has authority to deny an
application for or to 
23revoke and seize a Firearm Owner's Identification
Card 
24previously issued under this Act only if the Department finds 
 
 
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1that the
applicant or the person to whom such card was issued 
2is or was at the time
of issuance:

3  (a) A person under 21 years of age who has been 
4 convicted of a
misdemeanor other than a traffic offense or 
5 adjudged delinquent;

6  (b) A person under 21 years of age who does not have 
7 the written consent
of his parent or guardian to acquire 
8 and possess firearms and firearm
ammunition, or whose 
9 parent or guardian has revoked such written consent,
or 
10 where such parent or guardian does not qualify to have a 
11 Firearm Owner's
Identification Card;

12  (c) A person convicted of a felony under the laws of 
13 this or any other
jurisdiction;

14  (d) A person addicted to narcotics;

15  (e) A person who has been a patient of a mental health 
16 facility within the
past 5 years or a person who has been a 
17 patient in a mental health facility more than 5 years ago 
18 who has not received the certification required under 
19 subsection (u) of this Section. An active law enforcement 
20 officer employed by a unit of government who is denied, 
21 revoked, or has his or her Firearm Owner's Identification 
22 Card seized under this subsection (e) may obtain relief as 
23 described in subsection (c-5) of Section 10 of this Act if 
24 the officer did not act in a manner threatening to the 
25 officer, another person, or the public as determined by the 
26 treating clinical psychologist or physician, and the 
 
 
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1 officer seeks mental health treatment;

2  (f) A person whose mental condition is of such a nature 
3 that it poses
a clear and present danger to the applicant, 
4 any other person or persons or
the community;

5  (g) A person who has an intellectual disability;

6  (h) A person who intentionally makes a false statement 
7 in the Firearm
Owner's Identification Card application;

8  (i) An alien who is unlawfully present in
the United 
9 States under the laws of the United States;

10  (i-5) An alien who has been admitted to the United 
11 States under a
non-immigrant visa (as that term is defined 
12 in Section 101(a)(26) of the
Immigration and Nationality 
13 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
14 (i-5) does not apply to any alien who has been lawfully 
15 admitted to
the United States under a non-immigrant visa if 
16 that alien is:

17   (1) admitted to the United States for lawful 
18 hunting or sporting purposes;

19   (2) an official representative of a foreign 
20 government who is:

21    (A) accredited to the United States Government 
22 or the Government's
mission to an international 
23 organization having its headquarters in the United

24 States; or

25    (B) en route to or from another country to 
26 which that alien is
accredited;

 
 
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1   (3) an official of a foreign government or 
2 distinguished foreign visitor
who has been so 
3 designated by the Department of State;

4   (4) a foreign law enforcement officer of a friendly 
5 foreign government
entering the United States on 
6 official business; or

7   (5) one who has received a waiver from the Attorney 
8 General of the United
States pursuant to 18 U.S.C. 
9 922(y)(3);

10  (j) (Blank);

11  (k) A person who has been convicted within the past 5 
12 years of battery,
assault, aggravated assault, violation 
13 of an order of protection, or a
substantially similar 
14 offense in another jurisdiction, in which a firearm was

15 used or possessed;

16  (l) A person who has been convicted of domestic 
17 battery, aggravated domestic battery, or a substantially

18 similar offense in another jurisdiction committed before, 
19 on or after January 1, 2012 (the effective date of Public 
20 Act 97-158). If the applicant or person who has been 
21 previously issued a Firearm Owner's Identification Card 
22 under this Act knowingly and intelligently waives the right 
23 to have an offense described in this paragraph (l) tried by 
24 a jury, and by guilty plea or otherwise, results in a 
25 conviction for an offense in which a domestic relationship 
26 is not a required element of the offense but in which a 
 
 
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1 determination of the applicability of 18 U.S.C. 922(g)(9) 
2 is made under Section 112A-11.1 of the Code of Criminal 
3 Procedure of 1963, an entry by the court of a judgment of 
4 conviction for that offense shall be grounds for denying an 
5 application for and for revoking and seizing a Firearm 
6 Owner's Identification Card previously issued to the 
7 person under this Act;

8  (m) (Blank);

9  (n) A person who is prohibited from acquiring or 
10 possessing
firearms or firearm ammunition by any Illinois 
11 State statute or by federal
law;

12  (o) A minor subject to a petition filed under Section 
13 5-520 of the
Juvenile Court Act of 1987 alleging that the 
14 minor is a delinquent minor for
the commission of an 
15 offense that if committed by an adult would be a felony;


16  (p) An adult who had been adjudicated a delinquent 
17 minor under the Juvenile
Court Act of 1987 for the 
18 commission of an offense that if committed by an
adult 
19 would be a felony;

20  (q) A person who is not a resident of the State of 
21 Illinois, except as provided in subsection (a-10) of 
22 Section 4; 
23  (r) A person who has been adjudicated as a person with 
24 a mental disability; 
25  (s) A person who has been found to have a developmental 
26 disability; 
 
 
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1  (t) A person involuntarily admitted into a mental 
2 health facility; or 
3  (u) A person who has had his or her Firearm Owner's 
4 Identification Card revoked or denied under subsection (e) 
5 of this Section or item (iv) of paragraph (2) of subsection 
6 (a) of Section 4 of this Act because he or she was a 
7 patient in a mental health facility as provided in 
8 subsection (e) of this Section, shall not be permitted to 
9 obtain a Firearm Owner's Identification Card, after the 
10 5-year period has lapsed, unless he or she has received a 
11 mental health evaluation by a physician, clinical 
12 psychologist, or qualified examiner as those terms are 
13 defined in the Mental Health and Developmental 
14 Disabilities Code, and has received a certification that he 
15 or she is not a clear and present danger to himself, 
16 herself, or others. The physician, clinical psychologist, 
17 or qualified examiner making the certification and his or 
18 her employer shall not be held criminally, civilly, or 
19 professionally liable for making or not making the 
20 certification required under this subsection, except for 
21 willful or wanton misconduct. This subsection does not 
22 apply to a person whose firearm possession rights have been 
23 restored through administrative or judicial action under 
24 Section 10 or 11 of this Act; or . 
25  (v) A person who has failed to submit the evidence 
26 required by Section 4. 
 
 
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1 Upon revocation of a person's Firearm Owner's 
2Identification Card, the Department of State Police shall 
3provide notice to the person within 7 business days and the 
4person shall comply with Section 9.5 of this Act. 
5(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
6eff. 7-16-14; 99-143, eff. 7-27-15.)


7 (430 ILCS 65/8.4 new)
8 Sec. 8.4. Cancellation of Firearm Owner's Identification 
9Card. The Department of the State Police may cancel a Firearm 
10Owner's Identification Card if a person is not prohibited by 
11State or federal law from acquiring or possessing a firearm or 
12firearm ammunition and the sole purpose is for an 
13administrative reason. This includes, but is not limited to, at 
14the request of the Firearm Owner's Identification Card holder, 
15a person who surrenders his or her Illinois driver's license or 
16Illinois Identification Card to another jurisdiction, or a 
17person's Firearm Owner's Identification Card is reported as 
18lost, stolen, or destroyed. The Department may adopt rules 
19necessary to implement this Section.

20 (430 ILCS 65/9.5)
21 Sec. 9.5. Revocation or suspension of Firearm Owner's 
22Identification
Card.
23 (a) A person who receives a revocation or suspension notice 
24under Section 9 of this Act shall, within 48 hours of receiving 
 
 
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1notice of the revocation or suspension:
2  (1) surrender his or her Firearm Owner's 
3 Identification Card to the local law enforcement agency 
4 where the person resides. The local law enforcement agency 
5 shall provide the person a receipt and transmit the Firearm 
6 Owner's Identification Card to the Department of State 
7 Police; and
8  (2) complete a Firearm Disposition Record on a form 
9 prescribed by the Department of State Police and place his 
10 or her firearms in the location or with the person reported 
11 in the Firearm Disposition Record. The form shall require 
12 the person to disclose:
13   (A) the make, model, and serial number of each 
14 firearm owned by or under the custody and control of 
15 the revoked or suspended person;
16   (B) the location where each firearm will be 
17 maintained during the prohibited term; and
18   (C) if any firearm will be transferred to the 
19 custody of another person, the name, address and 
20 Firearm Owner's Identification Card number of the 
21 transferee.
22 (a-5) The Firearm Disposition Record shall contain a 
23statement to be signed by the transferee that the transferee: 
24  (1) is aware of, and will abide by, current law 
25 regarding the unlawful transfer of a firearm; 
26  (2) is aware of the penalties for violating the law as 
 
 
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1 it pertains to unlawful transfer of a firearm; and 
2  (3) intends to retain possession of the firearm or 
3 firearms until it is determined that the transferor is 
4 legally eligible to possess a firearm and has an active 
5 Firearm Owner's Identification Card, if applicable, or 
6 until a new person is chosen to hold the firearm or 
7 firearms. 
8 (b) The local law enforcement agency shall provide a copy 
9of the Firearm Disposition Record to the person whose Firearm 
10Owner's Identification Card has been revoked or suspended, the 
11transferee, and to the Department of State Police.
12 (c) The Department of State Police shall conduct 
13enforcement operations against persons whose Firearm Owner's 
14Identification Cards have been revoked or suspended and persons 
15who fail to comply with the requirements of this Section, 
16prioritizing individuals presenting a clear and present danger 
17to themselves or to others under paragraph (2) of subsection 
18(d) of Section 8.1. If the person whose Firearm Owner's 
19Identification Card has been revoked or suspended fails to 
20comply with the requirements of this Section, the sheriff or 
21law enforcement agency where the person resides may petition 
22the circuit court to issue a warrant to search for and seize 
23the Firearm Owner's Identification Card and firearms in the 
24possession or under the custody or control of the person whose 
25Firearm Owner's Identification Card has been revoked or 
26suspended.
 
 
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1 (d) A violation of subsection (a) of this Section is a 
2Class A misdemeanor.
3 (e) The observation of a Firearm Owner's Identification 
4Card in the possession of a person whose Firearm Owner's 
5Identification Card has been revoked or suspended constitutes a 
6sufficient basis for the arrest of that person for violation of 
7this Section.
8 (f) Within 30 days after the effective date of this 
9amendatory Act of the 98th General Assembly, the Department of 
10State Police shall provide written notice of the requirements 
11of this Section to persons whose Firearm Owner's Identification 
12Cards have been revoked, suspended, or expired and who have 
13failed to surrender their cards to the Department.
14 (g) A person whose Firearm Owner's Identification Card has 
15been revoked or suspended and who received notice under 
16subsection (f) shall comply with the requirements of this 
17Section within 48 hours of receiving notice. 

18 (h) Nothing in this Section prevents a court from from 
19ordering an individual to surrender his or her Firearm Owner's 
20Identification Card and any firearms to a law enforcement 
21agency of the court's choosing, in a timeframe shorter than 48 
22hours after receipt of the notice of revocation or suspension. 
23(Source: P.A. 98-63, eff. 7-9-13.)




24 (430 ILCS 65/14) (from Ch. 38, par. 83-14)



25 Sec. 14. Sentence. 

 
 
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1 (a) Except as provided in subsection (a-5), a violation of 
2paragraph (1) of subsection (a) of Section 2, when the
person's 
3Firearm Owner's
Identification Card is expired but the person 
4is not otherwise disqualified
from renewing the card, is a 
5Class A misdemeanor.

6 (a-5) A violation of paragraph (1) of subsection (a) of 
7Section 2, when the
person's Firearm Owner's
Identification 
8Card is expired but the person is not otherwise disqualified

9from owning, purchasing, or possessing firearms, is a petty 
10offense if the card was expired for 6 months or less from the 
11date of expiration. 
12 (b) Except as provided in subsection (a) with respect to an 
13expired
card, a violation of paragraph (1) of subsection (a) of 
14Section 2 is a
Class A misdemeanor when the person does not 
15possess a currently valid Firearm
Owner's Identification Card, 
16but is otherwise eligible under this Act. A
second or 
17subsequent violation is a Class 4 felony.

18 (c) A violation of paragraph (1) of subsection (a) of 
19Section 2 is a Class
3 felony when:


20  (1) the person's Firearm Owner's Identification Card 
21 is revoked or
subject to revocation under Section 8; or


22  (2) the person's Firearm Owner's Identification Card 
23 is expired and not
otherwise eligible for renewal under 
24 this Act; or


25  (3) the person does not possess a currently valid 
26 Firearm Owner's
Identification Card, and the person is not 
 
 
10100SB1966ham001- 55 -LRB101 09230 RLC 60716 a


1 otherwise eligible under this
Act.

2 (d) A violation of subsection (a) or (a-5) of Section 3 is 
3a Class 4 felony, except that a violation of item (G) of 
4subsection (a-5) of Section 3 is a Class A misdemeanor.
A third 
5or subsequent conviction is a Class 1 felony.

6 (d-5) Any person who knowingly enters false information on 
7an application
for a Firearm Owner's Identification Card, who 
8knowingly gives a false answer
to any question on the 
9application, or who knowingly submits false evidence in

10connection with an application is guilty of a Class 2 felony.

11 (e) Except as provided by Section 6.1 of this Act, any 
12other
violation of this Act is a Class A misdemeanor.

13(Source: P.A. 97-1131, eff. 1-1-13.)


14 Section 25. The Firearm Concealed Carry Act is amended by 
15changing Sections 30 and 50 and by adding Section 13 as 
16follows:

17 (430 ILCS 66/13 new)
18 Sec. 13. Email notifications. A person subject to this Act 
19may notify the Department upon application or at any time 
20thereafter that he or she would like to receive correspondence 
21from the Department via email rather than by mail.

