99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1640

Introduced 2/20/2015, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
LRB099 02653 RLC 22659 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1640LRB099 02653 RLC 22659 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions Exemptions. To the extent
8provided for by the statutes referenced below, the following
9shall be exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

SB1640- 2 -LRB099 02653 RLC 22659 b
1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by wireless
25 carriers under the Wireless Emergency Telephone Safety
26 Act.

SB1640- 3 -LRB099 02653 RLC 22659 b
1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the Capital
16 Crimes Litigation Act. This subsection (n) shall apply
17 until the conclusion of the trial of the case, even if the
18 prosecution chooses not to pursue the death penalty prior
19 to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Regional Transportation Authority under Section 2.11 of

SB1640- 4 -LRB099 02653 RLC 22659 b
1 the Regional Transportation Authority Act or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act.
4 (q) Information prohibited from being disclosed by the
5 Personnel Records Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) All identified or deidentified health information
11 in the form of health data or medical records contained in,
12 stored in, submitted to, transferred by, or released from
13 the Illinois Health Information Exchange, and identified
14 or deidentified health information in the form of health
15 data and medical records of the Illinois Health Information
16 Exchange in the possession of the Illinois Health
17 Information Exchange Authority due to its administration
18 of the Illinois Health Information Exchange. The terms
19 "identified" and "deidentified" shall be given the same
20 meaning as in the Health Insurance Accountability and
21 Portability Act of 1996, Public Law 104-191, or any
22 subsequent amendments thereto, and any regulations
23 promulgated thereunder.
24 (u) Records and information provided to an independent
25 team of experts under Brian's Law.
26 (v) Names and information of people who have applied

SB1640- 5 -LRB099 02653 RLC 22659 b
1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act before the
3 effective date of this amendatory Act of the 99th General
4 Assembly or applied for or received a concealed carry
5 license under the Firearm Concealed Carry Act, unless
6 otherwise authorized by the Firearm Concealed Carry Act;
7 and databases under the Firearm Concealed Carry Act,
8 records of the Concealed Carry Licensing Review Board under
9 the Firearm Concealed Carry Act, and law enforcement agency
10 objections under the Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of an
23 eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

SB1640- 6 -LRB099 02653 RLC 22659 b
1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
6eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
7eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
8eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
9 Section 10. The Department of State Police Law of the Civil
10Administrative Code of Illinois is amended by changing Sections
112605-45, 2605-300, and 2605-595 as follows:
12 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
13 Sec. 2605-45. Division of Administration. The Division of
14Administration shall exercise the following functions:
15 (1) Exercise the rights, powers, and duties vested in
16 the Department by the Governor's Office of Management and
17 Budget Act.
18 (2) Pursue research and the publication of studies
19 pertaining to local law enforcement activities.
20 (3) Exercise the rights, powers, and duties vested in
21 the Department by the Personnel Code.
22 (4) Operate an electronic data processing and computer
23 center for the storage and retrieval of data pertaining to
24 criminal activity.

SB1640- 7 -LRB099 02653 RLC 22659 b
1 (5) Exercise the rights, powers, and duties vested in
2 the former Division of State Troopers by Section 17 of the
3 State Police Act.
4 (6) Exercise the rights, powers, and duties vested in
5 the Department by "An Act relating to internal auditing in
6 State government", approved August 11, 1967 (repealed; now
7 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
8 (6.5) (Blank). Exercise the rights, powers, and duties
9 vested in the Department by the Firearm Owners
10 Identification Card Act.
11 (7) Exercise other duties that may be assigned by the
12 Director to fulfill the responsibilities and achieve the
13 purposes of the Department.
14(Source: P.A. 94-793, eff. 5-19-06.)
15 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
16 Sec. 2605-300. Records; crime laboratories; personnel. To
17do the following:
18 (1) Be a central repository and custodian of criminal
19 statistics for the State.
20 (2) Be a central repository for criminal history record
21 information.
22 (3) Procure and file for record information that is
23 necessary and helpful to plan programs of crime prevention,
24 law enforcement, and criminal justice.
25 (4) Procure and file for record copies of fingerprints

SB1640- 8 -LRB099 02653 RLC 22659 b
1 that may be required by law.
2 (5) Establish general and field crime laboratories.
3 (6) Register and file for record information that may
4 be required by law for the issuance of firearm owner's
5 identification cards under the Firearm Owners
6 Identification Card Act and concealed carry licenses under
7 the Firearm Concealed Carry Act.
8 (7) Employ polygraph operators, laboratory
9 technicians, and other specially qualified persons to aid
10 in the identification of criminal activity.
11 (8) Undertake other identification, information,
12 laboratory, statistical, or registration activities that
13 may be required by law.
14(Source: P.A. 98-63, eff. 7-9-13.)
15 (20 ILCS 2605/2605-595)
16 Sec. 2605-595. State Police Firearm Services Fund.
17 (a) There is created in the State treasury a special fund
18known as the State Police Firearm Services Fund. The Fund shall
19receive revenue under the Firearm Concealed Carry Act and
20Section 5 of the Firearm Owners Identification Card Act. The
21Fund may also receive revenue from grants, pass-through grants,
22donations, appropriations, and any other legal source.
23 (b) The Department of State Police may use moneys in the
24Fund to finance any of its lawful purposes, mandates,
25functions, and duties under the Firearm Owners Identification

SB1640- 9 -LRB099 02653 RLC 22659 b
1Card Act and the Firearm Concealed Carry Act, including the
2cost of sending notices of expiration of Firearm Owner's
3Identification Cards, concealed carry licenses, the prompt and
4efficient processing of applications under the Firearm Owners
5Identification Card Act and the Firearm Concealed Carry Act,
6the improved efficiency and reporting of the LEADS and federal
7NICS law enforcement data systems, and support for
8investigations required under that Act these Acts and law. Any
9surplus funds beyond what is needed to comply with the
10aforementioned purposes shall be used by the Department to
11improve the Law Enforcement Agencies Data System (LEADS) and
12criminal history background check system.
13 (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
17 (20 ILCS 2605/2605-120 rep.)
18 Section 15. The Department of State Police Law of the Civil
19Administrative Code of Illinois is amended by repealing Section
202605-120.
21 Section 20. The Criminal Identification Act is amended by
22changing Section 2.2 as follows:
23 (20 ILCS 2630/2.2)

SB1640- 10 -LRB099 02653 RLC 22659 b
1 Sec. 2.2. Notification to the Department. Upon judgment of
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
4Code of 2012 when the defendant has been determined, pursuant
5to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
6to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
7circuit court clerk shall include notification and a copy of
8the written determination in a report of the conviction to the
9Department of State Police Firearm Owner's Identification Card
10Office to enable the Department office to perform its duties
11under the Firearm Concealed Carry Act and Sections 4 and 8 of
12the Firearm Owners Identification Card Act and to report that
13determination to the Federal Bureau of Investigation to assist
14the Federal Bureau of Investigation in identifying persons
15prohibited from purchasing and possessing a firearm pursuant to
16the provisions of 18 U.S.C. 922. The written determination
17described in this Section shall be included in the defendant's
18record of arrest and conviction in the manner and form
19prescribed by the Department of State Police.
20(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
21 Section 25. The State Finance Act is amended by changing
22Section 6z-99 as follows:
23 (30 ILCS 105/6z-99)
24 Sec. 6z-99. The Mental Health Reporting Fund.

SB1640- 11 -LRB099 02653 RLC 22659 b
1 (a) There is created in the State treasury a special fund
2known as the Mental Health Reporting Fund. The Fund shall
3receive revenue under the Firearm Concealed Carry Act. The Fund
4may also receive revenue from grants, pass-through grants,
5donations, appropriations, and any other legal source.
6 (b) The Department of State Police and Department of Human
7Services shall coordinate to use moneys in the Fund to finance
8their respective duties of collecting and reporting data on
9mental health records and ensuring that mental health firearm
10possession prohibitors are enforced as set forth under the
11Firearm Concealed Carry Act and the Firearm Owners
12Identification Card Act. Any surplus in the Fund beyond what is
13necessary to ensure compliance with mental health reporting
14under that Act these Acts shall be used by the Department of
15Human Services for mental health treatment programs.
16 (c) Investment income that is attributable to the
17investment of moneys in the Fund shall be retained in the Fund
18for the uses specified in this Section.
19(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
20 Section 30. The Peace Officer Firearm Training Act is
21amended by changing Section 1 as follows:
22 (50 ILCS 710/1) (from Ch. 85, par. 515)
23 Sec. 1. Definitions. As used in this Act:
24 (a) "Peace officer" means (i) any person who by virtue of

SB1640- 12 -LRB099 02653 RLC 22659 b
1his office or public employment is vested by law with a primary
2duty to maintain public order or to make arrests for offenses,
3whether that duty extends to all offenses or is limited to
4specific offenses, and who is employed in such capacity by any
5county or municipality or (ii) any retired law enforcement
6officers qualified under federal law to carry a concealed
7weapon.
8 (a-5) "Probation officer" means a county probation officer
9authorized by the Chief Judge of the Circuit Court to carry a
10firearm as part of his or her duties under Section 12 of the
11Probation and Probation Officers Act and Section 24-2 of the
12Criminal Code of 2012.
13 (b) "Firearms" means any weapon or device defined as a
14firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
15"An Act relating to the acquisition, possession and transfer of
16firearms and firearm ammunition, to provide a penalty for the
17violation thereof and to make an appropriation in connection
18therewith", approved August 3, 1967, as amended.
19(Source: P.A. 98-725, eff. 1-1-15.)
20 Section 35. The School Code is amended by changing Sections
2110-22.6, 10-27.1A and 34-8.05 as follows:
22 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
23 Sec. 10-22.6. Suspension or expulsion of pupils; school
24searches.

SB1640- 13 -LRB099 02653 RLC 22659 b
1 (a) To expel pupils guilty of gross disobedience or
2misconduct, including gross disobedience or misconduct
3perpetuated by electronic means, and no action shall lie
4against them for such expulsion. Expulsion shall take place
5only after the parents have been requested to appear at a
6meeting of the board, or with a hearing officer appointed by
7it, to discuss their child's behavior. Such request shall be
8made by registered or certified mail and shall state the time,
9place and purpose of the meeting. The board, or a hearing
10officer appointed by it, at such meeting shall state the
11reasons for dismissal and the date on which the expulsion is to
12become effective. If a hearing officer is appointed by the
13board he shall report to the board a written summary of the
14evidence heard at the meeting and the board may take such
15action thereon as it finds appropriate. An expelled pupil may
16be immediately transferred to an alternative program in the
17manner provided in Article 13A or 13B of this Code. A pupil
18must not be denied transfer because of the expulsion, except in
19cases in which such transfer is deemed to cause a threat to the
20safety of students or staff in the alternative program.
21 (b) To suspend or by policy to authorize the superintendent
22of the district or the principal, assistant principal, or dean
23of students of any school to suspend pupils guilty of gross
24disobedience or misconduct, or to suspend pupils guilty of
25gross disobedience or misconduct on the school bus from riding
26the school bus, and no action shall lie against them for such

SB1640- 14 -LRB099 02653 RLC 22659 b
1suspension. The board may by policy authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend pupils
4guilty of such acts for a period not to exceed 10 school days.
5If a pupil is suspended due to gross disobedience or misconduct
6on a school bus, the board may suspend the pupil in excess of
710 school days for safety reasons. Any suspension shall be
8reported immediately to the parents or guardian of such pupil
9along with a full statement of the reasons for such suspension
10and a notice of their right to a review. The school board must
11be given a summary of the notice, including the reason for the
12suspension and the suspension length. Upon request of the
13parents or guardian the school board or a hearing officer
14appointed by it shall review such action of the superintendent
15or principal, assistant principal, or dean of students. At such
16review the parents or guardian of the pupil may appear and
17discuss the suspension with the board or its hearing officer.
18If a hearing officer is appointed by the board he shall report
19to the board a written summary of the evidence heard at the
20meeting. After its hearing or upon receipt of the written
21report of its hearing officer, the board may take such action
22as it finds appropriate. A pupil who is suspended in excess of
2320 school days may be immediately transferred to an alternative
24program in the manner provided in Article 13A or 13B of this
25Code. A pupil must not be denied transfer because of the
26suspension, except in cases in which such transfer is deemed to

SB1640- 15 -LRB099 02653 RLC 22659 b
1cause a threat to the safety of students or staff in the
2alternative program.
3 (c) The Department of Human Services shall be invited to
4send a representative to consult with the board at such meeting
5whenever there is evidence that mental illness may be the cause
6for expulsion or suspension.
7 (d) The board may expel a student for a definite period of
8time not to exceed 2 calendar years, as determined on a case by
9case basis. A student who is determined to have brought one of
10the following objects to school, any school-sponsored activity
11or event, or any activity or event that bears a reasonable
12relationship to school shall be expelled for a period of not
13less than one year:
14 (1) A firearm. For the purposes of this Section,
15 "firearm" means any gun, rifle, shotgun, weapon as defined
16 by Section 921 of Title 18 of the United States Code,
17 firearm as defined in Section 2-7.5 1.1 of the Firearm
18 Owners Identification Card Act, or firearm as defined in
19 Section 24-1 of the Criminal Code of 2012. The expulsion
20 period under this subdivision (1) may be modified by the
21 superintendent, and the superintendent's determination may
22 be modified by the board on a case-by-case basis.
23 (2) A knife, brass knuckles or other knuckle weapon
24 regardless of its composition, a billy club, or any other
25 object if used or attempted to be used to cause bodily
26 harm, including "look alikes" of any firearm as defined in

SB1640- 16 -LRB099 02653 RLC 22659 b
1 subdivision (1) of this subsection (d). The expulsion
2 requirement under this subdivision (2) may be modified by
3 the superintendent, and the superintendent's determination
4 may be modified by the board on a case-by-case basis.
5Expulsion or suspension shall be construed in a manner
6consistent with the Federal Individuals with Disabilities
7Education Act. A student who is subject to suspension or
8expulsion as provided in this Section may be eligible for a
9transfer to an alternative school program in accordance with
10Article 13A of the School Code. The provisions of this
11subsection (d) apply in all school districts, including special
12charter districts and districts organized under Article 34.
13 (d-5) The board may suspend or by regulation authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend a
16student for a period not to exceed 10 school days or may expel
17a student for a definite period of time not to exceed 2
18calendar years, as determined on a case by case basis, if (i)
19that student has been determined to have made an explicit
20threat on an Internet website against a school employee, a
21student, or any school-related personnel, (ii) the Internet
22website through which the threat was made is a site that was
23accessible within the school at the time the threat was made or
24was available to third parties who worked or studied within the
25school grounds at the time the threat was made, and (iii) the
26threat could be reasonably interpreted as threatening to the

SB1640- 17 -LRB099 02653 RLC 22659 b
1safety and security of the threatened individual because of his
2or her duties or employment status or status as a student
3inside the school. The provisions of this subsection (d-5)
4apply in all school districts, including special charter
5districts and districts organized under Article 34 of this
6Code.
7 (e) To maintain order and security in the schools, school
8authorities may inspect and search places and areas such as
9lockers, desks, parking lots, and other school property and
10equipment owned or controlled by the school, as well as
11personal effects left in those places and areas by students,
12without notice to or the consent of the student, and without a
13search warrant. As a matter of public policy, the General
14Assembly finds that students have no reasonable expectation of
15privacy in these places and areas or in their personal effects
16left in these places and areas. School authorities may request
17the assistance of law enforcement officials for the purpose of
18conducting inspections and searches of lockers, desks, parking
19lots, and other school property and equipment owned or
20controlled by the school for illegal drugs, weapons, or other
21illegal or dangerous substances or materials, including
22searches conducted through the use of specially trained dogs.
23If a search conducted in accordance with this Section produces
24evidence that the student has violated or is violating either
25the law, local ordinance, or the school's policies or rules,
26such evidence may be seized by school authorities, and

SB1640- 18 -LRB099 02653 RLC 22659 b
1disciplinary action may be taken. School authorities may also
2turn over such evidence to law enforcement authorities. The
3provisions of this subsection (e) apply in all school
4districts, including special charter districts and districts
5organized under Article 34.
6 (f) Suspension or expulsion may include suspension or
7expulsion from school and all school activities and a
8prohibition from being present on school grounds.
9 (g) A school district may adopt a policy providing that if
10a student is suspended or expelled for any reason from any
11public or private school in this or any other state, the
12student must complete the entire term of the suspension or
13expulsion in an alternative school program under Article 13A of
14this Code or an alternative learning opportunities program
15under Article 13B of this Code before being admitted into the
16school district if there is no threat to the safety of students
17or staff in the alternative program. This subsection (g)
18applies to all school districts, including special charter
19districts and districts organized under Article 34 of this
20Code.
21(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
2297-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
2397-1150, eff. 1-25-13.)
24 (105 ILCS 5/10-27.1A)
25 Sec. 10-27.1A. Firearms in schools.

SB1640- 19 -LRB099 02653 RLC 22659 b
1 (a) All school officials, including teachers, guidance
2counselors, and support staff, shall immediately notify the
3office of the principal in the event that they observe any
4person in possession of a firearm on school grounds; provided
5that taking such immediate action to notify the office of the
6principal would not immediately endanger the health, safety, or
7welfare of students who are under the direct supervision of the
8school official or the school official. If the health, safety,
9or welfare of students under the direct supervision of the
10school official or of the school official is immediately
11endangered, the school official shall notify the office of the
12principal as soon as the students under his or her supervision
13and he or she are no longer under immediate danger. A report is
14not required by this Section when the school official knows
15that the person in possession of the firearm is a law
16enforcement official engaged in the conduct of his or her
17official duties. Any school official acting in good faith who
18makes such a report under this Section shall have immunity from
19any civil or criminal liability that might otherwise be
20incurred as a result of making the report. The identity of the
21school official making such report shall not be disclosed
22except as expressly and specifically authorized by law.
23Knowingly and willfully failing to comply with this Section is
24a petty offense. A second or subsequent offense is a Class C
25misdemeanor.
26 (b) Upon receiving a report from any school official

SB1640- 20 -LRB099 02653 RLC 22659 b
1pursuant to this Section, or from any other person, the
2principal or his or her designee shall immediately notify a
3local law enforcement agency. If the person found to be in
4possession of a firearm on school grounds is a student, the
5principal or his or her designee shall also immediately notify
6that student's parent or guardian. Any principal or his or her
7designee acting in good faith who makes such reports under this
8Section shall have immunity from any civil or criminal
9liability that might otherwise be incurred or imposed as a
10result of making the reports. Knowingly and willfully failing
11to comply with this Section is a petty offense. A second or
12subsequent offense is a Class C misdemeanor. If the person
13found to be in possession of the firearm on school grounds is a
14minor, the law enforcement agency shall detain that minor until
15such time as the agency makes a determination pursuant to
16clause (a) of subsection (1) of Section 5-401 of the Juvenile
17Court Act of 1987, as to whether the agency reasonably believes
18that the minor is delinquent. If the law enforcement agency
19determines that probable cause exists to believe that the minor
20committed a violation of item (4) of subsection (a) of Section
2124-1 of the Criminal Code of 2012 while on school grounds, the
22agency shall detain the minor for processing pursuant to
23Section 5-407 of the Juvenile Court Act of 1987.
24 (c) On or after January 1, 1997, upon receipt of any
25written, electronic, or verbal report from any school personnel
26regarding a verified incident involving a firearm in a school

SB1640- 21 -LRB099 02653 RLC 22659 b
1or on school owned or leased property, including any conveyance
2owned, leased, or used by the school for the transport of
3students or school personnel, the superintendent or his or her
4designee shall report all such firearm-related incidents
5occurring in a school or on school property to the local law
6enforcement authorities immediately and to the Department of
7State Police in a form, manner, and frequency as prescribed by
8the Department of State Police.
9 The State Board of Education shall receive an annual
10statistical compilation and related data associated with
11incidents involving firearms in schools from the Department of
12State Police. The State Board of Education shall compile this
13information by school district and make it available to the
14public.
15 (d) As used in this Section, the term "firearm" shall have
16the meaning ascribed to it in Section 2-7.5 of the Criminal
17Code of 2012 1.1 of the Firearm Owners Identification Card Act.
18 As used in this Section, the term "school" means any public
19or private elementary or secondary school.
20 As used in this Section, the term "school grounds" includes
21the real property comprising any school, any conveyance owned,
22leased, or contracted by a school to transport students to or
23from school or a school-related activity, or any public way
24within 1,000 feet of the real property comprising any school.
25(Source: P.A. 97-1150, eff. 1-25-13.)

SB1640- 22 -LRB099 02653 RLC 22659 b
1 (105 ILCS 5/34-8.05)
2 Sec. 34-8.05. Reporting firearms in schools. On or after
3January 1, 1997, upon receipt of any written, electronic, or
4verbal report from any school personnel regarding a verified
5incident involving a firearm in a school or on school owned or
6leased property, including any conveyance owned, leased, or
7used by the school for the transport of students or school
8personnel, the general superintendent or his or her designee
9shall report all such firearm-related incidents occurring in a
10school or on school property to the local law enforcement
11authorities no later than 24 hours after the occurrence of the
12incident and to the Department of State Police in a form,
13manner, and frequency as prescribed by the Department of State
14Police.
15 The State Board of Education shall receive an annual
16statistical compilation and related data associated with
17incidents involving firearms in schools from the Department of
18State Police. As used in this Section, the term "firearm" shall
19have the meaning ascribed to it in Section 2-7.5 of the
20Criminal Code of 2012 1.1 of the Firearm Owners Identification
21Card Act.
22(Source: P.A. 89-498, eff. 6-27-96.)
23 Section 40. The Illinois Explosives Act is amended by
24changing Section 2005 as follows:

SB1640- 23 -LRB099 02653 RLC 22659 b
1 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
2 Sec. 2005. Qualifications for licensure.
3 (a) No person shall qualify to hold a license who:
4 (1) is under 21 years of age;
5 (2) has been convicted in any court of a crime
6 punishable by imprisonment for a term exceeding one year;
7 (3) is under indictment for a crime punishable by
8 imprisonment for a term exceeding one year;
9 (4) is a fugitive from justice;
10 (5) is an unlawful user of or addicted to any
11 controlled substance as defined in Section 102 of the
12 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
13 seq.);
14 (6) has been adjudicated a mentally disabled person as
15 defined in Section 6-103.1 of the Mental Health and
16 Developmental Disabilities Code 1.1 of the Firearm Owners
17 Identification Card Act; or
18 (7) is not a legal citizen of the United States.
19 (b) A person who has been granted a "relief from
20disabilities" regarding criminal convictions and indictments,
21pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
22845) may receive a license provided all other qualifications
23under this Act are met.
24(Source: P.A. 98-63, eff. 7-9-13.)
25 Section 45. The Private Detective, Private Alarm, Private

SB1640- 24 -LRB099 02653 RLC 22659 b
1Security, and Locksmith Act of 2004 is amended by changing
2Sections 35-30 and 35-35 as follows:
3 (225 ILCS 447/35-30)
4 (Section scheduled to be repealed on January 1, 2024)
5 Sec. 35-30. Employee requirements. All employees of a
6licensed agency, other than those exempted, shall apply for a
7permanent employee registration card. The holder of an agency
8license issued under this Act, known in this Section as
9"employer", may employ in the conduct of his or her business
10employees under the following provisions:
11 (a) No person shall be issued a permanent employee
12registration card who:
13 (1) Is younger than 18 years of age.
14 (2) Is younger than 21 years of age if the services
15 will include being armed.
16 (3) Has been determined by the Department to be unfit
17 by reason of conviction of an offense in this or another
18 state, including registration as a sex offender, but not
19 including a traffic offense. Persons convicted of felonies
20 involving bodily harm, weapons, violence, or theft within
21 the previous 10 years shall be presumed to be unfit for
22 registration. The Department shall adopt rules for making
23 those determinations that shall afford the applicant due
24 process of law.
25 (4) Has had a license or permanent employee

SB1640- 25 -LRB099 02653 RLC 22659 b
1 registration card denied, suspended, or revoked under this
2 Act (i) within one year before the date the person's
3 application for permanent employee registration card is
4 received by the Department; and (ii) that refusal, denial,
5 suspension, or revocation was based on any provision of
6 this Act other than Section 40-50, item (6) or (8) of
7 subsection (a) of Section 15-10, subsection (b) of Section
8 15-10, item (6) or (8) of subsection (a) of Section 20-10,
9 subsection (b) of Section 20-10, item (6) or (8) of
10 subsection (a) of Section 25-10, subsection (b) of Section
11 25-10, item (7) of subsection (a) of Section 30-10,
12 subsection (b) of Section 30-10, or Section 10-40.
13 (5) Has been declared incompetent by any court of
14 competent jurisdiction by reason of mental disease or
15 defect and has not been restored.
16 (6) Has been dishonorably discharged from the armed
17 services of the United States.
18 (b) No person may be employed by a private detective
19agency, private security contractor agency, private alarm
20contractor agency, fingerprint vendor agency, or locksmith
21agency under this Section until he or she has executed and
22furnished to the employer, on forms furnished by the
23Department, a verified statement to be known as "Employee's
24Statement" setting forth:
25 (1) The person's full name, age, and residence address.
26 (2) The business or occupation engaged in for the 5

SB1640- 26 -LRB099 02653 RLC 22659 b
1 years immediately before the date of the execution of the
2 statement, the place where the business or occupation was
3 engaged in, and the names of employers, if any.
4 (3) That the person has not had a license or employee
5 registration denied, revoked, or suspended under this Act
6 (i) within one year before the date the person's
7 application for permanent employee registration card is
8 received by the Department; and (ii) that refusal, denial,
9 suspension, or revocation was based on any provision of
10 this Act other than Section 40-50, item (6) or (8) of
11 subsection (a) of Section 15-10, subsection (b) of Section
12 15-10, item (6) or (8) of subsection (a) of Section 20-10,
13 subsection (b) of Section 20-10, item (6) or (8) of
14 subsection (a) of Section 25-10, subsection (b) of Section
15 25-10, item (7) of subsection (a) of Section 30-10,
16 subsection (b) of Section 30-10, or Section 10-40.
17 (4) Any conviction of a felony or misdemeanor.
18 (5) Any declaration of incompetence by a court of
19 competent jurisdiction that has not been restored.
20 (6) Any dishonorable discharge from the armed services
21 of the United States.
22 (7) Any other information as may be required by any
23 rule of the Department to show the good character,
24 competency, and integrity of the person executing the
25 statement.
26 (c) Each applicant for a permanent employee registration

SB1640- 27 -LRB099 02653 RLC 22659 b
1card shall have his or her fingerprints submitted to the
2Department of State Police in an electronic format that
3complies with the form and manner for requesting and furnishing
4criminal history record information as prescribed by the
5Department of State Police. These fingerprints shall be checked
6against the Department of State Police and Federal Bureau of
7Investigation criminal history record databases now and
8hereafter filed. The Department of State Police shall charge
9applicants a fee for conducting the criminal history records
10check, which shall be deposited in the State Police Services
11Fund and shall not exceed the actual cost of the records check.
12The Department of State Police shall furnish, pursuant to
13positive identification, records of Illinois convictions to
14the Department. The Department may require applicants to pay a
15separate fingerprinting fee, either to the Department or
16directly to the vendor. The Department, in its discretion, may
17allow an applicant who does not have reasonable access to a
18designated vendor to provide his or her fingerprints in an
19alternative manner. The Department, in its discretion, may also
20use other procedures in performing or obtaining criminal
21background checks of applicants. Instead of submitting his or
22her fingerprints, an individual may submit proof that is
23satisfactory to the Department that an equivalent security
24clearance has been conducted. Also, an individual who has
25retired as a peace officer within 12 months of application may
26submit verification, on forms provided by the Department and

SB1640- 28 -LRB099 02653 RLC 22659 b
1signed by his or her employer, of his or her previous full-time
2employment as a peace officer.
3 (d) The Department shall issue a permanent employee
4registration card, in a form the Department prescribes, to all
5qualified applicants. The holder of a permanent employee
6registration card shall carry the card at all times while
7actually engaged in the performance of the duties of his or her
8employment. Expiration and requirements for renewal of
9permanent employee registration cards shall be established by
10rule of the Department. Possession of a permanent employee
11registration card does not in any way imply that the holder of
12the card is employed by an agency unless the permanent employee
13registration card is accompanied by the employee
14identification card required by subsection (f) of this Section.
15 (e) Each employer shall maintain a record of each employee
16that is accessible to the duly authorized representatives of
17the Department. The record shall contain the following
18information:
19 (1) A photograph taken within 10 days of the date that
20 the employee begins employment with the employer. The
21 photograph shall be replaced with a current photograph
22 every 3 calendar years.
23 (2) The Employee's Statement specified in subsection
24 (b) of this Section.
25 (3) All correspondence or documents relating to the
26 character and integrity of the employee received by the

SB1640- 29 -LRB099 02653 RLC 22659 b
1 employer from any official source or law enforcement
2 agency.
3 (4) In the case of former employees, the employee
4 identification card of that person issued under subsection
5 (f) of this Section. Each employee record shall duly note
6 if the employee is employed in an armed capacity. Armed
7 employee files shall contain a copy of an active firearm
8 owner's identification card and a copy of an active firearm
9 control card. Each employer shall maintain a record for
10 each armed employee of each instance in which the
11 employee's weapon was discharged during the course of his
12 or her professional duties or activities. The record shall
13 be maintained on forms provided by the Department, a copy
14 of which must be filed with the Department within 15 days
15 of an instance. The record shall include the date and time
16 of the occurrence, the circumstances involved in the
17 occurrence, and any other information as the Department may
18 require. Failure to provide this information to the
19 Department or failure to maintain the record as a part of
20 each armed employee's permanent file is grounds for
21 disciplinary action. The Department, upon receipt of a
22 report, shall have the authority to make any investigation
23 it considers appropriate into any occurrence in which an
24 employee's weapon was discharged and to take disciplinary
25 action as may be appropriate.
26 (5) A copy of the employee's permanent employee

SB1640- 30 -LRB099 02653 RLC 22659 b
1 registration card or a copy of the Department's "License
2 Lookup" Webpage showing that the employee has been issued a
3 valid permanent employee registration card by the
4 Department.
5 The Department may, by rule, prescribe further record
6requirements.
7 (f) Every employer shall furnish an employee
8identification card to each of his or her employees. This
9employee identification card shall contain a recent photograph
10of the employee, the employee's name, the name and agency
11license number of the employer, the employee's personal
12description, the signature of the employer, the signature of
13that employee, the date of issuance, and an employee
14identification card number.
15 (g) No employer may issue an employee identification card
16to any person who is not employed by the employer in accordance
17with this Section or falsely state or represent that a person
18is or has been in his or her employ. It is unlawful for an
19applicant for registered employment to file with the Department
20the fingerprints of a person other than himself or herself.
21 (h) Every employer shall obtain the identification card of
22every employee who terminates employment with him or her.
23 (i) Every employer shall maintain a separate roster of the
24names of all employees currently working in an armed capacity
25and submit the roster to the Department on request.
26 (j) No agency may employ any person to perform a licensed

SB1640- 31 -LRB099 02653 RLC 22659 b
1activity under this Act unless the person possesses a valid
2permanent employee registration card or a valid license under
3this Act, or is exempt pursuant to subsection (n).
4 (k) Notwithstanding the provisions of subsection (j), an
5agency may employ a person in a temporary capacity if all of
6the following conditions are met:
7 (1) The agency completes in its entirety and submits to
8 the Department an application for a permanent employee
9 registration card, including the required fingerprint
10 receipt and fees.
11 (2) The agency has verification from the Department
12 that the applicant has no record of any criminal conviction
13 pursuant to the criminal history check conducted by the
14 Department of State Police. The agency shall maintain the
15 verification of the results of the Department of State
16 Police criminal history check as part of the employee
17 record as required under subsection (e) of this Section.
18 (3) The agency exercises due diligence to ensure that
19 the person is qualified under the requirements of the Act
20 to be issued a permanent employee registration card.
21 (4) The agency maintains a separate roster of the names
22 of all employees whose applications are currently pending
23 with the Department and submits the roster to the
24 Department on a monthly basis. Rosters are to be maintained
25 by the agency for a period of at least 24 months.
26 An agency may employ only a permanent employee applicant

SB1640- 32 -LRB099 02653 RLC 22659 b
1for which it either submitted a permanent employee application
2and all required forms and fees or it confirms with the
3Department that a permanent employee application and all
4required forms and fees have been submitted by another agency,
5licensee or the permanent employee and all other requirements
6of this Section are met.
7 The Department shall have the authority to revoke, without
8a hearing, the temporary authority of an individual to work
9upon receipt of Federal Bureau of Investigation fingerprint
10data or a report of another official authority indicating a
11criminal conviction. If the Department has not received a
12temporary employee's Federal Bureau of Investigation
13fingerprint data within 120 days of the date the Department
14received the Department of State Police fingerprint data, the
15Department may, at its discretion, revoke the employee's
16temporary authority to work with 15 days written notice to the
17individual and the employing agency.
18 An agency may not employ a person in a temporary capacity
19if it knows or reasonably should have known that the person has
20been convicted of a crime under the laws of this State, has
21been convicted in another state of any crime that is a crime
22under the laws of this State, has been convicted of any crime
23in a federal court, or has been posted as an unapproved
24applicant by the Department. Notice by the Department to the
25agency, via certified mail, personal delivery, electronic
26mail, or posting on the Department's Internet site accessible

SB1640- 33 -LRB099 02653 RLC 22659 b
1to the agency that the person has been convicted of a crime
2shall be deemed constructive knowledge of the conviction on the
3part of the agency. The Department may adopt rules to implement
4this subsection (k).
5 (l) No person may be employed under this Section in any
6capacity if:
7 (1) the person, while so employed, is being paid by the
8 United States or any political subdivision for the time so
9 employed in addition to any payments he or she may receive
10 from the employer; or
11 (2) the person wears any portion of his or her official
12 uniform, emblem of authority, or equipment while so
13 employed.
14 (m) If information is discovered affecting the
15registration of a person whose fingerprints were submitted
16under this Section, the Department shall so notify the agency
17that submitted the fingerprints on behalf of that person.
18 (n) Peace officers shall be exempt from the requirements of
19this Section relating to permanent employee registration
20cards. The agency shall remain responsible for any peace
21officer employed under this exemption, regardless of whether
22the peace officer is compensated as an employee or as an
23independent contractor and as further defined by rule.
24 (o) Persons who have no access to confidential or security
25information, who do not go to a client's or prospective
26client's residence or place of business, and who otherwise do

SB1640- 34 -LRB099 02653 RLC 22659 b
1not provide traditional security services are exempt from
2employee registration. Examples of exempt employees include,
3but are not limited to, employees working in the capacity of
4ushers, directors, ticket takers, cashiers, drivers, and
5reception personnel. Confidential or security information is
6that which pertains to employee files, scheduling, client
7contracts, or technical security and alarm data.
8 (p) An applicant who is 21 years of age or older seeking a
9religious exemption to the photograph requirement of this
10Section shall furnish with the application an approved copy of
11United States Department of the Treasury Internal Revenue
12Service Form 4029. Regardless of age, an applicant seeking a
13religious exemption to this photograph requirement shall
14submit fingerprints in a form and manner prescribed by the
15Department with his or her application in lieu of a photograph.
16(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
17 (225 ILCS 447/35-35)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 35-35. Requirement of a firearm control card.
20 (a) No person shall perform duties that include the use,
21carrying, or possession of a firearm in the performance of
22those duties without complying with the provisions of this
23Section and having been issued a valid firearm control card by
24the Department.
25 (b) No employer shall employ any person to perform the

SB1640- 35 -LRB099 02653 RLC 22659 b
1duties for which licensure or employee registration is required
2and allow that person to carry a firearm unless that person has
3complied with all the firearm training requirements of this
4Section and has been issued a firearm control card. This Act
5permits only the following to carry firearms while actually
6engaged in the performance of their duties or while commuting
7directly to or from their places of employment: persons
8licensed as private detectives and their registered employees;
9persons licensed as private security contractors and their
10registered employees; persons licensed as private alarm
11contractors and their registered employees; and employees of a
12registered armed proprietary security force.
13 (c) Possession of a valid firearm control card allows a
14licensee or employee to carry a firearm not otherwise
15prohibited by law while the licensee or employee is engaged in
16the performance of his or her duties or while the licensee or
17employee is commuting directly to or from the licensee's or
18employee's place or places of employment.
19 (d) The Department shall issue a firearm control card to a
20person who has passed an approved firearm training course, who
21is currently licensed or employed by an agency licensed by this
22Act and has met all the requirements of this Act, and who is
23not prohibited under State or federal law from possessing a
24firearm possesses a valid firearm owner identification card.
25Application for the firearm control card shall be made by the
26employer to the Department on forms provided by the Department.

