100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4314

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
LRB100 15650 RLC 30751 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4314LRB100 15650 RLC 30751 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library
17 Records Confidentiality Act.
18 (c) Applications, related documents, and medical
19 records received by the Experimental Organ Transplantation
20 Procedures Board and any and all documents or other records
21 prepared by the Experimental Organ Transplantation
22 Procedures Board or its staff relating to applications it
23 has received.

HB4314- 2 -LRB100 15650 RLC 30751 b
1 (d) Information and records held by the Department of
2 Public Health and its authorized representatives relating
3 to known or suspected cases of sexually transmissible
4 disease or any information the disclosure of which is
5 restricted under the Illinois Sexually Transmissible
6 Disease Control Act.
7 (e) Information the disclosure of which is exempted
8 under Section 30 of the Radon Industry Licensing Act.
9 (f) Firm performance evaluations under Section 55 of
10 the Architectural, Engineering, and Land Surveying
11 Qualifications Based Selection Act.
12 (g) Information the disclosure of which is restricted
13 and exempted under Section 50 of the Illinois Prepaid
14 Tuition Act.
15 (h) Information the disclosure of which is exempted
16 under the State Officials and Employees Ethics Act, and
17 records of any lawfully created State or local inspector
18 general's office that would be exempt if created or
19 obtained by an Executive Inspector General's office under
20 that Act.
21 (i) Information contained in a local emergency energy
22 plan submitted to a municipality in accordance with a local
23 emergency energy plan ordinance that is adopted under
24 Section 11-21.5-5 of the Illinois Municipal Code.
25 (j) Information and data concerning the distribution
26 of surcharge moneys collected and remitted by carriers

HB4314- 3 -LRB100 15650 RLC 30751 b
1 under the Emergency Telephone System Act.
2 (k) Law enforcement officer identification information
3 or driver identification information compiled by a law
4 enforcement agency or the Department of Transportation
5 under Section 11-212 of the Illinois Vehicle Code.
6 (l) Records and information provided to a residential
7 health care facility resident sexual assault and death
8 review team or the Executive Council under the Abuse
9 Prevention Review Team Act.
10 (m) Information provided to the predatory lending
11 database created pursuant to Article 3 of the Residential
12 Real Property Disclosure Act, except to the extent
13 authorized under that Article.
14 (n) Defense budgets and petitions for certification of
15 compensation and expenses for court appointed trial
16 counsel as provided under Sections 10 and 15 of the Capital
17 Crimes Litigation Act. This subsection (n) shall apply
18 until the conclusion of the trial of the case, even if the
19 prosecution chooses not to pursue the death penalty prior
20 to trial or sentencing.
21 (o) Information that is prohibited from being
22 disclosed under Section 4 of the Illinois Health and
23 Hazardous Substances Registry Act.
24 (p) Security portions of system safety program plans,
25 investigation reports, surveys, schedules, lists, data, or
26 information compiled, collected, or prepared by or for the

HB4314- 4 -LRB100 15650 RLC 30751 b
1 Regional Transportation Authority under Section 2.11 of
2 the Regional Transportation Authority Act or the St. Clair
3 County Transit District under the Bi-State Transit Safety
4 Act.
5 (q) Information prohibited from being disclosed by the
6 Personnel Records Review Act.
7 (r) Information prohibited from being disclosed by the
8 Illinois School Student Records Act.
9 (s) Information the disclosure of which is restricted
10 under Section 5-108 of the Public Utilities Act.
11 (t) All identified or deidentified health information
12 in the form of health data or medical records contained in,
13 stored in, submitted to, transferred by, or released from
14 the Illinois Health Information Exchange, and identified
15 or deidentified health information in the form of health
16 data and medical records of the Illinois Health Information
17 Exchange in the possession of the Illinois Health
18 Information Exchange Authority due to its administration
19 of the Illinois Health Information Exchange. The terms
20 "identified" and "deidentified" shall be given the same
21 meaning as in the Health Insurance Portability and
22 Accountability Act of 1996, Public Law 104-191, or any
23 subsequent amendments thereto, and any regulations
24 promulgated thereunder.
25 (u) Records and information provided to an independent
26 team of experts under Brian's Law.