22 (430 ILCS 66/30)

23 Sec. 30. Contents of license application. 
 
 
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1 (a) The license application shall be in writing, under 
2penalty of perjury, on a standard form adopted by the 
3Department and shall be accompanied by the documentation 
4required in this Section and the applicable fee. Each 
5application form shall include the following statement printed 
6in bold type: "Warning: Entering false information on this form 
7is punishable as perjury under Section 32-2 of the Criminal 
8Code of 2012."
9 (b) The application shall contain the following:
10  (1) the applicant's name, current address, date and 
11 year of birth, place of birth, height, weight, hair color, 
12 eye color, maiden name or any other name the applicant has 
13 used or identified with, and any address where the 
14 applicant resided for more than 30 days within the 10 years 
15 preceding the date of the license application;
16  (2) the applicant's valid driver's license number or 
17 valid state identification card number;
18  (3) a waiver of the applicant's privacy and 
19 confidentiality rights and privileges under all federal 
20 and state laws, including those limiting access to juvenile 
21 court, criminal justice, psychological, or psychiatric 
22 records or records relating to any institutionalization of 
23 the applicant, and an affirmative request that a person 
24 having custody of any of these records provide it or 
25 information concerning it to the Department. The waiver 
26 only applies to records sought in connection with 
 
 
10100SB1966ham001- 57 -LRB101 09230 RLC 60716 a


1 determining whether the applicant qualifies for a license 
2 to carry a concealed firearm under this Act, or whether the 
3 applicant remains in compliance with the Firearm Owners 
4 Identification Card Act;
5  (4) an affirmation that the applicant possesses a 
6 currently valid Firearm Owner's Identification Card and 
7 card number if possessed or notice the applicant is 
8 applying for a Firearm Owner's Identification Card in 
9 conjunction with the license application;
10  (5) an affirmation that the applicant has not been 
11 convicted or found guilty of:
12   (A) a felony;
13   (B) a misdemeanor involving the use or threat of 
14 physical force or violence to any person within the 5 
15 years preceding the date of the application; or
16   (C) 2 or more violations related to driving while 
17 under the influence of alcohol, other drug or drugs, 
18 intoxicating compound or compounds, or any combination 
19 thereof, within the 5 years preceding the date of the 
20 license application; and
21  (6) whether the applicant has failed a drug test for a 
22 drug for which the applicant did not have a prescription, 
23 within the previous year, and if so, the provider of the 
24 test, the specific substance involved, and the date of the 
25 test;
26  (7) written consent for the Department to review and 
 
 
10100SB1966ham001- 58 -LRB101 09230 RLC 60716 a


1 use the applicant's Illinois digital driver's license or 
2 Illinois identification card photograph and signature;
3  (8) a full set of fingerprints submitted to the 
4 Department in electronic format in a form and manner 
5 prescribed by the Department, unless the applicant has 
6 previously provided a full set of his or her fingerprints 
7 to the Department under the Firearm Owners Identification 
8 Card Act; , provided the Department may accept an 
9 application submitted without a set of fingerprints in 
10 which case the Department shall be granted 30 days in 
11 addition to the 90 days provided under subsection (e) of 
12 Section 10 of this Act to issue or deny a license;
13  (9) a head and shoulder color photograph in a size 
14 specified by the Department taken within the 30 days 
15 preceding the date of the license application; and
16  (10) a photocopy of any certificates or other evidence 
17 of compliance with the training requirements under this 
18 Act.

19(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

20 (430 ILCS 66/50)

21 Sec. 50. License renewal. Applications for renewal of a 
22license shall be made to the Department. A license shall be 
23renewed for a period of 5 years upon receipt of a completed 
24renewal application, completion of 3 hours of training required 
25under Section 75 of this Act, payment of the applicable renewal 
 
 
10100SB1966ham001- 59 -LRB101 09230 RLC 60716 a


1fee, and completion of an investigation under Section 35 of 
2this Act. The renewal application shall contain the information 
3required in Section 30 of this Act, except that the applicant 
4need not resubmit a full set of fingerprints if the applicant 
5has previously provided a full set of his or her fingerprints 
6to the Department under this Act or the Firearm Owners 
7Identification Card Act.

8(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)


9 Section 30. The Criminal Code of 2012 is amended by 
10changing Section 24-3 as follows:



11 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

13 (A) A person commits the offense of unlawful sale or 
14delivery of firearms when he
or she knowingly does any of the 
15following:

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

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

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

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

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

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

18  (g) Delivers any firearm, incidental to a sale, without 
19 withholding delivery of the firearm
for at least 72 hours 
20 after application for its purchase has been made, or

21 delivers a stun gun or taser, incidental to a sale,
without 
22 withholding delivery of the stun gun or taser for
at least 
23 24 hours after application for its purchase has been made.

24 However,
this paragraph (g) does not apply to: (1) the sale 
25 of a firearm
to a law enforcement officer if the seller of 
26 the firearm knows that the person to whom he or she is 
 
 
10100SB1966ham001- 61 -LRB101 09230 RLC 60716 a


1 selling the firearm is a law enforcement officer or the 
2 sale of a firearm to a person who desires to purchase a 
3 firearm for
use in promoting the public interest incident 
4 to his or her employment as a
bank guard, armed truck 
5 guard, or other similar employment; (2) a mail
order sale 
6 of a firearm from a federally licensed firearms dealer to a 
7 nonresident of Illinois under which the firearm
is mailed 
8 to a federally licensed firearms dealer outside the 
9 boundaries of Illinois; (3) (blank); (4) the sale of a

10 firearm to a dealer licensed as a federal firearms dealer 
11 under Section 923
of the federal Gun Control Act of 1968 
12 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
13 shotgun, or other long gun to a resident registered 
14 competitor or attendee or non-resident registered 
15 competitor or attendee by any dealer licensed as a federal 
16 firearms dealer under Section 923 of the federal Gun 
17 Control Act of 1968 at competitive shooting events held at 
18 the World Shooting Complex sanctioned by a national 
19 governing body. For purposes of transfers or sales under 
20 subparagraph (5) of this paragraph (g), the Department of 
21 Natural Resources shall give notice to the Department of 
22 State Police at least 30 calendar days prior to any 
23 competitive shooting events at the World Shooting Complex 
24 sanctioned by a national governing body. The notification 
25 shall be made on a form prescribed by the Department of 
26 State Police. The sanctioning body shall provide a list of 
 
 
10100SB1966ham001- 62 -LRB101 09230 RLC 60716 a


1 all registered competitors and attendees at least 24 hours 
2 before the events to the Department of State Police. Any 
3 changes to the list of registered competitors and attendees 
4 shall be forwarded to the Department of State Police as 
5 soon as practicable. The Department of State Police must 
6 destroy the list of registered competitors and attendees no 
7 later than 30 days after the date of the event. Nothing in 
8 this paragraph (g) relieves a federally licensed firearm 
9 dealer from the requirements of conducting a NICS 
10 background check through the Illinois Point of Contact 
11 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
12 "application" means when the buyer and seller reach an 
13 agreement to purchase a firearm.
For purposes of this 
14 paragraph (g), "national governing body" means a group of 
15 persons who adopt rules and formulate policy on behalf of a 
16 national firearm sporting organization. 

17  (h) While holding any license
as a dealer,
importer, 
18 manufacturer or pawnbroker
under the federal Gun Control 
19 Act of 1968,
manufactures, sells or delivers to any 
20 unlicensed person a handgun having
a barrel, slide, frame 
21 or receiver which is a die casting of zinc alloy or
any 
22 other nonhomogeneous metal which will melt or deform at a 
23 temperature
of less than 800 degrees Fahrenheit. For 
24 purposes of this paragraph, (1)
"firearm" is defined as in 
25 the Firearm Owners Identification Card Act; and (2)

26 "handgun" is defined as a firearm designed to be held
and 
 
 
10100SB1966ham001- 63 -LRB101 09230 RLC 60716 a


1 fired by the use of a single hand, and includes a 
2 combination of parts from
which such a firearm can be 
3 assembled.

4  (i) Sells or gives a firearm of any size to any person 
5 under 18 years of
age who does not possess a valid Firearm 
6 Owner's Identification Card.

7  (j) Sells or gives a firearm while engaged in the 
8 business of selling
firearms at wholesale or retail without 
9 being licensed as a federal firearms
dealer under Section 
10 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
11 In this paragraph (j):

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

15 principal objective of livelihood and profit, but does not 
16 include a person who
makes occasional repairs of firearms 
17 or who occasionally fits special barrels,
stocks, or 
18 trigger mechanisms to firearms.

19  "With the principal objective of livelihood and 
20 profit" means that the
intent
underlying the sale or 
21 disposition of firearms is predominantly one of
obtaining 
22 livelihood and pecuniary gain, as opposed to other intents, 
23 such as
improving or liquidating a personal firearms 
24 collection; however, proof of
profit shall not be required 
25 as to a person who engages in the regular and
repetitive 
26 purchase and disposition of firearms for criminal purposes 
 
 
10100SB1966ham001- 64 -LRB101 09230 RLC 60716 a


1 or
terrorism.

2  (k) Sells or transfers ownership of a firearm to a 
3 person in violation of Section 3 of the Firearm Owners 
4 Identification Card Act who does not display to the seller 
5 or transferor of the firearm either: (1) a currently valid 
6 Firearm Owner's Identification Card that has previously 
7 been issued in the transferee's name by the Department of 
8 State Police under the provisions of the Firearm Owners 
9 Identification Card Act; or (2) a currently valid license 
10 to carry a concealed firearm that has previously been 
11 issued in the transferee's name by the
Department of State 
12 Police under the Firearm Concealed Carry Act. This 
13 paragraph (k) does not apply to the transfer of a firearm 
14 to a person who is exempt from the requirement of 
15 possessing a Firearm Owner's Identification Card under 
16 Section 2 of the Firearm Owners Identification Card Act. 
17 For the purposes of this Section, a currently valid Firearm 
18 Owner's Identification Card means (i) a Firearm Owner's 
19 Identification Card that has not expired or (ii) an 
20 approval number issued in accordance with subsection 
21 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
22 Identification Card Act shall be proof that the Firearm 
23 Owner's Identification Card was valid.
24   (1) (Blank). In addition to the other requirements 
25 of this paragraph (k), all persons who are not 
26 federally licensed firearms dealers must also have 
 
 
10100SB1966ham001- 65 -LRB101 09230 RLC 60716 a


1 complied with subsection (a-10) of Section 3 of the 
2 Firearm Owners Identification Card Act by determining 
3 the validity of a purchaser's Firearm Owner's 
4 Identification Card.
5   (2) All sellers or transferors who have complied 
6 with the requirements of subparagraph (1) of this 
7 paragraph (k) shall not be liable for damages in any 
8 civil action arising from the use or misuse by the 
9 transferee of the firearm transferred, except for 
10 willful or wanton misconduct on the part of the seller 
11 or transferor. 
12  (l) Not
being entitled to the possession of a firearm, 
13 delivers the
firearm, knowing it to have been stolen or 
14 converted. It may be inferred that
a person who possesses a 
15 firearm with knowledge that its serial number has
been 
16 removed or altered has knowledge that the firearm is stolen 
17 or converted. 
18 (B) Paragraph (h) of subsection (A) does not include 
19firearms sold within 6
months after enactment of Public
Act 
2078-355 (approved August 21, 1973, effective October 1, 1973), 
21nor is any
firearm legally owned or
possessed by any citizen or 
22purchased by any citizen within 6 months after the
enactment of 
23Public Act 78-355 subject
to confiscation or seizure under the 
24provisions of that Public Act. Nothing in
Public Act 78-355 
25shall be construed to prohibit the gift or trade of
any firearm 
26if that firearm was legally held or acquired within 6 months 
 
 
10100SB1966ham001- 66 -LRB101 09230 RLC 60716 a


1after
the enactment of that Public Act.

2 (C) Sentence.

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

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

9  (3) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of
paragraph (a) of subsection (A) 
11 commits a Class 2 felony.

12  (4) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (a), (b), or (i) of 
14 subsection (A) in any school, on the real
property 
15 comprising a school, within 1,000 feet of the real property 
16 comprising
a school, at a school related activity, or on or 
17 within 1,000 feet of any
conveyance owned, leased, or 
18 contracted by a school or school district to
transport 
19 students to or from school or a school related activity,

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

4 regardless of the time of day or time of year at which the 
5 offense
was committed, commits a Class 1 felony for which 
6 the sentence shall be a
term of imprisonment of no less 
7 than 5 years and no more than 15 years.

8  (5) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of
paragraph (a) or (i) of 
10 subsection (A) in residential property owned,
operated, or 
11 managed by a public housing agency or leased by a public 
12 housing
agency as part of a scattered site or mixed-income 
13 development, in a public
park, in a
courthouse, on 
14 residential property owned, operated, or managed by a 
15 public
housing agency or leased by a public housing agency 
16 as part of a scattered site
or mixed-income development, on 
17 the real property comprising any public park,
on the real

18 property comprising any courthouse, or on any public way 
19 within 1,000 feet
of the real property comprising any 
20 public park, courthouse, or residential
property owned, 
21 operated, or managed by a public housing agency or leased 
22 by a
public housing agency as part of a scattered site or 
23 mixed-income development
commits a
Class 2 felony.

24  (6) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of
paragraph (j) of subsection (A) 
26 commits a Class A misdemeanor. A second or
subsequent 
 
 
10100SB1966ham001- 68 -LRB101 09230 RLC 60716 a


1 violation is a Class 4 felony.
2  (7) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of paragraph (k) of subsection (A) 
4 commits a Class 4 felony, except that a violation of item 
5 (G) of subsection (a-5) of Section 3 of the Firearm Owners 
6 Identification Card Act is a Class A misdemeanor 
7 subparagraph (1) of paragraph (k) of subsection (A) shall 
8 not be punishable as a crime or petty offense. A third or 
9 subsequent conviction for a violation of paragraph (k) of 
10 subsection (A) is a Class 1 felony.