SB1640- 36 -LRB099 02653 RLC 22659 b
1The Department shall forward the card to the employer who shall
2be responsible for its issuance to the licensee or employee.
3The firearm control card shall be issued by the Department and
4shall identify the person holding it and the name of the course
5where the licensee or employee received firearm instruction and
6shall specify the type of weapon or weapons the person is
7authorized by the Department to carry and for which the person
8has been trained.
9 (e) Expiration and requirements for renewal of firearm
10control cards shall be determined by rule.
11 (f) The Department may, in addition to any other
12disciplinary action permitted by this Act, refuse to issue,
13suspend, or revoke a firearm control card if the applicant or
14holder has been convicted of any felony or crime involving the
15illegal use, carrying, or possession of a deadly weapon or for
16a violation of this Act or rules adopted promulgated under this
17Act. The Department shall refuse to issue or shall revoke a
18firearm control card if the applicant or holder is prohibited
19under State or federal law from possessing a firearm fails to
20possess a valid firearm owners identification card without
21hearing. The Secretary shall summarily suspend a firearm
22control card if the Secretary finds that its continued use
23would constitute an imminent danger to the public. A hearing
24shall be held before the Board within 30 days if the Secretary
25summarily suspends a firearm control card.
26 (g) Notwithstanding any other provision of this Act to the

SB1640- 37 -LRB099 02653 RLC 22659 b
1contrary, all requirements relating to firearms control cards
2do not apply to a peace officer.
3 (h) The Department may issue a temporary firearm control
4card pending issuance of a new firearm control card upon an
5agency's acquiring of an established armed account. An agency
6that has acquired armed employees as a result of acquiring an
7established armed account may, on forms supplied by the
8Department, request the issuance of a temporary firearm control
9card for each acquired employee who held a valid firearm
10control card under his or her employment with the newly
11acquired established armed account immediately preceding the
12acquiring of the account and who continues to meet all of the
13qualifications for issuance of a firearm control card set forth
14in this Act and any rules adopted under this Act. The
15Department shall, by rule, set the fee for issuance of a
16temporary firearm control card.
17 (i) The Department shall not issue a firearm control card
18to a licensed fingerprint vendor or a licensed locksmith or
19employees of a licensed fingerprint vendor agency or a licensed
20locksmith agency.
21(Source: P.A. 98-253, eff. 8-9-13.)
22 Section 50. The Mental Health and Developmental
23Disabilities Code is amended by changing Sections 6-103.1,
246-103.2, and 6-103.3 as follows:

SB1640- 38 -LRB099 02653 RLC 22659 b
1 (405 ILCS 5/6-103.1)
2 Sec. 6-103.1. Adjudication as a mentally disabled person.
3When a person has been adjudicated as a mentally disabled
4person as defined in Section 1.1 of the Firearm Owners
5Identification Card Act, including, but not limited to, an
6adjudication as a disabled person as defined in Section 11a-2
7of the Probate Act of 1975, the court shall direct the circuit
8court clerk to notify the Department of State Police, Firearm
9Owner's Identification (FOID) Office, in a form and manner
10prescribed by the Department of State Police, and shall forward
11a copy of the court order to the Department no later than 7
12days after the entry of the order. Upon receipt of the order,
13the Department of State Police shall provide notification to
14the National Instant Criminal Background Check System. For
15purposes of this Section, "has been adjudicated as a mentally
16disabled person" means the person is the subject of a
17determination by a court, board, commission, or other lawful
18authority that the person, as a result of marked subnormal
19intelligence, or mental illness, mental impairment,
20incompetency, condition, or disease:
21 (1) presents a clear and present danger to himself,
22 herself, or to others;
23 (2) lacks the mental capacity to manage his or her own
24 affairs or is adjudicated a disabled person as defined in
25 Section 11a-2 of the Probate Act of 1975;
26 (3) is not guilty in a criminal case by reason of

SB1640- 39 -LRB099 02653 RLC 22659 b
1 insanity, mental disease or defect;
2 (3.5) is guilty but mentally ill, as provided in
3 Section 5-2-6 of the Unified Code of Corrections;
4 (4) is incompetent to stand trial in a criminal case;
5 (5) is not guilty by reason of lack of mental
6 responsibility under Articles 50a and 72b of the Uniform
7 Code of Military Justice, 10 U.S.C. 850a, 876b;
8 (6) is a sexually violent person under subsection (f)
9 of Section 5 of the Sexually Violent Persons Commitment
10 Act;
11 (7) is a sexually dangerous person under the Sexually
12 Dangerous Persons Act;
13 (8) is unfit to stand trial under the Juvenile Court
14 Act of 1987;
15 (9) is not guilty by reason of insanity under the
16 Juvenile Court Act of 1987;
17 (10) is subject to involuntary admission as an
18 inpatient as defined in Section 1-119 of the Mental Health
19 and Developmental Disabilities Code;
20 (11) is subject to involuntary admission as an
21 outpatient as defined in Section 1-119.1 of the Mental
22 Health and Developmental Disabilities Code;
23 (12) is subject to judicial admission as set forth in
24 Section 4-500 of the Mental Health and Developmental
25 Disabilities Code; or
26 (13) is subject to the provisions of the Interstate

SB1640- 40 -LRB099 02653 RLC 22659 b
1 Agreements on Sexually Dangerous Persons Act.
2(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
3 (405 ILCS 5/6-103.2)
4 Sec. 6-103.2. Developmental disability; notice. For
5purposes of this Section, if a person is determined to be
6developmentally disabled as defined in Section 1.1 of the
7Firearm Owners Identification Card Act by a physician, clinical
8psychologist, or qualified examiner, whether practicing at a
9public or by a private mental health facility or developmental
10disability facility, the physician, clinical psychologist, or
11qualified examiner shall notify the Department of Human
12Services within 24 hours of making the determination that the
13person has a developmental disability. The Department of Human
14Services shall immediately update its records and information
15relating to mental health and developmental disabilities, and
16if appropriate, shall notify the Department of State Police in
17a form and manner prescribed by the Department of State Police.
18Information disclosed under this Section shall remain
19privileged and confidential, and shall not be redisclosed,
20except as required under clause (e)(2) of Section 24-4.5 of the
21Criminal Code of 2012 subsection (e) of Section 3.1 of the
22Firearm Owners Identification Card Act, nor used for any other
23purpose. The method of providing this information shall
24guarantee that the information is not released beyond that
25which is necessary for the purpose of this Section and shall be

SB1640- 41 -LRB099 02653 RLC 22659 b
1provided by rule by the Department of Human Services. The
2identity of the person reporting under this Section shall not
3be disclosed to the subject of the report.
4 The physician, clinical psychologist, or qualified
5examiner making the determination and his or her employer may
6not be held criminally, civilly, or professionally liable for
7making or not making the notification required under this
8Section, except for willful or wanton misconduct.
9 In this Section, "developmentally disabled" has the
10meaning ascribed to it in Section 12 of the Mental Health and
11Developmental Disabilities Confidentiality Act.
12(Source: P.A. 98-63, eff. 7-9-13.)
13 (405 ILCS 5/6-103.3)
14 Sec. 6-103.3. Clear and present danger; notice. If a person
15is determined to pose a clear and present danger to himself,
16herself, or to others by a physician, clinical psychologist, or
17qualified examiner, whether employed by the State, by any
18public or private mental health facility or part thereof, or by
19a law enforcement official or a school administrator, then the
20physician, clinical psychologist, qualified examiner shall
21notify the Department of Human Services and a law enforcement
22official or school administrator shall notify the Department of
23State Police, within 24 hours of making the determination that
24the person poses a clear and present danger. The Department of
25Human Services shall immediately update its records and

SB1640- 42 -LRB099 02653 RLC 22659 b
1information relating to mental health and developmental
2disabilities, and if appropriate, shall notify the Department
3of State Police in a form and manner prescribed by the
4Department of State Police. Information disclosed under this
5Section shall remain privileged and confidential, and shall not
6be redisclosed, except as required under clause (e)(2) of
7Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
8Section 3.1 of the Firearm Owners Identification Card Act, nor
9used for any other purpose. The method of providing this
10information shall guarantee that the information is not
11released beyond that which is necessary for the purpose of this
12Section and shall be provided by rule by the Department of
13Human Services. The identity of the person reporting under this
14Section shall not be disclosed to the subject of the report.
15The physician, clinical psychologist, qualified examiner, law
16enforcement official, or school administrator making the
17determination and his or her employer shall not be held
18criminally, civilly, or professionally liable for making or not
19making the notification required under this Section, except for
20willful or wanton misconduct. This Section does not apply to a
21law enforcement official, if making the notification under this
22Section will interfere with an ongoing or pending criminal
23investigation.
24 For the purposes of this Section:
25 "Clear and present danger" means a person who:
26 (1) communicates a serious threat of physical

SB1640- 43 -LRB099 02653 RLC 22659 b
1 violence against a reasonably identifiable victim or
2 poses a clear and imminent risk of serious physical
3 injury to himself, herself, or another person as
4 determined by a physician, clinical psychologist, or
5 qualified examiner; or
6 (2) demonstrates threatening physical or verbal
7 behavior, such as violent, suicidal, or assaultive
8 threats, actions, or other behavior, as determined by a
9 physician, clinical psychologist, qualified examiner,
10 school administrator, or law enforcement official.
11 "Physician", "clinical psychologist", and "qualified
12 examiner" have the meanings ascribed to them in the Mental
13 Health and Developmental Disabilities Code has the meaning
14 ascribed to it in Section 1.1 of the Firearm Owners
15 Identification Card Act.
16 "School administrator" means the person required to
17 report under the School Administrator Reporting of Mental
18 Health Clear and Present Danger Determinations Law.
19(Source: P.A. 98-63, eff. 7-9-13.)
20 Section 55. The Lead Poisoning Prevention Act is amended by
21changing Section 2 as follows:
22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
23 Sec. 2. Definitions. As used in this Act:
24 "Child care facility" means any structure used by a child

SB1640- 44 -LRB099 02653 RLC 22659 b
1care provider licensed by the Department of Children and Family
2Services or public or private school structure frequented by
3children 6 years of age or younger.
4 "Childhood Lead Risk Questionnaire" means the
5questionnaire developed by the Department for use by physicians
6and other health care providers to determine risk factors for
7children 6 years of age or younger residing in areas designated
8as low risk for lead exposure.
9 "Delegate agency" means a unit of local government or
10health department approved by the Department to carry out the
11provisions of this Act.
12 "Department" means the Department of Public Health.
13 "Director" means the Director of Public Health.
14 "Dwelling unit" means an individual unit within a
15residential building used as living quarters for one household.
16 "Elevated blood lead level" means a blood lead level in
17excess of those considered within the permissible limits as
18established under State and federal rules.
19 "Exposed surface" means any interior or exterior surface of
20a regulated facility.
21 "High risk area" means an area in the State determined by
22the Department to be high risk for lead exposure for children 6
23years of age or younger. The Department may consider, but is
24not limited to, the following factors to determine a high risk
25area: age and condition (using Department of Housing and Urban
26Development definitions of "slum" and "blighted") of housing,

SB1640- 45 -LRB099 02653 RLC 22659 b
1proximity to highway traffic or heavy local traffic or both,
2percentage of housing determined as rental or vacant, proximity
3to industry using lead, established incidence of elevated blood
4lead levels in children, percentage of population living below
5200% of federal poverty guidelines, and number of children
6residing in the area who are 6 years of age or younger.
7 "Lead abatement" means any approved work practices that
8will permanently eliminate lead exposure or remove the
9lead-bearing substances in a regulated facility. The
10Department shall establish by rule which work practices are
11approved or prohibited for lead abatement.
12 "Lead abatement contractor" means any person or entity
13licensed by the Department to perform lead abatement and
14mitigation.
15 "Lead abatement supervisor" means any person employed by a
16lead abatement contractor and licensed by the Department to
17perform lead abatement and lead mitigation and to supervise
18lead workers who perform lead abatement and lead mitigation.
19 "Lead abatement worker" means any person employed by a lead
20abatement contractor and licensed by the Department to perform
21lead abatement and mitigation.
22 "Lead activities" means the conduct of any lead services,
23including, lead inspection, lead risk assessment, lead
24mitigation, or lead abatement work or supervision in a
25regulated facility.
26 "Lead-bearing substance" means any item containing or

SB1640- 46 -LRB099 02653 RLC 22659 b
1coated with lead such that the lead content is more than
2six-hundredths of one percent (0.06%) lead by total weight; or
3any dust on surfaces or in furniture or other nonpermanent
4elements of the regulated facility; or any paint or other
5surface coating material containing more than five-tenths of
6one percent (0.5%) lead by total weight (calculated as lead
7metal) in the total non-volatile content of liquid paint; or
8lead-bearing substances containing greater than one milligram
9per square centimeter or any lower standard for lead content in
10residential paint as may be established by federal law or rule
11; or more than 1 milligram per square centimeter in the dried
12film of paint or previously applied substance; or item or dust
13on item containing lead in excess of the amount specified in
14the rules authorized by this Act or a lower standard for lead
15content as may be established by federal law or rule.
16"Lead-bearing substance" does not include firearm ammunition
17or components as defined by Section 2-7.1 of the Criminal Code
18of 2012 the Firearm Owners Identification Card Act.
19 "Lead hazard" means a lead-bearing substance that poses an
20immediate health hazard to humans.
21 "Lead hazard screen" means a lead risk assessment that
22involves limited dust and paint sampling for lead-bearing
23substances and lead hazards. This service is used as a
24screening tool designed to determine if further lead
25investigative services are required for the regulated
26facility.

SB1640- 47 -LRB099 02653 RLC 22659 b
1 "Lead inspection" means a surface-by-surface investigation
2to determine the presence of lead-based paint.
3 "Lead inspector" means an individual who has been trained
4by a Department-approved training program and is licensed by
5the Department to conduct lead inspections; to sample for the
6presence of lead in paint, dust, soil, and water; and to
7conduct compliance investigations.
8 "Lead mitigation" means the remediation, in a manner
9described in Section 9, of a lead hazard so that the
10lead-bearing substance does not pose an immediate health hazard
11to humans.
12 "Lead poisoning" means the condition of having blood lead
13levels in excess of those considered safe under State and
14federal rules.
15 "Lead risk assessment" means an on-site investigation to
16determine the existence, nature, severity, and location of lead
17hazards. "Lead risk assessment" includes any lead sampling and
18visual assessment associated with conducting a lead risk
19assessment and lead hazard screen and all lead sampling
20associated with compliance investigations.
21 "Lead risk assessor" means an individual who has been
22trained by a Department-approved training program and is
23licensed by the Department to conduct lead risk assessments,
24lead inspections, and lead hazard screens; to sample for the
25presence of lead in paint, dust, soil, water, and sources for
26lead-bearing substances; and to conduct compliance

SB1640- 48 -LRB099 02653 RLC 22659 b
1investigations.
2 "Lead training program provider" means any person
3providing Department-approved lead training in Illinois to
4individuals seeking licensure in accordance with the Act.
5 "Low risk area" means an area in the State determined by
6the Department to be low risk for lead exposure for children 6
7years of age or younger. The Department may consider the
8factors named in "high risk area" to determine low risk areas.
9 "Owner" means any person, who alone, jointly, or severally
10with others:
11 (a) Has legal title to any regulated facility, with or
12 without actual possession of the regulated facility, or
13 (b) Has charge, care, or control of the regulated
14 facility as owner or agent of the owner, or as executor,
15 administrator, trustee, or guardian of the estate of the
16 owner.
17 "Person" means any individual, partnership, firm, company,
18limited liability company, corporation, association, joint
19stock company, trust, estate, political subdivision, State
20agency, or any other legal entity, or their legal
21representative, agent, or assign.
22 "Regulated facility" means a residential building or child
23care facility.
24 "Residential building" means any room, group of rooms, or
25other interior areas of a structure designed or used for human
26habitation; common areas accessible by inhabitants; and the

SB1640- 49 -LRB099 02653 RLC 22659 b
1surrounding property or structures.
2(Source: P.A. 98-690, eff. 1-1-15.)
3 (430 ILCS 65/Act rep.)
4 Section 60. The Firearm Owners Identification Card Act is
5repealed.
6 Section 65. The Firearm Concealed Carry Act is amended by
7changing Sections 25, 30, 40, 70, 80, and 105 as follows:
8 (430 ILCS 66/25)
9 Sec. 25. Qualifications for a license.
10 The Department shall issue a license to an applicant
11completing an application in accordance with Section 30 of this
12Act if the person:
13 (1) is at least 21 years of age;
14 (2) has a currently valid Firearm Owner's
15 Identification Card and at the time of application meets
16 the requirements for the issuance of a Firearm Owner's
17 Identification Card and is not prohibited under State or
18 the Firearm Owners Identification Card Act or federal law
19 from possessing or receiving a firearm;
20 (3) has not been convicted or found guilty in this
21 State or in any other state of:
22 (A) a misdemeanor involving the use or threat of
23 physical force or violence to any person within the 5

SB1640- 50 -LRB099 02653 RLC 22659 b
1 years preceding the date of the license application; or
2 (B) 2 or more violations related to driving while
3 under the influence of alcohol, other drug or drugs,
4 intoxicating compound or compounds, or any combination
5 thereof, within the 5 years preceding the date of the
6 license application;
7 (4) is not the subject of a pending arrest warrant,
8 prosecution, or proceeding for an offense or action that
9 could lead to disqualification to own or possess a firearm;
10 (5) has not been in residential or court-ordered
11 treatment for alcoholism, alcohol detoxification, or drug
12 treatment within the 5 years immediately preceding the date
13 of the license application; and
14 (6) has completed firearms training and any education
15 component required under Section 75 of this Act.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
17 (430 ILCS 66/30)
18 Sec. 30. Contents of license application.
19 (a) The license application shall be in writing, under
20penalty of perjury, on a standard form adopted by the
21Department and shall be accompanied by the documentation
22required in this Section and the applicable fee. Each
23application form shall include the following statement printed
24in bold type: "Warning: Entering false information on this form
25is punishable as perjury under Section 32-2 of the Criminal

SB1640- 51 -LRB099 02653 RLC 22659 b
1Code of 2012."
2 (b) The application shall contain the following:
3 (1) the applicant's name, current address, date and
4 year of birth, place of birth, height, weight, hair color,
5 eye color, maiden name or any other name the applicant has
6 used or identified with, and any address where the
7 applicant resided for more than 30 days within the 10 years
8 preceding the date of the license application;
9 (2) the applicant's valid driver's license number or
10 valid state identification card number;
11 (3) a waiver of the applicant's privacy and
12 confidentiality rights and privileges under all federal
13 and state laws, including those limiting access to juvenile
14 court, criminal justice, psychological, or psychiatric
15 records or records relating to any institutionalization of
16 the applicant, and an affirmative request that a person
17 having custody of any of these records provide it or
18 information concerning it to the Department;
19 (4) an affirmation that the applicant is not prohibited
20 under State or federal law from possessing or receiving a
21 firearm possesses a currently valid Firearm Owner's
22 Identification Card and card number if possessed or notice
23 the applicant is applying for a Firearm Owner's
24 Identification Card in conjunction with the license
25 application;
26 (5) an affirmation that the applicant has not been

SB1640- 52 -LRB099 02653 RLC 22659 b
1 convicted or found guilty of:
2 (A) a felony;
3 (B) a misdemeanor involving the use or threat of
4 physical force or violence to any person within the 5
5 years preceding the date of the application; or
6 (C) 2 or more violations related to driving while
7 under the influence of alcohol, other drug or drugs,
8 intoxicating compound or compounds, or any combination
9 thereof, within the 5 years preceding the date of the
10 license application; and
11 (6) whether the applicant has failed a drug test for a
12 drug for which the applicant did not have a prescription,
13 within the previous year, and if so, the provider of the
14 test, the specific substance involved, and the date of the
15 test;
16 (7) written consent for the Department to review and
17 use the applicant's Illinois digital driver's license or
18 Illinois identification card photograph and signature;
19 (8) a full set of fingerprints submitted to the
20 Department in electronic format, provided the Department
21 may accept an application submitted without a set of
22 fingerprints in which case the Department shall be granted
23 30 days in addition to the 90 days provided under
24 subsection (e) of Section 10 of this Act to issue or deny a
25 license;
26 (9) a head and shoulder color photograph in a size

SB1640- 53 -LRB099 02653 RLC 22659 b
1 specified by the Department taken within the 30 days
2 preceding the date of the license application; and
3 (10) a photocopy of any certificates or other evidence
4 of compliance with the training requirements under this
5 Act.
6(Source: P.A. 98-63, eff. 7-9-13.)
7 (430 ILCS 66/40)
8 Sec. 40. Non-resident license applications.
9 (a) For the purposes of this Section, "non-resident" means
10a person who has not resided within this State for more than 30
11days and resides in another state or territory.
12 (b) The Department shall by rule allow for non-resident
13license applications from any state or territory of the United
14States with laws related to firearm ownership, possession, and
15carrying, that are substantially similar to the requirements to
16obtain a license under this Act.
17 (c) A resident of a state or territory approved by the
18Department under subsection (b) of this Section may apply for a
19non-resident license. The applicant shall apply to the
20Department and must meet all of the qualifications established
21in Section 25 of this Act, except for the Illinois residency
22requirement in item (xiv) of paragraph (2) of subsection (a) of
23Section 4 of the Firearm Owners Identification Card Act. The
24applicant shall submit:
25 (1) the application and documentation required under

SB1640- 54 -LRB099 02653 RLC 22659 b
1 Section 30 of this Act and the applicable fee;
2 (2) a notarized document stating that the applicant:
3 (A) is eligible under federal law and the laws of
4 his or her state or territory of residence to own or
5 possess a firearm;
6 (B) if applicable, has a license or permit to carry
7 a firearm or concealed firearm issued by his or her
8 state or territory of residence and attach a copy of
9 the license or permit to the application;
10 (C) understands Illinois laws pertaining to the
11 possession and transport of firearms, and
12 (D) acknowledges that the applicant is subject to
13 the jurisdiction of the Department and Illinois courts
14 for any violation of this Act; and
15 (3) a photocopy of any certificates or other evidence
16 of compliance with the training requirements under Section
17 75 of this Act; and
18 (4) a head and shoulder color photograph in a size
19 specified by the Department taken within the 30 days
20 preceding the date of the application.
21 (d) In lieu of an Illinois driver's license or Illinois
22identification card, a non-resident applicant shall provide
23similar documentation from his or her state or territory of
24residence. The applicant shall submit In lieu of a valid
25Firearm Owner's Identification Card, the applicant shall
26submit documentation and information required by the

SB1640- 55 -LRB099 02653 RLC 22659 b
1Department to obtain a Firearm Owner's Identification Card,
2including an affidavit that the non-resident meets the mental
3health standards to obtain a firearm under Illinois law, and
4the Department shall ensure that the applicant would meet the
5eligibility criteria under State law to possess a firearm to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8 (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle and the non-resident:
12 (1) is not prohibited from owning or possessing a
13 firearm under federal law;
14 (2) is eligible to carry a firearm in public under the
15 laws of his or her state or territory of residence, as
16 evidenced by the possession of a concealed carry license or
17 permit issued by his or her state of residence, if
18 applicable; and
19 (3) is not in possession of a license under this Act.
20 If the non-resident leaves his or her vehicle unattended,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
25 (430 ILCS 66/70)

SB1640- 56 -LRB099 02653 RLC 22659 b
1 Sec. 70. Violations.
2 (a) A license issued or renewed under this Act shall be
3revoked if, at any time, the licensee is found to be ineligible
4for a license under this Act or the licensee is prohibited from
5possessing a firearm under State or federal law no longer meets
6the eligibility requirements of the Firearm Owners
7Identification Card Act.
8 (b) A license shall be suspended if an order of protection,
9including an emergency order of protection, plenary order of
10protection, or interim order of protection under Article 112A
11of the Code of Criminal Procedure of 1963 or under the Illinois
12Domestic Violence Act of 1986, is issued against a licensee for
13the duration of the order, or if the Department is made aware
14of a similar order issued against the licensee in any other
15jurisdiction. If an order of protection is issued against a
16licensee, the licensee shall surrender the license, as
17applicable, to the court at the time the order is entered or to
18the law enforcement agency or entity serving process at the
19time the licensee is served the order. The court, law
20enforcement agency, or entity responsible for serving the order
21of protection shall notify the Department within 7 days and
22transmit the license to the Department.
23 (c) A license is invalid upon expiration of the license,
24unless the licensee has submitted an application to renew the
25license, and the applicant is otherwise eligible to possess a
26license under this Act.

SB1640- 57 -LRB099 02653 RLC 22659 b
1 (d) A licensee shall not carry a concealed firearm while
2under the influence of alcohol, other drug or drugs,
3intoxicating compound or combination of compounds, or any
4combination thereof, under the standards set forth in
5subsection (a) of Section 11-501 of the Illinois Vehicle Code.
6 A licensee in violation of this subsection (d) shall be
7guilty of a Class A misdemeanor for a first or second violation
8and a Class 4 felony for a third violation. The Department may
9suspend a license for up to 6 months for a second violation and
10shall permanently revoke a license for a third violation.
11 (e) Except as otherwise provided, a licensee in violation
12of this Act shall be guilty of a Class B misdemeanor. A second
13or subsequent violation is a Class A misdemeanor. The
14Department may suspend a license for up to 6 months for a
15second violation and shall permanently revoke a license for 3
16or more violations of Section 65 of this Act. Any person
17convicted of a violation under this Section shall pay a $150
18fee to be deposited into the Mental Health Reporting Fund, plus
19any applicable court costs or fees.
20 (f) A licensee convicted or found guilty of a violation of
21this Act who has a valid license and is otherwise eligible to
22carry a concealed firearm shall only be subject to the
23penalties under this Section and shall not be subject to the
24penalties under Section 21-6, paragraph (4), (8), or (10) of
25subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
26of paragraph (3) of subsection (a) of Section 24-1.6 of the

SB1640- 58 -LRB099 02653 RLC 22659 b
1Criminal Code of 2012. Except as otherwise provided in this
2subsection, nothing in this subsection prohibits the licensee
3from being subjected to penalties for violations other than
4those specified in this Act.
5 (g) A licensee whose license is revoked, suspended, or
6denied shall, within 48 hours of receiving notice of the
7revocation, suspension, or denial, surrender his or her
8concealed carry license to the local law enforcement agency
9where the person resides. The local law enforcement agency
10shall provide the licensee a receipt and transmit the concealed
11carry license to the Department of State Police. If the
12licensee whose concealed carry license has been revoked,
13suspended, or denied fails to comply with the requirements of
14this subsection, the law enforcement agency where the person
15resides may petition the circuit court to issue a warrant to
16search for and seize the concealed carry license in the
17possession and under the custody or control of the licensee
18whose concealed carry license has been revoked, suspended, or
19denied. The observation of a concealed carry license in the
20possession of a person whose license has been revoked,
21suspended, or denied constitutes a sufficient basis for the
22arrest of that person for violation of this subsection. A
23violation of this subsection is a Class A misdemeanor.
24 (h) (Blank). A license issued or renewed under this Act
25shall be revoked if, at any time, the licensee is found
26ineligible for a Firearm Owner's Identification Card, or the

SB1640- 59 -LRB099 02653 RLC 22659 b
1licensee no longer possesses a valid Firearm Owner's
2Identification Card. A licensee whose license is revoked under
3this subsection (h) shall surrender his or her concealed carry
4license as provided for in subsection (g) of this Section.
5 This subsection shall not apply to a person who has filed
6an application with the State Police for renewal of a Firearm
7Owner's Identification Card and who is not otherwise ineligible
8to obtain a Firearm Owner's Identification Card.
9 (i) A certified firearms instructor who knowingly provides
10or offers to provide a false certification that an applicant
11has completed firearms training as required under this Act is
12guilty of a Class A misdemeanor. A person guilty of a violation
13of this subsection (i) is not eligible for court supervision.
14The Department shall permanently revoke the firearms
15instructor certification of a person convicted under this
16subsection (i).
17(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
18eff. 8-15-14.)
19 (430 ILCS 66/80)
20 Sec. 80. Certified firearms instructors.
21 (a) Within 60 days of the effective date of this Act, the
22Department shall begin approval of certified firearms
23instructors and enter certified firearms instructors into an
24online registry on the Department's website.
25 (b) A person who is not a certified firearms instructor

SB1640- 60 -LRB099 02653 RLC 22659 b
1shall not teach applicant training courses or advertise or
2otherwise represent courses they teach as qualifying their
3students to meet the requirements to receive a license under
4this Act. Each violation of this subsection is a business
5offense with a fine of at least $1,000 per violation.
6 (c) A person seeking to become a certified firearms
7instructor shall:
8 (1) be at least 21 years of age;
9 (2) be a legal resident of the United States; and
10 (3) meet the requirements of Section 25 of this Act,
11 except for the Illinois residency requirement in item (xiv)
12 of paragraph (2) of subsection (a) of Section 4 of the
13 Firearm Owners Identification Card Act; and any additional
14 uniformly applied requirements established by the
15 Department.
16 (d) A person seeking to become a certified firearms
17instructor, in addition to the requirements of subsection (c)
18of this Section, shall:
19 (1) possess a high school diploma or high school
20 equivalency certificate; and
21 (2) have at least one of the following valid firearms
22 instructor certifications:
23 (A) certification from a law enforcement agency;
24 (B) certification from a firearm instructor course
25 offered by a State or federal governmental agency;
26 (C) certification from a firearm instructor

SB1640- 61 -LRB099 02653 RLC 22659 b
1 qualification course offered by the Illinois Law
2 Enforcement Training Standards Board; or
3 (D) certification from an entity approved by the
4 Department that offers firearm instructor education
5 and training in the use and safety of firearms.
6 (e) A person may have his or her firearms instructor
7certification denied or revoked if he or she does not meet the
8requirements to obtain a license under this Act, provides false
9or misleading information to the Department, or has had a prior
10instructor certification revoked or denied by the Department.
11(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
12eff. 1-1-15.)
13 (430 ILCS 66/105)
14 Sec. 105. Duty of school administrator. It is the duty of
15the principal of a public elementary or secondary school, or
16his or her designee, and the chief administrative officer of a
17private elementary or secondary school or a public or private
18community college, college, or university, or his or her
19designee, to report to the Department of State Police when a
20student is determined to pose a clear and present danger to
21himself, herself, or to others, within 24 hours of the
22determination as provided in Section 6-103.3 of the Mental
23Health and Developmental Disabilities Code. "Clear and present
24danger" has the meaning as provided in paragraph (2) of the
25definition of "clear and present danger" in Section 6-103.3 of

SB1640- 62 -LRB099 02653 RLC 22659 b
1the Mental Health and Developmental Disabilities Code 1.1 of
2the Firearm Owners Identification Card Act.
3(Source: P.A. 98-63, eff. 7-9-13.)
4 Section 70. The Wildlife Code is amended by changing
5Sections 3.2 and 3.2a as follows:
6 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
7 Sec. 3.2. Hunting license; application; instruction.
8Before the Department or any county, city, village, township,
9incorporated town clerk or his duly designated agent or any
10other person authorized or designated by the Department to
11issue hunting licenses shall issue a hunting license to any
12person, the person shall file his application with the
13Department or other party authorized to issue licenses on a
14form provided by the Department and further give definite proof
15of identity and place of legal residence. Each clerk
16designating agents to issue licenses and stamps shall furnish
17the Department, within 10 days following the appointment, the
18names and mailing addresses of the agents. Each clerk or his
19duly designated agent shall be authorized to sell licenses and
20stamps only within the territorial area for which he was
21elected or appointed. No duly designated agent is authorized to
22furnish licenses or stamps for issuance by any other business
23establishment. Each application shall be executed and sworn to
24and shall set forth the name and description of the applicant

SB1640- 63 -LRB099 02653 RLC 22659 b
1and place of residence.
2 No hunting license shall be issued to any person born on or
3after January 1, 1980 unless he presents the person authorized
4to issue the license evidence that he has held a hunting
5license issued by the State of Illinois or another state in a
6prior year, or a certificate of competency as provided in this
7Section. Persons under 16 years of age may be issued a Lifetime
8Hunting or Sportsmen's Combination License as provided under
9Section 20-45 of the Fish and Aquatic Life Code but shall not
10be entitled to hunt unless they have a certificate of
11competency as provided in this Section and they shall have the
12certificate in their possession while hunting.
13 The Department of Natural Resources shall authorize
14personnel of the Department or certified volunteer instructors
15to conduct courses, of not less than 10 hours in length, in
16firearms and hunter safety, which may include training in bow
17and arrow safety, at regularly specified intervals throughout
18the State. Persons successfully completing the course shall
19receive a certificate of competency. The Department of Natural
20Resources may further cooperate with any reputable association
21or organization in establishing courses if the organization has
22as one of its objectives the promotion of safety in the
23handling of firearms or bow and arrow.
24 The Department of Natural Resources shall designate any
25person found by it to be competent to give instruction in the
26handling of firearms, hunter safety, and bow and arrow. The

SB1640- 64 -LRB099 02653 RLC 22659 b
1persons so appointed shall give the course of instruction and
2upon the successful completion shall issue to the person
3instructed a certificate of competency in the safe handling of
4firearms, hunter safety, and bow and arrow. No charge shall be
5made for any course of instruction except for materials or
6ammunition consumed. The Department of Natural Resources shall
7furnish information on the requirements of hunter safety
8education programs to be distributed free of charge to
9applicants for hunting licenses by the persons appointed and
10authorized to issue licenses. Funds for the conducting of
11firearms and hunter safety courses shall be taken from the fee
12charged for the Firearm Owners Identification Card.
13 The fee for a hunting license to hunt all species for a
14resident of Illinois is $12. For residents age 65 or older,
15and, commencing with the 2012 license year, resident veterans
16of the United States Armed Forces after returning from service
17abroad or mobilization by the President of the United States,
18the fee is one-half of the fee charged for a hunting license to
19hunt all species for a resident of Illinois. Veterans must
20provide to the Department, at one of the Department's 5
21regional offices, verification of their service. The
22Department shall establish what constitutes suitable
23verification of service for the purpose of issuing resident
24veterans hunting licenses at a reduced fee. The fee for a
25hunting license to hunt all species shall be $1 for residents
26over 75 years of age. Nonresidents shall be charged $57 for a

SB1640- 65 -LRB099 02653 RLC 22659 b
1hunting license.
2 Nonresidents may be issued a nonresident hunting license
3for a period not to exceed 10 consecutive days' hunting in the
4State and shall be charged a fee of $35.
5 A special nonresident hunting license authorizing a
6nonresident to take game birds by hunting on a game breeding
7and hunting preserve area only, established under Section 3.27,
8shall be issued upon proper application being made and payment
9of a fee equal to that for a resident hunting license. The
10expiration date of this license shall be on the same date each
11year that game breeding and hunting preserve area licenses
12expire.
13 Each applicant for a State Migratory Waterfowl Stamp,
14regardless of his residence or other condition, shall pay a fee
15of $15 and shall receive a stamp. The fee for a State Migratory
16Waterfowl Stamp shall be waived for residents over 75 years of
17age. Except as provided under Section 20-45 of the Fish and
18Aquatic Life Code, the stamp shall be signed by the person or
19affixed to his license or permit in a space designated by the
20Department for that purpose.
21 Each applicant for a State Habitat Stamp, regardless of his
22residence or other condition, shall pay a fee of $5 and shall
23receive a stamp. The fee for a State Habitat Stamp shall be
24waived for residents over 75 years of age. Except as provided
25under Section 20-45 of the Fish and Aquatic Life Code, the
26stamp shall be signed by the person or affixed to his license

SB1640- 66 -LRB099 02653 RLC 22659 b
1or permit in a space designated by the Department for that
2purpose.
3 Nothing in this Section shall be construed as to require
4the purchase of more than one State Habitat Stamp by any person
5in any one license year.
6 The fees for State Pheasant Stamps and State Furbearer
7Stamps shall be waived for residents over 75 years of age.
8 The Department shall furnish the holders of hunting
9licenses and stamps with an insignia as evidence of possession
10of license, or license and stamp, as the Department may
11consider advisable. The insignia shall be exhibited and used as
12the Department may order.
13 All other hunting licenses and all State stamps shall
14expire upon March 31 of each year.
15 Every person holding any license, permit, or stamp issued
16under the provisions of this Act shall have it in his
17possession for immediate presentation for inspection to the
18officers and authorized employees of the Department, any
19sheriff, deputy sheriff, or any other peace officer making a
20demand for it. This provision shall not apply to Department
21owned or managed sites where it is required that all hunters
22deposit their license or , permit , or Firearm Owner's
23Identification Card at the check station upon entering the
24hunting areas.
25(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)

SB1640- 67 -LRB099 02653 RLC 22659 b
1 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
2 Sec. 3.2a. Every person holding any license, permit or
3stamp issued under the provisions hereof shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license or , permit or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12(Source: P.A. 85-152.)
13 Section 75. The Clerks of Courts Act is amended by changing
14Section 27.3a as follows:
15 (705 ILCS 105/27.3a)
16 Sec. 27.3a. Fees for automated record keeping, probation
17and court services operations, and State and Conservation
18Police operations.
19 1. The expense of establishing and maintaining automated
20record keeping systems in the offices of the clerks of the
21circuit court shall be borne by the county. To defray such
22expense in any county having established such an automated
23system or which elects to establish such a system, the county
24board may require the clerk of the circuit court in their

SB1640- 68 -LRB099 02653 RLC 22659 b
1county to charge and collect a court automation fee of not less
2than $1 nor more than $25 to be charged and collected by the
3clerk of the court. Such fee shall be paid at the time of
4filing the first pleading, paper or other appearance filed by
5each party in all civil cases or by the defendant in any
6felony, traffic, misdemeanor, municipal ordinance, or
7conservation case upon a judgment of guilty or grant of
8supervision, provided that the record keeping system which
9processes the case category for which the fee is charged is
10automated or has been approved for automation by the county
11board, and provided further that no additional fee shall be
12required if more than one party is presented in a single
13pleading, paper or other appearance. Such fee shall be
14collected in the manner in which all other fees or costs are
15collected.
16 1.1. Starting on July 6, 2012 (the effective date of Public
17Act 97-761) and pursuant to an administrative order from the
18chief judge of the circuit or the presiding judge of the county
19authorizing such collection, a clerk of the circuit court in
20any county that imposes a fee pursuant to subsection 1 of this
21Section shall also charge and collect an additional $10
22operations fee for probation and court services department
23operations.
24 This additional fee shall be paid by the defendant in any
25felony, traffic, misdemeanor, local ordinance, or conservation
26case upon a judgment of guilty or grant of supervision, except

SB1640- 69 -LRB099 02653 RLC 22659 b
1such $10 operations fee shall not be charged and collected in
2cases governed by Supreme Court Rule 529 in which the bail
3amount is $120 or less.
4 1.2. With respect to the fee imposed and collected under
5subsection 1.1 of this Section, each clerk shall transfer all
6fees monthly to the county treasurer for deposit into the
7probation and court services fund created under Section 15.1 of
8the Probation and Probation Officers Act, and such monies shall
9be disbursed from the fund only at the direction of the chief
10judge of the circuit or another judge designated by the Chief
11Circuit Judge in accordance with the policies and guidelines
12approved by the Supreme Court.
13 1.5. Starting on June 1, 2014, a clerk of the circuit court
14in any county that imposes a fee pursuant to subsection 1 of
15this Section, shall charge and collect an additional fee in an
16amount equal to the amount of the fee imposed pursuant to
17subsection 1 of this Section, except the fee imposed under this
18subsection may not be more than $15. This additional fee shall
19be paid by the defendant in any felony, traffic, misdemeanor,
20or local ordinance case upon a judgment of guilty or grant of
21supervision. This fee shall not be paid by the defendant for
22any violation listed in subsection 1.6 of this Section.
23 1.6. Starting on June 1, 2014, a clerk of the circuit court
24in any county that imposes a fee pursuant to subsection 1 of
25this Section shall charge and collect an additional fee in an
26amount equal to the amount of the fee imposed pursuant to

SB1640- 70 -LRB099 02653 RLC 22659 b
1subsection 1 of this Section, except the fee imposed under this
2subsection may not be more than $15. This additional fee shall
3be paid by the defendant upon a judgment of guilty or grant of
4supervision for a violation under the State Parks Act, the
5Recreational Trails of Illinois Act, the Illinois Explosives
6Act, the Timber Buyers Licensing Act, the Forest Products
7Transportation Act, the Firearm Owners Identification Card
8Act, the Environmental Protection Act, the Fish and Aquatic
9Life Code, the Wildlife Code, the Cave Protection Act, the
10Illinois Exotic Weed Act, the Illinois Forestry Development
11Act, the Ginseng Harvesting Act, the Illinois Lake Management
12Program Act, the Illinois Natural Areas Preservation Act, the
13Illinois Open Land Trust Act, the Open Space Lands Acquisition
14and Development Act, the Illinois Prescribed Burning Act, the
15State Forest Act, the Water Use Act of 1983, the Illinois
16Veteran, Youth, and Young Adult Conservation Jobs Act, the
17Snowmobile Registration and Safety Act, the Boat Registration
18and Safety Act, the Illinois Dangerous Animals Act, the Hunter
19and Fishermen Interference Prohibition Act, the Wrongful Tree
20Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
2111-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
22the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
23Criminal Code of 2012.
24 2. With respect to the fee imposed under subsection 1 of
25this Section, each clerk shall commence such charges and
26collections upon receipt of written notice from the chairman of

SB1640- 71 -LRB099 02653 RLC 22659 b
1the county board together with a certified copy of the board's
2resolution, which the clerk shall file of record in his office.
3 3. With respect to the fee imposed under subsection 1 of
4this Section, such fees shall be in addition to all other fees
5and charges of such clerks, and assessable as costs, and may be
6waived only if the judge specifically provides for the waiver
7of the court automation fee. The fees shall be remitted monthly
8by such clerk to the county treasurer, to be retained by him in
9a special fund designated as the court automation fund. The
10fund shall be audited by the county auditor, and the board
11shall make expenditure from the fund in payment of any cost
12related to the automation of court records, including hardware,
13software, research and development costs and personnel related
14thereto, provided that the expenditure is approved by the clerk
15of the court and by the chief judge of the circuit court or his
16designate.
17 4. With respect to the fee imposed under subsection 1 of
18this Section, such fees shall not be charged in any matter
19coming to any such clerk on change of venue, nor in any
20proceeding to review the decision of any administrative
21officer, agency or body.
22 5. With respect to the additional fee imposed under
23subsection 1.5 of this Section, the fee shall be remitted by
24the circuit clerk to the State Treasurer within one month after
25receipt for deposit into the State Police Operations Assistance
26Fund.

