99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2859

Introduced 2/17/2016, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:
See Index

Amends the Freedom of Information Act. Provides that names and information of people who have applied for or received Certificates of Firearm Registration are exempt from public inspections and copying. Amends the State Finance Act. Creates the National Instant Criminal Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund. Amends the Firearm Owners Identification Act. Provides that the Act may now be cited to as the "Firearm Owners Identification Card and Certificate of Firearm Registration Act". Defines "Certificate of Firearm Registration" and "firearm". Prohibits any person in the State from carrying or possessing a firearm without a Certificate of Firearm Registration. Sets forth requirements concerning exemptions, applications for registration, registration fees, the distribution of moneys received from certain fees, and the denial of an application. Creates penalties for the possession of a firearm without a current certificate of registration, knowingly providing false or misleading information or evidence in connection with an application, and the failure to report to local law enforcement that a registered firearm is lost, stolen, missing, or destroyed. Sets forth procedures for the return of a certificate of registration for a firearm that is lost, stolen, or otherwise disposed of. Amends various Acts to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The 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. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from 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

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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.

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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

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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 Portability and
21 Accountability and Portability Act of 1996, Public Law
22 104-191, or any subsequent amendments thereto, and any
23 regulations 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

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1 for or received Firearm Owner's Identification Cards or
2 Certificates of Firearm Registration under the Firearm
3 Owners Identification Card and Certificate of Firearm
4 Registration Act or applied for or received a concealed
5 carry 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

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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 (bb) Information which is or was prohibited from
6 disclosure by the Juvenile Court Act of 1987.
7 (cc) (bb) Recordings made under the Law Enforcement
8 Officer-Worn Body Camera Act, except to the extent
9 authorized under that Act.
10(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
11eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1299-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
13revised 10-14-15.)
14 Section 10. The Department of State Police Law of the Civil
15Administrative Code of Illinois is amended by changing Sections
162605-45, 2605-120, 2605-300, and 2605-595 as follows:
17 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
18 Sec. 2605-45. Division of Administration. The Division of
19Administration shall exercise the following functions:
20 (1) Exercise the rights, powers, and duties vested in
21 the Department by the Governor's Office of Management and
22 Budget Act.
23 (2) Pursue research and the publication of studies
24 pertaining to local law enforcement activities.

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1 (3) Exercise the rights, powers, and duties vested in
2 the Department by the Personnel Code.
3 (4) Operate an electronic data processing and computer
4 center for the storage and retrieval of data pertaining to
5 criminal activity.
6 (5) Exercise the rights, powers, and duties vested in
7 the former Division of State Troopers by Section 17 of the
8 State Police Act.
9 (6) Exercise the rights, powers, and duties vested in
10 the Department by "An Act relating to internal auditing in
11 State government", approved August 11, 1967 (repealed; now
12 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
13 (6.5) Exercise the rights, powers, and duties vested in
14 the Department by the Firearm Owners Identification Card
15 and Certificate of Firearm Registration Act.
16 (7) Exercise other duties that may be assigned by the
17 Director to fulfill the responsibilities and achieve the
18 purposes of the Department.
19(Source: P.A. 94-793, eff. 5-19-06.)
20 (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
21 Sec. 2605-120. Firearm Owners Identification Card and
22Certificate of Firearm Registration Act. To exercise the
23rights, powers, and duties that have been vested in the
24Department of Public Safety by the Firearm Owners
25Identification Card and Certificate of Firearm Registration

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1Act.
2(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
3eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
4eff. 8-14-98; 91-239, eff. 1-1-00.)
5 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
6 Sec. 2605-300. Records; crime laboratories; personnel. To
7do the following:
8 (1) Be a central repository and custodian of criminal
9 statistics for the State.
10 (2) Be a central repository for criminal history record
11 information.
12 (3) Procure and file for record information that is
13 necessary and helpful to plan programs of crime prevention,
14 law enforcement, and criminal justice.
15 (4) Procure and file for record copies of fingerprints
16 that may be required by law.
17 (5) Establish general and field crime laboratories.
18 (6) Register and file for record information that may
19 be required by law for the issuance of firearm owner's
20 identification cards under the Firearm Owners
21 Identification Card and Certificate of Firearm
22 Registration Act and concealed carry licenses under the
23 Firearm Concealed Carry Act.
24 (7) Employ polygraph operators, laboratory
25 technicians, and other specially qualified persons to aid

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1 in the identification of criminal activity.
2 (8) Undertake other identification, information,
3 laboratory, statistical, or registration activities that
4 may be required by law.
5(Source: P.A. 98-63, eff. 7-9-13.)
6 (20 ILCS 2605/2605-595)
7 Sec. 2605-595. State Police Firearm Services Fund.
8 (a) There is created in the State treasury a special fund
9known as the State Police Firearm Services Fund. The Fund shall
10receive revenue under the Firearm Concealed Carry Act and
11Section 5 of the Firearm Owners Identification Card and
12Certificate of Firearm Registration Act. The Fund may also
13receive revenue from grants, pass-through grants, donations,
14appropriations, and any other legal source.
15 (b) The Department of State Police may use moneys in the
16Fund to finance any of its lawful purposes, mandates,
17functions, and duties under the Firearm Owners Identification
18Card and Certificate of Firearm Registration Act and the
19Firearm Concealed Carry Act, including the cost of sending
20notices of expiration of Firearm Owner's Identification Cards,
21concealed carry licenses, the prompt and efficient processing
22of applications under the Firearm Owners Identification Card
23and Certificate of Firearm Registration Act and the Firearm
24Concealed Carry Act, the improved efficiency and reporting of
25the LEADS and federal NICS law enforcement data systems, and

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1support for investigations required under these Acts and law.
2Any surplus funds beyond what is needed to comply with the
3aforementioned purposes shall be used by the Department to
4improve the Law Enforcement Agencies Data System (LEADS) and
5criminal history background check system.
6 (c) Investment income that is attributable to the
7investment of moneys in the Fund shall be retained in the Fund
8for the uses specified in this Section.
9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
10 Section 15. The Criminal Identification Act is amended by
11changing Section 2.2 as follows:
12 (20 ILCS 2630/2.2)
13 Sec. 2.2. Notification to the Department. Upon judgment of
14conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1512-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
16Code of 2012 when the defendant has been determined, pursuant
17to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
18to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
19circuit court clerk shall include notification and a copy of
20the written determination in a report of the conviction to the
21Department of State Police Firearm Owner's Identification Card
22Office to enable the office to perform its duties under
23Sections 4 and 8 of the Firearm Owners Identification Card and
24Certificate of Firearm Registration Act and to report that

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1determination to the Federal Bureau of Investigation to assist
2the Bureau in identifying persons prohibited from purchasing
3and possessing a firearm pursuant to the provisions of 18
4U.S.C. 922. The written determination described in this Section
5shall be included in the defendant's record of arrest and
6conviction in the manner and form prescribed by the Department
7of State Police.
8(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
9 Section 20. The State Finance Act is amended by changing
10Section 6z-99 and by adding Sections 5.875, 5.876, 6z-101, and
116z-102 as follows:
12 (30 ILCS 105/5.875 new)
13 Sec. 5.875. The National Instant Criminal Background Check
14System Improvement Fund.
15 (30 ILCS 105/5.876 new)
16 Sec. 5.876. The Illinois LEADS Information and Technology
17Improvement Fund.
18 (30 ILCS 105/6z-99)
19 Sec. 6z-99. The Mental Health Reporting Fund.
20 (a) There is created in the State treasury a special fund
21known as the Mental Health Reporting Fund. The Fund shall
22receive revenue under the Firearm Concealed Carry Act. The Fund

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1may also receive revenue from grants, pass-through grants,
2donations, appropriations, and any other legal source.
3 (b) The Department of State Police and Department of Human
4Services shall coordinate to use moneys in the Fund to finance
5their respective duties of collecting and reporting data on
6mental health records and ensuring that mental health firearm
7possession prohibitors are enforced as set forth under the
8Firearm Concealed Carry Act and the Firearm Owners
9Identification Card and Certificate of Firearm Registration
10Act. Any surplus in the Fund beyond what is necessary to ensure
11compliance with mental health reporting under these Acts shall
12be used by the Department of Human Services for mental health
13treatment programs.
14 (c) Investment income that is attributable to the
15investment of moneys in the Fund shall be retained in the Fund
16for the uses specified in this Section.
17(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
18 (30 ILCS 105/6z-101 new)
19 Sec. 6z-101. National Instant Criminal Background Check
20System Improvement Fund.
21 (a) There is created in the State treasury a special fund
22known as National Instant Criminal Background Check System
23Improvement Fund. The Fund shall receive revenue under Section
243.4 of the Firearm Owners Identification Card and Certificate
25of Firearm Registration Act. The Fund may also receive revenue

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1from grants, donations, appropriations, and any other legal
2source.
3 (b) The Department of State Police shall use moneys in the
4Fund to perform its duties and responsibilities under
5subsection (e) of Section 3.1 of the Firearm Owners
6Identification Card and Certificate of Firearm Registration
7Act.
8 (c) Expenditures may be made from the Fund only as
9appropriated by the General Assembly by law.
10 (d) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13 (e) The Fund shall not be subject to administrative
14chargebacks.
15 (30 ILCS 105/6z-102 new)
16 Sec. 6z-102. Illinois LEADS Information and Technology
17Improvement Fund.
18 (a) There is created in the State treasury a special fund
19known as the Illinois LEADS Information and Technology
20Improvement Fund. The Fund shall receive revenue under Section
213.4 of the Firearm Owners Identification Card and Certificate
22of Firearm Registration Act. The Fund may also receive revenue
23from grants, donations, appropriations, and any other legal
24source.
25 (b) The Department of State Police shall use the moneys in

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1the Fund to update and improve the technology used for the Law
2Enforcement Agencies Data System (LEADS) system. The Fund shall
3also be used to support the Department's responsibilities in
4managing background checks and public safety record-keeping.
5 (c) Moneys in the Fund shall also be used to fund grants
6made available to local law enforcement to support their
7technological infrastructure.
8 (d) Expenditures may be made from the Fund only as
9appropriated by the General Assembly by law.
10 (e) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13 (f) The Fund shall not be subject to administrative
14chargebacks.
15 Section 25. The School Code is amended by changing Sections
1610-22.6, 10-27.1A, and 34-8.05 as follows:
17 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
18 (Text of Section before amendment by P.A. 99-456)
19 Sec. 10-22.6. Suspension or expulsion of pupils; school
20searches.
21 (a) To expel pupils guilty of gross disobedience or
22misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, and no action shall lie
24against them for such expulsion. Expulsion shall take place

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

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1If a pupil is suspended due to gross disobedience or misconduct
2on a school bus, the board may suspend the pupil in excess of
310 school days for safety reasons. Any suspension shall be
4reported immediately to the parents or guardian of such pupil
5along with a full statement of the reasons for such suspension
6and a notice of their right to a review. The school board must
7be given a summary of the notice, including the reason for the
8suspension and the suspension length. Upon request of the
9parents or guardian the school board or a hearing officer
10appointed by it shall review such action of the superintendent
11or principal, assistant principal, or dean of students. At such
12review the parents or guardian of the pupil may appear and
13discuss the suspension with the board or its hearing officer.
14If a hearing officer is appointed by the board he shall report
15to the board a written summary of the evidence heard at the
16meeting. After its hearing or upon receipt of the written
17report of its hearing officer, the board may take such action
18as it finds appropriate. A pupil who is suspended in excess of
1920 school days may be immediately transferred to an alternative
20program in the manner provided in Article 13A or 13B of this
21Code. A pupil must not be denied transfer because of the
22suspension, except in cases in which such transfer is deemed to
23cause a threat to the safety of students or staff in the
24alternative program.
25 (c) The Department of Human Services shall be invited to
26send a representative to consult with the board at such meeting

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

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

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

SB2859- 20 -LRB099 16419 RLC 40752 b
1organized under Article 34.
2 (f) Suspension or expulsion may include suspension or
3expulsion from school and all school activities and a
4prohibition from being present on school grounds.
5 (g) A school district may adopt a policy providing that if
6a student is suspended or expelled for any reason from any
7public or private school in this or any other state, the
8student must complete the entire term of the suspension or
9expulsion in an alternative school program under Article 13A of
10this Code or an alternative learning opportunities program
11under Article 13B of this Code before being admitted into the
12school district if there is no threat to the safety of students
13or staff in the alternative program. This subsection (g)
14applies to all school districts, including special charter
15districts and districts organized under Article 34 of this
16Code.
17(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1897-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1997-1150, eff. 1-25-13.)
20 (Text of Section after amendment by P.A. 99-456)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23 (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

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1of this Section, and no action shall lie against them for such
2expulsion. Expulsion shall take place only after the parents
3have been requested to appear at a meeting of the board, or
4with a hearing officer appointed by it, to discuss their
5child's behavior. Such request shall be made by registered or
6certified mail and shall state the time, place and purpose of
7the meeting. The board, or a hearing officer appointed by it,
8at such meeting shall state the reasons for dismissal and the
9date on which the expulsion is to become effective. If a
10hearing officer is appointed by the board he shall report to
11the board a written summary of the evidence heard at the
12meeting and the board may take such action thereon as it finds
13appropriate. If the board acts to expel a pupil, the written
14expulsion decision shall detail the specific reasons why
15removing the pupil from the learning environment is in the best
16interest of the school. The expulsion decision shall also
17include a rationale as to the specific duration of the
18expulsion. An expelled pupil may be immediately transferred to
19an alternative program in the manner provided in Article 13A or
2013B of this Code. A pupil must not be denied transfer because
21of the expulsion, except in cases in which such transfer is
22deemed to cause a threat to the safety of students or staff in
23the alternative program.
24 (b) To suspend or by policy to authorize the superintendent
25of the district or the principal, assistant principal, or dean
26of students of any school to suspend pupils guilty of gross

SB2859- 22 -LRB099 16419 RLC 40752 b
1disobedience or misconduct, or to suspend pupils guilty of
2gross disobedience or misconduct on the school bus from riding
3the school bus, pursuant to subsections (b-15) and (b-20) of
4this Section, and no action shall lie against them for such
5suspension. The board may by policy authorize the
6superintendent of the district or the principal, assistant
7principal, or dean of students of any school to suspend pupils
8guilty of such acts for a period not to exceed 10 school days.
9If a pupil is suspended due to gross disobedience or misconduct
10on a school bus, the board may suspend the pupil in excess of
1110 school days for safety reasons.
12 Any suspension shall be reported immediately to the parents
13or guardian of a pupil along with a full statement of the
14reasons for such suspension and a notice of their right to a
15review. The school board must be given a summary of the notice,
16including the reason for the suspension and the suspension
17length. Upon request of the parents or guardian the school
18board or a hearing officer appointed by it shall review such
19action of the superintendent or principal, assistant
20principal, or dean of students. At such review the parents or
21guardian of the pupil may appear and discuss the suspension
22with the board or its hearing officer. If a hearing officer is
23appointed by the board he shall report to the board a written
24summary of the evidence heard at the meeting. After its hearing
25or upon receipt of the written report of its hearing officer,
26the board may take such action as it finds appropriate. If a

SB2859- 23 -LRB099 16419 RLC 40752 b
1student is suspended pursuant to this subsection (b), the board
2shall, in the written suspension decision, detail the specific
3act of gross disobedience or misconduct resulting in the
4decision to suspend. The suspension decision shall also include
5a rationale as to the specific duration of the suspension. A
6pupil who is suspended in excess of 20 school days may be
7immediately transferred to an alternative program in the manner
8provided in Article 13A or 13B of this Code. A pupil must not
9be denied transfer because of the suspension, except in cases
10in which such transfer is deemed to cause a threat to the
11safety of students or staff in the alternative program.
12 (b-5) Among the many possible disciplinary interventions
13and consequences available to school officials, school
14exclusions, such as out-of-school suspensions and expulsions,
15are the most serious. School officials shall limit the number
16and duration of expulsions and suspensions to the greatest
17extent practicable, and it is recommended that they use them
18only for legitimate educational purposes. To ensure that
19students are not excluded from school unnecessarily, it is
20recommended that school officials consider forms of
21non-exclusionary discipline prior to using out-of-school
22suspensions or expulsions.
23 (b-10) Unless otherwise required by federal law or this
24Code, school boards may not institute zero-tolerance policies
25by which school administrators are required to suspend or expel
26students for particular behaviors.

SB2859- 24 -LRB099 16419 RLC 40752 b
1 (b-15) Out-of-school suspensions of 3 days or less may be
2used only if the student's continuing presence in school would
3pose a threat to school safety or a disruption to other
4students' learning opportunities. For purposes of this
5subsection (b-15), "threat to school safety or a disruption to
6other students' learning opportunities" shall be determined on
7a case-by-case basis by the school board or its designee.
8School officials shall make all reasonable efforts to resolve
9such threats, address such disruptions, and minimize the length
10of suspensions to the greatest extent practicable.
11 (b-20) Unless otherwise required by this Code,
12out-of-school suspensions of longer than 3 days, expulsions,
13and disciplinary removals to alternative schools may be used
14only if other appropriate and available behavioral and
15disciplinary interventions have been exhausted and the
16student's continuing presence in school would either (i) pose a
17threat to the safety of other students, staff, or members of
18the school community or (ii) substantially disrupt, impede, or
19interfere with the operation of the school. For purposes of
20this subsection (b-20), "threat to the safety of other
21students, staff, or members of the school community" and
22"substantially disrupt, impede, or interfere with the
23operation of the school" shall be determined on a case-by-case
24basis by school officials. For purposes of this subsection
25(b-20), the determination of whether "appropriate and
26available behavioral and disciplinary interventions have been

SB2859- 25 -LRB099 16419 RLC 40752 b
1exhausted" shall be made by school officials. School officials
2shall make all reasonable efforts to resolve such threats,
3address such disruptions, and minimize the length of student
4exclusions to the greatest extent practicable. Within the
5suspension decision described in subsection (b) of this Section
6or the expulsion decision described in subsection (a) of this
7Section, it shall be documented whether other interventions
8were attempted or whether it was determined that there were no
9other appropriate and available interventions.
10 (b-25) Students who are suspended out-of-school for longer
11than 4 school days shall be provided appropriate and available
12support services during the period of their suspension. For
13purposes of this subsection (b-25), "appropriate and available
14support services" shall be determined by school authorities.
15Within the suspension decision described in subsection (b) of
16this Section, it shall be documented whether such services are
17to be provided or whether it was determined that there are no
18such appropriate and available services.
19 A school district may refer students who are expelled to
20appropriate and available support services.
21 A school district shall create a policy to facilitate the
22re-engagement of students who are suspended out-of-school,
23expelled, or returning from an alternative school setting.
24 (b-30) A school district shall create a policy by which
25suspended pupils, including those pupils suspended from the
26school bus who do not have alternate transportation to school,

SB2859- 26 -LRB099 16419 RLC 40752 b
1shall have the opportunity to make up work for equivalent
2academic credit. It shall be the responsibility of a pupil's
3parent or guardian to notify school officials that a pupil
4suspended from the school bus does not have alternate
5transportation to school.
6 (c) The Department of Human Services shall be invited to
7send a representative to consult with the board at such meeting
8whenever there is evidence that mental illness may be the cause
9for expulsion or suspension.
10 (c-5) School districts shall make reasonable efforts to
11provide ongoing professional development to teachers,
12administrators, school board members, school resource
13officers, and staff on the adverse consequences of school
14exclusion and justice-system involvement, effective classroom
15management strategies, culturally responsive discipline, and
16developmentally appropriate disciplinary methods that promote
17positive and healthy school climates.
18 (d) The board may expel a student for a definite period of
19time not to exceed 2 calendar years, as determined on a case by
20case basis. A student who is determined to have brought one of
21the following objects to school, any school-sponsored activity
22or event, or any activity or event that bears a reasonable
23relationship to school shall be expelled for a period of not
24less than one year:
25 (1) A firearm. For the purposes of this Section,
26 "firearm" means any gun, rifle, shotgun, weapon as defined

SB2859- 27 -LRB099 16419 RLC 40752 b
1 by Section 921 of Title 18 of the United States Code,
2 firearm as defined in Section 1.1 of the Firearm Owners
3 Identification Card and Certificate of Firearm
4 Registration Act, or firearm as defined in Section 24-1 of
5 the Criminal Code of 2012. The expulsion period under this
6 subdivision (1) may be modified by the superintendent, and
7 the superintendent's determination may be modified by the
8 board on a case-by-case basis.
9 (2) A knife, brass knuckles or other knuckle weapon
10 regardless of its composition, a billy club, or any other
11 object if used or attempted to be used to cause bodily
12 harm, including "look alikes" of any firearm as defined in
13 subdivision (1) of this subsection (d). The expulsion
14 requirement under this subdivision (2) may be modified by
15 the superintendent, and the superintendent's determination
16 may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the Federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23 (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

SB2859- 28 -LRB099 16419 RLC 40752 b
1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case by case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within the
9school grounds at the time the threat was made, and (iii) the
10threat could be reasonably interpreted as threatening to the
11safety and security of the threatened individual because of his
12or her duties or employment status or status as a student
13inside the school.
14 (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

SB2859- 29 -LRB099 16419 RLC 40752 b
1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10 (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13 (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A of
18this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program.
22 (h) School officials shall not advise or encourage students
23to drop out voluntarily due to behavioral or academic
24difficulties.
25 (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

SB2859- 30 -LRB099 16419 RLC 40752 b
1requiring a student to provide restitution for lost, stolen, or
2damaged property.
3 (j) Subsections (a) through (i) of this Section shall apply
4to elementary and secondary schools, charter schools, special
5charter districts, and school districts organized under
6Article 34 of this Code.
7(Source: P.A. 99-456, eff. 9-15-16.)
8 (105 ILCS 5/10-27.1A)
9 Sec. 10-27.1A. Firearms in schools.
10 (a) All school officials, including teachers, guidance
11counselors, and support staff, shall immediately notify the
12office of the principal in the event that they observe any
13person in possession of a firearm on school grounds; provided
14that taking such immediate action to notify the office of the
15principal would not immediately endanger the health, safety, or
16welfare of students who are under the direct supervision of the
17school official or the school official. If the health, safety,
18or welfare of students under the direct supervision of the
19school official or of the school official is immediately
20endangered, the school official shall notify the office of the
21principal as soon as the students under his or her supervision
22and he or she are no longer under immediate danger. A report is
23not required by this Section when the school official knows
24that the person in possession of the firearm is a law
25enforcement official engaged in the conduct of his or her

SB2859- 31 -LRB099 16419 RLC 40752 b
1official duties. Any school official acting in good faith who
2makes such a report under this Section shall have immunity from
3any civil or criminal liability that might otherwise be
4incurred as a result of making the report. The identity of the
5school official making such report shall not be disclosed
6except as expressly and specifically authorized by law.
7Knowingly and willfully failing to comply with this Section is
8a petty offense. A second or subsequent offense is a Class C
9misdemeanor.
10 (b) Upon receiving a report from any school official
11pursuant to this Section, or from any other person, the
12principal or his or her designee shall immediately notify a
13local law enforcement agency. If the person found to be in
14possession of a firearm on school grounds is a student, the
15principal or his or her designee shall also immediately notify
16that student's parent or guardian. Any principal or his or her
17designee acting in good faith who makes such reports under this
18Section shall have immunity from any civil or criminal
19liability that might otherwise be incurred or imposed as a
20result of making the reports. Knowingly and willfully failing
21to comply with this Section is a petty offense. A second or
22subsequent offense is a Class C misdemeanor. If the person
23found to be in possession of the firearm on school grounds is a
24minor, the law enforcement agency shall detain that minor until
25such time as the agency makes a determination pursuant to
26clause (a) of subsection (1) of Section 5-401 of the Juvenile

SB2859- 32 -LRB099 16419 RLC 40752 b
1Court Act of 1987, as to whether the agency reasonably believes
2that the minor is delinquent. If the law enforcement agency
3determines that probable cause exists to believe that the minor
4committed a violation of item (4) of subsection (a) of Section
524-1 of the Criminal Code of 2012 while on school grounds, the
6agency shall detain the minor for processing pursuant to
7Section 5-407 of the Juvenile Court Act of 1987.
8 (c) On or after January 1, 1997, upon receipt of any
9written, electronic, or verbal report from any school personnel
10regarding a verified incident involving a firearm in a school
11or on school owned or leased property, including any conveyance
12owned, leased, or used by the school for the transport of
13students or school personnel, the superintendent or his or her
14designee shall report all such firearm-related incidents
15occurring in a school or on school property to the local law
16enforcement authorities immediately and to the Department of
17State Police in a form, manner, and frequency as prescribed by
18the Department of State Police.
19 The State Board of Education shall receive an annual
20statistical compilation and related data associated with
21incidents involving firearms in schools from the Department of
22State Police. The State Board of Education shall compile this
23information by school district and make it available to the
24public.
25 (d) As used in this Section, the term "firearm" shall have
26the meaning ascribed to it in Section 1.1 of the Firearm Owners

SB2859- 33 -LRB099 16419 RLC 40752 b
1Identification Card and Certificate of Firearm Registration
2Act.
3 As used in this Section, the term "school" means any public
4or private elementary or secondary school.
5 As used in this Section, the term "school grounds" includes
6the real property comprising any school, any conveyance owned,
7leased, or contracted by a school to transport students to or
8from school or a school-related activity, or any public way
9within 1,000 feet of the real property comprising any school.
10(Source: P.A. 97-1150, eff. 1-25-13.)
11 (105 ILCS 5/34-8.05)
12 Sec. 34-8.05. Reporting firearms in schools. On or after
13January 1, 1997, upon receipt of any written, electronic, or
14verbal report from any school personnel regarding a verified
15incident involving a firearm in a school or on school owned or
16leased property, including any conveyance owned, leased, or
17used by the school for the transport of students or school
18personnel, the general superintendent or his or her designee
19shall report all such firearm-related incidents occurring in a
20school or on school property to the local law enforcement
21authorities no later than 24 hours after the occurrence of the
22incident and to the Department of State Police in a form,
23manner, and frequency as prescribed by the Department of State
24Police.
25 The State Board of Education shall receive an annual

