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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 70 as follows:
6 (430 ILCS 66/70)
7 Sec. 70. Violations.
8 (a) A license issued or renewed under this Act shall be
9revoked if, at any time, the licensee is found to be ineligible
10for a license under this Act or the licensee no longer meets
11the eligibility requirements of the Firearm Owners
12Identification Card Act.
13 (b) A license shall be suspended if an order of protection,
14including an emergency order of protection, plenary order of
15protection, or interim order of protection under Article 112A
16of the Code of Criminal Procedure of 1963 or under the Illinois
17Domestic Violence Act of 1986, is issued against a licensee for
18the duration of the order, or if the Department is made aware
19of a similar order issued against the licensee in any other
20jurisdiction. If an order of protection is issued against a
21licensee, the licensee shall surrender the license, as
22applicable, to the court at the time the order is entered or to
23the law enforcement agency or entity serving process at the

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1time the licensee is served the order. The court, law
2enforcement agency, or entity responsible for serving the order
3of protection shall notify the Department within 7 days and
4transmit the license to the Department.
5 (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9 (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14 A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19 (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. The
22Department may suspend a license for up to 6 months for a
23second violation and shall permanently revoke a license for 3
24or more violations of Section 65 of this Act. Any person
25convicted of a violation under this Section shall pay a $150
26fee to be deposited into the Mental Health Reporting Fund, plus

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1any applicable court costs or fees.
2 (f) A licensee convicted or found guilty of a violation of
3this Act who has a valid license and is otherwise eligible to
4carry a concealed firearm shall only be subject to the
5penalties under this Section and shall not be subject to the
6penalties under Section 21-6, paragraph (4), (8), or (10) of
7subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
8of paragraph (3) of subsection (a) of Section 24-1.6 of the
9Criminal Code of 2012. Except as otherwise provided in this
10subsection, nothing in this subsection prohibits the licensee
11from being subjected to penalties for violations other than
12those specified in this Act.
13 (g) A licensee whose license is revoked, suspended, or
14denied shall, within 48 hours of receiving notice of the
15revocation, suspension, or denial, surrender his or her
16concealed carry license to the local law enforcement agency
17where the person resides. The local law enforcement agency
18shall provide the licensee a receipt and transmit the concealed
19carry license to the Department of State Police. If the
20licensee whose concealed carry license has been revoked,
21suspended, or denied fails to comply with the requirements of
22this subsection, the law enforcement agency where the person
23resides may petition the circuit court to issue a warrant to
24search for and seize the concealed carry license in the
25possession and under the custody or control of the licensee
26whose concealed carry license has been revoked, suspended, or

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1denied. The observation of a concealed carry license in the
2possession of a person whose license has been revoked,
3suspended, or denied constitutes a sufficient basis for the
4arrest of that person for violation of this subsection. A
5violation of this subsection is a Class A misdemeanor.
6 (h) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found ineligible for a
8Firearm Owner's Identification Card, or the licensee no longer
9possesses a valid Firearm Owner's Identification Card. A
10licensee whose license is revoked under this subsection (h)
11shall surrender his or her concealed carry license as provided
12for in subsection (g) of this Section.
13 This subsection shall not apply to a person who has filed
14an application with the State Police for renewal of a Firearm
15Owner's Identification Card and who is not otherwise ineligible
16to obtain a Firearm Owner's Identification Card.
17 (i) A certified firearms instructor who knowingly provides
18or offers to provide a false certification that an applicant
19has completed firearms training as required under this Act is
20guilty of a Class A misdemeanor. A person guilty of a violation
21of this subsection (i) is not eligible for court supervision.
22The Department shall permanently revoke the firearms
23instructor certification of a person convicted under this
24subsection (i).
25(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)