HB4314- 5 -LRB100 15650 RLC 30751 b
1 (v) Names and information of people who have applied
2 for or received Firearm Owner's Identification Cards under
3 the Firearm Owners Identification Card Act before the
4 effective date of this amendatory Act of the 100th General
5 Assembly or applied for or received a concealed carry
6 license under the Firearm Concealed Carry Act, unless
7 otherwise authorized by the Firearm Concealed Carry Act;
8 and databases under the Firearm Concealed Carry Act,
9 records of the Concealed Carry Licensing Review Board under
10 the Firearm Concealed Carry Act, and law enforcement agency
11 objections under the Firearm Concealed Carry Act.
12 (w) Personally identifiable information which is
13 exempted from disclosure under subsection (g) of Section
14 19.1 of the Toll Highway Act.
15 (x) Information which is exempted from disclosure
16 under Section 5-1014.3 of the Counties Code or Section
17 8-11-21 of the Illinois Municipal Code.
18 (y) Confidential information under the Adult
19 Protective Services Act and its predecessor enabling
20 statute, the Elder Abuse and Neglect Act, including
21 information about the identity and administrative finding
22 against any caregiver of a verified and substantiated
23 decision of abuse, neglect, or financial exploitation of an
24 eligible adult maintained in the Registry established
25 under Section 7.5 of the Adult Protective Services Act.
26 (z) Records and information provided to a fatality

HB4314- 6 -LRB100 15650 RLC 30751 b
1 review team or the Illinois Fatality Review Team Advisory
2 Council under Section 15 of the Adult Protective Services
3 Act.
4 (aa) Information which is exempted from disclosure
5 under Section 2.37 of the Wildlife Code.
6 (bb) Information which is or was prohibited from
7 disclosure by the Juvenile Court Act of 1987.
8 (cc) Recordings made under the Law Enforcement
9 Officer-Worn Body Camera Act, except to the extent
10 authorized under that Act.
11 (dd) Information that is prohibited from being
12 disclosed under Section 45 of the Condominium and Common
13 Interest Community Ombudsperson Act.
14 (ee) Information that is exempted from disclosure
15 under Section 30.1 of the Pharmacy Practice Act.
16 (ff) Information that is exempted from disclosure
17 under the Revised Uniform Unclaimed Property Act.
18 (gg) (ff) Information that is prohibited from being
19 disclosed under Section 7-603.5 of the Illinois Vehicle
20 Code.
21 (hh) (ff) Records that are exempt from disclosure under
22 Section 1A-16.7 of the Election Code.
23 (ii) (ff) Information which is exempted from
24 disclosure under Section 2505-800 of the Department of
25 Revenue Law of the Civil Administrative Code of Illinois.
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

HB4314- 7 -LRB100 15650 RLC 30751 b
1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
48-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
5 (Text of Section after amendment by P.A. 100-517 but before
6amendment by P.A. 100-512)
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
24 to known or suspected cases of sexually transmissible
25 disease or any information the disclosure of which is

HB4314- 8 -LRB100 15650 RLC 30751 b
1 restricted under the Illinois Sexually Transmissible
2 Disease Control Act.
3 (e) Information the disclosure of which is exempted
4 under Section 30 of the Radon Industry Licensing Act.
5 (f) Firm performance evaluations under Section 55 of
6 the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (g) Information the disclosure of which is restricted
9 and exempted under Section 50 of the Illinois Prepaid
10 Tuition Act.
11 (h) Information the disclosure of which is exempted
12 under the State Officials and Employees Ethics Act, and
13 records of any lawfully created State or local inspector
14 general's office that would be exempt if created or
15 obtained by an Executive Inspector General's office under
16 that Act.
17 (i) Information contained in a local emergency energy
18 plan submitted to a municipality in accordance with a local
19 emergency energy plan ordinance that is adopted under
20 Section 11-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution
22 of surcharge moneys collected and remitted by carriers
23 under the Emergency Telephone System Act.
24 (k) Law enforcement officer identification information
25 or driver identification information compiled by a law
26 enforcement agency or the Department of Transportation