SB2859- 34 -LRB099 16419 RLC 40752 b
1statistical compilation and related data associated with
2incidents involving firearms in schools from the Department of
3State Police. As used in this Section, the term "firearm" shall
4have the meaning ascribed to it in Section 1.1 of the Firearm
5Owners Identification Card and Certificate of Firearm
6Registration Act.
7(Source: P.A. 89-498, eff. 6-27-96.)
8 Section 30. The Illinois Explosives Act is amended by
9changing Section 2005 as follows:
10 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
11 Sec. 2005. Qualifications for licensure.
12 (a) No person shall qualify to hold a license who:
13 (1) is under 21 years of age;
14 (2) has been convicted in any court of a crime
15 punishable by imprisonment for a term exceeding one year;
16 (3) is under indictment for a crime punishable by
17 imprisonment for a term exceeding one year;
18 (4) is a fugitive from justice;
19 (5) is an unlawful user of or addicted to any
20 controlled substance as defined in Section 102 of the
21 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
22 seq.);
23 (6) has been adjudicated a person with a mental
24 disability as defined in Section 1.1 of the Firearm Owners

SB2859- 35 -LRB099 16419 RLC 40752 b
1 Identification Card and Certificate of Firearm
2 Registration Act; or
3 (7) is not a legal citizen of the United States.
4 (b) A person who has been granted a "relief from
5disabilities" regarding criminal convictions and indictments,
6pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
7845) may receive a license provided all other qualifications
8under this Act are met.
9(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
10 Section 35. The Mental Health and Developmental
11Disabilities Code is amended by changing Sections 6-103.1,
126-103.2, and 6-103.3 as follows:
13 (405 ILCS 5/6-103.1)
14 Sec. 6-103.1. Adjudication as a person with a mental
15disability. When a person has been adjudicated as a person with
16a mental disability as defined in Section 1.1 of the Firearm
17Owners Identification Card and Certificate of Firearm
18Registration Act, including, but not limited to, an
19adjudication as a person with a disability as defined in
20Section 11a-2 of the Probate Act of 1975, the court shall
21direct the circuit court clerk to notify the Department of
22State Police, Firearm Owner's Identification (FOID) Office, in
23a form and manner prescribed by the Department of State Police,
24and shall forward a copy of the court order to the Department

SB2859- 36 -LRB099 16419 RLC 40752 b
1no later than 7 days after the entry of the order. Upon receipt
2of the order, the Department of State Police shall provide
3notification to the National Instant Criminal Background Check
4System.
5(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
6 (405 ILCS 5/6-103.2)
7 Sec. 6-103.2. Developmental disability; notice. If a
8person 14 years old or older is determined to be a person with
9a developmental disability by a physician, clinical
10psychologist, or qualified examiner, the physician, clinical
11psychologist, or qualified examiner shall notify the
12Department of Human Services within 7 days of making the
13determination that the person has a developmental disability.
14The Department of Human Services shall immediately update its
15records and information relating to mental health and
16developmental disabilities, and if appropriate, shall notify
17the Department of State Police in a form and manner prescribed
18by the Department of State Police. Information disclosed under
19this Section shall remain privileged and confidential, and
20shall not be redisclosed, except as required under subsection
21(e) of Section 3.1 of the Firearm Owners Identification Card
22and Certificate of Firearm Registration Act, nor used for any
23other purpose. 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

SB2859- 37 -LRB099 16419 RLC 40752 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 For purposes of this Section, "developmental disability"
10"developmentally disabled" means a disability which is
11attributable to any other condition which results in impairment
12similar to that caused by an intellectual disability and which
13requires services similar to those required by intellectually
14disabled persons. The disability must originate before the age
15of 18 years, be expected to continue indefinitely, and
16constitute a substantial disability. This disability results,
17in the professional opinion of a physician, clinical
18psychologist, or qualified examiner, in significant functional
19limitations in 3 or more of the following areas of major life
20activity:
21 (i) self-care;
22 (ii) receptive and expressive language;
23 (iii) learning;
24 (iv) mobility; or
25 (v) self-direction.
26 "Determined to be a person with a developmental disability

SB2859- 38 -LRB099 16419 RLC 40752 b
1developmentally disabled by a physician, clinical
2psychologist, or qualified examiner" means in the professional
3opinion of the physician, clinical psychologist, or qualified
4examiner, a person is diagnosed, assessed, or evaluated as
5having a developmental disability to be developmentally
6disabled.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; revised 11-13-15.)
9 (405 ILCS 5/6-103.3)
10 Sec. 6-103.3. Clear and present danger; notice. If a person
11is determined to pose a clear and present danger to himself,
12herself, or to others by a physician, clinical psychologist, or
13qualified examiner, whether employed by the State, by any
14public or private mental health facility or part thereof, or by
15a law enforcement official or a school administrator, then the
16physician, clinical psychologist, qualified examiner shall
17notify the Department of Human Services and a law enforcement
18official or school administrator shall notify the Department of
19State Police, within 24 hours of making the determination that
20the person poses a clear and present danger. The Department of
21Human Services shall immediately update its records and
22information relating to mental health and developmental
23disabilities, and if appropriate, shall notify the Department
24of State Police in a form and manner prescribed by the
25Department of State Police. Information disclosed under this

SB2859- 39 -LRB099 16419 RLC 40752 b
1Section shall remain privileged and confidential, and shall not
2be redisclosed, except as required under subsection (e) of
3Section 3.1 of the Firearm Owners Identification Card and
4Certificate of Firearm Registration Act, nor used for any other
5purpose. The method of providing this information shall
6guarantee that the information is not released beyond that
7which is necessary for the purpose of this Section and shall be
8provided by rule by the Department of Human Services. The
9identity of the person reporting under this Section shall not
10be disclosed to the subject of the report. The physician,
11clinical psychologist, qualified examiner, law enforcement
12official, or school administrator making the determination and
13his or her employer shall not be held criminally, civilly, or
14professionally liable for making or not making the notification
15required under this Section, except for willful or wanton
16misconduct. This Section does not apply to a law enforcement
17official, if making the notification under this Section will
18interfere with an ongoing or pending criminal investigation.
19 For the purposes of this Section:
20 "Clear and present danger" has the meaning ascribed to
21 it in Section 1.1 of the Firearm Owners Identification Card
22 and Certificate of Firearm Registration Act.
23 "Determined to pose a clear and present danger to
24 himself, herself, or to others by a physician, clinical
25 psychologist, or qualified examiner" means in the
26 professional opinion of the physician, clinical

SB2859- 40 -LRB099 16419 RLC 40752 b
1 psychologist, or qualified examiner, a person poses a clear
2 and present danger.
3 "School administrator" means the person required to
4 report under the School Administrator Reporting of Mental
5 Health Clear and Present Danger Determinations Law.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
7 Section 40. The Lead Poisoning Prevention Act is amended by
8changing Section 2 as follows:
9 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
10 Sec. 2. Definitions. As used in this Act:
11 "Child care facility" means any structure used by a child
12care provider licensed by the Department of Children and Family
13Services or public or private school structure frequented by
14children 6 years of age or younger.
15 "Childhood Lead Risk Questionnaire" means the
16questionnaire developed by the Department for use by physicians
17and other health care providers to determine risk factors for
18children 6 years of age or younger residing in areas designated
19as low risk for lead exposure.
20 "Delegate agency" means a unit of local government or
21health department approved by the Department to carry out the
22provisions of this Act.
23 "Department" means the Department of Public Health.
24 "Director" means the Director of Public Health.

SB2859- 41 -LRB099 16419 RLC 40752 b
1 "Dwelling unit" means an individual unit within a
2residential building used as living quarters for one household.
3 "Elevated blood lead level" means a blood lead level in
4excess of those considered within the permissible limits as
5established under State and federal rules.
6 "Exposed surface" means any interior or exterior surface of
7a regulated facility.
8 "High risk area" means an area in the State determined by
9the Department to be high risk for lead exposure for children 6
10years of age or younger. The Department may consider, but is
11not limited to, the following factors to determine a high risk
12area: age and condition (using Department of Housing and Urban
13Development definitions of "slum" and "blighted") of housing,
14proximity to highway traffic or heavy local traffic or both,
15percentage of housing determined as rental or vacant, proximity
16to industry using lead, established incidence of elevated blood
17lead levels in children, percentage of population living below
18200% of federal poverty guidelines, and number of children
19residing in the area who are 6 years of age or younger.
20 "Lead abatement" means any approved work practices that
21will permanently eliminate lead exposure or remove the
22lead-bearing substances in a regulated facility. The
23Department shall establish by rule which work practices are
24approved or prohibited for lead abatement.
25 "Lead abatement contractor" means any person or entity
26licensed by the Department to perform lead abatement and

SB2859- 42 -LRB099 16419 RLC 40752 b
1mitigation.
2 "Lead abatement supervisor" means any person employed by a
3lead abatement contractor and licensed by the Department to
4perform lead abatement and lead mitigation and to supervise
5lead workers who perform lead abatement and lead mitigation.
6 "Lead abatement worker" means any person employed by a lead
7abatement contractor and licensed by the Department to perform
8lead abatement and mitigation.
9 "Lead activities" means the conduct of any lead services,
10including, lead inspection, lead risk assessment, lead
11mitigation, or lead abatement work or supervision in a
12regulated facility.
13 "Lead-bearing substance" means any item containing or
14coated with lead such that the lead content is more than
15six-hundredths of one percent (0.06%) lead by total weight; or
16any dust on surfaces or in furniture or other nonpermanent
17elements of the regulated facility; or any paint or other
18surface coating material containing more than five-tenths of
19one percent (0.5%) lead by total weight (calculated as lead
20metal) in the total non-volatile content of liquid paint; or
21lead-bearing substances containing greater than one milligram
22per square centimeter or any lower standard for lead content in
23residential paint as may be established by federal law or rule;
24or more than 1 milligram per square centimeter in the dried
25film of paint or previously applied substance; or item or dust
26on item containing lead in excess of the amount specified in

SB2859- 43 -LRB099 16419 RLC 40752 b
1the rules authorized by this Act or a lower standard for lead
2content as may be established by federal law or rule.
3"Lead-bearing substance" does not include firearm ammunition
4or components as defined by the Firearm Owners Identification
5Card and Certificate of Firearm Registration Act.
6 "Lead hazard" means a lead-bearing substance that poses an
7immediate health hazard to humans.
8 "Lead hazard screen" means a lead risk assessment that
9involves limited dust and paint sampling for lead-bearing
10substances and lead hazards. This service is used as a
11screening tool designed to determine if further lead
12investigative services are required for the regulated
13facility.
14 "Lead inspection" means a surface-by-surface investigation
15to determine the presence of lead-based paint.
16 "Lead inspector" means an individual who has been trained
17by a Department-approved training program and is licensed by
18the Department to conduct lead inspections; to sample for the
19presence of lead in paint, dust, soil, and water; and to
20conduct compliance investigations.
21 "Lead mitigation" means the remediation, in a manner
22described in Section 9, of a lead hazard so that the
23lead-bearing substance does not pose an immediate health hazard
24to humans.
25 "Lead poisoning" means the condition of having blood lead
26levels in excess of those considered safe under State and

SB2859- 44 -LRB099 16419 RLC 40752 b
1federal rules.
2 "Lead risk assessment" means an on-site investigation to
3determine the existence, nature, severity, and location of lead
4hazards. "Lead risk assessment" includes any lead sampling and
5visual assessment associated with conducting a lead risk
6assessment and lead hazard screen and all lead sampling
7associated with compliance investigations.
8 "Lead risk assessor" means an individual who has been
9trained by a Department-approved training program and is
10licensed by the Department to conduct lead risk assessments,
11lead inspections, and lead hazard screens; to sample for the
12presence of lead in paint, dust, soil, water, and sources for
13lead-bearing substances; and to conduct compliance
14investigations.
15 "Lead training program provider" means any person
16providing Department-approved lead training in Illinois to
17individuals seeking licensure in accordance with the Act.
18 "Low risk area" means an area in the State determined by
19the Department to be low risk for lead exposure for children 6
20years of age or younger. The Department may consider the
21factors named in "high risk area" to determine low risk areas.
22 "Owner" means any person, who alone, jointly, or severally
23with others:
24 (a) Has legal title to any regulated facility, with or
25 without actual possession of the regulated facility, or
26 (b) Has charge, care, or control of the regulated

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1 facility as owner or agent of the owner, or as executor,
2 administrator, trustee, or guardian of the estate of the
3 owner.
4 "Person" means any individual, partnership, firm, company,
5limited liability company, corporation, association, joint
6stock company, trust, estate, political subdivision, State
7agency, or any other legal entity, or their legal
8representative, agent, or assign.
9 "Regulated facility" means a residential building or child
10care facility.
11 "Residential building" means any room, group of rooms, or
12other interior areas of a structure designed or used for human
13habitation; common areas accessible by inhabitants; and the
14surrounding property or structures.
15(Source: P.A. 98-690, eff. 1-1-15.)
16 Section 45. The Firearm Owners Identification Card Act is
17amended by changing the title of the Act and by changing
18Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and 14 and by adding
19Section 3.4 as follows:
20 (430 ILCS 65/Act title)
21An Act relating to the acquisition, possession,
22registration, and transfer of firearms, firearm ammunition,
23stun guns, and tasers, to provide a penalty for the violation
24thereof and to make an appropriation in connection therewith.

SB2859- 46 -LRB099 16419 RLC 40752 b
1 (430 ILCS 65/0.01) (from Ch. 38, par. 83-0.1)
2 Sec. 0.01. Short title. This Act may be cited as the
3Firearm Owners Identification Card and Certificate of Firearm
4Registration Act.
5(Source: P.A. 86-1324.)
6 (430 ILCS 65/1) (from Ch. 38, par. 83-1)
7 Sec. 1. It is hereby declared as a matter of legislative
8determination that in order to promote and protect the health,
9safety and welfare of the public, it is necessary and in the
10public interest to provide a system of identifying persons who
11are not qualified to acquire or possess firearms, firearm
12ammunition, stun guns, and tasers within the State of Illinois
13by the establishment of a system of Firearm Owner's
14Identification Cards and firearm registration, thereby
15establishing a practical and workable system by which law
16enforcement authorities will be afforded an opportunity to
17identify those persons who are prohibited by Section 24-3.1 of
18the Criminal Code of 2012, from acquiring or possessing
19firearms and firearm ammunition and who are prohibited by this
20Act from acquiring stun guns and tasers, and to identify the
21ownership of firearms that have been recovered or seized as
22evidence.
23(Source: P.A. 97-1150, eff. 1-25-13.)

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1 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
2 Sec. 1.1. For purposes of this Act:
3 "Addicted to narcotics" means a person who has been:
4 (1) convicted of an offense involving the use or
5 possession of cannabis, a controlled substance, or
6 methamphetamine within the past year; or
7 (2) determined by the Department of State Police to be
8 addicted to narcotics based upon federal law or federal
9 guidelines.
10 "Addicted to narcotics" does not include possession or use
11of a prescribed controlled substance under the direction and
12authority of a physician or other person authorized to
13prescribe the controlled substance when the controlled
14substance is used in the prescribed manner.
15 "Adjudicated as a person with a mental disability" means
16the person is the subject of a determination by a court, board,
17commission or other lawful authority that the person, as a
18result of marked subnormal intelligence, or mental illness,
19mental impairment, incompetency, condition, or disease:
20 (1) presents a clear and present danger to himself,
21 herself, or to others;
22 (2) lacks the mental capacity to manage his or her own
23 affairs or is adjudicated a person with a disability as
24 defined in Section 11a-2 of the Probate Act of 1975;
25 (3) is not guilty in a criminal case by reason of
26 insanity, mental disease or defect;

SB2859- 48 -LRB099 16419 RLC 40752 b
1 (3.5) is guilty but mentally ill, as provided in
2 Section 5-2-6 of the Unified Code of Corrections;
3 (4) is incompetent to stand trial in a criminal case;
4 (5) is not guilty by reason of lack of mental
5 responsibility under Articles 50a and 72b of the Uniform
6 Code of Military Justice, 10 U.S.C. 850a, 876b;
7 (6) is a sexually violent person under subsection (f)
8 of Section 5 of the Sexually Violent Persons Commitment
9 Act;
10 (7) is a sexually dangerous person under the Sexually
11 Dangerous Persons Act;
12 (8) is unfit to stand trial under the Juvenile Court
13 Act of 1987;
14 (9) is not guilty by reason of insanity under the
15 Juvenile Court Act of 1987;
16 (10) is subject to involuntary admission as an
17 inpatient as defined in Section 1-119 of the Mental Health
18 and Developmental Disabilities Code;
19 (11) is subject to involuntary admission as an
20 outpatient as defined in Section 1-119.1 of the Mental
21 Health and Developmental Disabilities Code;
22 (12) is subject to judicial admission as set forth in
23 Section 4-500 of the Mental Health and Developmental
24 Disabilities Code; or
25 (13) is subject to the provisions of the Interstate
26 Agreements on Sexually Dangerous Persons Act.

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1 "Certificate of Firearm Registration" means a certificate
2issued by the Illinois Department of State Police under Section
33.4 of this Act.
4 "Clear and present danger" means a person who:
5 (1) communicates a serious threat of physical violence
6 against a reasonably identifiable victim or poses a clear
7 and imminent risk of serious physical injury to himself,
8 herself, or another person as determined by a physician,
9 clinical psychologist, or qualified examiner; or
10 (2) demonstrates threatening physical or verbal
11 behavior, such as violent, suicidal, or assaultive
12 threats, actions, or other behavior, as determined by a
13 physician, clinical psychologist, qualified examiner,
14 school administrator, or law enforcement official.
15 "Clinical psychologist" has the meaning provided in
16Section 1-103 of the Mental Health and Developmental
17Disabilities Code.
18 "Controlled substance" means a controlled substance or
19controlled substance analog as defined in the Illinois
20Controlled Substances Act.
21 "Counterfeit" means to copy or imitate, without legal
22authority, with intent to deceive.
23 disability
24 This disability results in the professional opinion of a
25physician, clinical psychologist, or qualified examiner, in
26significant functional limitations in 3 or more of the

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1following areas of major life activity:
2 (i) self-care;
3 (ii) receptive and expressive language;
4 (iii) learning;
5 (iv) mobility; or
6 (v) self-direction.
7 "Federally licensed firearm dealer" means a person who is
8licensed as a federal firearms dealer under Section 923 of the
9federal Gun Control Act of 1968 (18 U.S.C. 923).
10 "Firearm" means any device, by whatever name known, which
11is designed to expel a projectile or projectiles by the action
12of an explosion, expansion of gas or escape of gas; excluding,
13however:
14 (1) any pneumatic gun, spring gun, paint ball gun, or
15 B-B gun which expels a single globular projectile not
16 exceeding .18 inch in diameter or which has a maximum
17 muzzle velocity of less than 700 feet per second;
18 (1.1) any pneumatic gun, spring gun, paint ball gun, or
19 B-B gun which expels breakable paint balls containing
20 washable marking colors;
21 (2) any device used exclusively for signalling or
22 safety and required or recommended by the United States
23 Coast Guard or the Interstate Commerce Commission;
24 (3) any device used exclusively for the firing of stud
25 cartridges, explosive rivets or similar industrial
26 ammunition; and

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1 (4) an antique firearm (other than a machine-gun)
2 which, although designed as a weapon, the Department of
3 State Police finds by reason of the date of its
4 manufacture, value, design, and other characteristics is
5 primarily a collector's item and is not likely to be used
6 as a weapon.
7 "Firearm ammunition" means any self-contained cartridge or
8shotgun shell, by whatever name known, which is designed to be
9used or adaptable to use in a firearm; excluding, however:
10 (1) any ammunition exclusively designed for use with a
11 device used exclusively for signalling or safety and
12 required or recommended by the United States Coast Guard or
13 the Interstate Commerce Commission; and
14 (2) any ammunition designed exclusively for use with a
15 stud or rivet driver or other similar industrial
16 ammunition.
17 "Gun show" means an event or function:
18 (1) at which the sale and transfer of firearms is the
19 regular and normal course of business and where 50 or more
20 firearms are displayed, offered, or exhibited for sale,
21 transfer, or exchange; or
22 (2) at which not less than 10 gun show vendors display,
23 offer, or exhibit for sale, sell, transfer, or exchange
24 firearms.
25 "Gun show" includes the entire premises provided for an
26event or function, including parking areas for the event or

SB2859- 52 -LRB099 16419 RLC 40752 b
1function, that is sponsored to facilitate the purchase, sale,
2transfer, or exchange of firearms as described in this Section.
3Nothing in this definition shall be construed to exclude a gun
4show held in conjunction with competitive shooting events at
5the World Shooting Complex sanctioned by a national governing
6body in which the sale or transfer of firearms is authorized
7under subparagraph (5) of paragraph (g) of subsection (A) of
8Section 24-3 of the Criminal Code of 2012.
9 Unless otherwise expressly stated, "gun show" does not
10include training or safety classes, competitive shooting
11events, such as rifle, shotgun, or handgun matches, trap,
12skeet, or sporting clays shoots, dinners, banquets, raffles, or
13any other event where the sale or transfer of firearms is not
14the primary course of business.
15 "Gun show promoter" means a person who organizes or
16operates a gun show.
17 "Gun show vendor" means a person who exhibits, sells,
18offers for sale, transfers, or exchanges any firearms at a gun
19show, regardless of whether the person arranges with a gun show
20promoter for a fixed location from which to exhibit, sell,
21offer for sale, transfer, or exchange any firearm.
22 "Involuntarily admitted" has the meaning as prescribed in
23Sections 1-119 and 1-119.1 of the Mental Health and
24Developmental Disabilities Code.
25 "Mental health facility" means any licensed private
26hospital or hospital affiliate, institution, or facility, or

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1part thereof, and any facility, or part thereof, operated by
2the State or a political subdivision thereof which provide
3treatment of persons with mental illness and includes all
4hospitals, institutions, clinics, evaluation facilities,
5mental health centers, colleges, universities, long-term care
6facilities, and nursing homes, or parts thereof, which provide
7treatment of persons with mental illness whether or not the
8primary purpose is to provide treatment of persons with mental
9illness.
10 "National governing body" means a group of persons who
11adopt rules and formulate policy on behalf of a national
12firearm sporting organization.
13 "Patient" means:
14 (1) a person who voluntarily receives mental health
15 treatment as an in-patient or resident of any public or
16 private mental health facility, unless the treatment was
17 solely for an alcohol abuse disorder and no other secondary
18 substance abuse disorder or mental illness; or
19 (2) a person who voluntarily receives mental health
20 treatment as an out-patient or is provided services by a
21 public or private mental health facility, and who poses a
22 clear and present danger to himself, herself, or to others.
23 "Person with a developmental disability" means a person
24with a disability which is attributable to any other condition
25which results in impairment similar to that caused by an
26intellectual disability and which requires services similar to

SB2859- 54 -LRB099 16419 RLC 40752 b
1those required by persons with intellectual disabilities. The
2disability must originate before the age of 18 years, be
3expected to continue indefinitely, and constitute a
4substantial disability. This disability results, in the
5professional opinion of a physician, clinical psychologist, or
6qualified examiner, in significant functional limitations in 3
7or more of the following areas of major life activity:
8 (i) self-care;
9 (ii) receptive and expressive language;
10 (iii) learning;
11 (iv) mobility; or
12 (v) self-direction.
13 "Person with an intellectual disability" means a person
14with a significantly subaverage general intellectual
15functioning which exists concurrently with impairment in
16adaptive behavior and which originates before the age of 18
17years.
18 "Physician" has the meaning as defined in Section 1-120 of
19the Mental Health and Developmental Disabilities Code.
20 "Qualified examiner" has the meaning provided in Section
211-122 of the Mental Health and Developmental Disabilities Code.
22 "Sanctioned competitive shooting event" means a shooting
23contest officially recognized by a national or state shooting
24sport association, and includes any sight-in or practice
25conducted in conjunction with the event.
26 "School administrator" means the person required to report

SB2859- 55 -LRB099 16419 RLC 40752 b
1under the School Administrator Reporting of Mental Health Clear
2and Present Danger Determinations Law.
3 "Stun gun or taser" has the meaning ascribed to it in
4Section 24-1 of the Criminal Code of 2012.
5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
6eff. 7-27-15; revised 10-20-15.)
7 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
8 Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Department of State Police under the provisions of this Act; or
15(2) a currently valid license to carry a concealed firearm
16which has previously been issued in his or her name by the
17Department of State Police under the Firearm Concealed Carry
18Act. In addition, all firearm, stun gun, and taser transfers by
19federally licensed firearm dealers are subject to Section 3.1.
20In addition, the transferor and transferee of a firearm shall
21be subject to Section 3.4 of this Act regardless of whether the
22transferor is a federally licensed firearm dealer.
23 (a-5) Any person who is not a federally licensed firearm
24dealer and who desires to transfer or sell a firearm while that
25person is on the grounds of a gun show must, before selling or

SB2859- 56 -LRB099 16419 RLC 40752 b
1transferring the firearm, request the Department of State
2Police to conduct a background check on the prospective
3recipient of the firearm in accordance with Section 3.1.
4Whenever a person who is exempt from Section 3.4 of this Act
5transfers a firearm to a person who is not exempt, the
6transferor shall notify the Department of State Police of the
7transfer, on a form or in a manner prescribed by the
8Department, within 10 days after the transfer.
9 (a-10) Notwithstanding item (2) of subsection (a) of this
10Section, any person who is not a federally licensed firearm
11dealer and who desires to transfer or sell a firearm or
12firearms to any person who is not a federally licensed firearm
13dealer shall, before selling or transferring the firearms,
14contact the Department of State Police with the transferee's or
15purchaser's Firearm Owner's Identification Card number to
16determine the validity of the transferee's or purchaser's
17Firearm Owner's Identification Card. This subsection shall not
18be effective until January 1, 2014. The Department of State
19Police may adopt rules concerning the implementation of this
20subsection. The Department of State Police shall provide the
21seller or transferor an approval number if the purchaser's
22Firearm Owner's Identification Card is valid. Approvals issued
23by the Department for the purchase of a firearm pursuant to
24this subsection are valid for 30 days from the date of issue.
25 (a-15) The provisions of subsection (a-10) of this Section
26do not apply to:

SB2859- 57 -LRB099 16419 RLC 40752 b
1 (1) transfers that occur at the place of business of a
2 federally licensed firearm dealer, if the federally
3 licensed firearm dealer conducts a background check on the
4 prospective recipient of the firearm in accordance with
5 Section 3.1 of this Act and follows all other applicable
6 federal, State, and local laws as if he or she were the
7 seller or transferor of the firearm, although the dealer is
8 not required to accept the firearm into his or her
9 inventory. The purchaser or transferee may be required by
10 the federally licensed firearm dealer to pay a fee not to
11 exceed $10 per firearm, which the dealer may retain as
12 compensation for performing the functions required under
13 this paragraph, plus the applicable fees authorized by
14 Section 3.1;
15 (2) transfers as a bona fide gift to the transferor's
16 husband, wife, son, daughter, stepson, stepdaughter,
17 father, mother, stepfather, stepmother, brother, sister,
18 nephew, niece, uncle, aunt, grandfather, grandmother,
19 grandson, granddaughter, father-in-law, mother-in-law,
20 son-in-law, or daughter-in-law;
21 (3) transfers by persons acting pursuant to operation
22 of law or a court order;
23 (4) transfers on the grounds of a gun show under
24 subsection (a-5) of this Section;
25 (5) the delivery of a firearm by its owner to a
26 gunsmith for service or repair, the return of the firearm

SB2859- 58 -LRB099 16419 RLC 40752 b
1 to its owner by the gunsmith, or the delivery of a firearm
2 by a gunsmith to a federally licensed firearms dealer for
3 service or repair and the return of the firearm to the
4 gunsmith;
5 (6) temporary transfers that occur while in the home of
6 the unlicensed transferee, if the unlicensed transferee is
7 not otherwise prohibited from possessing firearms and the
8 unlicensed transferee reasonably believes that possession
9 of the firearm is necessary to prevent imminent death or
10 great bodily harm to the unlicensed transferee;
11 (7) transfers to a law enforcement or corrections
12 agency or a law enforcement or corrections officer acting
13 within the course and scope of his or her official duties;
14 (8) transfers of firearms that have been rendered
15 permanently inoperable to a nonprofit historical society,
16 museum, or institutional collection; and
17 (9) transfers to a person who is exempt from the
18 requirement of possessing a Firearm Owner's Identification
19 Card under Section 2 of this Act.
20 (a-20) The Department of State Police shall develop an
21Internet-based system for individuals to determine the
22validity of a Firearm Owner's Identification Card prior to the
23sale or transfer of a firearm. The Department shall have the
24Internet-based system completed and available for use by July
251, 2015. The Department shall adopt rules not inconsistent with
26this Section to implement this system.