SB1640- 72 -LRB099 02653 RLC 22659 b
1 6. With respect to the additional fees imposed under
2subsection 1.5 of this Section, the Director of State Police
3may direct the use of these fees for homeland security purposes
4by transferring these fees on a quarterly basis from the State
5Police Operations Assistance Fund into the Illinois Law
6Enforcement Alarm Systems (ILEAS) Fund for homeland security
7initiatives programs. The transferred fees shall be allocated,
8subject to the approval of the ILEAS Executive Board, as
9follows: (i) 66.6% shall be used for homeland security
10initiatives and (ii) 33.3% shall be used for airborne
11operations. The ILEAS Executive Board shall annually supply the
12Director of State Police with a report of the use of these
13fees.
14 7. With respect to the additional fee imposed under
15subsection 1.6 of this Section, the fee shall be remitted by
16the circuit clerk to the State Treasurer within one month after
17receipt for deposit into the Conservation Police Operations
18Assistance Fund.
19(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
20eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
2197-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
228-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
23 Section 80. The Criminal Code of 2012 is amended by
24changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

SB1640- 73 -LRB099 02653 RLC 22659 b
124-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
2 (720 ILCS 5/2-7.1)
3 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
4"Firearm "Firearm" and "firearm ammunition" means any
5self-contained cartridge or shotgun shell, by whatever name
6known, which is designed to be used or adaptable to use in a
7firearm; excluding, however:
8 (1) any ammunition exclusively designed for use with a
9device used exclusively for signalling or safety and required
10or recommended by the United States Coast Guard or the
11Interstate Commerce Commission; and
12 (2) any ammunition designed exclusively for use with a stud
13or rivet driver or other similar industrial ammunition have the
14meanings ascribed to them in Section 1.1 of the Firearm Owners
15Identification Card Act.
16(Source: P.A. 91-544, eff. 1-1-00.)
17 (720 ILCS 5/2-7.5)
18 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
19specific Section, "firearm" means any device, by whatever name
20known, which is designed to expel a projectile or projectiles
21by the action of an explosion, expansion of gas or escape of
22gas; excluding, however:
23 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
24gun which expels a single globular projectile not exceeding .18

SB1640- 74 -LRB099 02653 RLC 22659 b
1inch in diameter or which has a maximum muzzle velocity of less
2than 700 feet per second;
3 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
4gun which expels breakable paint balls containing washable
5marking colors;
6 (2) any device used exclusively for signalling or safety
7and required or recommended by the United States Coast Guard or
8the Interstate Commerce Commission;
9 (3) any device used exclusively for the firing of stud
10cartridges, explosive rivets, or similar industrial
11ammunition; and
12 (4) an antique firearm (other than a machine-gun) which,
13although designed as a weapon, the Department of State Police
14finds by reason of the date of its manufacture, value, design,
15and other characteristics is primarily a collector's item and
16is not likely to be used as a weapon has the meaning ascribed
17to it in Section 1.1 of the Firearm Owners Identification Card
18Act.
19(Source: P.A. 95-331, eff. 8-21-07.)
20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
21 Sec. 12-3.05. Aggravated battery.
22 (a) Offense based on injury. A person commits aggravated
23battery when, in committing a battery, other than by the
24discharge of a firearm, he or she knowingly does any of the
25following:

SB1640- 75 -LRB099 02653 RLC 22659 b
1 (1) Causes great bodily harm or permanent disability or
2 disfigurement.
3 (2) Causes severe and permanent disability, great
4 bodily harm, or disfigurement by means of a caustic or
5 flammable substance, a poisonous gas, a deadly biological
6 or chemical contaminant or agent, a radioactive substance,
7 or a bomb or explosive compound.
8 (3) Causes great bodily harm or permanent disability or
9 disfigurement to an individual whom the person knows to be
10 a peace officer, community policing volunteer, fireman,
11 private security officer, correctional institution
12 employee, or Department of Human Services employee
13 supervising or controlling sexually dangerous persons or
14 sexually violent persons:
15 (i) performing his or her official duties;
16 (ii) battered to prevent performance of his or her
17 official duties; or
18 (iii) battered in retaliation for performing his
19 or her official duties.
20 (4) Causes great bodily harm or permanent disability or
21 disfigurement to an individual 60 years of age or older.
22 (5) Strangles another individual.
23 (b) Offense based on injury to a child or intellectually
24disabled person. A person who is at least 18 years of age
25commits aggravated battery when, in committing a battery, he or
26she knowingly and without legal justification by any means:

SB1640- 76 -LRB099 02653 RLC 22659 b
1 (1) causes great bodily harm or permanent disability or
2 disfigurement to any child under the age of 13 years, or to
3 any severely or profoundly intellectually disabled person;
4 or
5 (2) causes bodily harm or disability or disfigurement
6 to any child under the age of 13 years or to any severely
7 or profoundly intellectually disabled person.
8 (c) Offense based on location of conduct. A person commits
9aggravated battery when, in committing a battery, other than by
10the discharge of a firearm, he or she is or the person battered
11is on or about a public way, public property, a public place of
12accommodation or amusement, a sports venue, or a domestic
13violence shelter.
14 (d) Offense based on status of victim. A person commits
15aggravated battery when, in committing a battery, other than by
16discharge of a firearm, he or she knows the individual battered
17to be any of the following:
18 (1) A person 60 years of age or older.
19 (2) A person who is pregnant or physically handicapped.
20 (3) A teacher or school employee upon school grounds or
21 grounds adjacent to a school or in any part of a building
22 used for school purposes.
23 (4) A peace officer, community policing volunteer,
24 fireman, private security officer, correctional
25 institution employee, or Department of Human Services
26 employee supervising or controlling sexually dangerous

SB1640- 77 -LRB099 02653 RLC 22659 b
1 persons or sexually violent persons:
2 (i) performing his or her official duties;
3 (ii) battered to prevent performance of his or her
4 official duties; or
5 (iii) battered in retaliation for performing his
6 or her official duties.
7 (5) A judge, emergency management worker, emergency
8 medical technician, or utility worker:
9 (i) performing his or her official duties;
10 (ii) battered to prevent performance of his or her
11 official duties; or
12 (iii) battered in retaliation for performing his
13 or her official duties.
14 (6) An officer or employee of the State of Illinois, a
15 unit of local government, or a school district, while
16 performing his or her official duties.
17 (7) A transit employee performing his or her official
18 duties, or a transit passenger.
19 (8) A taxi driver on duty.
20 (9) A merchant who detains the person for an alleged
21 commission of retail theft under Section 16-26 of this Code
22 and the person without legal justification by any means
23 causes bodily harm to the merchant.
24 (10) A person authorized to serve process under Section
25 2-202 of the Code of Civil Procedure or a special process
26 server appointed by the circuit court while that individual

SB1640- 78 -LRB099 02653 RLC 22659 b
1 is in the performance of his or her duties as a process
2 server.
3 (11) A nurse while in the performance of his or her
4 duties as a nurse.
5 (e) Offense based on use of a firearm. A person commits
6aggravated battery when, in committing a battery, he or she
7knowingly does any of the following:
8 (1) Discharges a firearm, other than a machine gun or a
9 firearm equipped with a silencer, and causes any injury to
10 another person.
11 (2) Discharges a firearm, other than a machine gun or a
12 firearm equipped with a silencer, and causes any injury to
13 a person he or she knows to be a peace officer, community
14 policing volunteer, person summoned by a police officer,
15 fireman, private security officer, correctional
16 institution employee, or emergency management worker:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (3) Discharges a firearm, other than a machine gun or a
23 firearm equipped with a silencer, and causes any injury to
24 a person he or she knows to be an emergency medical
25 technician employed by a municipality or other
26 governmental unit:

SB1640- 79 -LRB099 02653 RLC 22659 b
1 (i) performing his or her official duties;
2 (ii) battered to prevent performance of his or her
3 official duties; or
4 (iii) battered in retaliation for performing his
5 or her official duties.
6 (4) Discharges a firearm and causes any injury to a
7 person he or she knows to be a teacher, a student in a
8 school, or a school employee, and the teacher, student, or
9 employee is upon school grounds or grounds adjacent to a
10 school or in any part of a building used for school
11 purposes.
12 (5) Discharges a machine gun or a firearm equipped with
13 a silencer, and causes any injury to another person.
14 (6) Discharges a machine gun or a firearm equipped with
15 a silencer, and causes any injury to a person he or she
16 knows to be a peace officer, community policing volunteer,
17 person summoned by a police officer, fireman, private
18 security officer, correctional institution employee or
19 emergency management worker:
20 (i) performing his or her official duties;
21 (ii) battered to prevent performance of his or her
22 official duties; or
23 (iii) battered in retaliation for performing his
24 or her official duties.
25 (7) Discharges a machine gun or a firearm equipped with
26 a silencer, and causes any injury to a person he or she

SB1640- 80 -LRB099 02653 RLC 22659 b
1 knows to be an emergency medical technician employed by a
2 municipality or other governmental unit:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (8) Discharges a machine gun or a firearm equipped with
9 a silencer, and causes any injury to a person he or she
10 knows to be a teacher, or a student in a school, or a
11 school employee, and the teacher, student, or employee is
12 upon school grounds or grounds adjacent to a school or in
13 any part of a building used for school purposes.
14 (f) Offense based on use of a weapon or device. A person
15commits aggravated battery when, in committing a battery, he or
16she does any of the following:
17 (1) Uses a deadly weapon other than by discharge of a
18 firearm, or uses an air rifle as defined in Section
19 24.8-0.1 of this Code.
20 (2) Wears a hood, robe, or mask to conceal his or her
21 identity.
22 (3) Knowingly and without lawful justification shines
23 or flashes a laser gunsight or other laser device attached
24 to a firearm, or used in concert with a firearm, so that
25 the laser beam strikes upon or against the person of
26 another.

SB1640- 81 -LRB099 02653 RLC 22659 b
1 (4) Knowingly video or audio records the offense with
2 the intent to disseminate the recording.
3 (g) Offense based on certain conduct. A person commits
4aggravated battery when, other than by discharge of a firearm,
5he or she does any of the following:
6 (1) Violates Section 401 of the Illinois Controlled
7 Substances Act by unlawfully delivering a controlled
8 substance to another and any user experiences great bodily
9 harm or permanent disability as a result of the injection,
10 inhalation, or ingestion of any amount of the controlled
11 substance.
12 (2) Knowingly administers to an individual or causes
13 him or her to take, without his or her consent or by threat
14 or deception, and for other than medical purposes, any
15 intoxicating, poisonous, stupefying, narcotic, anesthetic,
16 or controlled substance, or gives to another person any
17 food containing any substance or object intended to cause
18 physical injury if eaten.
19 (3) Knowingly causes or attempts to cause a
20 correctional institution employee or Department of Human
21 Services employee to come into contact with blood, seminal
22 fluid, urine, or feces by throwing, tossing, or expelling
23 the fluid or material, and the person is an inmate of a
24 penal institution or is a sexually dangerous person or
25 sexually violent person in the custody of the Department of
26 Human Services.

SB1640- 82 -LRB099 02653 RLC 22659 b
1 (h) Sentence. Unless otherwise provided, aggravated
2battery is a Class 3 felony.
3 Aggravated battery as defined in subdivision (a)(4),
4(d)(4), or (g)(3) is a Class 2 felony.
5 Aggravated battery as defined in subdivision (a)(3) or
6(g)(1) is a Class 1 felony.
7 Aggravated battery as defined in subdivision (a)(1) is a
8Class 1 felony when the aggravated battery was intentional and
9involved the infliction of torture, as defined in paragraph
10(14) of subsection (b) of Section 9-1 of this Code, as the
11infliction of or subjection to extreme physical pain, motivated
12by an intent to increase or prolong the pain, suffering, or
13agony of the victim.
14 Aggravated battery under subdivision (a)(5) is a Class 1
15felony if:
16 (A) the person used or attempted to use a dangerous
17 instrument while committing the offense; or
18 (B) the person caused great bodily harm or permanent
19 disability or disfigurement to the other person while
20 committing the offense; or
21 (C) the person has been previously convicted of a
22 violation of subdivision (a)(5) under the laws of this
23 State or laws similar to subdivision (a)(5) of any other
24 state.
25 Aggravated battery as defined in subdivision (e)(1) is a
26Class X felony.

SB1640- 83 -LRB099 02653 RLC 22659 b
1 Aggravated battery as defined in subdivision (a)(2) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 6 years and a maximum of 45
4years.
5 Aggravated battery as defined in subdivision (e)(5) is a
6Class X felony for which a person shall be sentenced to a term
7of imprisonment of a minimum of 12 years and a maximum of 45
8years.
9 Aggravated battery as defined in subdivision (e)(2),
10(e)(3), or (e)(4) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 15 years
12and a maximum of 60 years.
13 Aggravated battery as defined in subdivision (e)(6),
14(e)(7), or (e)(8) is a Class X felony for which a person shall
15be sentenced to a term of imprisonment of a minimum of 20 years
16and a maximum of 60 years.
17 Aggravated battery as defined in subdivision (b)(1) is a
18Class X felony, except that:
19 (1) if the person committed the offense while armed
20 with a firearm, 15 years shall be added to the term of
21 imprisonment imposed by the court;
22 (2) if, during the commission of the offense, the
23 person personally discharged a firearm, 20 years shall be
24 added to the term of imprisonment imposed by the court;
25 (3) if, during the commission of the offense, the
26 person personally discharged a firearm that proximately

SB1640- 84 -LRB099 02653 RLC 22659 b
1 caused great bodily harm, permanent disability, permanent
2 disfigurement, or death to another person, 25 years or up
3 to a term of natural life shall be added to the term of
4 imprisonment imposed by the court.
5 (i) Definitions. For the purposes of this Section:
6 "Building or other structure used to provide shelter" has
7the meaning ascribed to "shelter" in Section 1 of the Domestic
8Violence Shelters Act.
9 "Domestic violence" has the meaning ascribed to it in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11 "Domestic violence shelter" means any building or other
12structure used to provide shelter or other services to victims
13or to the dependent children of victims of domestic violence
14pursuant to the Illinois Domestic Violence Act of 1986 or the
15Domestic Violence Shelters Act, or any place within 500 feet of
16such a building or other structure in the case of a person who
17is going to or from such a building or other structure.
18 "Firearm" has the meaning provided under Section 2-7.5 of
19this Code 1.1 of the Firearm Owners Identification Card Act,
20and does not include an air rifle as defined by Section
2124.8-0.1 of this Code.
22 "Machine gun" has the meaning ascribed to it in Section
2324-1 of this Code.
24 "Merchant" has the meaning ascribed to it in Section 16-0.1
25of this Code.
26 "Strangle" means intentionally impeding the normal

SB1640- 85 -LRB099 02653 RLC 22659 b
1breathing or circulation of the blood of an individual by
2applying pressure on the throat or neck of that individual or
3by blocking the nose or mouth of that individual.
4(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
51-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
6eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
7eff. 7-16-14.)
8 (720 ILCS 5/16-0.1)
9 Sec. 16-0.1. Definitions. In this Article, unless the
10context clearly requires otherwise, the following terms are
11defined as indicated:
12 "Access" means to use, instruct, communicate with, store
13data in, retrieve or intercept data from, or otherwise utilize
14any services of a computer.
15 "Coin-operated machine" includes any automatic vending
16machine or any part thereof, parking meter, coin telephone,
17coin-operated transit turnstile, transit fare box, coin
18laundry machine, coin dry cleaning machine, amusement machine,
19music machine, vending machine dispensing goods or services, or
20money changer.
21 "Communication device" means any type of instrument,
22device, machine, or equipment which is capable of transmitting,
23acquiring, decrypting, or receiving any telephonic,
24electronic, data, Internet access, audio, video, microwave, or
25radio transmissions, signals, communications, or services,

SB1640- 86 -LRB099 02653 RLC 22659 b
1including the receipt, acquisition, transmission, or
2decryption of all such communications, transmissions, signals,
3or services provided by or through any cable television, fiber
4optic, telephone, satellite, microwave, radio, Internet-based,
5data transmission, or wireless distribution network, system or
6facility; or any part, accessory, or component thereof,
7including any computer circuit, security module, smart card,
8software, computer chip, electronic mechanism or other
9component, accessory or part of any communication device which
10is capable of facilitating the transmission, decryption,
11acquisition or reception of all such communications,
12transmissions, signals, or services.
13 "Communication service" means any service lawfully
14provided for a charge or compensation to facilitate the lawful
15origination, transmission, emission, or reception of signs,
16signals, data, writings, images, and sounds or intelligence of
17any nature by telephone, including cellular telephones or a
18wire, wireless, radio, electromagnetic, photo-electronic or
19photo-optical system; and also any service lawfully provided by
20any radio, telephone, cable television, fiber optic,
21satellite, microwave, Internet-based or wireless distribution
22network, system, facility or technology, including, but not
23limited to, any and all electronic, data, video, audio,
24Internet access, telephonic, microwave and radio
25communications, transmissions, signals and services, and any
26such communications, transmissions, signals and services

SB1640- 87 -LRB099 02653 RLC 22659 b
1lawfully provided directly or indirectly by or through any of
2those networks, systems, facilities or technologies.
3 "Communication service provider" means: (1) any person or
4entity providing any communication service, whether directly
5or indirectly, as a reseller, including, but not limited to, a
6cellular, paging or other wireless communications company or
7other person or entity which, for a fee, supplies the facility,
8cell site, mobile telephone switching office or other equipment
9or communication service; (2) any person or entity owning or
10operating any cable television, fiber optic, satellite,
11telephone, wireless, microwave, radio, data transmission or
12Internet-based distribution network, system or facility; and
13(3) any person or entity providing any communication service
14directly or indirectly by or through any such distribution
15system, network or facility.
16 "Computer" means a device that accepts, processes, stores,
17retrieves or outputs data, and includes but is not limited to
18auxiliary storage and telecommunications devices connected to
19computers.
20 "Continuing course of conduct" means a series of acts, and
21the accompanying mental state necessary for the crime in
22question, irrespective of whether the series of acts are
23continuous or intermittent.
24 "Delivery container" means any bakery basket of wire or
25plastic used to transport or store bread or bakery products,
26any dairy case of wire or plastic used to transport or store

SB1640- 88 -LRB099 02653 RLC 22659 b
1dairy products, and any dolly or cart of 2 or 4 wheels used to
2transport or store any bakery or dairy product.
3 "Document-making implement" means any implement,
4impression, template, computer file, computer disc, electronic
5device, computer hardware, computer software, instrument, or
6device that is used to make a real or fictitious or fraudulent
7personal identification document.
8 "Financial transaction device" means any of the following:
9 (1) An electronic funds transfer card.
10 (2) A credit card.
11 (3) A debit card.
12 (4) A point-of-sale card.
13 (5) Any instrument, device, card, plate, code, account
14 number, personal identification number, or a record or copy
15 of a code, account number, or personal identification
16 number or other means of access to a credit account or
17 deposit account, or a driver's license or State
18 identification card used to access a proprietary account,
19 other than access originated solely by a paper instrument,
20 that can be used alone or in conjunction with another
21 access device, for any of the following purposes:
22 (A) Obtaining money, cash refund or credit
23 account, credit, goods, services, or any other thing of
24 value.
25 (B) Certifying or guaranteeing to a person or
26 business the availability to the device holder of funds

SB1640- 89 -LRB099 02653 RLC 22659 b
1 on deposit to honor a draft or check payable to the
2 order of that person or business.
3 (C) Providing the device holder access to a deposit
4 account for the purpose of making deposits,
5 withdrawing funds, transferring funds between deposit
6 accounts, obtaining information pertaining to a
7 deposit account, or making an electronic funds
8 transfer.
9 "Full retail value" means the merchant's stated or
10advertised price of the merchandise. "Full retail value"
11includes the aggregate value of property obtained from retail
12thefts committed by the same person as part of a continuing
13course of conduct from one or more mercantile establishments in
14a single transaction or in separate transactions over a period
15of one year.
16 "Internet" means an interactive computer service or system
17or an information service, system, or access software provider
18that provides or enables computer access by multiple users to a
19computer server, and includes, but is not limited to, an
20information service, system, or access software provider that
21provides access to a network system commonly known as the
22Internet, or any comparable system or service and also
23includes, but is not limited to, a World Wide Web page,
24newsgroup, message board, mailing list, or chat area on any
25interactive computer service or system or other online service.
26 "Library card" means a card or plate issued by a library

SB1640- 90 -LRB099 02653 RLC 22659 b
1facility for purposes of identifying the person to whom the
2library card was issued as authorized to borrow library
3material, subject to all limitations and conditions imposed on
4the borrowing by the library facility issuing such card.
5 "Library facility" includes any public library or museum,
6or any library or museum of an educational, historical or
7eleemosynary institution, organization or society.
8 "Library material" includes any book, plate, picture,
9photograph, engraving, painting, sculpture, statue, artifact,
10drawing, map, newspaper, pamphlet, broadside, magazine,
11manuscript, document, letter, microfilm, sound recording,
12audiovisual material, magnetic or other tape, electronic data
13processing record or other documentary, written or printed
14material regardless of physical form or characteristics, or any
15part thereof, belonging to, or on loan to or otherwise in the
16custody of a library facility.
17 "Manufacture or assembly of an unlawful access device"
18means to make, produce or assemble an unlawful access device or
19to modify, alter, program or re-program any instrument, device,
20machine, equipment or software so that it is capable of
21defeating or circumventing any technology, device or software
22used by the provider, owner or licensee of a communication
23service or of any data, audio or video programs or
24transmissions to protect any such communication, data, audio or
25video services, programs or transmissions from unauthorized
26access, acquisition, disclosure, receipt, decryption,

SB1640- 91 -LRB099 02653 RLC 22659 b
1communication, transmission or re-transmission.
2 "Manufacture or assembly of an unlawful communication
3device" means to make, produce or assemble an unlawful
4communication or wireless device or to modify, alter, program
5or reprogram a communication or wireless device to be capable
6of acquiring, disrupting, receiving, transmitting, decrypting,
7or facilitating the acquisition, disruption, receipt,
8transmission or decryption of, a communication service without
9the express consent or express authorization of the
10communication service provider, or to knowingly assist others
11in those activities.
12 "Master sound recording" means the original physical
13object on which a given set of sounds were first recorded and
14which the original object from which all subsequent sound
15recordings embodying the same set of sounds are directly or
16indirectly derived.
17 "Merchandise" means any item of tangible personal
18property, including motor fuel.
19 "Merchant" means an owner or operator of any retail
20mercantile establishment or any agent, employee, lessee,
21consignee, officer, director, franchisee, or independent
22contractor of the owner or operator. "Merchant" also means a
23person who receives from an authorized user of a payment card,
24or someone the person believes to be an authorized user, a
25payment card or information from a payment card, or what the
26person believes to be a payment card or information from a

SB1640- 92 -LRB099 02653 RLC 22659 b
1payment card, as the instrument for obtaining, purchasing or
2receiving goods, services, money, or anything else of value
3from the person.
4 "Motor fuel" means a liquid, regardless of its properties,
5used to propel a vehicle, including gasoline and diesel.
6 "Online" means the use of any electronic or wireless device
7to access the Internet.
8 "Payment card" means a credit card, charge card, debit
9card, or any other card that is issued to an authorized card
10user and that allows the user to obtain, purchase, or receive
11goods, services, money, or anything else of value from a
12merchant.
13 "Person with a disability" means a person who suffers from
14a physical or mental impairment resulting from disease, injury,
15functional disorder or congenital condition that impairs the
16individual's mental or physical ability to independently
17manage his or her property or financial resources, or both.
18 "Personal identification document" means a birth
19certificate, a driver's license, a State identification card, a
20public, government, or private employment identification card,
21a social security card, a license issued under the Firearm
22Concealed Carry Act firearm owner's identification card, a
23credit card, a debit card, or a passport issued to or on behalf
24of a person other than the offender, or any document made or
25issued, or falsely purported to have been made or issued, by or
26under the authority of the United States Government, the State

SB1640- 93 -LRB099 02653 RLC 22659 b
1of Illinois, or any other state political subdivision of any
2state, or any other governmental or quasi-governmental
3organization that is of a type intended for the purpose of
4identification of an individual, or any such document made or
5altered in a manner that it falsely purports to have been made
6on behalf of or issued to another person or by the authority of
7one who did not give that authority.
8 "Personal identifying information" means any of the
9following information:
10 (1) A person's name.
11 (2) A person's address.
12 (3) A person's date of birth.
13 (4) A person's telephone number.
14 (5) A person's driver's license number or State of
15 Illinois identification card as assigned by the Secretary
16 of State of the State of Illinois or a similar agency of
17 another state.
18 (6) A person's social security number.
19 (7) A person's public, private, or government
20 employer, place of employment, or employment
21 identification number.
22 (8) The maiden name of a person's mother.
23 (9) The number assigned to a person's depository
24 account, savings account, or brokerage account.
25 (10) The number assigned to a person's credit or debit
26 card, commonly known as a "Visa Card", "MasterCard",

SB1640- 94 -LRB099 02653 RLC 22659 b
1 "American Express Card", "Discover Card", or other similar
2 cards whether issued by a financial institution,
3 corporation, or business entity.
4 (11) Personal identification numbers.
5 (12) Electronic identification numbers.
6 (13) Digital signals.
7 (14) User names, passwords, and any other word, number,
8 character or combination of the same usable in whole or
9 part to access information relating to a specific
10 individual, or to the actions taken, communications made or
11 received, or other activities or transactions of a specific
12 individual.
13 (15) Any other numbers or information which can be used
14 to access a person's financial resources, or to identify a
15 specific individual, or the actions taken, communications
16 made or received, or other activities or transactions of a
17 specific individual.
18 "Premises of a retail mercantile establishment" includes,
19but is not limited to, the retail mercantile establishment; any
20common use areas in shopping centers; and all parking areas set
21aside by a merchant or on behalf of a merchant for the parking
22of vehicles for the convenience of the patrons of such retail
23mercantile establishment.
24 "Public water, gas, or power supply, or other public
25services" mean any service subject to regulation by the
26Illinois Commerce Commission; any service furnished by a public

SB1640- 95 -LRB099 02653 RLC 22659 b
1utility that is owned and operated by any political
2subdivision, public institution of higher education or
3municipal corporation of this State; any service furnished by
4any public utility that is owned by such political subdivision,
5public institution of higher education, or municipal
6corporation and operated by any of its lessees or operating
7agents; any service furnished by an electric cooperative as
8defined in Section 3.4 of the Electric Supplier Act; or
9wireless service or other service regulated by the Federal
10Communications Commission.
11 "Publish" means to communicate or disseminate information
12to any one or more persons, either orally, in person, or by
13telephone, radio or television or in writing of any kind,
14including, without limitation, a letter or memorandum,
15circular or handbill, newspaper or magazine article or book.
16 "Radio frequency identification device" means any
17implement, computer file, computer disc, electronic device,
18computer hardware, computer software, or instrument that is
19used to activate, read, receive, or decode information stored
20on a RFID tag or transponder attached to a personal
21identification document.
22 "RFID tag or transponder" means a chip or device that
23contains personal identifying information from which the
24personal identifying information can be read or decoded by
25another device emitting a radio frequency that activates or
26powers a radio frequency emission response from the chip or

SB1640- 96 -LRB099 02653 RLC 22659 b
1transponder.
2 "Reencoder" means an electronic device that places encoded
3information from the magnetic strip or stripe of a payment card
4onto the magnetic strip or stripe of a different payment card.
5 "Retail mercantile establishment" means any place where
6merchandise is displayed, held, stored or offered for sale to
7the public.
8 "Scanning device" means a scanner, reader, or any other
9electronic device that is used to access, read, scan, obtain,
10memorize, or store, temporarily or permanently, information
11encoded on the magnetic strip or stripe of a payment card.
12 "Shopping cart" means those push carts of the type or types
13which are commonly provided by grocery stores, drug stores or
14other retail mercantile establishments for the use of the
15public in transporting commodities in stores and markets and,
16incidentally, from the stores to a place outside the store.
17 "Sound or audio visual recording" means any sound or audio
18visual phonograph record, disc, pre-recorded tape, film, wire,
19magnetic tape or other object, device or medium, now known or
20hereafter invented, by which sounds or images may be reproduced
21with or without the use of any additional machine, equipment or
22device.
23 "Theft detection device remover" means any tool or device
24specifically designed and intended to be used to remove any
25theft detection device from any merchandise.
26 "Under-ring" means to cause the cash register or other

SB1640- 97 -LRB099 02653 RLC 22659 b
1sales recording device to reflect less than the full retail
2value of the merchandise.
3 "Unidentified sound or audio visual recording" means a
4sound or audio visual recording without the actual name and
5full and correct street address of the manufacturer, and the
6name of the actual performers or groups prominently and legibly
7printed on the outside cover or jacket and on the label of such
8sound or audio visual recording.
9 "Unlawful access device" means any type of instrument,
10device, machine, equipment, technology, or software which is
11primarily possessed, used, designed, assembled, manufactured,
12sold, distributed or offered, promoted or advertised for the
13purpose of defeating or circumventing any technology, device or
14software, or any component or part thereof, used by the
15provider, owner or licensee of any communication service or of
16any data, audio or video programs or transmissions to protect
17any such communication, audio or video services, programs or
18transmissions from unauthorized access, acquisition, receipt,
19decryption, disclosure, communication, transmission or
20re-transmission.
21 "Unlawful communication device" means any electronic
22serial number, mobile identification number, personal
23identification number or any communication or wireless device
24that is capable of acquiring or facilitating the acquisition of
25a communication service without the express consent or express
26authorization of the communication service provider, or that

SB1640- 98 -LRB099 02653 RLC 22659 b
1has been altered, modified, programmed or reprogrammed, alone
2or in conjunction with another communication or wireless device
3or other equipment, to so acquire or facilitate the
4unauthorized acquisition of a communication service. "Unlawful
5communication device" also means:
6 (1) any phone altered to obtain service without the
7 express consent or express authorization of the
8 communication service provider, tumbler phone, counterfeit
9 or clone phone, tumbler microchip, counterfeit or clone
10 microchip, scanning receiver of wireless communication
11 service or other instrument capable of disguising its
12 identity or location or of gaining unauthorized access to a
13 communications or wireless system operated by a
14 communication service provider; and
15 (2) any communication or wireless device which is
16 capable of, or has been altered, designed, modified,
17 programmed or reprogrammed, alone or in conjunction with
18 another communication or wireless device or devices, so as
19 to be capable of, facilitating the disruption,
20 acquisition, receipt, transmission or decryption of a
21 communication service without the express consent or
22 express authorization of the communication service
23 provider, including, but not limited to, any device,
24 technology, product, service, equipment, computer software
25 or component or part thereof, primarily distributed, sold,
26 designed, assembled, manufactured, modified, programmed,

SB1640- 99 -LRB099 02653 RLC 22659 b
1 reprogrammed or used for the purpose of providing the
2 unauthorized receipt of, transmission of, disruption of,
3 decryption of, access to or acquisition of any
4 communication service provided by any communication
5 service provider.
6 "Vehicle" means a motor vehicle, motorcycle, or farm
7implement that is self-propelled and that uses motor fuel for
8propulsion.
9 "Wireless device" includes any type of instrument, device,
10machine, or equipment that is capable of transmitting or
11receiving telephonic, electronic or radio communications, or
12any part of such instrument, device, machine, or equipment, or
13any computer circuit, computer chip, electronic mechanism, or
14other component that is capable of facilitating the
15transmission or reception of telephonic, electronic, or radio
16communications.
17(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
181-1-12; 97-1109, eff. 1-1-13.)
19 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
20 Sec. 17-30. Defaced, altered, or removed manufacturer or
21owner identification number.
22 (a) Unlawful sale of household appliances. A person commits
23unlawful sale of household appliances when he or she knowingly,
24with the intent to defraud or deceive another, keeps for sale,
25within any commercial context, any household appliance with a

SB1640- 100 -LRB099 02653 RLC 22659 b
1missing, defaced, obliterated, or otherwise altered
2manufacturer's identification number.
3 (b) Construction equipment identification defacement. A
4person commits construction equipment identification
5defacement when he or she knowingly changes, alters, removes,
6mutilates, or obliterates a permanently affixed serial number,
7product identification number, part number, component
8identification number, owner-applied identification, or other
9mark of identification attached to or stamped, inscribed,
10molded, or etched into a machine or other equipment, whether
11stationary or mobile or self-propelled, or a part of such
12machine or equipment, used in the construction, maintenance, or
13demolition of buildings, structures, bridges, tunnels, sewers,
14utility pipes or lines, ditches or open cuts, roads, highways,
15dams, airports, or waterways or in material handling for such
16projects.
17 The trier of fact may infer that the defendant has
18knowingly changed, altered, removed, or obliterated the serial
19number, product identification number, part number, component
20identification number, owner-applied identification number, or
21other mark of identification, if the defendant was in
22possession of any machine or other equipment or a part of such
23machine or equipment used in the construction, maintenance, or
24demolition of buildings, structures, bridges, tunnels, sewers,
25utility pipes or lines, ditches or open cuts, roads, highways,
26dams, airports, or waterways or in material handling for such

SB1640- 101 -LRB099 02653 RLC 22659 b
1projects upon which any such serial number, product
2identification number, part number, component identification
3number, owner-applied identification number, or other mark of
4identification has been changed, altered, removed, or
5obliterated.
6 (c) Defacement of manufacturer's serial number or
7identification mark. A person commits defacement of a
8manufacturer's serial number or identification mark when he or
9she knowingly removes, alters, defaces, covers, or destroys the
10manufacturer's serial number or any other manufacturer's
11number or distinguishing identification mark upon any machine
12or other article of merchandise, other than a motor vehicle as
13defined in Section 1-146 of the Illinois Vehicle Code or a
14firearm as defined in the Firearm Owners Identification Card
15Act, with the intent of concealing or destroying the identity
16of such machine or other article of merchandise.
17 (d) Sentence.
18 (1) A violation of subsection (a) of this Section is a
19 Class 4 felony if the value of the appliance or appliances
20 exceeds $1,000 and a Class B misdemeanor if the value of
21 the appliance or appliances is $1,000 or less.
22 (2) A violation of subsection (b) of this Section is a
23 Class A misdemeanor.
24 (3) A violation of subsection (c) of this Section is a
25 Class B misdemeanor.
26 (e) No liability shall be imposed upon any person for the

SB1640- 102 -LRB099 02653 RLC 22659 b
1unintentional failure to comply with subsection (a).
2 (f) Definitions. In this Section:
3 "Commercial context" means a continuing business
4enterprise conducted for profit by any person whose primary
5business is the wholesale or retail marketing of household
6appliances, or a significant portion of whose business or
7inventory consists of household appliances kept or sold on a
8wholesale or retail basis.
9 "Household appliance" means any gas or electric device or
10machine marketed for use as home entertainment or for
11facilitating or expediting household tasks or chores. The term
12shall include but not necessarily be limited to refrigerators,
13freezers, ranges, radios, television sets, vacuum cleaners,
14toasters, dishwashers, and other similar household items.
15 "Manufacturer's identification number" means any serial
16number or other similar numerical or alphabetical designation
17imprinted upon or attached to or placed, stamped, or otherwise
18imprinted upon or attached to a household appliance or item by
19the manufacturer for purposes of identifying a particular
20appliance or item individually or by lot number.
21(Source: P.A. 96-1551, eff. 7-1-11.)
22 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
23 Sec. 24-1. Unlawful Use of Weapons.
24 (a) A person commits the offense of unlawful use of weapons
25when he knowingly:

SB1640- 103 -LRB099 02653 RLC 22659 b
1 (1) Sells, manufactures, purchases, possesses or
2 carries any bludgeon, black-jack, slung-shot, sand-club,
3 sand-bag, metal knuckles or other knuckle weapon
4 regardless of its composition, throwing star, or any knife,
5 commonly referred to as a switchblade knife, which has a
6 blade that opens automatically by hand pressure applied to
7 a button, spring or other device in the handle of the
8 knife, or a ballistic knife, which is a device that propels
9 a knifelike blade as a projectile by means of a coil
10 spring, elastic material or compressed gas; or
11 (2) Carries or possesses with intent to use the same
12 unlawfully against another, a dagger, dirk, billy,
13 dangerous knife, razor, stiletto, broken bottle or other
14 piece of glass, stun gun or taser or any other dangerous or
15 deadly weapon or instrument of like character; or
16 (3) Carries on or about his person or in any vehicle, a
17 tear gas gun projector or bomb or any object containing
18 noxious liquid gas or substance, other than an object
19 containing a non-lethal noxious liquid gas or substance
20 designed solely for personal defense carried by a person 18
21 years of age or older; or
22 (4) Carries or possesses in any vehicle or concealed on
23 or about his person except when on his land or in his own
24 abode, legal dwelling, or fixed place of business, or on
25 the land or in the legal dwelling of another person as an
26 invitee with that person's permission, any pistol,

SB1640- 104 -LRB099 02653 RLC 22659 b
1 revolver, stun gun or taser or other firearm, except that
2 this subsection (a) (4) does not apply to or affect
3 transportation of weapons that meet one of the following
4 conditions:
5 (i) are broken down in a non-functioning state; or
6 (ii) are not immediately accessible; or
7 (iii) are unloaded and enclosed in a case, firearm
8 carrying box, shipping box, or other container by a
9 person eligible under State and federal law to possess
10 a firearm who has been issued a currently valid Firearm
11 Owner's Identification Card; or
12 (5) Sets a spring gun; or
13 (6) Possesses any device or attachment of any kind
14 designed, used or intended for use in silencing the report
15 of any firearm; or
16 (7) Sells, manufactures, purchases, possesses or
17 carries:
18 (i) a machine gun, which shall be defined for the
19 purposes of this subsection as any weapon, which
20 shoots, is designed to shoot, or can be readily
21 restored to shoot, automatically more than one shot
22 without manually reloading by a single function of the
23 trigger, including the frame or receiver of any such
24 weapon, or sells, manufactures, purchases, possesses,
25 or carries any combination of parts designed or
26 intended for use in converting any weapon into a

SB1640- 105 -LRB099 02653 RLC 22659 b
1 machine gun, or any combination or parts from which a
2 machine gun can be assembled if such parts are in the
3 possession or under the control of a person;
4 (ii) any rifle having one or more barrels less than
5 16 inches in length or a shotgun having one or more
6 barrels less than 18 inches in length or any weapon
7 made from a rifle or shotgun, whether by alteration,
8 modification, or otherwise, if such a weapon as
9 modified has an overall length of less than 26 inches;
10 or
11 (iii) any bomb, bomb-shell, grenade, bottle or
12 other container containing an explosive substance of
13 over one-quarter ounce for like purposes, such as, but
14 not limited to, black powder bombs and Molotov
15 cocktails or artillery projectiles; or
16 (8) Carries or possesses any firearm, stun gun or taser
17 or other deadly weapon in any place which is licensed to
18 sell intoxicating beverages, or at any public gathering
19 held pursuant to a license issued by any governmental body
20 or any public gathering at which an admission is charged,
21 excluding a place where a showing, demonstration or lecture
22 involving the exhibition of unloaded firearms is
23 conducted.
24 This subsection (a)(8) does not apply to any auction or
25 raffle of a firearm held pursuant to a license or permit
26 issued by a governmental body, nor does it apply to persons

SB1640- 106 -LRB099 02653 RLC 22659 b
1 engaged in firearm safety training courses; or
2 (9) Carries or possesses in a vehicle or on or about
3 his person any pistol, revolver, stun gun or taser or
4 firearm or ballistic knife, when he is hooded, robed or
5 masked in such manner as to conceal his identity; or
6 (10) Carries or possesses on or about his person, upon
7 any public street, alley, or other public lands within the
8 corporate limits of a city, village or incorporated town,
9 except when an invitee thereon or therein, for the purpose
10 of the display of such weapon or the lawful commerce in
11 weapons, or except when on his land or in his own abode,
12 legal dwelling, or fixed place of business, or on the land
13 or in the legal dwelling of another person as an invitee
14 with that person's permission, any pistol, revolver, stun
15 gun or taser or other firearm, except that this subsection
16 (a) (10) does not apply to or affect transportation of
17 weapons that meet one of the following conditions:
18 (i) are broken down in a non-functioning state; or
19 (ii) are not immediately accessible; or
20 (iii) are unloaded and enclosed in a case, firearm
21 carrying box, shipping box, or other container by a
22 person eligible under State or federal law to possess a
23 firearm who has been issued a currently valid Firearm
24 Owner's Identification Card.
25 A "stun gun or taser", as used in this paragraph (a)
26 means (i) any device which is powered by electrical