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1 Section 10. The Unified Code of Corrections is amended by
2changing Section 5-6-1 as follows:
3 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
4 Sec. 5-6-1. Sentences of Probation and of Conditional
5Discharge and Disposition of Supervision. The General Assembly
6finds that in order to protect the public, the criminal justice
7system must compel compliance with the conditions of probation
8by responding to violations with swift, certain and fair
9punishments and intermediate sanctions. The Chief Judge of each
10circuit shall adopt a system of structured, intermediate
11sanctions for violations of the terms and conditions of a
12sentence of probation, conditional discharge or disposition of
13supervision.
14 (a) Except where specifically prohibited by other
15provisions of this Code, the court shall impose a sentence of
16probation or conditional discharge upon an offender unless,
17having regard to the nature and circumstance of the offense,
18and to the history, character and condition of the offender,
19the court is of the opinion that:
20 (1) his imprisonment or periodic imprisonment is
21 necessary for the protection of the public; or
22 (2) probation or conditional discharge would deprecate
23 the seriousness of the offender's conduct and would be
24 inconsistent with the ends of justice; or
25 (3) a combination of imprisonment with concurrent or

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1 consecutive probation when an offender has been admitted
2 into a drug court program under Section 20 of the Drug
3 Court Treatment Act is necessary for the protection of the
4 public and for the rehabilitation of the offender.
5 The court shall impose as a condition of a sentence of
6probation, conditional discharge, or supervision, that the
7probation agency may invoke any sanction from the list of
8intermediate sanctions adopted by the chief judge of the
9circuit court for violations of the terms and conditions of the
10sentence of probation, conditional discharge, or supervision,
11subject to the provisions of Section 5-6-4 of this Act.
12 (b) The court may impose a sentence of conditional
13discharge for an offense if the court is of the opinion that
14neither a sentence of imprisonment nor of periodic imprisonment
15nor of probation supervision is appropriate.
16 (b-1) Subsections (a) and (b) of this Section do not apply
17to a defendant charged with a misdemeanor or felony under the
18Illinois Vehicle Code or reckless homicide under Section 9-3 of
19the Criminal Code of 1961 or the Criminal Code of 2012 if the
20defendant within the past 12 months has been convicted of or
21pleaded guilty to a misdemeanor or felony under the Illinois
22Vehicle Code or reckless homicide under Section 9-3 of the
23Criminal Code of 1961 or the Criminal Code of 2012.
24 (c) The court may, upon a plea of guilty or a stipulation
25by the defendant of the facts supporting the charge or a
26finding of guilt, defer further proceedings and the imposition

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1of a sentence, and enter an order for supervision of the
2defendant, if the defendant is not charged with: (i) a Class A
3misdemeanor, as defined by the following provisions of the
4Criminal Code of 1961 or the Criminal Code of 2012: Sections
511-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
631-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
7paragraph (1) through (5), (8), (10), and (11) of subsection
8(a) of Section 24-1; (ii) a Class A misdemeanor violation of
9Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
10Act; or (iii) a felony. If the defendant is not barred from
11receiving an order for supervision as provided in this
12subsection, the court may enter an order for supervision after
13considering the circumstances of the offense, and the history,
14character and condition of the offender, if the court is of the
15opinion that:
16 (1) the offender is not likely to commit further
17 crimes;
18 (2) the defendant and the public would be best served
19 if the defendant were not to receive a criminal record; and
20 (3) in the best interests of justice an order of
21 supervision is more appropriate than a sentence otherwise
22 permitted under this Code.
23 (c-5) Subsections (a), (b), and (c) of this Section do not
24apply to a defendant charged with a second or subsequent
25violation of Section 6-303 of the Illinois Vehicle Code
26committed while his or her driver's license, permit or

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1privileges were revoked because of a violation of Section 9-3
2of the Criminal Code of 1961 or the Criminal Code of 2012,
3relating to the offense of reckless homicide, or a similar
4provision of a law of another state.
5 (d) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 11-501 of the Illinois
7Vehicle Code or a similar provision of a local ordinance when
8the defendant has previously been:
9 (1) convicted for a violation of Section 11-501 of the
10 Illinois Vehicle Code or a similar provision of a local
11 ordinance or any similar law or ordinance of another state;
12 or
13 (2) assigned supervision for a violation of Section
14 11-501 of the Illinois Vehicle Code or a similar provision
15 of a local ordinance or any similar law or ordinance of
16 another state; or
17 (3) pleaded guilty to or stipulated to the facts
18 supporting a charge or a finding of guilty to a violation
19 of Section 11-503 of the Illinois Vehicle Code or a similar
20 provision of a local ordinance or any similar law or
21 ordinance of another state, and the plea or stipulation was
22 the result of a plea agreement.
23 The court shall consider the statement of the prosecuting
24authority with regard to the standards set forth in this
25Section.
26 (e) The provisions of paragraph (c) shall not apply to a