SB2859- 59 -LRB099 16419 RLC 40752 b
1 (b) Any person within this State who transfers or causes to
2be transferred any firearm, stun gun, or taser shall keep a
3record of such transfer for a period of 10 years from the date
4of transfer. Such record shall contain the date of the
5transfer; the description, serial number or other information
6identifying the firearm, stun gun, or taser if no serial number
7is available; and, if the transfer was completed within this
8State, the transferee's Firearm Owner's Identification Card
9number and any approval number or documentation provided by the
10Department of State Police pursuant to subsection (a-10) of
11this Section. On or after January 1, 2006, the record shall
12contain the date of application for transfer of the firearm. On
13demand of a peace officer such transferor shall produce for
14inspection such record of transfer. If the transfer or sale
15took place at a gun show, the record shall include the unique
16identification number. Failure to record the unique
17identification number or approval number is a petty offense.
18 (b-5) Any resident may purchase ammunition from a person
19within or outside of Illinois if shipment is by United States
20mail or by a private express carrier authorized by federal law
21to ship ammunition. Any resident purchasing ammunition within
22or outside the State of Illinois must provide the seller with a
23copy of his or her valid Firearm Owner's Identification Card or
24valid concealed carry license and either his or her Illinois
25driver's license or Illinois State Identification Card prior to
26the shipment of the ammunition. The ammunition may be shipped

SB2859- 60 -LRB099 16419 RLC 40752 b
1only to an address on either of those 2 documents.
2 (c) The provisions of this Section regarding the transfer
3of firearm ammunition shall not apply to those persons
4specified in paragraph (b) of Section 2 of this Act.
5(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
6 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
7 Sec. 3.1. Dial up system.
8 (a) The Department of State Police shall provide a dial up
9telephone system or utilize other existing technology which
10shall be used by any federally licensed firearm dealer, gun
11show promoter, or gun show vendor who is to transfer a firearm,
12stun gun, or taser under the provisions of this Act. The
13Department of State Police may utilize existing technology
14which allows the caller to be charged a fee not to exceed $2.
15Fees collected by the Department of State Police shall be
16deposited in the State Police Services Fund and used to provide
17the service.
18 (b) Upon receiving a request from a federally licensed
19firearm dealer, gun show promoter, or gun show vendor, the
20Department of State Police shall immediately approve, or within
21the time period established by Section 24-3 of the Criminal
22Code of 2012 regarding the delivery of firearms, stun guns, and
23tasers notify the inquiring dealer, gun show promoter, or gun
24show vendor of any objection that would disqualify the
25transferee from acquiring or possessing a firearm, stun gun, or

SB2859- 61 -LRB099 16419 RLC 40752 b
1taser. In conducting the inquiry, the Department of State
2Police shall initiate and complete an automated search of its
3criminal history record information files and those of the
4Federal Bureau of Investigation, including the National
5Instant Criminal Background Check System, and of the files of
6the Department of Human Services relating to mental health and
7developmental disabilities to obtain any felony conviction or
8patient hospitalization information which would disqualify a
9person from obtaining or require revocation of a currently
10valid Firearm Owner's Identification Card.
11 (c) If receipt of a firearm would not violate Section 24-3
12of the Criminal Code of 2012, federal law, or this Act the
13Department of State Police shall:
14 (1) assign a unique identification number to the
15 transfer; and
16 (2) provide the licensee, gun show promoter, or gun
17 show vendor with the number.
18 (d) Approvals issued by the Department of State Police for
19the purchase of a firearm are valid for 30 days from the date
20of issue.
21 (e) (1) The Department of State Police must act as the
22Illinois Point of Contact for the National Instant Criminal
23Background Check System.
24 (2) The Department of State Police and the Department of
25Human Services shall, in accordance with State and federal law
26regarding confidentiality, enter into a memorandum of

SB2859- 62 -LRB099 16419 RLC 40752 b
1understanding with the Federal Bureau of Investigation for the
2purpose of implementing the National Instant Criminal
3Background Check System in the State. The Department of State
4Police shall report the name, date of birth, and physical
5description of any person prohibited from possessing a firearm
6pursuant to the Firearm Owners Identification Card and
7Certificate of Firearm Registration Act or 18 U.S.C. 922(g) and
8(n) to the National Instant Criminal Background Check System
9Index, Denied Persons Files. The Department of State Police
10shall implement a program to distribute grant moneys, with
11funds appropriated for that purpose, to units of local
12government to facilitate participation in the National Instant
13Criminal Background Check System by their enforcement
14agencies.
15 (3) The Department of State Police shall provide notice of
16the disqualification of a person under subsection (b) of this
17Section or the revocation of a person's Firearm Owner's
18Identification Card under Section 8 of this Act, and the reason
19for the disqualification or revocation, to all law enforcement
20agencies with jurisdiction to assist with the seizure of the
21person's Firearm Owner's Identification Card.
22 (f) The Department of State Police shall adopt rules not
23inconsistent with this Section to implement this system.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
25 (430 ILCS 65/3.4 new)

SB2859- 63 -LRB099 16419 RLC 40752 b
1 Sec. 3.4. Certificate of Firearm Registration.
2 (a) No person shall transport or possess a firearm in this
3State without a Certificate of Firearm Registration issued for
4that firearm by the Department of State Police.
5 (b) The provisions of this Section requiring the issuance
6of certificates of firearm registration do not apply to the
7following persons:
8 (1) any person who is exempt from the Firearm Owner's
9 Identification Card requirements of this Act under
10 subsection (b) of Section 2 of this Act;
11 (2) any person who is exempt from the Firearm Owner's
12 Identification Card requirements of this Act under
13 subsection (c) of Section 2 of this Act; and
14 (3) a federally licensed firearm dealer holding a new
15 firearm for transfer or sale.
16 (c) An applicant for an original or transferred certificate
17of firearm registration shall submit an application to the
18Department, prepared and furnished at convenient locations
19throughout the State or by electronic means. The application
20shall request the following information from the applicant:
21 (1) the applicant's name, address, and telephone
22 number;
23 (2) a copy of the applicant's Illinois Firearm Owner's
24 Identification Card;
25 (3) the name of the manufacturer, the caliber or gauge,
26 the model, the type, and the serial number identification

SB2859- 64 -LRB099 16419 RLC 40752 b
1 of the firearm to be registered;
2 (4) the source from which the firearm was obtained,
3 including the name and address of the source;
4 (5) the date the firearm was acquired;
5 (6) any other information that the Department shall
6 find reasonably necessary or desirable to effectuate the
7 purposes of this Act and to arrive at a fair determination
8 as to whether the terms of this Act have been complied
9 with; and
10 (7) an affidavit signed by the applicant certifying
11 that the applicant:
12 (A) possesses a valid Firearm Owner's
13 Identification Card;
14 (B) as of the date of application, would still be
15 eligible to receive from the Department a Firearm
16 Owner's Identification Card.
17 (d) Any person who transports or possesses a firearm
18without a current Certificate of Firearm Registration is guilty
19of a Class 2 felony. Any person who knowingly enters false or
20misleading information or who submits false or misleading
21evidence in connection with the application described in
22subsection (c) of this Section is guilty of a Class 2 felony.
23Any person who knows or should know that his or her registered
24firearm is lost, stolen, missing, or destroyed but does not
25report that occurrence to local law enforcement is guilty of a
26Class A misdemeanor.

SB2859- 65 -LRB099 16419 RLC 40752 b
1 (e) The Department shall issue an original or transferred
2certificate of registration or shall issue a written denial of
3the application within 30 days after the application is
4received.
5 (f) Except as provided in subsection (g) of this Section, a
6nonrefundable application fee of $65 shall be payable for each
7original or transferred Certificate of Firearm Registration.
8All moneys received from this $65 fee shall be deposited as
9follows:
10 (1) $25 to the Department for the administration of
11 firearm registration;
12 (2) $20 to the Illinois LEADS Information and
13 Technology Improvement Fund; and
14 (3) $20 to the National Instant Criminal Background
15 Check System Improvement Fund.
16 (g) A nonrefundable application fee of $33 shall be payable
17for each original or transferred Certificate of Firearm
18Registration submitted to the Department within 90 days after
19the effective date of this amendatory Act of the 99th General
20Assembly. All moneys received from this $33 fee shall be
21deposited as follows:
22 (1) $11 to the Department for the administration of
23 firearm registration;
24 (2) $11 to the Illinois LEADS Information and
25 Technology Improvement Fund; and
26 (3) $11 to the National Instant Criminal Background

SB2859- 66 -LRB099 16419 RLC 40752 b
1 Check System Improvement Fund.
2 (h) A nonrefundable fee of $10 shall be payable for each
3duplicate or replacement Certificate of Firearm Registration.
4All moneys received this $10 fee shall be deposited with the
5Department for the administration of firearm registration.
6 (i) Certificates of Firearm Registration shall expire
7every 5 years. The fee for renewal of a Certificate of Firearm
8Registration is $25. All moneys received from this $25 fee
9shall be deposited with the Department for the administration
10of firearm registration.
11 (j) Every person issued a Certificate of Firearm
12Registration shall notify local law enforcement within 72 hours
13of any of the following events:
14 (1) the destruction of his or her firearm, or when the
15 person knows, or should have known, that his or her firearm
16 is lost, stolen, or otherwise missing;
17 (2) the loss, theft, or destruction of the certificate
18 of firearm registration within 72 hours of the discovery of
19 the loss, theft, or destruction.
20 (j-5) Every person issued a Certificate of Firearm
21Registration shall notify the Department in a manner prescribed
22by the Department within 72 hours of any of the following
23events:
24 (1) a change in any of the information appearing on the
25 Certificate of Firearm Registration;
26 (2) the sale, transfer, inheritance, or other

SB2859- 67 -LRB099 16419 RLC 40752 b
1 disposition of the registered firearm not less than 48
2 hours prior to delivery.
3 (k) Every person issued a Certificate of Firearm
4Registration, in addition to any other requirements of this
5Section, shall immediately return to the Department his or her
6copy of the Certificate of Firearm Registration for any firearm
7which is lost, stolen, destroyed, or otherwise disposed of.
8 (l) If an owner transfers ownership of a firearm, he or she
9shall execute to the transferee, at the time of the delivery of
10the firearm, an assignment of registration in the space
11provided on the Certificate of Firearm Registration, and shall
12cause the certificate and assignment to be delivered to the
13transferee.
14 (l-5) In the case of a federally licensed firearm dealer
15making a sale of a new firearm, the dealer shall submit the
16application described in subsection (c) along with the required
17fee to the Department on the purchaser's behalf within 20 days
18from the date of sale. If the purchaser does not receive an
19original Certificate of Firearm Registration or a written
20denial of the application submitted on his or her behalf by the
21dealer within 50 days from the date of purchase, the purchaser
22shall inquire to the Department regarding the status of his or
23her application.
24 (m) Within 20 days after the delivery to a transferee of a
25firearm or the delivery of the certificate and assignment,
26whichever occurs sooner, the transferee shall execute the

SB2859- 68 -LRB099 16419 RLC 40752 b
1application for a new Certificate of Firearm Registration in
2the space provided on the Certificate and cause the Certificate
3and application to be mailed or delivered to the Department.
4 (n) No transferee shall knowingly accept ownership of a
5firearm from a transferor who has failed to obtain a
6Certificate of Firearm Registration in violation of this
7Section, or who fails to execute an assignment of registration
8to the transferee as required by subsection (l) of this
9Section.
10 (o) Any person who accepts delivery of a firearm that has
11not been previously registered and assigned to the transferee
12shall file an application for an original certificate of
13firearm registration within 20 days after taking possession of
14the firearm. Any person who owns a firearm on the effective
15date of this amendatory Act of the 99th General Assembly shall
16file an application for an original certificate of firearm
17registration not later than 90 days after the effective date of
18this amendatory Act of the 99th General Assembly.
19 (p) Transfer of ownership of a registered firearm shall not
20be considered complete until the transferee has complied with
21subsection (m) of this Section, provided that a transferor who
22has complied with subsections (j) and (l) of this Section, and
23has complied with the requirements of Section 3 and 3.1, if
24applicable, shall not be liable as an owner by virtue of the
25transferee's failure to comply with subsection (m) for damages
26arising out of use of the firearm.

SB2859- 69 -LRB099 16419 RLC 40752 b
1 (q) The Department has authority to deny an application for
2or to revoke and seize a Certificate of Firearm Registration
3previously issued under this Section if the Department finds
4that:
5 (1) the person does not possess a valid Firearm Owner's
6 Identification Card;
7 (2) false or misleading information was submitted to
8 the Department in connection with the application; or
9 (3) the firearm is unlawful for the applicant to own.
10 (r) The Department of State Police and local law
11enforcement may exchange any information that is necessary for
12the proper administration of this Section unless the exchange
13is specifically prohibited by State or federal law.
14 (s) Whenever an application for a certificate of firearm
15registration is denied, whenever the Department fails to act on
16an application within 30 days of its receipt, or whenever a
17certificate is revoked or seized, the aggrieved party may
18appeal to the Director of the Department of State Police for a
19hearing upon the denial, revocation or seizure, unless the
20denial, revocation, or seizure was based upon a forcible
21felony, stalking, aggravated stalking, domestic battery, any
22violation of the Illinois Controlled Substances Act, the
23Methamphetamine Control and Community Protection Act, or the
24Cannabis Control Act that is classified as a Class 2 or greater
25felony, any felony violation of Article 24 of the Criminal Code
26of 2012, or any adjudication as a delinquent minor for the

SB2859- 70 -LRB099 16419 RLC 40752 b
1commission of an offense that if committed by an adult would be
2a felony, in which case the aggrieved party may petition the
3circuit court in writing in the county of his or her residence
4for a hearing upon the denial, revocation, or seizure.
5 (1) At least 30 days before any hearing in the circuit
6 court, the petitioner shall serve the relevant State's
7 Attorney with a copy of the petition. The State's Attorney
8 may object to the petition and present evidence. At the
9 hearing the court shall determine whether substantial
10 justice has been done. Should the court determine that
11 substantial justice has not been done, the court shall
12 issue an order directing the Department of State Police to
13 issue a certificate.
14 (2) Any person prohibited from possessing a firearm
15 under Sections 24-1.1 or 24-3.1 of the Criminal Code of
16 2012 or acquiring a Certificate of Firearm Registration
17 under Section 3.4 of the Act may apply to the Director of
18 State Police or petition the circuit court in the county
19 where the petitioner resides, whichever is applicable in
20 accordance with this subsection (s), requesting relief
21 from the prohibition and the Director or court may grant
22 the relief if it is established by the applicant to the
23 court's or Director's satisfaction that:
24 (A) when in the circuit court, the State's Attorney
25 has been served with a written copy of the petition at
26 least 30 days before the hearing in the circuit court

SB2859- 71 -LRB099 16419 RLC 40752 b
1 and at the hearing the State's Attorney was afforded an
2 opportunity to present evidence and object to the
3 petition;
4 (B) the applicant has not been convicted of a
5 forcible felony under the laws of this State or any
6 other jurisdiction within 20 years of the applicant's
7 application for a Firearm Owner's Identification Card,
8 or at least 20 years have passed since the end of any
9 period of imprisonment imposed in relation to that
10 conviction;
11 (C) the circumstances regarding a criminal
12 conviction, where applicable, the applicant's criminal
13 history and his or her reputation are such that the
14 applicant will not be likely to act in a manner
15 dangerous to public safety; and
16 (D) granting relief would not be contrary to the
17 public interest.
18 (3) When a minor is adjudicated delinquent for an
19 offense which if committed by an adult would be a felony,
20 the court shall notify the Department of State Police.
21 (4) The court shall review the denial of an application
22 or the revocation of a Certificate of Firearm Registration
23 of a person who has been adjudicated delinquent for an
24 offense that if committed by an adult would be a felony if
25 an application for relief has been filed at least 10 years
26 after the adjudication of delinquency and the court

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1 determines that the applicant should be granted relief from
2 disability to obtain a certificate of firearm
3 registration. If the court grants relief, the court shall
4 notify the Department of State Police that the disability
5 has been removed and that the applicant is eligible to
6 obtain a Certificate of Firearm Registration.
7 (5) Any person who is prohibited from possessing a
8 firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
9 federal Gun Control Act of 1968 may apply to the Department
10 of State Police requesting relief from the prohibition and
11 the Director shall grant the relief if it is established to
12 the Director's satisfaction that the person will not be
13 likely to act in a manner dangerous to public safety and
14 granting relief would not be contrary to the public
15 interest.
16 (t) Notwithstanding any other provision of law, including
17the Freedom of Information Act, it is the public policy of this
18State that the names and information of people who have applied
19for or received certificates of firearm registration under this
20Section are considered private and shall not be disclosed. No
21State or local law enforcement agency shall provide the names
22and information of holders of or applicants for Certificates of
23Firearm Registration, except that the Department may provide
24confirmation that an individual has or has not been issued,
25applied for, or denied a Certificate of Firearm Registration in
26connection with a criminal investigation.

SB2859- 73 -LRB099 16419 RLC 40752 b
1 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
2 Sec. 4. (a) Each applicant for a Firearm Owner's
3Identification Card must:
4 (1) Make application on blank forms prepared and
5 furnished at convenient locations throughout the State by
6 the Department of State Police, or by electronic means, if
7 and when made available by the Department of State Police;
8 and
9 (2) Submit evidence to the Department of State Police
10 that:
11 (i) He or she is 21 years of age or over, or if he
12 or she is under 21 years of age that he or she has the
13 written consent of his or her parent or legal guardian
14 to possess and acquire firearms and firearm ammunition
15 and that he or she has never been convicted of a
16 misdemeanor other than a traffic offense or adjudged
17 delinquent, provided, however, that such parent or
18 legal guardian is not an individual prohibited from
19 having a Firearm Owner's Identification Card and files
20 an affidavit with the Department as prescribed by the
21 Department stating that he or she is not an individual
22 prohibited from having a Card;
23 (ii) He or she has not been convicted of a felony
24 under the laws of this or any other jurisdiction;
25 (iii) He or she is not addicted to narcotics;

SB2859- 74 -LRB099 16419 RLC 40752 b
1 (iv) He or she has not been a patient in a mental
2 health facility within the past 5 years or, if he or
3 she has been a patient in a mental health facility more
4 than 5 years ago submit the certification required
5 under subsection (u) of Section 8 of this Act;
6 (v) He or she is not a person with an intellectual
7 disability;
8 (vi) He or she is not an alien who is unlawfully
9 present in the United States under the laws of the
10 United States;
11 (vii) He or she is not subject to an existing order
12 of protection prohibiting him or her from possessing a
13 firearm;
14 (viii) He or she has not been convicted within the
15 past 5 years of battery, assault, aggravated assault,
16 violation of an order of protection, or a substantially
17 similar offense in another jurisdiction, in which a
18 firearm was used or possessed;
19 (ix) He or she has not been convicted of domestic
20 battery, aggravated domestic battery, or a
21 substantially similar offense in another jurisdiction
22 committed before, on or after January 1, 2012 (the
23 effective date of Public Act 97-158). If the applicant
24 knowingly and intelligently waives the right to have an
25 offense described in this clause (ix) tried by a jury,
26 and by guilty plea or otherwise, results in a

SB2859- 75 -LRB099 16419 RLC 40752 b
1 conviction for an offense in which a domestic
2 relationship is not a required element of the offense
3 but in which a determination of the applicability of 18
4 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
5 Code of Criminal Procedure of 1963, an entry by the
6 court of a judgment of conviction for that offense
7 shall be grounds for denying the issuance of a Firearm
8 Owner's Identification Card under this Section;
9 (x) (Blank);
10 (xi) He or she is not an alien who has been
11 admitted to the United States under a non-immigrant
12 visa (as that term is defined in Section 101(a)(26) of
13 the Immigration and Nationality Act (8 U.S.C.
14 1101(a)(26))), or that he or she is an alien who has
15 been lawfully admitted to the United States under a
16 non-immigrant visa if that alien is:
17 (1) admitted to the United States for lawful
18 hunting or sporting purposes;
19 (2) an official representative of a foreign
20 government who is:
21 (A) accredited to the United States
22 Government or the Government's mission to an
23 international organization having its
24 headquarters in the United States; or
25 (B) en route to or from another country to
26 which that alien is accredited;

SB2859- 76 -LRB099 16419 RLC 40752 b
1 (3) an official of a foreign government or
2 distinguished foreign visitor who has been so
3 designated by the Department of State;
4 (4) a foreign law enforcement officer of a
5 friendly foreign government entering the United
6 States on official business; or
7 (5) one who has received a waiver from the
8 Attorney General of the United States pursuant to
9 18 U.S.C. 922(y)(3);
10 (xii) He or she is not a minor subject to a
11 petition filed under Section 5-520 of the Juvenile
12 Court Act of 1987 alleging that the minor is a
13 delinquent minor for the commission of an offense that
14 if committed by an adult would be a felony;
15 (xiii) He or she is not an adult who had been
16 adjudicated a delinquent minor under the Juvenile
17 Court Act of 1987 for the commission of an offense that
18 if committed by an adult would be a felony;
19 (xiv) He or she is a resident of the State of
20 Illinois;
21 (xv) He or she has not been adjudicated as a person
22 with a mental disability;
23 (xvi) He or she has not been involuntarily admitted
24 into a mental health facility; and
25 (xvii) He or she is not a person with a
26 developmental disability; and

SB2859- 77 -LRB099 16419 RLC 40752 b
1 (3) Upon request by the Department of State Police,
2 sign a release on a form prescribed by the Department of
3 State Police waiving any right to confidentiality and
4 requesting the disclosure to the Department of State Police
5 of limited mental health institution admission information
6 from another state, the District of Columbia, any other
7 territory of the United States, or a foreign nation
8 concerning the applicant for the sole purpose of
9 determining whether the applicant is or was a patient in a
10 mental health institution and disqualified because of that
11 status from receiving a Firearm Owner's Identification
12 Card. No mental health care or treatment records may be
13 requested. The information received shall be destroyed
14 within one year of receipt.
15 (a-5) Each applicant for a Firearm Owner's Identification
16Card who is over the age of 18 shall furnish to the Department
17of State Police either his or her Illinois driver's license
18number or Illinois Identification Card number, except as
19provided in subsection (a-10).
20 (a-10) Each applicant for a Firearm Owner's Identification
21Card, who is employed as a law enforcement officer, an armed
22security officer in Illinois, or by the United States Military
23permanently assigned in Illinois and who is not an Illinois
24resident, shall furnish to the Department of State Police his
25or her driver's license number or state identification card
26number from his or her state of residence. The Department of

SB2859- 78 -LRB099 16419 RLC 40752 b
1State Police may adopt rules to enforce the provisions of this
2subsection (a-10).
3 (a-15) If an applicant applying for a Firearm Owner's
4Identification Card moves from the residence address named in
5the application, he or she shall immediately notify in a form
6and manner prescribed by the Department of State Police of that
7change of address.
8 (a-20) Each applicant for a Firearm Owner's Identification
9Card shall furnish to the Department of State Police his or her
10photograph. An applicant who is 21 years of age or older
11seeking a religious exemption to the photograph requirement
12must furnish with the application an approved copy of United
13States Department of the Treasury Internal Revenue Service Form
144029. In lieu of a photograph, an applicant regardless of age
15seeking a religious exemption to the photograph requirement
16shall submit fingerprints on a form and manner prescribed by
17the Department with his or her application.
18 (b) Each application form shall include the following
19statement printed in bold type: "Warning: Entering false
20information on an application for a Firearm Owner's
21Identification Card is punishable as a Class 2 felony in
22accordance with subsection (d-5) of Section 14 of the Firearm
23Owners Identification Card and Certificate of Firearm
24Registration Act.".
25 (c) Upon such written consent, pursuant to Section 4,
26paragraph (a)(2)(i), the parent or legal guardian giving the

SB2859- 79 -LRB099 16419 RLC 40752 b
1consent shall be liable for any damages resulting from the
2applicant's use of firearms or firearm ammunition.
3(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
4 (430 ILCS 65/6.1)
5 Sec. 6.1. Altered, forged or counterfeit Firearm Owner's
6Identification Cards.
7 (a) Any person who forges or materially alters a Firearm
8Owner's Identification Card or Certificate of Firearm
9Registration or who counterfeits a Firearm Owner's
10Identification Card or Certificate of Firearm Registration
11commits a Class 2 felony.
12 (b) Any person who knowingly possesses a forged or
13materially altered Firearm Owner's Identification Card or
14Certificate of Firearm Registration with the intent to use it
15commits a Class 2 felony. A person who possesses a Firearm
16Owner's Identification Card or Certificate of Firearm
17Registration with knowledge that it is counterfeit commits a
18Class 2 felony.
19(Source: P.A. 92-414, eff. 1-1-02.)
20 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
21 Sec. 14. Sentence.
22 (a) Except as provided in subsection (a-5), a violation of
23paragraph (1) of subsection (a) of Section 2, when the person's
24Firearm Owner's Identification Card is expired but the person

SB2859- 80 -LRB099 16419 RLC 40752 b
1is not otherwise disqualified from renewing the card, is a
2Class A misdemeanor.
3 (a-5) A violation of paragraph (1) of subsection (a) of
4Section 2, when the person's Firearm Owner's Identification
5Card is expired but the person is not otherwise disqualified
6from owning, purchasing, or possessing firearms, is a petty
7offense if the card was expired for 6 months or less from the
8date of expiration.
9 (b) Except as provided in subsection (a) with respect to an
10expired card, a violation of paragraph (1) of subsection (a) of
11Section 2 is a Class A misdemeanor when the person does not
12possess a currently valid Firearm Owner's Identification Card,
13but is otherwise eligible under this Act. A second or
14subsequent violation is a Class 4 felony.
15 (c) A violation of paragraph (1) of subsection (a) of
16Section 2 is a Class 3 felony when:
17 (1) the person's Firearm Owner's Identification Card
18 is revoked or subject to revocation under Section 8; or
19 (2) the person's Firearm Owner's Identification Card
20 is expired and not otherwise eligible for renewal under
21 this Act; or
22 (3) the person does not possess a currently valid
23 Firearm Owner's Identification Card, and the person is not
24 otherwise eligible under this Act.
25 (d) A violation of subsection (a) of Section 3 is a Class 4
26felony. A third or subsequent conviction is a Class 1 felony.