SB1640- 107 -LRB099 02653 RLC 22659 b
1 charging units, such as, batteries, and which fires one or
2 several barbs attached to a length of wire and which, upon
3 hitting a human, can send out a current capable of
4 disrupting the person's nervous system in such a manner as
5 to render him incapable of normal functioning or (ii) any
6 device which is powered by electrical charging units, such
7 as batteries, and which, upon contact with a human or
8 clothing worn by a human, can send out current capable of
9 disrupting the person's nervous system in such a manner as
10 to render him incapable of normal functioning; or
11 (11) Sells, manufactures or purchases any explosive
12 bullet. For purposes of this paragraph (a) "explosive
13 bullet" means the projectile portion of an ammunition
14 cartridge which contains or carries an explosive charge
15 which will explode upon contact with the flesh of a human
16 or an animal. "Cartridge" means a tubular metal case having
17 a projectile affixed at the front thereof and a cap or
18 primer at the rear end thereof, with the propellant
19 contained in such tube between the projectile and the cap;
20 or
21 (12) (Blank); or
22 (13) Carries or possesses on or about his or her person
23 while in a building occupied by a unit of government, a
24 billy club, other weapon of like character, or other
25 instrument of like character intended for use as a weapon.
26 For the purposes of this Section, "billy club" means a

SB1640- 108 -LRB099 02653 RLC 22659 b
1 short stick or club commonly carried by police officers
2 which is either telescopic or constructed of a solid piece
3 of wood or other man-made material.
4 (b) Sentence. A person convicted of a violation of
5subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
6subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
7Class A misdemeanor. A person convicted of a violation of
8subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
9person convicted of a violation of subsection 24-1(a)(6) or
1024-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
11convicted of a violation of subsection 24-1(a)(7)(i) commits a
12Class 2 felony and shall be sentenced to a term of imprisonment
13of not less than 3 years and not more than 7 years, unless the
14weapon is possessed in the passenger compartment of a motor
15vehicle as defined in Section 1-146 of the Illinois Vehicle
16Code, or on the person, while the weapon is loaded, in which
17case it shall be a Class X felony. A person convicted of a
18second or subsequent violation of subsection 24-1(a)(4),
1924-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
20felony. The possession of each weapon in violation of this
21Section constitutes a single and separate violation.
22 (c) Violations in specific places.
23 (1) A person who violates subsection 24-1(a)(6) or
24 24-1(a)(7) in any school, regardless of the time of day or
25 the time of year, in residential property owned, operated
26 or managed by a public housing agency or leased by a public

SB1640- 109 -LRB099 02653 RLC 22659 b
1 housing agency as part of a scattered site or mixed-income
2 development, in a public park, in a courthouse, on the real
3 property comprising any school, regardless of the time of
4 day or the time of year, on residential property owned,
5 operated or managed by a public housing agency or leased by
6 a public housing agency as part of a scattered site or
7 mixed-income development, on the real property comprising
8 any public park, on the real property comprising any
9 courthouse, in any conveyance owned, leased or contracted
10 by a school to transport students to or from school or a
11 school related activity, in any conveyance owned, leased,
12 or contracted by a public transportation agency, or on any
13 public way within 1,000 feet of the real property
14 comprising any school, public park, courthouse, public
15 transportation facility, or residential property owned,
16 operated, or managed by a public housing agency or leased
17 by a public housing agency as part of a scattered site or
18 mixed-income development commits a Class 2 felony and shall
19 be sentenced to a term of imprisonment of not less than 3
20 years and not more than 7 years.
21 (1.5) A person who violates subsection 24-1(a)(4),
22 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
23 time of day or the time of year, in residential property
24 owned, operated, or managed by a public housing agency or
25 leased by a public housing agency as part of a scattered
26 site or mixed-income development, in a public park, in a

SB1640- 110 -LRB099 02653 RLC 22659 b
1 courthouse, on the real property comprising any school,
2 regardless of the time of day or the time of year, on
3 residential property owned, operated, or managed by a
4 public housing agency or leased by a public housing agency
5 as part of a scattered site or mixed-income development, on
6 the real property comprising any public park, on the real
7 property comprising any courthouse, in any conveyance
8 owned, leased, or contracted by a school to transport
9 students to or from school or a school related activity, in
10 any conveyance owned, leased, or contracted by a public
11 transportation agency, or on any public way within 1,000
12 feet of the real property comprising any school, public
13 park, courthouse, public transportation facility, or
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
17 commits a Class 3 felony.
18 (2) A person who violates subsection 24-1(a)(1),
19 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
20 time of day or the time of year, in residential property
21 owned, operated or managed by a public housing agency or
22 leased by a public housing agency as part of a scattered
23 site or mixed-income development, in a public park, in a
24 courthouse, on the real property comprising any school,
25 regardless of the time of day or the time of year, on
26 residential property owned, operated or managed by a public

SB1640- 111 -LRB099 02653 RLC 22659 b
1 housing agency or leased by a public housing agency as part
2 of a scattered site or mixed-income development, on the
3 real property comprising any public park, on the real
4 property comprising any courthouse, in any conveyance
5 owned, leased or contracted by a school to transport
6 students to or from school or a school related activity, in
7 any conveyance owned, leased, or contracted by a public
8 transportation agency, or on any public way within 1,000
9 feet of the real property comprising any school, public
10 park, courthouse, public transportation facility, or
11 residential property owned, operated, or managed by a
12 public housing agency or leased by a public housing agency
13 as part of a scattered site or mixed-income development
14 commits a Class 4 felony. "Courthouse" means any building
15 that is used by the Circuit, Appellate, or Supreme Court of
16 this State for the conduct of official business.
17 (3) Paragraphs (1), (1.5), and (2) of this subsection
18 (c) shall not apply to law enforcement officers or security
19 officers of such school, college, or university or to
20 students carrying or possessing firearms for use in
21 training courses, parades, hunting, target shooting on
22 school ranges, or otherwise with the consent of school
23 authorities and which firearms are transported unloaded
24 enclosed in a suitable case, box, or transportation
25 package.
26 (4) For the purposes of this subsection (c), "school"

SB1640- 112 -LRB099 02653 RLC 22659 b
1 means any public or private elementary or secondary school,
2 community college, college, or university.
3 (5) For the purposes of this subsection (c), "public
4 transportation agency" means a public or private agency
5 that provides for the transportation or conveyance of
6 persons by means available to the general public, except
7 for transportation by automobiles not used for conveyance
8 of the general public as passengers; and "public
9 transportation facility" means a terminal or other place
10 where one may obtain public transportation.
11 (d) The presence in an automobile other than a public
12omnibus of any weapon, instrument or substance referred to in
13subsection (a)(7) is prima facie evidence that it is in the
14possession of, and is being carried by, all persons occupying
15such automobile at the time such weapon, instrument or
16substance is found, except under the following circumstances:
17(i) if such weapon, instrument or instrumentality is found upon
18the person of one of the occupants therein; or (ii) if such
19weapon, instrument or substance is found in an automobile
20operated for hire by a duly licensed driver in the due, lawful
21and proper pursuit of his trade, then such presumption shall
22not apply to the driver.
23 (e) Exemptions. Crossbows, Common or Compound bows and
24Underwater Spearguns are exempted from the definition of
25ballistic knife as defined in paragraph (1) of subsection (a)
26of this Section.

SB1640- 113 -LRB099 02653 RLC 22659 b
1(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
295-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
396-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
4 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
5 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
6Felons or Persons in the Custody of the Department of
7Corrections Facilities.
8 (a) It is unlawful for a person to knowingly possess on or
9about his person or on his land or in his own abode or fixed
10place of business any weapon prohibited under Section 24-1 of
11this Act or any firearm or any firearm ammunition if the person
12has been convicted of a felony under the laws of this State or
13any other jurisdiction. This Section shall not apply if the
14person has been granted relief under this subsection by the
15Director of the Department of State Police under Section 10 of
16the Firearm Owners Identification Card Act. A person prohibited
17from possessing a firearm under this subsection (a) may
18petition the Director of State Police for a hearing and relief
19from the prohibition, unless the prohibition was based upon a
20forcible felony, stalking, aggravated stalking, domestic
21battery, any violation of the Illinois Controlled Substances
22Act, the Methamphetamine Control and Community Protection Act,
23or the Cannabis Control Act that is classified as a Class 2 or
24greater felony, any felony violation of Article 24 of the
25Criminal Code of 1961 or the Criminal Code of 2012, or any

SB1640- 114 -LRB099 02653 RLC 22659 b
1adjudication as a delinquent minor for the commission of an
2offense that if committed by an adult would be a felony, in
3which case the person may petition the circuit court in writing
4in the county of his or her residence for a hearing and relief
5from the prohibition. The Director or court may grant the
6relief if it is established by the petitioner to the court's or
7Director's satisfaction that:
8 (1) when in the circuit court, the State's Attorney has
9 been served with a written copy of the petition at least 30
10 days before any hearing in the circuit court and at the
11 hearing the State's Attorney was afforded an opportunity to
12 present evidence and object to the petition;
13 (2) the petitioner has not been convicted of a forcible
14 felony under the laws of this State or any other
15 jurisdiction within 20 years of the filing of the petition,
16 or at least 20 years have passed since the end of any
17 period of imprisonment imposed in relation to that
18 conviction;
19 (3) the circumstances regarding a criminal conviction,
20 where applicable, the petitioner's criminal history and
21 his or her reputation are such that the petitioner will not
22 be likely to act in a manner dangerous to public safety;
23 (4) granting relief would not be contrary to the public
24 interest; and
25 (5) granting relief would not be contrary to federal
26 law.

SB1640- 115 -LRB099 02653 RLC 22659 b
1 (b) It is unlawful for any person confined in a penal
2institution, which is a facility of the Illinois Department of
3Corrections, to possess any weapon prohibited under Section
424-1 of this Code or any firearm or firearm ammunition,
5regardless of the intent with which he possesses it.
6 (c) It shall be an affirmative defense to a violation of
7subsection (b), that such possession was specifically
8authorized by rule, regulation, or directive of the Illinois
9Department of Corrections or order issued pursuant thereto.
10 (d) The defense of necessity is not available to a person
11who is charged with a violation of subsection (b) of this
12Section.
13 (e) Sentence. Violation of this Section by a person not
14confined in a penal institution shall be a Class 3 felony for
15which the person shall be sentenced to no less than 2 years and
16no more than 10 years and any second or subsequent violation
17shall be a Class 2 felony for which the person shall be
18sentenced to a term of imprisonment of not less than 3 years
19and not more than 14 years. Violation of this Section by a
20person not confined in a penal institution who has been
21convicted of a forcible felony, a felony violation of Article
2224 of this Code or of the Firearm Owners Identification Card
23Act, stalking or aggravated stalking, or a Class 2 or greater
24felony under the Illinois Controlled Substances Act, the
25Cannabis Control Act, or the Methamphetamine Control and
26Community Protection Act is a Class 2 felony for which the

SB1640- 116 -LRB099 02653 RLC 22659 b
1person shall be sentenced to not less than 3 years and not more
2than 14 years. Violation of this Section by a person who is on
3parole or mandatory supervised release is a Class 2 felony for
4which the person shall be sentenced to not less than 3 years
5and not more than 14 years. Violation of this Section by a
6person not confined in a penal institution is a Class X felony
7when the firearm possessed is a machine gun. Any person who
8violates this Section while confined in a penal institution,
9which is a facility of the Illinois Department of Corrections,
10is guilty of a Class 1 felony, if he possesses any weapon
11prohibited under Section 24-1 of this Code regardless of the
12intent with which he possesses it, a Class X felony if he
13possesses any firearm, firearm ammunition or explosive, and a
14Class X felony for which the offender shall be sentenced to not
15less than 12 years and not more than 50 years when the firearm
16possessed is a machine gun. A violation of this Section while
17wearing or in possession of body armor as defined in Section
1833F-1 is a Class X felony punishable by a term of imprisonment
19of not less than 10 years and not more than 40 years. The
20possession of each firearm or firearm ammunition in violation
21of this Section constitutes a single and separate violation.
22(Source: P.A. 97-237, eff. 1-1-12.)
23 (720 ILCS 5/24-1.6)
24 Sec. 24-1.6. Aggravated unlawful use of a weapon.
25 (a) A person commits the offense of aggravated unlawful use

SB1640- 117 -LRB099 02653 RLC 22659 b
1of a weapon when he or she knowingly:
2 (1) Carries on or about his or her person or in any
3 vehicle or concealed on or about his or her person except
4 when on his or her land or in his or her abode, legal
5 dwelling, or fixed place of business, or on the land or in
6 the legal dwelling of another person as an invitee with
7 that person's permission, any pistol, revolver, stun gun or
8 taser or other firearm; or
9 (2) Carries or possesses on or about his or her person,
10 upon any public street, alley, or other public lands within
11 the corporate limits of a city, village or incorporated
12 town, except when an invitee thereon or therein, for the
13 purpose of the display of such weapon or the lawful
14 commerce in weapons, or except when on his or her own land
15 or in his or her own abode, legal dwelling, or fixed place
16 of business, or on the land or in the legal dwelling of
17 another person as an invitee with that person's permission,
18 any pistol, revolver, stun gun or taser or other firearm;
19 and
20 (3) One of the following factors is present:
21 (A) the firearm, other than a pistol, revolver, or
22 handgun, possessed was uncased, loaded, and
23 immediately accessible at the time of the offense; or
24 (A-5) the pistol, revolver, or handgun possessed
25 was uncased, loaded, and immediately accessible at the
26 time of the offense and the person possessing the

SB1640- 118 -LRB099 02653 RLC 22659 b
1 pistol, revolver, or handgun has not been issued a
2 currently valid license under the Firearm Concealed
3 Carry Act; or
4 (B) the firearm, other than a pistol, revolver, or
5 handgun, possessed was uncased, unloaded, and the
6 ammunition for the weapon was immediately accessible
7 at the time of the offense; or
8 (B-5) the pistol, revolver, or handgun possessed
9 was uncased, unloaded, and the ammunition for the
10 weapon was immediately accessible at the time of the
11 offense and the person possessing the pistol,
12 revolver, or handgun has not been issued a currently
13 valid license under the Firearm Concealed Carry Act; or
14 (C) (blank); or the person possessing the firearm
15 has not been issued a currently valid Firearm Owner's
16 Identification Card; or
17 (D) the person possessing the weapon was
18 previously adjudicated a delinquent minor under the
19 Juvenile Court Act of 1987 for an act that if committed
20 by an adult would be a felony; or
21 (E) the person possessing the weapon was engaged in
22 a misdemeanor violation of the Cannabis Control Act, in
23 a misdemeanor violation of the Illinois Controlled
24 Substances Act, or in a misdemeanor violation of the
25 Methamphetamine Control and Community Protection Act;
26 or

SB1640- 119 -LRB099 02653 RLC 22659 b
1 (F) (blank); or
2 (G) the person possessing the weapon had a order of
3 protection issued against him or her within the
4 previous 2 years; or
5 (H) the person possessing the weapon was engaged in
6 the commission or attempted commission of a
7 misdemeanor involving the use or threat of violence
8 against the person or property of another; or
9 (I) the person possessing the weapon was under 21
10 years of age and in possession of a handgun, unless the
11 person under 21 is engaged in lawful activities under
12 the Wildlife Code or described in subsection
13 24-2(b)(1), (b)(3), or 24-2(f).
14 (a-5) "Handgun" as used in this Section has the meaning
15given to it in Section 5 of the Firearm Concealed Carry Act.
16 (b) "Stun gun or taser" as used in this Section has the
17same definition given to it in Section 24-1 of this Code.
18 (c) This Section does not apply to or affect the
19transportation or possession of weapons that:
20 (i) are broken down in a non-functioning state; or
21 (ii) are not immediately accessible; or
22 (iii) are unloaded and enclosed in a case, firearm
23 carrying box, shipping box, or other container by a person
24 who is eligible under State and federal law to possess a
25 firearm has been issued a currently valid Firearm Owner's
26 Identification Card.

SB1640- 120 -LRB099 02653 RLC 22659 b
1 (d) Sentence.
2 (1) Aggravated unlawful use of a weapon is a Class 4
3 felony; a second or subsequent offense is a Class 2 felony
4 for which the person shall be sentenced to a term of
5 imprisonment of not less than 3 years and not more than 7
6 years.
7 (2) (Blank). Except as otherwise provided in
8 paragraphs (3) and (4) of this subsection (d), a first
9 offense of aggravated unlawful use of a weapon committed
10 with a firearm by a person 18 years of age or older where
11 the factors listed in both items (A) and (C) or both items
12 (A-5) and (C) of paragraph (3) of subsection (a) are
13 present is a Class 4 felony, for which the person shall be
14 sentenced to a term of imprisonment of not less than one
15 year and not more than 3 years.
16 (3) Aggravated unlawful use of a weapon by a person who
17 has been previously convicted of a felony in this State or
18 another jurisdiction is a Class 2 felony for which the
19 person shall be sentenced to a term of imprisonment of not
20 less than 3 years and not more than 7 years.
21 (4) Aggravated unlawful use of a weapon while wearing
22 or in possession of body armor as defined in Section 33F-1
23 by a person who is prohibited under State or federal law
24 from possessing a firearm has not been issued a valid
25 Firearms Owner's Identification Card in accordance with
26 Section 5 of the Firearm Owners Identification Card Act is

SB1640- 121 -LRB099 02653 RLC 22659 b
1 a Class X felony.
2 (e) The possession of each firearm in violation of this
3Section constitutes a single and separate violation.
4(Source: P.A. 98-63, eff. 7-9-13.)
5 (720 ILCS 5/24-1.8)
6 Sec. 24-1.8. Unlawful possession of a firearm by a street
7gang member.
8 (a) A person commits unlawful possession of a firearm by a
9street gang member when he or she knowingly:
10 (1) possesses, carries, or conceals on or about his or
11 her person a firearm and firearm ammunition while on any
12 street, road, alley, gangway, sidewalk, or any other lands,
13 except when inside his or her own abode or inside his or
14 her fixed place of business, and has not been issued a
15 currently valid Firearm Owner's Identification Card and is
16 a member of a street gang; or
17 (2) possesses or carries in any vehicle a firearm and
18 firearm ammunition which are both immediately accessible
19 at the time of the offense while on any street, road,
20 alley, or any other lands, except when inside his or her
21 own abode or garage, and has not been issued a currently
22 valid Firearm Owner's Identification Card and is a member
23 of a street gang.
24 (b) Unlawful possession of a firearm by a street gang
25member is a Class 2 felony for which the person, if sentenced

SB1640- 122 -LRB099 02653 RLC 22659 b
1to a term of imprisonment, shall be sentenced to no less than 3
2years and no more than 10 years. A period of probation, a term
3of periodic imprisonment or conditional discharge shall not be
4imposed for the offense of unlawful possession of a firearm by
5a street gang member when the firearm was loaded or contained
6firearm ammunition and the court shall sentence the offender to
7not less than the minimum term of imprisonment authorized for
8the Class 2 felony.
9 (c) For purposes of this Section:
10 "Street gang" or "gang" has the meaning ascribed to it
11 in Section 10 of the Illinois Streetgang Terrorism Omnibus
12 Prevention Act.
13 "Street gang member" or "gang member" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16(Source: P.A. 96-829, eff. 12-3-09.)
17 (720 ILCS 5/24-2)
18 Sec. 24-2. Exemptions.
19 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
21the following:
22 (1) Peace officers, and any person summoned by a peace
23 officer to assist in making arrests or preserving the
24 peace, while actually engaged in assisting such officer.
25 (2) Wardens, superintendents and keepers of prisons,

SB1640- 123 -LRB099 02653 RLC 22659 b
1 penitentiaries, jails and other institutions for the
2 detention of persons accused or convicted of an offense,
3 while in the performance of their official duty, or while
4 commuting between their homes and places of employment.
5 (3) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard or the
7 Reserve Officers Training Corps, while in the performance
8 of their official duty.
9 (4) Special agents employed by a railroad or a public
10 utility to perform police functions, and guards of armored
11 car companies, while actually engaged in the performance of
12 the duties of their employment or commuting between their
13 homes and places of employment; and watchmen while actually
14 engaged in the performance of the duties of their
15 employment.
16 (5) Persons licensed as private security contractors,
17 private detectives, or private alarm contractors, or
18 employed by an agency certified by the Department of
19 Financial and Professional Regulation, if their duties
20 include the carrying of a weapon under the provisions of
21 the Private Detective, Private Alarm, Private Security,
22 Fingerprint Vendor, and Locksmith Act of 2004, while
23 actually engaged in the performance of the duties of their
24 employment or commuting between their homes and places of
25 employment, provided that such commuting is accomplished
26 within one hour from departure from home or place of

SB1640- 124 -LRB099 02653 RLC 22659 b
1 employment, as the case may be. A person shall be
2 considered eligible for this exemption if he or she has
3 completed the required 20 hours of training for a private
4 security contractor, private detective, or private alarm
5 contractor, or employee of a licensed agency and 20 hours
6 of required firearm training, and has been issued a firearm
7 control card by the Department of Financial and
8 Professional Regulation. Conditions for the renewal of
9 firearm control cards issued under the provisions of this
10 Section shall be the same as for those cards issued under
11 the provisions of the Private Detective, Private Alarm,
12 Private Security, Fingerprint Vendor, and Locksmith Act of
13 2004. The firearm control card shall be carried by the
14 private security contractor, private detective, or private
15 alarm contractor, or employee of the licensed agency at all
16 times when he or she is in possession of a concealable
17 weapon.
18 (6) Any person regularly employed in a commercial or
19 industrial operation as a security guard for the protection
20 of persons employed and private property related to such
21 commercial or industrial operation, while actually engaged
22 in the performance of his or her duty or traveling between
23 sites or properties belonging to the employer, and who, as
24 a security guard, is a member of a security force of at
25 least 5 persons registered with the Department of Financial
26 and Professional Regulation; provided that such security

SB1640- 125 -LRB099 02653 RLC 22659 b
1 guard has successfully completed a course of study,
2 approved by and supervised by the Department of Financial
3 and Professional Regulation, consisting of not less than 40
4 hours of training that includes the theory of law
5 enforcement, liability for acts, and the handling of
6 weapons. A person shall be considered eligible for this
7 exemption if he or she has completed the required 20 hours
8 of training for a security officer and 20 hours of required
9 firearm training, and has been issued a firearm control
10 card by the Department of Financial and Professional
11 Regulation. Conditions for the renewal of firearm control
12 cards issued under the provisions of this Section shall be
13 the same as for those cards issued under the provisions of
14 the Private Detective, Private Alarm, Private Security,
15 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
16 control card shall be carried by the security guard at all
17 times when he or she is in possession of a concealable
18 weapon.
19 (7) Agents and investigators of the Illinois
20 Legislative Investigating Commission authorized by the
21 Commission to carry the weapons specified in subsections
22 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
23 any investigation for the Commission.
24 (8) Persons employed by a financial institution for the
25 protection of other employees and property related to such
26 financial institution, while actually engaged in the

SB1640- 126 -LRB099 02653 RLC 22659 b
1 performance of their duties, commuting between their homes
2 and places of employment, or traveling between sites or
3 properties owned or operated by such financial
4 institution, provided that any person so employed has
5 successfully completed a course of study, approved by and
6 supervised by the Department of Financial and Professional
7 Regulation, consisting of not less than 40 hours of
8 training which includes theory of law enforcement,
9 liability for acts, and the handling of weapons. A person
10 shall be considered to be eligible for this exemption if he
11 or she has completed the required 20 hours of training for
12 a security officer and 20 hours of required firearm
13 training, and has been issued a firearm control card by the
14 Department of Financial and Professional Regulation.
15 Conditions for renewal of firearm control cards issued
16 under the provisions of this Section shall be the same as
17 for those issued under the provisions of the Private
18 Detective, Private Alarm, Private Security, Fingerprint
19 Vendor, and Locksmith Act of 2004. Such firearm control
20 card shall be carried by the person so trained at all times
21 when such person is in possession of a concealable weapon.
22 For purposes of this subsection, "financial institution"
23 means a bank, savings and loan association, credit union or
24 company providing armored car services.
25 (9) Any person employed by an armored car company to
26 drive an armored car, while actually engaged in the

SB1640- 127 -LRB099 02653 RLC 22659 b
1 performance of his duties.
2 (10) Persons who have been classified as peace officers
3 pursuant to the Peace Officer Fire Investigation Act.
4 (11) Investigators of the Office of the State's
5 Attorneys Appellate Prosecutor authorized by the board of
6 governors of the Office of the State's Attorneys Appellate
7 Prosecutor to carry weapons pursuant to Section 7.06 of the
8 State's Attorneys Appellate Prosecutor's Act.
9 (12) Special investigators appointed by a State's
10 Attorney under Section 3-9005 of the Counties Code.
11 (12.5) Probation officers while in the performance of
12 their duties, or while commuting between their homes,
13 places of employment or specific locations that are part of
14 their assigned duties, with the consent of the chief judge
15 of the circuit for which they are employed, if they have
16 received weapons training according to requirements of the
17 Peace Officer and Probation Officer Firearm Training Act.
18 (13) Court Security Officers while in the performance
19 of their official duties, or while commuting between their
20 homes and places of employment, with the consent of the
21 Sheriff.
22 (13.5) A person employed as an armed security guard at
23 a nuclear energy, storage, weapons or development site or
24 facility regulated by the Nuclear Regulatory Commission
25 who has completed the background screening and training
26 mandated by the rules and regulations of the Nuclear

SB1640- 128 -LRB099 02653 RLC 22659 b
1 Regulatory Commission.
2 (14) Manufacture, transportation, or sale of weapons
3 to persons authorized under subdivisions (1) through
4 (13.5) of this subsection to possess those weapons.
5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any of the following:
12 (1) Members of any club or organization organized for
13 the purpose of practicing shooting at targets upon
14 established target ranges, whether public or private, and
15 patrons of such ranges, while such members or patrons are
16 using their firearms on those target ranges.
17 (2) Duly authorized military or civil organizations
18 while parading, with the special permission of the
19 Governor.
20 (3) Hunters, trappers or fishermen with a license or
21 permit while engaged in hunting, trapping or fishing.
22 (4) Transportation of weapons that are broken down in a
23 non-functioning state or are not immediately accessible.
24 (5) Carrying or possessing any pistol, revolver, stun
25 gun or taser or other firearm on the land or in the legal
26 dwelling of another person as an invitee with that person's

SB1640- 129 -LRB099 02653 RLC 22659 b
1 permission.
2 (c) Subsection 24-1(a)(7) does not apply to or affect any
3of the following:
4 (1) Peace officers while in performance of their
5 official duties.
6 (2) Wardens, superintendents and keepers of prisons,
7 penitentiaries, jails and other institutions for the
8 detention of persons accused or convicted of an offense.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard, while in
11 the performance of their official duty.
12 (4) Manufacture, transportation, or sale of machine
13 guns to persons authorized under subdivisions (1) through
14 (3) of this subsection to possess machine guns, if the
15 machine guns are broken down in a non-functioning state or
16 are not immediately accessible.
17 (5) Persons licensed under federal law to manufacture
18 any weapon from which 8 or more shots or bullets can be
19 discharged by a single function of the firing device, or
20 ammunition for such weapons, and actually engaged in the
21 business of manufacturing such weapons or ammunition, but
22 only with respect to activities which are within the lawful
23 scope of such business, such as the manufacture,
24 transportation, or testing of such weapons or ammunition.
25 This exemption does not authorize the general private
26 possession of any weapon from which 8 or more shots or

SB1640- 130 -LRB099 02653 RLC 22659 b
1 bullets can be discharged by a single function of the
2 firing device, but only such possession and activities as
3 are within the lawful scope of a licensed manufacturing
4 business described in this paragraph.
5 During transportation, such weapons shall be broken
6 down in a non-functioning state or not immediately
7 accessible.
8 (6) The manufacture, transport, testing, delivery,
9 transfer or sale, and all lawful commercial or experimental
10 activities necessary thereto, of rifles, shotguns, and
11 weapons made from rifles or shotguns, or ammunition for
12 such rifles, shotguns or weapons, where engaged in by a
13 person operating as a contractor or subcontractor pursuant
14 to a contract or subcontract for the development and supply
15 of such rifles, shotguns, weapons or ammunition to the
16 United States government or any branch of the Armed Forces
17 of the United States, when such activities are necessary
18 and incident to fulfilling the terms of such contract.
19 The exemption granted under this subdivision (c)(6)
20 shall also apply to any authorized agent of any such
21 contractor or subcontractor who is operating within the
22 scope of his employment, where such activities involving
23 such weapon, weapons or ammunition are necessary and
24 incident to fulfilling the terms of such contract.
25 (7) A person possessing a rifle with a barrel or
26 barrels less than 16 inches in length if: (A) the person

SB1640- 131 -LRB099 02653 RLC 22659 b
1 has been issued a Curios and Relics license from the U.S.
2 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
3 the person is an active member of a bona fide, nationally
4 recognized military re-enacting group and the modification
5 is required and necessary to accurately portray the weapon
6 for historical re-enactment purposes; the re-enactor is in
7 possession of a valid and current re-enacting group
8 membership credential; and the overall length of the weapon
9 as modified is not less than 26 inches.
10 (d) Subsection 24-1(a)(1) does not apply to the purchase,
11possession or carrying of a black-jack or slung-shot by a peace
12officer.
13 (e) Subsection 24-1(a)(8) does not apply to any owner,
14manager or authorized employee of any place specified in that
15subsection nor to any law enforcement officer.
16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17Section 24-1.6 do not apply to members of any club or
18organization organized for the purpose of practicing shooting
19at targets upon established target ranges, whether public or
20private, while using their firearms on those target ranges.
21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22to:
23 (1) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard, while in
25 the performance of their official duty.
26 (2) Bonafide collectors of antique or surplus military

SB1640- 132 -LRB099 02653 RLC 22659 b
1 ordinance.
2 (3) Laboratories having a department of forensic
3 ballistics, or specializing in the development of
4 ammunition or explosive ordinance.
5 (4) Commerce, preparation, assembly or possession of
6 explosive bullets by manufacturers of ammunition licensed
7 by the federal government, in connection with the supply of
8 those organizations and persons exempted by subdivision
9 (g)(1) of this Section, or like organizations and persons
10 outside this State, or the transportation of explosive
11 bullets to any organization or person exempted in this
12 Section by a common carrier or by a vehicle owned or leased
13 by an exempted manufacturer.
14 (g-5) Subsection 24-1(a)(6) does not apply to or affect
15persons licensed under federal law to manufacture any device or
16attachment of any kind designed, used, or intended for use in
17silencing the report of any firearm, firearms, or ammunition
18for those firearms equipped with those devices, and actually
19engaged in the business of manufacturing those devices,
20firearms, or ammunition, but only with respect to activities
21that are within the lawful scope of that business, such as the
22manufacture, transportation, or testing of those devices,
23firearms, or ammunition. This exemption does not authorize the
24general private possession of any device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm, but only such possession and activities

SB1640- 133 -LRB099 02653 RLC 22659 b
1as are within the lawful scope of a licensed manufacturing
2business described in this subsection (g-5). During
3transportation, these devices shall be detached from any weapon
4or not immediately accessible.
5 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any parole agent or parole
7supervisor who meets the qualifications and conditions
8prescribed in Section 3-14-1.5 of the Unified Code of
9Corrections.
10 (g-7) Subsection 24-1(a)(6) does not apply to a peace
11officer while serving as a member of a tactical response team
12or special operations team. A peace officer may not personally
13own or apply for ownership of a device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm. These devices shall be owned and
16maintained by lawfully recognized units of government whose
17duties include the investigation of criminal acts.
18 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
20athlete's possession, transport on official Olympic and
21Paralympic transit systems established for athletes, or use of
22competition firearms sanctioned by the International Olympic
23Committee, the International Paralympic Committee, the
24International Shooting Sport Federation, or USA Shooting in
25connection with such athlete's training for and participation
26in shooting competitions at the 2016 Olympic and Paralympic

SB1640- 134 -LRB099 02653 RLC 22659 b
1Games and sanctioned test events leading up to the 2016 Olympic
2and Paralympic Games.
3 (h) An information or indictment based upon a violation of
4any subsection of this Article need not negative any exemptions
5contained in this Article. The defendant shall have the burden
6of proving such an exemption.
7 (i) Nothing in this Article shall prohibit, apply to, or
8affect the transportation, carrying, or possession, of any
9pistol or revolver, stun gun, taser, or other firearm consigned
10to a common carrier operating under license of the State of
11Illinois or the federal government, where such transportation,
12carrying, or possession is incident to the lawful
13transportation in which such common carrier is engaged; and
14nothing in this Article shall prohibit, apply to, or affect the
15transportation, carrying, or possession of any pistol,
16revolver, stun gun, taser, or other firearm, not the subject of
17and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
18this Article, which is unloaded and enclosed in a case, firearm
19carrying box, shipping box, or other container, by a person
20eligible under State and federal law to possess a firearm the
21possessor of a valid Firearm Owners Identification Card.
22(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
2397-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
2498-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
25 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

SB1640- 135 -LRB099 02653 RLC 22659 b
1 Sec. 24-3. Unlawful sale or delivery of firearms.
2 (A) A person commits the offense of unlawful sale or
3delivery of firearms when he or she knowingly does any of the
4following:
5 (a) Sells or gives any firearm of a size which may be
6 concealed upon the person to any person under 18 years of
7 age.
8 (b) Sells or gives any firearm to a person under 21
9 years of age who has been convicted of a misdemeanor other
10 than a traffic offense or adjudged delinquent.
11 (c) Sells or gives any firearm to any narcotic addict.
12 (d) Sells or gives any firearm to any person who has
13 been convicted of a felony under the laws of this or any
14 other jurisdiction.
15 (e) Sells or gives any firearm to any person who has
16 been a patient in a mental institution within the past 5
17 years. In this subsection (e):
18 "Mental institution" means any hospital,
19 institution, clinic, evaluation facility, mental
20 health center, or part thereof, which is used primarily
21 for the care or treatment of persons with mental
22 illness.
23 "Patient in a mental institution" means the person
24 was admitted, either voluntarily or involuntarily, to
25 a mental institution for mental health treatment,
26 unless the treatment was voluntary and solely for an

SB1640- 136 -LRB099 02653 RLC 22659 b
1 alcohol abuse disorder and no other secondary
2 substance abuse disorder or mental illness.
3 (f) Sells or gives any firearms to any person who is
4 intellectually disabled.
5 (g) Delivers any firearm of a size which may be
6 concealed upon the person, incidental to a sale, without
7 withholding delivery of such firearm for at least 72 hours
8 after application for its purchase has been made, or
9 delivers any rifle, shotgun or other long gun, or a stun
10 gun or taser, incidental to a sale, without withholding
11 delivery of such rifle, shotgun or other long gun, or a
12 stun gun or taser for at least 24 hours after application
13 for its purchase has been made. However, this paragraph (g)
14 does not apply to: (1) the sale of a firearm to a law
15 enforcement officer if the seller of the firearm knows that
16 the person to whom he or she is selling the firearm is a
17 law enforcement officer or the sale of a firearm to a
18 person who desires to purchase a firearm for use in
19 promoting the public interest incident to his or her
20 employment as a bank guard, armed truck guard, or other
21 similar employment; (2) a mail order sale of a firearm to a
22 nonresident of Illinois under which the firearm is mailed
23 to a point outside the boundaries of Illinois; (3) the sale
24 of a firearm to a nonresident of Illinois while at a
25 firearm showing or display recognized by the Illinois
26 Department of State Police; or (4) the sale of a firearm to

SB1640- 137 -LRB099 02653 RLC 22659 b
1 a dealer licensed as a federal firearms dealer under
2 Section 923 of the federal Gun Control Act of 1968 (18
3 U.S.C. 923). For purposes of this paragraph (g),
4 "application" means when the buyer and seller reach an
5 agreement to purchase a firearm.
6 (h) While holding any license as a dealer, importer,
7 manufacturer or pawnbroker under the federal Gun Control
8 Act of 1968, manufactures, sells or delivers to any
9 unlicensed person a handgun having a barrel, slide, frame
10 or receiver which is a die casting of zinc alloy or any
11 other nonhomogeneous metal which will melt or deform at a
12 temperature of less than 800 degrees Fahrenheit. For
13 purposes of this paragraph, (1) "firearm" is defined as in
14 the Firearm Owners Identification Card Act; and (2)
15 "handgun" is defined as a firearm designed to be held and
16 fired by the use of a single hand, and includes a
17 combination of parts from which such a firearm can be
18 assembled.
19 (i) Sells or gives a firearm of any size to any person
20 under 18 years of age who is not eligible under State or
21 federal law to possess a firearm does not possess a valid
22 Firearm Owner's Identification Card.
23 (j) Sells or gives a firearm while engaged in the
24 business of selling firearms at wholesale or retail without
25 being licensed as a federal firearms dealer under Section
26 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

SB1640- 138 -LRB099 02653 RLC 22659 b
1 In this paragraph (j):
2 A person "engaged in the business" means a person who
3 devotes time, attention, and labor to engaging in the
4 activity as a regular course of trade or business with the
5 principal objective of livelihood and profit, but does not
6 include a person who makes occasional repairs of firearms
7 or who occasionally fits special barrels, stocks, or
8 trigger mechanisms to firearms.
9 "With the principal objective of livelihood and
10 profit" means that the intent underlying the sale or
11 disposition of firearms is predominantly one of obtaining
12 livelihood and pecuniary gain, as opposed to other intents,
13 such as improving or liquidating a personal firearms
14 collection; however, proof of profit shall not be required
15 as to a person who engages in the regular and repetitive
16 purchase and disposition of firearms for criminal purposes
17 or terrorism.
18 (k) (Blank). Sells or transfers ownership of a firearm
19 to a person who does not display to the seller or
20 transferor of the firearm a currently valid Firearm Owner's
21 Identification Card that has previously been issued in the
22 transferee's name by the Department of State Police under
23 the provisions of the Firearm Owners Identification Card
24 Act. This paragraph (k) does not apply to the transfer of a
25 firearm to a person who is exempt from the requirement of
26 possessing a Firearm Owner's Identification Card under

SB1640- 139 -LRB099 02653 RLC 22659 b
1 Section 2 of the Firearm Owners Identification Card Act.
2 For the purposes of this Section, a currently valid Firearm
3 Owner's Identification Card means (i) a Firearm Owner's
4 Identification Card that has not expired or (ii) an
5 approval number issued in accordance with subsection
6 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
7 Identification Card Act shall be proof that the Firearm
8 Owner's Identification Card was valid.
9 (1) (Blank). In addition to the other requirements
10 of this paragraph (k), all persons who are not
11 federally licensed firearms dealers must also have
12 complied with subsection (a-10) of Section 3 of the
13 Firearm Owners Identification Card Act by determining
14 the validity of a purchaser's Firearm Owner's
15 Identification Card.
16 (2) (Blank). All sellers or transferors who have
17 complied with the requirements of subparagraph (1) of
18 this paragraph (k) shall not be liable for damages in
19 any civil action arising from the use or misuse by the
20 transferee of the firearm transferred, except for
21 willful or wanton misconduct on the part of the seller
22 or transferor.
23 (l) Not being entitled to the possession of a firearm,
24 delivers the firearm, knowing it to have been stolen or
25 converted. It may be inferred that a person who possesses a
26 firearm with knowledge that its serial number has been

SB1640- 140 -LRB099 02653 RLC 22659 b
1 removed or altered has knowledge that the firearm is stolen
2 or converted.
3 (B) Paragraph (h) of subsection (A) does not include
4firearms sold within 6 months after enactment of Public Act
578-355 (approved August 21, 1973, effective October 1, 1973),
6nor is any firearm legally owned or possessed by any citizen or
7purchased by any citizen within 6 months after the enactment of
8Public Act 78-355 subject to confiscation or seizure under the
9provisions of that Public Act. Nothing in Public Act 78-355
10shall be construed to prohibit the gift or trade of any firearm
11if that firearm was legally held or acquired within 6 months
12after the enactment of that Public Act.
13 (C) Sentence.
14 (1) Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (c), (e), (f), (g),
16 or (h) of subsection (A) commits a Class 4 felony.
17 (2) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (b) or (i) of
19 subsection (A) commits a Class 3 felony.
20 (3) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (a) of subsection (A)
22 commits a Class 2 felony.
23 (4) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (a) or , (b), or (i)
25 of subsection (A) in any school, on the real property
26 comprising a school, within 1,000 feet of the real property

SB1640- 141 -LRB099 02653 RLC 22659 b
1 comprising a school, at a school related activity, or on or
2 within 1,000 feet of any conveyance owned, leased, or
3 contracted by a school or school district to transport
4 students to or from school or a school related activity,
5 regardless of the time of day or time of year at which the
6 offense was committed, commits a Class 1 felony. Any person
7 convicted of a second or subsequent violation of unlawful
8 sale or delivery of firearms in violation of paragraph (a)
9 or , (b), or (i) of subsection (A) in any school, on the
10 real property comprising a school, within 1,000 feet of the
11 real property comprising a school, at a school related
12 activity, or on or within 1,000 feet of any conveyance
13 owned, leased, or contracted by a school or school district
14 to transport students to or from school or a school related
15 activity, regardless of the time of day or time of year at
16 which the offense was committed, commits a Class 1 felony
17 for which the sentence shall be a term of imprisonment of
18 no less than 5 years and no more than 15 years.
19 (5) Any person convicted of unlawful sale or delivery
20 of firearms in violation of paragraph (a) or (i) of
21 subsection (A) in residential property owned, operated, or
22 managed by a public housing agency or leased by a public
23 housing agency as part of a scattered site or mixed-income
24 development, in a public park, in a courthouse, on
25 residential property owned, operated, or managed by a
26 public housing agency or leased by a public housing agency

SB1640- 142 -LRB099 02653 RLC 22659 b
1 as part of a scattered site or mixed-income development, on
2 the real property comprising any public park, on the real
3 property comprising any courthouse, or on any public way
4 within 1,000 feet of the real property comprising any
5 public park, courthouse, or residential property owned,
6 operated, or managed by a public housing agency or leased
7 by a public housing agency as part of a scattered site or
8 mixed-income development commits a Class 2 felony.
9 (6) Any person convicted of unlawful sale or delivery
10 of firearms in violation of paragraph (j) of subsection (A)
11 commits a Class A misdemeanor. A second or subsequent
12 violation is a Class 4 felony.
13 (7) (Blank). Any person convicted of unlawful sale or
14 delivery of firearms in violation of paragraph (k) of
15 subsection (A) commits a Class 4 felony, except that a
16 violation of subparagraph (1) of paragraph (k) of
17 subsection (A) shall not be punishable as a crime or petty
18 offense. A third or subsequent conviction for a violation
19 of paragraph (k) of subsection (A) is a Class 1 felony.
20 (8) A person 18 years of age or older convicted of
21 unlawful sale or delivery of firearms in violation of
22 paragraph (a) or (i) of subsection (A), when the firearm
23 that was sold or given to another person under 18 years of
24 age was used in the commission of or attempt to commit a
25 forcible felony, shall be fined or imprisoned, or both, not
26 to exceed the maximum provided for the most serious

SB1640- 143 -LRB099 02653 RLC 22659 b
1 forcible felony so committed or attempted by the person
2 under 18 years of age who was sold or given the firearm.
3 (9) Any person convicted of unlawful sale or delivery
4 of firearms in violation of paragraph (d) of subsection (A)
5 commits a Class 3 felony.
6 (10) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (l) of subsection (A)
8 commits a Class 2 felony if the delivery is of one firearm.
9 Any person convicted of unlawful sale or delivery of
10 firearms in violation of paragraph (l) of subsection (A)
11 commits a Class 1 felony if the delivery is of not less
12 than 2 and not more than 5 firearms at the same time or
13 within a one year period. Any person convicted of unlawful
14 sale or delivery of firearms in violation of paragraph (l)
15 of subsection (A) commits a Class X felony for which he or
16 she shall be sentenced to a term of imprisonment of not
17 less than 6 years and not more than 30 years if the
18 delivery is of not less than 6 and not more than 10
19 firearms at the same time or within a 2 year period. Any
20 person convicted of unlawful sale or delivery of firearms
21 in violation of paragraph (l) of subsection (A) commits a
22 Class X felony for which he or she shall be sentenced to a
23 term of imprisonment of not less than 6 years and not more
24 than 40 years if the delivery is of not less than 11 and
25 not more than 20 firearms at the same time or within a 3
26 year period. Any person convicted of unlawful sale or

SB1640- 144 -LRB099 02653 RLC 22659 b
1 delivery of firearms in violation of paragraph (l) of
2 subsection (A) commits a Class X felony for which he or she
3 shall be sentenced to a term of imprisonment of not less
4 than 6 years and not more than 50 years if the delivery is
5 of not less than 21 and not more than 30 firearms at the
6 same time or within a 4 year period. Any person convicted
7 of unlawful sale or delivery of firearms in violation of
8 paragraph (l) of subsection (A) commits a Class X felony
9 for which he or she shall be sentenced to a term of
10 imprisonment of not less than 6 years and not more than 60
11 years if the delivery is of 31 or more firearms at the same
12 time or within a 5 year period.
13 (D) For purposes of this Section:
14 "School" means a public or private elementary or secondary
15school, community college, college, or university.
16 "School related activity" means any sporting, social,
17academic, or other activity for which students' attendance or
18participation is sponsored, organized, or funded in whole or in
19part by a school or school district.
20 (E) A prosecution for a violation of paragraph (k) of
21subsection (A) of this Section may be commenced within 6 years
22after the commission of the offense. A prosecution for a
23violation of this Section other than paragraph (g) of
24subsection (A) of this Section may be commenced within 5 years
25after the commission of the offense defined in the particular
26paragraph.