11  (8) A person 18 years of age or older convicted of 
12 unlawful sale or delivery of firearms in violation of 
13 paragraph (a) or (i) of subsection (A), when the firearm 
14 that was sold or given to another person under 18 years of 
15 age was used in the commission of or attempt to commit a 
16 forcible felony, shall be fined or imprisoned, or both, not 
17 to exceed the maximum provided for the most serious 
18 forcible felony so committed or attempted by the person 
19 under 18 years of age who was sold or given the firearm. 
20  (9) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (d) of subsection (A) 
22 commits a Class 3 felony.
23  (10) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of paragraph (l) of subsection (A) 
25 commits a Class 2 felony if the delivery is of one firearm. 
26 Any person convicted of unlawful sale or delivery of 
 
 
10100SB1966ham001- 69 -LRB101 09230 RLC 60716 a


1 firearms in violation of paragraph (l) of subsection (A) 
2 commits a Class 1 felony if the delivery is of not less 
3 than 2 and not more than 5 firearms at the
same time or 
4 within a one year period. Any person convicted of unlawful 
5 sale or delivery of firearms in violation of paragraph (l) 
6 of subsection (A) commits a Class X felony for which he or 
7 she shall be sentenced
to a term of imprisonment of not 
8 less than 6 years and not more than 30
years if the 
9 delivery is of not less than 6 and not more than 10 
10 firearms at the
same time or within a 2 year period. Any 
11 person convicted of unlawful sale or delivery of firearms 
12 in violation of paragraph (l) of subsection (A) commits a 
13 Class X felony for which he or she shall be sentenced
to a 
14 term of imprisonment of not less than 6 years and not more 
15 than 40
years if the delivery is of not less than 11 and 
16 not more than 20 firearms at the
same time or within a 3 
17 year period. Any person convicted of unlawful sale or 
18 delivery of firearms in violation of paragraph (l) of 
19 subsection (A) commits a Class X felony for which he or she 
20 shall be sentenced
to a term of imprisonment of not less 
21 than 6 years and not more than 50
years if the delivery is 
22 of not less than 21 and not more than 30 firearms at the

23 same time or within a 4 year period. Any person convicted 
24 of unlawful sale or delivery of firearms in violation of 
25 paragraph (l) of subsection (A) commits a Class X felony 
26 for which he or she shall be sentenced
to a term of 
 
 
10100SB1966ham001- 70 -LRB101 09230 RLC 60716 a


1 imprisonment of not less than 6 years and not more than 60

2 years if the delivery is of 31 or more firearms at the
same 
3 time or within a 5 year period. 
4 (D) For purposes of this Section:

5 "School" means a public or private elementary or secondary 
6school,
community college, college, or university.

7 "School related activity" means any sporting, social, 
8academic, or
other activity for which students' attendance or 
9participation is sponsored,
organized, or funded in whole or in 
10part by a school or school district.

11 (E) A prosecution for a violation of paragraph (k) of 
12subsection (A) of this Section may be commenced within 6 years 
13after the commission of the offense. A prosecution for a 
14violation of this Section other than paragraph (g) of 
15subsection (A) of this Section may be commenced within 5 years 
16after the commission of the offense defined in the particular 
17paragraph.

18(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1999-642, eff. 7-28-16; 100-606, eff. 1-1-19.)


20 Section 35. The Code of Criminal Procedure of 1963 is 
21amended by changing Section 110-10 as follows:




22 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



23 Sec. 110-10. Conditions of bail bond. 

24 (a) If a person is released prior to conviction, either 
 
 
10100SB1966ham001- 71 -LRB101 09230 RLC 60716 a


1upon payment of
bail security or on his or her own 
2recognizance, the conditions of the bail
bond shall be that he 
3or she will:


4  (1) Appear to answer the charge in the court having 
5 jurisdiction on
a day certain and thereafter as ordered by 
6 the court until discharged or
final order of the court;


7  (2) Submit himself or herself to the orders and process 
8 of the court;


9  (3) Not depart this State without leave of the court;


10  (4) Not violate any criminal statute of any 
11 jurisdiction;


12  (5) At a time and place designated by the court, the 
13 defendant shall physically surrender all firearms in his or 
14 her possession to a law enforcement agency designated by 
15 the court to take custody of and impound the firearms and 
16 physically surrender his or her Firearm Owner's 
17 Identification Card to the law enforcement agency as a 
18 condition of remaining on bond pending trial surrender all 
19 firearms
in his or her possession to a law enforcement 
20 officer designated by the court
to take custody of and 
21 impound the firearms
and physically
surrender his or her 
22 Firearm Owner's Identification Card to the clerk of the

23 circuit court
when the offense the person has
been charged 
24 with is a forcible felony, stalking, aggravated stalking, 
25 domestic
battery, any violation of the Illinois Controlled 
26 Substances Act, the Methamphetamine Control and Community 
 
 
10100SB1966ham001- 72 -LRB101 09230 RLC 60716 a


1 Protection Act, or the
Cannabis Control Act that is 
2 classified as a Class 2 or greater felony, or any
felony 
3 violation of Article 24 of the Criminal Code of 1961 or the 
4 Criminal Code of 2012. A defendant whose Firearm Owner's 
5 Identification Card has been revoked or suspended may 
6 petition the court to transfer the defendant's firearm to a 
7 person who is lawfully able to possess the firearm if the 
8 person does not reside at the same address as the 
9 defendant. Any transfer must be conducted under Section 3 
10 of the Firearm Owners Identification Card Act. The 
11 transferee who receives the defendant's firearms must 
12 swear or affirm by affidavit that he or she shall not 
13 transfer the firearm to the defendant or to anyone residing 
14 in the same residence as the defendant, until the 
15 defendant's Firearm Owner's Identification Card has been 
16 reinstated. The law enforcement agency, upon transfer of 
17 the firearms, shall require the defendant to complete a 
18 Firearm Disposition Record under Section 9.5 of the Firearm 
19 Owners Identification Card Act and provide a copy to the 
20 Department of State Police along with the defendant's 
21 Firearm Owner's Identification Card; the court
may,

22 however, forgo the imposition of this condition when the 
23 defendant has provided proof to the court that he or she 
24 has legally disposed or transferred his or her firearms and 
25 returned his or her Firearm Owner's Identification Card to 
26 the Department of State Police. If the court finds the 
 
 
10100SB1966ham001- 73 -LRB101 09230 RLC 60716 a


1 circumstances of the case clearly do not warrant it or when 
2 its imposition would be impractical, the court shall 
3 indicate on the record and in writing and the court's basis 
4 for making the determination when the
circumstances of the

5 case clearly do not warrant it or when its imposition would 
6 be
impractical;
all legally possessed firearms shall be 
7 returned to the person upon proof being provided to the law 
8 enforcement agency of the reinstatement of the person's 
9 Firearm Owner's Identification Card; if the Firearm 
10 Owner's Identification Card is confiscated, the clerk of 
11 the circuit court shall mail the confiscated card to the 
12 Illinois State Police; all legally possessed firearms 
13 shall be returned to the person upon
the charges being 
14 dismissed, or if the person is found not guilty, unless the

15 finding of not guilty is by reason of insanity; and


16  (6) At a time and place designated by the court, submit 
17 to a
psychological
evaluation when the person has been 
18 charged with a violation of item (4) of
subsection
(a) of 
19 Section 24-1 of the Criminal Code of 1961 or the Criminal 
20 Code of 2012 and that violation occurred in
a school
or in 
21 any conveyance owned, leased, or contracted by a school to 
22 transport
students to or
from school or a school-related 
23 activity, or on any public way within 1,000
feet of real

24 property comprising any school.

25 Psychological evaluations ordered pursuant to this Section 
26shall be completed
promptly
and made available to the State, 
 
 
10100SB1966ham001- 74 -LRB101 09230 RLC 60716 a


1the defendant, and the court. As a further
condition of bail 
2under
these circumstances, the court shall order the defendant 
3to refrain from
entering upon the
property of the school, 
4including any conveyance owned, leased, or contracted
by a 
5school to
transport students to or from school or a 
6school-related activity, or on any public way within
1,000 feet 
7of real property comprising any school. Upon receipt of the 
8psychological evaluation,
either the State or the defendant may 
9request a change in the conditions of bail, pursuant to
Section 
10110-6 of this Code. The court may change the conditions of bail 
11to include a
requirement that the defendant follow the 
12recommendations of the psychological evaluation,
including 
13undergoing psychiatric treatment. The conclusions of the

14psychological evaluation and
any statements elicited from the 
15defendant during its administration are not
admissible as 
16evidence
of guilt during the course of any trial on the charged 
17offense, unless the
defendant places his or her
mental 
18competency in issue.

19 (b) The court may impose other conditions, such as the 
20following, if the
court finds that such conditions are 
21reasonably necessary to assure the
defendant's appearance in 
22court, protect the public from the defendant, or
prevent the 
23defendant's unlawful interference with the orderly 
24administration
of justice:


25  (1) Report to or appear in person before such person or 
26 agency as the
court may direct;


 
 
10100SB1966ham001- 75 -LRB101 09230 RLC 60716 a


1  (2) Refrain from possessing a firearm or other 
2 dangerous weapon;


3  (3) Refrain from approaching or communicating with 
4 particular persons or
classes of persons;


5  (4) Refrain from going to certain described 
6 geographical areas or
premises;


7  (5) Refrain from engaging in certain activities or 
8 indulging in
intoxicating liquors or in certain drugs;


9  (6) Undergo treatment for drug addiction or 
10 alcoholism;


11  (7) Undergo medical or psychiatric treatment;


12  (8) Work or pursue a course of study or vocational 
13 training;


14  (9) Attend or reside in a facility designated by the 
15 court;


16  (10) Support his or her dependents;


17  (11) If a minor resides with his or her parents or in a 
18 foster home,
attend school, attend a non-residential 
19 program for youths, and contribute
to his or her own 
20 support at home or in a foster home;


21  (12) Observe any curfew ordered by the court;


22  (13) Remain in the custody of such designated person or 
23 organization
agreeing to supervise his release. Such third 
24 party custodian shall be
responsible for notifying the 
25 court if the defendant fails to observe the
conditions of 
26 release which the custodian has agreed to monitor, and 
 
 
10100SB1966ham001- 76 -LRB101 09230 RLC 60716 a


1 shall
be subject to contempt of court for failure so to 
2 notify the court;


3  (14) Be placed under direct supervision of the Pretrial 
4 Services
Agency, Probation Department or Court Services 
5 Department in a pretrial
bond home supervision capacity 
6 with or without the use of an approved
electronic 
7 monitoring device subject to Article 8A of Chapter V of the

8 Unified Code of Corrections;


9  (14.1) The court shall impose upon a defendant who is 
10 charged with any
alcohol, cannabis, methamphetamine, or 
11 controlled substance violation and is placed under
direct 
12 supervision of the Pretrial Services Agency, Probation 
13 Department or
Court Services Department in a pretrial bond 
14 home supervision capacity with
the use of an approved 
15 monitoring device, as a condition of such bail bond,
a fee 
16 that represents costs incidental to the electronic 
17 monitoring for each
day of such bail supervision ordered by 
18 the
court, unless after determining the inability of the 
19 defendant to pay the
fee, the court assesses a lesser fee 
20 or no fee as the case may be. The fee
shall be collected by 
21 the clerk of the circuit court, except as provided in an 
22 administrative order of the Chief Judge of the circuit 
23 court. The clerk of the
circuit court shall pay all monies 
24 collected from this fee to the county
treasurer for deposit 
25 in the substance abuse services fund under Section
5-1086.1 
26 of the Counties Code, except as provided in an 
 
 
10100SB1966ham001- 77 -LRB101 09230 RLC 60716 a


1 administrative order of the Chief Judge of the circuit 
2 court.
3  The Chief Judge of the circuit court of the county may 
4 by administrative order establish a program for electronic 
5 monitoring of offenders with regard to drug-related and 
6 alcohol-related offenses, in which a vendor supplies and 
7 monitors the operation of the electronic monitoring 
8 device, and collects the fees on behalf of the county. The 
9 program shall include provisions for indigent offenders 
10 and the collection of unpaid fees. The program shall not 
11 unduly burden the offender and shall be subject to review 
12 by the Chief Judge.
13  The Chief Judge of the circuit court may suspend any 
14 additional charges or fees for late payment, interest, or 
15 damage to any device;


16  (14.2) The court shall impose upon all defendants, 
17 including those
defendants subject to paragraph (14.1) 
18 above, placed under direct supervision
of the Pretrial 
19 Services Agency, Probation Department or Court Services

20 Department in a pretrial bond home supervision capacity 
21 with the use of an
approved monitoring device, as a 
22 condition of such bail bond, a fee
which shall represent 
23 costs incidental to such
electronic monitoring for each day 
24 of such bail supervision ordered by the
court, unless after 
25 determining the inability of the defendant to pay the fee,

26 the court assesses a lesser fee or no fee as the case may 
 
 
10100SB1966ham001- 78 -LRB101 09230 RLC 60716 a


1 be. The fee shall be
collected by the clerk of the circuit 
2 court, except as provided in an administrative order of the 
3 Chief Judge of the circuit court. The clerk of the circuit 
4 court
shall pay all monies collected from this fee to the 
5 county treasurer who shall
use the monies collected to 
6 defray the costs of corrections. The county
treasurer shall 
7 deposit the fee collected in the county working cash fund 
8 under
Section 6-27001 or Section 6-29002 of the Counties 
9 Code, as the case may
be, except as provided in an 
10 administrative order of the Chief Judge of the circuit 
11 court.
12  The Chief Judge of the circuit court of the county may 
13 by administrative order establish a program for electronic 
14 monitoring of offenders with regard to drug-related and 
15 alcohol-related offenses, in which a vendor supplies and 
16 monitors the operation of the electronic monitoring 
17 device, and collects the fees on behalf of the county. The 
18 program shall include provisions for indigent offenders 
19 and the collection of unpaid fees. The program shall not 
20 unduly burden the offender and shall be subject to review 
21 by the Chief Judge.
22  The Chief Judge of the circuit court may suspend any 
23 additional charges or fees for late payment, interest, or 
24 damage to any device;


25  (14.3) The Chief Judge of the Judicial Circuit may 
26 establish reasonable
fees to be paid by a person receiving 
 
 
10100SB1966ham001- 79 -LRB101 09230 RLC 60716 a


1 pretrial services while under supervision
of a pretrial 
2 services agency, probation department, or court services

3 department. Reasonable fees may be charged for pretrial 
4 services
including, but not limited to, pretrial 
5 supervision, diversion programs,
electronic monitoring, 
6 victim impact services, drug and alcohol testing, DNA 
7 testing, GPS electronic monitoring, assessments and 
8 evaluations related to domestic violence and other 
9 victims, and
victim mediation services. The person 
10 receiving pretrial services may be
ordered to pay all costs 
11 incidental to pretrial services in accordance with his
or 
12 her ability to pay those costs;


13  (14.4) For persons charged with violating Section 
14 11-501 of the Illinois
Vehicle Code, refrain from operating 
15 a motor vehicle not equipped with an
ignition interlock 
16 device, as defined in Section 1-129.1 of the Illinois

17 Vehicle Code,
pursuant to the rules promulgated by the 
18 Secretary of State for the
installation of ignition

19 interlock devices. Under this condition the court may allow 
20 a defendant who is
not
self-employed to operate a vehicle 
21 owned by the defendant's employer that is
not equipped with 
22 an ignition interlock device in the course and scope of the

23 defendant's employment;


24  (15) Comply with the terms and conditions of an order 
25 of protection
issued by the court under the Illinois 
26 Domestic Violence Act of 1986 or an
order of protection 
 
 
10100SB1966ham001- 80 -LRB101 09230 RLC 60716 a


1 issued by the court of another state, tribe, or United

2 States territory;


3  (16) Under Section 110-6.5 comply with the conditions 
4 of the drug testing
program; and


5  (17) Such other reasonable conditions as the court may 
6 impose.