HB4314- 9 -LRB100 15650 RLC 30751 b
1 under Section 11-212 of the Illinois Vehicle Code.
2 (l) Records and information provided to a residential
3 health care facility resident sexual assault and death
4 review team or the Executive Council under the Abuse
5 Prevention Review Team Act.
6 (m) Information provided to the predatory lending
7 database created pursuant to Article 3 of the Residential
8 Real Property Disclosure Act, except to the extent
9 authorized under that Article.
10 (n) Defense budgets and petitions for certification of
11 compensation and expenses for court appointed trial
12 counsel as provided under Sections 10 and 15 of the Capital
13 Crimes Litigation Act. This subsection (n) shall apply
14 until the conclusion of the trial of the case, even if the
15 prosecution chooses not to pursue the death penalty prior
16 to trial or sentencing.
17 (o) Information that is prohibited from being
18 disclosed under Section 4 of the Illinois Health and
19 Hazardous Substances Registry Act.
20 (p) Security portions of system safety program plans,
21 investigation reports, surveys, schedules, lists, data, or
22 information compiled, collected, or prepared by or for the
23 Regional Transportation Authority under Section 2.11 of
24 the Regional Transportation Authority Act or the St. Clair
25 County Transit District under the Bi-State Transit Safety
26 Act.

HB4314- 10 -LRB100 15650 RLC 30751 b
1 (q) Information prohibited from being disclosed by the
2 Personnel Records Review Act.
3 (r) Information prohibited from being disclosed by the
4 Illinois School Student Records Act.
5 (s) Information the disclosure of which is restricted
6 under Section 5-108 of the Public Utilities Act.
7 (t) All identified or deidentified health information
8 in the form of health data or medical records contained in,
9 stored in, submitted to, transferred by, or released from
10 the Illinois Health Information Exchange, and identified
11 or deidentified health information in the form of health
12 data and medical records of the Illinois Health Information
13 Exchange in the possession of the Illinois Health
14 Information Exchange Authority due to its administration
15 of the Illinois Health Information Exchange. The terms
16 "identified" and "deidentified" shall be given the same
17 meaning as in the Health Insurance Portability and
18 Accountability Act of 1996, Public Law 104-191, or any
19 subsequent amendments thereto, and any regulations
20 promulgated thereunder.
21 (u) Records and information provided to an independent
22 team of experts under Brian's Law.
23 (v) Names and information of people who have applied
24 for or received Firearm Owner's Identification Cards under
25 the Firearm Owners Identification Card Act before the
26 effective date of this amendatory Act of the 100th General

HB4314- 11 -LRB100 15650 RLC 30751 b
1 Assembly or applied for or received a concealed carry
2 license under the Firearm Concealed Carry Act, unless
3 otherwise authorized by the Firearm Concealed Carry Act;
4 and databases under the Firearm Concealed Carry Act,
5 records of the Concealed Carry Licensing Review Board under
6 the Firearm Concealed Carry Act, and law enforcement agency
7 objections under the Firearm Concealed Carry Act.
8 (w) Personally identifiable information which is
9 exempted from disclosure under subsection (g) of Section
10 19.1 of the Toll Highway Act.
11 (x) Information which is exempted from disclosure
12 under Section 5-1014.3 of the Counties Code or Section
13 8-11-21 of the Illinois Municipal Code.
14 (y) Confidential information under the Adult
15 Protective Services Act and its predecessor enabling
16 statute, the Elder Abuse and Neglect Act, including
17 information about the identity and administrative finding
18 against any caregiver of a verified and substantiated
19 decision of abuse, neglect, or financial exploitation of an
20 eligible adult maintained in the Registry established
21 under Section 7.5 of the Adult Protective Services Act.
22 (z) Records and information provided to a fatality
23 review team or the Illinois Fatality Review Team Advisory
24 Council under Section 15 of the Adult Protective Services
25 Act.
26 (aa) Information which is exempted from disclosure