SB1640- 145 -LRB099 02653 RLC 22659 b
1(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
2eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
3 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
4 Sec. 24-3.1. Unlawful possession of firearms and firearm
5ammunition.
6 (a) A person commits the offense of unlawful possession of
7firearms or firearm ammunition when:
8 (1) He is under 18 years of age and has in his
9 possession any firearm of a size which may be concealed
10 upon the person; or
11 (2) He is under 21 years of age, has been convicted of
12 a misdemeanor other than a traffic offense or adjudged
13 delinquent and has any firearms or firearm ammunition in
14 his possession; or
15 (3) He is a narcotic addict and has any firearms or
16 firearm ammunition in his possession; or
17 (4) He has been a patient in a mental institution
18 within the past 5 years and has any firearms or firearm
19 ammunition in his possession. For purposes of this
20 paragraph (4):
21 "Mental institution" means any hospital,
22 institution, clinic, evaluation facility, mental
23 health center, or part thereof, which is used primarily
24 for the care or treatment of persons with mental
25 illness.

SB1640- 146 -LRB099 02653 RLC 22659 b
1 "Patient in a mental institution" means the person
2 was admitted, either voluntarily or involuntarily, to
3 a mental institution for mental health treatment,
4 unless the treatment was voluntary and solely for an
5 alcohol abuse disorder and no other secondary
6 substance abuse disorder or mental illness; or
7 (5) He is intellectually disabled and has any firearms
8 or firearm ammunition in his possession; or
9 (6) He has in his possession any explosive bullet.
10 For purposes of this paragraph "explosive bullet" means the
11projectile portion of an ammunition cartridge which contains or
12carries an explosive charge which will explode upon contact
13with the flesh of a human or an animal. "Cartridge" means a
14tubular metal case having a projectile affixed at the front
15thereof and a cap or primer at the rear end thereof, with the
16propellant contained in such tube between the projectile and
17the cap.
18 (a-5) A person prohibited from possessing a firearm under
19this Section may petition the Director of State Police for a
20hearing and relief from the prohibition, unless the prohibition
21was based upon a forcible felony, stalking, aggravated
22stalking, domestic battery, any violation of the Illinois
23Controlled Substances Act, the Methamphetamine Control and
24Community Protection Act, or the Cannabis Control Act that is
25classified as a Class 2 or greater felony, any felony violation
26of Article 24 of the Criminal Code of 1961 or the Criminal Code

SB1640- 147 -LRB099 02653 RLC 22659 b
1of 2012, or any adjudication as a delinquent minor for the
2commission of an offense that if committed by an adult would be
3a felony, in which case the person may petition the circuit
4court in writing in the county of his or her residence for a
5hearing and relief from the prohibition. The Director or court
6may grant the relief if it is established by the petitioner to
7the court's or Director's satisfaction that:
8 (1) when in the circuit court, the State's Attorney has
9 been served with a written copy of the petition at least 30
10 days before any hearing in the circuit court and at the
11 hearing the State's Attorney was afforded an opportunity to
12 present evidence and object to the petition;
13 (2) the petitioner has not been convicted of a forcible
14 felony under the laws of this State or any other
15 jurisdiction within 20 years of the filing of the petition,
16 or at least 20 years have passed since the end of any
17 period of imprisonment imposed in relation to that
18 conviction;
19 (3) the circumstances regarding a criminal conviction,
20 where applicable, the petitioner's criminal history and
21 his reputation are such that the petitioner will not be
22 likely to act in a manner dangerous to public safety;
23 (4) granting relief would not be contrary to the public
24 interest; and
25 (5) granting relief would not be contrary to federal
26 law.

SB1640- 148 -LRB099 02653 RLC 22659 b
1 (b) Sentence.
2 Unlawful possession of firearms, other than handguns, and
3firearm ammunition is a Class A misdemeanor. Unlawful
4possession of handguns is a Class 4 felony. The possession of
5each firearm or firearm ammunition in violation of this Section
6constitutes a single and separate violation.
7 (c) Nothing in paragraph (1) of subsection (a) of this
8Section prohibits a person under 18 years of age from
9participating in any lawful recreational activity with a
10firearm such as, but not limited to, practice shooting at
11targets upon established public or private target ranges or
12hunting, trapping, or fishing in accordance with the Wildlife
13Code or the Fish and Aquatic Life Code.
14(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)
15 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
16 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
17 (a) A person commits the offense of unlawful discharge of
18firearm projectiles when he or she knowingly or recklessly uses
19an armor piercing bullet, dragon's breath shotgun shell, bolo
20shell, or flechette shell in violation of this Section.
21 For purposes of this Section:
22 "Armor piercing bullet" means any handgun bullet or handgun
23ammunition with projectiles or projectile cores constructed
24entirely (excluding the presence of traces of other substances)
25from tungsten alloys, steel, iron, brass, bronze, beryllium

SB1640- 149 -LRB099 02653 RLC 22659 b
1copper or depleted uranium, or fully jacketed bullets larger
2than 22 caliber whose jacket has a weight of more than 25% of
3the total weight of the projectile, and excluding those handgun
4projectiles whose cores are composed of soft materials such as
5lead or lead alloys, zinc or zinc alloys, frangible projectiles
6designed primarily for sporting purposes, and any other
7projectiles or projectile cores that the U. S. Secretary of the
8Treasury finds to be primarily intended to be used for sporting
9purposes or industrial purposes or that otherwise does not
10constitute "armor piercing ammunition" as that term is defined
11by federal law.
12 "Dragon's breath shotgun shell" means any shotgun shell
13that contains exothermic pyrophoric mesh metal as the
14projectile and is designed for the purpose of throwing or
15spewing a flame or fireball to simulate a flame-thrower.
16 "Bolo shell" means any shell that can be fired in a firearm
17and expels as projectiles 2 or more metal balls connected by
18solid metal wire.
19 "Flechette shell" means any shell that can be fired in a
20firearm and expels 2 or more pieces of fin-stabilized solid
21metal wire or 2 or more solid dart-type projectiles.
22 (b) A person commits a Class X felony when he or she,
23knowing that a firearm, as defined in Section 1.1 of the
24Firearm Owners Identification Card Act, is loaded with an armor
25piercing bullet, dragon's breath shotgun shell, bolo shell, or
26flechette shell, intentionally or recklessly discharges such

SB1640- 150 -LRB099 02653 RLC 22659 b
1firearm and such bullet or shell strikes any other person.
2 (c) Any person who possesses, concealed on or about his or
3her person, an armor piercing bullet, dragon's breath shotgun
4shell, bolo shell, or flechette shell and a firearm suitable
5for the discharge thereof is guilty of a Class 2 felony.
6 (d) This Section does not apply to or affect any of the
7following:
8 (1) Peace officers;
9 (2) Wardens, superintendents and keepers of prisons,
10 penitentiaries, jails and other institutions for the
11 detention of persons accused or convicted of an offense;
12 (3) Members of the Armed Services or Reserve Forces of
13 the United States or the Illinois National Guard while in
14 the performance of their official duties;
15 (4) Federal officials required to carry firearms,
16 while engaged in the performance of their official duties;
17 (5) United States Marshals, while engaged in the
18 performance of their official duties.
19(Source: P.A. 92-423, eff. 1-1-02.)
20 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
21 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
22 (a) It shall be unlawful for any person who holds a license
23to sell at retail any alcoholic liquor issued by the Illinois
24Liquor Control Commission or local liquor control commissioner
25under the Liquor Control Act of 1934 or an agent or employee of

SB1640- 151 -LRB099 02653 RLC 22659 b
1the licensee to sell or deliver to any other person a firearm
2in or on the real property of the establishment where the
3licensee is licensed to sell alcoholic liquors unless the sale
4or delivery of the firearm is otherwise lawful under this
5Article and under the Firearm Owners Identification Card Act.
6 (b) Sentence. A violation of subsection (a) of this Section
7is a Class 4 felony.
8(Source: P.A. 87-591.)
9 (720 ILCS 5/24-3.5)
10 Sec. 24-3.5. Unlawful purchase of a firearm.
11 (a) For purposes of this Section, "firearms transaction
12record form" means a form:
13 (1) executed by a transferee of a firearm stating: (i)
14 the transferee's name and address (including county or
15 similar political subdivision); (ii) whether the
16 transferee is a citizen of the United States; (iii) the
17 transferee's State of residence; and (iv) the date and
18 place of birth, height, weight, and race of the transferee;
19 and
20 (2) on which the transferee certifies that he or she is
21 not prohibited by federal law from transporting or shipping
22 a firearm in interstate or foreign commerce or receiving a
23 firearm that has been shipped or transported in interstate
24 or foreign commerce or possessing a firearm in or affecting
25 commerce.

SB1640- 152 -LRB099 02653 RLC 22659 b
1 (b) A person commits the offense of unlawful purchase of a
2firearm who knowingly purchases or attempts to purchase a
3firearm with the intent to deliver that firearm to another
4person who is prohibited by federal or State law from
5possessing a firearm.
6 (c) A person commits the offense of unlawful purchase of a
7firearm when he or she, in purchasing or attempting to purchase
8a firearm, intentionally provides false or misleading
9information on a United States Department of the Treasury,
10Bureau of Alcohol, Tobacco and Firearms firearms transaction
11record form.
12 (d) Exemption. It is not a violation of subsection (b) of
13this Section for a person to make a gift or loan of a firearm to
14a person who is not prohibited by federal or State law from
15possessing a firearm if the transfer of the firearm is made in
16accordance with Section 3 of the Firearm Owners Identification
17Card Act.
18 (e) Sentence.
19 (1) A person who commits the offense of unlawful
20 purchase of a firearm:
21 (A) is guilty of a Class 2 felony for purchasing or
22 attempting to purchase one firearm;
23 (B) is guilty of a Class 1 felony for purchasing or
24 attempting to purchase not less than 2 firearms and not
25 more than 5 firearms at the same time or within a one
26 year period;

SB1640- 153 -LRB099 02653 RLC 22659 b
1 (C) is guilty of a Class X felony for which the
2 offender shall be sentenced to a term of imprisonment
3 of not less than 9 years and not more than 40 years for
4 purchasing or attempting to purchase not less than 6
5 firearms at the same time or within a 2 year period.
6 (2) In addition to any other penalty that may be
7 imposed for a violation of this Section, the court may
8 sentence a person convicted of a violation of subsection
9 (c) of this Section to a fine not to exceed $250,000 for
10 each violation.
11 (f) A prosecution for unlawful purchase of a firearm may be
12commenced within 6 years after the commission of the offense.
13(Source: P.A. 95-882, eff. 1-1-09.)
14 (720 ILCS 5/24-4.1)
15 Sec. 24-4.1. Report of lost or stolen firearms.
16 (a) If a person who possesses a valid Firearm Owner's
17Identification Card and who possesses or acquires a firearm
18thereafter loses the firearm, or if the firearm is stolen from
19the person, the person must report the loss or theft to the
20local law enforcement agency within 72 hours after obtaining
21knowledge of the loss or theft.
22 (b) A law enforcement agency having jurisdiction shall take
23a written report and shall, as soon as practical, enter the
24firearm's serial number as stolen into the Law Enforcement
25Agencies Data System (LEADS).

SB1640- 154 -LRB099 02653 RLC 22659 b
1 (c) A person shall not be in violation of this Section if:
2 (1) the failure to report is due to an act of God, act
3 of war, or inability of a law enforcement agency to receive
4 the report;
5 (2) the person is hospitalized, in a coma, or is
6 otherwise seriously physically or mentally impaired as to
7 prevent the person from reporting; or
8 (3) the person's designee makes a report if the person
9 is unable to make the report.
10 (d) Sentence. A person who violates this Section is guilty
11of a petty offense for a first violation. A second or
12subsequent violation of this Section is a Class A misdemeanor.
13(Source: P.A. 98-508, eff. 8-19-13.)
14 (720 ILCS 5/24-4.5 new)
15 Sec. 24-4.5. Dial up system.
16 (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any federally licensed firearm dealer, gun
19show promoter, or gun show vendor who is to transfer a firearm,
20stun gun, or taser under the provisions of this Code. The
21Department of State Police may utilize existing technology
22which allows the caller to be charged a fee not to exceed $2.
23Fees collected by the Department of State Police shall be
24deposited in the State Police Services Fund and used to provide
25the service.

SB1640- 155 -LRB099 02653 RLC 22659 b
1 (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Department of State Police shall immediately approve, or within
4the time period established by Section 24-3 of this Code
5regarding the delivery of firearms, stun guns, and tasers
6notify the inquiring dealer, gun show promoter, or gun show
7vendor of any objection that would disqualify the transferee
8from acquiring or possessing a firearm, stun gun, or taser. In
9conducting the inquiry, the Department of State Police shall
10initiate and complete an automated search of its criminal
11history record information files and those of the Federal
12Bureau of Investigation, including the National Instant
13Criminal Background Check System, and of the files of the
14Department of Human Services relating to mental health and
15developmental disabilities to obtain any felony conviction or
16patient hospitalization information which would disqualify a
17person from obtaining a firearm.
18 (c) If receipt of a firearm would not violate Section 24-3
19of this Code or federal law, the Department of State Police
20shall:
21 (1) assign a unique identification number to the
22 transfer; and
23 (2) provide the licensee, gun show promoter, or gun
24 show vendor with the number.
25 (d) Approvals issued by the Department of State Police for
26the purchase of a firearm are valid for 30 days from the date

SB1640- 156 -LRB099 02653 RLC 22659 b
1of issue.
2 (e)(1) The Department of State Police must act as the
3Illinois Point of Contact for the National Instant Criminal
4Background Check System.
5 (2) The Department of State Police and the Department of
6Human Services shall, in accordance with State and federal law
7regarding confidentiality, enter into a memorandum of
8understanding with the Federal Bureau of Investigation for the
9purpose of implementing the National Instant Criminal
10Background Check System in the State. The Department of State
11Police shall report the name, date of birth, and physical
12description of any person prohibited from possessing a firearm
13under this Code or 18 U.S.C. 922(g) and (n) to the National
14Instant Criminal Background Check System Index, Denied Persons
15Files.
16 (f) The Department of State Police shall adopt rules not
17inconsistent with this Section to implement this system.
18 (720 ILCS 5/24-9)
19 Sec. 24-9. Firearms; Child Protection.
20 (a) Except as provided in subsection (c), it is unlawful
21for any person to store or leave, within premises under his or
22her control, a firearm if the person knows or has reason to
23believe that a minor under the age of 14 years who does not
24have a Firearm Owners Identification Card is likely to gain
25access to the firearm without the lawful permission of the

SB1640- 157 -LRB099 02653 RLC 22659 b
1person possessing the firearm, minor's parent, guardian, or
2person having charge of the minor, and the minor causes death
3or great bodily harm with the firearm, unless the firearm is:
4 (1) secured by a device or mechanism, other than the
5 firearm safety, designed to render a firearm temporarily
6 inoperable; or
7 (2) placed in a securely locked box or container; or
8 (3) placed in some other location that a reasonable
9 person would believe to be secure from a minor under the
10 age of 14 years.
11 (b) Sentence. A person who violates this Section is guilty
12of a Class C misdemeanor and shall be fined not less than
13$1,000. A second or subsequent violation of this Section is a
14Class A misdemeanor.
15 (c) Subsection (a) does not apply:
16 (1) if the minor under 14 years of age gains access to
17 a firearm and uses it in a lawful act of self-defense or
18 defense of another; or
19 (2) to any firearm obtained by a minor under the age of
20 14 because of an unlawful entry of the premises by the
21 minor or another person.
22 (d) (Blank). For the purposes of this Section, "firearm"
23has the meaning ascribed to it in Section 1.1 of the Firearm
24Owners Identification Card Act.
25(Source: P.A. 91-18, eff. 1-1-00.)

SB1640- 158 -LRB099 02653 RLC 22659 b
1 Section 85. The Methamphetamine Control and Community
2Protection Act is amended by changing Section 10 as follows:
3 (720 ILCS 646/10)
4 Sec. 10. Definitions. As used in this Act:
5 "Anhydrous ammonia" has the meaning provided in subsection
6(d) of Section 3 of the Illinois Fertilizer Act of 1961.
7 "Anhydrous ammonia equipment" means all items used to
8store, hold, contain, handle, transfer, transport, or apply
9anhydrous ammonia for lawful purposes.
10 "Booby trap" means any device designed to cause physical
11injury when triggered by an act of a person approaching,
12entering, or moving through a structure, a vehicle, or any
13location where methamphetamine has been manufactured, is being
14manufactured, or is intended to be manufactured.
15 "Deliver" or "delivery" has the meaning provided in
16subsection (h) of Section 102 of the Illinois Controlled
17Substances Act.
18 "Director" means the Director of State Police or the
19Director's designated agents.
20 "Dispose" or "disposal" means to abandon, discharge,
21release, deposit, inject, dump, spill, leak, or place
22methamphetamine waste onto or into any land, water, or well of
23any type so that the waste has the potential to enter the
24environment, be emitted into the air, or be discharged into the
25soil or any waters, including groundwater.

SB1640- 159 -LRB099 02653 RLC 22659 b
1 "Emergency response" means the act of collecting evidence
2from or securing a methamphetamine laboratory site,
3methamphetamine waste site or other methamphetamine-related
4site and cleaning up the site, whether these actions are
5performed by public entities or private contractors paid by
6public entities.
7 "Emergency service provider" means a local, State, or
8federal peace officer, firefighter, emergency medical
9technician-ambulance, emergency medical
10technician-intermediate, emergency medical
11technician-paramedic, ambulance driver, or other medical or
12first aid personnel rendering aid, or any agent or designee of
13the foregoing.
14 "Finished methamphetamine" means methamphetamine in a form
15commonly used for personal consumption.
16 "Firearm" has the meaning provided in Section 2-7.5 of the
17Criminal Code of 2012 1.1 of the Firearm Owners Identification
18Card Act.
19 "Manufacture" means to produce, prepare, compound,
20convert, process, synthesize, concentrate, purify, separate,
21extract, or package any methamphetamine, methamphetamine
22precursor, methamphetamine manufacturing catalyst,
23methamphetamine manufacturing reagent, methamphetamine
24manufacturing solvent, or any substance containing any of the
25foregoing.
26 "Methamphetamine" means the chemical methamphetamine (a

SB1640- 160 -LRB099 02653 RLC 22659 b
1Schedule II controlled substance under the Illinois Controlled
2Substances Act) or any salt, optical isomer, salt of optical
3isomer, or analog thereof, with the exception of
43,4-Methylenedioxymethamphetamine (MDMA) or any other
5scheduled substance with a separate listing under the Illinois
6Controlled Substances Act.
7 "Methamphetamine manufacturing catalyst" means any
8substance that has been used, is being used, or is intended to
9be used to activate, accelerate, extend, or improve a chemical
10reaction involved in the manufacture of methamphetamine.
11 "Methamphetamine manufacturing environment" means a
12structure or vehicle in which:
13 (1) methamphetamine is being or has been manufactured;
14 (2) chemicals that are being used, have been used, or
15 are intended to be used to manufacture methamphetamine are
16 stored;
17 (3) methamphetamine manufacturing materials that have
18 been used to manufacture methamphetamine are stored; or
19 (4) methamphetamine manufacturing waste is stored.
20 "Methamphetamine manufacturing material" means any
21methamphetamine precursor, substance containing any
22methamphetamine precursor, methamphetamine manufacturing
23catalyst, substance containing any methamphetamine
24manufacturing catalyst, methamphetamine manufacturing reagent,
25substance containing any methamphetamine manufacturing
26reagent, methamphetamine manufacturing solvent, substance

SB1640- 161 -LRB099 02653 RLC 22659 b
1containing any methamphetamine manufacturing solvent, or any
2other chemical, substance, ingredient, equipment, apparatus,
3or item that is being used, has been used, or is intended to be
4used in the manufacture of methamphetamine.
5 "Methamphetamine manufacturing reagent" means any
6substance other than a methamphetamine manufacturing catalyst
7that has been used, is being used, or is intended to be used to
8react with and chemically alter any methamphetamine precursor.
9 "Methamphetamine manufacturing solvent" means any
10substance that has been used, is being used, or is intended to
11be used as a medium in which any methamphetamine precursor,
12methamphetamine manufacturing catalyst, methamphetamine
13manufacturing reagent, or any substance containing any of the
14foregoing is dissolved, diluted, or washed during any part of
15the methamphetamine manufacturing process.
16 "Methamphetamine manufacturing waste" means any chemical,
17substance, ingredient, equipment, apparatus, or item that is
18left over from, results from, or is produced by the process of
19manufacturing methamphetamine, other than finished
20methamphetamine.
21 "Methamphetamine precursor" means ephedrine,
22pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
23phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
24isomer, or salt of an optical isomer of any of these chemicals.
25 "Multi-unit dwelling" means a unified structure used or
26intended for use as a habitation, home, or residence that

SB1640- 162 -LRB099 02653 RLC 22659 b
1contains 2 or more condominiums, apartments, hotel rooms, motel
2rooms, or other living units.
3 "Package" means an item marked for retail sale that is not
4designed to be further broken down or subdivided for the
5purpose of retail sale.
6 "Participate" or "participation" in the manufacture of
7methamphetamine means to produce, prepare, compound, convert,
8process, synthesize, concentrate, purify, separate, extract,
9or package any methamphetamine, methamphetamine precursor,
10methamphetamine manufacturing catalyst, methamphetamine
11manufacturing reagent, methamphetamine manufacturing solvent,
12or any substance containing any of the foregoing, or to assist
13in any of these actions, or to attempt to take any of these
14actions, regardless of whether this action or these actions
15result in the production of finished methamphetamine.
16 "Person with a disability" means a person who suffers from
17a permanent physical or mental impairment resulting from
18disease, injury, functional disorder, or congenital condition
19which renders the person incapable of adequately providing for
20his or her own health and personal care.
21 "Procure" means to purchase, steal, gather, or otherwise
22obtain, by legal or illegal means, or to cause another to take
23such action.
24 "Second or subsequent offense" means an offense under this
25Act committed by an offender who previously committed an
26offense under this Act, the Illinois Controlled Substances Act,

SB1640- 163 -LRB099 02653 RLC 22659 b
1the Cannabis Control Act, or another Act of this State, another
2state, or the United States relating to methamphetamine,
3cannabis, or any other controlled substance.
4 "Standard dosage form", as used in relation to any
5methamphetamine precursor, means that the methamphetamine
6precursor is contained in a pill, tablet, capsule, caplet, gel
7cap, or liquid cap that has been manufactured by a lawful
8entity and contains a standard quantity of methamphetamine
9precursor.
10 "Unauthorized container", as used in relation to anhydrous
11ammonia, means any container that is not designed for the
12specific and sole purpose of holding, storing, transporting, or
13applying anhydrous ammonia. "Unauthorized container" includes,
14but is not limited to, any propane tank, fire extinguisher,
15oxygen cylinder, gasoline can, food or beverage cooler, or
16compressed gas cylinder used in dispensing fountain drinks.
17"Unauthorized container" does not encompass anhydrous ammonia
18manufacturing plants, refrigeration systems where anhydrous
19ammonia is used solely as a refrigerant, anhydrous ammonia
20transportation pipelines, anhydrous ammonia tankers, or
21anhydrous ammonia barges.
22(Source: P.A. 97-434, eff. 1-1-12.)
23 Section 90. The Code of Criminal Procedure of 1963 is
24amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and
25112A-14 as follows:

SB1640- 164 -LRB099 02653 RLC 22659 b
1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
2 Sec. 110-10. Conditions of bail bond.
3 (a) If a person is released prior to conviction, either
4upon payment of bail security or on his or her own
5recognizance, the conditions of the bail bond shall be that he
6or she will:
7 (1) Appear to answer the charge in the court having
8 jurisdiction on a day certain and thereafter as ordered by
9 the court until discharged or final order of the court;
10 (2) Submit himself or herself to the orders and process
11 of the court;
12 (3) Not depart this State without leave of the court;
13 (4) Not violate any criminal statute of any
14 jurisdiction;
15 (5) At a time and place designated by the court,
16 surrender 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 clerk of the
20 circuit court when the offense the person has been charged
21 with is a forcible felony, stalking, aggravated stalking,
22 domestic battery, any violation of the Illinois Controlled
23 Substances Act, the Methamphetamine Control and Community
24 Protection Act, or the Cannabis Control Act that is
25 classified as a Class 2 or greater felony, or any felony

SB1640- 165 -LRB099 02653 RLC 22659 b
1 violation of Article 24 of the Criminal Code of 1961 or the
2 Criminal Code of 2012; the court may, however, forgo the
3 imposition of this condition when the circumstances of the
4 case clearly do not warrant it or when its imposition would
5 be impractical; if the Firearm Owner's Identification Card
6 is confiscated, the clerk of the circuit court shall mail
7 the confiscated card to the Illinois State Police; all
8 legally possessed firearms shall be returned to the person
9 upon the charges being dismissed, or if the person is found
10 not guilty, unless the finding of not guilty is by reason
11 of insanity; and
12 (6) At a time and place designated by the court, submit
13 to a psychological evaluation when the person has been
14 charged with a violation of item (4) of subsection (a) of
15 Section 24-1 of the Criminal Code of 1961 or the Criminal
16 Code of 2012 and that violation occurred in a school or in
17 any conveyance owned, leased, or contracted by a school to
18 transport students to or from school or a school-related
19 activity, or on any public way within 1,000 feet of real
20 property comprising any school.
21 Psychological evaluations ordered pursuant to this Section
22shall be completed promptly and made available to the State,
23the defendant, and the court. As a further condition of bail
24under these circumstances, the court shall order the defendant
25to refrain from entering upon the property of the school,
26including any conveyance owned, leased, or contracted by a

SB1640- 166 -LRB099 02653 RLC 22659 b
1school to transport students to or from school or a
2school-related activity, or on any public way within 1,000 feet
3of real property comprising any school. Upon receipt of the
4psychological evaluation, either the State or the defendant may
5request a change in the conditions of bail, pursuant to Section
6110-6 of this Code. The court may change the conditions of bail
7to include a requirement that the defendant follow the
8recommendations of the psychological evaluation, including
9undergoing psychiatric treatment. The conclusions of the
10psychological evaluation and any statements elicited from the
11defendant during its administration are not admissible as
12evidence of guilt during the course of any trial on the charged
13offense, unless the defendant places his or her mental
14competency in issue.
15 (b) The court may impose other conditions, such as the
16following, if the court finds that such conditions are
17reasonably necessary to assure the defendant's appearance in
18court, protect the public from the defendant, or prevent the
19defendant's unlawful interference with the orderly
20administration of justice:
21 (1) Report to or appear in person before such person or
22 agency as the court may direct;
23 (2) Refrain from possessing a firearm or other
24 dangerous weapon;
25 (3) Refrain from approaching or communicating with
26 particular persons or classes of persons;

SB1640- 167 -LRB099 02653 RLC 22659 b
1 (4) Refrain from going to certain described
2 geographical areas or premises;
3 (5) Refrain from engaging in certain activities or
4 indulging in intoxicating liquors or in certain drugs;
5 (6) Undergo treatment for drug addiction or
6 alcoholism;
7 (7) Undergo medical or psychiatric treatment;
8 (8) Work or pursue a course of study or vocational
9 training;
10 (9) Attend or reside in a facility designated by the
11 court;
12 (10) Support his or her dependents;
13 (11) If a minor resides with his or her parents or in a
14 foster home, attend school, attend a non-residential
15 program for youths, and contribute to his or her own
16 support at home or in a foster home;
17 (12) Observe any curfew ordered by the court;
18 (13) Remain in the custody of such designated person or
19 organization agreeing to supervise his release. Such third
20 party custodian shall be responsible for notifying the
21 court if the defendant fails to observe the conditions of
22 release which the custodian has agreed to monitor, and
23 shall be subject to contempt of court for failure so to
24 notify the court;
25 (14) Be placed under direct supervision of the Pretrial
26 Services Agency, Probation Department or Court Services

SB1640- 168 -LRB099 02653 RLC 22659 b
1 Department in a pretrial bond home supervision capacity
2 with or without the use of an approved electronic
3 monitoring device subject to Article 8A of Chapter V of the
4 Unified Code of Corrections;
5 (14.1) The court shall impose upon a defendant who is
6 charged with any alcohol, cannabis, methamphetamine, or
7 controlled substance violation and is placed under direct
8 supervision of the Pretrial Services Agency, Probation
9 Department or Court Services Department in a pretrial bond
10 home supervision capacity with the use of an approved
11 monitoring device, as a condition of such bail bond, a fee
12 that represents costs incidental to the electronic
13 monitoring for each day of such bail supervision ordered by
14 the court, unless after determining the inability of the
15 defendant to pay the fee, the court assesses a lesser fee
16 or no fee as the case may be. The fee shall be collected by
17 the clerk of the circuit court. The clerk of the circuit
18 court shall pay all monies collected from this fee to the
19 county treasurer for deposit in the substance abuse
20 services fund under Section 5-1086.1 of the Counties Code;
21 (14.2) The court shall impose upon all defendants,
22 including those defendants subject to paragraph (14.1)
23 above, placed under direct supervision of the Pretrial
24 Services Agency, Probation Department or Court Services
25 Department in a pretrial bond home supervision capacity
26 with the use of an approved monitoring device, as a

SB1640- 169 -LRB099 02653 RLC 22659 b
1 condition of such bail bond, a fee which shall represent
2 costs incidental to such electronic monitoring for each day
3 of such bail supervision ordered by the court, unless after
4 determining the inability of the defendant to pay the fee,
5 the court assesses a lesser fee or no fee as the case may
6 be. The fee shall be collected by the clerk of the circuit
7 court. The clerk of the circuit court shall pay all monies
8 collected from this fee to the county treasurer who shall
9 use the monies collected to defray the costs of
10 corrections. The county treasurer shall deposit the fee
11 collected in the county working cash fund under Section
12 6-27001 or Section 6-29002 of the Counties Code, as the
13 case may be;
14 (14.3) The Chief Judge of the Judicial Circuit may
15 establish reasonable fees to be paid by a person receiving
16 pretrial services while under supervision of a pretrial
17 services agency, probation department, or court services
18 department. Reasonable fees may be charged for pretrial
19 services including, but not limited to, pretrial
20 supervision, diversion programs, electronic monitoring,
21 victim impact services, drug and alcohol testing, DNA
22 testing, GPS electronic monitoring, assessments and
23 evaluations related to domestic violence and other
24 victims, and victim mediation services. The person
25 receiving pretrial services may be ordered to pay all costs
26 incidental to pretrial services in accordance with his or

SB1640- 170 -LRB099 02653 RLC 22659 b
1 her ability to pay those costs;
2 (14.4) For persons charged with violating Section
3 11-501 of the Illinois Vehicle Code, refrain from operating
4 a motor vehicle not equipped with an ignition interlock
5 device, as defined in Section 1-129.1 of the Illinois
6 Vehicle Code, pursuant to the rules promulgated by the
7 Secretary of State for the installation of ignition
8 interlock devices. Under this condition the court may allow
9 a defendant who is not self-employed to operate a vehicle
10 owned by the defendant's employer that is not equipped with
11 an ignition interlock device in the course and scope of the
12 defendant's employment;
13 (15) Comply with the terms and conditions of an order
14 of protection issued by the court under the Illinois
15 Domestic Violence Act of 1986 or an order of protection
16 issued by the court of another state, tribe, or United
17 States territory;
18 (16) Under Section 110-6.5 comply with the conditions
19 of the drug testing program; and
20 (17) Such other reasonable conditions as the court may
21 impose.
22 (c) When a person is charged with an offense under Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
25Criminal Code of 2012, involving a victim who is a minor under
2618 years of age living in the same household with the defendant

SB1640- 171 -LRB099 02653 RLC 22659 b
1at the time of the offense, in granting bail or releasing the
2defendant on his own recognizance, the judge shall impose
3conditions to restrict the defendant's access to the victim
4which may include, but are not limited to conditions that he
5will:
6 1. Vacate the Household.
7 2. Make payment of temporary support to his dependents.
8 3. Refrain from contact or communication with the child
9 victim, except as ordered by the court.
10 (d) When a person is charged with a criminal offense and
11the victim is a family or household member as defined in
12Article 112A, conditions shall be imposed at the time of the
13defendant's release on bond that restrict the defendant's
14access to the victim. Unless provided otherwise by the court,
15the restrictions shall include requirements that the defendant
16do the following:
17 (1) refrain from contact or communication with the
18 victim for a minimum period of 72 hours following the
19 defendant's release; and
20 (2) refrain from entering or remaining at the victim's
21 residence for a minimum period of 72 hours following the
22 defendant's release.
23 (e) Local law enforcement agencies shall develop
24standardized bond forms for use in cases involving family or
25household members as defined in Article 112A, including
26specific conditions of bond as provided in subsection (d).

SB1640- 172 -LRB099 02653 RLC 22659 b
1Failure of any law enforcement department to develop or use
2those forms shall in no way limit the applicability and
3enforcement of subsections (d) and (f).
4 (f) If the defendant is admitted to bail after conviction
5the conditions of the bail bond shall be that he will, in
6addition to the conditions set forth in subsections (a) and (b)
7hereof:
8 (1) Duly prosecute his appeal;
9 (2) Appear at such time and place as the court may
10 direct;
11 (3) Not depart this State without leave of the court;
12 (4) Comply with such other reasonable conditions as the
13 court may impose; and
14 (5) If the judgment is affirmed or the cause reversed
15 and remanded for a new trial, forthwith surrender to the
16 officer from whose custody he was bailed.
17 (g) Upon a finding of guilty for any felony offense, the
18defendant shall physically surrender, at a time and place
19designated by the court, any and all firearms in his or her
20possession and his or her Firearm Owner's Identification Card
21as a condition of remaining on bond pending sentencing.
22(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
2397-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.
241-25-13.)
25 (725 ILCS 5/112A-11.1)

SB1640- 173 -LRB099 02653 RLC 22659 b
1 Sec. 112A-11.1. Procedure for determining whether certain
2misdemeanor crimes are crimes of domestic violence for purposes
3of federal law.
4 (a) When a defendant has been charged with a violation of
5Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
6Criminal Code of 1961 or the Criminal Code of 2012, the State
7may, at arraignment or no later than 45 days after arraignment,
8for the purpose of notification to the Department of State
9Police Firearm Owner's Identification Card Office, serve on the
10defendant and file with the court a notice alleging that
11conviction of the offense would subject the defendant to the
12prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
13between the defendant and the alleged victim and the nature of
14the alleged offense.
15 (b) The notice shall include the name of the person alleged
16to be the victim of the crime and shall specify the nature of
17the alleged relationship as set forth in 18 U.S.C.
18921(a)(33)(A)(ii). It shall also specify the element of the
19charged offense which requires the use or attempted use of
20physical force, or the threatened use of a deadly weapon, as
21set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
22notice that the defendant is entitled to a hearing on the
23allegation contained in the notice and that if the allegation
24is sustained, that determination and conviction shall be
25reported to the Department of State Police Firearm Owner's
26Identification Card Office.