7 (c) When a person is charged with an offense under Section 
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

912-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
10Criminal Code of 2012, involving a victim who is a
minor under 
1118 years of age living in the same household with the defendant

12at the time of the offense, in granting bail or releasing the 
13defendant on
his own recognizance, the judge shall impose 
14conditions to restrict the
defendant's access to the victim 
15which may include, but are not limited to
conditions that he 
16will:


17  1. Vacate the household.


18  2. Make payment of temporary support to his dependents.


19  3. Refrain from contact or communication with the child 
20 victim, except
as ordered by the court.

21 (d) When a person is charged with a criminal offense and 
22the victim is
a family or household member as defined in 
23Article 112A, conditions shall
be imposed at the time of the 
24defendant's release on bond that restrict the
defendant's 
25access to the victim.
Unless provided otherwise by the court, 
26the
restrictions shall include
requirements that the defendant 
 
 
10100SB1966ham001- 81 -LRB101 09230 RLC 60716 a


1do the following:


2  (1) refrain from contact or communication with the 
3 victim for a
minimum period of 72 hours following the 
4 defendant's release; and


5  (2) refrain from entering or remaining at the victim's 
6 residence for a
minimum period of 72 hours following the 
7 defendant's release.

8 (e) Local law enforcement agencies shall develop 
9standardized bond forms
for use in cases involving family or 
10household members as defined in
Article 112A, including 
11specific conditions of bond as provided in
subsection (d). 
12Failure of any law enforcement department to develop or use

13those forms shall in no way limit the applicability and 
14enforcement of
subsections (d) and (f).

15 (f) If the defendant is admitted to bail after conviction 
16the
conditions of the bail bond shall be that he will, in 
17addition to the
conditions set forth in subsections (a) and (b) 
18hereof:


19  (1) Duly prosecute his appeal;


20  (2) Appear at such time and place as the court may 
21 direct;


22  (3) Not depart this State without leave of the court;


23  (4) Comply with such other reasonable conditions as the 
24 court may
impose; and


25  (5) If the judgment is affirmed or the cause reversed 
26 and remanded
for a new trial, forthwith surrender to the 
 
 
10100SB1966ham001- 82 -LRB101 09230 RLC 60716 a


1 officer from whose custody
he was bailed.

2 (g) Upon a finding of guilty for any felony offense, the 
3defendant shall physically surrender, at a time and place 
4designated by the court, all firearms in his or her possession 
5to a law enforcement officer designated by the court to take 
6custody of and impound the firearms and physically surrender 
7his or her Firearm Owner's Identification Card to the law 
8enforcement agency as a condition of remaining on bond pending 
9sentencing. A defendant whose Firearm Owner's Identification 
10Card has been revoked or suspended may petition the court to 
11transfer the defendant's firearm to a person who is lawfully 
12able to possess the firearm if the person does not reside at 
13the same address as the defendant. Any transfer must be 
14conducted under Section 3 of the Firearm Owners Identification 
15Card Act. The transferee who receives the defendant's firearms 
16must swear or affirm by affidavit that he or she shall not 
17transfer the firearm to the defendant or to anyone residing in 
18the same residence as the defendant, until the defendant's 
19Firearm Owner's Identification Card has been reinstated. The 
20law enforcement agency, upon transfer of the firearms, shall 
21require the defendant to complete a Firearm Disposition Record 
22under Section 9.5 of the Firearm Owners Identification Card Act 
23and provide a copy to the Department of State Police along with 
24the defendant's Firearm Owner's Identification Card the 
25defendant shall
physically surrender, at a time and place 
26designated by the court,
any and all firearms in his or her 
 
 
10100SB1966ham001- 83 -LRB101 09230 RLC 60716 a


1possession and his or her Firearm Owner's
Identification Card 
2as a condition of remaining on bond pending sentencing.

3 (h) Upon indictment for any felony offense, the defendant 
4shall physically surrender, at a time and place designated by 
5the court, all firearms in his or her possession to a law 
6enforcement officer designated by the court to take custody of 
7and impound the firearms and physically surrender his or her 
8Firearm Owner's Identification Card to the law enforcement 
9agency as a condition of remaining on bond pending trial. A 
10defendant whose Firearm Owner's Identification Card has been 
11revoked or suspended may petition the court to transfer the 
12defendant's firearm to a person who is lawfully able to possess 
13the firearm if the person does not reside at the same address 
14as the defendant. Any transfer must be conducted under Section 
153 of the Firearm Owners Identification Card Act. The transferee 
16who receives the defendant's firearms must swear or affirm by 
17affidavit that he or she shall not transfer the firearm to the 
18defendant or to anyone residing in the same residence as the 
19defendant, until the defendant's Firearm Owner's 
20Identification Card has been reinstated. The law enforcement 
21agency upon transfer of the firearms shall require the 
22defendant to complete a Firearm Disposition Record under 
23Section 9.5 of the Firearm Owners Identification Card Act and 
24provide a copy to the Department of State Police along with the 
25defendants Firearm Owner's Identification Card. All legally 
26possessed firearms shall be returned to the person upon proof 
 
 
10100SB1966ham001- 84 -LRB101 09230 RLC 60716 a


1being provided to the law enforcement agency of the 
2reinstatement of the person's Firearm Owner's Identification 
3Card. 
4(Source: P.A. 99-797, eff. 8-12-16.)


5 Section 40. The Unified Code of Corrections is amended by 
6changing Section 5-6-3 as follows:

7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 (Text of Section before amendment by P.A. 100-987)
9 Sec. 5-6-3. Conditions of probation and of conditional 
10discharge.

11 (a) The conditions of probation and of conditional 
12discharge shall be
that the person:


13  (1) not violate any criminal statute of any 
14 jurisdiction;


15  (2) report to or appear in person before such person or 
16 agency as
directed by the court;


17  (3) refrain from possessing a firearm or other 
18 dangerous weapon where the offense is a felony or, if a 
19 misdemeanor, the offense involved the intentional or 
20 knowing infliction of bodily harm or threat of bodily harm;


21  (4) not leave the State without the consent of the 
22 court or, in
circumstances in which the reason for the 
23 absence is of such an emergency
nature that prior consent 
24 by the court is not possible, without the prior

 
 
10100SB1966ham001- 85 -LRB101 09230 RLC 60716 a


1 notification and approval of the person's probation

2 officer. Transfer of a person's probation or conditional 
3 discharge
supervision to another state is subject to 
4 acceptance by the other state
pursuant to the Interstate 
5 Compact for Adult Offender Supervision;


6  (5) permit the probation officer to visit
him at his 
7 home or elsewhere
to the extent necessary to discharge his 
8 duties;


9  (6) perform no less than 30 hours of community service 
10 and not more than
120 hours of community service, if 
11 community service is available in the
jurisdiction and is 
12 funded and approved by the county board where the offense

13 was committed, where the offense was related to or in 
14 furtherance of the
criminal activities of an organized gang 
15 and was motivated by the offender's
membership in or 
16 allegiance to an organized gang. The community service 
17 shall
include, but not be limited to, the cleanup and 
18 repair of any damage caused by
a violation of Section 
19 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
20 2012 and similar damage
to property located within the 
21 municipality or county in which the violation
occurred. 
22 When possible and reasonable, the community service should 
23 be
performed in the offender's neighborhood. For purposes 
24 of this Section,
"organized gang" has the meaning ascribed 
25 to it in Section 10 of the Illinois
Streetgang Terrorism 
26 Omnibus Prevention Act. The court may give credit toward 
 
 
10100SB1966ham001- 86 -LRB101 09230 RLC 60716 a


1 the fulfillment of community service hours for 
2 participation in activities and treatment as determined by 
3 court services;


4  (7) if he or she is at least 17 years of age and has 
5 been sentenced to
probation or conditional discharge for a 
6 misdemeanor or felony in a county of
3,000,000 or more 
7 inhabitants and has not been previously convicted of a

8 misdemeanor or felony, may be required by the sentencing 
9 court to attend
educational courses designed to prepare the 
10 defendant for a high school diploma
and to work toward a 
11 high school diploma or to work toward passing high school 
12 equivalency testing or to work toward
completing a 
13 vocational training program approved by the court. The 
14 person on
probation or conditional discharge must attend a 
15 public institution of
education to obtain the educational 
16 or vocational training required by this paragraph
(7). The 
17 court shall revoke the probation or conditional discharge 
18 of a
person who wilfully fails to comply with this 
19 paragraph (7). The person on
probation or conditional 
20 discharge shall be required to pay for the cost of the

21 educational courses or high school equivalency testing if a 
22 fee is charged for those courses or testing. The court 
23 shall resentence the offender whose probation or 
24 conditional
discharge has been revoked as provided in 
25 Section 5-6-4. This paragraph (7) does
not apply to a 
26 person who has a high school diploma or has successfully 
 
 
10100SB1966ham001- 87 -LRB101 09230 RLC 60716 a


1 passed high school equivalency testing. This paragraph (7) 
2 does not apply to a person who is determined by
the court 
3 to be a person with a developmental disability or otherwise 
4 mentally incapable of
completing the educational or 
5 vocational program;


6  (8) if convicted of possession of a substance 
7 prohibited
by the Cannabis Control Act, the Illinois 
8 Controlled Substances Act, or the Methamphetamine Control 
9 and Community Protection Act
after a previous conviction or 
10 disposition of supervision for possession of a
substance 
11 prohibited by the Cannabis Control Act or Illinois 
12 Controlled
Substances Act or after a sentence of probation 
13 under Section 10 of the
Cannabis
Control Act, Section 410 
14 of the Illinois Controlled Substances Act, or Section 70 of 
15 the Methamphetamine Control and Community Protection Act 
16 and upon a
finding by the court that the person is 
17 addicted, undergo treatment at a
substance abuse program 
18 approved by the court;


19  (8.5) if convicted of a felony sex offense as defined 
20 in the Sex
Offender
Management Board Act, the person shall 
21 undergo and successfully complete sex
offender treatment 
22 by a treatment provider approved by the Board and conducted

23 in conformance with the standards developed under the Sex

24 Offender Management Board Act;

25  (8.6) if convicted of a sex offense as defined in the 
26 Sex Offender Management Board Act, refrain from residing at 
 
 
10100SB1966ham001- 88 -LRB101 09230 RLC 60716 a


1 the same address or in the same condominium unit or 
2 apartment unit or in the same condominium complex or 
3 apartment complex with another person he or she knows or 
4 reasonably should know is a convicted sex offender or has 
5 been placed on supervision for a sex offense; the 
6 provisions of this paragraph do not apply to a person 
7 convicted of a sex offense who is placed in a Department of 
8 Corrections licensed transitional housing facility for sex 
9 offenders;
10  (8.7) if convicted for an offense committed on or after 
11 June 1, 2008 (the effective date of Public Act 95-464) that 
12 would qualify the accused as a child sex offender as 
13 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
14 1961 or the Criminal Code of 2012, refrain from 
15 communicating with or contacting, by means of the Internet, 
16 a person who is not related to the accused and whom the 
17 accused reasonably believes to be under 18 years of age; 
18 for purposes of this paragraph (8.7), "Internet" has the 
19 meaning ascribed to it in Section 16-0.1 of the Criminal 
20 Code of 2012; and a person is not related to the accused if 
21 the person is not: (i) the spouse, brother, or sister of 
22 the accused; (ii) a descendant of the accused; (iii) a 
23 first or second cousin of the accused; or (iv) a step-child 
24 or adopted child of the accused;
25  (8.8) if convicted for an offense under Section 11-6, 
26 11-9.1, 11-14.4 that involves soliciting for a juvenile 
 
 
10100SB1966ham001- 89 -LRB101 09230 RLC 60716 a


1 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
2 of the Criminal Code of 1961 or the Criminal Code of 2012, 
3 or any attempt to commit any of these offenses, committed 
4 on or after June 1, 2009 (the effective date of Public Act 
5 95-983):
6   (i) not access or use a computer or any other 
7 device with Internet capability without the prior 
8 written approval of the offender's probation officer, 
9 except in connection with the offender's employment or 
10 search for employment with the prior approval of the 
11 offender's probation officer;
12   (ii) submit to periodic unannounced examinations 
13 of the offender's computer or any other device with 
14 Internet capability by the offender's probation 
15 officer, a law enforcement officer, or assigned 
16 computer or information technology specialist, 
17 including the retrieval and copying of all data from 
18 the computer or device and any internal or external 
19 peripherals and removal of such information, 
20 equipment, or device to conduct a more thorough 
21 inspection;
22   (iii) submit to the installation on the offender's 
23 computer or device with Internet capability, at the 
24 offender's expense, of one or more hardware or software 
25 systems to monitor the Internet use; and
26   (iv) submit to any other appropriate restrictions 
 