HB4314- 12 -LRB100 15650 RLC 30751 b
1 under Section 2.37 of the Wildlife Code.
2 (bb) Information which is or was prohibited from
3 disclosure by the Juvenile Court Act of 1987.
4 (cc) Recordings made under the Law Enforcement
5 Officer-Worn Body Camera Act, except to the extent
6 authorized under that Act.
7 (dd) Information that is prohibited from being
8 disclosed under Section 45 of the Condominium and Common
9 Interest Community Ombudsperson Act.
10 (ee) Information that is exempted from disclosure
11 under Section 30.1 of the Pharmacy Practice Act.
12 (ff) Information that is exempted from disclosure
13 under the Revised Uniform Unclaimed Property Act.
14 (gg) (ff) Information that is prohibited from being
15 disclosed under Section 7-603.5 of the Illinois Vehicle
16 Code.
17 (hh) (ff) Records that are exempt from disclosure under
18 Section 1A-16.7 of the Election Code.
19 (ii) (ff) Information which is exempted from
20 disclosure under Section 2505-800 of the Department of
21 Revenue Law of the Civil Administrative Code of Illinois.
22 (jj) (ff) Information and reports that are required to
23 be submitted to the Department of Labor by registering day
24 and temporary labor service agencies but are exempt from
25 disclosure under subsection (a-1) of Section 45 of the Day
26 and Temporary Labor Services Act.

HB4314- 13 -LRB100 15650 RLC 30751 b
1(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
2eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
58-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
611-2-17.)
7 (Text of Section after amendment by P.A. 100-512)
8 Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11 (a) All information determined to be confidential
12 under Section 4002 of the Technology Advancement and
13 Development Act.
14 (b) Library circulation and order records identifying
15 library users with specific materials under the Library
16 Records Confidentiality Act.
17 (c) Applications, related documents, and medical
18 records received by the Experimental Organ Transplantation
19 Procedures Board and any and all documents or other records
20 prepared by the Experimental Organ Transplantation
21 Procedures Board or its staff relating to applications it
22 has received.
23 (d) Information and records held by the Department of
24 Public Health and its authorized representatives relating
25 to known or suspected cases of sexually transmissible

HB4314- 14 -LRB100 15650 RLC 30751 b
1 disease or any information the disclosure of which is
2 restricted under the Illinois Sexually Transmissible
3 Disease Control Act.
4 (e) Information the disclosure of which is exempted
5 under Section 30 of the Radon Industry Licensing Act.
6 (f) Firm performance evaluations under Section 55 of
7 the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (g) Information the disclosure of which is restricted
10 and exempted under Section 50 of the Illinois Prepaid
11 Tuition Act.
12 (h) Information the disclosure of which is exempted
13 under the State Officials and Employees Ethics Act, and
14 records of any lawfully created State or local inspector
15 general's office that would be exempt if created or
16 obtained by an Executive Inspector General's office under
17 that Act.
18 (i) Information contained in a local emergency energy
19 plan submitted to a municipality in accordance with a local
20 emergency energy plan ordinance that is adopted under
21 Section 11-21.5-5 of the Illinois Municipal Code.
22 (j) Information and data concerning the distribution
23 of surcharge moneys collected and remitted by carriers
24 under the Emergency Telephone System Act.
25 (k) Law enforcement officer identification information
26 or driver identification information compiled by a law