SB1640- 174 -LRB099 02653 RLC 22659 b
1 (c) After having been notified as provided in subsection
2(b) of this Section, the defendant may stipulate or admit,
3orally on the record or in writing, that conviction of the
4offense would subject the defendant to the prohibitions of 18
5U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
6922(g)(9) shall be deemed established for purposes of Section
7112A-11.2. If the defendant denies the applicability of 18
8U.S.C. 922(g)(9) as alleged in the notice served by the State,
9or stands mute with respect to that allegation, then the State
10shall bear the burden to prove beyond a reasonable doubt that
11the offense is one to which the prohibitions of 18 U.S.C.
12922(g)(9) apply. The court may consider reliable hearsay
13evidence submitted by either party provided that it is relevant
14to the determination of the allegation. Facts previously proven
15at trial or elicited at the time of entry of a plea of guilty
16shall be deemed established beyond a reasonable doubt and shall
17not be relitigated. At the conclusion of the hearing, or upon a
18stipulation or admission, as applicable, the court shall make a
19specific written determination with respect to the allegation.
20(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
21 (725 ILCS 5/112A-11.2)
22 Sec. 112A-11.2. Notification to the Department of State
23Police Firearm Owner's Identification Card Office of
24determinations in certain misdemeanor cases. Upon judgment of
25conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

SB1640- 175 -LRB099 02653 RLC 22659 b
112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
2Code of 2012 when the defendant has been determined, under
3Section 112A-11.1, to be subject to the prohibitions of 18
4U.S.C. 922(g)(9), the circuit court clerk shall include
5notification and a copy of the written determination in a
6report of the conviction to the Department of State Police
7Firearm Owner's Identification Card Office to enable the office
8to report that determination to the Federal Bureau of
9Investigation and assist the Bureau in identifying persons
10prohibited from purchasing and possessing a firearm pursuant to
11the provisions of 18 U.S.C. 922.
12(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
13 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
14 Sec. 112A-14. Order of protection; remedies.
15 (a) Issuance of order. If the court finds that petitioner
16has been abused by a family or household member, as defined in
17this Article, an order of protection prohibiting such abuse
18shall issue; provided that petitioner must also satisfy the
19requirements of one of the following Sections, as appropriate:
20Section 112A-17 on emergency orders, Section 112A-18 on interim
21orders, or Section 112A-19 on plenary orders. Petitioner shall
22not be denied an order of protection because petitioner or
23respondent is a minor. The court, when determining whether or
24not to issue an order of protection, shall not require physical
25manifestations of abuse on the person of the victim.

SB1640- 176 -LRB099 02653 RLC 22659 b
1Modification and extension of prior orders of protection shall
2be in accordance with this Article.
3 (b) Remedies and standards. The remedies to be included in
4an order of protection shall be determined in accordance with
5this Section and one of the following Sections, as appropriate:
6Section 112A-17 on emergency orders, Section 112A-18 on interim
7orders, and Section 112A-19 on plenary orders. The remedies
8listed in this subsection shall be in addition to other civil
9or criminal remedies available to petitioner.
10 (1) Prohibition of abuse. Prohibit respondent's
11 harassment, interference with personal liberty,
12 intimidation of a dependent, physical abuse or willful
13 deprivation, as defined in this Article, if such abuse has
14 occurred or otherwise appears likely to occur if not
15 prohibited.
16 (2) Grant of exclusive possession of residence.
17 Prohibit respondent from entering or remaining in any
18 residence, household, or premises of the petitioner,
19 including one owned or leased by respondent, if petitioner
20 has a right to occupancy thereof. The grant of exclusive
21 possession of the residence, household, or premises shall
22 not affect title to real property, nor shall the court be
23 limited by the standard set forth in Section 701 of the
24 Illinois Marriage and Dissolution of Marriage Act.
25 (A) Right to occupancy. A party has a right to
26 occupancy of a residence or household if it is solely

SB1640- 177 -LRB099 02653 RLC 22659 b
1 or jointly owned or leased by that party, that party's
2 spouse, a person with a legal duty to support that
3 party or a minor child in that party's care, or by any
4 person or entity other than the opposing party that
5 authorizes that party's occupancy (e.g., a domestic
6 violence shelter). Standards set forth in subparagraph
7 (B) shall not preclude equitable relief.
8 (B) Presumption of hardships. If petitioner and
9 respondent each has the right to occupancy of a
10 residence or household, the court shall balance (i) the
11 hardships to respondent and any minor child or
12 dependent adult in respondent's care resulting from
13 entry of this remedy with (ii) the hardships to
14 petitioner and any minor child or dependent adult in
15 petitioner's care resulting from continued exposure to
16 the risk of abuse (should petitioner remain at the
17 residence or household) or from loss of possession of
18 the residence or household (should petitioner leave to
19 avoid the risk of abuse). When determining the balance
20 of hardships, the court shall also take into account
21 the accessibility of the residence or household.
22 Hardships need not be balanced if respondent does not
23 have a right to occupancy.
24 The balance of hardships is presumed to favor
25 possession by petitioner unless the presumption is
26 rebutted by a preponderance of the evidence, showing

SB1640- 178 -LRB099 02653 RLC 22659 b
1 that the hardships to respondent substantially
2 outweigh the hardships to petitioner and any minor
3 child or dependent adult in petitioner's care. The
4 court, on the request of petitioner or on its own
5 motion, may order respondent to provide suitable,
6 accessible, alternate housing for petitioner instead
7 of excluding respondent from a mutual residence or
8 household.
9 (3) Stay away order and additional prohibitions. Order
10 respondent to stay away from petitioner or any other person
11 protected by the order of protection, or prohibit
12 respondent from entering or remaining present at
13 petitioner's school, place of employment, or other
14 specified places at times when petitioner is present, or
15 both, if reasonable, given the balance of hardships.
16 Hardships need not be balanced for the court to enter a
17 stay away order or prohibit entry if respondent has no
18 right to enter the premises.
19 If an order of protection grants petitioner exclusive
20 possession of the residence, or prohibits respondent from
21 entering the residence, or orders respondent to stay away
22 from petitioner or other protected persons, then the court
23 may allow respondent access to the residence to remove
24 items of clothing and personal adornment used exclusively
25 by respondent, medications, and other items as the court
26 directs. The right to access shall be exercised on only one

SB1640- 179 -LRB099 02653 RLC 22659 b
1 occasion as the court directs and in the presence of an
2 agreed-upon adult third party or law enforcement officer.
3 (4) Counseling. Require or recommend the respondent to
4 undergo counseling for a specified duration with a social
5 worker, psychologist, clinical psychologist, psychiatrist,
6 family service agency, alcohol or substance abuse program,
7 mental health center guidance counselor, agency providing
8 services to elders, program designed for domestic violence
9 abusers or any other guidance service the court deems
10 appropriate. The court may order the respondent in any
11 intimate partner relationship to report to an Illinois
12 Department of Human Services protocol approved partner
13 abuse intervention program for an assessment and to follow
14 all recommended treatment.
15 (5) Physical care and possession of the minor child. In
16 order to protect the minor child from abuse, neglect, or
17 unwarranted separation from the person who has been the
18 minor child's primary caretaker, or to otherwise protect
19 the well-being of the minor child, the court may do either
20 or both of the following: (i) grant petitioner physical
21 care or possession of the minor child, or both, or (ii)
22 order respondent to return a minor child to, or not remove
23 a minor child from, the physical care of a parent or person
24 in loco parentis.
25 If a court finds, after a hearing, that respondent has
26 committed abuse (as defined in Section 112A-3) of a minor

SB1640- 180 -LRB099 02653 RLC 22659 b
1 child, there shall be a rebuttable presumption that
2 awarding physical care to respondent would not be in the
3 minor child's best interest.
4 (6) Temporary legal custody. Award temporary legal
5 custody to petitioner in accordance with this Section, the
6 Illinois Marriage and Dissolution of Marriage Act, the
7 Illinois Parentage Act of 1984, and this State's Uniform
8 Child-Custody Jurisdiction and Enforcement Act.
9 If a court finds, after a hearing, that respondent has
10 committed abuse (as defined in Section 112A-3) of a minor
11 child, there shall be a rebuttable presumption that
12 awarding temporary legal custody to respondent would not be
13 in the child's best interest.
14 (7) Visitation. Determine the visitation rights, if
15 any, of respondent in any case in which the court awards
16 physical care or temporary legal custody of a minor child
17 to petitioner. The court shall restrict or deny
18 respondent's visitation with a minor child if the court
19 finds that respondent has done or is likely to do any of
20 the following: (i) abuse or endanger the minor child during
21 visitation; (ii) use the visitation as an opportunity to
22 abuse or harass petitioner or petitioner's family or
23 household members; (iii) improperly conceal or detain the
24 minor child; or (iv) otherwise act in a manner that is not
25 in the best interests of the minor child. The court shall
26 not be limited by the standards set forth in Section 607.1

SB1640- 181 -LRB099 02653 RLC 22659 b
1 of the Illinois Marriage and Dissolution of Marriage Act.
2 If the court grants visitation, the order shall specify
3 dates and times for the visitation to take place or other
4 specific parameters or conditions that are appropriate. No
5 order for visitation shall refer merely to the term
6 "reasonable visitation".
7 Petitioner may deny respondent access to the minor
8 child if, when respondent arrives for visitation,
9 respondent is under the influence of drugs or alcohol and
10 constitutes a threat to the safety and well-being of
11 petitioner or petitioner's minor children or is behaving in
12 a violent or abusive manner.
13 If necessary to protect any member of petitioner's
14 family or household from future abuse, respondent shall be
15 prohibited from coming to petitioner's residence to meet
16 the minor child for visitation, and the parties shall
17 submit to the court their recommendations for reasonable
18 alternative arrangements for visitation. A person may be
19 approved to supervise visitation only after filing an
20 affidavit accepting that responsibility and acknowledging
21 accountability to the court.
22 (8) Removal or concealment of minor child. Prohibit
23 respondent from removing a minor child from the State or
24 concealing the child within the State.
25 (9) Order to appear. Order the respondent to appear in
26 court, alone or with a minor child, to prevent abuse,

SB1640- 182 -LRB099 02653 RLC 22659 b
1 neglect, removal or concealment of the child, to return the
2 child to the custody or care of the petitioner or to permit
3 any court-ordered interview or examination of the child or
4 the respondent.
5 (10) Possession of personal property. Grant petitioner
6 exclusive possession of personal property and, if
7 respondent has possession or control, direct respondent to
8 promptly make it available to petitioner, if:
9 (i) petitioner, but not respondent, owns the
10 property; or
11 (ii) the parties own the property jointly; sharing
12 it would risk abuse of petitioner by respondent or is
13 impracticable; and the balance of hardships favors
14 temporary possession by petitioner.
15 If petitioner's sole claim to ownership of the property
16 is that it is marital property, the court may award
17 petitioner temporary possession thereof under the
18 standards of subparagraph (ii) of this paragraph only if a
19 proper proceeding has been filed under the Illinois
20 Marriage and Dissolution of Marriage Act, as now or
21 hereafter amended.
22 No order under this provision shall affect title to
23 property.
24 (11) Protection of property. Forbid the respondent
25 from taking, transferring, encumbering, concealing,
26 damaging or otherwise disposing of any real or personal

SB1640- 183 -LRB099 02653 RLC 22659 b
1 property, except as explicitly authorized by the court, if:
2 (i) petitioner, but not respondent, owns the
3 property; or
4 (ii) the parties own the property jointly, and the
5 balance of hardships favors granting this remedy.
6 If petitioner's sole claim to ownership of the property
7 is that it is marital property, the court may grant
8 petitioner relief under subparagraph (ii) of this
9 paragraph only if a proper proceeding has been filed under
10 the Illinois Marriage and Dissolution of Marriage Act, as
11 now or hereafter amended.
12 The court may further prohibit respondent from
13 improperly using the financial or other resources of an
14 aged member of the family or household for the profit or
15 advantage of respondent or of any other person.
16 (11.5) Protection of animals. Grant the petitioner the
17 exclusive care, custody, or control of any animal owned,
18 possessed, leased, kept, or held by either the petitioner
19 or the respondent or a minor child residing in the
20 residence or household of either the petitioner or the
21 respondent and order the respondent to stay away from the
22 animal and forbid the respondent from taking,
23 transferring, encumbering, concealing, harming, or
24 otherwise disposing of the animal.
25 (12) Order for payment of support. Order respondent to
26 pay temporary support for the petitioner or any child in

SB1640- 184 -LRB099 02653 RLC 22659 b
1 the petitioner's care or custody, when the respondent has a
2 legal obligation to support that person, in accordance with
3 the Illinois Marriage and Dissolution of Marriage Act,
4 which shall govern, among other matters, the amount of
5 support, payment through the clerk and withholding of
6 income to secure payment. An order for child support may be
7 granted to a petitioner with lawful physical care or
8 custody of a child, or an order or agreement for physical
9 care or custody, prior to entry of an order for legal
10 custody. Such a support order shall expire upon entry of a
11 valid order granting legal custody to another, unless
12 otherwise provided in the custody order.
13 (13) Order for payment of losses. Order respondent to
14 pay petitioner for losses suffered as a direct result of
15 the abuse. Such losses shall include, but not be limited
16 to, medical expenses, lost earnings or other support,
17 repair or replacement of property damaged or taken,
18 reasonable attorney's fees, court costs and moving or other
19 travel expenses, including additional reasonable expenses
20 for temporary shelter and restaurant meals.
21 (i) Losses affecting family needs. If a party is
22 entitled to seek maintenance, child support or
23 property distribution from the other party under the
24 Illinois Marriage and Dissolution of Marriage Act, as
25 now or hereafter amended, the court may order
26 respondent to reimburse petitioner's actual losses, to

SB1640- 185 -LRB099 02653 RLC 22659 b
1 the extent that such reimbursement would be
2 "appropriate temporary relief", as authorized by
3 subsection (a)(3) of Section 501 of that Act.
4 (ii) Recovery of expenses. In the case of an
5 improper concealment or removal of a minor child, the
6 court may order respondent to pay the reasonable
7 expenses incurred or to be incurred in the search for
8 and recovery of the minor child, including but not
9 limited to legal fees, court costs, private
10 investigator fees, and travel costs.
11 (14) Prohibition of entry. Prohibit the respondent
12 from entering or remaining in the residence or household
13 while the respondent is under the influence of alcohol or
14 drugs and constitutes a threat to the safety and well-being
15 of the petitioner or the petitioner's children.
16 (14.5) Prohibition of firearm possession.
17 (A) A person who is subject to an existing order of
18 protection, interim order of protection, emergency
19 order of protection, or plenary order of protection,
20 issued under this Code may not lawfully possess
21 firearms, stun guns, or tasers weapons under Section
22 8.2 of the Firearm Owners Identification Card Act.
23 (B) Any firearms in the possession of the
24 respondent, except as provided in subparagraph (C) of
25 this paragraph (14.5), shall be ordered by the court to
26 be turned over to a person who is not prohibited under

SB1640- 186 -LRB099 02653 RLC 22659 b
1 State or federal law from possessing firearms with a
2 valid Firearm Owner's Identification Card for
3 safekeeping. The court shall issue an order that the
4 respondent's Firearm Owner's Identification Card be
5 turned over to the local law enforcement agency, which
6 in turn shall immediately mail the card to the
7 Department of State Police Firearm Owner's
8 Identification Card Office for safekeeping. The period
9 of safekeeping shall be for the duration of the order
10 of protection. The firearm or firearms and Firearm
11 Owner's Identification Card, if unexpired, shall at
12 the respondent's request be returned to the respondent
13 at expiration of the order of protection.
14 (C) If the respondent is a peace officer as defined
15 in Section 2-13 of the Criminal Code of 2012, the court
16 shall order that any firearms used by the respondent in
17 the performance of his or her duties as a peace officer
18 be surrendered to the chief law enforcement executive
19 of the agency in which the respondent is employed, who
20 shall retain the firearms for safekeeping for the
21 duration of the order of protection.
22 (D) Upon expiration of the period of safekeeping,
23 if the firearms or Firearm Owner's Identification Card
24 cannot be returned to respondent because respondent
25 cannot be located, fails to respond to requests to
26 retrieve the firearms, or is not lawfully eligible to

SB1640- 187 -LRB099 02653 RLC 22659 b
1 possess a firearm, upon petition from the local law
2 enforcement agency, the court may order the local law
3 enforcement agency to destroy the firearms, use the
4 firearms for training purposes, or for any other
5 application as deemed appropriate by the local law
6 enforcement agency; or that the firearms be turned over
7 to a third party who is lawfully eligible to possess
8 firearms, and who does not reside with respondent.
9 (15) Prohibition of access to records. If an order of
10 protection prohibits respondent from having contact with
11 the minor child, or if petitioner's address is omitted
12 under subsection (b) of Section 112A-5, or if necessary to
13 prevent abuse or wrongful removal or concealment of a minor
14 child, the order shall deny respondent access to, and
15 prohibit respondent from inspecting, obtaining, or
16 attempting to inspect or obtain, school or any other
17 records of the minor child who is in the care of
18 petitioner.
19 (16) Order for payment of shelter services. Order
20 respondent to reimburse a shelter providing temporary
21 housing and counseling services to the petitioner for the
22 cost of the services, as certified by the shelter and
23 deemed reasonable by the court.
24 (17) Order for injunctive relief. Enter injunctive
25 relief necessary or appropriate to prevent further abuse of
26 a family or household member or to effectuate one of the

SB1640- 188 -LRB099 02653 RLC 22659 b
1 granted remedies, if supported by the balance of hardships.
2 If the harm to be prevented by the injunction is abuse or
3 any other harm that one of the remedies listed in
4 paragraphs (1) through (16) of this subsection is designed
5 to prevent, no further evidence is necessary to establish
6 that the harm is an irreparable injury.
7 (c) Relevant factors; findings.
8 (1) In determining whether to grant a specific remedy,
9 other than payment of support, the court shall consider
10 relevant factors, including but not limited to the
11 following:
12 (i) the nature, frequency, severity, pattern and
13 consequences of the respondent's past abuse of the
14 petitioner or any family or household member,
15 including the concealment of his or her location in
16 order to evade service of process or notice, and the
17 likelihood of danger of future abuse to petitioner or
18 any member of petitioner's or respondent's family or
19 household; and
20 (ii) the danger that any minor child will be abused
21 or neglected or improperly removed from the
22 jurisdiction, improperly concealed within the State or
23 improperly separated from the child's primary
24 caretaker.
25 (2) In comparing relative hardships resulting to the
26 parties from loss of possession of the family home, the

SB1640- 189 -LRB099 02653 RLC 22659 b
1 court shall consider relevant factors, including but not
2 limited to the following:
3 (i) availability, accessibility, cost, safety,
4 adequacy, location and other characteristics of
5 alternate housing for each party and any minor child or
6 dependent adult in the party's care;
7 (ii) the effect on the party's employment; and
8 (iii) the effect on the relationship of the party,
9 and any minor child or dependent adult in the party's
10 care, to family, school, church and community.
11 (3) Subject to the exceptions set forth in paragraph
12 (4) of this subsection, the court shall make its findings
13 in an official record or in writing, and shall at a minimum
14 set forth the following:
15 (i) That the court has considered the applicable
16 relevant factors described in paragraphs (1) and (2) of
17 this subsection.
18 (ii) Whether the conduct or actions of respondent,
19 unless prohibited, will likely cause irreparable harm
20 or continued abuse.
21 (iii) Whether it is necessary to grant the
22 requested relief in order to protect petitioner or
23 other alleged abused persons.
24 (4) For purposes of issuing an ex parte emergency order
25 of protection, the court, as an alternative to or as a
26 supplement to making the findings described in paragraphs

SB1640- 190 -LRB099 02653 RLC 22659 b
1 (c)(3)(i) through (c)(3)(iii) of this subsection, may use
2 the following procedure:
3 When a verified petition for an emergency order of
4 protection in accordance with the requirements of Sections
5 112A-5 and 112A-17 is presented to the court, the court
6 shall examine petitioner on oath or affirmation. An
7 emergency order of protection shall be issued by the court
8 if it appears from the contents of the petition and the
9 examination of petitioner that the averments are
10 sufficient to indicate abuse by respondent and to support
11 the granting of relief under the issuance of the emergency
12 order of protection.
13 (5) Never married parties. No rights or
14 responsibilities for a minor child born outside of marriage
15 attach to a putative father until a father and child
16 relationship has been established under the Illinois
17 Parentage Act of 1984. Absent such an adjudication, no
18 putative father shall be granted temporary custody of the
19 minor child, visitation with the minor child, or physical
20 care and possession of the minor child, nor shall an order
21 of payment for support of the minor child be entered.
22 (d) Balance of hardships; findings. If the court finds that
23the balance of hardships does not support the granting of a
24remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

SB1640- 191 -LRB099 02653 RLC 22659 b
1include a finding as to whether granting the remedy will result
2in hardship to respondent that would substantially outweigh the
3hardship to petitioner from denial of the remedy. The findings
4shall be an official record or in writing.
5 (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7 (1) Respondent has cause for any use of force, unless
8 that cause satisfies the standards for justifiable use of
9 force provided by Article 7 of the Criminal Code of 2012;
10 (2) Respondent was voluntarily intoxicated;
11 (3) Petitioner acted in self-defense or defense of
12 another, provided that, if petitioner utilized force, such
13 force was justifiable under Article 7 of the Criminal Code
14 of 2012;
15 (4) Petitioner did not act in self-defense or defense
16 of another;
17 (5) Petitioner left the residence or household to avoid
18 further abuse by respondent;
19 (6) Petitioner did not leave the residence or household
20 to avoid further abuse by respondent;
21 (7) Conduct by any family or household member excused
22 the abuse by respondent, unless that same conduct would
23 have excused such abuse if the parties had not been family
24 or household members.
25(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;
2697-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)

SB1640- 192 -LRB099 02653 RLC 22659 b
1 Section 95. The Unified Code of Corrections is amended by
2changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
3 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
4 Sec. 5-5-3. Disposition.
5 (a) (Blank).
6 (b) (Blank).
7 (c) (1) (Blank).
8 (2) A period of probation, a term of periodic imprisonment
9or conditional discharge shall not be imposed for the following
10offenses. The court shall sentence the offender to not less
11than the minimum term of imprisonment set forth in this Code
12for the following offenses, and may order a fine or restitution
13or both in conjunction with such term of imprisonment:
14 (A) First degree murder where the death penalty is not
15 imposed.
16 (B) Attempted first degree murder.
17 (C) A Class X felony.
18 (D) A violation of Section 401.1 or 407 of the Illinois
19 Controlled Substances Act, or a violation of subdivision
20 (c)(1.5) or (c)(2) of Section 401 of that Act which relates
21 to more than 5 grams of a substance containing cocaine,
22 fentanyl, or an analog thereof.
23 (D-5) A violation of subdivision (c)(1) of Section 401
24 of the Illinois Controlled Substances Act which relates to

SB1640- 193 -LRB099 02653 RLC 22659 b
1 3 or more grams of a substance containing heroin or an
2 analog thereof.
3 (E) A violation of Section 5.1 or 9 of the Cannabis
4 Control Act.
5 (F) A Class 2 or greater felony if the offender had
6 been convicted of a Class 2 or greater felony, including
7 any state or federal conviction for an offense that
8 contained, at the time it was committed, the same elements
9 as an offense now (the date of the offense committed after
10 the prior Class 2 or greater felony) classified as a Class
11 2 or greater felony, within 10 years of the date on which
12 the offender committed the offense for which he or she is
13 being sentenced, except as otherwise provided in Section
14 40-10 of the Alcoholism and Other Drug Abuse and Dependency
15 Act.
16 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
17 the Criminal Code of 1961 or the Criminal Code of 2012 for
18 which imprisonment is prescribed in those Sections.
19 (G) Residential burglary, except as otherwise provided
20 in Section 40-10 of the Alcoholism and Other Drug Abuse and
21 Dependency Act.
22 (H) Criminal sexual assault.
23 (I) Aggravated battery of a senior citizen as described
24 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
25 of the Criminal Code of 1961 or the Criminal Code of 2012.
26 (J) A forcible felony if the offense was related to the

SB1640- 194 -LRB099 02653 RLC 22659 b
1 activities of an organized gang.
2 Before July 1, 1994, for the purposes of this
3 paragraph, "organized gang" means an association of 5 or
4 more persons, with an established hierarchy, that
5 encourages members of the association to perpetrate crimes
6 or provides support to the members of the association who
7 do commit crimes.
8 Beginning July 1, 1994, for the purposes of this
9 paragraph, "organized gang" has the meaning ascribed to it
10 in Section 10 of the Illinois Streetgang Terrorism Omnibus
11 Prevention Act.
12 (K) Vehicular hijacking.
13 (L) A second or subsequent conviction for the offense
14 of hate crime when the underlying offense upon which the
15 hate crime is based is felony aggravated assault or felony
16 mob action.
17 (M) A second or subsequent conviction for the offense
18 of institutional vandalism if the damage to the property
19 exceeds $300.
20 (N) (Blank). A Class 3 felony violation of paragraph
21 (1) of subsection (a) of Section 2 of the Firearm Owners
22 Identification Card Act.
23 (O) A violation of Section 12-6.1 or 12-6.5 of the
24 Criminal Code of 1961 or the Criminal Code of 2012.
25 (P) A violation of paragraph (1), (2), (3), (4), (5),
26 or (7) of subsection (a) of Section 11-20.1 of the Criminal

SB1640- 195 -LRB099 02653 RLC 22659 b
1 Code of 1961 or the Criminal Code of 2012.
2 (Q) A violation of subsection (b) or (b-5) of Section
3 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
4 Code of 1961 or the Criminal Code of 2012.
5 (R) A violation of Section 24-3A of the Criminal Code
6 of 1961 or the Criminal Code of 2012.
7 (S) (Blank).
8 (T) A second or subsequent violation of the
9 Methamphetamine Control and Community Protection Act.
10 (U) A second or subsequent violation of Section 6-303
11 of the Illinois Vehicle Code committed while his or her
12 driver's license, permit, or privilege was revoked because
13 of a violation of Section 9-3 of the Criminal Code of 1961
14 or the Criminal Code of 2012, relating to the offense of
15 reckless homicide, or a similar provision of a law of
16 another state.
17 (V) A violation of paragraph (4) of subsection (c) of
18 Section 11-20.1B or paragraph (4) of subsection (c) of
19 Section 11-20.3 of the Criminal Code of 1961, or paragraph
20 (6) of subsection (a) of Section 11-20.1 of the Criminal
21 Code of 2012 when the victim is under 13 years of age and
22 the defendant has previously been convicted under the laws
23 of this State or any other state of the offense of child
24 pornography, aggravated child pornography, aggravated
25 criminal sexual abuse, aggravated criminal sexual assault,
26 predatory criminal sexual assault of a child, or any of the

SB1640- 196 -LRB099 02653 RLC 22659 b
1 offenses formerly known as rape, deviate sexual assault,
2 indecent liberties with a child, or aggravated indecent
3 liberties with a child where the victim was under the age
4 of 18 years or an offense that is substantially equivalent
5 to those offenses.
6 (W) A violation of Section 24-3.5 of the Criminal Code
7 of 1961 or the Criminal Code of 2012.
8 (X) A violation of subsection (a) of Section 31-1a of
9 the Criminal Code of 1961 or the Criminal Code of 2012.
10 (Y) A conviction for unlawful possession of a firearm
11 by a street gang member when the firearm was loaded or
12 contained firearm ammunition.
13 (Z) A Class 1 felony committed while he or she was
14 serving a term of probation or conditional discharge for a
15 felony.
16 (AA) Theft of property exceeding $500,000 and not
17 exceeding $1,000,000 in value.
18 (BB) Laundering of criminally derived property of a
19 value exceeding $500,000.
20 (CC) Knowingly selling, offering for sale, holding for
21 sale, or using 2,000 or more counterfeit items or
22 counterfeit items having a retail value in the aggregate of
23 $500,000 or more.
24 (DD) A conviction for aggravated assault under
25 paragraph (6) of subsection (c) of Section 12-2 of the
26 Criminal Code of 1961 or the Criminal Code of 2012 if the

SB1640- 197 -LRB099 02653 RLC 22659 b
1 firearm is aimed toward the person against whom the firearm
2 is being used.
3 (3) (Blank).
4 (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8 (4.1) (Blank).
9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13 (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17 (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court, shall be imposed for a third or subsequent violation of
21Section 6-303 of the Illinois Vehicle Code.
22 (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25 (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

SB1640- 198 -LRB099 02653 RLC 22659 b
1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3 (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303 of
6the Illinois Vehicle Code, as provided in subsection (b-5) of
7that Section.
8 (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for a
12period of not less than 5 years from the date of his or her
13release from prison.
14 (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20 (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation of
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
24as provided in subsection (d-3.5) of that Section. The person's
25driving privileges shall be revoked for the remainder of his or
26her life.

SB1640- 199 -LRB099 02653 RLC 22659 b
1 (5) The court may sentence a corporation or unincorporated
2association convicted of any offense to:
3 (A) a period of conditional discharge;
4 (B) a fine;
5 (C) make restitution to the victim under Section 5-5-6
6 of this Code.
7 (5.1) In addition to any other penalties imposed, and
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14 (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit, or
18privileges suspended for at least 180 days but not more than 2
19years, if the violation resulted in injury to another person.
20 (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25 (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

SB1640- 200 -LRB099 02653 RLC 22659 b
1Code shall have his or her driver's license, permit, or
2privileges suspended for 3 months and until he or she has paid
3a reinstatement fee of $100.
4 (5.5) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code during a period in which his or her driver's license,
7permit, or privileges were suspended for a previous violation
8of that Section shall have his or her driver's license, permit,
9or privileges suspended for an additional 6 months after the
10expiration of the original 3-month suspension and until he or
11she has paid a reinstatement fee of $100.
12 (6) (Blank).
13 (7) (Blank).
14 (8) (Blank).
15 (9) A defendant convicted of a second or subsequent offense
16of ritualized abuse of a child may be sentenced to a term of
17natural life imprisonment.
18 (10) (Blank).
19 (11) The court shall impose a minimum fine of $1,000 for a
20first offense and $2,000 for a second or subsequent offense
21upon a person convicted of or placed on supervision for battery
22when the individual harmed was a sports official or coach at
23any level of competition and the act causing harm to the sports
24official or coach occurred within an athletic facility or
25within the immediate vicinity of the athletic facility at which
26the sports official or coach was an active participant of the

SB1640- 201 -LRB099 02653 RLC 22659 b
1athletic contest held at the athletic facility. For the
2purposes of this paragraph (11), "sports official" means a
3person at an athletic contest who enforces the rules of the
4contest, such as an umpire or referee; "athletic facility"
5means an indoor or outdoor playing field or recreational area
6where sports activities are conducted; and "coach" means a
7person recognized as a coach by the sanctioning authority that
8conducted the sporting event.
9 (12) A person may not receive a disposition of court
10supervision for a violation of Section 5-16 of the Boat
11Registration and Safety Act if that person has previously
12received a disposition of court supervision for a violation of
13that Section.
14 (13) A person convicted of or placed on court supervision
15for an assault or aggravated assault when the victim and the
16offender are family or household members as defined in Section
17103 of the Illinois Domestic Violence Act of 1986 or convicted
18of domestic battery or aggravated domestic battery may be
19required to attend a Partner Abuse Intervention Program under
20protocols set forth by the Illinois Department of Human
21Services under such terms and conditions imposed by the court.
22The costs of such classes shall be paid by the offender.
23 (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of the
26Unified Code of Corrections which may include evidence of the

SB1640- 202 -LRB099 02653 RLC 22659 b
1defendant's life, moral character and occupation during the
2time since the original sentence was passed. The trial court
3shall then impose sentence upon the defendant. The trial court
4may impose any sentence which could have been imposed at the
5original trial subject to Section 5-5-4 of the Unified Code of
6Corrections. If a sentence is vacated on appeal or on
7collateral attack due to the failure of the trier of fact at
8trial to determine beyond a reasonable doubt the existence of a
9fact (other than a prior conviction) necessary to increase the
10punishment for the offense beyond the statutory maximum
11otherwise applicable, either the defendant may be re-sentenced
12to a term within the range otherwise provided or, if the State
13files notice of its intention to again seek the extended
14sentence, the defendant shall be afforded a new trial.
15 (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall consider
20the safety and welfare of the victim and may impose a sentence
21of probation only where:
22 (1) the court finds (A) or (B) or both are appropriate:
23 (A) the defendant is willing to undergo a court
24 approved counseling program for a minimum duration of 2
25 years; or
26 (B) the defendant is willing to participate in a

SB1640- 203 -LRB099 02653 RLC 22659 b
1 court approved plan including but not limited to the
2 defendant's:
3 (i) removal from the household;
4 (ii) restricted contact with the victim;
5 (iii) continued financial support of the
6 family;
7 (iv) restitution for harm done to the victim;
8 and
9 (v) compliance with any other measures that
10 the court may deem appropriate; and
11 (2) the court orders the defendant to pay for the
12 victim's counseling services, to the extent that the court
13 finds, after considering the defendant's income and
14 assets, that the defendant is financially capable of paying
15 for such services, if the victim was under 18 years of age
16 at the time the offense was committed and requires
17 counseling as a result of the offense.
18 Probation may be revoked or modified pursuant to Section
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose a term of imprisonment.
25 For the purposes of this Section, "family member" and
26"victim" shall have the meanings ascribed to them in Section

SB1640- 204 -LRB099 02653 RLC 22659 b
111-0.1 of the Criminal Code of 2012.
2 (f) (Blank).
3 (g) Whenever a defendant is convicted of an offense under
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
511-14.3, 11-14.4 except for an offense that involves keeping a
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the defendant shall undergo medical
10testing to determine whether the defendant has any sexually
11transmissible disease, including a test for infection with
12human immunodeficiency virus (HIV) or any other identified
13causative agent of acquired immunodeficiency syndrome (AIDS).
14Any such medical test shall be performed only by appropriately
15licensed medical practitioners and may include an analysis of
16any bodily fluids as well as an examination of the defendant's
17person. Except as otherwise provided by law, the results of
18such test shall be kept strictly confidential by all medical
19personnel involved in the testing and must be personally
20delivered in a sealed envelope to the judge of the court in
21which the conviction was entered for the judge's inspection in
22camera. Acting in accordance with the best interests of the
23victim and the public, the judge shall have the discretion to
24determine to whom, if anyone, the results of the testing may be
25revealed. The court shall notify the defendant of the test
26results. The court shall also notify the victim if requested by

SB1640- 205 -LRB099 02653 RLC 22659 b
1the victim, and if the victim is under the age of 15 and if
2requested by the victim's parents or legal guardian, the court
3shall notify the victim's parents or legal guardian of the test
4results. The court shall provide information on the
5availability of HIV testing and counseling at Department of
6Public Health facilities to all parties to whom the results of
7the testing are revealed and shall direct the State's Attorney
8to provide the information to the victim when possible. A
9State's Attorney may petition the court to obtain the results
10of any HIV test administered under this Section, and the court
11shall grant the disclosure if the State's Attorney shows it is
12relevant in order to prosecute a charge of criminal
13transmission of HIV under Section 12-5.01 or 12-16.2 of the
14Criminal Code of 1961 or the Criminal Code of 2012 against the
15defendant. The court shall order that the cost of any such test
16shall be paid by the county and may be taxed as costs against
17the convicted defendant.
18 (g-5) When an inmate is tested for an airborne communicable
19disease, as determined by the Illinois Department of Public
20Health including but not limited to tuberculosis, the results
21of the test shall be personally delivered by the warden or his
22or her designee in a sealed envelope to the judge of the court
23in which the inmate must appear for the judge's inspection in
24camera if requested by the judge. Acting in accordance with the
25best interests of those in the courtroom, the judge shall have
26the discretion to determine what if any precautions need to be

SB1640- 206 -LRB099 02653 RLC 22659 b
1taken to prevent transmission of the disease in the courtroom.
2 (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01 or

SB1640- 207 -LRB099 02653 RLC 22659 b
112-16.2 of the Criminal Code of 1961 or the Criminal Code of
22012 against the defendant. The court shall order that the cost
3of any such test shall be paid by the county and may be taxed as
4costs against the convicted defendant.
5 (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under Section 27.5
11of the Clerks of Courts Act.
12 (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the Methamphetamine
25Control and Community Protection Act of a defendant, the court
26shall determine whether the defendant is employed by a facility

SB1640- 208 -LRB099 02653 RLC 22659 b
1or center as defined under the Child Care Act of 1969, a public
2or private elementary or secondary school, or otherwise works
3with children under 18 years of age on a daily basis. When a
4defendant is so employed, the court shall order the Clerk of
5the Court to send a copy of the judgment of conviction or order
6of supervision or probation to the defendant's employer by
7certified mail. If the employer of the defendant is a school,
8the Clerk of the Court shall direct the mailing of a copy of
9the judgment of conviction or order of supervision or probation
10to the appropriate regional superintendent of schools. The
11regional superintendent of schools shall notify the State Board
12of Education of any notification under this subsection.
13 (j-5) A defendant at least 17 years of age who is convicted
14of a felony and who has not been previously convicted of a
15misdemeanor or felony and who is sentenced to a term of
16imprisonment in the Illinois Department of Corrections shall as
17a condition of his or her sentence be required by the court to
18attend educational courses designed to prepare the defendant
19for a high school diploma and to work toward a high school
20diploma or to work toward passing high school equivalency
21testing or to work toward completing a vocational training
22program offered by the Department of Corrections. If a
23defendant fails to complete the educational training required
24by his or her sentence during the term of incarceration, the
25Prisoner Review Board shall, as a condition of mandatory
26supervised release, require the defendant, at his or her own

SB1640- 209 -LRB099 02653 RLC 22659 b
1expense, to pursue a course of study toward a high school
2diploma or passage of high school equivalency testing. The
3Prisoner Review Board shall revoke the mandatory supervised
4release of a defendant who wilfully fails to comply with this
5subsection (j-5) upon his or her release from confinement in a
6penal institution while serving a mandatory supervised release
7term; however, the inability of the defendant after making a
8good faith effort to obtain financial aid or pay for the
9educational training shall not be deemed a wilful failure to
10comply. The Prisoner Review Board shall recommit the defendant
11whose mandatory supervised release term has been revoked under
12this subsection (j-5) as provided in Section 3-3-9. This
13subsection (j-5) does not apply to a defendant who has a high
14school diploma or has successfully passed high school
15equivalency testing. This subsection (j-5) does not apply to a
16defendant who is determined by the court to be developmentally
17disabled or otherwise mentally incapable of completing the
18educational or vocational program.
19 (k) (Blank).
20 (l) (A) Except as provided in paragraph (C) of subsection
21(l), whenever a defendant, who is an alien as defined by the
22Immigration and Nationality Act, is convicted of any felony or
23misdemeanor offense, the court after sentencing the defendant
24may, upon motion of the State's Attorney, hold sentence in
25abeyance and remand the defendant to the custody of the
26Attorney General of the United States or his or her designated

SB1640- 210 -LRB099 02653 RLC 22659 b
1agent to be deported when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in
9this Chapter V.
10 (B) If the defendant has already been sentenced for a
11felony or misdemeanor offense, or has been placed on probation
12under Section 10 of the Cannabis Control Act, Section 410 of
13the Illinois Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act, the
15court may, upon motion of the State's Attorney to suspend the
16sentence imposed, commit the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who are
26subject to the provisions of paragraph (2) of subsection (a) of

SB1640- 211 -LRB099 02653 RLC 22659 b
1Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3sentenced under this Section returns to the jurisdiction of the
4United States, the defendant shall be recommitted to the
5custody of the county from which he or she was sentenced.
6Thereafter, the defendant shall be brought before the
7sentencing court, which may impose any sentence that was
8available under Section 5-5-3 at the time of initial
9sentencing. In addition, the defendant shall not be eligible
10for additional sentence credit for good conduct as provided
11under Section 3-6-3.
12 (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person is an addict or alcoholic, as defined in
25the Alcoholism and Other Drug Abuse and Dependency Act, to a
26substance or alcohol abuse program licensed under that Act.