SB2859- 81 -LRB099 16419 RLC 40752 b
1 (d-5) Any person who knowingly enters false information on
2an application for a Firearm Owner's Identification Card or a
3Certificate of Firearm Registration, who knowingly gives a
4false answer to any question on the application, or who
5knowingly submits false evidence in connection with an
6application is guilty of a Class 2 felony.
7 (e) Except as provided by Section 6.1 of this Act, any
8other violation of this Act is a Class A misdemeanor.
9(Source: P.A. 97-1131, eff. 1-1-13.)
10 Section 50. The Firearm Concealed Carry Act is amended by
11changing Sections 25, 30, 40, 70, 80, and 105 as follows:
12 (430 ILCS 66/25)
13 Sec. 25. Qualifications for a license.
14 The Department shall issue a license to an applicant
15completing an application in accordance with Section 30 of this
16Act if the person:
17 (1) is at least 21 years of age;
18 (2) has a currently valid Firearm Owner's
19 Identification Card and at the time of application meets
20 the requirements for the issuance of a Firearm Owner's
21 Identification Card and is not prohibited under the Firearm
22 Owners Identification Card and Certificate of Firearm
23 Registration Act or federal law from possessing or
24 receiving a firearm;

SB2859- 82 -LRB099 16419 RLC 40752 b
1 (3) has not been convicted or found guilty in this
2 State or in any other state of:
3 (A) 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 license application; or
6 (B) 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;
11 (4) is not the subject of a pending arrest warrant,
12 prosecution, or proceeding for an offense or action that
13 could lead to disqualification to own or possess a firearm;
14 (5) has not been in residential or court-ordered
15 treatment for alcoholism, alcohol detoxification, or drug
16 treatment within the 5 years immediately preceding the date
17 of the license application; and
18 (6) has completed firearms training and any education
19 component required under Section 75 of this Act.
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
21 (430 ILCS 66/30)
22 Sec. 30. Contents of license application.
23 (a) The license application shall be in writing, under
24penalty of perjury, on a standard form adopted by the
25Department and shall be accompanied by the documentation

SB2859- 83 -LRB099 16419 RLC 40752 b
1required in this Section and the applicable fee. Each
2application form shall include the following statement printed
3in bold type: "Warning: Entering false information on this form
4is punishable as perjury under Section 32-2 of the Criminal
5Code of 2012."
6 (b) The application shall contain the following:
7 (1) the applicant's name, current address, date and
8 year of birth, place of birth, height, weight, hair color,
9 eye color, maiden name or any other name the applicant has
10 used or identified with, and any address where the
11 applicant resided for more than 30 days within the 10 years
12 preceding the date of the license application;
13 (2) the applicant's valid driver's license number or
14 valid state identification card number;
15 (3) a waiver of the applicant's privacy and
16 confidentiality rights and privileges under all federal
17 and state laws, including those limiting access to juvenile
18 court, criminal justice, psychological, or psychiatric
19 records or records relating to any institutionalization of
20 the applicant, and an affirmative request that a person
21 having custody of any of these records provide it or
22 information concerning it to the Department. The waiver
23 only applies to records sought in connection with
24 determining whether the applicant qualifies for a license
25 to carry a concealed firearm under this Act, or whether the
26 applicant remains in compliance with the Firearm Owners

SB2859- 84 -LRB099 16419 RLC 40752 b
1 Identification Card and Certificate of Firearm
2 Registration Act;
3 (4) an affirmation that the applicant possesses a
4 currently valid Firearm Owner's Identification Card and
5 card number if possessed or notice the applicant is
6 applying for a Firearm Owner's Identification Card in
7 conjunction with the license application;
8 (5) an affirmation that the applicant has not been
9 convicted or found guilty of:
10 (A) a felony;
11 (B) a misdemeanor involving the use or threat of
12 physical force or violence to any person within the 5
13 years preceding the date of the application; or
14 (C) 2 or more violations related to driving while
15 under the influence of alcohol, other drug or drugs,
16 intoxicating compound or compounds, or any combination
17 thereof, within the 5 years preceding the date of the
18 license application; and
19 (6) whether the applicant has failed a drug test for a
20 drug for which the applicant did not have a prescription,
21 within the previous year, and if so, the provider of the
22 test, the specific substance involved, and the date of the
23 test;
24 (7) written consent for the Department to review and
25 use the applicant's Illinois digital driver's license or
26 Illinois identification card photograph and signature;

SB2859- 85 -LRB099 16419 RLC 40752 b
1 (8) a full set of fingerprints submitted to the
2 Department in electronic format, provided the Department
3 may accept an application submitted without a set of
4 fingerprints in which case the Department shall be granted
5 30 days in addition to the 90 days provided under
6 subsection (e) of Section 10 of this Act to issue or deny a
7 license;
8 (9) a head and shoulder color photograph in a size
9 specified by the Department taken within the 30 days
10 preceding the date of the license application; and
11 (10) a photocopy of any certificates or other evidence
12 of compliance with the training requirements under this
13 Act.
14(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
15 (430 ILCS 66/40)
16 Sec. 40. Non-resident license applications.
17 (a) For the purposes of this Section, "non-resident" means
18a person who has not resided within this State for more than 30
19days and resides in another state or territory.
20 (b) The Department shall by rule allow for non-resident
21license applications from any state or territory of the United
22States with laws related to firearm ownership, possession, and
23carrying, that are substantially similar to the requirements to
24obtain a license under this Act.
25 (c) A resident of a state or territory approved by the

SB2859- 86 -LRB099 16419 RLC 40752 b
1Department under subsection (b) of this Section may apply for a
2non-resident license. The applicant shall apply to the
3Department and must meet all of the qualifications established
4in Section 25 of this Act, except for the Illinois residency
5requirement in item (xiv) of paragraph (2) of subsection (a) of
6Section 4 of the Firearm Owners Identification Card and
7Certificate of Firearm Registration Act. The applicant shall
8submit:
9 (1) the application and documentation required under
10 Section 30 of this Act and the applicable fee;
11 (2) a notarized document stating that the applicant:
12 (A) is eligible under federal law and the laws of
13 his or her state or territory of residence to own or
14 possess a firearm;
15 (B) if applicable, has a license or permit to carry
16 a firearm or concealed firearm issued by his or her
17 state or territory of residence and attach a copy of
18 the license or permit to the application;
19 (C) understands Illinois laws pertaining to the
20 possession and transport of firearms; and
21 (D) acknowledges that the applicant is subject to
22 the jurisdiction of the Department and Illinois courts
23 for any violation of this Act;
24 (3) a photocopy of any certificates or other evidence
25 of compliance with the training requirements under Section
26 75 of this Act; and

SB2859- 87 -LRB099 16419 RLC 40752 b
1 (4) a head and shoulder color photograph in a size
2 specified by the Department taken within the 30 days
3 preceding the date of the application.
4 (d) In lieu of an Illinois driver's license or Illinois
5identification card, a non-resident applicant shall provide
6similar documentation from his or her state or territory of
7residence. In lieu of a valid Firearm Owner's Identification
8Card, the applicant shall submit documentation and information
9required by the Department to obtain a Firearm Owner's
10Identification Card, including an affidavit that the
11non-resident meets the mental health standards to obtain a
12firearm under Illinois law, and the Department shall ensure
13that the applicant would meet the eligibility criteria to
14obtain a Firearm Owner's Identification card if he or she was a
15resident of this State.
16 (e) Nothing in this Act shall prohibit a non-resident from
17transporting a concealed firearm within his or her vehicle in
18Illinois, if the concealed firearm remains within his or her
19vehicle and the non-resident:
20 (1) is not prohibited from owning or possessing a
21 firearm under federal law;
22 (2) is eligible to carry a firearm in public under the
23 laws of his or her state or territory of residence, as
24 evidenced by the possession of a concealed carry license or
25 permit issued by his or her state of residence, if
26 applicable; and

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1 (3) is not in possession of a license under this Act.
2 If the non-resident leaves his or her vehicle unattended,
3he or she shall store the firearm within a locked vehicle or
4locked container within the vehicle in accordance with
5subsection (b) of Section 65 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
7eff. 7-20-15.)
8 (430 ILCS 66/70)
9 Sec. 70. Violations.
10 (a) A license issued or renewed under this Act shall be
11revoked if, at any time, the licensee is found to be ineligible
12for a license under this Act or the licensee no longer meets
13the eligibility requirements of the Firearm Owners
14Identification Card and Certificate of Firearm Registration
15Act.
16 (b) A license shall be suspended if an order of protection,
17including an emergency order of protection, plenary order of
18protection, or interim order of protection under Article 112A
19of the Code of Criminal Procedure of 1963 or under the Illinois
20Domestic Violence Act of 1986, is issued against a licensee for
21the duration of the order, or if the Department is made aware
22of a similar order issued against the licensee in any other
23jurisdiction. If an order of protection is issued against a
24licensee, the licensee shall surrender the license, as
25applicable, to the court at the time the order is entered or to

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

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

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1whose concealed carry license has been revoked, suspended, or
2denied. The observation of a concealed carry license in the
3possession of a person whose license has been revoked,
4suspended, or denied constitutes a sufficient basis for the
5arrest of that person for violation of this subsection. A
6violation of this subsection is a Class A misdemeanor.
7 (h) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found ineligible for a
9Firearm Owner's Identification Card, or the licensee no longer
10possesses a valid Firearm Owner's Identification Card. A
11licensee whose license is revoked under this subsection (h)
12shall surrender his or her concealed carry license as provided
13for in subsection (g) of this Section.
14 This subsection shall not apply to a person who has filed
15an application with the State Police for renewal of a Firearm
16Owner's Identification Card and who is not otherwise ineligible
17to obtain a Firearm Owner's Identification Card.
18 (i) A certified firearms instructor who knowingly provides
19or offers to provide a false certification that an applicant
20has completed firearms training as required under this Act is
21guilty of a Class A misdemeanor. A person guilty of a violation
22of this subsection (i) is not eligible for court supervision.
23The Department shall permanently revoke the firearms
24instructor certification of a person convicted under this
25subsection (i).
26(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,

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1eff. 8-15-14.)
2 (430 ILCS 66/80)
3 Sec. 80. Certified firearms instructors.
4 (a) Within 60 days of the effective date of this Act, the
5Department shall begin approval of certified firearms
6instructors and enter certified firearms instructors into an
7online registry on the Department's website.
8 (b) A person who is not a certified firearms instructor
9shall not teach applicant training courses or advertise or
10otherwise represent courses they teach as qualifying their
11students to meet the requirements to receive a license under
12this Act. Each violation of this subsection is a business
13offense with a fine of at least $1,000 per violation.
14 (c) A person seeking to become a certified firearms
15instructor shall:
16 (1) be at least 21 years of age;
17 (2) be a legal resident of the United States; and
18 (3) meet the requirements of Section 25 of this Act,
19 except for the Illinois residency requirement in item (xiv)
20 of paragraph (2) of subsection (a) of Section 4 of the
21 Firearm Owners Identification Card and Certificate of
22 Firearm Registration Act; and any additional uniformly
23 applied requirements established by the Department.
24 (d) A person seeking to become a certified firearms
25instructor, in addition to the requirements of subsection (c)

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1of this Section, shall:
2 (1) possess a high school diploma or high school
3 equivalency certificate; and
4 (2) have at least one of the following valid firearms
5 instructor certifications:
6 (A) certification from a law enforcement agency;
7 (B) certification from a firearm instructor course
8 offered by a State or federal governmental agency;
9 (C) certification from a firearm instructor
10 qualification course offered by the Illinois Law
11 Enforcement Training Standards Board; or
12 (D) certification from an entity approved by the
13 Department that offers firearm instructor education
14 and training in the use and safety of firearms.
15 (e) A person may have his or her firearms instructor
16certification denied or revoked if he or she does not meet the
17requirements to obtain a license under this Act, provides false
18or misleading information to the Department, or has had a prior
19instructor certification revoked or denied by the Department.
20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
21eff. 1-1-15.)
22 (430 ILCS 66/105)
23 Sec. 105. Duty of school administrator. It is the duty of
24the principal of a public elementary or secondary school, or
25his or her designee, and the chief administrative officer of a

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1private elementary or secondary school or a public or private
2community college, college, or university, or his or her
3designee, to report to the Department of State Police when a
4student is determined to pose a clear and present danger to
5himself, herself, or to others, within 24 hours of the
6determination as provided in Section 6-103.3 of the Mental
7Health and Developmental Disabilities Code. "Clear and present
8danger" has the meaning as provided in paragraph (2) of the
9definition of "clear and present danger" in Section 1.1 of the
10Firearm Owners Identification Card and Certificate of Firearm
11Registration Act.
12(Source: P.A. 98-63, eff. 7-9-13.)
13 Section 55. The Wildlife Code is amended by changing
14Section 3.2 as follows:
15 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
16 Sec. 3.2. Hunting license; application; instruction.
17Before the Department or any county, city, village, township,
18incorporated town clerk or his duly designated agent or any
19other person authorized or designated by the Department to
20issue hunting licenses shall issue a hunting license to any
21person, the person shall file his application with the
22Department or other party authorized to issue licenses on a
23form provided by the Department and further give definite proof
24of identity and place of legal residence. Each clerk

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1designating agents to issue licenses and stamps shall furnish
2the Department, within 10 days following the appointment, the
3names and mailing addresses of the agents. Each clerk or his
4duly designated agent shall be authorized to sell licenses and
5stamps only within the territorial area for which he was
6elected or appointed. No duly designated agent is authorized to
7furnish licenses or stamps for issuance by any other business
8establishment. Each application shall be executed and sworn to
9and shall set forth the name and description of the applicant
10and place of residence.
11 No hunting license shall be issued to any person born on or
12after January 1, 1980 unless he presents the person authorized
13to issue the license evidence that he has held a hunting
14license issued by the State of Illinois or another state in a
15prior year, or a certificate of competency as provided in this
16Section. Persons under 16 years of age may be issued a Lifetime
17Hunting or Sportsmen's Combination License as provided under
18Section 20-45 of the Fish and Aquatic Life Code but shall not
19be entitled to hunt unless they have a certificate of
20competency as provided in this Section and they shall have the
21certificate in their possession while hunting.
22 The Department of Natural Resources shall authorize
23personnel of the Department or certified volunteer instructors
24to conduct courses, of not less than 10 hours in length, in
25firearms and hunter safety, which may include training in bow
26and arrow safety, at regularly specified intervals throughout

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1the State. Persons successfully completing the course shall
2receive a certificate of competency. The Department of Natural
3Resources may further cooperate with any reputable association
4or organization in establishing courses if the organization has
5as one of its objectives the promotion of safety in the
6handling of firearms or bow and arrow.
7 The Department of Natural Resources shall designate any
8person found by it to be competent to give instruction in the
9handling of firearms, hunter safety, and bow and arrow. The
10persons so appointed shall give the course of instruction and
11upon the successful completion shall issue to the person
12instructed a certificate of competency in the safe handling of
13firearms, hunter safety, and bow and arrow. No charge shall be
14made for any course of instruction except for materials or
15ammunition consumed. The Department of Natural Resources shall
16furnish information on the requirements of hunter safety
17education programs to be distributed free of charge to
18applicants for hunting licenses by the persons appointed and
19authorized to issue licenses. Funds for the conducting of
20firearms and hunter safety courses shall be taken from the fee
21charged for the Firearm Owners Identification Card and
22Certificate of Firearm Registration.
23 The fee for a hunting license to hunt all species for a
24resident of Illinois is $12. For residents age 65 or older,
25and, commencing with the 2012 license year, resident veterans
26of the United States Armed Forces after returning from service

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1abroad or mobilization by the President of the United States,
2the fee is one-half of the fee charged for a hunting license to
3hunt all species for a resident of Illinois. Veterans must
4provide to the Department, at one of the Department's 5
5regional offices, verification of their service. The
6Department shall establish what constitutes suitable
7verification of service for the purpose of issuing resident
8veterans hunting licenses at a reduced fee. The fee for a
9hunting license to hunt all species shall be $1 for residents
10over 75 years of age. Nonresidents shall be charged $57 for a
11hunting license.
12 Nonresidents may be issued a nonresident hunting license
13for a period not to exceed 10 consecutive days' hunting in the
14State and shall be charged a fee of $35.
15 A special nonresident hunting license authorizing a
16nonresident to take game birds by hunting on a game breeding
17and hunting preserve area only, established under Section 3.27,
18shall be issued upon proper application being made and payment
19of a fee equal to that for a resident hunting license. The
20expiration date of this license shall be on the same date each
21year that game breeding and hunting preserve area licenses
22expire.
23 Each applicant for a State Migratory Waterfowl Stamp,
24regardless of his residence or other condition, shall pay a fee
25of $15 and shall receive a stamp. The fee for a State Migratory
26Waterfowl Stamp shall be waived for residents over 75 years of

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1age. Except as provided under Section 20-45 of the Fish and
2Aquatic Life Code, the stamp shall be signed by the person or
3affixed to his license or permit in a space designated by the
4Department for that purpose.
5 Each applicant for a State Habitat Stamp, regardless of his
6residence or other condition, shall pay a fee of $5 and shall
7receive a stamp. The fee for a State Habitat Stamp shall be
8waived for residents over 75 years of age. Except as provided
9under Section 20-45 of the Fish and Aquatic Life Code, the
10stamp shall be signed by the person or affixed to his license
11or permit in a space designated by the Department for that
12purpose.
13 Nothing in this Section shall be construed as to require
14the purchase of more than one State Habitat Stamp by any person
15in any one license year.
16 The fees for State Pheasant Stamps and State Furbearer
17Stamps shall be waived for residents over 75 years of age.
18 The Department shall furnish the holders of hunting
19licenses and stamps with an insignia as evidence of possession
20of license, or license and stamp, as the Department may
21consider advisable. The insignia shall be exhibited and used as
22the Department may order.
23 All other hunting licenses and all State stamps shall
24expire upon March 31 of each year.
25 Every person holding any license, permit, or stamp issued
26under the provisions of this Act shall have it in his

SB2859- 99 -LRB099 16419 RLC 40752 b
1possession for immediate presentation for inspection to the
2officers and authorized employees of the Department, any
3sheriff, deputy sheriff, or any other peace officer making a
4demand for it. This provision shall not apply to Department
5owned or managed sites where it is required that all hunters
6deposit their license, permit, or Firearm Owner's
7Identification Card at the check station upon entering the
8hunting areas.
9(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
10 Section 60. The Clerks of Courts Act is amended by changing
11Section 27.3a as follows:
12 (705 ILCS 105/27.3a)
13 Sec. 27.3a. Fees for automated record keeping, probation
14and court services operations, and State and Conservation
15Police operations.
16 1. The expense of establishing and maintaining automated
17record keeping systems in the offices of the clerks of the
18circuit court shall be borne by the county. To defray such
19expense in any county having established such an automated
20system or which elects to establish such a system, the county
21board may require the clerk of the circuit court in their
22county to charge and collect a court automation fee of not less
23than $1 nor more than $25 to be charged and collected by the
24clerk of the court. Such fee shall be paid at the time of

SB2859- 100 -LRB099 16419 RLC 40752 b
1filing the first pleading, paper or other appearance filed by
2each party in all civil cases or by the defendant in any
3felony, traffic, misdemeanor, municipal ordinance, or
4conservation case upon a judgment of guilty or grant of
5supervision, provided that the record keeping system which
6processes the case category for which the fee is charged is
7automated or has been approved for automation by the county
8board, and provided further that no additional fee shall be
9required if more than one party is presented in a single
10pleading, paper or other appearance. Such fee shall be
11collected in the manner in which all other fees or costs are
12collected.
13 1.1. Starting on July 6, 2012 (the effective date of Public
14Act 97-761) and pursuant to an administrative order from the
15chief judge of the circuit or the presiding judge of the county
16authorizing such collection, a clerk of the circuit court in
17any county that imposes a fee pursuant to subsection 1 of this
18Section shall also charge and collect an additional $10
19operations fee for probation and court services department
20operations.
21 This additional fee shall be paid by the defendant in any
22felony, traffic, misdemeanor, local ordinance, or conservation
23case upon a judgment of guilty or grant of supervision, except
24such $10 operations fee shall not be charged and collected in
25cases governed by Supreme Court Rule 529 in which the bail
26amount is $120 or less.