HB4314- 15 -LRB100 15650 RLC 30751 b
1 enforcement agency or the Department of Transportation
2 under Section 11-212 of the Illinois Vehicle Code.
3 (l) Records and information provided to a residential
4 health care facility resident sexual assault and death
5 review team or the Executive Council under the Abuse
6 Prevention Review Team Act.
7 (m) Information provided to the predatory lending
8 database created pursuant to Article 3 of the Residential
9 Real Property Disclosure Act, except to the extent
10 authorized under that Article.
11 (n) Defense budgets and petitions for certification of
12 compensation and expenses for court appointed trial
13 counsel as provided under Sections 10 and 15 of the Capital
14 Crimes Litigation Act. This subsection (n) shall apply
15 until the conclusion of the trial of the case, even if the
16 prosecution chooses not to pursue the death penalty prior
17 to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Regional Transportation Authority under Section 2.11 of
25 the Regional Transportation Authority Act or the St. Clair
26 County Transit District under the Bi-State Transit Safety

HB4314- 16 -LRB100 15650 RLC 30751 b
1 Act.
2 (q) Information prohibited from being disclosed by the
3 Personnel Records Review Act.
4 (r) Information prohibited from being disclosed by the
5 Illinois School Student Records Act.
6 (s) Information the disclosure of which is restricted
7 under Section 5-108 of the Public Utilities Act.
8 (t) All identified or deidentified health information
9 in the form of health data or medical records contained in,
10 stored in, submitted to, transferred by, or released from
11 the Illinois Health Information Exchange, and identified
12 or deidentified health information in the form of health
13 data and medical records of the Illinois Health Information
14 Exchange in the possession of the Illinois Health
15 Information Exchange Authority due to its administration
16 of the Illinois Health Information Exchange. The terms
17 "identified" and "deidentified" shall be given the same
18 meaning as in the Health Insurance Portability and
19 Accountability Act of 1996, Public Law 104-191, or any
20 subsequent amendments thereto, and any regulations
21 promulgated thereunder.
22 (u) Records and information provided to an independent
23 team of experts under Brian's Law.
24 (v) Names and information of people who have applied
25 for or received Firearm Owner's Identification Cards under
26 the Firearm Owners Identification Card Act before the

HB4314- 17 -LRB100 15650 RLC 30751 b
1 effective date of this amendatory Act of the 100th General
2 Assembly or applied for or received a concealed carry
3 license under the Firearm Concealed Carry Act, unless
4 otherwise authorized by the Firearm Concealed Carry Act;
5 and databases under the Firearm Concealed Carry Act,
6 records of the Concealed Carry Licensing Review Board under
7 the Firearm Concealed Carry Act, and law enforcement agency
8 objections under the Firearm Concealed Carry Act.
9 (w) Personally identifiable information which is
10 exempted from disclosure under subsection (g) of Section
11 19.1 of the Toll Highway Act.
12 (x) Information which is exempted from disclosure
13 under Section 5-1014.3 of the Counties Code or Section
14 8-11-21 of the Illinois Municipal Code.
15 (y) Confidential information under the Adult
16 Protective Services Act and its predecessor enabling
17 statute, the Elder Abuse and Neglect Act, including
18 information about the identity and administrative finding
19 against any caregiver of a verified and substantiated
20 decision of abuse, neglect, or financial exploitation of an
21 eligible adult maintained in the Registry established
22 under Section 7.5 of the Adult Protective Services Act.
23 (z) Records and information provided to a fatality
24 review team or the Illinois Fatality Review Team Advisory
25 Council under Section 15 of the Adult Protective Services
26 Act.