SB1640- 212 -LRB099 02653 RLC 22659 b
1 (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions of
5license renewal established by the Secretary of State.
6(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
797-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
81-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
9eff. 7-16-14.)
10 (730 ILCS 5/5-5-3.2)
11 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
12Sentencing.
13 (a) The following factors shall be accorded weight in favor
14of imposing a term of imprisonment or may be considered by the
15court as reasons to impose a more severe sentence under Section
165-8-1 or Article 4.5 of Chapter V:
17 (1) the defendant's conduct caused or threatened
18 serious harm;
19 (2) the defendant received compensation for committing
20 the offense;
21 (3) the defendant has a history of prior delinquency or
22 criminal activity;
23 (4) the defendant, by the duties of his office or by
24 his position, was obliged to prevent the particular offense
25 committed or to bring the offenders committing it to

SB1640- 213 -LRB099 02653 RLC 22659 b
1 justice;
2 (5) the defendant held public office at the time of the
3 offense, and the offense related to the conduct of that
4 office;
5 (6) the defendant utilized his professional reputation
6 or position in the community to commit the offense, or to
7 afford him an easier means of committing it;
8 (7) the sentence is necessary to deter others from
9 committing the same crime;
10 (8) the defendant committed the offense against a
11 person 60 years of age or older or such person's property;
12 (9) the defendant committed the offense against a
13 person who is physically handicapped or such person's
14 property;
15 (10) by reason of another individual's actual or
16 perceived race, color, creed, religion, ancestry, gender,
17 sexual orientation, physical or mental disability, or
18 national origin, the defendant committed the offense
19 against (i) the person or property of that individual; (ii)
20 the person or property of a person who has an association
21 with, is married to, or has a friendship with the other
22 individual; or (iii) the person or property of a relative
23 (by blood or marriage) of a person described in clause (i)
24 or (ii). For the purposes of this Section, "sexual
25 orientation" means heterosexuality, homosexuality, or
26 bisexuality;

SB1640- 214 -LRB099 02653 RLC 22659 b
1 (11) the offense took place in a place of worship or on
2 the grounds of a place of worship, immediately prior to,
3 during or immediately following worship services. For
4 purposes of this subparagraph, "place of worship" shall
5 mean any church, synagogue or other building, structure or
6 place used primarily for religious worship;
7 (12) the defendant was convicted of a felony committed
8 while he was released on bail or his own recognizance
9 pending trial for a prior felony and was convicted of such
10 prior felony, or the defendant was convicted of a felony
11 committed while he was serving a period of probation,
12 conditional discharge, or mandatory supervised release
13 under subsection (d) of Section 5-8-1 for a prior felony;
14 (13) the defendant committed or attempted to commit a
15 felony while he was wearing a bulletproof vest. For the
16 purposes of this paragraph (13), a bulletproof vest is any
17 device which is designed for the purpose of protecting the
18 wearer from bullets, shot or other lethal projectiles;
19 (14) the defendant held a position of trust or
20 supervision such as, but not limited to, family member as
21 defined in Section 11-0.1 of the Criminal Code of 2012,
22 teacher, scout leader, baby sitter, or day care worker, in
23 relation to a victim under 18 years of age, and the
24 defendant committed an offense in violation of Section
25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
26 11-14.4 except for an offense that involves keeping a place

SB1640- 215 -LRB099 02653 RLC 22659 b
1 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
2 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
3 or 12-16 of the Criminal Code of 1961 or the Criminal Code
4 of 2012 against that victim;
5 (15) the defendant committed an offense related to the
6 activities of an organized gang. For the purposes of this
7 factor, "organized gang" has the meaning ascribed to it in
8 Section 10 of the Streetgang Terrorism Omnibus Prevention
9 Act;
10 (16) the defendant committed an offense in violation of
11 one of the following Sections while in a school, regardless
12 of the time of day or time of year; on any conveyance
13 owned, leased, or contracted by a school to transport
14 students to or from school or a school related activity; on
15 the real property of a school; or on a public way within
16 1,000 feet of the real property comprising any school:
17 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
18 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
19 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
20 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
21 18-2, or 33A-2, or Section 12-3.05 except for subdivision
22 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
23 Criminal Code of 2012;
24 (16.5) the defendant committed an offense in violation
25 of one of the following Sections while in a day care
26 center, regardless of the time of day or time of year; on

SB1640- 216 -LRB099 02653 RLC 22659 b
1 the real property of a day care center, regardless of the
2 time of day or time of year; or on a public way within
3 1,000 feet of the real property comprising any day care
4 center, regardless of the time of day or time of year:
5 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
6 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
7 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
8 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
9 18-2, or 33A-2, or Section 12-3.05 except for subdivision
10 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
11 Criminal Code of 2012;
12 (17) the defendant committed the offense by reason of
13 any person's activity as a community policing volunteer or
14 to prevent any person from engaging in activity as a
15 community policing volunteer. For the purpose of this
16 Section, "community policing volunteer" has the meaning
17 ascribed to it in Section 2-3.5 of the Criminal Code of
18 2012;
19 (18) the defendant committed the offense in a nursing
20 home or on the real property comprising a nursing home. For
21 the purposes of this paragraph (18), "nursing home" means a
22 skilled nursing or intermediate long term care facility
23 that is subject to license by the Illinois Department of
24 Public Health under the Nursing Home Care Act, the
25 Specialized Mental Health Rehabilitation Act of 2013, or
26 the ID/DD Community Care Act;

SB1640- 217 -LRB099 02653 RLC 22659 b
1 (19) the defendant was a federally licensed firearm
2 dealer and was previously convicted of a violation of
3 subsection (a) of Section 3 of the Firearm Owners
4 Identification Card Act before its repeal by this
5 amendatory Act of the 99th General Assembly and has now
6 committed either a felony violation of the Firearm Owners
7 Identification Card Act or an act of armed violence while
8 armed with a firearm;
9 (20) the defendant (i) committed the offense of
10 reckless homicide under Section 9-3 of the Criminal Code of
11 1961 or the Criminal Code of 2012 or the offense of driving
12 under the influence of alcohol, other drug or drugs,
13 intoxicating compound or compounds or any combination
14 thereof under Section 11-501 of the Illinois Vehicle Code
15 or a similar provision of a local ordinance and (ii) was
16 operating a motor vehicle in excess of 20 miles per hour
17 over the posted speed limit as provided in Article VI of
18 Chapter 11 of the Illinois Vehicle Code;
19 (21) the defendant (i) committed the offense of
20 reckless driving or aggravated reckless driving under
21 Section 11-503 of the Illinois Vehicle Code and (ii) was
22 operating a motor vehicle in excess of 20 miles per hour
23 over the posted speed limit as provided in Article VI of
24 Chapter 11 of the Illinois Vehicle Code;
25 (22) the defendant committed the offense against a
26 person that the defendant knew, or reasonably should have

SB1640- 218 -LRB099 02653 RLC 22659 b
1 known, was a member of the Armed Forces of the United
2 States serving on active duty. For purposes of this clause
3 (22), the term "Armed Forces" means any of the Armed Forces
4 of the United States, including a member of any reserve
5 component thereof or National Guard unit called to active
6 duty;
7 (23) the defendant committed the offense against a
8 person who was elderly, disabled, or infirm by taking
9 advantage of a family or fiduciary relationship with the
10 elderly, disabled, or infirm person;
11 (24) the defendant committed any offense under Section
12 11-20.1 of the Criminal Code of 1961 or the Criminal Code
13 of 2012 and possessed 100 or more images;
14 (25) the defendant committed the offense while the
15 defendant or the victim was in a train, bus, or other
16 vehicle used for public transportation;
17 (26) the defendant committed the offense of child
18 pornography or aggravated child pornography, specifically
19 including paragraph (1), (2), (3), (4), (5), or (7) of
20 subsection (a) of Section 11-20.1 of the Criminal Code of
21 1961 or the Criminal Code of 2012 where a child engaged in,
22 solicited for, depicted in, or posed in any act of sexual
23 penetration or bound, fettered, or subject to sadistic,
24 masochistic, or sadomasochistic abuse in a sexual context
25 and specifically including paragraph (1), (2), (3), (4),
26 (5), or (7) of subsection (a) of Section 11-20.1B or

SB1640- 219 -LRB099 02653 RLC 22659 b
1 Section 11-20.3 of the Criminal Code of 1961 where a child
2 engaged in, solicited for, depicted in, or posed in any act
3 of sexual penetration or bound, fettered, or subject to
4 sadistic, masochistic, or sadomasochistic abuse in a
5 sexual context;
6 (27) the defendant committed the offense of first
7 degree murder, assault, aggravated assault, battery,
8 aggravated battery, robbery, armed robbery, or aggravated
9 robbery against a person who was a veteran and the
10 defendant knew, or reasonably should have known, that the
11 person was a veteran performing duties as a representative
12 of a veterans' organization. For the purposes of this
13 paragraph (27), "veteran" means an Illinois resident who
14 has served as a member of the United States Armed Forces, a
15 member of the Illinois National Guard, or a member of the
16 United States Reserve Forces; and "veterans' organization"
17 means an organization comprised of members of which
18 substantially all are individuals who are veterans or
19 spouses, widows, or widowers of veterans, the primary
20 purpose of which is to promote the welfare of its members
21 and to provide assistance to the general public in such a
22 way as to confer a public benefit; or
23 (28) the defendant committed the offense of assault,
24 aggravated assault, battery, aggravated battery, robbery,
25 armed robbery, or aggravated robbery against a person that
26 the defendant knew or reasonably should have known was a

SB1640- 220 -LRB099 02653 RLC 22659 b
1 letter carrier or postal worker while that person was
2 performing his or her duties delivering mail for the United
3 States Postal Service.
4 For the purposes of this Section:
5 "School" is defined as a public or private elementary or
6secondary school, community college, college, or university.
7 "Day care center" means a public or private State certified
8and licensed day care center as defined in Section 2.09 of the
9Child Care Act of 1969 that displays a sign in plain view
10stating that the property is a day care center.
11 "Public transportation" means the transportation or
12conveyance of persons by means available to the general public,
13and includes paratransit services.
14 (b) The following factors, related to all felonies, may be
15considered by the court as reasons to impose an extended term
16sentence under Section 5-8-2 upon any offender:
17 (1) When a defendant is convicted of any felony, after
18 having been previously convicted in Illinois or any other
19 jurisdiction of the same or similar class felony or greater
20 class felony, when such conviction has occurred within 10
21 years after the previous conviction, excluding time spent
22 in custody, and such charges are separately brought and
23 tried and arise out of different series of acts; or
24 (2) When a defendant is convicted of any felony and the
25 court finds that the offense was accompanied by
26 exceptionally brutal or heinous behavior indicative of

SB1640- 221 -LRB099 02653 RLC 22659 b
1 wanton cruelty; or
2 (3) When a defendant is convicted of any felony
3 committed against:
4 (i) a person under 12 years of age at the time of
5 the offense or such person's property;
6 (ii) a person 60 years of age or older at the time
7 of the offense or such person's property; or
8 (iii) a person physically handicapped at the time
9 of the offense or such person's property; or
10 (4) When a defendant is convicted of any felony and the
11 offense involved any of the following types of specific
12 misconduct committed as part of a ceremony, rite,
13 initiation, observance, performance, practice or activity
14 of any actual or ostensible religious, fraternal, or social
15 group:
16 (i) the brutalizing or torturing of humans or
17 animals;
18 (ii) the theft of human corpses;
19 (iii) the kidnapping of humans;
20 (iv) the desecration of any cemetery, religious,
21 fraternal, business, governmental, educational, or
22 other building or property; or
23 (v) ritualized abuse of a child; or
24 (5) When a defendant is convicted of a felony other
25 than conspiracy and the court finds that the felony was
26 committed under an agreement with 2 or more other persons

SB1640- 222 -LRB099 02653 RLC 22659 b
1 to commit that offense and the defendant, with respect to
2 the other individuals, occupied a position of organizer,
3 supervisor, financier, or any other position of management
4 or leadership, and the court further finds that the felony
5 committed was related to or in furtherance of the criminal
6 activities of an organized gang or was motivated by the
7 defendant's leadership in an organized gang; or
8 (6) When a defendant is convicted of an offense
9 committed while using a firearm with a laser sight attached
10 to it. For purposes of this paragraph, "laser sight" has
11 the meaning ascribed to it in Section 26-7 of the Criminal
12 Code of 2012; or
13 (7) When a defendant who was at least 17 years of age
14 at the time of the commission of the offense is convicted
15 of a felony and has been previously adjudicated a
16 delinquent minor under the Juvenile Court Act of 1987 for
17 an act that if committed by an adult would be a Class X or
18 Class 1 felony when the conviction has occurred within 10
19 years after the previous adjudication, excluding time
20 spent in custody; or
21 (8) When a defendant commits any felony and the
22 defendant used, possessed, exercised control over, or
23 otherwise directed an animal to assault a law enforcement
24 officer engaged in the execution of his or her official
25 duties or in furtherance of the criminal activities of an
26 organized gang in which the defendant is engaged; or

SB1640- 223 -LRB099 02653 RLC 22659 b
1 (9) When a defendant commits any felony and the
2 defendant knowingly video or audio records the offense with
3 the intent to disseminate the recording.
4 (c) The following factors may be considered by the court as
5reasons to impose an extended term sentence under Section 5-8-2
6(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
7 (1) When a defendant is convicted of first degree
8 murder, after having been previously convicted in Illinois
9 of any offense listed under paragraph (c)(2) of Section
10 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
11 within 10 years after the previous conviction, excluding
12 time spent in custody, and the charges are separately
13 brought and tried and arise out of different series of
14 acts.
15 (1.5) When a defendant is convicted of first degree
16 murder, after having been previously convicted of domestic
17 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
18 (720 ILCS 5/12-3.3) committed on the same victim or after
19 having been previously convicted of violation of an order
20 of protection (720 ILCS 5/12-30) in which the same victim
21 was the protected person.
22 (2) When a defendant is convicted of voluntary
23 manslaughter, second degree murder, involuntary
24 manslaughter, or reckless homicide in which the defendant
25 has been convicted of causing the death of more than one
26 individual.

SB1640- 224 -LRB099 02653 RLC 22659 b
1 (3) When a defendant is convicted of aggravated
2 criminal sexual assault or criminal sexual assault, when
3 there is a finding that aggravated criminal sexual assault
4 or criminal sexual assault was also committed on the same
5 victim by one or more other individuals, and the defendant
6 voluntarily participated in the crime with the knowledge of
7 the participation of the others in the crime, and the
8 commission of the crime was part of a single course of
9 conduct during which there was no substantial change in the
10 nature of the criminal objective.
11 (4) If the victim was under 18 years of age at the time
12 of the commission of the offense, when a defendant is
13 convicted of aggravated criminal sexual assault or
14 predatory criminal sexual assault of a child under
15 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
16 of Section 12-14.1 of the Criminal Code of 1961 or the
17 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
18 (5) When a defendant is convicted of a felony violation
19 of Section 24-1 of the Criminal Code of 1961 or the
20 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
21 finding that the defendant is a member of an organized
22 gang.
23 (6) When a defendant was convicted of unlawful use of
24 weapons under Section 24-1 of the Criminal Code of 1961 or
25 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
26 a weapon that is not readily distinguishable as one of the

SB1640- 225 -LRB099 02653 RLC 22659 b
1 weapons enumerated in Section 24-1 of the Criminal Code of
2 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
3 (7) When a defendant is convicted of an offense
4 involving the illegal manufacture of a controlled
5 substance under Section 401 of the Illinois Controlled
6 Substances Act (720 ILCS 570/401), the illegal manufacture
7 of methamphetamine under Section 25 of the Methamphetamine
8 Control and Community Protection Act (720 ILCS 646/25), or
9 the illegal possession of explosives and an emergency
10 response officer in the performance of his or her duties is
11 killed or injured at the scene of the offense while
12 responding to the emergency caused by the commission of the
13 offense. In this paragraph, "emergency" means a situation
14 in which a person's life, health, or safety is in jeopardy;
15 and "emergency response officer" means a peace officer,
16 community policing volunteer, fireman, emergency medical
17 technician-ambulance, emergency medical
18 technician-intermediate, emergency medical
19 technician-paramedic, ambulance driver, other medical
20 assistance or first aid personnel, or hospital emergency
21 room personnel.
22 (8) When the defendant is convicted of attempted mob
23 action, solicitation to commit mob action, or conspiracy to
24 commit mob action under Section 8-1, 8-2, or 8-4 of the
25 Criminal Code of 2012, where the criminal object is a
26 violation of Section 25-1 of the Criminal Code of 2012, and

SB1640- 226 -LRB099 02653 RLC 22659 b
1 an electronic communication is used in the commission of
2 the offense. For the purposes of this paragraph (8),
3 "electronic communication" shall have the meaning provided
4 in Section 26.5-0.1 of the Criminal Code of 2012.
5 (d) For the purposes of this Section, "organized gang" has
6the meaning ascribed to it in Section 10 of the Illinois
7Streetgang Terrorism Omnibus Prevention Act.
8 (e) The court may impose an extended term sentence under
9Article 4.5 of Chapter V upon an offender who has been
10convicted of a felony violation of Section 11-1.20, 11-1.30,
1111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
13when the victim of the offense is under 18 years of age at the
14time of the commission of the offense and, during the
15commission of the offense, the victim was under the influence
16of alcohol, regardless of whether or not the alcohol was
17supplied by the offender; and the offender, at the time of the
18commission of the offense, knew or should have known that the
19victim had consumed alcohol.
20(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
21eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
2297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
231-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
247-16-14.)
25 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

SB1640- 227 -LRB099 02653 RLC 22659 b
1 Sec. 5-6-3. Conditions of Probation and of Conditional
2Discharge.
3 (a) The conditions of probation and of conditional
4discharge shall be that the person:
5 (1) not violate any criminal statute of any
6 jurisdiction;
7 (2) report to or appear in person before such person or
8 agency as directed by the court;
9 (3) refrain from possessing a firearm or other
10 dangerous weapon where the offense is a felony or, if a
11 misdemeanor, the offense involved the intentional or
12 knowing infliction of bodily harm or threat of bodily harm;
13 (4) not leave the State without the consent of the
14 court or, in circumstances in which the reason for the
15 absence is of such an emergency nature that prior consent
16 by the court is not possible, without the prior
17 notification and approval of the person's probation
18 officer. Transfer of a person's probation or conditional
19 discharge supervision to another state is subject to
20 acceptance by the other state pursuant to the Interstate
21 Compact for Adult Offender Supervision;
22 (5) permit the probation officer to visit him at his
23 home or elsewhere to the extent necessary to discharge his
24 duties;
25 (6) perform no less than 30 hours of community service
26 and not more than 120 hours of community service, if

SB1640- 228 -LRB099 02653 RLC 22659 b
1 community service is available in the jurisdiction and is
2 funded and approved by the county board where the offense
3 was committed, where the offense was related to or in
4 furtherance of the criminal activities of an organized gang
5 and was motivated by the offender's membership in or
6 allegiance to an organized gang. The community service
7 shall include, but not be limited to, the cleanup and
8 repair of any damage caused by a violation of Section
9 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
10 2012 and similar damage to property located within the
11 municipality or county in which the violation occurred.
12 When possible and reasonable, the community service should
13 be performed in the offender's neighborhood. For purposes
14 of this Section, "organized gang" has the meaning ascribed
15 to it in Section 10 of the Illinois Streetgang Terrorism
16 Omnibus Prevention Act;
17 (7) if he or she is at least 17 years of age and has
18 been sentenced to probation or conditional discharge for a
19 misdemeanor or felony in a county of 3,000,000 or more
20 inhabitants and has not been previously convicted of a
21 misdemeanor or felony, may be required by the sentencing
22 court to attend educational courses designed to prepare the
23 defendant for a high school diploma and to work toward a
24 high school diploma or to work toward passing high school
25 equivalency testing or to work toward completing a
26 vocational training program approved by the court. The

SB1640- 229 -LRB099 02653 RLC 22659 b
1 person on probation or conditional discharge must attend a
2 public institution of education to obtain the educational
3 or vocational training required by this clause (7). The
4 court shall revoke the probation or conditional discharge
5 of a person who wilfully fails to comply with this clause
6 (7). The person on probation or conditional discharge shall
7 be required to pay for the cost of the educational courses
8 or high school equivalency testing if a fee is charged for
9 those courses or testing. The court shall resentence the
10 offender whose probation or conditional discharge has been
11 revoked as provided in Section 5-6-4. This clause (7) does
12 not apply to a person who has a high school diploma or has
13 successfully passed high school equivalency testing. This
14 clause (7) does not apply to a person who is determined by
15 the court to be developmentally disabled 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

SB1640- 230 -LRB099 02653 RLC 22659 b
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

SB1640- 231 -LRB099 02653 RLC 22659 b
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

SB1640- 232 -LRB099 02653 RLC 22659 b
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), physically surrender

SB1640- 233 -LRB099 02653 RLC 22659 b
1 at a time and place designated by the court, his or her
2 Firearm Owner's Identification Card and any and all
3 firearms in his or her possession. The Court shall return
4 to the Department of State Police Firearm Owner's
5 Identification Card Office the person's Firearm Owner's
6 Identification Card;
7 (10) if convicted of a sex offense as defined in
8 subsection (a-5) of Section 3-1-2 of this Code, unless the
9 offender is a parent or guardian of the person under 18
10 years of age present in the home and no non-familial minors
11 are present, not participate in a holiday event involving
12 children under 18 years of age, such as distributing candy
13 or other items to children on Halloween, wearing a Santa
14 Claus costume on or preceding Christmas, being employed as
15 a department store Santa Claus, or wearing an Easter Bunny
16 costume on or preceding Easter;
17 (11) if convicted of a sex offense as defined in
18 Section 2 of the Sex Offender Registration Act committed on
19 or after January 1, 2010 (the effective date of Public Act
20 96-362) that requires the person to register as a sex
21 offender under that Act, may not knowingly use any computer
22 scrub software on any computer that the sex offender uses;
23 and
24 (12) if convicted of a violation of the Methamphetamine
25 Control and Community Protection Act, the Methamphetamine
26 Precursor Control Act, or a methamphetamine related

SB1640- 234 -LRB099 02653 RLC 22659 b
1 offense:
2 (A) prohibited from purchasing, possessing, or
3 having under his or her control any product containing
4 pseudoephedrine unless prescribed by a physician; and
5 (B) prohibited from purchasing, possessing, or
6 having under his or her control any product containing
7 ammonium nitrate.
8 (b) The Court may in addition to other reasonable
9conditions relating to the nature of the offense or the
10rehabilitation of the defendant as determined for each
11defendant in the proper discretion of the Court require that
12the person:
13 (1) serve a term of periodic imprisonment under Article
14 7 for a period not to exceed that specified in paragraph
15 (d) of Section 5-7-1;
16 (2) pay a fine and costs;
17 (3) work or pursue a course of study or vocational
18 training;
19 (4) undergo medical, psychological or psychiatric
20 treatment; or treatment for drug addiction or alcoholism;
21 (5) attend or reside in a facility established for the
22 instruction or residence of defendants on probation;
23 (6) support his dependents;
24 (7) and in addition, if a minor:
25 (i) reside with his parents or in a foster home;
26 (ii) attend school;

SB1640- 235 -LRB099 02653 RLC 22659 b
1 (iii) attend a non-residential program for youth;
2 (iv) contribute to his own support at home or in a
3 foster home;
4 (v) with the consent of the superintendent of the
5 facility, attend an educational program at a facility
6 other than the school in which the offense was
7 committed if he or she is convicted of a crime of
8 violence as defined in Section 2 of the Crime Victims
9 Compensation Act committed in a school, on the real
10 property comprising a school, or within 1,000 feet of
11 the real property comprising a school;
12 (8) make restitution as provided in Section 5-5-6 of
13 this Code;
14 (9) perform some reasonable public or community
15 service;
16 (10) serve a term of home confinement. In addition to
17 any other applicable condition of probation or conditional
18 discharge, the conditions of home confinement shall be that
19 the offender:
20 (i) remain within the interior premises of the
21 place designated for his confinement during the hours
22 designated by the court;
23 (ii) admit any person or agent designated by the
24 court into the offender's place of confinement at any
25 time for purposes of verifying the offender's
26 compliance with the conditions of his confinement; and

SB1640- 236 -LRB099 02653 RLC 22659 b
1 (iii) if further deemed necessary by the court or
2 the Probation or Court Services Department, be placed
3 on an approved electronic monitoring device, subject
4 to Article 8A of Chapter V;
5 (iv) for persons convicted of any alcohol,
6 cannabis or controlled substance violation who are
7 placed on an approved monitoring device as a condition
8 of probation or conditional discharge, the court shall
9 impose a reasonable fee for each day of the use of the
10 device, as established by the county board in
11 subsection (g) of this Section, unless after
12 determining the inability of the offender to pay the
13 fee, the court assesses a lesser fee or no fee as the
14 case may be. This fee shall be imposed in addition to
15 the fees imposed under subsections (g) and (i) of this
16 Section. The fee shall be collected by the clerk of the
17 circuit court. The clerk of the circuit court shall pay
18 all monies collected from this fee to the county
19 treasurer for deposit in the substance abuse services
20 fund under Section 5-1086.1 of the Counties Code; and
21 (v) for persons convicted of offenses other than
22 those referenced in clause (iv) above and who are
23 placed on an approved monitoring device as a condition
24 of probation or conditional discharge, the court shall
25 impose a reasonable fee for each day of the use of the
26 device, as established by the county board in

SB1640- 237 -LRB099 02653 RLC 22659 b
1 subsection (g) of this Section, unless after
2 determining the inability of the defendant to pay the
3 fee, the court assesses a lesser fee or no fee as the
4 case may be. This fee shall be imposed in addition to
5 the fees imposed under subsections (g) and (i) of this
6 Section. The fee shall be collected by the clerk of the
7 circuit court. The clerk of the circuit court shall pay
8 all monies collected from this fee to the county
9 treasurer who shall use the monies collected to defray
10 the costs of corrections. The county treasurer shall
11 deposit the fee collected in the probation and court
12 services fund.
13 (11) comply with the terms and conditions of an order
14 of protection issued by the court pursuant to the Illinois
15 Domestic Violence Act of 1986, as now or hereafter amended,
16 or an order of protection issued by the court of another
17 state, tribe, or United States territory. A copy of the
18 order of protection shall be transmitted to the probation
19 officer or agency having responsibility for the case;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council Act
22 for any reasonable expenses incurred by the program on the
23 offender's case, not to exceed the maximum amount of the
24 fine authorized for the offense for which the defendant was
25 sentenced;
26 (13) contribute a reasonable sum of money, not to

SB1640- 238 -LRB099 02653 RLC 22659 b
1 exceed the maximum amount of the fine authorized for the
2 offense for which the defendant was sentenced, (i) to a
3 "local anti-crime program", as defined in Section 7 of the
4 Anti-Crime Advisory Council Act, or (ii) for offenses under
5 the jurisdiction of the Department of Natural Resources, to
6 the fund established by the Department of Natural Resources
7 for the purchase of evidence for investigation purposes and
8 to conduct investigations as outlined in Section 805-105 of
9 the Department of Natural Resources (Conservation) Law;
10 (14) refrain from entering into a designated
11 geographic area except upon such terms as the court finds
12 appropriate. Such terms may include consideration of the
13 purpose of the entry, the time of day, other persons
14 accompanying the defendant, and advance approval by a
15 probation officer, if the defendant has been placed on
16 probation or advance approval by the court, if the
17 defendant was placed on conditional discharge;
18 (15) refrain from having any contact, directly or
19 indirectly, with certain specified persons or particular
20 types of persons, including but not limited to members of
21 street gangs and drug users or dealers;
22 (16) refrain from having in his or her body the
23 presence of any illicit drug prohibited by the Cannabis
24 Control Act, the Illinois Controlled Substances Act, or the
25 Methamphetamine Control and Community Protection Act,
26 unless prescribed by a physician, and submit samples of his

SB1640- 239 -LRB099 02653 RLC 22659 b
1 or her blood or urine or both for tests to determine the
2 presence of any illicit drug;
3 (17) if convicted for an offense committed on or after
4 June 1, 2008 (the effective date of Public Act 95-464) that
5 would qualify the accused as a child sex offender as
6 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
7 1961 or the Criminal Code of 2012, refrain from
8 communicating with or contacting, by means of the Internet,
9 a person who is related to the accused and whom the accused
10 reasonably believes to be under 18 years of age; for
11 purposes of this paragraph (17), "Internet" has the meaning
12 ascribed to it in Section 16-0.1 of the Criminal Code of
13 2012; and a person is related to the accused if the person
14 is: (i) the spouse, brother, or sister of the accused; (ii)
15 a descendant of the accused; (iii) a first or second cousin
16 of the accused; or (iv) a step-child or adopted child of
17 the accused;
18 (18) if convicted for an offense committed on or after
19 June 1, 2009 (the effective date of Public Act 95-983) that
20 would qualify as a sex offense as defined in the Sex
21 Offender Registration Act:
22 (i) not access or use a computer or any other
23 device with Internet capability without the prior
24 written approval of the offender's probation officer,
25 except in connection with the offender's employment or
26 search for employment with the prior approval of the

SB1640- 240 -LRB099 02653 RLC 22659 b
1 offender's probation officer;
2 (ii) submit to periodic unannounced examinations
3 of the offender's computer or any other device with
4 Internet capability by the offender's probation
5 officer, a law enforcement officer, or assigned
6 computer or information technology specialist,
7 including the retrieval and copying of all data from
8 the computer or device and any internal or external
9 peripherals and removal of such information,
10 equipment, or device to conduct a more thorough
11 inspection;
12 (iii) submit to the installation on the offender's
13 computer or device with Internet capability, at the
14 subject's expense, of one or more hardware or software
15 systems to monitor the Internet use; and
16 (iv) submit to any other appropriate restrictions
17 concerning the offender's use of or access to a
18 computer or any other device with Internet capability
19 imposed by the offender's probation officer; and
20 (19) refrain from possessing a firearm or other
21 dangerous weapon where the offense is a misdemeanor that
22 did not involve the intentional or knowing infliction of
23 bodily harm or threat of bodily harm.
24 (c) The court may as a condition of probation or of
25conditional discharge require that a person under 18 years of
26age found guilty of any alcohol, cannabis or controlled

SB1640- 241 -LRB099 02653 RLC 22659 b
1substance violation, refrain from acquiring a driver's license
2during the period of probation or conditional discharge. If
3such person is in possession of a permit or license, the court
4may require that the minor refrain from driving or operating
5any motor vehicle during the period of probation or conditional
6discharge, except as may be necessary in the course of the
7minor's lawful employment.
8 (d) An offender sentenced to probation or to conditional
9discharge shall be given a certificate setting forth the
10conditions thereof.
11 (e) Except where the offender has committed a fourth or
12subsequent violation of subsection (c) of Section 6-303 of the
13Illinois Vehicle Code, the court shall not require as a
14condition of the sentence of probation or conditional discharge
15that the offender be committed to a period of imprisonment in
16excess of 6 months. This 6 month limit shall not include
17periods of confinement given pursuant to a sentence of county
18impact incarceration under Section 5-8-1.2.
19 Persons committed to imprisonment as a condition of
20probation or conditional discharge shall not be committed to
21the Department of Corrections.
22 (f) The court may combine a sentence of periodic
23imprisonment under Article 7 or a sentence to a county impact
24incarceration program under Article 8 with a sentence of
25probation or conditional discharge.
26 (g) An offender sentenced to probation or to conditional

SB1640- 242 -LRB099 02653 RLC 22659 b
1discharge and who during the term of either undergoes mandatory
2drug or alcohol testing, or both, or is assigned to be placed
3on an approved electronic monitoring device, shall be ordered
4to pay all costs incidental to such mandatory drug or alcohol
5testing, or both, and all costs incidental to such approved
6electronic monitoring in accordance with the defendant's
7ability to pay those costs. The county board with the
8concurrence of the Chief Judge of the judicial circuit in which
9the county is located shall establish reasonable fees for the
10cost of maintenance, testing, and incidental expenses related
11to the mandatory drug or alcohol testing, or both, and all
12costs incidental to approved electronic monitoring, involved
13in a successful probation program for the county. The
14concurrence of the Chief Judge shall be in the form of an
15administrative order. The fees shall be collected by the clerk
16of the circuit court. The clerk of the circuit court shall pay
17all moneys collected from these fees to the county treasurer
18who shall use the moneys collected to defray the costs of drug
19testing, alcohol testing, and electronic monitoring. The
20county treasurer shall deposit the fees collected in the county
21working cash fund under Section 6-27001 or Section 6-29002 of
22the Counties Code, as the case may be.
23 (h) Jurisdiction over an offender may be transferred from
24the sentencing court to the court of another circuit with the
25concurrence of both courts. Further transfers or retransfers of
26jurisdiction are also authorized in the same manner. The court

SB1640- 243 -LRB099 02653 RLC 22659 b
1to which jurisdiction has been transferred shall have the same
2powers as the sentencing court. The probation department within
3the circuit to which jurisdiction has been transferred, or
4which has agreed to provide supervision, may impose probation
5fees upon receiving the transferred offender, as provided in
6subsection (i). For all transfer cases, as defined in Section
79b of the Probation and Probation Officers Act, the probation
8department from the original sentencing court shall retain all
9probation fees collected prior to the transfer. After the
10transfer all probation fees shall be paid to the probation
11department within the circuit to which jurisdiction has been
12transferred.
13 (i) The court shall impose upon an offender sentenced to
14probation after January 1, 1989 or to conditional discharge
15after January 1, 1992 or to community service under the
16supervision of a probation or court services department after
17January 1, 2004, as a condition of such probation or
18conditional discharge or supervised community service, a fee of
19$50 for each month of probation or conditional discharge
20supervision or supervised community service ordered by the
21court, unless after determining the inability of the person
22sentenced to probation or conditional discharge or supervised
23community service to pay the fee, the court assesses a lesser
24fee. The court may not impose the fee on a minor who is made a
25ward of the State under the Juvenile Court Act of 1987 while
26the minor is in placement. The fee shall be imposed only upon

SB1640- 244 -LRB099 02653 RLC 22659 b
1an offender who is actively supervised by the probation and
2court services department. The fee shall be collected by the
3clerk of the circuit court. The clerk of the circuit court
4shall pay all monies collected from this fee to the county
5treasurer for deposit in the probation and court services fund
6under Section 15.1 of the Probation and Probation Officers Act.
7 A circuit court may not impose a probation fee under this
8subsection (i) in excess of $25 per month unless the circuit
9court has adopted, by administrative order issued by the chief
10judge, a standard probation fee guide determining an offender's
11ability to pay Of the amount collected as a probation fee, up
12to $5 of that fee collected per month may be used to provide
13services to crime victims and their families.
14 The Court may only waive probation fees based on an
15offender's ability to pay. The probation department may
16re-evaluate an offender's ability to pay every 6 months, and,
17with the approval of the Director of Court Services or the
18Chief Probation Officer, adjust the monthly fee amount. An
19offender may elect to pay probation fees due in a lump sum. Any
20offender that has been assigned to the supervision of a
21probation department, or has been transferred either under
22subsection (h) of this Section or under any interstate compact,
23shall be required to pay probation fees to the department
24supervising the offender, based on the offender's ability to
25pay.
26 This amendatory Act of the 93rd General Assembly deletes

SB1640- 245 -LRB099 02653 RLC 22659 b
1the $10 increase in the fee under this subsection that was
2imposed by Public Act 93-616. This deletion is intended to
3control over any other Act of the 93rd General Assembly that
4retains or incorporates that fee increase.
5 (i-5) In addition to the fees imposed under subsection (i)
6of this Section, in the case of an offender convicted of a
7felony sex offense (as defined in the Sex Offender Management
8Board Act) or an offense that the court or probation department
9has determined to be sexually motivated (as defined in the Sex
10Offender Management Board Act), the court or the probation
11department shall assess additional fees to pay for all costs of
12treatment, assessment, evaluation for risk and treatment, and
13monitoring the offender, based on that offender's ability to
14pay those costs either as they occur or under a payment plan.
15 (j) All fines and costs imposed under this Section for any
16violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17Code, or a similar provision of a local ordinance, and any
18violation of the Child Passenger Protection Act, or a similar
19provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under Section 27.5
21of the Clerks of Courts Act.
22 (k) Any offender who is sentenced to probation or
23conditional discharge for a felony sex offense as defined in
24the Sex Offender Management Board Act or any offense that the
25court or probation department has determined to be sexually
26motivated as defined in the Sex Offender Management Board Act

SB1640- 246 -LRB099 02653 RLC 22659 b
1shall be required to refrain from any contact, directly or
2indirectly, with any persons specified by the court and shall
3be available for all evaluations and treatment programs
4required by the court or the probation department.
5 (l) The court may order an offender who is sentenced to
6probation or conditional discharge for a violation of an order
7of protection be placed under electronic surveillance as
8provided in Section 5-8A-7 of this Code.
9(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
10eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
1197-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff.
121-1-15.)
13 Section 100. The Stalking No Contact Order Act is amended
14by changing Section 80 as follows:
15 (740 ILCS 21/80)
16 Sec. 80. Stalking no contact orders; remedies.
17 (a) If the court finds that the petitioner has been a
18victim of stalking, a stalking no contact order shall issue;
19provided that the petitioner must also satisfy the requirements
20of Section 95 on emergency orders or Section 100 on plenary
21orders. The petitioner shall not be denied a stalking no
22contact order because the petitioner or the respondent is a
23minor. The court, when determining whether or not to issue a
24stalking no contact order, may not require physical injury on

SB1640- 247 -LRB099 02653 RLC 22659 b
1the person of the petitioner. Modification and extension of
2prior stalking no contact orders shall be in accordance with
3this Act.
4 (b) A stalking no contact order shall order one or more of
5the following:
6 (1) prohibit the respondent from threatening to commit
7 or committing stalking;
8 (2) order the respondent not to have any contact with
9 the petitioner or a third person specifically named by the
10 court;
11 (3) prohibit the respondent from knowingly coming
12 within, or knowingly remaining within a specified distance
13 of the petitioner or the petitioner's residence, school,
14 daycare, or place of employment, or any specified place
15 frequented by the petitioner; however, the court may order
16 the respondent to stay away from the respondent's own
17 residence, school, or place of employment only if the
18 respondent has been provided actual notice of the
19 opportunity to appear and be heard on the petition;
20 (4) prohibit the respondent from possessing a Firearm
21 Owners Identification Card, or possessing or buying
22 firearms; and
23 (5) order other injunctive relief the court determines
24 to be necessary to protect the petitioner or third party
25 specifically named by the court.
26 (b-5) When the petitioner and the respondent attend the

SB1640- 248 -LRB099 02653 RLC 22659 b
1same public, private, or non-public elementary, middle, or high
2school, the court when issuing a stalking no contact order and
3providing relief shall consider the severity of the act, any
4continuing physical danger or emotional distress to the
5petitioner, the educational rights guaranteed to the
6petitioner and respondent under federal and State law, the
7availability of a transfer of the respondent to another school,
8a change of placement or a change of program of the respondent,
9the expense, difficulty, and educational disruption that would
10be caused by a transfer of the respondent to another school,
11and any other relevant facts of the case. The court may order
12that the respondent not attend the public, private, or
13non-public elementary, middle, or high school attended by the
14petitioner, order that the respondent accept a change of
15placement or program, as determined by the school district or
16private or non-public school, or place restrictions on the
17respondent's movements within the school attended by the
18petitioner. The respondent bears the burden of proving by a
19preponderance of the evidence that a transfer, change of
20placement, or change of program of the respondent is not
21available. The respondent also bears the burden of production
22with respect to the expense, difficulty, and educational
23disruption that would be caused by a transfer of the respondent
24to another school. A transfer, change of placement, or change
25of program is not unavailable to the respondent solely on the
26ground that the respondent does not agree with the school