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

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1supervision for a violation under the State Parks Act, the
2Recreational Trails of Illinois Act, the Illinois Explosives
3Act, the Timber Buyers Licensing Act, the Forest Products
4Transportation Act, the Firearm Owners Identification Card and
5Certificate of Firearm Registration Act, the Environmental
6Protection Act, the Fish and Aquatic Life Code, the Wildlife
7Code, the Cave Protection Act, the Illinois Exotic Weed Act,
8the Illinois Forestry Development Act, the Ginseng Harvesting
9Act, the Illinois Lake Management Program Act, the Illinois
10Natural Areas Preservation Act, the Illinois Open Land Trust
11Act, the Open Space Lands Acquisition and Development Act, the
12Illinois Prescribed Burning Act, the State Forest Act, the
13Water Use Act of 1983, the Illinois Veteran, Youth, and Young
14Adult Conservation Jobs Act, the Snowmobile Registration and
15Safety Act, the Boat Registration and Safety Act, the Illinois
16Dangerous Animals Act, the Hunter and Fishermen Interference
17Prohibition Act, the Wrongful Tree Cutting Act, or Section
1811-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,
1911-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle
20Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.
21 2. With respect to the fee imposed under subsection 1 of
22this Section, each clerk shall commence such charges and
23collections upon receipt of written notice from the chairman of
24the county board together with a certified copy of the board's
25resolution, which the clerk shall file of record in his office.
26 3. With respect to the fee imposed under subsection 1 of

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

SB2859- 104 -LRB099 16419 RLC 40752 b
1by transferring these fees on a quarterly basis from the State
2Police Operations Assistance Fund into the Illinois Law
3Enforcement Alarm Systems (ILEAS) Fund for homeland security
4initiatives programs. The transferred fees shall be allocated,
5subject to the approval of the ILEAS Executive Board, as
6follows: (i) 66.6% shall be used for homeland security
7initiatives and (ii) 33.3% shall be used for airborne
8operations. The ILEAS Executive Board shall annually supply the
9Director of State Police with a report of the use of these
10fees.
11 7. With respect to the additional fee imposed under
12subsection 1.6 of this Section, the fee shall be remitted by
13the circuit clerk to the State Treasurer within one month after
14receipt for deposit into the Conservation Police Operations
15Assistance Fund.
16(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
17eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
1897-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
198-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
20 Section 65. The Criminal Code of 2012 is amended by
21changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1.1,
2224-1.6, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 as follows:
23 (720 ILCS 5/2-7.1)
24 Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm"

SB2859- 105 -LRB099 16419 RLC 40752 b
1and "firearm ammunition" have the meanings ascribed to them in
2Section 1.1 of the Firearm Owners Identification Card and
3Certificate of Firearm Registration Act.
4(Source: P.A. 91-544, eff. 1-1-00.)
5 (720 ILCS 5/2-7.5)
6 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
7specific Section, "firearm" has the meaning ascribed to it in
8Section 1.1 of the Firearm Owners Identification Card and
9Certificate of Firearm Registration Act.
10(Source: P.A. 95-331, eff. 8-21-07.)
11 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
12 Sec. 12-3.05. Aggravated battery.
13 (a) Offense based on injury. A person commits aggravated
14battery when, in committing a battery, other than by the
15discharge of a firearm, he or she knowingly does any of the
16following:
17 (1) Causes great bodily harm or permanent disability or
18 disfigurement.
19 (2) Causes severe and permanent disability, great
20 bodily harm, or disfigurement by means of a caustic or
21 flammable substance, a poisonous gas, a deadly biological
22 or chemical contaminant or agent, a radioactive substance,
23 or a bomb or explosive compound.
24 (3) Causes great bodily harm or permanent disability or

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

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1 (c) Offense based on location of conduct. A person commits
2aggravated battery when, in committing a battery, other than by
3the discharge of a firearm, he or she is or the person battered
4is on or about a public way, public property, a public place of
5accommodation or amusement, a sports venue, or a domestic
6violence shelter.
7 (d) Offense based on status of victim. A person commits
8aggravated battery when, in committing a battery, other than by
9discharge of a firearm, he or she knows the individual battered
10to be any of the following:
11 (1) A person 60 years of age or older.
12 (2) A person who is pregnant or has a physical
13 disability.
14 (3) A teacher or school employee upon school grounds or
15 grounds adjacent to a school or in any part of a building
16 used for school purposes.
17 (4) A peace officer, community policing volunteer,
18 fireman, private security officer, correctional
19 institution employee, or Department of Human Services
20 employee supervising or controlling sexually dangerous
21 persons or sexually violent persons:
22 (i) performing his or her official duties;
23 (ii) battered to prevent performance of his or her
24 official duties; or
25 (iii) battered in retaliation for performing his
26 or her official duties.

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1 (5) A judge, emergency management worker, emergency
2 medical technician, or utility worker:
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 (6) An officer or employee of the State of Illinois, a
9 unit of local government, or a school district, while
10 performing his or her official duties.
11 (7) A transit employee performing his or her official
12 duties, or a transit passenger.
13 (8) A taxi driver on duty.
14 (9) A merchant who detains the person for an alleged
15 commission of retail theft under Section 16-26 of this Code
16 and the person without legal justification by any means
17 causes bodily harm to the merchant.
18 (10) A person authorized to serve process under Section
19 2-202 of the Code of Civil Procedure or a special process
20 server appointed by the circuit court while that individual
21 is in the performance of his or her duties as a process
22 server.
23 (11) A nurse while in the performance of his or her
24 duties as a nurse.
25 (e) Offense based on use of a firearm. A person commits
26aggravated battery when, in committing a battery, he or she

SB2859- 109 -LRB099 16419 RLC 40752 b
1knowingly does any of the following:
2 (1) Discharges a firearm, other than a machine gun or a
3 firearm equipped with a silencer, and causes any injury to
4 another person.
5 (2) Discharges a firearm, other than a machine gun or a
6 firearm equipped with a silencer, and causes any injury to
7 a person he or she knows to be a peace officer, community
8 policing volunteer, person summoned by a police officer,
9 fireman, private security officer, correctional
10 institution employee, or emergency management worker:
11 (i) performing his or her official duties;
12 (ii) battered to prevent performance of his or her
13 official duties; or
14 (iii) battered in retaliation for performing his
15 or her official duties.
16 (3) Discharges a firearm, other than a machine gun or a
17 firearm equipped with a silencer, and causes any injury to
18 a person he or she knows to be an emergency medical
19 technician employed by a municipality or other
20 governmental unit:
21 (i) performing his or her official duties;
22 (ii) battered to prevent performance of his or her
23 official duties; or
24 (iii) battered in retaliation for performing his
25 or her official duties.
26 (4) Discharges a firearm and causes any injury to a

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

SB2859- 111 -LRB099 16419 RLC 40752 b
1 or her official duties.
2 (8) Discharges a machine gun or a firearm equipped with
3 a silencer, and causes any injury to a person he or she
4 knows to be a teacher, or a student in a school, or a
5 school employee, and the teacher, student, or employee is
6 upon school grounds or grounds adjacent to a school or in
7 any part of a building used for school purposes.
8 (f) Offense based on use of a weapon or device. A person
9commits aggravated battery when, in committing a battery, he or
10she does any of the following:
11 (1) Uses a deadly weapon other than by discharge of a
12 firearm, or uses an air rifle as defined in Section
13 24.8-0.1 of this Code.
14 (2) Wears a hood, robe, or mask to conceal his or her
15 identity.
16 (3) Knowingly and without lawful justification shines
17 or flashes a laser gunsight or other laser device attached
18 to a firearm, or used in concert with a firearm, so that
19 the laser beam strikes upon or against the person of
20 another.
21 (4) Knowingly video or audio records the offense with
22 the intent to disseminate the recording.
23 (g) Offense based on certain conduct. A person commits
24aggravated battery when, other than by discharge of a firearm,
25he or she does any of the following:
26 (1) Violates Section 401 of the Illinois Controlled

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1 Substances Act by unlawfully delivering a controlled
2 substance to another and any user experiences great bodily
3 harm or permanent disability as a result of the injection,
4 inhalation, or ingestion of any amount of the controlled
5 substance.
6 (2) Knowingly administers to an individual or causes
7 him or her to take, without his or her consent or by threat
8 or deception, and for other than medical purposes, any
9 intoxicating, poisonous, stupefying, narcotic, anesthetic,
10 or controlled substance, or gives to another person any
11 food containing any substance or object intended to cause
12 physical injury if eaten.
13 (3) Knowingly causes or attempts to cause a
14 correctional institution employee or Department of Human
15 Services employee to come into contact with blood, seminal
16 fluid, urine, or feces by throwing, tossing, or expelling
17 the fluid or material, and the person is an inmate of a
18 penal institution or is a sexually dangerous person or
19 sexually violent person in the custody of the Department of
20 Human Services.
21 (h) Sentence. Unless otherwise provided, aggravated
22battery is a Class 3 felony.
23 Aggravated battery as defined in subdivision (a)(4),
24(d)(4), or (g)(3) is a Class 2 felony.
25 Aggravated battery as defined in subdivision (a)(3) or
26(g)(1) is a Class 1 felony.

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1 Aggravated battery as defined in subdivision (a)(1) is a
2Class 1 felony when the aggravated battery was intentional and
3involved the infliction of torture, as defined in paragraph
4(14) of subsection (b) of Section 9-1 of this Code, as the
5infliction of or subjection to extreme physical pain, motivated
6by an intent to increase or prolong the pain, suffering, or
7agony of the victim.
8 Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10 (A) the person used or attempted to use a dangerous
11 instrument while committing the offense; or
12 (B) the person caused great bodily harm or permanent
13 disability or disfigurement to the other person while
14 committing the offense; or
15 (C) the person has been previously convicted of a
16 violation of subdivision (a)(5) under the laws of this
17 State or laws similar to subdivision (a)(5) of any other
18 state.
19 Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21 Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25 Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

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1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3 Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13 (1) if the person committed the offense while armed
14 with a firearm, 15 years shall be added to the term of
15 imprisonment imposed by the court;
16 (2) if, during the commission of the offense, the
17 person personally discharged a firearm, 20 years shall be
18 added to the term of imprisonment imposed by the court;
19 (3) if, during the commission of the offense, the
20 person personally discharged a firearm that proximately
21 caused great bodily harm, permanent disability, permanent
22 disfigurement, or death to another person, 25 years or up
23 to a term of natural life shall be added to the term of
24 imprisonment imposed by the court.
25 (i) Definitions. For the purposes of this Section:
26 "Building or other structure used to provide shelter" has

SB2859- 115 -LRB099 16419 RLC 40752 b
1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3 "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5 "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet of
10such a building or other structure in the case of a person who
11is going to or from such a building or other structure.
12 "Firearm" has the meaning provided under Section 1.1 of the
13Firearm Owners Identification Card and Certificate of Firearm
14Registration Act, and does not include an air rifle as defined
15by Section 24.8-0.1 of this Code.
16 "Machine gun" has the meaning ascribed to it in Section
1724-1 of this Code.
18 "Merchant" has the meaning ascribed to it in Section 16-0.1
19of this Code.
20 "Strangle" means intentionally impeding the normal
21breathing or circulation of the blood of an individual by
22applying pressure on the throat or neck of that individual or
23by blocking the nose or mouth of that individual.
24(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
25eff. 7-16-14; 99-143, eff. 7-27-15.)

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1 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
2 Sec. 17-30. Defaced, altered, or removed manufacturer or
3owner identification number.
4 (a) Unlawful sale of household appliances. A person commits
5unlawful sale of household appliances when he or she knowingly,
6with the intent to defraud or deceive another, keeps for sale,
7within any commercial context, any household appliance with a
8missing, defaced, obliterated, or otherwise altered
9manufacturer's identification number.
10 (b) Construction equipment identification defacement. A
11person commits construction equipment identification
12defacement when he or she knowingly changes, alters, removes,
13mutilates, or obliterates a permanently affixed serial number,
14product identification number, part number, component
15identification number, owner-applied identification, or other
16mark of identification attached to or stamped, inscribed,
17molded, or etched into a machine or other equipment, whether
18stationary or mobile or self-propelled, or a part of such
19machine or equipment, used in the construction, maintenance, or
20demolition of buildings, structures, bridges, tunnels, sewers,
21utility pipes or lines, ditches or open cuts, roads, highways,
22dams, airports, or waterways or in material handling for such
23projects.
24 The trier of fact may infer that the defendant has
25knowingly changed, altered, removed, or obliterated the serial
26number, product identification number, part number, component

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1identification number, owner-applied identification number, or
2other mark of identification, if the defendant was in
3possession of any machine or other equipment or a part of such
4machine or equipment used in the construction, maintenance, or
5demolition of buildings, structures, bridges, tunnels, sewers,
6utility pipes or lines, ditches or open cuts, roads, highways,
7dams, airports, or waterways or in material handling for such
8projects upon which any such serial number, product
9identification number, part number, component identification
10number, owner-applied identification number, or other mark of
11identification has been changed, altered, removed, or
12obliterated.
13 (c) Defacement of manufacturer's serial number or
14identification mark. A person commits defacement of a
15manufacturer's serial number or identification mark when he or
16she knowingly removes, alters, defaces, covers, or destroys the
17manufacturer's serial number or any other manufacturer's
18number or distinguishing identification mark upon any machine
19or other article of merchandise, other than a motor vehicle as
20defined in Section 1-146 of the Illinois Vehicle Code or a
21firearm as defined in the Firearm Owners Identification Card
22and Certificate of Firearm Registration Act, with the intent of
23concealing or destroying the identity of such machine or other
24article of merchandise.
25 (d) Sentence.
26 (1) A violation of subsection (a) of this Section is a

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1 Class 4 felony if the value of the appliance or appliances
2 exceeds $1,000 and a Class B misdemeanor if the value of
3 the appliance or appliances is $1,000 or less.
4 (2) A violation of subsection (b) of this Section is a
5 Class A misdemeanor.
6 (3) A violation of subsection (c) of this Section is a
7 Class B misdemeanor.
8 (e) No liability shall be imposed upon any person for the
9unintentional failure to comply with subsection (a).
10 (f) Definitions. In this Section:
11 "Commercial context" means a continuing business
12enterprise conducted for profit by any person whose primary
13business is the wholesale or retail marketing of household
14appliances, or a significant portion of whose business or
15inventory consists of household appliances kept or sold on a
16wholesale or retail basis.
17 "Household appliance" means any gas or electric device or
18machine marketed for use as home entertainment or for
19facilitating or expediting household tasks or chores. The term
20shall include but not necessarily be limited to refrigerators,
21freezers, ranges, radios, television sets, vacuum cleaners,
22toasters, dishwashers, and other similar household items.
23 "Manufacturer's identification number" means any serial
24number or other similar numerical or alphabetical designation
25imprinted upon or attached to or placed, stamped, or otherwise
26imprinted upon or attached to a household appliance or item by

SB2859- 119 -LRB099 16419 RLC 40752 b
1the manufacturer for purposes of identifying a particular
2appliance or item individually or by lot number.
3(Source: P.A. 96-1551, eff. 7-1-11.)
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 by the Director of the
15Department of State Police under Section 10 of the Firearm
16Owners Identification Card and Certificate of Firearm
17Registration Act.
18 (b) It is unlawful for any person confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, to possess any weapon prohibited under Section
2124-1 of this Code or any firearm or firearm ammunition,
22regardless of the intent with which he possesses it.
23 (c) It shall be an affirmative defense to a violation of
24subsection (b), that such possession was specifically
25authorized by rule, regulation, or directive of the Illinois

SB2859- 120 -LRB099 16419 RLC 40752 b
1Department of Corrections or order issued pursuant thereto.
2 (d) The defense of necessity is not available to a person
3who is charged with a violation of subsection (b) of this
4Section.
5 (e) Sentence. Violation of this Section by a person not
6confined in a penal institution shall be a Class 3 felony for
7which the person shall be sentenced to no less than 2 years and
8no more than 10 years and any second or subsequent violation
9shall be a Class 2 felony for which the person shall be
10sentenced to a term of imprisonment of not less than 3 years
11and not more than 14 years. Violation of this Section by a
12person not confined in a penal institution who has been
13convicted of a forcible felony, a felony violation of Article
1424 of this Code or of the Firearm Owners Identification Card
15and Certificate of Firearm Registration Act, stalking or
16aggravated stalking, or a Class 2 or greater felony under the
17Illinois Controlled Substances Act, the Cannabis Control Act,
18or the Methamphetamine Control and Community Protection Act is
19a Class 2 felony for which the person shall be sentenced to not
20less than 3 years and not more than 14 years. Violation of this
21Section by a person who is on parole or mandatory supervised
22release is a Class 2 felony for which the person shall be
23sentenced to not less than 3 years and not more than 14 years.
24Violation of this Section by a person not confined in a penal
25institution is a Class X felony when the firearm possessed is a
26machine gun. Any person who violates this Section while

SB2859- 121 -LRB099 16419 RLC 40752 b
1confined in a penal institution, which is a facility of the
2Illinois Department of Corrections, is guilty of a Class 1
3felony, if he possesses any weapon prohibited under Section
424-1 of this Code regardless of the intent with which he
5possesses it, a Class X felony if he possesses any firearm,
6firearm ammunition or explosive, and a Class X felony for which
7the offender shall be sentenced to not less than 12 years and
8not more than 50 years when the firearm possessed is a machine
9gun. A violation of this Section while wearing or in possession
10of body armor as defined in Section 33F-1 is a Class X felony
11punishable by a term of imprisonment of not less than 10 years
12and not more than 40 years. The possession of each firearm or
13firearm ammunition in violation of this Section constitutes a
14single and separate violation.
15(Source: P.A. 97-237, eff. 1-1-12.)
16 (720 ILCS 5/24-1.6)
17 Sec. 24-1.6. Aggravated unlawful use of a weapon.
18 (a) A person commits the offense of aggravated unlawful use
19of a weapon when he or she knowingly:
20 (1) Carries on or about his or her person or in any
21 vehicle or concealed on or about his or her person except
22 when on his or her land or in his or her abode, legal
23 dwelling, or fixed place of business, or on the land or in
24 the legal dwelling of another person as an invitee with
25 that person's permission, any pistol, revolver, stun gun or

SB2859- 122 -LRB099 16419 RLC 40752 b
1 taser or other firearm; or
2 (2) Carries or possesses on or about his or her person,
3 upon any public street, alley, or other public lands within
4 the corporate limits of a city, village or incorporated
5 town, except when an invitee thereon or therein, for the
6 purpose of the display of such weapon or the lawful
7 commerce in weapons, or except when on his or her own land
8 or in his or her own abode, legal dwelling, or fixed place
9 of business, or on the land or in the legal dwelling of
10 another person as an invitee with that person's permission,
11 any pistol, revolver, stun gun or taser or other firearm;
12 and
13 (3) One of the following factors is present:
14 (A) the firearm, other than a pistol, revolver, or
15 handgun, possessed was uncased, loaded, and
16 immediately accessible at the time of the offense; or
17 (A-5) the pistol, revolver, or handgun possessed
18 was uncased, loaded, and immediately accessible at the
19 time of the offense and the person possessing the
20 pistol, revolver, or handgun has not been issued a
21 currently valid license under the Firearm Concealed
22 Carry Act; or
23 (B) the firearm, other than a pistol, revolver, or
24 handgun, possessed was uncased, unloaded, and the
25 ammunition for the weapon was immediately accessible
26 at the time of the offense; or

SB2859- 123 -LRB099 16419 RLC 40752 b
1 (B-5) the pistol, revolver, or handgun possessed
2 was uncased, unloaded, and the ammunition for the
3 weapon was immediately accessible at the time of the
4 offense and the person possessing the pistol,
5 revolver, or handgun has not been issued a currently
6 valid license under the Firearm Concealed Carry Act; or
7 (C) the person possessing the firearm has not been
8 issued a currently valid Firearm Owner's
9 Identification Card; or
10 (D) the person possessing the weapon was
11 previously adjudicated a delinquent minor under the
12 Juvenile Court Act of 1987 for an act that if committed
13 by an adult would be a felony; or
14 (E) the person possessing the weapon was engaged in
15 a misdemeanor violation of the Cannabis Control Act, in
16 a misdemeanor violation of the Illinois Controlled
17 Substances Act, or in a misdemeanor violation of the
18 Methamphetamine Control and Community Protection Act;
19 or
20 (F) (blank); or
21 (G) the person possessing the weapon had a order of
22 protection issued against him or her within the
23 previous 2 years; or
24 (H) the person possessing the weapon was engaged in
25 the commission or attempted commission of a
26 misdemeanor involving the use or threat of violence

SB2859- 124 -LRB099 16419 RLC 40752 b
1 against the person or property of another; or
2 (I) the person possessing the weapon was under 21
3 years of age and in possession of a handgun, unless the
4 person under 21 is engaged in lawful activities under
5 the Wildlife Code or described in subsection
6 24-2(b)(1), (b)(3), or 24-2(f).
7 (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9 (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11 (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a person
17 who has been issued a currently valid Firearm Owner's
18 Identification Card.
19 (d) Sentence.
20 (1) Aggravated unlawful use of a weapon is a Class 4
21 felony; a second or subsequent offense is a Class 2 felony
22 for which the person shall be sentenced to a term of
23 imprisonment of not less than 3 years and not more than 7
24 years.
25 (2) Except as otherwise provided in paragraphs (3) and
26 (4) of this subsection (d), a first offense of aggravated

SB2859- 125 -LRB099 16419 RLC 40752 b
1 unlawful use of a weapon committed with a firearm by a
2 person 18 years of age or older where the factors listed in
3 both items (A) and (C) or both items (A-5) and (C) of
4 paragraph (3) of subsection (a) are present is a Class 4
5 felony, for which the person shall be sentenced to a term
6 of imprisonment of not less than one year and not more than
7 3 years.
8 (3) Aggravated unlawful use of a weapon by a person who
9 has been previously convicted of a felony in this State or
10 another jurisdiction is a Class 2 felony for which the
11 person shall be sentenced to a term of imprisonment of not
12 less than 3 years and not more than 7 years.
13 (4) Aggravated unlawful use of a weapon while wearing
14 or in possession of body armor as defined in Section 33F-1
15 by a person who has not been issued a valid Firearms
16 Owner's Identification Card in accordance with Section 5 of
17 the Firearm Owners Identification Card and Certificate of
18 Firearm Registration Act is a Class X felony.
19 (e) The possession of each firearm in violation of this
20Section constitutes a single and separate violation.
21(Source: P.A. 98-63, eff. 7-9-13.)
22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
23 Sec. 24-3. Unlawful sale or delivery of firearms.
24 (A) A person commits the offense of unlawful sale or
25delivery of firearms when he or she knowingly does any of the

SB2859- 126 -LRB099 16419 RLC 40752 b
1following:
2 (a) Sells or gives any firearm of a size which may be
3 concealed upon the person to any person under 18 years of
4 age.
5 (b) Sells or gives any firearm to a person under 21
6 years of age who has been convicted of a misdemeanor other
7 than a traffic offense or adjudged delinquent.
8 (c) Sells or gives any firearm to any narcotic addict.
9 (d) Sells or gives any firearm to any person who has
10 been convicted of a felony under the laws of this or any
11 other jurisdiction.
12 (e) Sells or gives any firearm to any person who has
13 been a patient in a mental institution within the past 5
14 years. In this subsection (e):
15 "Mental institution" means any hospital,
16 institution, clinic, evaluation facility, mental
17 health center, or part thereof, which is used primarily
18 for the care or treatment of persons with mental
19 illness.
20 "Patient in a mental institution" means the person
21 was admitted, either voluntarily or involuntarily, to
22 a mental institution for mental health treatment,
23 unless the treatment was voluntary and solely for an
24 alcohol abuse disorder and no other secondary
25 substance abuse disorder or mental illness.
26 (f) Sells or gives any firearms to any person who is a

SB2859- 127 -LRB099 16419 RLC 40752 b
1 person with an intellectual disability.
2 (g) Delivers any firearm of a size which may be
3 concealed upon the person, incidental to a sale, without
4 withholding delivery of such firearm for at least 72 hours
5 after application for its purchase has been made, or
6 delivers any rifle, shotgun or other long gun, or a stun
7 gun or taser, incidental to a sale, without withholding
8 delivery of such rifle, shotgun or other long gun, or a
9 stun gun or taser for at least 24 hours after application
10 for its purchase has been made. However, this paragraph (g)
11 does not apply to: (1) the sale of a firearm to a law
12 enforcement officer if the seller of the firearm knows that
13 the person to whom he or she is selling the firearm is a
14 law enforcement officer or the sale of a firearm to a
15 person who desires to purchase a firearm for use in
16 promoting the public interest incident to his or her
17 employment as a bank guard, armed truck guard, or other
18 similar employment; (2) a mail order sale of a firearm from
19 a federally licensed firearms dealer to a nonresident of
20 Illinois under which the firearm is mailed to a federally
21 licensed firearms dealer outside the boundaries of
22 Illinois; (3) the sale of a firearm to a nonresident of
23 Illinois while at a firearm showing or display recognized
24 by the Illinois Department of State Police; (4) the sale of
25 a firearm to a dealer licensed as a federal firearms dealer
26 under Section 923 of the federal Gun Control Act of 1968

SB2859- 128 -LRB099 16419 RLC 40752 b
1 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
2 shotgun, or other long gun to a resident registered
3 competitor or attendee or non-resident registered
4 competitor or attendee by any dealer licensed as a federal
5 firearms dealer under Section 923 of the federal Gun
6 Control Act of 1968 at competitive shooting events held at
7 the World Shooting Complex sanctioned by a national
8 governing body. For purposes of transfers or sales under
9 subparagraph (5) of this paragraph (g), the Department of
10 Natural Resources shall give notice to the Department of
11 State Police at least 30 calendar days prior to any
12 competitive shooting events at the World Shooting Complex
13 sanctioned by a national governing body. The notification
14 shall be made on a form prescribed by the Department of
15 State Police. The sanctioning body shall provide a list of
16 all registered competitors and attendees at least 24 hours
17 before the events to the Department of State Police. Any
18 changes to the list of registered competitors and attendees
19 shall be forwarded to the Department of State Police as
20 soon as practicable. The Department of State Police must
21 destroy the list of registered competitors and attendees no
22 later than 30 days after the date of the event. Nothing in
23 this paragraph (g) relieves a federally licensed firearm
24 dealer from the requirements of conducting a NICS
25 background check through the Illinois Point of Contact
26 under 18 U.S.C. 922(t). For purposes of this paragraph (g),

SB2859- 129 -LRB099 16419 RLC 40752 b
1 "application" means when the buyer and seller reach an
2 agreement to purchase a firearm. For purposes of this
3 paragraph (g), "national governing body" means a group of
4 persons who adopt rules and formulate policy on behalf of a
5 national firearm sporting organization.
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 and Certificate of
15 Firearm Registration Act; and (2) "handgun" is defined as a
16 firearm designed to be held and fired by the use of a
17 single hand, and includes a combination of parts from which
18 such a firearm can be assembled.
19 (i) Sells or gives a firearm of any size to any person
20 under 18 years of age who does not possess a valid Firearm
21 Owner's Identification Card.
22 (j) Sells or gives a firearm while engaged in the
23 business of selling firearms at wholesale or retail without
24 being licensed as a federal firearms dealer under Section
25 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
26 In this paragraph (j):

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

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1 Carry Act. This paragraph (k) does not apply to the
2 transfer of a firearm to a person who is exempt from the
3 requirement of possessing a Firearm Owner's Identification
4 Card under Section 2 of the Firearm Owners Identification
5 Card and Certificate of Firearm Registration Act. For the
6 purposes of this Section, a currently valid Firearm Owner's
7 Identification Card means (i) a Firearm Owner's
8 Identification Card that has not expired or (ii) an
9 approval number issued in accordance with subsection
10 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
11 Identification Card and Certificate of Firearm
12 Registration Act shall be proof that the Firearm Owner's
13 Identification Card was valid.
14 (1) In addition to the other requirements of this
15 paragraph (k), all persons who are not federally
16 licensed firearms dealers must also have complied with
17 subsection (a-10) of Section 3 of the Firearm Owners
18 Identification Card Act by determining the validity of
19 a purchaser's Firearm Owner's Identification Card.
20 (2) All sellers or transferors who have complied
21 with the requirements of subparagraph (1) of this
22 paragraph (k) shall not be liable for damages in any
23 civil action arising from the use or misuse by the
24 transferee of the firearm transferred, except for
25 willful or wanton misconduct on the part of the seller
26 or transferor.