HB4314- 18 -LRB100 15650 RLC 30751 b
1 (aa) Information which is exempted from disclosure
2 under Section 2.37 of the Wildlife Code.
3 (bb) Information which is or was prohibited from
4 disclosure by the Juvenile Court Act of 1987.
5 (cc) Recordings made under the Law Enforcement
6 Officer-Worn Body Camera Act, except to the extent
7 authorized under that Act.
8 (dd) Information that is prohibited from being
9 disclosed under Section 45 of the Condominium and Common
10 Interest Community Ombudsperson Act.
11 (ee) Information that is exempted from disclosure
12 under Section 30.1 of the Pharmacy Practice Act.
13 (ff) Information that is exempted from disclosure
14 under the Revised Uniform Unclaimed Property Act.
15 (gg) (ff) Information that is prohibited from being
16 disclosed under Section 7-603.5 of the Illinois Vehicle
17 Code.
18 (hh) (ff) Records that are exempt from disclosure under
19 Section 1A-16.7 of the Election Code.
20 (ii) (ff) Information which is exempted from disclosure
21 under Section 2505-800 of the Department of Revenue Law of
22 the Civil Administrative Code of Illinois.
23 (jj) (ff) Information and reports that are required to
24 be submitted to the Department of Labor by registering day
25 and temporary labor service agencies but are exempt from
26 disclosure under subsection (a-1) of Section 45 of the Day

HB4314- 19 -LRB100 15650 RLC 30751 b
1 and Temporary Labor Services Act.
2 (kk) (ff) Information prohibited from disclosure under
3 the Seizure and Forfeiture Reporting Act.
4(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; revised 11-2-17.)
10 Section 10. The Department of State Police Law of the Civil
11Administrative Code of Illinois is amended by changing Sections
122605-45, 2605-300, and 2605-595 as follows:
13 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
14 Sec. 2605-45. Division of Administration. The Division of
15Administration shall exercise the following functions:
16 (1) Exercise the rights, powers, and duties vested in
17 the Department by the Governor's Office of Management and
18 Budget Act.
19 (2) Pursue research and the publication of studies
20 pertaining to local law enforcement activities.
21 (3) Exercise the rights, powers, and duties vested in
22 the Department by the Personnel Code.
23 (4) Operate an electronic data processing and computer
24 center for the storage and retrieval of data pertaining to

HB4314- 20 -LRB100 15650 RLC 30751 b
1 criminal activity.
2 (5) Exercise the rights, powers, and duties vested in
3 the former Division of State Troopers by Section 17 of the
4 State Police Act.
5 (6) Exercise the rights, powers, and duties vested in
6 the Department by "An Act relating to internal auditing in
7 State government", approved August 11, 1967 (repealed; now
8 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
9 (6.5) (Blank). Exercise the rights, powers, and duties
10 vested in the Department by the Firearm Owners
11 Identification Card Act.
12 (7) Exercise other duties that may be assigned by the
13 Director to fulfill the responsibilities and achieve the
14 purposes of the Department.
15(Source: P.A. 94-793, eff. 5-19-06.)
16 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
17 Sec. 2605-300. Records; crime laboratories; personnel. To
18do the following:
19 (1) Be a central repository and custodian of criminal
20 statistics for the State.
21 (2) Be a central repository for criminal history record
22 information.
23 (3) Procure and file for record information that is
24 necessary and helpful to plan programs of crime prevention,
25 law enforcement, and criminal justice.

HB4314- 21 -LRB100 15650 RLC 30751 b
1 (4) Procure and file for record copies of fingerprints
2 that may be required by law.
3 (5) Establish general and field crime laboratories.
4 (6) Register and file for record information that may
5 be required by law for the issuance of firearm owner's
6 identification cards under the Firearm Owners
7 Identification Card Act and concealed carry licenses under
8 the Firearm Concealed Carry Act.
9 (7) Employ laboratory technicians and other specially
10 qualified persons to aid in the identification of criminal
11 activity, and may employ polygraph operators.
12 (8) Undertake other identification, information,
13 laboratory, statistical, or registration activities that
14 may be required by law.
15(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
16 (20 ILCS 2605/2605-595)
17 Sec. 2605-595. State Police Firearm Services Fund.
18 (a) There is created in the State treasury a special fund
19known as the State Police Firearm Services Fund. The Fund shall
20receive revenue under the Firearm Concealed Carry Act and
21Section 5 of the Firearm Owners Identification Card Act. The
22Fund may also receive revenue from grants, pass-through grants,
23donations, appropriations, and any other legal source.
24 (b) The Department of State Police may use moneys in the
25Fund to finance any of its lawful purposes, mandates,