SB1640- 249 -LRB099 02653 RLC 22659 b
1district's or private or non-public school's transfer, change
2of placement, or change of program or solely on the ground that
3the respondent fails or refuses to consent to or otherwise does
4not take an action required to effectuate a transfer, change of
5placement, or change of program. When a court orders a
6respondent to stay away from the public, private, or non-public
7school attended by the petitioner and the respondent requests a
8transfer to another attendance center within the respondent's
9school district or private or non-public school, the school
10district or private or non-public school shall have sole
11discretion to determine the attendance center to which the
12respondent is transferred. In the event the court order results
13in a transfer of the minor respondent to another attendance
14center, a change in the respondent's placement, or a change of
15the respondent's program, the parents, guardian, or legal
16custodian of the respondent is responsible for transportation
17and other costs associated with the transfer or change.
18 (b-6) The court may order the parents, guardian, or legal
19custodian of a minor respondent to take certain actions or to
20refrain from taking certain actions to ensure that the
21respondent complies with the order. In the event the court
22orders a transfer of the respondent to another school, the
23parents, guardian, or legal custodian of the respondent are
24responsible for transportation and other costs associated with
25the change of school by the respondent.
26 (b-7) The court shall not hold a school district or private

SB1640- 250 -LRB099 02653 RLC 22659 b
1or non-public school or any of its employees in civil or
2criminal contempt unless the school district or private or
3non-public school has been allowed to intervene.
4 (b-8) The court may hold the parents, guardian, or legal
5custodian of a minor respondent in civil or criminal contempt
6for a violation of any provision of any order entered under
7this Act for conduct of the minor respondent in violation of
8this Act if the parents, guardian, or legal custodian directed,
9encouraged, or assisted the respondent minor in such conduct.
10 (c) The court may award the petitioner costs and attorneys
11fees if a stalking no contact order is granted.
12 (d) Monetary damages are not recoverable as a remedy.
13 (e) If the stalking no contact order prohibits the
14respondent from possessing a Firearm Owner's Identification
15Card, or possessing or buying firearms; the court shall
16confiscate the respondent's firearms Firearm Owner's
17Identification Card and immediately return the card to the
18Department of State Police Firearm Owner's Identification Card
19Office.
20(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
2197-1131, eff. 1-1-13.)
22 Section 105. The Mental Health and Developmental
23Disabilities Confidentiality Act is amended by changing
24Section 12 as follows:

SB1640- 251 -LRB099 02653 RLC 22659 b
1 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
2 Sec. 12. (a) If the United States Secret Service or the
3Department of State Police requests information from a mental
4health or developmental disability facility, as defined in
5Section 1-107 and 1-114 of the Mental Health and Developmental
6Disabilities Code, relating to a specific recipient and the
7facility director determines that disclosure of such
8information may be necessary to protect the life of, or to
9prevent the infliction of great bodily harm to, a public
10official, or a person under the protection of the United States
11Secret Service, only the following information may be
12disclosed: the recipient's name, address, and age and the date
13of any admission to or discharge from a facility; and any
14information which would indicate whether or not the recipient
15has a history of violence or presents a danger of violence to
16the person under protection. Any information so disclosed shall
17be used for investigative purposes only and shall not be
18publicly disseminated. Any person participating in good faith
19in the disclosure of such information in accordance with this
20provision shall have immunity from any liability, civil,
21criminal or otherwise, if such information is disclosed relying
22upon the representation of an officer of the United States
23Secret Service or the Department of State Police that a person
24is under the protection of the United States Secret Service or
25is a public official.
26 For the purpose of this subsection (a), the term "public

SB1640- 252 -LRB099 02653 RLC 22659 b
1official" means the Governor, Lieutenant Governor, Attorney
2General, Secretary of State, State Comptroller, State
3Treasurer, member of the General Assembly, member of the United
4States Congress, Judge of the United States as defined in 28
5U.S.C. 451, Justice of the United States as defined in 28
6U.S.C. 451, United States Magistrate Judge as defined in 28
7U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
8Supreme, Appellate, Circuit, or Associate Judge of the State of
9Illinois. The term shall also include the spouse, child or
10children of a public official.
11 (b) The Department of Human Services (acting as successor
12to the Department of Mental Health and Developmental
13Disabilities) and all public or private hospitals and mental
14health facilities are required, as hereafter described in this
15subsection, to furnish the Department of State Police only such
16information as may be required for the sole purpose of
17determining whether an individual who may be or may have been a
18patient is disqualified because of that status from receiving
19or retaining a firearm under paragraph (4) of subsection (a) of
20Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
21Identification Card or falls within the federal prohibitors
22under subsection (e), (f), (g), (r), (s), or (t) of Section 8
23of the Firearm Owners Identification Card Act, or falls within
24the federal prohibitors in 18 U.S.C. 922(g) and (n). All
25physicians, clinical psychologists, or qualified examiners at
26public or private mental health facilities or parts thereof as

SB1640- 253 -LRB099 02653 RLC 22659 b
1defined in this subsection shall, in the form and manner
2required by the Department, provide notice directly to the
3Department of Human Services, or to his or her employer who
4shall then report to the Department, within 24 hours after
5determining that a patient as described in clause (2)(B) of the
6definition of "patient" in this subsection (b) Section 1.1 of
7the Firearm Owners Identification Card Act poses a clear and
8present danger to himself, herself, or others, or is determined
9to be developmentally disabled. This information shall be
10furnished within 24 hours after the physician, clinical
11psychologist, or qualified examiner has made a determination,
12or within 7 days after admission to a public or private
13hospital or mental health facility or the provision of services
14to a patient described in clause (2)(A) (1) of the definition
15of "patient" in this subsection (b) Section 1.1 of the Firearm
16Owners Identification Card Act. Any such information disclosed
17under this subsection shall remain privileged and
18confidential, and shall not be redisclosed, except as required
19by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
20subsection (e) of Section 3.1 of the Firearm Owners
21Identification Card Act, nor utilized for any other purpose.
22The method of requiring the providing of such information shall
23guarantee that no information is released beyond what is
24necessary for this purpose. In addition, the information
25disclosed shall be provided by the Department within the time
26period established by Section 24-3 of the Criminal Code of 2012

SB1640- 254 -LRB099 02653 RLC 22659 b
1regarding the delivery of firearms. The method used shall be
2sufficient to provide the necessary information within the
3prescribed time period, which may include periodically
4providing lists to the Department of Human Services or any
5public or private hospital or mental health facility of Firearm
6Owner's Identification Card applicants for firearm purchases
7on which the Department or hospital shall indicate the
8identities of those individuals who are to its knowledge
9disqualified from having a firearm Firearm Owner's
10Identification Card for reasons described herein. The
11Department may provide for a centralized source of information
12for the State on this subject under its jurisdiction. The
13identity of the person reporting under this subsection shall
14not be disclosed to the subject of the report. For the purposes
15of this subsection, the physician, clinical psychologist, or
16qualified examiner making the determination and his or her
17employer shall not be held criminally, civilly, or
18professionally liable for making or not making the notification
19required under this subsection, except for willful or wanton
20misconduct.
21 Any person, institution, or agency, under this Act,
22participating in good faith in the reporting or disclosure of
23records and communications otherwise in accordance with this
24provision or with rules, regulations or guidelines issued by
25the Department shall have immunity from any liability, civil,
26criminal or otherwise, that might result by reason of the

SB1640- 255 -LRB099 02653 RLC 22659 b
1action. For the purpose of any proceeding, civil or criminal,
2arising out of a report or disclosure in accordance with this
3provision, the good faith of any person, institution, or agency
4so reporting or disclosing shall be presumed. The full extent
5of the immunity provided in this subsection (b) shall apply to
6any person, institution or agency that fails to make a report
7or disclosure in the good faith belief that the report or
8disclosure would violate federal regulations governing the
9confidentiality of alcohol and drug abuse patient records
10implementing 42 U.S.C. 290dd-3 and 290ee-3.
11 For purposes of this subsection (b) only, the following
12terms shall have the meaning prescribed:
13 (1) (Blank).
14 (1.3) "Clear and present danger" has the meaning as
15 defined in Section 6-103.3 of the Mental Health and
16 Developmental Disabilities Code 1.1 of the Firearm Owners
17 Identification Card Act.
18 (1.5) "Developmentally disabled" means a disability
19 which is attributable to any other condition which results
20 in impairment similar to that caused by an intellectual
21 disability and which requires services similar to those
22 required by intellectually disabled persons. The
23 disability must originate before the age of 18 years, be
24 expected to continue indefinitely, and constitute a
25 substantial handicap has the meaning as defined in Section
26 1.1 of the Firearm Owners Identification Card Act.

SB1640- 256 -LRB099 02653 RLC 22659 b
1 (2) "Patient" means (A) a person who voluntarily
2 receives mental health treatment as an in-patient or
3 resident of any public or private mental health facility,
4 unless the treatment was solely for an alcohol abuse
5 disorder and no other secondary substance abuse disorder or
6 mental illness; or (B) a person who voluntarily receives
7 mental health treatment as an out-patient or is provided
8 services by a public or private mental health facility, and
9 who poses a clear and present danger to himself, herself,
10 or to others. has the meaning as defined in Section 1.1 of
11 the Firearm Owners Identification Card Act.
12 (3) "Mental health facility" means any licensed
13 private hospital or hospital affiliate, institution, or
14 facility, or part thereof, and any facility, or part
15 thereof, operated by the State or a political subdivision
16 thereof which provide treatment of persons with mental
17 illness and includes all hospitals, institutions, clinics,
18 evaluation facilities, mental health centers, colleges,
19 universities, long-term care facilities, and nursing
20 homes, or parts thereof, which provide treatment of persons
21 with mental illness whether or not the primary purpose is
22 to provide treatment of persons with mental illness has the
23 meaning as defined in Section 1.1 of the Firearm Owners
24 Identification Card Act.
25 (c) Upon the request of a peace officer who takes a person
26into custody and transports such person to a mental health or

SB1640- 257 -LRB099 02653 RLC 22659 b
1developmental disability facility pursuant to Section 3-606 or
24-404 of the Mental Health and Developmental Disabilities Code
3or who transports a person from such facility, a facility
4director shall furnish said peace officer the name, address,
5age and name of the nearest relative of the person transported
6to or from the mental health or developmental disability
7facility. In no case shall the facility director disclose to
8the peace officer any information relating to the diagnosis,
9treatment or evaluation of the person's mental or physical
10health.
11 For the purposes of this subsection (c), the terms "mental
12health or developmental disability facility", "peace officer"
13and "facility director" shall have the meanings ascribed to
14them in the Mental Health and Developmental Disabilities Code.
15 (d) Upon the request of a peace officer or prosecuting
16authority who is conducting a bona fide investigation of a
17criminal offense, or attempting to apprehend a fugitive from
18justice, a facility director may disclose whether a person is
19present at the facility. Upon request of a peace officer or
20prosecuting authority who has a valid forcible felony warrant
21issued, a facility director shall disclose: (1) whether the
22person who is the subject of the warrant is present at the
23facility and (2) the date of that person's discharge or future
24discharge from the facility. The requesting peace officer or
25prosecuting authority must furnish a case number and the
26purpose of the investigation or an outstanding arrest warrant

SB1640- 258 -LRB099 02653 RLC 22659 b
1at the time of the request. Any person, institution, or agency
2participating in good faith in disclosing such information in
3accordance with this subsection (d) is immune from any
4liability, civil, criminal or otherwise, that might result by
5reason of the action.
6(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
7 Section 110. The Illinois Domestic Violence Act of 1986 is
8amended by changing Section 214 as follows:
9 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
10 Sec. 214. Order of protection; remedies.
11 (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member or that
13petitioner is a high-risk adult who has been abused, neglected,
14or exploited, as defined in this Act, an order of protection
15prohibiting the abuse, neglect, or exploitation shall issue;
16provided that petitioner must also satisfy the requirements of
17one of the following Sections, as appropriate: Section 217 on
18emergency orders, Section 218 on interim orders, or Section 219
19on plenary orders. Petitioner shall not be denied an order of
20protection because petitioner or respondent is a minor. The
21court, when determining whether or not to issue an order of
22protection, shall not require physical manifestations of abuse
23on the person of the victim. Modification and extension of
24prior orders of protection shall be in accordance with this

SB1640- 259 -LRB099 02653 RLC 22659 b
1Act.
2 (b) Remedies and standards. The remedies to be included in
3an order of protection shall be determined in accordance with
4this Section and one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim orders,
6and Section 219 on plenary orders. The remedies listed in this
7subsection shall be in addition to other civil or criminal
8remedies available to petitioner.
9 (1) Prohibition of abuse, neglect, or exploitation.
10 Prohibit respondent's harassment, interference with
11 personal liberty, intimidation of a dependent, physical
12 abuse, or willful deprivation, neglect or exploitation, as
13 defined in this Act, or stalking of the petitioner, as
14 defined in Section 12-7.3 of the Criminal Code of 2012, if
15 such abuse, neglect, exploitation, or stalking has
16 occurred or otherwise appears likely to occur if not
17 prohibited.
18 (2) Grant of exclusive possession of residence.
19 Prohibit respondent from entering or remaining in any
20 residence, household, or premises of the petitioner,
21 including one owned or leased by respondent, if petitioner
22 has a right to occupancy thereof. The grant of exclusive
23 possession of the residence, household, or premises shall
24 not affect title to real property, nor shall the court be
25 limited by the standard set forth in Section 701 of the
26 Illinois Marriage and Dissolution of Marriage Act.

SB1640- 260 -LRB099 02653 RLC 22659 b
1 (A) Right to occupancy. A party has a right to
2 occupancy of a residence or household if it is solely
3 or jointly owned or leased by that party, that party's
4 spouse, a person with a legal duty to support that
5 party or a minor child in that party's care, or by any
6 person or entity other than the opposing party that
7 authorizes that party's occupancy (e.g., a domestic
8 violence shelter). Standards set forth in subparagraph
9 (B) shall not preclude equitable relief.
10 (B) Presumption of hardships. If petitioner and
11 respondent each has the right to occupancy of a
12 residence or household, the court shall balance (i) the
13 hardships to respondent and any minor child or
14 dependent adult in respondent's care resulting from
15 entry of this remedy with (ii) the hardships to
16 petitioner and any minor child or dependent adult in
17 petitioner's care resulting from continued exposure to
18 the risk of abuse (should petitioner remain at the
19 residence or household) or from loss of possession of
20 the residence or household (should petitioner leave to
21 avoid the risk of abuse). When determining the balance
22 of hardships, the court shall also take into account
23 the accessibility of the residence or household.
24 Hardships need not be balanced if respondent does not
25 have a right to occupancy.
26 The balance of hardships is presumed to favor

SB1640- 261 -LRB099 02653 RLC 22659 b
1 possession by petitioner unless the presumption is
2 rebutted by a preponderance of the evidence, showing
3 that the hardships to respondent substantially
4 outweigh the hardships to petitioner and any minor
5 child or dependent adult in petitioner's care. The
6 court, on the request of petitioner or on its own
7 motion, may order respondent to provide suitable,
8 accessible, alternate housing for petitioner instead
9 of excluding respondent from a mutual residence or
10 household.
11 (3) Stay away order and additional prohibitions. Order
12 respondent to stay away from petitioner or any other person
13 protected by the order of protection, or prohibit
14 respondent from entering or remaining present at
15 petitioner's school, place of employment, or other
16 specified places at times when petitioner is present, or
17 both, if reasonable, given the balance of hardships.
18 Hardships need not be balanced for the court to enter a
19 stay away order or prohibit entry if respondent has no
20 right to enter the premises.
21 (A) If an order of protection grants petitioner
22 exclusive possession of the residence, or prohibits
23 respondent from entering the residence, or orders
24 respondent to stay away from petitioner or other
25 protected persons, then the court may allow respondent
26 access to the residence to remove items of clothing and

SB1640- 262 -LRB099 02653 RLC 22659 b
1 personal adornment used exclusively by respondent,
2 medications, and other items as the court directs. The
3 right to access shall be exercised on only one occasion
4 as the court directs and in the presence of an
5 agreed-upon adult third party or law enforcement
6 officer.
7 (B) When the petitioner and the respondent attend
8 the same public, private, or non-public elementary,
9 middle, or high school, the court when issuing an order
10 of protection and providing relief shall consider the
11 severity of the act, any continuing physical danger or
12 emotional distress to the petitioner, the educational
13 rights guaranteed to the petitioner and respondent
14 under federal and State law, the availability of a
15 transfer of the respondent to another school, a change
16 of placement or a change of program of the respondent,
17 the expense, difficulty, and educational disruption
18 that would be caused by a transfer of the respondent to
19 another school, and any other relevant facts of the
20 case. The court may order that the respondent not
21 attend the public, private, or non-public elementary,
22 middle, or high school attended by the petitioner,
23 order that the respondent accept a change of placement
24 or change of program, as determined by the school
25 district or private or non-public school, or place
26 restrictions on the respondent's movements within the

SB1640- 263 -LRB099 02653 RLC 22659 b
1 school attended by the petitioner. The respondent
2 bears the burden of proving by a preponderance of the
3 evidence that a transfer, change of placement, or
4 change of program of the respondent is not available.
5 The respondent also bears the burden of production with
6 respect to the expense, difficulty, and educational
7 disruption that would be caused by a transfer of the
8 respondent to another school. A transfer, change of
9 placement, or change of program is not unavailable to
10 the respondent solely on the ground that the respondent
11 does not agree with the school district's or private or
12 non-public school's transfer, change of placement, or
13 change of program or solely on the ground that the
14 respondent fails or refuses to consent or otherwise
15 does not take an action required to effectuate a
16 transfer, change of placement, or change of program.
17 When a court orders a respondent to stay away from the
18 public, private, or non-public school attended by the
19 petitioner and the respondent requests a transfer to
20 another attendance center within the respondent's
21 school district or private or non-public school, the
22 school district or private or non-public school shall
23 have sole discretion to determine the attendance
24 center to which the respondent is transferred. In the
25 event the court order results in a transfer of the
26 minor respondent to another attendance center, a

SB1640- 264 -LRB099 02653 RLC 22659 b
1 change in the respondent's placement, or a change of
2 the respondent's program, the parents, guardian, or
3 legal custodian of the respondent is responsible for
4 transportation and other costs associated with the
5 transfer or change.
6 (C) The court may order the parents, guardian, or
7 legal custodian of a minor respondent to take certain
8 actions or to refrain from taking certain actions to
9 ensure that the respondent complies with the order. In
10 the event the court orders a transfer of the respondent
11 to another school, the parents, guardian, or legal
12 custodian of the respondent is responsible for
13 transportation and other costs associated with the
14 change of school by the respondent.
15 (4) Counseling. Require or recommend the respondent to
16 undergo counseling for a specified duration with a social
17 worker, psychologist, clinical psychologist, psychiatrist,
18 family service agency, alcohol or substance abuse program,
19 mental health center guidance counselor, agency providing
20 services to elders, program designed for domestic violence
21 abusers or any other guidance service the court deems
22 appropriate. The Court may order the respondent in any
23 intimate partner relationship to report to an Illinois
24 Department of Human Services protocol approved partner
25 abuse intervention program for an assessment and to follow
26 all recommended treatment.

SB1640- 265 -LRB099 02653 RLC 22659 b
1 (5) Physical care and possession of the minor child. In
2 order to protect the minor child from abuse, neglect, or
3 unwarranted separation from the person who has been the
4 minor child's primary caretaker, or to otherwise protect
5 the well-being of the minor child, the court may do either
6 or both of the following: (i) grant petitioner physical
7 care or possession of the minor child, or both, or (ii)
8 order respondent to return a minor child to, or not remove
9 a minor child from, the physical care of a parent or person
10 in loco parentis.
11 If a court finds, after a hearing, that respondent has
12 committed abuse (as defined in Section 103) of a minor
13 child, there shall be a rebuttable presumption that
14 awarding physical care to respondent would not be in the
15 minor child's best interest.
16 (6) Temporary legal custody. Award temporary legal
17 custody to petitioner in accordance with this Section, the
18 Illinois Marriage and Dissolution of Marriage Act, the
19 Illinois Parentage Act of 1984, and this State's Uniform
20 Child-Custody Jurisdiction and Enforcement Act.
21 If a court finds, after a hearing, that respondent has
22 committed abuse (as defined in Section 103) of a minor
23 child, there shall be a rebuttable presumption that
24 awarding temporary legal custody to respondent would not be
25 in the child's best interest.
26 (7) Visitation. Determine the visitation rights, if

SB1640- 266 -LRB099 02653 RLC 22659 b
1 any, of respondent in any case in which the court awards
2 physical care or temporary legal custody of a minor child
3 to petitioner. The court shall restrict or deny
4 respondent's visitation with a minor child if the court
5 finds that respondent has done or is likely to do any of
6 the following: (i) abuse or endanger the minor child during
7 visitation; (ii) use the visitation as an opportunity to
8 abuse or harass petitioner or petitioner's family or
9 household members; (iii) improperly conceal or detain the
10 minor child; or (iv) otherwise act in a manner that is not
11 in the best interests of the minor child. The court shall
12 not be limited by the standards set forth in Section 607.1
13 of the Illinois Marriage and Dissolution of Marriage Act.
14 If the court grants visitation, the order shall specify
15 dates and times for the visitation to take place or other
16 specific parameters or conditions that are appropriate. No
17 order for visitation shall refer merely to the term
18 "reasonable visitation".
19 Petitioner may deny respondent access to the minor
20 child if, when respondent arrives for visitation,
21 respondent is under the influence of drugs or alcohol and
22 constitutes a threat to the safety and well-being of
23 petitioner or petitioner's minor children or is behaving in
24 a violent or abusive manner.
25 If necessary to protect any member of petitioner's
26 family or household from future abuse, respondent shall be

SB1640- 267 -LRB099 02653 RLC 22659 b
1 prohibited from coming to petitioner's residence to meet
2 the minor child for visitation, and the parties shall
3 submit to the court their recommendations for reasonable
4 alternative arrangements for visitation. A person may be
5 approved to supervise visitation only after filing an
6 affidavit accepting that responsibility and acknowledging
7 accountability to the court.
8 (8) Removal or concealment of minor child. Prohibit
9 respondent from removing a minor child from the State or
10 concealing the child within the State.
11 (9) Order to appear. Order the respondent to appear in
12 court, alone or with a minor child, to prevent abuse,
13 neglect, removal or concealment of the child, to return the
14 child to the custody or care of the petitioner or to permit
15 any court-ordered interview or examination of the child or
16 the respondent.
17 (10) Possession of personal property. Grant petitioner
18 exclusive possession of personal property and, if
19 respondent has possession or control, direct respondent to
20 promptly make it available to petitioner, if:
21 (i) petitioner, but not respondent, owns the
22 property; or
23 (ii) the parties own the property jointly; sharing
24 it would risk abuse of petitioner by respondent or is
25 impracticable; and the balance of hardships favors
26 temporary possession by petitioner.

SB1640- 268 -LRB099 02653 RLC 22659 b
1 If petitioner's sole claim to ownership of the property
2 is that it is marital property, the court may award
3 petitioner temporary possession thereof under the
4 standards of subparagraph (ii) of this paragraph only if a
5 proper proceeding has been filed under the Illinois
6 Marriage and Dissolution of Marriage Act, as now or
7 hereafter amended.
8 No order under this provision shall affect title to
9 property.
10 (11) Protection of property. Forbid the respondent
11 from taking, transferring, encumbering, concealing,
12 damaging or otherwise disposing of any real or personal
13 property, except as explicitly authorized by the court, if:
14 (i) petitioner, but not respondent, owns the
15 property; or
16 (ii) the parties own the property jointly, and the
17 balance of hardships favors granting this remedy.
18 If petitioner's sole claim to ownership of the property
19 is that it is marital property, the court may grant
20 petitioner relief under subparagraph (ii) of this
21 paragraph only if a proper proceeding has been filed under
22 the Illinois Marriage and Dissolution of Marriage Act, as
23 now or hereafter amended.
24 The court may further prohibit respondent from
25 improperly using the financial or other resources of an
26 aged member of the family or household for the profit or

SB1640- 269 -LRB099 02653 RLC 22659 b
1 advantage of respondent or of any other person.
2 (11.5) Protection of animals. Grant the petitioner the
3 exclusive care, custody, or control of any animal owned,
4 possessed, leased, kept, or held by either the petitioner
5 or the respondent or a minor child residing in the
6 residence or household of either the petitioner or the
7 respondent and order the respondent to stay away from the
8 animal and forbid the respondent from taking,
9 transferring, encumbering, concealing, harming, or
10 otherwise disposing of the animal.
11 (12) Order for payment of support. Order respondent to
12 pay temporary support for the petitioner or any child in
13 the petitioner's care or custody, when the respondent has a
14 legal obligation to support that person, in accordance with
15 the Illinois Marriage and Dissolution of Marriage Act,
16 which shall govern, among other matters, the amount of
17 support, payment through the clerk and withholding of
18 income to secure payment. An order for child support may be
19 granted to a petitioner with lawful physical care or
20 custody of a child, or an order or agreement for physical
21 care or custody, prior to entry of an order for legal
22 custody. Such a support order shall expire upon entry of a
23 valid order granting legal custody to another, unless
24 otherwise provided in the custody order.
25 (13) Order for payment of losses. Order respondent to
26 pay petitioner for losses suffered as a direct result of

SB1640- 270 -LRB099 02653 RLC 22659 b
1 the abuse, neglect, or exploitation. Such losses shall
2 include, but not be limited to, medical expenses, lost
3 earnings or other support, repair or replacement of
4 property damaged or taken, reasonable attorney's fees,
5 court costs and moving or other travel expenses, including
6 additional reasonable expenses for temporary shelter and
7 restaurant meals.
8 (i) Losses affecting family needs. If a party is
9 entitled to seek maintenance, child support or
10 property distribution from the other party under the
11 Illinois Marriage and Dissolution of Marriage Act, as
12 now or hereafter amended, the court may order
13 respondent to reimburse petitioner's actual losses, to
14 the extent that such reimbursement would be
15 "appropriate temporary relief", as authorized by
16 subsection (a)(3) of Section 501 of that Act.
17 (ii) Recovery of expenses. In the case of an
18 improper concealment or removal of a minor child, the
19 court may order respondent to pay the reasonable
20 expenses incurred or to be incurred in the search for
21 and recovery of the minor child, including but not
22 limited to legal fees, court costs, private
23 investigator fees, and travel costs.
24 (14) Prohibition of entry. Prohibit the respondent
25 from entering or remaining in the residence or household
26 while the respondent is under the influence of alcohol or

SB1640- 271 -LRB099 02653 RLC 22659 b
1 drugs and constitutes a threat to the safety and well-being
2 of the petitioner or the petitioner's children.
3 (14.5) Prohibition of firearm possession.
4 (a) Prohibit a respondent against whom an order of
5 protection was issued from possessing any firearms
6 during the duration of the order if the order:
7 (1) was issued after a hearing of which such
8 person received actual notice, and at which such
9 person had an opportunity to participate;
10 (2) restrains such person from harassing,
11 stalking, or threatening an intimate partner of
12 such person or child of such intimate partner or
13 person, or engaging in other conduct that would
14 place an intimate partner in reasonable fear of
15 bodily injury to the partner or child; and
16 (3)(i) includes a finding that such person
17 represents a credible threat to the physical
18 safety of such intimate partner or child; or (ii)
19 by its terms explicitly prohibits the use,
20 attempted use, or threatened use of physical force
21 against such intimate partner or child that would
22 reasonably be expected to cause bodily injury.
23 Any Firearm Owner's Identification Card in the
24 possession of the respondent, except as provided in
25 subsection (b), shall be ordered by the court to be
26 turned over to the local law enforcement agency. The

SB1640- 272 -LRB099 02653 RLC 22659 b
1 local law enforcement agency shall immediately mail
2 the card to the Department of State Police Firearm
3 Owner's Identification Card Office for safekeeping.
4 The court shall issue a warrant for seizure of any
5 firearm in the possession of the respondent, to be kept
6 by the local law enforcement agency for safekeeping,
7 except as provided in subsection (b). The period of
8 safekeeping shall be for the duration of the order of
9 protection. The firearm or firearms and Firearm
10 Owner's Identification Card, if unexpired, shall at
11 the respondent's request, be returned to the
12 respondent at the end of the order of protection. It is
13 the respondent's responsibility to notify the
14 Department of State Police Firearm Owner's
15 Identification Card Office.
16 (b) If the respondent is a peace officer as defined
17 in Section 2-13 of the Criminal Code of 2012, the court
18 shall order that any firearms used by the respondent in
19 the performance of his or her duties as a peace officer
20 be surrendered to the chief law enforcement executive
21 of the agency in which the respondent is employed, who
22 shall retain the firearms for safekeeping for the
23 duration of the order of protection.
24 (c) Upon expiration of the period of safekeeping,
25 if the firearms or Firearm Owner's Identification Card
26 cannot be returned to respondent because respondent

SB1640- 273 -LRB099 02653 RLC 22659 b
1 cannot be located, fails to respond to requests to
2 retrieve the firearms, or is not lawfully eligible to
3 possess a firearm, upon petition from the local law
4 enforcement agency, the court may order the local law
5 enforcement agency to destroy the firearms, use the
6 firearms for training purposes, or for any other
7 application as deemed appropriate by the local law
8 enforcement agency; or that the firearms be turned over
9 to a third party who is lawfully eligible to possess
10 firearms, and who does not reside with respondent.
11 (15) Prohibition of access to records. If an order of
12 protection prohibits respondent from having contact with
13 the minor child, or if petitioner's address is omitted
14 under subsection (b) of Section 203, or if necessary to
15 prevent abuse or wrongful removal or concealment of a minor
16 child, the order shall deny respondent access to, and
17 prohibit respondent from inspecting, obtaining, or
18 attempting to inspect or obtain, school or any other
19 records of the minor child who is in the care of
20 petitioner.
21 (16) Order for payment of shelter services. Order
22 respondent to reimburse a shelter providing temporary
23 housing and counseling services to the petitioner for the
24 cost of the services, as certified by the shelter and
25 deemed reasonable by the court.
26 (17) Order for injunctive relief. Enter injunctive

SB1640- 274 -LRB099 02653 RLC 22659 b
1 relief necessary or appropriate to prevent further abuse of
2 a family or household member or further abuse, neglect, or
3 exploitation of a high-risk adult with disabilities or to
4 effectuate one of the granted remedies, if supported by the
5 balance of hardships. If the harm to be prevented by the
6 injunction is abuse or any other harm that one of the
7 remedies listed in paragraphs (1) through (16) of this
8 subsection is designed to prevent, no further evidence is
9 necessary that the harm is an irreparable injury.
10 (c) Relevant factors; findings.
11 (1) In determining whether to grant a specific remedy,
12 other than payment of support, the court shall consider
13 relevant factors, including but not limited to the
14 following:
15 (i) the nature, frequency, severity, pattern and
16 consequences of the respondent's past abuse, neglect
17 or exploitation of the petitioner or any family or
18 household member, including the concealment of his or
19 her location in order to evade service of process or
20 notice, and the likelihood of danger of future abuse,
21 neglect, or exploitation to petitioner or any member of
22 petitioner's or respondent's family or household; and
23 (ii) the danger that any minor child will be abused
24 or neglected or improperly removed from the
25 jurisdiction, improperly concealed within the State or
26 improperly separated from the child's primary

SB1640- 275 -LRB099 02653 RLC 22659 b
1 caretaker.
2 (2) In comparing relative hardships resulting to the
3 parties from loss of possession of the family home, the
4 court shall consider relevant factors, including but not
5 limited to the following:
6 (i) availability, accessibility, cost, safety,
7 adequacy, location and other characteristics of
8 alternate housing for each party and any minor child or
9 dependent adult in the party's care;
10 (ii) the effect on the party's employment; and
11 (iii) the effect on the relationship of the party,
12 and any minor child or dependent adult in the party's
13 care, to family, school, church and community.
14 (3) Subject to the exceptions set forth in paragraph
15 (4) of this subsection, the court shall make its findings
16 in an official record or in writing, and shall at a minimum
17 set forth the following:
18 (i) That the court has considered the applicable
19 relevant factors described in paragraphs (1) and (2) of
20 this subsection.
21 (ii) Whether the conduct or actions of respondent,
22 unless prohibited, will likely cause irreparable harm
23 or continued abuse.
24 (iii) Whether it is necessary to grant the
25 requested relief in order to protect petitioner or
26 other alleged abused persons.

SB1640- 276 -LRB099 02653 RLC 22659 b
1 (4) For purposes of issuing an ex parte emergency order
2 of protection, the court, as an alternative to or as a
3 supplement to making the findings described in paragraphs
4 (c)(3)(i) through (c)(3)(iii) of this subsection, may use
5 the following procedure:
6 When a verified petition for an emergency order of
7 protection in accordance with the requirements of Sections
8 203 and 217 is presented to the court, the court shall
9 examine petitioner on oath or affirmation. An emergency
10 order of protection shall be issued by the court if it
11 appears from the contents of the petition and the
12 examination of petitioner that the averments are
13 sufficient to indicate abuse by respondent and to support
14 the granting of relief under the issuance of the emergency
15 order of protection.
16 (5) Never married parties. No rights or
17 responsibilities for a minor child born outside of marriage
18 attach to a putative father until a father and child
19 relationship has been established under the Illinois
20 Parentage Act of 1984, the Illinois Public Aid Code,
21 Section 12 of the Vital Records Act, the Juvenile Court Act
22 of 1987, the Probate Act of 1985, the Revised Uniform
23 Reciprocal Enforcement of Support Act, the Uniform
24 Interstate Family Support Act, the Expedited Child Support
25 Act of 1990, any judicial, administrative, or other act of
26 another state or territory, any other Illinois statute, or

SB1640- 277 -LRB099 02653 RLC 22659 b
1 by any foreign nation establishing the father and child
2 relationship, any other proceeding substantially in
3 conformity with the Personal Responsibility and Work
4 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
5 or where both parties appeared in open court or at an
6 administrative hearing acknowledging under oath or
7 admitting by affirmation the existence of a father and
8 child relationship. Absent such an adjudication, finding,
9 or acknowledgement, no putative father shall be granted
10 temporary custody of the minor child, visitation with the
11 minor child, or physical care and possession of the minor
12 child, nor shall an order of payment for support of the
13 minor child be entered.
14 (d) Balance of hardships; findings. If the court finds that
15the balance of hardships does not support the granting of a
16remedy governed by paragraph (2), (3), (10), (11), or (16) of
17subsection (b) of this Section, which may require such
18balancing, the court's findings shall so indicate and shall
19include a finding as to whether granting the remedy will result
20in hardship to respondent that would substantially outweigh the
21hardship to petitioner from denial of the remedy. The findings
22shall be an official record or in writing.
23 (e) Denial of remedies. Denial of any remedy shall not be
24based, in whole or in part, on evidence that:
25 (1) Respondent has cause for any use of force, unless
26 that cause satisfies the standards for justifiable use of

SB1640- 278 -LRB099 02653 RLC 22659 b
1 force provided by Article 7 of the Criminal Code of 2012;
2 (2) Respondent was voluntarily intoxicated;
3 (3) Petitioner acted in self-defense or defense of
4 another, provided that, if petitioner utilized force, such
5 force was justifiable under Article 7 of the Criminal Code
6 of 2012;
7 (4) Petitioner did not act in self-defense or defense
8 of another;
9 (5) Petitioner left the residence or household to avoid
10 further abuse, neglect, or exploitation by respondent;
11 (6) Petitioner did not leave the residence or household
12 to avoid further abuse, neglect, or exploitation by
13 respondent;
14 (7) Conduct by any family or household member excused
15 the abuse, neglect, or exploitation by respondent, unless
16 that same conduct would have excused such abuse, neglect,
17 or exploitation if the parties had not been family or
18 household members.
19(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
2097-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
2197-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
22 Section 115. The Uniform Disposition of Unclaimed Property
23Act is amended by changing Section 1 as follows:
24 (765 ILCS 1025/1) (from Ch. 141, par. 101)

SB1640- 279 -LRB099 02653 RLC 22659 b
1 Sec. 1. As used in this Act, unless the context otherwise
2requires:
3 (a) "Banking organization" means any bank, trust company,
4savings bank, industrial bank, land bank, safe deposit company,
5or a private banker.
6 (b) "Business association" means any corporation, joint
7stock company, business trust, partnership, or any
8association, limited liability company, or other business
9entity consisting of one or more persons, whether or not for
10profit.
11 (c) "Financial organization" means any savings and loan
12association, building and loan association, credit union,
13currency exchange, co-operative bank, mutual funds, or
14investment company.
15 (d) "Holder" means any person in possession of property
16subject to this Act belonging to another, or who is trustee in
17case of a trust, or is indebted to another on an obligation
18subject to this Act.
19 (e) "Life insurance corporation" means any association or
20corporation transacting the business of insurance on the lives
21of persons or insurance appertaining thereto, including, but
22not by way of limitation, endowments and annuities.
23 (f) "Owner" means a depositor in case of a deposit, a
24beneficiary in case of a trust, a creditor, claimant, or payee
25in case of other property, or any person having a legal or
26equitable interest in property subject to this Act, or his

SB1640- 280 -LRB099 02653 RLC 22659 b
1legal representative.
2 (g) "Person" means any individual, business association,
3financial organization, government or political subdivision or
4agency, public authority, estate, trust, or any other legal or
5commercial entity.
6 (h) "Utility" means any person who owns or operates, for
7public use, any plant, equipment, property, franchise, or
8license for the transmission of communications or the
9production, storage, transmission, sale, delivery, or
10furnishing of electricity, water, steam, oil or gas.
11 (i) (Blank).
12 (j) "Insurance company" means any person transacting the
13kinds of business enumerated in Section 4 of the Illinois
14Insurance Code other than life insurance.
15 (k) "Economic loss", as used in Sections 2a and 9 of this
16Act includes, but is not limited to, delivery charges,
17mark-downs and write-offs, carrying costs, restocking charges,
18lay-aways, special orders, issuance of credit memos, and the
19costs of special services or goods provided that reduce the
20property value or that result in lost sales opportunity.
21 (l) "Reportable property" means property, tangible or
22intangible, presumed abandoned under this Act that must be
23appropriately and timely reported and remitted to the Office of
24the State Treasurer under this Act. Interest, dividends, stock
25splits, warrants, or other rights that become reportable
26property under this Act include the underlying security or

SB1640- 281 -LRB099 02653 RLC 22659 b
1commodity giving rise to the interest, dividend, split,
2warrant, or other right to which the owner would be entitled.
3 (m) "Firearm" has the meaning ascribed to that term in
4Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
5Identification Card Act.
6(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
7eff. 6-2-00.)

SB1640- 282 -LRB099 02653 RLC 22659 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-595
7 20 ILCS 2605/2605-120 rep.
8 20 ILCS 2630/2.2
9 30 ILCS 105/6z-99
10 50 ILCS 710/1from Ch. 85, par. 515
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15 225 ILCS 447/35-30
16 225 ILCS 447/35-35
17 405 ILCS 5/6-103.1
18 405 ILCS 5/6-103.2
19 405 ILCS 5/6-103.3
20 410 ILCS 45/2from Ch. 111 1/2, par. 1302
21 430 ILCS 65/Act rep.
22 430 ILCS 66/25
23 430 ILCS 66/30
24 430 ILCS 66/40
25 430 ILCS 66/70

SB1640- 283 -LRB099 02653 RLC 22659 b
1 430 ILCS 66/80
2 430 ILCS 66/105
3 520 ILCS 5/3.2from Ch. 61, par. 3.2
4 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5 705 ILCS 105/27.3a
6 720 ILCS 5/2-7.1
7 720 ILCS 5/2-7.5
8 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9 720 ILCS 5/16-0.1
10 720 ILCS 5/17-30was 720 ILCS 5/16C-2
11 720 ILCS 5/24-1from Ch. 38, par. 24-1
12 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13 720 ILCS 5/24-1.6
14 720 ILCS 5/24-1.8
15 720 ILCS 5/24-2
16 720 ILCS 5/24-3from Ch. 38, par. 24-3
17 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
18 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
19 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
20 720 ILCS 5/24-3.5
21 720 ILCS 5/24-4.1
22 720 ILCS 5/24-4.5 new
23 720 ILCS 5/24-9
24 720 ILCS 646/10
25 725 ILCS 5/110-10from Ch. 38, par. 110-10
26 725 ILCS 5/112A-11.1

SB1640- 284 -LRB099 02653 RLC 22659 b