 
10100SB1966ham001- 90 -LRB101 09230 RLC 60716 a


1 concerning the offender's use of or access to a 
2 computer or any other device with Internet capability 
3 imposed by the offender's probation officer; 
4  (8.9) if convicted of a sex offense as defined in the 
5 Sex Offender
Registration Act committed on or after January 
6 1, 2010 (the effective date of Public Act 96-262), refrain 
7 from accessing or using a social networking website as 
8 defined in Section 17-0.5 of the Criminal Code of 2012;

9  (9) if convicted of a felony or of any misdemeanor 
10 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
11 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
12 2012 that was determined, pursuant to Section 112A-11.1 of 
13 the Code of Criminal Procedure of 1963, to trigger the 
14 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall 
15 physically surrender, at a time and place designated by the 
16 court, all firearms in his or her possession to a law 
17 enforcement officer designated by the court to take custody 
18 of and impound the firearms and physically surrender his or 
19 her Firearm Owner's Identification Card to the law 
20 enforcement agency as a condition of remaining on bond 
21 pending sentencing. A defendant whose Firearm Owner's 
22 Identification Card has been revoked or suspended may 
23 petition the court to transfer the defendant's firearm to a 
24 person who is lawfully able to possess the firearm if the 
25 person does not reside at the same address as the 
26 defendant. Any transfer must be conducted under Section 3 
 
 
10100SB1966ham001- 91 -LRB101 09230 RLC 60716 a


1 of the Firearm Owners Identification Card Act. The 
2 transferee who receives the defendant's firearms must 
3 swear or affirm by affidavit that he or she shall not 
4 transfer the firearm to the defendant or to anyone residing 
5 in the same residence as the defendant, until the 
6 defendant's Firearm Owner's Identification Card has been 
7 reinstated. The law enforcement agency, upon transfer of 
8 the firearms, shall require the defendant to complete a 
9 Firearm Disposition Record under Section 9.5 of the Firearm 
10 Owner's Identification Card Act and provide a copy to the 
11 Department of State Police along with the defendants 
12 Firearm Owner's Identification Card physically surrender 
13 at a time and place
designated by the court, his or her 
14 Firearm
Owner's Identification Card and
any and all 
15 firearms in
his or her possession. The Court shall return 
16 to the Department of State Police Firearm Owner's 
17 Identification Card Office the person's Firearm Owner's 
18 Identification Card;


19  (10) if convicted of a sex offense as defined in 
20 subsection (a-5) of Section 3-1-2 of this Code, unless the 
21 offender is a parent or guardian of the person under 18 
22 years of age present in the home and no non-familial minors 
23 are present, not participate in a holiday event involving 
24 children under 18 years of age, such as distributing candy 
25 or other items to children on Halloween, wearing a Santa 
26 Claus costume on or preceding Christmas, being employed as 
 
 
10100SB1966ham001- 92 -LRB101 09230 RLC 60716 a


1 a department store Santa Claus, or wearing an Easter Bunny 
2 costume on or preceding Easter; 
3  (11) if convicted of a sex offense as defined in 
4 Section 2 of the Sex Offender Registration Act committed on 
5 or after January 1, 2010 (the effective date of Public Act 
6 96-362) that requires the person to register as a sex 
7 offender under that Act, may not knowingly use any computer 
8 scrub software on any computer that the sex offender uses; 
9  (12) if convicted of a violation of the Methamphetamine 
10 Control and Community Protection Act, the Methamphetamine

11 Precursor Control Act, or a methamphetamine related 
12 offense:
13   (A) prohibited from purchasing, possessing, or 
14 having under his or her control any product containing 
15 pseudoephedrine unless prescribed by a physician; and
16   (B) prohibited from purchasing, possessing, or 
17 having under his or her control any product containing 
18 ammonium nitrate; and
19  (13) if convicted of a hate crime involving the 
20 protected class identified in subsection (a) of Section 
21 12-7.1 of the Criminal Code of 2012 that gave rise to the 
22 offense the offender committed, perform public or 
23 community service of no less than 200 hours and enroll in 
24 an educational program discouraging hate crimes that 
25 includes racial, ethnic, and cultural sensitivity training 
26 ordered by the court; . 
 
 
10100SB1966ham001- 93 -LRB101 09230 RLC 60716 a


1  (14) if convicted of a felony, the defendant shall 
2 physically surrender, at a time and place designated by the 
3 court, all firearms in his or her possession to a law 
4 enforcement officer designated by the court to take custody 
5 of and impound the firearms and physically surrender his or 
6 her Firearm Owner's Identification Card to the law 
7 enforcement agency as a condition of remaining on bond 
8 pending sentencing. A defendant whose Firearm Owner's 
9 Identification Card has been revoked or suspended may 
10 petition the court to transfer the defendant's firearm to a 
11 person who is lawfully able to possess the firearm if the 
12 person does not reside at the same address as the 
13 defendant. Any transfer must be conducted under Section 3 
14 of the Firearm Owners Identification Card Act. The 
15 transferee who receives the defendant's firearms must 
16 swear or affirm by affidavit that he or she shall not 
17 transfer the firearm to the defendant or to anyone residing 
18 in the same residence as the defendant, until the 
19 defendant's Firearm Owner's Identification Card has been 
20 reinstated. The law enforcement agency, upon transfer of 
21 the firearms, shall require the defendant to complete a 
22 Firearm Disposition Record under Section 9.5 of the Firearm 
23 Owners Identification Card Act and provide a copy to the 
24 Department of State Police along with the defendants 
25 Firearm Owner's Identification Card; and 
26  (15) if the person is under 21 years of age and has 
 
 
10100SB1966ham001- 94 -LRB101 09230 RLC 60716 a


1 been convicted of a misdemeanor offense other than a 
2 traffic offense, the defendant shall physically surrender, 
3 at a time and place designated by the court, all firearms 
4 in his or her possession to a law enforcement officer 
5 designated by the court to take custody of and impound the 
6 firearms and physically surrender his or her Firearm 
7 Owner's Identification Card to the law enforcement agency 
8 as a condition of remaining on bond pending sentencing. A 
9 defendant whose Firearm Owner's Identification Card has 
10 been revoked or suspended may petition the court to 
11 transfer the defendant's firearm to a person who is 
12 lawfully able to possess the firearm if the person does not 
13 reside at the same address as the defendant. Any transfer 
14 must be conducted under Section 3 of the Firearm Owners 
15 Identification Card Act. The transferee who receives the 
16 defendant's firearms must swear or affirm by affidavit that 
17 he or she shall not transfer the firearm to the defendant 
18 or to anyone residing in the same residence as the 
19 defendant, until the defendant's Firearm Owner's 
20 Identification Card has been reinstated. The law 
21 enforcement agency, upon transfer of the firearms, shall 
22 require the defendant to complete a Firearm Disposition 
23 Record under Section 9.5 of the Firearm Owners 
24 Identification Card Act and provide a copy to the 
25 Department of State Police along with the defendants 
26 Firearm Owner's Identification Card. 
 
 
10100SB1966ham001- 95 -LRB101 09230 RLC 60716 a


1 (b) The Court may in addition to other reasonable 
2conditions relating to the
nature of the offense or the 
3rehabilitation of the defendant as determined for
each 
4defendant in the proper discretion of the Court require that 
5the person:


6  (1) serve a term of periodic imprisonment under Article 
7 7 for a
period not to exceed that specified in paragraph 
8 (d) of Section 5-7-1;


9  (2) pay a fine and costs;


10  (3) work or pursue a course of study or vocational 
11 training;


12  (4) undergo medical, psychological or psychiatric 
13 treatment; or treatment
for drug addiction or alcoholism;


14  (5) attend or reside in a facility established for the 
15 instruction
or residence of defendants on probation;


16  (6) support his dependents;


17  (7) and in addition, if a minor:


18   (i) reside with his parents or in a foster home;


19   (ii) attend school;


20   (iii) attend a non-residential program for youth;


21   (iv) contribute to his own support at home or in a 
22 foster home;


23   (v) with the consent of the superintendent of the

24 facility, attend an educational program at a facility 
25 other than the school
in which the
offense was 
26 committed if he
or she is convicted of a crime of 
 
 
10100SB1966ham001- 96 -LRB101 09230 RLC 60716 a


1 violence as
defined in
Section 2 of the Crime Victims 
2 Compensation Act committed in a school, on the
real

3 property
comprising a school, or within 1,000 feet of 
4 the real property comprising a
school;


5  (8) make restitution as provided in Section 5-5-6 of 
6 this Code;


7  (9) perform some reasonable public or community 
8 service;


9  (10) serve a term of home confinement. In addition to 
10 any other
applicable condition of probation or conditional 
11 discharge, the
conditions of home confinement shall be that 
12 the offender:


13   (i) remain within the interior premises of the 
14 place designated for
his confinement during the hours 
15 designated by the court;


16   (ii) admit any person or agent designated by the 
17 court into the
offender's place of confinement at any 
18 time for purposes of verifying
the offender's 
19 compliance with the conditions of his confinement; and


20   (iii) if further deemed necessary by the court or 
21 the
Probation or
Court Services Department, be placed 
22 on an approved
electronic monitoring device, subject 
23 to Article 8A of Chapter V;


24   (iv) for persons convicted of any alcohol, 
25 cannabis or controlled
substance violation who are 
26 placed on an approved monitoring device as a
condition 
 
 
10100SB1966ham001- 97 -LRB101 09230 RLC 60716 a


1 of probation or conditional discharge, the court shall 
2 impose a
reasonable fee for each day of the use of the 
3 device, as established by the
county board in 
4 subsection (g) of this Section, unless after 
5 determining the
inability of the offender to pay the 
6 fee, the court assesses a lesser fee or no
fee as the 
7 case may be. This fee shall be imposed in addition to 
8 the fees
imposed under subsections (g) and (i) of this 
9 Section. The fee shall be
collected by the clerk of the 
10 circuit court, except as provided in an administrative 
11 order of the Chief Judge of the circuit court. The 
12 clerk of the circuit
court shall pay all monies 
13 collected from this fee to the county treasurer
for 
14 deposit in the substance abuse services fund under 
15 Section 5-1086.1 of
the Counties Code, except as 
16 provided in an administrative order of the Chief Judge 
17 of the circuit court.
18   The Chief Judge of the circuit court of the county 
19 may by administrative order establish a program for 
20 electronic monitoring of offenders, in which a vendor 
21 supplies and monitors the operation of the electronic 
22 monitoring device, and collects the fees on behalf of 
23 the county. The program shall include provisions for 
24 indigent offenders and the collection of unpaid fees. 
25 The program shall not unduly burden the offender and 
26 shall be subject to review by the Chief Judge.
 
 
10100SB1966ham001- 98 -LRB101 09230 RLC 60716 a


1   The Chief Judge of the circuit court may suspend 
2 any additional charges or fees for late payment, 
3 interest, or damage to any device; and


4   (v) for persons convicted of offenses other than 
5 those referenced in
clause (iv) above and who are 
6 placed on an approved monitoring device as a
condition 
7 of probation or conditional discharge, the court shall 
8 impose
a reasonable fee for each day of the use of the 
9 device, as established by the
county board in 
10 subsection (g) of this Section, unless after 
11 determining the
inability of the defendant to pay the 
12 fee, the court assesses a lesser fee or
no fee as the 
13 case may be. This fee shall be imposed in addition to 
14 the fees
imposed under subsections (g) and (i) of this 
15 Section. The fee
shall be collected by the clerk of the 
16 circuit court, except as provided in an administrative 
17 order of the Chief Judge of the circuit court. The 
18 clerk of the circuit
court shall pay all monies 
19 collected from this fee
to the county treasurer who 
20 shall use the monies collected to defray the
costs of 
21 corrections. The county treasurer shall deposit the 
22 fee
collected in the probation and court services fund.

23 The Chief Judge of the circuit court of the county may 
24 by administrative order establish a program for 
25 electronic monitoring of offenders, in which a vendor 
26 supplies and monitors the operation of the electronic 
 
 
10100SB1966ham001- 99 -LRB101 09230 RLC 60716 a


1 monitoring device, and collects the fees on behalf of 
2 the county. The program shall include provisions for 
3 indigent offenders and the collection of unpaid fees. 
4 The program shall not unduly burden the offender and 
5 shall be subject to review by the Chief Judge. 