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1defendant charged with violating Section 16-25 or 16A-3 of the
2Criminal Code of 1961 or the Criminal Code of 2012 if said
3defendant has within the last 5 years been:
4 (1) convicted for a violation of Section 16-25 or 16A-3
5 of the Criminal Code of 1961 or the Criminal Code of 2012;
6 or
7 (2) assigned supervision for a violation of Section
8 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
9 Code of 2012.
10 The court shall consider the statement of the prosecuting
11authority with regard to the standards set forth in this
12Section.
13 (f) The provisions of paragraph (c) shall not apply to a
14defendant charged with violating Sections 15-111, 15-112,
1515-301, paragraph (b) of Section 6-104, Section 11-605, Section
1611-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
17similar provision of a local ordinance.
18 (g) Except as otherwise provided in paragraph (i) of this
19Section, the provisions of paragraph (c) shall not apply to a
20defendant charged with violating Section 3-707, 3-708, 3-710,
21or 5-401.3 of the Illinois Vehicle Code or a similar provision
22of a local ordinance if the defendant has within the last 5
23years been:
24 (1) convicted for a violation of Section 3-707, 3-708,
25 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
26 provision of a local ordinance; or

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1 (2) assigned supervision for a violation of Section
2 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
3 Code or a similar provision of a local ordinance.
4 The court shall consider the statement of the prosecuting
5authority with regard to the standards set forth in this
6Section.
7 (h) The provisions of paragraph (c) shall not apply to a
8defendant under the age of 21 years charged with violating a
9serious traffic offense as defined in Section 1-187.001 of the
10Illinois Vehicle Code:
11 (1) unless the defendant, upon payment of the fines,
12 penalties, and costs provided by law, agrees to attend and
13 successfully complete a traffic safety program approved by
14 the court under standards set by the Conference of Chief
15 Circuit Judges. The accused shall be responsible for
16 payment of any traffic safety program fees. If the accused
17 fails to file a certificate of successful completion on or
18 before the termination date of the supervision order, the
19 supervision shall be summarily revoked and conviction
20 entered. The provisions of Supreme Court Rule 402 relating
21 to pleas of guilty do not apply in cases when a defendant
22 enters a guilty plea under this provision; or
23 (2) if the defendant has previously been sentenced
24 under the provisions of paragraph (c) on or after January
25 1, 1998 for any serious traffic offense as defined in
26 Section 1-187.001 of the Illinois Vehicle Code.

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1 (h-1) The provisions of paragraph (c) shall not apply to a
2defendant under the age of 21 years charged with an offense
3against traffic regulations governing the movement of vehicles
4or any violation of Section 6-107 or Section 12-603.1 of the
5Illinois Vehicle Code, unless the defendant, upon payment of
6the fines, penalties, and costs provided by law, agrees to
7attend and successfully complete a traffic safety program
8approved by the court under standards set by the Conference of
9Chief Circuit Judges. The accused shall be responsible for
10payment of any traffic safety program fees. If the accused
11fails to file a certificate of successful completion on or
12before the termination date of the supervision order, the
13supervision shall be summarily revoked and conviction entered.
14The provisions of Supreme Court Rule 402 relating to pleas of
15guilty do not apply in cases when a defendant enters a guilty
16plea under this provision.
17 (i) The provisions of paragraph (c) shall not apply to a
18defendant charged with violating Section 3-707 of the Illinois
19Vehicle Code or a similar provision of a local ordinance if the
20defendant has been assigned supervision for a violation of
21Section 3-707 of the Illinois Vehicle Code or a similar
22provision of a local ordinance.
23 (j) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 6-303 of the Illinois
25Vehicle Code or a similar provision of a local ordinance when
26the revocation or suspension was for a violation of Section