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1 (l) Not being entitled to the possession of a firearm,
2 delivers the firearm, knowing it to have been stolen or
3 converted. It may be inferred that a person who possesses a
4 firearm with knowledge that its serial number has been
5 removed or altered has knowledge that the firearm is stolen
6 or converted.
7 (B) Paragraph (h) of subsection (A) does not include
8firearms sold within 6 months after enactment of Public Act
978-355 (approved August 21, 1973, effective October 1, 1973),
10nor is any firearm legally owned or possessed by any citizen or
11purchased by any citizen within 6 months after the enactment of
12Public Act 78-355 subject to confiscation or seizure under the
13provisions of that Public Act. Nothing in Public Act 78-355
14shall be construed to prohibit the gift or trade of any firearm
15if that firearm was legally held or acquired within 6 months
16after the enactment of that Public Act.
17 (C) Sentence.
18 (1) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (c), (e), (f), (g),
20 or (h) of subsection (A) commits a Class 4 felony.
21 (2) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (b) or (i) of
23 subsection (A) commits a Class 3 felony.
24 (3) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a) of subsection (A)
26 commits a Class 2 felony.

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

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1 housing agency as part of a scattered site or mixed-income
2 development, in a public park, in a courthouse, 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, or on any public way
8 within 1,000 feet of the real property comprising any
9 public park, courthouse, or residential property owned,
10 operated, or managed by a public housing agency or leased
11 by a public housing agency as part of a scattered site or
12 mixed-income development commits a Class 2 felony.
13 (6) Any person convicted of unlawful sale or delivery
14 of firearms in violation of paragraph (j) of subsection (A)
15 commits a Class A misdemeanor. A second or subsequent
16 violation is a Class 4 felony.
17 (7) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (k) of subsection (A)
19 commits a Class 4 felony, except that a violation of
20 subparagraph (1) of paragraph (k) of subsection (A) shall
21 not be punishable as a crime or petty offense. A third or
22 subsequent conviction for a violation of paragraph (k) of
23 subsection (A) is a Class 1 felony.
24 (8) A person 18 years of age or older convicted of
25 unlawful sale or delivery of firearms in violation of
26 paragraph (a) or (i) of subsection (A), when the firearm

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1 that was sold or given to another person under 18 years of
2 age was used in the commission of or attempt to commit a
3 forcible felony, shall be fined or imprisoned, or both, not
4 to exceed the maximum provided for the most serious
5 forcible felony so committed or attempted by the person
6 under 18 years of age who was sold or given the firearm.
7 (9) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (d) of subsection (A)
9 commits a Class 3 felony.
10 (10) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (l) of subsection (A)
12 commits a Class 2 felony if the delivery is of one firearm.
13 Any person convicted of unlawful sale or delivery of
14 firearms in violation of paragraph (l) of subsection (A)
15 commits a Class 1 felony if the delivery is of not less
16 than 2 and not more than 5 firearms at the same time or
17 within a one year period. Any person convicted of unlawful
18 sale or delivery of firearms in violation of paragraph (l)
19 of subsection (A) commits a Class X felony for which he or
20 she shall be sentenced to a term of imprisonment of not
21 less than 6 years and not more than 30 years if the
22 delivery is of not less than 6 and not more than 10
23 firearms at the same time or within a 2 year period. Any
24 person convicted of unlawful sale or delivery of firearms
25 in violation of paragraph (l) of subsection (A) commits a
26 Class X felony for which he or she shall be sentenced to a

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1 term of imprisonment of not less than 6 years and not more
2 than 40 years if the delivery is of not less than 11 and
3 not more than 20 firearms at the same time or within a 3
4 year period. Any person convicted of unlawful sale or
5 delivery of firearms in violation of paragraph (l) of
6 subsection (A) commits a Class X felony for which he or she
7 shall be sentenced to a term of imprisonment of not less
8 than 6 years and not more than 50 years if the delivery is
9 of not less than 21 and not more than 30 firearms at the
10 same time or within a 4 year period. Any person convicted
11 of unlawful sale or delivery of firearms in violation of
12 paragraph (l) of subsection (A) commits a Class X felony
13 for which he or she shall be sentenced to a term of
14 imprisonment of not less than 6 years and not more than 60
15 years if the delivery is of 31 or more firearms at the same
16 time or within a 5 year period.
17 (D) For purposes of this Section:
18 "School" means a public or private elementary or secondary
19school, community college, college, or university.
20 "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or in
23part by a school or school district.
24 (E) A prosecution for a violation of paragraph (k) of
25subsection (A) of this Section may be commenced within 6 years
26after the commission of the offense. A prosecution for a

SB2859- 137 -LRB099 16419 RLC 40752 b
1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
699-143, eff. 7-27-15; revised 10-16-15.)
7 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
8 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
9 (a) A person commits the offense of unlawful discharge of
10firearm projectiles when he or she knowingly or recklessly uses
11an armor piercing bullet, dragon's breath shotgun shell, bolo
12shell, or flechette shell in violation of this Section.
13 For purposes of this Section:
14 "Armor piercing bullet" means any handgun bullet or handgun
15ammunition with projectiles or projectile cores constructed
16entirely (excluding the presence of traces of other substances)
17from tungsten alloys, steel, iron, brass, bronze, beryllium
18copper or depleted uranium, or fully jacketed bullets larger
19than 22 caliber whose jacket has a weight of more than 25% of
20the total weight of the projectile, and excluding those handgun
21projectiles whose cores are composed of soft materials such as
22lead or lead alloys, zinc or zinc alloys, frangible projectiles
23designed primarily for sporting purposes, and any other
24projectiles or projectile cores that the U. S. Secretary of the
25Treasury finds to be primarily intended to be used for sporting

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1purposes or industrial purposes or that otherwise does not
2constitute "armor piercing ammunition" as that term is defined
3by federal law.
4 "Dragon's breath shotgun shell" means any shotgun shell
5that contains exothermic pyrophoric mesh metal as the
6projectile and is designed for the purpose of throwing or
7spewing a flame or fireball to simulate a flame-thrower.
8 "Bolo shell" means any shell that can be fired in a firearm
9and expels as projectiles 2 or more metal balls connected by
10solid metal wire.
11 "Flechette shell" means any shell that can be fired in a
12firearm and expels 2 or more pieces of fin-stabilized solid
13metal wire or 2 or more solid dart-type projectiles.
14 (b) A person commits a Class X felony when he or she,
15knowing that a firearm, as defined in Section 1.1 of the
16Firearm Owners Identification Card and Certificate of Firearm
17Registration Act, is loaded with an armor piercing bullet,
18dragon's breath shotgun shell, bolo shell, or flechette shell,
19intentionally or recklessly discharges such firearm and such
20bullet or shell strikes any other person.
21 (c) Any person who possesses, concealed on or about his or
22her person, an armor piercing bullet, dragon's breath shotgun
23shell, bolo shell, or flechette shell and a firearm suitable
24for the discharge thereof is guilty of a Class 2 felony.
25 (d) This Section does not apply to or affect any of the
26following:

SB2859- 139 -LRB099 16419 RLC 40752 b
1 (1) Peace officers;
2 (2) Wardens, superintendents and keepers of prisons,
3 penitentiaries, jails and other institutions for the
4 detention of persons accused or convicted of an offense;
5 (3) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard while in
7 the performance of their official duties;
8 (4) Federal officials required to carry firearms,
9 while engaged in the performance of their official duties;
10 (5) United States Marshals, while engaged in the
11 performance of their official duties.
12(Source: P.A. 92-423, eff. 1-1-02.)
13 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
14 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
15 (a) It shall be unlawful for any person who holds a license
16to sell at retail any alcoholic liquor issued by the Illinois
17Liquor Control Commission or local liquor control commissioner
18under the Liquor Control Act of 1934 or an agent or employee of
19the licensee to sell or deliver to any other person a firearm
20in or on the real property of the establishment where the
21licensee is licensed to sell alcoholic liquors unless the sale
22or delivery of the firearm is otherwise lawful under this
23Article and under the Firearm Owners Identification Card and
24Certificate of Firearm Registration Act.
25 (b) Sentence. A violation of subsection (a) of this Section

SB2859- 140 -LRB099 16419 RLC 40752 b
1is a Class 4 felony.
2(Source: P.A. 87-591.)
3 (720 ILCS 5/24-3.5)
4 Sec. 24-3.5. Unlawful purchase of a firearm.
5 (a) For purposes of this Section, "firearms transaction
6record form" means a form:
7 (1) executed by a transferee of a firearm stating: (i)
8 the transferee's name and address (including county or
9 similar political subdivision); (ii) whether the
10 transferee is a citizen of the United States; (iii) the
11 transferee's State of residence; and (iv) the date and
12 place of birth, height, weight, and race of the transferee;
13 and
14 (2) on which the transferee certifies that he or she is
15 not prohibited by federal law from transporting or shipping
16 a firearm in interstate or foreign commerce or receiving a
17 firearm that has been shipped or transported in interstate
18 or foreign commerce or possessing a firearm in or affecting
19 commerce.
20 (b) A person commits the offense of unlawful purchase of a
21firearm who knowingly purchases or attempts to purchase a
22firearm with the intent to deliver that firearm to another
23person who is prohibited by federal or State law from
24possessing a firearm.
25 (c) A person commits the offense of unlawful purchase of a

SB2859- 141 -LRB099 16419 RLC 40752 b
1firearm when he or she, in purchasing or attempting to purchase
2a firearm, intentionally provides false or misleading
3information on a United States Department of the Treasury,
4Bureau of Alcohol, Tobacco and Firearms firearms transaction
5record form.
6 (d) Exemption. It is not a violation of subsection (b) of
7this Section for a person to make a gift or loan of a firearm to
8a person who is not prohibited by federal or State law from
9possessing a firearm if the transfer of the firearm is made in
10accordance with Section 3 of the Firearm Owners Identification
11Card and Certificate of Firearm Registration Act.
12 (e) Sentence.
13 (1) A person who commits the offense of unlawful
14 purchase of a firearm:
15 (A) is guilty of a Class 2 felony for purchasing or
16 attempting to purchase one firearm;
17 (B) is guilty of a Class 1 felony for purchasing or
18 attempting to purchase not less than 2 firearms and not
19 more than 5 firearms at the same time or within a one
20 year period;
21 (C) is guilty of a Class X felony for which the
22 offender shall be sentenced to a term of imprisonment
23 of not less than 9 years and not more than 40 years for
24 purchasing or attempting to purchase not less than 6
25 firearms at the same time or within a 2 year period.
26 (2) In addition to any other penalty that may be

SB2859- 142 -LRB099 16419 RLC 40752 b
1 imposed for a violation of this Section, the court may
2 sentence a person convicted of a violation of subsection
3 (c) of this Section to a fine not to exceed $250,000 for
4 each violation.
5 (f) A prosecution for unlawful purchase of a firearm may be
6commenced within 6 years after the commission of the offense.
7(Source: P.A. 95-882, eff. 1-1-09.)
8 (720 ILCS 5/24-9)
9 Sec. 24-9. Firearms; Child Protection.
10 (a) Except as provided in subsection (c), it is unlawful
11for any person to store or leave, within premises under his or
12her control, a firearm if the person knows or has reason to
13believe that a minor under the age of 14 years who does not
14have a Firearm Owners Identification Card is likely to gain
15access to the firearm without the lawful permission of the
16minor's parent, guardian, or person having charge of the minor,
17and the minor causes death or great bodily harm with the
18firearm, unless the firearm is:
19 (1) secured by a device or mechanism, other than the
20 firearm safety, designed to render a firearm temporarily
21 inoperable; or
22 (2) placed in a securely locked box or container; or
23 (3) placed in some other location that a reasonable
24 person would believe to be secure from a minor under the
25 age of 14 years.

SB2859- 143 -LRB099 16419 RLC 40752 b
1 (b) Sentence. A person who violates this Section is guilty
2of a Class C misdemeanor and shall be fined not less than
3$1,000. A second or subsequent violation of this Section is a
4Class A misdemeanor.
5 (c) Subsection (a) does not apply:
6 (1) if the minor under 14 years of age gains access to
7 a firearm and uses it in a lawful act of self-defense or
8 defense of another; or
9 (2) to any firearm obtained by a minor under the age of
10 14 because of an unlawful entry of the premises by the
11 minor or another person.
12 (d) For the purposes of this Section, "firearm" has the
13meaning ascribed to it in Section 1.1 of the Firearm Owners
14Identification Card and Certificate of Firearm Registration
15Act.
16(Source: P.A. 91-18, eff. 1-1-00.)
17 Section 70. The Methamphetamine Control and Community
18Protection Act is amended by changing Section 10 as follows:
19 (720 ILCS 646/10)
20 Sec. 10. Definitions. As used in this Act:
21 "Anhydrous ammonia" has the meaning provided in subsection
22(d) of Section 3 of the Illinois Fertilizer Act of 1961.
23 "Anhydrous ammonia equipment" means all items used to
24store, hold, contain, handle, transfer, transport, or apply

SB2859- 144 -LRB099 16419 RLC 40752 b
1anhydrous ammonia for lawful purposes.
2 "Booby trap" means any device designed to cause physical
3injury when triggered by an act of a person approaching,
4entering, or moving through a structure, a vehicle, or any
5location where methamphetamine has been manufactured, is being
6manufactured, or is intended to be manufactured.
7 "Deliver" or "delivery" has the meaning provided in
8subsection (h) of Section 102 of the Illinois Controlled
9Substances Act.
10 "Director" means the Director of State Police or the
11Director's designated agents.
12 "Dispose" or "disposal" means to abandon, discharge,
13release, deposit, inject, dump, spill, leak, or place
14methamphetamine waste onto or into any land, water, or well of
15any type so that the waste has the potential to enter the
16environment, be emitted into the air, or be discharged into the
17soil or any waters, including groundwater.
18 "Emergency response" means the act of collecting evidence
19from or securing a methamphetamine laboratory site,
20methamphetamine waste site or other methamphetamine-related
21site and cleaning up the site, whether these actions are
22performed by public entities or private contractors paid by
23public entities.
24 "Emergency service provider" means a local, State, or
25federal peace officer, firefighter, emergency medical
26technician-ambulance, emergency medical

SB2859- 145 -LRB099 16419 RLC 40752 b
1technician-intermediate, emergency medical
2technician-paramedic, ambulance driver, or other medical or
3first aid personnel rendering aid, or any agent or designee of
4the foregoing.
5 "Finished methamphetamine" means methamphetamine in a form
6commonly used for personal consumption.
7 "Firearm" has the meaning provided in Section 1.1 of the
8Firearm Owners Identification Card and Certificate of Firearm
9Registration Act.
10 "Manufacture" means to produce, prepare, compound,
11convert, process, synthesize, concentrate, purify, separate,
12extract, or package any methamphetamine, methamphetamine
13precursor, methamphetamine manufacturing catalyst,
14methamphetamine manufacturing reagent, methamphetamine
15manufacturing solvent, or any substance containing any of the
16foregoing.
17 "Methamphetamine" means the chemical methamphetamine (a
18Schedule II controlled substance under the Illinois Controlled
19Substances Act) or any salt, optical isomer, salt of optical
20isomer, or analog thereof, with the exception of
213,4-Methylenedioxymethamphetamine (MDMA) or any other
22scheduled substance with a separate listing under the Illinois
23Controlled Substances Act.
24 "Methamphetamine manufacturing catalyst" means any
25substance that has been used, is being used, or is intended to
26be used to activate, accelerate, extend, or improve a chemical

SB2859- 146 -LRB099 16419 RLC 40752 b
1reaction involved in the manufacture of methamphetamine.
2 "Methamphetamine manufacturing environment" means a
3structure or vehicle in which:
4 (1) methamphetamine is being or has been manufactured;
5 (2) chemicals that are being used, have been used, or
6 are intended to be used to manufacture methamphetamine are
7 stored;
8 (3) methamphetamine manufacturing materials that have
9 been used to manufacture methamphetamine are stored; or
10 (4) methamphetamine manufacturing waste is stored.
11 "Methamphetamine manufacturing material" means any
12methamphetamine precursor, substance containing any
13methamphetamine precursor, methamphetamine manufacturing
14catalyst, substance containing any methamphetamine
15manufacturing catalyst, methamphetamine manufacturing reagent,
16substance containing any methamphetamine manufacturing
17reagent, methamphetamine manufacturing solvent, substance
18containing any methamphetamine manufacturing solvent, or any
19other chemical, substance, ingredient, equipment, apparatus,
20or item that is being used, has been used, or is intended to be
21used in the manufacture of methamphetamine.
22 "Methamphetamine manufacturing reagent" means any
23substance other than a methamphetamine manufacturing catalyst
24that has been used, is being used, or is intended to be used to
25react with and chemically alter any methamphetamine precursor.
26 "Methamphetamine manufacturing solvent" means any

SB2859- 147 -LRB099 16419 RLC 40752 b
1substance that has been used, is being used, or is intended to
2be used as a medium in which any methamphetamine precursor,
3methamphetamine manufacturing catalyst, methamphetamine
4manufacturing reagent, or any substance containing any of the
5foregoing is dissolved, diluted, or washed during any part of
6the methamphetamine manufacturing process.
7 "Methamphetamine manufacturing waste" means any chemical,
8substance, ingredient, equipment, apparatus, or item that is
9left over from, results from, or is produced by the process of
10manufacturing methamphetamine, other than finished
11methamphetamine.
12 "Methamphetamine precursor" means ephedrine,
13pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
14phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
15isomer, or salt of an optical isomer of any of these chemicals.
16 "Multi-unit dwelling" means a unified structure used or
17intended for use as a habitation, home, or residence that
18contains 2 or more condominiums, apartments, hotel rooms, motel
19rooms, or other living units.
20 "Package" means an item marked for retail sale that is not
21designed to be further broken down or subdivided for the
22purpose of retail sale.
23 "Participate" or "participation" in the manufacture of
24methamphetamine means to produce, prepare, compound, convert,
25process, synthesize, concentrate, purify, separate, extract,
26or package any methamphetamine, methamphetamine precursor,

SB2859- 148 -LRB099 16419 RLC 40752 b
1methamphetamine manufacturing catalyst, methamphetamine
2manufacturing reagent, methamphetamine manufacturing solvent,
3or any substance containing any of the foregoing, or to assist
4in any of these actions, or to attempt to take any of these
5actions, regardless of whether this action or these actions
6result in the production of finished methamphetamine.
7 "Person with a disability" means a person who suffers from
8a permanent physical or mental impairment resulting from
9disease, injury, functional disorder, or congenital condition
10which renders the person incapable of adequately providing for
11his or her own health and personal care.
12 "Procure" means to purchase, steal, gather, or otherwise
13obtain, by legal or illegal means, or to cause another to take
14such action.
15 "Second or subsequent offense" means an offense under this
16Act committed by an offender who previously committed an
17offense under this Act, the Illinois Controlled Substances Act,
18the Cannabis Control Act, or another Act of this State, another
19state, or the United States relating to methamphetamine,
20cannabis, or any other controlled substance.
21 "Standard dosage form", as used in relation to any
22methamphetamine precursor, means that the methamphetamine
23precursor is contained in a pill, tablet, capsule, caplet, gel
24cap, or liquid cap that has been manufactured by a lawful
25entity and contains a standard quantity of methamphetamine
26precursor.

SB2859- 149 -LRB099 16419 RLC 40752 b
1 "Unauthorized container", as used in relation to anhydrous
2ammonia, means any container that is not designed for the
3specific and sole purpose of holding, storing, transporting, or
4applying anhydrous ammonia. "Unauthorized container" includes,
5but is not limited to, any propane tank, fire extinguisher,
6oxygen cylinder, gasoline can, food or beverage cooler, or
7compressed gas cylinder used in dispensing fountain drinks.
8"Unauthorized container" does not encompass anhydrous ammonia
9manufacturing plants, refrigeration systems where anhydrous
10ammonia is used solely as a refrigerant, anhydrous ammonia
11transportation pipelines, anhydrous ammonia tankers, or
12anhydrous ammonia barges.
13(Source: P.A. 97-434, eff. 1-1-12.)
14 Section 75. The Code of Criminal Procedure of 1963 is
15amended by changing Section 112A-14 as follows:
16 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
17 Sec. 112A-14. Order of protection; remedies.
18 (a) Issuance of order. If the court finds that petitioner
19has been abused by a family or household member, as defined in
20this Article, an order of protection prohibiting such abuse
21shall issue; provided that petitioner must also satisfy the
22requirements of one of the following Sections, as appropriate:
23Section 112A-17 on emergency orders, Section 112A-18 on interim
24orders, or Section 112A-19 on plenary orders. Petitioner shall

SB2859- 150 -LRB099 16419 RLC 40752 b
1not be denied an order of protection because petitioner or
2respondent is a minor. The court, when determining whether or
3not to issue an order of protection, shall not require physical
4manifestations of abuse on the person of the victim.
5Modification and extension of prior orders of protection shall
6be in accordance with this Article.
7 (b) Remedies and standards. The remedies to be included in
8an order of protection shall be determined in accordance with
9this Section and one of the following Sections, as appropriate:
10Section 112A-17 on emergency orders, Section 112A-18 on interim
11orders, and Section 112A-19 on plenary orders. The remedies
12listed in this subsection shall be in addition to other civil
13or criminal remedies available to petitioner.
14 (1) Prohibition of abuse. Prohibit respondent's
15 harassment, interference with personal liberty,
16 intimidation of a dependent, physical abuse or willful
17 deprivation, as defined in this Article, if such abuse has
18 occurred or otherwise appears likely to occur if not
19 prohibited.
20 (2) Grant of exclusive possession of residence.
21 Prohibit respondent from entering or remaining in any
22 residence, household, or premises of the petitioner,
23 including one owned or leased by respondent, if petitioner
24 has a right to occupancy thereof. The grant of exclusive
25 possession of the residence, household, or premises shall
26 not affect title to real property, nor shall the court be

SB2859- 151 -LRB099 16419 RLC 40752 b
1 limited by the standard set forth in Section 701 of the
2 Illinois Marriage and Dissolution of Marriage Act.
3 (A) Right to occupancy. A party has a right to
4 occupancy of a residence or household if it is solely
5 or jointly owned or leased by that party, that party's
6 spouse, a person with a legal duty to support that
7 party or a minor child in that party's care, or by any
8 person or entity other than the opposing party that
9 authorizes that party's occupancy (e.g., a domestic
10 violence shelter). Standards set forth in subparagraph
11 (B) shall not preclude equitable relief.
12 (B) Presumption of hardships. If petitioner and
13 respondent each has the right to occupancy of a
14 residence or household, the court shall balance (i) the
15 hardships to respondent and any minor child or
16 dependent adult in respondent's care resulting from
17 entry of this remedy with (ii) the hardships to
18 petitioner and any minor child or dependent adult in
19 petitioner's care resulting from continued exposure to
20 the risk of abuse (should petitioner remain at the
21 residence or household) or from loss of possession of
22 the residence or household (should petitioner leave to
23 avoid the risk of abuse). When determining the balance
24 of hardships, the court shall also take into account
25 the accessibility of the residence or household.
26 Hardships need not be balanced if respondent does not

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

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1 may allow respondent access to the residence to remove
2 items of clothing and personal adornment used exclusively
3 by respondent, medications, and other items as the court
4 directs. The right to access shall be exercised on only one
5 occasion as the court directs and in the presence of an
6 agreed-upon adult third party or law enforcement officer.
7 (4) Counseling. Require or recommend the respondent to
8 undergo counseling for a specified duration with a social
9 worker, psychologist, clinical psychologist, psychiatrist,
10 family service agency, alcohol or substance abuse program,
11 mental health center guidance counselor, agency providing
12 services to elders, program designed for domestic violence
13 abusers or any other guidance service the court deems
14 appropriate. The court may order the respondent in any
15 intimate partner relationship to report to an Illinois
16 Department of Human Services protocol approved partner
17 abuse intervention program for an assessment and to follow
18 all recommended treatment.
19 (5) Physical care and possession of the minor child. In
20 order to protect the minor child from abuse, neglect, or
21 unwarranted separation from the person who has been the
22 minor child's primary caretaker, or to otherwise protect
23 the well-being of the minor child, the court may do either
24 or both of the following: (i) grant petitioner physical
25 care or possession of the minor child, or both, or (ii)
26 order respondent to return a minor child to, or not remove

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1 a minor child from, the physical care of a parent or person
2 in loco parentis.
3 If a court finds, after a hearing, that respondent has
4 committed abuse (as defined in Section 112A-3) of a minor
5 child, there shall be a rebuttable presumption that
6 awarding physical care to respondent would not be in the
7 minor child's best interest.
8 (6) Temporary legal custody. Award temporary legal
9 custody to petitioner in accordance with this Section, the
10 Illinois Marriage and Dissolution of Marriage Act, the
11 Illinois Parentage Act of 2015, and this State's Uniform
12 Child-Custody Jurisdiction and Enforcement Act.
13 If a court finds, after a hearing, that respondent has
14 committed abuse (as defined in Section 112A-3) of a minor
15 child, there shall be a rebuttable presumption that
16 awarding temporary legal custody to respondent would not be
17 in the child's best interest.
18 (7) Visitation. Determine the visitation rights, if
19 any, of respondent in any case in which the court awards
20 physical care or temporary legal custody of a minor child
21 to petitioner. The court shall restrict or deny
22 respondent's visitation with a minor child if the court
23 finds that respondent has done or is likely to do any of
24 the following: (i) abuse or endanger the minor child during
25 visitation; (ii) use the visitation as an opportunity to
26 abuse or harass petitioner or petitioner's family or

SB2859- 155 -LRB099 16419 RLC 40752 b
1 household members; (iii) improperly conceal or detain the
2 minor child; or (iv) otherwise act in a manner that is not
3 in the best interests of the minor child. The court shall
4 not be limited by the standards set forth in Section 607.1
5 of the Illinois Marriage and Dissolution of Marriage Act.
6 If the court grants visitation, the order shall specify
7 dates and times for the visitation to take place or other
8 specific parameters or conditions that are appropriate. No
9 order for visitation shall refer merely to the term
10 "reasonable visitation".
11 Petitioner may deny respondent access to the minor
12 child if, when respondent arrives for visitation,
13 respondent is under the influence of drugs or alcohol and
14 constitutes a threat to the safety and well-being of
15 petitioner or petitioner's minor children or is behaving in
16 a violent or abusive manner.
17 If necessary to protect any member of petitioner's
18 family or household from future abuse, respondent shall be
19 prohibited from coming to petitioner's residence to meet
20 the minor child for visitation, and the parties shall
21 submit to the court their recommendations for reasonable
22 alternative arrangements for visitation. A person may be
23 approved to supervise visitation only after filing an
24 affidavit accepting that responsibility and acknowledging
25 accountability to the court.
26 (8) Removal or concealment of minor child. Prohibit

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

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

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

SB2859- 159 -LRB099 16419 RLC 40752 b
1 property distribution from the other party under the
2 Illinois Marriage and Dissolution of Marriage Act, as
3 now or hereafter amended, the court may order
4 respondent to reimburse petitioner's actual losses, to
5 the extent that such reimbursement would be
6 "appropriate temporary relief", as authorized by
7 subsection (a)(3) of Section 501 of that Act.
8 (ii) Recovery of expenses. In the case of an
9 improper concealment or removal of a minor child, the
10 court may order respondent to pay the reasonable
11 expenses incurred or to be incurred in the search for
12 and recovery of the minor child, including but not
13 limited to legal fees, court costs, private
14 investigator fees, and travel costs.
15 (14) Prohibition of entry. Prohibit the respondent
16 from entering or remaining in the residence or household
17 while the respondent is under the influence of alcohol or
18 drugs and constitutes a threat to the safety and well-being
19 of the petitioner or the petitioner's children.
20 (14.5) Prohibition of firearm possession.
21 (A) A person who is subject to an existing order of
22 protection, interim order of protection, emergency
23 order of protection, or plenary order of protection,
24 issued under this Code may not lawfully possess weapons
25 under Section 8.2 of the Firearm Owners Identification
26 Card and Certificate of Firearm Registration Act.