6   The Chief Judge of the circuit court may suspend 
7 any additional charges or fees for late payment, 
8 interest, or damage to any device. 
9  (11) comply with the terms and conditions of an order 
10 of protection issued
by the court pursuant to the Illinois 
11 Domestic Violence Act of 1986,
as now or hereafter amended, 
12 or an order of protection issued by the court of
another 
13 state, tribe, or United States territory. A copy of the 
14 order of
protection shall be
transmitted to the probation 
15 officer or agency
having responsibility for the case;


16  (12) reimburse any "local anti-crime program" as 
17 defined in Section 7
of the Anti-Crime Advisory Council Act 
18 for any reasonable expenses incurred
by the program on the 
19 offender's case, not to exceed the maximum amount of
the 
20 fine authorized for the offense for which the defendant was 
21 sentenced;


22  (13) contribute a reasonable sum of money, not to 
23 exceed the maximum
amount of the fine authorized for the

24 offense for which the defendant was sentenced, (i) to a 
25 "local anti-crime
program", as defined in Section 7 of the 
26 Anti-Crime Advisory Council Act, or (ii) for offenses under 
 
 
10100SB1966ham001- 100 -LRB101 09230 RLC 60716 a


1 the jurisdiction of the Department of Natural Resources, to 
2 the fund established by the Department of Natural Resources 
3 for the purchase of evidence for investigation purposes and 
4 to conduct investigations as outlined in Section 805-105 of 
5 the Department of Natural Resources (Conservation) Law;


6  (14) refrain from entering into a designated 
7 geographic area except upon
such terms as the court finds 
8 appropriate. Such terms may include
consideration of the 
9 purpose of the entry, the time of day, other persons

10 accompanying the defendant, and advance approval by a

11 probation officer, if
the defendant has been placed on 
12 probation or advance approval by the
court, if the 
13 defendant was placed on conditional discharge;


14  (15) refrain from having any contact, directly or 
15 indirectly, with
certain specified persons or particular 
16 types of persons, including but not
limited to members of 
17 street gangs and drug users or dealers;


18  (16) refrain from having in his or her body the 
19 presence of any illicit
drug prohibited by the Cannabis 
20 Control Act, the Illinois Controlled
Substances Act, or the 
21 Methamphetamine Control and Community Protection Act, 
22 unless prescribed by a physician, and submit samples of
his 
23 or her blood or urine or both for tests to determine the 
24 presence of any
illicit drug;

25  (17) if convicted for an offense committed on or after 
26 June 1, 2008 (the effective date of Public Act 95-464) that 
 
 
10100SB1966ham001- 101 -LRB101 09230 RLC 60716 a


1 would qualify the accused as a child sex offender as 
2 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
3 1961 or the Criminal Code of 2012, refrain from 
4 communicating with or contacting, by means of the Internet, 
5 a person who is related to the accused and whom the accused 
6 reasonably believes to be under 18 years of age; for 
7 purposes of this paragraph (17), "Internet" has the meaning 
8 ascribed to it in Section 16-0.1 of the Criminal Code of 
9 2012; and a person is related to the accused if the person 
10 is: (i) the spouse, brother, or sister of the accused; (ii) 
11 a descendant of the accused; (iii) a first or second cousin 
12 of the accused; or (iv) a step-child or adopted child of 
13 the accused;
14  (18) if convicted for an offense committed on or after 
15 June 1, 2009 (the effective date of Public Act 95-983) that 
16 would qualify as a sex offense as defined in the Sex 
17 Offender Registration Act:
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
10100SB1966ham001- 102 -LRB101 09230 RLC 60716 a


1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 subject's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; and 
16  (19) refrain from possessing a firearm or other 
17 dangerous weapon where the offense is a misdemeanor that 
18 did not involve the intentional or knowing infliction of 
19 bodily harm or threat of bodily harm. 
20 (c) The court may as a condition of probation or of 
21conditional
discharge require that a person under 18 years of 
22age found guilty of any
alcohol, cannabis or controlled 
23substance violation, refrain from acquiring
a driver's license 
24during
the period of probation or conditional discharge. If 
25such person
is in possession of a permit or license, the court 
26may require that
the minor refrain from driving or operating 
 
 
10100SB1966ham001- 103 -LRB101 09230 RLC 60716 a


1any motor vehicle during the
period of probation or conditional 
2discharge, except as may be necessary in
the course of the 
3minor's lawful employment.


4 (d) An offender sentenced to probation or to conditional 
5discharge
shall be given a certificate setting forth the 
6conditions thereof.


7 (e) Except where the offender has committed a fourth or 
8subsequent
violation of subsection (c) of Section 6-303 of the 
9Illinois Vehicle Code,
the court shall not require as a 
10condition of the sentence of
probation or conditional discharge 
11that the offender be committed to a
period of imprisonment in 
12excess of 6 months.
This 6-month limit shall not include 
13periods of confinement given pursuant to
a sentence of county 
14impact incarceration under Section 5-8-1.2.

15 Persons committed to imprisonment as a condition of 
16probation or
conditional discharge shall not be committed to 
17the Department of
Corrections.


18 (f) The court may combine a sentence of periodic 
19imprisonment under
Article 7 or a sentence to a county impact 
20incarceration program under
Article 8 with a sentence of 
21probation or conditional discharge.


22 (g) An offender sentenced to probation or to conditional 
23discharge and
who during the term of either undergoes mandatory 
24drug or alcohol testing,
or both, or is assigned to be placed 
25on an approved electronic monitoring
device, shall be ordered 
26to pay all costs incidental to such mandatory drug
or alcohol 
 
 
10100SB1966ham001- 104 -LRB101 09230 RLC 60716 a


1testing, or both, and all costs
incidental to such approved 
2electronic monitoring in accordance with the
defendant's 
3ability to pay those costs. The county board with
the 
4concurrence of the Chief Judge of the judicial
circuit in which 
5the county is located shall establish reasonable fees for
the 
6cost of maintenance, testing, and incidental expenses related 
7to the
mandatory drug or alcohol testing, or both, and all 
8costs incidental to
approved electronic monitoring, involved 
9in a successful probation program
for the county. The 
10concurrence of the Chief Judge shall be in the form of
an 
11administrative order.
The fees shall be collected by the clerk 
12of the circuit court, except as provided in an administrative 
13order of the Chief Judge of the circuit court. The clerk of
the 
14circuit court shall pay all moneys collected from these fees to 
15the county
treasurer who shall use the moneys collected to 
16defray the costs of
drug testing, alcohol testing, and 
17electronic monitoring.
The county treasurer shall deposit the 
18fees collected in the
county working cash fund under Section 
196-27001 or Section 6-29002 of the
Counties Code, as the case 
20may be.
The Chief Judge of the circuit court of the county may 
21by administrative order establish a program for electronic 
22monitoring of offenders, in which a vendor supplies and 
23monitors the operation of the electronic monitoring device, and 
24collects the fees on behalf of the county. The program shall 
25include provisions for indigent offenders and the collection of 
26unpaid fees. The program shall not unduly burden the offender 
 
 
10100SB1966ham001- 105 -LRB101 09230 RLC 60716 a


1and shall be subject to review by the Chief Judge. 

2 The Chief Judge of the circuit court may suspend any 
3additional charges or fees for late payment, interest, or 
4damage to any device. 
5 (h) Jurisdiction over an offender may be transferred from 
6the
sentencing court to the court of another circuit with the 
7concurrence of
both courts. Further transfers or retransfers of

8jurisdiction are also
authorized in the same manner. The court 
9to which jurisdiction has been
transferred shall have the same 
10powers as the sentencing court.
The probation department within 
11the circuit to which jurisdiction has been transferred, or 
12which has agreed to provide supervision, may impose probation 
13fees upon receiving the transferred offender, as provided in 
14subsection (i). For all transfer cases, as defined in Section 
159b of the Probation and Probation Officers Act, the probation 
16department from the original sentencing court shall retain all 
17probation fees collected prior to the transfer. After the 
18transfer,
all probation fees shall be paid to the probation 
19department within the
circuit to which jurisdiction has been 
20transferred.

21 (i) The court shall impose upon an offender
sentenced to 
22probation after January 1, 1989 or to conditional discharge

23after January 1, 1992 or to community service under the 
24supervision of a
probation or court services department after 
25January 1, 2004, as a condition of such probation or 
26conditional
discharge or supervised community service, a fee of 
 
 
10100SB1966ham001- 106 -LRB101 09230 RLC 60716 a


1$50
for each month of probation or
conditional
discharge 
2supervision or supervised community service ordered by the 
3court, unless after
determining the inability of the person 
4sentenced to probation or conditional
discharge or supervised 
5community service to pay the
fee, the court assesses a lesser 
6fee. The court may not impose the fee on a
minor who is placed 
7in the guardianship or custody of the Department of Children 
8and Family Services under the Juvenile Court Act of 1987
while 
9the minor is in placement.
The fee shall be imposed only upon

10an offender who is actively supervised by the
probation and 
11court services
department. The fee shall be collected by the 
12clerk
of the circuit court. The clerk of the circuit court 
13shall pay all monies
collected from this fee to the county 
14treasurer for deposit in the
probation and court services fund 
15under Section 15.1 of the
Probation and Probation Officers Act.

16 A circuit court may not impose a probation fee under this 
17subsection (i) in excess of $25
per month unless the circuit 
18court has adopted, by administrative
order issued by the chief 
19judge, a standard probation fee guide
determining an offender's 
20ability to pay Of the
amount collected as a probation fee, up 
21to $5 of that fee
collected per month may be used to provide 
22services to crime victims
and their families.
23 The Court may only waive probation fees based on an 
24offender's ability to pay. The probation department may 
25re-evaluate an offender's ability to pay every 6 months, and, 
26with the approval of the Director of Court Services or the 
 
 
10100SB1966ham001- 107 -LRB101 09230 RLC 60716 a


1Chief Probation Officer, adjust the monthly fee amount. An 
2offender may elect to pay probation fees due in a lump sum.
Any 
3offender that has been assigned to the supervision of a 
4probation department, or has been transferred either under 
5subsection (h) of this Section or under any interstate compact, 
6shall be required to pay probation fees to the department 
7supervising the offender, based on the offender's ability to 
8pay.


9 Public Act 93-970 deletes the $10 increase in the fee under 
10this subsection that was imposed by Public Act 93-616. This 
11deletion is intended to control over any other Act of the 93rd 
12General Assembly that retains or incorporates that fee 
13increase.
14 (i-5) In addition to the fees imposed under subsection (i) 
15of this Section, in the case of an offender convicted of a 
16felony sex offense (as defined in the Sex Offender Management 
17Board Act) or an offense that the court or probation department 
18has determined to be sexually motivated (as defined in the Sex 
19Offender Management Board Act), the court or the probation 
20department shall assess additional fees to pay for all costs of 
21treatment, assessment, evaluation for risk and treatment, and 
22monitoring the offender, based on that offender's ability to 
23pay those costs either as they occur or under a payment plan.
24 (j) All fines and costs imposed under this Section for any 
25violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
26Code, or a similar
provision of a local ordinance, and any 
 
 
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1violation of the Child Passenger
Protection Act, or a similar 
2provision of a local ordinance, shall be
collected and 
3disbursed by the circuit clerk as provided under Section 27.5

4of the Clerks of Courts Act.


5 (k) Any offender who is sentenced to probation or 
6conditional discharge for a felony sex offense as defined in 
7the Sex Offender Management Board Act or any offense that the 
8court or probation department has determined to be sexually 
9motivated as defined in the Sex Offender Management Board Act 
10shall be required to refrain from any contact, directly or 
11indirectly, with any persons specified by the court and shall 
12be available for all evaluations and treatment programs 
13required by the court or the probation department.

14 (l) The court may order an offender who is sentenced to 
15probation or conditional
discharge for a violation of an order 
16of protection be placed under electronic surveillance as 
17provided in Section 5-8A-7 of this Code. 
18(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
19100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
201-8-18.)

21 (Text of Section after amendment by P.A. 100-987)
22 Sec. 5-6-3. Conditions of probation and of conditional 
23discharge.

24 (a) The conditions of probation and of conditional 
25discharge shall be
that the person:


 
 
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1  (1) not violate any criminal statute of any 
2 jurisdiction;


3  (2) report to or appear in person before such person or 
4 agency as
directed by the court;


5  (3) refrain from possessing a firearm or other 
6 dangerous weapon where the offense is a felony or, if a 
7 misdemeanor, the offense involved the intentional or 
8 knowing infliction of bodily harm or threat of bodily harm;


9  (4) not leave the State without the consent of the 
10 court or, in
circumstances in which the reason for the 
11 absence is of such an emergency
nature that prior consent 
12 by the court is not possible, without the prior

13 notification and approval of the person's probation

14 officer. Transfer of a person's probation or conditional 
15 discharge
supervision to another state is subject to 
16 acceptance by the other state
pursuant to the Interstate 
17 Compact for Adult Offender Supervision;


18  (5) permit the probation officer to visit
him at his 
19 home or elsewhere
to the extent necessary to discharge his 
20 duties;


21  (6) perform no less than 30 hours of community service 
22 and not more than
120 hours of community service, if 
23 community service is available in the
jurisdiction and is 
24 funded and approved by the county board where the offense

25 was committed, where the offense was related to or in 
26 furtherance of the
criminal activities of an organized gang 
 
 
10100SB1966ham001- 110 -LRB101 09230 RLC 60716 a


1 and was motivated by the offender's
membership in or 
2 allegiance to an organized gang. The community service 
3 shall
include, but not be limited to, the cleanup and 
4 repair of any damage caused by
a violation of Section 
5 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
6 2012 and similar damage
to property located within the 
7 municipality or county in which the violation
occurred. 
8 When possible and reasonable, the community service should 
9 be
performed in the offender's neighborhood. For purposes 
10 of this Section,
"organized gang" has the meaning ascribed 
11 to it in Section 10 of the Illinois
Streetgang Terrorism 
12 Omnibus Prevention Act. The court may give credit toward 
13 the fulfillment of community service hours for 
14 participation in activities and treatment as determined by 
15 court services;


16  (7) if he or she is at least 17 years of age and has 
17 been sentenced to
probation or conditional discharge for a 
18 misdemeanor or felony in a county of
3,000,000 or more 
19 inhabitants and has not been previously convicted of a

20 misdemeanor or felony, may be required by the sentencing 
21 court to attend
educational courses designed to prepare the 
22 defendant for a high school diploma
and to work toward a 
23 high school diploma or to work toward passing high school 
24 equivalency testing or to work toward
completing a 
25 vocational training program approved by the court. The 
26 person on
probation or conditional discharge must attend a 
 
 
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1 public institution of
education to obtain the educational 
2 or vocational training required by this paragraph
(7). The 
3 court shall revoke the probation or conditional discharge 
4 of a
person who wilfully fails to comply with this 
5 paragraph (7). The person on
probation or conditional 
6 discharge shall be required to pay for the cost of the

7 educational courses or high school equivalency testing if a 
8 fee is charged for those courses or testing. The court 
9 shall resentence the offender whose probation or 
10 conditional
discharge has been revoked as provided in 
11 Section 5-6-4. This paragraph (7) does
not apply to a 
12 person who has a high school diploma or has successfully 
13 passed high school equivalency testing. This paragraph (7) 
14 does not apply to a person who is determined by
the court 
15 to be a person with a developmental disability or otherwise 
16 mentally incapable of
completing the educational or 
17 vocational program;