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111-501 or a similar provision of a local ordinance or a
2violation of Section 11-501.1 or paragraph (b) of Section
311-401 of the Illinois Vehicle Code if the defendant has within
4the last 10 years been:
5 (1) convicted for a violation of Section 6-303 of the
6 Illinois Vehicle Code or a similar provision of a local
7 ordinance; or
8 (2) assigned supervision for a violation of Section
9 6-303 of the Illinois Vehicle Code or a similar provision
10 of a local ordinance.
11 (k) The provisions of paragraph (c) shall not apply to a
12defendant charged with violating any provision of the Illinois
13Vehicle Code or a similar provision of a local ordinance that
14governs the movement of vehicles if, within the 12 months
15preceding the date of the defendant's arrest, the defendant has
16been assigned court supervision on 2 occasions for a violation
17that governs the movement of vehicles under the Illinois
18Vehicle Code or a similar provision of a local ordinance. The
19provisions of this paragraph (k) do not apply to a defendant
20charged with violating Section 11-501 of the Illinois Vehicle
21Code or a similar provision of a local ordinance.
22 (l) A defendant charged with violating any provision of the
23Illinois Vehicle Code or a similar provision of a local
24ordinance who receives a disposition of supervision under
25subsection (c) shall pay an additional fee of $29, to be
26collected as provided in Sections 27.5 and 27.6 of the Clerks

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1of Courts Act. In addition to the $29 fee, the person shall
2also pay a fee of $6, which, if not waived by the court, shall
3be collected as provided in Sections 27.5 and 27.6 of the
4Clerks of Courts Act. The $29 fee shall be disbursed as
5provided in Section 16-104c of the Illinois Vehicle Code. If
6the $6 fee is collected, $5.50 of the fee shall be deposited
7into the Circuit Court Clerk Operation and Administrative Fund
8created by the Clerk of the Circuit Court and 50 cents of the
9fee shall be deposited into the Prisoner Review Board Vehicle
10and Equipment Fund in the State treasury.
11 (m) Any person convicted of, pleading guilty to, or placed
12on supervision for a serious traffic violation, as defined in
13Section 1-187.001 of the Illinois Vehicle Code, a violation of
14Section 11-501 of the Illinois Vehicle Code, or a violation of
15a similar provision of a local ordinance shall pay an
16additional fee of $35, to be disbursed as provided in Section
1716-104d of that Code.
18 This subsection (m) becomes inoperative 7 years after
19October 13, 2007 (the effective date of Public Act 95-154).
20 (n) The provisions of paragraph (c) shall not apply to any
21person under the age of 18 who commits an offense against
22traffic regulations governing the movement of vehicles or any
23violation of Section 6-107 or Section 12-603.1 of the Illinois
24Vehicle Code, except upon personal appearance of the defendant
25in court and upon the written consent of the defendant's parent
26or legal guardian, executed before the presiding judge. The

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1presiding judge shall have the authority to waive this
2requirement upon the showing of good cause by the defendant.
3 (o) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 6-303 of the Illinois
5Vehicle Code or a similar provision of a local ordinance when
6the suspension was for a violation of Section 11-501.1 of the
7Illinois Vehicle Code and when:
8 (1) at the time of the violation of Section 11-501.1 of
9 the Illinois Vehicle Code, the defendant was a first
10 offender pursuant to Section 11-500 of the Illinois Vehicle
11 Code and the defendant failed to obtain a monitoring device
12 driving permit; or
13 (2) at the time of the violation of Section 11-501.1 of
14 the Illinois Vehicle Code, the defendant was a first
15 offender pursuant to Section 11-500 of the Illinois Vehicle
16 Code, had subsequently obtained a monitoring device
17 driving permit, but was driving a vehicle not equipped with
18 a breath alcohol ignition interlock device as defined in
19 Section 1-129.1 of the Illinois Vehicle Code.
20 (p) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Section 11-601.5 of the
22Illinois Vehicle Code or a similar provision of a local
23ordinance.
24 (q) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating subsection (b) of Section
2611-601 of the Illinois Vehicle Code when the defendant was

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1operating a vehicle, in an urban district, at a speed in excess
2of 25 miles per hour over the posted speed limit.
3 (r) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating any provision of the Illinois
5Vehicle Code or a similar provision of a local ordinance if the
6violation was the proximate cause of the death of another and
7the defendant's driving abstract contains a prior conviction or
8disposition of court supervision for any violation of the
9Illinois Vehicle Code, other than an equipment violation, or a
10suspension, revocation, or cancellation of the driver's
11license.
12 (s) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating subsection (i) of Section 70
14of the Firearm Concealed Carry Act.
15(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
1697-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
171-25-13; 98-169, eff. 1-1-14.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.