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1 (B) Any firearms in the possession of the
2 respondent, except as provided in subparagraph (C) of
3 this paragraph (14.5), shall be ordered by the court to
4 be turned over to a person with a valid Firearm Owner's
5 Identification Card for safekeeping. The court shall
6 issue an order that the respondent's Firearm Owner's
7 Identification Card be turned over to the local law
8 enforcement agency, which in turn shall immediately
9 mail the card to the Department of State Police Firearm
10 Owner's Identification Card Office for safekeeping.
11 The period of safekeeping shall be for the duration of
12 the order of protection. The firearm or firearms and
13 Firearm Owner's Identification Card, if unexpired,
14 shall at the respondent's request be returned to the
15 respondent at expiration of the order of protection.
16 (C) 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 (D) 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

SB2859- 161 -LRB099 16419 RLC 40752 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 112A-5, 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

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

SB2859- 163 -LRB099 16419 RLC 40752 b
1 (2) In comparing relative hardships resulting to the
2 parties from loss of possession of the family home, the
3 court shall consider relevant factors, including but not
4 limited to the following:
5 (i) availability, accessibility, cost, safety,
6 adequacy, location and other characteristics of
7 alternate housing for each party and any minor child or
8 dependent adult in the party's care;
9 (ii) the effect on the party's employment; and
10 (iii) the effect on the relationship of the party,
11 and any minor child or dependent adult in the party's
12 care, to family, school, church and community.
13 (3) Subject to the exceptions set forth in paragraph
14 (4) of this subsection, the court shall make its findings
15 in an official record or in writing, and shall at a minimum
16 set forth the following:
17 (i) That the court has considered the applicable
18 relevant factors described in paragraphs (1) and (2) of
19 this subsection.
20 (ii) Whether the conduct or actions of respondent,
21 unless prohibited, will likely cause irreparable harm
22 or continued abuse.
23 (iii) Whether it is necessary to grant the
24 requested relief in order to protect petitioner or
25 other alleged abused persons.
26 (4) For purposes of issuing an ex parte emergency order

SB2859- 164 -LRB099 16419 RLC 40752 b
1 of protection, the court, as an alternative to or as a
2 supplement to making the findings described in paragraphs
3 (c)(3)(i) through (c)(3)(iii) of this subsection, may use
4 the following procedure:
5 When a verified petition for an emergency order of
6 protection in accordance with the requirements of Sections
7 112A-5 and 112A-17 is presented to the court, the court
8 shall examine petitioner on oath or affirmation. An
9 emergency order of protection shall be issued by the court
10 if it appears from the contents of the petition and the
11 examination of petitioner that the averments are
12 sufficient to indicate abuse by respondent and to support
13 the granting of relief under the issuance of the emergency
14 order of protection.
15 (5) Never married parties. No rights or
16 responsibilities for a minor child born outside of marriage
17 attach to a putative father until a father and child
18 relationship has been established under the Illinois
19 Parentage Act of 1984 or under the Illinois Parentage Act
20 of 2015 on and after the effective date of that Act. Absent
21 such an adjudication, no putative father shall be granted
22 temporary custody of the minor child, visitation with the
23 minor child, or physical care and possession of the minor
24 child, nor shall an order of payment for support of the
25 minor child be entered.
26 (d) Balance of hardships; findings. If the court finds that

SB2859- 165 -LRB099 16419 RLC 40752 b
1the balance of hardships does not support the granting of a
2remedy governed by paragraph (2), (3), (10), (11), or (16) of
3subsection (b) of this Section, which may require such
4balancing, the court's findings shall so indicate and shall
5include a finding as to whether granting the remedy will result
6in hardship to respondent that would substantially outweigh the
7hardship to petitioner from denial of the remedy. The findings
8shall be an official record or in writing.
9 (e) Denial of remedies. Denial of any remedy shall not be
10based, in whole or in part, on evidence that:
11 (1) Respondent has cause for any use of force, unless
12 that cause satisfies the standards for justifiable use of
13 force provided by Article 7 of the Criminal Code of 2012;
14 (2) Respondent was voluntarily intoxicated;
15 (3) Petitioner acted in self-defense or defense of
16 another, provided that, if petitioner utilized force, such
17 force was justifiable under Article 7 of the Criminal Code
18 of 2012;
19 (4) Petitioner did not act in self-defense or defense
20 of another;
21 (5) Petitioner left the residence or household to avoid
22 further abuse by respondent;
23 (6) Petitioner did not leave the residence or household
24 to avoid further abuse by respondent;
25 (7) Conduct by any family or household member excused
26 the abuse by respondent, unless that same conduct would

SB2859- 166 -LRB099 16419 RLC 40752 b
1 have excused such abuse if the parties had not been family
2 or household members.
3(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
4 Section 80. The Unified Code of Corrections is amended by
5changing Sections 5-5-3 and 5-5-3.2 as follows:
6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
7 Sec. 5-5-3. Disposition.
8 (a) (Blank).
9 (b) (Blank).
10 (c) (1) (Blank).
11 (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17 (A) First degree murder where the death penalty is not
18 imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) A violation of Section 401.1 or 407 of the Illinois
22 Controlled Substances Act, or a violation of subdivision
23 (c)(1.5) or (c)(2) of Section 401 of that Act which relates
24 to more than 5 grams of a substance containing cocaine,

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1 fentanyl, or an analog thereof.
2 (D-5) A violation of subdivision (c)(1) of Section 401
3 of the Illinois Controlled Substances Act which relates to
4 3 or more grams of a substance containing heroin or an
5 analog thereof.
6 (E) A violation of Section 5.1 or 9 of the Cannabis
7 Control Act.
8 (F) A Class 2 or greater felony if the offender had
9 been convicted of a Class 2 or greater felony, including
10 any state or federal conviction for an offense that
11 contained, at the time it was committed, the same elements
12 as an offense now (the date of the offense committed after
13 the prior Class 2 or greater felony) classified as a Class
14 2 or greater felony, within 10 years of the date on which
15 the offender committed the offense for which he or she is
16 being sentenced, except as otherwise provided in Section
17 40-10 of the Alcoholism and Other Drug Abuse and Dependency
18 Act.
19 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
20 the Criminal Code of 1961 or the Criminal Code of 2012 for
21 which imprisonment is prescribed in those Sections.
22 (G) Residential burglary, except as otherwise provided
23 in Section 40-10 of the Alcoholism and Other Drug Abuse and
24 Dependency Act.
25 (H) Criminal sexual assault.
26 (I) Aggravated battery of a senior citizen as described

SB2859- 168 -LRB099 16419 RLC 40752 b
1 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
2 of the Criminal Code of 1961 or the Criminal Code of 2012.
3 (J) A forcible felony if the offense was related to the
4 activities of an organized gang.
5 Before July 1, 1994, for the purposes of this
6 paragraph, "organized gang" means an association of 5 or
7 more persons, with an established hierarchy, that
8 encourages members of the association to perpetrate crimes
9 or provides support to the members of the association who
10 do commit crimes.
11 Beginning July 1, 1994, for the purposes of this
12 paragraph, "organized gang" has the meaning ascribed to it
13 in Section 10 of the Illinois Streetgang Terrorism Omnibus
14 Prevention Act.
15 (K) Vehicular hijacking.
16 (L) A second or subsequent conviction for the offense
17 of hate crime when the underlying offense upon which the
18 hate crime is based is felony aggravated assault or felony
19 mob action.
20 (M) A second or subsequent conviction for the offense
21 of institutional vandalism if the damage to the property
22 exceeds $300.
23 (N) A Class 3 felony violation of paragraph (1) of
24 subsection (a) of Section 2 of the Firearm Owners
25 Identification Card and Certificate of Firearm
26 Registration Act.

SB2859- 169 -LRB099 16419 RLC 40752 b
1 (O) A violation of Section 12-6.1 or 12-6.5 of the
2 Criminal Code of 1961 or the Criminal Code of 2012.
3 (P) A violation of paragraph (1), (2), (3), (4), (5),
4 or (7) of subsection (a) of Section 11-20.1 of the Criminal
5 Code of 1961 or the Criminal Code of 2012.
6 (Q) A violation of subsection (b) or (b-5) of Section
7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (R) A violation of Section 24-3A of the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11 (S) (Blank).
12 (T) A second or subsequent violation of the
13 Methamphetamine Control and Community Protection Act.
14 (U) A second or subsequent violation of Section 6-303
15 of the Illinois Vehicle Code committed while his or her
16 driver's license, permit, or privilege was revoked because
17 of a violation of Section 9-3 of the Criminal Code of 1961
18 or the Criminal Code of 2012, relating to the offense of
19 reckless homicide, or a similar provision of a law of
20 another state.
21 (V) A violation of paragraph (4) of subsection (c) of
22 Section 11-20.1B or paragraph (4) of subsection (c) of
23 Section 11-20.3 of the Criminal Code of 1961, or paragraph
24 (6) of subsection (a) of Section 11-20.1 of the Criminal
25 Code of 2012 when the victim is under 13 years of age and
26 the defendant has previously been convicted under the laws

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

SB2859- 171 -LRB099 16419 RLC 40752 b
1 $500,000 or more.
2 (DD) A conviction for aggravated assault under
3 paragraph (6) of subsection (c) of Section 12-2 of the
4 Criminal Code of 1961 or the Criminal Code of 2012 if the
5 firearm is aimed toward the person against whom the firearm
6 is being used.
7 (3) (Blank).
8 (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12 (4.1) (Blank).
13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17 (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21 (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment of
2330 days or 300 hours of community service, as determined by the
24court, shall be imposed for a third or subsequent violation of
25Section 6-303 of the Illinois Vehicle Code.
26 (4.5) A minimum term of imprisonment of 30 days shall be

SB2859- 172 -LRB099 16419 RLC 40752 b
1imposed for a third violation of subsection (c) of Section
26-303 of the Illinois Vehicle Code.
3 (4.6) Except as provided in paragraph (4.10) of this
4subsection (c), a minimum term of imprisonment of 180 days
5shall be imposed for a fourth or subsequent violation of
6subsection (c) of Section 6-303 of the Illinois Vehicle Code.
7 (4.7) A minimum term of imprisonment of not less than 30
8consecutive days, or 300 hours of community service, shall be
9imposed for a violation of subsection (a-5) of Section 6-303 of
10the Illinois Vehicle Code, as provided in subsection (b-5) of
11that Section.
12 (4.8) A mandatory prison sentence shall be imposed for a
13second violation of subsection (a-5) of Section 6-303 of the
14Illinois Vehicle Code, as provided in subsection (c-5) of that
15Section. The person's driving privileges shall be revoked for a
16period of not less than 5 years from the date of his or her
17release from prison.
18 (4.9) A mandatory prison sentence of not less than 4 and
19not more than 15 years shall be imposed for a third violation
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle
21Code, as provided in subsection (d-2.5) of that Section. The
22person's driving privileges shall be revoked for the remainder
23of his or her life.
24 (4.10) A mandatory prison sentence for a Class 1 felony
25shall be imposed, and the person shall be eligible for an
26extended term sentence, for a fourth or subsequent violation of

SB2859- 173 -LRB099 16419 RLC 40752 b
1subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
2as provided in subsection (d-3.5) of that Section. The person's
3driving privileges shall be revoked for the remainder of his or
4her life.
5 (5) The court may sentence a corporation or unincorporated
6association convicted of any offense to:
7 (A) a period of conditional discharge;
8 (B) a fine;
9 (C) make restitution to the victim under Section 5-5-6
10 of this Code.
11 (5.1) In addition to any other penalties imposed, and
12except as provided in paragraph (5.2) or (5.3), a person
13convicted of violating subsection (c) of Section 11-907 of the
14Illinois Vehicle Code shall have his or her driver's license,
15permit, or privileges suspended for at least 90 days but not
16more than one year, if the violation resulted in damage to the
17property of another person.
18 (5.2) In addition to any other penalties imposed, and
19except as provided in paragraph (5.3), a person convicted of
20violating subsection (c) of Section 11-907 of the Illinois
21Vehicle Code shall have his or her driver's license, permit, or
22privileges suspended for at least 180 days but not more than 2
23years, if the violation resulted in injury to another person.
24 (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

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1permit, or privileges suspended for 2 years, if the violation
2resulted in the death of another person.
3 (5.4) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code shall have his or her driver's license, permit, or
6privileges suspended for 3 months and until he or she has paid
7a reinstatement fee of $100.
8 (5.5) In addition to any other penalties imposed, a person
9convicted of violating Section 3-707 of the Illinois Vehicle
10Code during a period in which his or her driver's license,
11permit, or privileges were suspended for a previous violation
12of that Section shall have his or her driver's license, permit,
13or privileges suspended for an additional 6 months after the
14expiration of the original 3-month suspension and until he or
15she has paid a reinstatement fee of $100.
16 (6) (Blank).
17 (7) (Blank).
18 (8) (Blank).
19 (9) A defendant convicted of a second or subsequent offense
20of ritualized abuse of a child may be sentenced to a term of
21natural life imprisonment.
22 (10) (Blank).
23 (11) The court shall impose a minimum fine of $1,000 for a
24first offense and $2,000 for a second or subsequent offense
25upon a person convicted of or placed on supervision for battery
26when the individual harmed was a sports official or coach at

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1any level of competition and the act causing harm to the sports
2official or coach occurred within an athletic facility or
3within the immediate vicinity of the athletic facility at which
4the sports official or coach was an active participant of the
5athletic contest held at the athletic facility. For the
6purposes of this paragraph (11), "sports official" means a
7person at an athletic contest who enforces the rules of the
8contest, such as an umpire or referee; "athletic facility"
9means an indoor or outdoor playing field or recreational area
10where sports activities are conducted; and "coach" means a
11person recognized as a coach by the sanctioning authority that
12conducted the sporting event.
13 (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18 (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

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

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1 (A) the defendant is willing to undergo a court
2 approved counseling program for a minimum duration of 2
3 years; or
4 (B) the defendant is willing to participate in a
5 court approved plan including but not limited to the
6 defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the victim;
12 and
13 (v) compliance with any other measures that
14 the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the court
17 finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of paying
19 for such services, if the victim was under 18 years of age
20 at the time the offense was committed and requires
21 counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
235-6-4; except where the court determines at the hearing that
24the defendant violated a condition of his or her probation
25restricting contact with the victim or other family members or
26commits another offense with the victim or other family

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1members, the court shall revoke the defendant's probation and
2impose a term of imprisonment.
3 For the purposes of this Section, "family member" and
4"victim" shall have the meanings ascribed to them in Section
511-0.1 of the Criminal Code of 2012.
6 (f) (Blank).
7 (g) Whenever a defendant is convicted of an offense under
8Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
911-14.3, 11-14.4 except for an offense that involves keeping a
10place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, the defendant shall undergo medical
14testing to determine whether the defendant has any sexually
15transmissible disease, including a test for infection with
16human immunodeficiency virus (HIV) or any other identified
17causative agent of acquired immunodeficiency syndrome (AIDS).
18Any such medical test shall be performed only by appropriately
19licensed medical practitioners and may include an analysis of
20any bodily fluids as well as an examination of the defendant's
21person. Except as otherwise provided by law, the results of
22such test shall be kept strictly confidential by all medical
23personnel involved in the testing and must be personally
24delivered in a sealed envelope to the judge of the court in
25which the conviction was entered for the judge's inspection in
26camera. Acting in accordance with the best interests of the

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

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

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1obtain the results of any HIV test administered under this
2Section, and the court shall grant the disclosure if the
3State's Attorney shows it is relevant in order to prosecute a
4charge of criminal transmission of HIV under Section 12-5.01 or
512-16.2 of the Criminal Code of 1961 or the Criminal Code of
62012 against the defendant. The court shall order that the cost
7of any such test shall be paid by the county and may be taxed as
8costs against the convicted defendant.
9 (i) All fines and penalties imposed under this Section for
10any violation of Chapters 3, 4, 6, and 11 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, and
12any violation of the Child Passenger Protection Act, or a
13similar provision of a local ordinance, shall be collected and
14disbursed by the circuit clerk as provided under Section 27.5
15of the Clerks of Courts Act.
16 (j) In cases when prosecution for any violation of Section
1711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
22Code of 2012, any violation of the Illinois Controlled
23Substances Act, any violation of the Cannabis Control Act, or
24any violation of the Methamphetamine Control and Community
25Protection Act results in conviction, a disposition of court
26supervision, or an order of probation granted under Section 10

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1of the Cannabis Control Act, Section 410 of the Illinois
2Controlled Substances Act, or Section 70 of the Methamphetamine
3Control and Community Protection Act of a defendant, the court
4shall determine whether the defendant is employed by a facility
5or center as defined under the Child Care Act of 1969, a public
6or private elementary or secondary school, or otherwise works
7with children under 18 years of age on a daily basis. When a
8defendant is so employed, the court shall order the Clerk of
9the Court to send a copy of the judgment of conviction or order
10of supervision or probation to the defendant's employer by
11certified mail. If the employer of the defendant is a school,
12the Clerk of the Court shall direct the mailing of a copy of
13the judgment of conviction or order of supervision or probation
14to the appropriate regional superintendent of schools. The
15regional superintendent of schools shall notify the State Board
16of Education of any notification under this subsection.
17 (j-5) A defendant at least 17 years of age who is convicted
18of a felony and who has not been previously convicted of a
19misdemeanor or felony and who is sentenced to a term of
20imprisonment in the Illinois Department of Corrections shall as
21a condition of his or her sentence be required by the court to
22attend educational courses designed to prepare the defendant
23for a high school diploma and to work toward a high school
24diploma or to work toward passing high school equivalency
25testing or to work toward completing a vocational training
26program offered by the Department of Corrections. If a

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1defendant fails to complete the educational training required
2by his or her sentence during the term of incarceration, the
3Prisoner Review Board shall, as a condition of mandatory
4supervised release, require the defendant, at his or her own
5expense, to pursue a course of study toward a high school
6diploma or passage of high school equivalency testing. The
7Prisoner Review Board shall revoke the mandatory supervised
8release of a defendant who wilfully fails to comply with this
9subsection (j-5) upon his or her release from confinement in a
10penal institution while serving a mandatory supervised release
11term; however, the inability of the defendant after making a
12good faith effort to obtain financial aid or pay for the
13educational training shall not be deemed a wilful failure to
14comply. The Prisoner Review Board shall recommit the defendant
15whose mandatory supervised release term has been revoked under
16this subsection (j-5) as provided in Section 3-3-9. This
17subsection (j-5) does not apply to a defendant who has a high
18school diploma or has successfully passed high school
19equivalency testing. This subsection (j-5) does not apply to a
20defendant who is determined by the court to be a person with a
21developmental disability or otherwise mentally incapable of
22completing the educational or vocational program.
23 (k) (Blank).
24 (l) (A) Except as provided in paragraph (C) of subsection
25(l), whenever a defendant, who is an alien as defined by the
26Immigration and Nationality Act, is convicted of any felony or

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

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1 deprecate the seriousness of the defendant's conduct and
2 would not be inconsistent with the ends of justice.
3 (C) This subsection (l) does not apply to offenders who are
4subject to the provisions of paragraph (2) of subsection (a) of
5Section 3-6-3.
6 (D) Upon motion of the State's Attorney, if a defendant
7sentenced under this Section returns to the jurisdiction of the
8United States, the defendant shall be recommitted to the
9custody of the county from which he or she was sentenced.
10Thereafter, the defendant shall be brought before the
11sentencing court, which may impose any sentence that was
12available under Section 5-5-3 at the time of initial
13sentencing. In addition, the defendant shall not be eligible
14for additional sentence credit for good conduct as provided
15under Section 3-6-3.
16 (m) A person convicted of criminal defacement of property
17under Section 21-1.3 of the Criminal Code of 1961 or the
18Criminal Code of 2012, in which the property damage exceeds
19$300 and the property damaged is a school building, shall be
20ordered to perform community service that may include cleanup,
21removal, or painting over the defacement.
22 (n) The court may sentence a person convicted of a
23violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
24subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
25of 1961 or the Criminal Code of 2012 (i) to an impact
26incarceration program if the person is otherwise eligible for

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1that program under Section 5-8-1.1, (ii) to community service,
2or (iii) if the person is an addict or alcoholic, as defined in
3the Alcoholism and Other Drug Abuse and Dependency Act, to a
4substance or alcohol abuse program licensed under that Act.
5 (o) Whenever a person is convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act, the
7defendant's driver's license or permit shall be subject to
8renewal on an annual basis in accordance with the provisions of
9license renewal established by the Secretary of State.
10(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1199-143, eff. 7-27-15.)
12 (730 ILCS 5/5-5-3.2)
13 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
14Sentencing.
15 (a) The following factors shall be accorded weight in favor
16of imposing a term of imprisonment or may be considered by the
17court as reasons to impose a more severe sentence under Section
185-8-1 or Article 4.5 of Chapter V:
19 (1) the defendant's conduct caused or threatened
20 serious harm;
21 (2) the defendant received compensation for committing
22 the offense;
23 (3) the defendant has a history of prior delinquency or
24 criminal activity;
25 (4) the defendant, by the duties of his office or by

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

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1 orientation" has the meaning ascribed to it in paragraph
2 (O-1) of Section 1-103 of the Illinois Human Rights Act;
3 (11) the offense took place in a place of worship or on
4 the grounds of a place of worship, immediately prior to,
5 during or immediately following worship services. For
6 purposes of this subparagraph, "place of worship" shall
7 mean any church, synagogue or other building, structure or
8 place used primarily for religious worship;
9 (12) the defendant was convicted of a felony committed
10 while he was released on bail or his own recognizance
11 pending trial for a prior felony and was convicted of such
12 prior felony, or the defendant was convicted of a felony
13 committed while he was serving a period of probation,
14 conditional discharge, or mandatory supervised release
15 under subsection (d) of Section 5-8-1 for a prior felony;
16 (13) the defendant committed or attempted to commit a
17 felony while he was wearing a bulletproof vest. For the
18 purposes of this paragraph (13), a bulletproof vest is any
19 device which is designed for the purpose of protecting the
20 wearer from bullets, shot or other lethal projectiles;
21 (14) the defendant held a position of trust or
22 supervision such as, but not limited to, family member as
23 defined in Section 11-0.1 of the Criminal Code of 2012,
24 teacher, scout leader, baby sitter, or day care worker, in
25 relation to a victim under 18 years of age, and the
26 defendant committed an offense in violation of Section

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

SB2859- 190 -LRB099 16419 RLC 40752 b
1 of one of the following Sections while in a day care
2 center, regardless of the time of day or time of year; on
3 the real property of a day care center, regardless of the
4 time of day or time of year; or on a public way within
5 1,000 feet of the real property comprising any day care
6 center, regardless of the time of day or time of year:
7 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
8 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
9 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
10 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
11 18-2, or 33A-2, or Section 12-3.05 except for subdivision
12 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
13 Criminal Code of 2012;
14 (17) the defendant committed the offense by reason of
15 any person's activity as a community policing volunteer or
16 to prevent any person from engaging in activity as a
17 community policing volunteer. For the purpose of this
18 Section, "community policing volunteer" has the meaning
19 ascribed to it in Section 2-3.5 of the Criminal Code of
20 2012;
21 (18) the defendant committed the offense in a nursing
22 home or on the real property comprising a nursing home. For
23 the purposes of this paragraph (18), "nursing home" means a
24 skilled nursing or intermediate long term care facility
25 that is subject to license by the Illinois Department of
26 Public Health under the Nursing Home Care Act, the