18  (8) if convicted of possession of a substance 
19 prohibited
by the Cannabis Control Act, the Illinois 
20 Controlled Substances Act, or the Methamphetamine Control 
21 and Community Protection Act
after a previous conviction or 
22 disposition of supervision for possession of a
substance 
23 prohibited by the Cannabis Control Act or Illinois 
24 Controlled
Substances Act or after a sentence of probation 
25 under Section 10 of the
Cannabis
Control Act, Section 410 
26 of the Illinois Controlled Substances Act, or Section 70 of 
 
 
10100SB1966ham001- 112 -LRB101 09230 RLC 60716 a


1 the Methamphetamine Control and Community Protection Act 
2 and upon a
finding by the court that the person is 
3 addicted, undergo treatment at a
substance abuse program 
4 approved by the court;


5  (8.5) if convicted of a felony sex offense as defined 
6 in the Sex
Offender
Management Board Act, the person shall 
7 undergo and successfully complete sex
offender treatment 
8 by a treatment provider approved by the Board and conducted

9 in conformance with the standards developed under the Sex

10 Offender Management Board Act;

11  (8.6) if convicted of a sex offense as defined in the 
12 Sex Offender Management Board Act, refrain from residing at 
13 the same address or in the same condominium unit or 
14 apartment unit or in the same condominium complex or 
15 apartment complex with another person he or she knows or 
16 reasonably should know is a convicted sex offender or has 
17 been placed on supervision for a sex offense; the 
18 provisions of this paragraph do not apply to a person 
19 convicted of a sex offense who is placed in a Department of 
20 Corrections licensed transitional housing facility for sex 
21 offenders;
22  (8.7) if convicted for an offense committed on or after 
23 June 1, 2008 (the effective date of Public Act 95-464) that 
24 would qualify the accused as a child sex offender as 
25 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
26 1961 or the Criminal Code of 2012, refrain from 
 
 
10100SB1966ham001- 113 -LRB101 09230 RLC 60716 a


1 communicating with or contacting, by means of the Internet, 
2 a person who is not related to the accused and whom the 
3 accused reasonably believes to be under 18 years of age; 
4 for purposes of this paragraph (8.7), "Internet" has the 
5 meaning ascribed to it in Section 16-0.1 of the Criminal 
6 Code of 2012; and a person is not related to the accused if 
7 the person is not: (i) the spouse, brother, or sister of 
8 the accused; (ii) a descendant of the accused; (iii) a 
9 first or second cousin of the accused; or (iv) a step-child 
10 or adopted child of the accused;
11  (8.8) if convicted for an offense under Section 11-6, 
12 11-9.1, 11-14.4 that involves soliciting for a juvenile 
13 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
14 of the Criminal Code of 1961 or the Criminal Code of 2012, 
15 or any attempt to commit any of these offenses, committed 
16 on or after June 1, 2009 (the effective date of Public Act 
17 95-983):
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
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1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 offender's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; 
16  (8.9) if convicted of a sex offense as defined in the 
17 Sex Offender
Registration Act committed on or after January 
18 1, 2010 (the effective date of Public Act 96-262), refrain 
19 from accessing or using a social networking website as 
20 defined in Section 17-0.5 of the Criminal Code of 2012;

21  (9) if convicted of a felony or of any misdemeanor 
22 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
23 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
24 2012 that was determined, pursuant to Section 112A-11.1 of 
25 the Code of Criminal Procedure of 1963, to trigger the 
26 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall 
 
 
10100SB1966ham001- 115 -LRB101 09230 RLC 60716 a


1 physically surrender, at a time and place designated by the 
2 court, all firearms in his or her possession to a law 
3 enforcement officer designated by the court to take custody 
4 of and impound the firearms and physically surrender his or 
5 her Firearm Owner's Identification Card to the law 
6 enforcement agency as a condition of remaining on bond 
7 pending sentencing. A defendant whose Firearm Owner's 
8 Identification Card has been revoked or suspended may 
9 petition the court to transfer the defendant's firearm to a 
10 person who is lawfully able to possess the firearm if the 
11 person does not reside at the same address as the 
12 defendant. Any transfer must be conducted under Section 3 
13 of the Firearm Owners Identification Card Act. The 
14 transferee who receives the defendant's firearms must 
15 swear or affirm by affidavit that he or she shall not 
16 transfer the firearm to the defendant or to anyone residing 
17 in the same residence as the defendant, until the 
18 defendant's Firearm Owner's Identification Card has been 
19 reinstated. The law enforcement agency, upon transfer of 
20 the firearms, shall require the defendant to complete a 
21 Firearm Disposition Record under Section 9.5 of the Firearm 
22 Owner's Identification Card Act and provide a copy to the 
23 Department of State Police along with the defendants 
24 Firearm Owner's Identification Card physically surrender 
25 at a time and place
designated by the court, his or her 
26 Firearm
Owner's Identification Card and
any and all 
 
 
10100SB1966ham001- 116 -LRB101 09230 RLC 60716 a


1 firearms in
his or her possession. The Court shall return 
2 to the Department of State Police Firearm Owner's 
3 Identification Card Office the person's Firearm Owner's 
4 Identification Card;


5  (10) if convicted of a sex offense as defined in 
6 subsection (a-5) of Section 3-1-2 of this Code, unless the 
7 offender is a parent or guardian of the person under 18 
8 years of age present in the home and no non-familial minors 
9 are present, not participate in a holiday event involving 
10 children under 18 years of age, such as distributing candy 
11 or other items to children on Halloween, wearing a Santa 
12 Claus costume on or preceding Christmas, being employed as 
13 a department store Santa Claus, or wearing an Easter Bunny 
14 costume on or preceding Easter; 
15  (11) if convicted of a sex offense as defined in 
16 Section 2 of the Sex Offender Registration Act committed on 
17 or after January 1, 2010 (the effective date of Public Act 
18 96-362) that requires the person to register as a sex 
19 offender under that Act, may not knowingly use any computer 
20 scrub software on any computer that the sex offender uses; 
21  (12) if convicted of a violation of the Methamphetamine 
22 Control and Community Protection Act, the Methamphetamine

23 Precursor Control Act, or a methamphetamine related 
24 offense:
25   (A) prohibited from purchasing, possessing, or 
26 having under his or her control any product containing 
 
 
10100SB1966ham001- 117 -LRB101 09230 RLC 60716 a


1 pseudoephedrine unless prescribed by a physician; and
2   (B) prohibited from purchasing, possessing, or 
3 having under his or her control any product containing 
4 ammonium nitrate; and
5  (13) if convicted of a hate crime involving the 
6 protected class identified in subsection (a) of Section 
7 12-7.1 of the Criminal Code of 2012 that gave rise to the 
8 offense the offender committed, perform public or 
9 community service of no less than 200 hours and enroll in 
10 an educational program discouraging hate crimes that 
11 includes racial, ethnic, and cultural sensitivity training 
12 ordered by the court; . 
13  (14) if convicted of a felony, the defendant shall 
14 physically surrender, at a time and place designated by the 
15 court, all firearms in his or her possession to a law 
16 enforcement officer designated by the court to take custody 
17 of and impound the firearms and physically surrender his or 
18 her Firearm Owner's Identification Card to the law 
19 enforcement agency as a condition of remaining on bond 
20 pending sentencing. A defendant whose Firearm Owner's 
21 Identification Card has been revoked or suspended may 
22 petition the court to transfer the defendant's firearm to a 
23 person who is lawfully able to possess the firearm if the 
24 person does not reside at the same address as the 
25 defendant. Any transfer must be conducted under Section 3 
26 of the Firearm Owners Identification Card Act. The 
 
 
10100SB1966ham001- 118 -LRB101 09230 RLC 60716 a


1 transferee who receives the defendant's firearms must 
2 swear or affirm by affidavit that he or she shall not 
3 transfer the firearm to the defendant or to anyone residing 
4 in the same residence as the defendant, until the 
5 defendant's Firearm Owner's Identification Card has been 
6 reinstated. The law enforcement agency, upon transfer of 
7 the firearms, shall require the defendant to complete a 
8 Firearm Disposition Record under Section 9.5 of the Firearm 
9 Owners Identification Card Act and provide a copy to the 
10 Department of State Police along with the defendants 
11 Firearm Owner's Identification Card; and 
12  (15) if the person is under 21 years of age and has 
13 been convicted of a misdemeanor offense other than a 
14 traffic offense, the defendant shall physically surrender, 
15 at a time and place designated by the court, all firearms 
16 in his or her possession to a law enforcement officer 
17 designated by the court to take custody of and impound the 
18 firearms and physically surrender his or her Firearm 
19 Owner's Identification Card to the law enforcement agency 
20 as a condition of remaining on bond pending sentencing. A 
21 defendant whose Firearm Owner's Identification Card has 
22 been revoked or suspended may petition the court to 
23 transfer the defendant's firearm to a person who is 
24 lawfully able to possess the firearm if the person does not 
25 reside at the same address as the defendant. Any transfer 
26 must be conducted under Section 3 of the Firearm Owners 
 
 
10100SB1966ham001- 119 -LRB101 09230 RLC 60716 a


1 Identification Card Act. The transferee who receives the 
2 defendant's firearms must swear or affirm by affidavit that 
3 he or she shall not transfer the firearm to the defendant 
4 or to anyone residing in the same residence as the 
5 defendant, until the defendant's Firearm Owner's 
6 Identification Card has been reinstated. The law 
7 enforcement agency, upon transfer of the firearms, shall 
8 require the defendant to complete a Firearm Disposition 
9 Record under Section 9.5 of the Firearm Owners 
10 Identification Card Act and provide a copy to the 
11 Department of State Police along with the defendants 
12 Firearm Owner's Identification Card. 
13 (b) The Court may in addition to other reasonable 
14conditions relating to the
nature of the offense or the 
15rehabilitation of the defendant as determined for
each 
16defendant in the proper discretion of the Court require that 
17the person:


18  (1) serve a term of periodic imprisonment under Article 
19 7 for a
period not to exceed that specified in paragraph 
20 (d) of Section 5-7-1;


21  (2) pay a fine and costs;


22  (3) work or pursue a course of study or vocational 
23 training;


24  (4) undergo medical, psychological or psychiatric 
25 treatment; or treatment
for drug addiction or alcoholism;


26  (5) attend or reside in a facility established for the 
 
 
10100SB1966ham001- 120 -LRB101 09230 RLC 60716 a


1 instruction
or residence of defendants on probation;


2  (6) support his dependents;


3  (7) and in addition, if a minor:


4   (i) reside with his parents or in a foster home;


5   (ii) attend school;


6   (iii) attend a non-residential program for youth;


7   (iv) contribute to his own support at home or in a 
8 foster home;


9   (v) with the consent of the superintendent of the

10 facility, attend an educational program at a facility 
11 other than the school
in which the
offense was 
12 committed if he
or she is convicted of a crime of 
13 violence as
defined in
Section 2 of the Crime Victims 
14 Compensation Act committed in a school, on the
real

15 property
comprising a school, or within 1,000 feet of 
16 the real property comprising a
school;


17  (8) make restitution as provided in Section 5-5-6 of 
18 this Code;


19  (9) perform some reasonable public or community 
20 service;


21  (10) serve a term of home confinement. In addition to 
22 any other
applicable condition of probation or conditional 
23 discharge, the
conditions of home confinement shall be that 
24 the offender:


25   (i) remain within the interior premises of the 
26 place designated for
his confinement during the hours 
 
 
10100SB1966ham001- 121 -LRB101 09230 RLC 60716 a


1 designated by the court;


2   (ii) admit any person or agent designated by the 
3 court into the
offender's place of confinement at any 
4 time for purposes of verifying
the offender's 
5 compliance with the conditions of his confinement; and


6   (iii) if further deemed necessary by the court or 
7 the
Probation or
Court Services Department, be placed 
8 on an approved
electronic monitoring device, subject 
9 to Article 8A of Chapter V;


10   (iv) for persons convicted of any alcohol, 
11 cannabis or controlled
substance violation who are 
12 placed on an approved monitoring device as a
condition 
13 of probation or conditional discharge, the court shall 
14 impose a
reasonable fee for each day of the use of the 
15 device, as established by the
county board in 
16 subsection (g) of this Section, unless after 
17 determining the
inability of the offender to pay the 
18 fee, the court assesses a lesser fee or no
fee as the 
19 case may be. This fee shall be imposed in addition to 
20 the fees
imposed under subsections (g) and (i) of this 
21 Section. The fee shall be
collected by the clerk of the 
22 circuit court, except as provided in an administrative 
23 order of the Chief Judge of the circuit court. The 
24 clerk of the circuit
court shall pay all monies 
25 collected from this fee to the county treasurer
for 
26 deposit in the substance abuse services fund under 
 
 
10100SB1966ham001- 122 -LRB101 09230 RLC 60716 a


1 Section 5-1086.1 of
the Counties Code, except as 
2 provided in an administrative order of the Chief Judge 
3 of the circuit court.
4   The Chief Judge of the circuit court of the county 
5 may by administrative order establish a program for 
6 electronic monitoring of offenders, in which a vendor 
7 supplies and monitors the operation of the electronic 
8 monitoring device, and collects the fees on behalf of 
9 the county. The program shall include provisions for 
10 indigent offenders and the collection of unpaid fees. 
11 The program shall not unduly burden the offender and 
12 shall be subject to review by the Chief Judge.
13   The Chief Judge of the circuit court may suspend 
14 any additional charges or fees for late payment, 
15 interest, or damage to any device; and


16   (v) for persons convicted of offenses other than 
17 those referenced in
clause (iv) above and who are 
18 placed on an approved monitoring device as a
condition 
19 of probation or conditional discharge, the court shall 
20 impose
a reasonable fee for each day of the use of the 
21 device, as established by the
county board in 
22 subsection (g) of this Section, unless after 
23 determining the
inability of the defendant to pay the 
24 fee, the court assesses a lesser fee or
no fee as the 
25 case may be. This fee shall be imposed in addition to 
26 the fees
imposed under subsections (g) and (i) of this 
 
 
10100SB1966ham001- 123 -LRB101 09230 RLC 60716 a


1 Section. The fee
shall be collected by the clerk of the 
2 circuit court, except as provided in an administrative 
3 order of the Chief Judge of the circuit court. The 
4 clerk of the circuit
court shall pay all monies 
5 collected from this fee
to the county treasurer who 
6 shall use the monies collected to defray the
costs of 
7 corrections. The county treasurer shall deposit the 
8 fee
collected in the probation and court services fund.