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1 Specialized Mental Health Rehabilitation Act of 2013, the
2 ID/DD Community Care Act, or the MC/DD Act;
3 (19) the defendant was a federally licensed firearm
4 dealer and was previously convicted of a violation of
5 subsection (a) of Section 3 of the Firearm Owners
6 Identification Card and Certificate of Firearm
7 Registration Act and has now committed either a felony
8 violation of the Firearm Owners Identification Card and
9 Certificate of Firearm Registration Act or an act of armed
10 violence while armed with a firearm;
11 (20) the defendant (i) committed the offense of
12 reckless homicide under Section 9-3 of the Criminal Code of
13 1961 or the Criminal Code of 2012 or the offense of driving
14 under the influence of alcohol, other drug or drugs,
15 intoxicating compound or compounds or any combination
16 thereof under Section 11-501 of the Illinois Vehicle Code
17 or a similar provision of a local ordinance and (ii) was
18 operating a motor vehicle in excess of 20 miles per hour
19 over the posted speed limit as provided in Article VI of
20 Chapter 11 of the Illinois Vehicle Code;
21 (21) the defendant (i) committed the offense of
22 reckless driving or aggravated reckless driving under
23 Section 11-503 of the Illinois Vehicle Code and (ii) was
24 operating a motor vehicle in excess of 20 miles per hour
25 over the posted speed limit as provided in Article VI of
26 Chapter 11 of the Illinois Vehicle Code;

SB2859- 192 -LRB099 16419 RLC 40752 b
1 (22) the defendant committed the offense against a
2 person that the defendant knew, or reasonably should have
3 known, was a member of the Armed Forces of the United
4 States serving on active duty. For purposes of this clause
5 (22), the term "Armed Forces" means any of the Armed Forces
6 of the United States, including a member of any reserve
7 component thereof or National Guard unit called to active
8 duty;
9 (23) the defendant committed the offense against a
10 person who was elderly or infirm or who was a person with a
11 disability by taking advantage of a family or fiduciary
12 relationship with the elderly or infirm person or person
13 with a disability;
14 (24) the defendant committed any offense under Section
15 11-20.1 of the Criminal Code of 1961 or the Criminal Code
16 of 2012 and possessed 100 or more images;
17 (25) the defendant committed the offense while the
18 defendant or the victim was in a train, bus, or other
19 vehicle used for public transportation;
20 (26) the defendant committed the offense of child
21 pornography or aggravated child pornography, specifically
22 including paragraph (1), (2), (3), (4), (5), or (7) of
23 subsection (a) of Section 11-20.1 of the Criminal Code of
24 1961 or the Criminal Code of 2012 where a child engaged in,
25 solicited for, depicted in, or posed in any act of sexual
26 penetration or bound, fettered, or subject to sadistic,

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1 masochistic, or sadomasochistic abuse in a sexual context
2 and specifically including paragraph (1), (2), (3), (4),
3 (5), or (7) of subsection (a) of Section 11-20.1B or
4 Section 11-20.3 of the Criminal Code of 1961 where a child
5 engaged in, solicited for, depicted in, or posed in any act
6 of sexual penetration or bound, fettered, or subject to
7 sadistic, masochistic, or sadomasochistic abuse in a
8 sexual context;
9 (27) the defendant committed the offense of first
10 degree murder, assault, aggravated assault, battery,
11 aggravated battery, robbery, armed robbery, or aggravated
12 robbery against a person who was a veteran and the
13 defendant knew, or reasonably should have known, that the
14 person was a veteran performing duties as a representative
15 of a veterans' organization. For the purposes of this
16 paragraph (27), "veteran" means an Illinois resident who
17 has served as a member of the United States Armed Forces, a
18 member of the Illinois National Guard, or a member of the
19 United States Reserve Forces; and "veterans' organization"
20 means an organization comprised of members of which
21 substantially all are individuals who are veterans or
22 spouses, widows, or widowers of veterans, the primary
23 purpose of which is to promote the welfare of its members
24 and to provide assistance to the general public in such a
25 way as to confer a public benefit;
26 (28) the defendant committed the offense of assault,

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1 aggravated assault, battery, aggravated battery, robbery,
2 armed robbery, or aggravated robbery against a person that
3 the defendant knew or reasonably should have known was a
4 letter carrier or postal worker while that person was
5 performing his or her duties delivering mail for the United
6 States Postal Service; or
7 (29) the defendant committed the offense of criminal
8 sexual assault, aggravated criminal sexual assault,
9 criminal sexual abuse, or aggravated criminal sexual abuse
10 against a victim with an intellectual disability, and the
11 defendant holds a position of trust, authority, or
12 supervision in relation to the victim; or
13 (30) (29) the defendant committed the offense of
14 promoting juvenile prostitution, patronizing a prostitute,
15 or patronizing a minor engaged in prostitution and at the
16 time of the commission of the offense knew that the
17 prostitute or minor engaged in prostitution was in the
18 custody or guardianship of the Department of Children and
19 Family Services.
20 For the purposes of this Section:
21 "School" is defined as a public or private elementary or
22secondary school, community college, college, or university.
23 "Day care center" means a public or private State certified
24and licensed day care center as defined in Section 2.09 of the
25Child Care Act of 1969 that displays a sign in plain view
26stating that the property is a day care center.

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1 "Intellectual disability" means significantly subaverage
2intellectual functioning which exists concurrently with
3impairment in adaptive behavior.
4 "Public transportation" means the transportation or
5conveyance of persons by means available to the general public,
6and includes paratransit services.
7 (b) The following factors, related to all felonies, may be
8considered by the court as reasons to impose an extended term
9sentence under Section 5-8-2 upon any offender:
10 (1) When a defendant is convicted of any felony, after
11 having been previously convicted in Illinois or any other
12 jurisdiction of the same or similar class felony or greater
13 class felony, when such conviction has occurred within 10
14 years after the previous conviction, excluding time spent
15 in custody, and such charges are separately brought and
16 tried and arise out of different series of acts; or
17 (2) When a defendant is convicted of any felony and the
18 court finds that the offense was accompanied by
19 exceptionally brutal or heinous behavior indicative of
20 wanton cruelty; or
21 (3) When a defendant is convicted of any felony
22 committed against:
23 (i) a person under 12 years of age at the time of
24 the offense or such person's property;
25 (ii) a person 60 years of age or older at the time
26 of the offense or such person's property; or

SB2859- 196 -LRB099 16419 RLC 40752 b
1 (iii) a person who had a physical disability at the
2 time of the offense or such person's property; or
3 (4) When a defendant is convicted of any felony and the
4 offense involved any of the following types of specific
5 misconduct committed as part of a ceremony, rite,
6 initiation, observance, performance, practice or activity
7 of any actual or ostensible religious, fraternal, or social
8 group:
9 (i) the brutalizing or torturing of humans or
10 animals;
11 (ii) the theft of human corpses;
12 (iii) the kidnapping of humans;
13 (iv) the desecration of any cemetery, religious,
14 fraternal, business, governmental, educational, or
15 other building or property; or
16 (v) ritualized abuse of a child; or
17 (5) When a defendant is convicted of a felony other
18 than conspiracy and the court finds that the felony was
19 committed under an agreement with 2 or more other persons
20 to commit that offense and the defendant, with respect to
21 the other individuals, occupied a position of organizer,
22 supervisor, financier, or any other position of management
23 or leadership, and the court further finds that the felony
24 committed was related to or in furtherance of the criminal
25 activities of an organized gang or was motivated by the
26 defendant's leadership in an organized gang; or

SB2859- 197 -LRB099 16419 RLC 40752 b
1 (6) When a defendant is convicted of an offense
2 committed while using a firearm with a laser sight attached
3 to it. For purposes of this paragraph, "laser sight" has
4 the meaning ascribed to it in Section 26-7 of the Criminal
5 Code of 2012; or
6 (7) When a defendant who was at least 17 years of age
7 at the time of the commission of the offense is convicted
8 of a felony and has been previously adjudicated a
9 delinquent minor under the Juvenile Court Act of 1987 for
10 an act that if committed by an adult would be a Class X or
11 Class 1 felony when the conviction has occurred within 10
12 years after the previous adjudication, excluding time
13 spent in custody; or
14 (8) When a defendant commits any felony and the
15 defendant used, possessed, exercised control over, or
16 otherwise directed an animal to assault a law enforcement
17 officer engaged in the execution of his or her official
18 duties or in furtherance of the criminal activities of an
19 organized gang in which the defendant is engaged; or
20 (9) When a defendant commits any felony and the
21 defendant knowingly video or audio records the offense with
22 the intent to disseminate the recording.
23 (c) The following factors may be considered by the court as
24reasons to impose an extended term sentence under Section 5-8-2
25(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
26 (1) When a defendant is convicted of first degree

SB2859- 198 -LRB099 16419 RLC 40752 b
1 murder, after having been previously convicted in Illinois
2 of any offense listed under paragraph (c)(2) of Section
3 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
4 within 10 years after the previous conviction, excluding
5 time spent in custody, and the charges are separately
6 brought and tried and arise out of different series of
7 acts.
8 (1.5) When a defendant is convicted of first degree
9 murder, after having been previously convicted of domestic
10 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
11 (720 ILCS 5/12-3.3) committed on the same victim or after
12 having been previously convicted of violation of an order
13 of protection (720 ILCS 5/12-30) in which the same victim
14 was the protected person.
15 (2) When a defendant is convicted of voluntary
16 manslaughter, second degree murder, involuntary
17 manslaughter, or reckless homicide in which the defendant
18 has been convicted of causing the death of more than one
19 individual.
20 (3) When a defendant is convicted of aggravated
21 criminal sexual assault or criminal sexual assault, when
22 there is a finding that aggravated criminal sexual assault
23 or criminal sexual assault was also committed on the same
24 victim by one or more other individuals, and the defendant
25 voluntarily participated in the crime with the knowledge of
26 the participation of the others in the crime, and the

SB2859- 199 -LRB099 16419 RLC 40752 b
1 commission of the crime was part of a single course of
2 conduct during which there was no substantial change in the
3 nature of the criminal objective.
4 (4) If the victim was under 18 years of age at the time
5 of the commission of the offense, when a defendant is
6 convicted of aggravated criminal sexual assault or
7 predatory criminal sexual assault of a child under
8 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
9 of Section 12-14.1 of the Criminal Code of 1961 or the
10 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11 (5) When a defendant is convicted of a felony violation
12 of Section 24-1 of the Criminal Code of 1961 or the
13 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
14 finding that the defendant is a member of an organized
15 gang.
16 (6) When a defendant was convicted of unlawful use of
17 weapons under Section 24-1 of the Criminal Code of 1961 or
18 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
19 a weapon that is not readily distinguishable as one of the
20 weapons enumerated in Section 24-1 of the Criminal Code of
21 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22 (7) When a defendant is convicted of an offense
23 involving the illegal manufacture of a controlled
24 substance under Section 401 of the Illinois Controlled
25 Substances Act (720 ILCS 570/401), the illegal manufacture
26 of methamphetamine under Section 25 of the Methamphetamine

SB2859- 200 -LRB099 16419 RLC 40752 b
1 Control and Community Protection Act (720 ILCS 646/25), or
2 the illegal possession of explosives and an emergency
3 response officer in the performance of his or her duties is
4 killed or injured at the scene of the offense while
5 responding to the emergency caused by the commission of the
6 offense. In this paragraph, "emergency" means a situation
7 in which a person's life, health, or safety is in jeopardy;
8 and "emergency response officer" means a peace officer,
9 community policing volunteer, fireman, emergency medical
10 technician-ambulance, emergency medical
11 technician-intermediate, emergency medical
12 technician-paramedic, ambulance driver, other medical
13 assistance or first aid personnel, or hospital emergency
14 room personnel.
15 (8) When the defendant is convicted of attempted mob
16 action, solicitation to commit mob action, or conspiracy to
17 commit mob action under Section 8-1, 8-2, or 8-4 of the
18 Criminal Code of 2012, where the criminal object is a
19 violation of Section 25-1 of the Criminal Code of 2012, and
20 an electronic communication is used in the commission of
21 the offense. For the purposes of this paragraph (8),
22 "electronic communication" shall have the meaning provided
23 in Section 26.5-0.1 of the Criminal Code of 2012.
24 (d) For the purposes of this Section, "organized gang" has
25the meaning ascribed to it in Section 10 of the Illinois
26Streetgang Terrorism Omnibus Prevention Act.

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1 (e) The court may impose an extended term sentence under
2Article 4.5 of Chapter V upon an offender who has been
3convicted of a felony violation of Section 11-1.20, 11-1.30,
411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
6when the victim of the offense is under 18 years of age at the
7time of the commission of the offense and, during the
8commission of the offense, the victim was under the influence
9of alcohol, regardless of whether or not the alcohol was
10supplied by the offender; and the offender, at the time of the
11commission of the offense, knew or should have known that the
12victim had consumed alcohol.
13(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
14eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
15eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
1699-347, eff. 1-1-16; revised 10-19-15.)
17 Section 85. The Mental Health and Developmental
18Disabilities Confidentiality Act is amended by changing
19Section 12 as follows:
20 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
21 Sec. 12. (a) If the United States Secret Service or the
22Department of State Police requests information from a mental
23health or developmental disability facility, as defined in
24Section 1-107 and 1-114 of the Mental Health and Developmental

SB2859- 202 -LRB099 16419 RLC 40752 b
1Disabilities Code, relating to a specific recipient and the
2facility director determines that disclosure of such
3information may be necessary to protect the life of, or to
4prevent the infliction of great bodily harm to, a public
5official, or a person under the protection of the United States
6Secret Service, only the following information may be
7disclosed: the recipient's name, address, and age and the date
8of any admission to or discharge from a facility; and any
9information which would indicate whether or not the recipient
10has a history of violence or presents a danger of violence to
11the person under protection. Any information so disclosed shall
12be used for investigative purposes only and shall not be
13publicly disseminated. Any person participating in good faith
14in the disclosure of such information in accordance with this
15provision shall have immunity from any liability, civil,
16criminal or otherwise, if such information is disclosed relying
17upon the representation of an officer of the United States
18Secret Service or the Department of State Police that a person
19is under the protection of the United States Secret Service or
20is a public official.
21 For the purpose of this subsection (a), the term "public
22official" means the Governor, Lieutenant Governor, Attorney
23General, Secretary of State, State Comptroller, State
24Treasurer, member of the General Assembly, member of the United
25States Congress, Judge of the United States as defined in 28
26U.S.C. 451, Justice of the United States as defined in 28

SB2859- 203 -LRB099 16419 RLC 40752 b
1U.S.C. 451, United States Magistrate Judge as defined in 28
2U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
3Supreme, Appellate, Circuit, or Associate Judge of the State of
4Illinois. The term shall also include the spouse, child or
5children of a public official.
6 (b) The Department of Human Services (acting as successor
7to the Department of Mental Health and Developmental
8Disabilities) and all public or private hospitals and mental
9health facilities are required, as hereafter described in this
10subsection, to furnish the Department of State Police only such
11information as may be required for the sole purpose of
12determining whether an individual who may be or may have been a
13patient is disqualified because of that status from receiving
14or retaining a Firearm Owner's Identification Card or falls
15within the federal prohibitors under subsection (e), (f), (g),
16(r), (s), or (t) of Section 8 of the Firearm Owners
17Identification Card and Certificate of Firearm Registration
18Act, or falls within the federal prohibitors in 18 U.S.C.
19922(g) and (n). All physicians, clinical psychologists, or
20qualified examiners at public or private mental health
21facilities or parts thereof as defined in this subsection
22shall, in the form and manner required by the Department,
23provide notice directly to the Department of Human Services, or
24to his or her employer who shall then report to the Department,
25within 24 hours after determining that a person poses a clear
26and present danger to himself, herself, or others, or within 7

SB2859- 204 -LRB099 16419 RLC 40752 b
1days after a person 14 years or older is determined to be a
2person with a developmental disability by a physician, clinical
3psychologist, or qualified examiner as described in Section 1.1
4of the Firearm Owners Identification Card and Certificate of
5Firearm Registration Act. If a person is a patient as described
6in clause (1) of the definition of "patient" in Section 1.1 of
7the Firearm Owners Identification Card and Certificate of
8Firearm Registration Act, this information shall be furnished
9within 7 days after admission to a public or private hospital
10or mental health facility or the provision of services. Any
11such information disclosed under this subsection shall remain
12privileged and confidential, and shall not be redisclosed,
13except as required by subsection (e) of Section 3.1 of the
14Firearm Owners Identification Card and Certificate of Firearm
15Registration Act, nor utilized for any other purpose. The
16method of requiring the providing of such information shall
17guarantee that no information is released beyond what is
18necessary for this purpose. In addition, the information
19disclosed shall be provided by the Department within the time
20period established by Section 24-3 of the Criminal Code of 2012
21regarding the delivery of firearms. The method used shall be
22sufficient to provide the necessary information within the
23prescribed time period, which may include periodically
24providing lists to the Department of Human Services or any
25public or private hospital or mental health facility of Firearm
26Owner's Identification Card applicants on which the Department

SB2859- 205 -LRB099 16419 RLC 40752 b
1or hospital shall indicate the identities of those individuals
2who are to its knowledge disqualified from having a Firearm
3Owner's Identification Card for reasons described herein. The
4Department may provide for a centralized source of information
5for the State on this subject under its jurisdiction. The
6identity of the person reporting under this subsection shall
7not be disclosed to the subject of the report. For the purposes
8of this subsection, the physician, clinical psychologist, or
9qualified examiner making the determination and his or her
10employer shall not be held criminally, civilly, or
11professionally liable for making or not making the notification
12required under this subsection, except for willful or wanton
13misconduct.
14 Any person, institution, or agency, under this Act,
15participating in good faith in the reporting or disclosure of
16records and communications otherwise in accordance with this
17provision or with rules, regulations or guidelines issued by
18the Department shall have immunity from any liability, civil,
19criminal or otherwise, that might result by reason of the
20action. For the purpose of any proceeding, civil or criminal,
21arising out of a report or disclosure in accordance with this
22provision, the good faith of any person, institution, or agency
23so reporting or disclosing shall be presumed. The full extent
24of the immunity provided in this subsection (b) shall apply to
25any person, institution or agency that fails to make a report
26or disclosure in the good faith belief that the report or

SB2859- 206 -LRB099 16419 RLC 40752 b
1disclosure would violate federal regulations governing the
2confidentiality of alcohol and drug abuse patient records
3implementing 42 U.S.C. 290dd-3 and 290ee-3.
4 For purposes of this subsection (b) only, the following
5terms shall have the meaning prescribed:
6 (1) (Blank).
7 (1.3) "Clear and present danger" has the meaning as
8 defined in Section 1.1 of the Firearm Owners Identification
9 Card Act.
10 (1.5) "Person with a developmental disability" has the
11 meaning as defined in Section 1.1 of the Firearm Owners
12 Identification Card Act.
13 (2) "Patient" has the meaning as defined in Section 1.1
14 of the Firearm Owners Identification Card and Certificate
15 of Firearm Registration Act.
16 (3) "Mental health facility" has the meaning as defined
17 in Section 1.1 of the Firearm Owners Identification Card
18 and Certificate of Firearm Registration Act.
19 (c) Upon the request of a peace officer who takes a person
20into custody and transports such person to a mental health or
21developmental disability facility pursuant to Section 3-606 or
224-404 of the Mental Health and Developmental Disabilities Code
23or who transports a person from such facility, a facility
24director shall furnish said peace officer the name, address,
25age and name of the nearest relative of the person transported
26to or from the mental health or developmental disability

SB2859- 207 -LRB099 16419 RLC 40752 b
1facility. In no case shall the facility director disclose to
2the peace officer any information relating to the diagnosis,
3treatment or evaluation of the person's mental or physical
4health.
5 For the purposes of this subsection (c), the terms "mental
6health or developmental disability facility", "peace officer"
7and "facility director" shall have the meanings ascribed to
8them in the Mental Health and Developmental Disabilities Code.
9 (d) Upon the request of a peace officer or prosecuting
10authority who is conducting a bona fide investigation of a
11criminal offense, or attempting to apprehend a fugitive from
12justice, a facility director may disclose whether a person is
13present at the facility. Upon request of a peace officer or
14prosecuting authority who has a valid forcible felony warrant
15issued, a facility director shall disclose: (1) whether the
16person who is the subject of the warrant is present at the
17facility and (2) the date of that person's discharge or future
18discharge from the facility. The requesting peace officer or
19prosecuting authority must furnish a case number and the
20purpose of the investigation or an outstanding arrest warrant
21at the time of the request. Any person, institution, or agency
22participating in good faith in disclosing such information in
23accordance with this subsection (d) is immune from any
24liability, civil, criminal or otherwise, that might result by
25reason of the action.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

SB2859- 208 -LRB099 16419 RLC 40752 b
1eff. 7-27-15; revised 10-22-15.)
2 Section 90. The Uniform Disposition of Unclaimed Property
3Act is amended by changing Section 1 as follows:
4 (765 ILCS 1025/1) (from Ch. 141, par. 101)
5 Sec. 1. As used in this Act, unless the context otherwise
6requires:
7 (a) "Banking organization" means any bank, trust company,
8savings bank, industrial bank, land bank, safe deposit company,
9or a private banker.
10 (b) "Business association" means any corporation, joint
11stock company, business trust, partnership, or any
12association, limited liability company, or other business
13entity consisting of one or more persons, whether or not for
14profit.
15 (c) "Financial organization" means any savings and loan
16association, building and loan association, credit union,
17currency exchange, co-operative bank, mutual funds, or
18investment company.
19 (d) "Holder" means any person in possession of property
20subject to this Act belonging to another, or who is trustee in
21case of a trust, or is indebted to another on an obligation
22subject to this Act.
23 (e) "Life insurance corporation" means any association or
24corporation transacting the business of insurance on the lives

SB2859- 209 -LRB099 16419 RLC 40752 b
1of persons or insurance appertaining thereto, including, but
2not by way of limitation, endowments and annuities.
3 (f) "Owner" means a depositor in case of a deposit, a
4beneficiary in case of a trust, a creditor, claimant, or payee
5in case of other property, or any person having a legal or
6equitable interest in property subject to this Act, or his
7legal representative.
8 (g) "Person" means any individual, business association,
9financial organization, government or political subdivision or
10agency, public authority, estate, trust, or any other legal or
11commercial entity.
12 (h) "Utility" means any person who owns or operates, for
13public use, any plant, equipment, property, franchise, or
14license for the transmission of communications or the
15production, storage, transmission, sale, delivery, or
16furnishing of electricity, water, steam, oil or gas.
17 (i) (Blank).
18 (j) "Insurance company" means any person transacting the
19kinds of business enumerated in Section 4 of the Illinois
20Insurance Code other than life insurance.
21 (k) "Economic loss", as used in Sections 2a and 9 of this
22Act includes, but is not limited to, delivery charges,
23mark-downs and write-offs, carrying costs, restocking charges,
24lay-aways, special orders, issuance of credit memos, and the
25costs of special services or goods provided that reduce the
26property value or that result in lost sales opportunity.

SB2859- 210 -LRB099 16419 RLC 40752 b
1 (l) "Reportable property" means property, tangible or
2intangible, presumed abandoned under this Act that must be
3appropriately and timely reported and remitted to the Office of
4the State Treasurer under this Act. Interest, dividends, stock
5splits, warrants, or other rights that become reportable
6property under this Act include the underlying security or
7commodity giving rise to the interest, dividend, split,
8warrant, or other right to which the owner would be entitled.
9 (m) "Firearm" has the meaning ascribed to that term in the
10Firearm Owners Identification Card and Certificate of Firearm
11Registration Act.
12(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
13eff. 6-2-00.)
14 Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.

SB2859- 211 -LRB099 16419 RLC 40752 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 2605/2605-120was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
7 20 ILCS 2605/2605-595
8 20 ILCS 2630/2.2
9 30 ILCS 105/5.875 new
10 30 ILCS 105/5.876 new
11 30 ILCS 105/6z-99
12 30 ILCS 105/6z-101 new
13 30 ILCS 105/6z-102 new
14 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
15 105 ILCS 5/10-27.1A
16 105 ILCS 5/34-8.05
17 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
18 405 ILCS 5/6-103.1
19 405 ILCS 5/6-103.2
20 405 ILCS 5/6-103.3
21 410 ILCS 45/2from Ch. 111 1/2, par. 1302
22 430 ILCS 65/Act title
23 430 ILCS 65/0.01from Ch. 38, par. 83-0.1
24 430 ILCS 65/1from Ch. 38, par. 83-1
25 430 ILCS 65/1.1from Ch. 38, par. 83-1.1

SB2859- 212 -LRB099 16419 RLC 40752 b
1 430 ILCS 65/3from Ch. 38, par. 83-3
2 430 ILCS 65/3.1from Ch. 38, par. 83-3.1
3 430 ILCS 65/3.4 new
4 430 ILCS 65/4from Ch. 38, par. 83-4
5 430 ILCS 65/6.1
6 430 ILCS 65/14from Ch. 38, par. 83-14
7 430 ILCS 66/25
8 430 ILCS 66/30
9 430 ILCS 66/40
10 430 ILCS 66/70
11 430 ILCS 66/80
12 430 ILCS 66/105
13 520 ILCS 5/3.2from Ch. 61, par. 3.2
14 705 ILCS 105/27.3a
15 720 ILCS 5/2-7.1
16 720 ILCS 5/2-7.5
17 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
18 720 ILCS 5/17-30was 720 ILCS 5/16C-2
19 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
20 720 ILCS 5/24-1.6
21 720 ILCS 5/24-3from Ch. 38, par. 24-3
22 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
23 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
24 720 ILCS 5/24-3.5
25 720 ILCS 5/24-9
26 720 ILCS 646/10

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