9 The Chief Judge of the circuit court of the county may 
10 by administrative order establish a program for 
11 electronic monitoring of offenders, in which a vendor 
12 supplies and monitors the operation of the electronic 
13 monitoring device, and collects the fees on behalf of 
14 the county. The program shall include provisions for 
15 indigent offenders and the collection of unpaid fees. 
16 The program shall not unduly burden the offender and 
17 shall be subject to review by the Chief Judge. 

18   The Chief Judge of the circuit court may suspend 
19 any additional charges or fees for late payment, 
20 interest, or damage to any device. 
21  (11) comply with the terms and conditions of an order 
22 of protection issued
by the court pursuant to the Illinois 
23 Domestic Violence Act of 1986,
as now or hereafter amended, 
24 or an order of protection issued by the court of
another 
25 state, tribe, or United States territory. A copy of the 
26 order of
protection shall be
transmitted to the probation 
 
 
10100SB1966ham001- 124 -LRB101 09230 RLC 60716 a


1 officer or agency
having responsibility for the case;


2  (12) reimburse any "local anti-crime program" as 
3 defined in Section 7
of the Anti-Crime Advisory Council Act 
4 for any reasonable expenses incurred
by the program on the 
5 offender's case, not to exceed the maximum amount of
the 
6 fine authorized for the offense for which the defendant was 
7 sentenced;


8  (13) contribute a reasonable sum of money, not to 
9 exceed the maximum
amount of the fine authorized for the

10 offense for which the defendant was sentenced, (i) to a 
11 "local anti-crime
program", as defined in Section 7 of the 
12 Anti-Crime Advisory Council Act, or (ii) for offenses under 
13 the jurisdiction of the Department of Natural Resources, to 
14 the fund established by the Department of Natural Resources 
15 for the purchase of evidence for investigation purposes and 
16 to conduct investigations as outlined in Section 805-105 of 
17 the Department of Natural Resources (Conservation) Law;


18  (14) refrain from entering into a designated 
19 geographic area except upon
such terms as the court finds 
20 appropriate. Such terms may include
consideration of the 
21 purpose of the entry, the time of day, other persons

22 accompanying the defendant, and advance approval by a

23 probation officer, if
the defendant has been placed on 
24 probation or advance approval by the
court, if the 
25 defendant was placed on conditional discharge;


26  (15) refrain from having any contact, directly or 
 
 
10100SB1966ham001- 125 -LRB101 09230 RLC 60716 a


1 indirectly, with
certain specified persons or particular 
2 types of persons, including but not
limited to members of 
3 street gangs and drug users or dealers;


4  (16) refrain from having in his or her body the 
5 presence of any illicit
drug prohibited by the Cannabis 
6 Control Act, the Illinois Controlled
Substances Act, or the 
7 Methamphetamine Control and Community Protection Act, 
8 unless prescribed by a physician, and submit samples of
his 
9 or her blood or urine or both for tests to determine the 
10 presence of any
illicit drug;

11  (17) if convicted for an offense committed on or after 
12 June 1, 2008 (the effective date of Public Act 95-464) that 
13 would qualify the accused as a child sex offender as 
14 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
15 1961 or the Criminal Code of 2012, refrain from 
16 communicating with or contacting, by means of the Internet, 
17 a person who is related to the accused and whom the accused 
18 reasonably believes to be under 18 years of age; for 
19 purposes of this paragraph (17), "Internet" has the meaning 
20 ascribed to it in Section 16-0.1 of the Criminal Code of 
21 2012; and a person is related to the accused if the person 
22 is: (i) the spouse, brother, or sister of the accused; (ii) 
23 a descendant of the accused; (iii) a first or second cousin 
24 of the accused; or (iv) a step-child or adopted child of 
25 the accused;
26  (18) if convicted for an offense committed on or after 
 
 
10100SB1966ham001- 126 -LRB101 09230 RLC 60716 a


1 June 1, 2009 (the effective date of Public Act 95-983) that 
2 would qualify as a sex offense as defined in the Sex 
3 Offender Registration Act:
4   (i) not access or use a computer or any other 
5 device with Internet capability without the prior 
6 written approval of the offender's probation officer, 
7 except in connection with the offender's employment or 
8 search for employment with the prior approval of the 
9 offender's probation officer;
10   (ii) submit to periodic unannounced examinations 
11 of the offender's computer or any other device with 
12 Internet capability by the offender's probation 
13 officer, a law enforcement officer, or assigned 
14 computer or information technology specialist, 
15 including the retrieval and copying of all data from 
16 the computer or device and any internal or external 
17 peripherals and removal of such information, 
18 equipment, or device to conduct a more thorough 
19 inspection;
20   (iii) submit to the installation on the offender's 
21 computer or device with Internet capability, at the 
22 subject's expense, of one or more hardware or software 
23 systems to monitor the Internet use; and
24   (iv) submit to any other appropriate restrictions 
25 concerning the offender's use of or access to a 
26 computer or any other device with Internet capability 
 
 
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1 imposed by the offender's probation officer; and 
2  (19) refrain from possessing a firearm or other 
3 dangerous weapon where the offense is a misdemeanor that 
4 did not involve the intentional or knowing infliction of 
5 bodily harm or threat of bodily harm. 
6 (c) The court may as a condition of probation or of 
7conditional
discharge require that a person under 18 years of 
8age found guilty of any
alcohol, cannabis or controlled 
9substance violation, refrain from acquiring
a driver's license 
10during
the period of probation or conditional discharge. If 
11such person
is in possession of a permit or license, the court 
12may require that
the minor refrain from driving or operating 
13any motor vehicle during the
period of probation or conditional 
14discharge, except as may be necessary in
the course of the 
15minor's lawful employment.


16 (d) An offender sentenced to probation or to conditional 
17discharge
shall be given a certificate setting forth the 
18conditions thereof.


19 (e) Except where the offender has committed a fourth or 
20subsequent
violation of subsection (c) of Section 6-303 of the 
21Illinois Vehicle Code,
the court shall not require as a 
22condition of the sentence of
probation or conditional discharge 
23that the offender be committed to a
period of imprisonment in 
24excess of 6 months.
This 6-month limit shall not include 
25periods of confinement given pursuant to
a sentence of county 
26impact incarceration under Section 5-8-1.2.

 
 
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1 Persons committed to imprisonment as a condition of 
2probation or
conditional discharge shall not be committed to 
3the Department of
Corrections.


4 (f) The court may combine a sentence of periodic 
5imprisonment under
Article 7 or a sentence to a county impact 
6incarceration program under
Article 8 with a sentence of 
7probation or conditional discharge.


8 (g) An offender sentenced to probation or to conditional 
9discharge and
who during the term of either undergoes mandatory 
10drug or alcohol testing,
or both, or is assigned to be placed 
11on an approved electronic monitoring
device, shall be ordered 
12to pay all costs incidental to such mandatory drug
or alcohol 
13testing, or both, and all costs
incidental to such approved 
14electronic monitoring in accordance with the
defendant's 
15ability to pay those costs. The county board with
the 
16concurrence of the Chief Judge of the judicial
circuit in which 
17the county is located shall establish reasonable fees for
the 
18cost of maintenance, testing, and incidental expenses related 
19to the
mandatory drug or alcohol testing, or both, and all 
20costs incidental to
approved electronic monitoring, involved 
21in a successful probation program
for the county. The 
22concurrence of the Chief Judge shall be in the form of
an 
23administrative order.
The fees shall be collected by the clerk 
24of the circuit court, except as provided in an administrative 
25order of the Chief Judge of the circuit court. The clerk of
the 
26circuit court shall pay all moneys collected from these fees to 
 
 
10100SB1966ham001- 129 -LRB101 09230 RLC 60716 a


1the county
treasurer who shall use the moneys collected to 
2defray the costs of
drug testing, alcohol testing, and 
3electronic monitoring.
The county treasurer shall deposit the 
4fees collected in the
county working cash fund under Section 
56-27001 or Section 6-29002 of the
Counties Code, as the case 
6may be.
The Chief Judge of the circuit court of the county may 
7by administrative order establish a program for electronic 
8monitoring of offenders, in which a vendor supplies and 
9monitors the operation of the electronic monitoring device, and 
10collects the fees on behalf of the county. The program shall 
11include provisions for indigent offenders and the collection of 
12unpaid fees. The program shall not unduly burden the offender 
13and shall be subject to review by the Chief Judge. 

14 The Chief Judge of the circuit court may suspend any 
15additional charges or fees for late payment, interest, or 
16damage to any device. 
17 (h) Jurisdiction over an offender may be transferred from 
18the
sentencing court to the court of another circuit with the 
19concurrence of
both courts. Further transfers or retransfers of

20jurisdiction are also
authorized in the same manner. The court 
21to which jurisdiction has been
transferred shall have the same 
22powers as the sentencing court.
The probation department within 
23the circuit to which jurisdiction has been transferred, or 
24which has agreed to provide supervision, may impose probation 
25fees upon receiving the transferred offender, as provided in 
26subsection (i). For all transfer cases, as defined in Section 
 
 
10100SB1966ham001- 130 -LRB101 09230 RLC 60716 a


19b of the Probation and Probation Officers Act, the probation 
2department from the original sentencing court shall retain all 
3probation fees collected prior to the transfer. After the 
4transfer,
all probation fees shall be paid to the probation 
5department within the
circuit to which jurisdiction has been 
6transferred.

7 (i) The court shall impose upon an offender
sentenced to 
8probation after January 1, 1989 or to conditional discharge

9after January 1, 1992 or to community service under the 
10supervision of a
probation or court services department after 
11January 1, 2004, as a condition of such probation or 
12conditional
discharge or supervised community service, a fee of 
13$50
for each month of probation or
conditional
discharge 
14supervision or supervised community service ordered by the 
15court, unless after
determining the inability of the person 
16sentenced to probation or conditional
discharge or supervised 
17community service to pay the
fee, the court assesses a lesser 
18fee. The court may not impose the fee on a
minor who is placed 
19in the guardianship or custody of the Department of Children 
20and Family Services under the Juvenile Court Act of 1987
while 
21the minor is in placement.
The fee shall be imposed only upon

22an offender who is actively supervised by the
probation and 
23court services
department. The fee shall be collected by the 
24clerk
of the circuit court. The clerk of the circuit court 
25shall pay all monies
collected from this fee to the county 
26treasurer for deposit in the
probation and court services fund 
 
 
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1under Section 15.1 of the
Probation and Probation Officers Act.

2 A circuit court may not impose a probation fee under this 
3subsection (i) in excess of $25
per month unless the circuit 
4court has adopted, by administrative
order issued by the chief 
5judge, a standard probation fee guide
determining an offender's 
6ability to pay Of the
amount collected as a probation fee, up 
7to $5 of that fee
collected per month may be used to provide 
8services to crime victims
and their families.
9 The Court may only waive probation fees based on an 
10offender's ability to pay. The probation department may 
11re-evaluate an offender's ability to pay every 6 months, and, 
12with the approval of the Director of Court Services or the 
13Chief Probation Officer, adjust the monthly fee amount. An 
14offender may elect to pay probation fees due in a lump sum.
Any 
15offender that has been assigned to the supervision of a 
16probation department, or has been transferred either under 
17subsection (h) of this Section or under any interstate compact, 
18shall be required to pay probation fees to the department 
19supervising the offender, based on the offender's ability to 
20pay.


21 Public Act 93-970 deletes the $10 increase in the fee under 
22this subsection that was imposed by Public Act 93-616. This 
23deletion is intended to control over any other Act of the 93rd 
24General Assembly that retains or incorporates that fee 
25increase.
26 (i-5) In addition to the fees imposed under subsection (i) 
 
 
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1of this Section, in the case of an offender convicted of a 
2felony sex offense (as defined in the Sex Offender Management 
3Board Act) or an offense that the court or probation department 
4has determined to be sexually motivated (as defined in the Sex 
5Offender Management Board Act), the court or the probation 
6department shall assess additional fees to pay for all costs of 
7treatment, assessment, evaluation for risk and treatment, and 
8monitoring the offender, based on that offender's ability to 
9pay those costs either as they occur or under a payment plan.
10 (j) All fines and costs imposed under this Section for any 
11violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
12Code, or a similar
provision of a local ordinance, and any 
13violation of the Child Passenger
Protection Act, or a similar 
14provision of a local ordinance, shall be
collected and 
15disbursed by the circuit clerk as provided under the Criminal 
16and Traffic Assessment Act.


17 (k) Any offender who is sentenced to probation or 
18conditional discharge for a felony sex offense as defined in 
19the Sex Offender Management Board Act or any offense that the 
20court or probation department has determined to be sexually 
21motivated as defined in the Sex Offender Management Board Act 
22shall be required to refrain from any contact, directly or 
23indirectly, with any persons specified by the court and shall 
24be available for all evaluations and treatment programs 
25required by the court or the probation department.

26 (l) The court may order an offender who is sentenced to 
 
 
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1probation or conditional
discharge for a violation of an order 
2of protection be placed under electronic surveillance as 
3provided in Section 5-8A-7 of this Code. 
4(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
5100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
61-8-18; 100-987, eff. 7-1-19.)

7 Section 95. No acceleration or delay. Where this Act makes 
8changes in a statute that is represented in this Act by text 
9that is not yet or no longer in effect (for example, a Section 
10represented by multiple versions), the use of that text does 
11not accelerate or delay the taking effect of (i) the changes 
12made by this Act or (ii) provisions derived from any other 
13Public Act.

14 Section 99. Effective date. This Act takes effect upon 
15becoming law.".