HB4314- 22 -LRB100 15650 RLC 30751 b
1functions, and duties under the Firearm Owners Identification
2Card Act and the Firearm Concealed Carry Act, including the
3cost of sending notices of expiration of Firearm Owner's
4Identification Cards, concealed carry licenses, the prompt and
5efficient processing of applications under the Firearm Owners
6Identification Card Act and the Firearm Concealed Carry Act,
7the improved efficiency and reporting of the LEADS and federal
8NICS law enforcement data systems, and support for
9investigations required under that Act these Acts and law. Any
10surplus funds beyond what is needed to comply with the
11aforementioned purposes shall be used by the Department to
12improve the Law Enforcement Agencies Data System (LEADS) and
13criminal history background check system.
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 (20 ILCS 2605/2605-120 rep.)
19 Section 15. The Department of State Police Law of the Civil
20Administrative Code of Illinois is amended by repealing Section
212605-120.
22 Section 20. The Criminal Identification Act is amended by
23changing Section 2.2 as follows:

HB4314- 23 -LRB100 15650 RLC 30751 b
1 (20 ILCS 2630/2.2)
2 Sec. 2.2. Notification to the Department. Upon judgment of
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
412-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
5Code of 2012 when the defendant has been determined, pursuant
6to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
7to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
8circuit court clerk shall include notification and a copy of
9the written determination in a report of the conviction to the
10Department of State Police Firearm Owner's Identification Card
11Office to enable the Department office to perform its duties
12under the Firearm Concealed Carry Act and Sections 4 and 8 of
13the Firearm Owners Identification Card Act and to report that
14determination to the Federal Bureau of Investigation to assist
15the Federal Bureau of Investigation in identifying persons
16prohibited from purchasing and possessing a firearm pursuant to
17the provisions of 18 U.S.C. 922. The written determination
18described in this Section shall be included in the defendant's
19record of arrest and conviction in the manner and form
20prescribed by the Department of State Police.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
22 Section 25. The State Finance Act is amended by changing
23Section 6z-99 as follows:
24 (30 ILCS 105/6z-99)

HB4314- 24 -LRB100 15650 RLC 30751 b
1 Sec. 6z-99. The Mental Health Reporting Fund.
2 (a) There is created in the State treasury a special fund
3known as the Mental Health Reporting Fund. The Fund shall
4receive revenue under the Firearm Concealed Carry Act. The Fund
5may also receive revenue from grants, pass-through grants,
6donations, appropriations, and any other legal source.
7 (b) The Department of State Police and Department of Human
8Services shall coordinate to use moneys in the Fund to finance
9their respective duties of collecting and reporting data on
10mental health records and ensuring that mental health firearm
11possession prohibitors are enforced as set forth under the
12Firearm Concealed Carry Act and the Firearm Owners
13Identification Card Act. Any surplus in the Fund beyond what is
14necessary to ensure compliance with mental health reporting
15under that Act these Acts shall be used by the Department of
16Human Services for mental health treatment programs.
17 (c) Investment income that is attributable to the
18investment of moneys in the Fund shall be retained in the Fund
19for the uses specified in this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
21 Section 30. The Peace Officer Firearm Training Act is
22amended by changing Section 1 as follows:
23 (50 ILCS 710/1) (from Ch. 85, par. 515)
24 Sec. 1. Definitions. As used in this Act:

HB4314- 25 -LRB100 15650 RLC 30751 b
1 (a) "Peace officer" means (i) any person who by virtue of
2his office or public employment is vested by law with a primary
3duty to maintain public order or to make arrests for offenses,
4whether that duty extends to all offenses or is limited to
5specific offenses, and who is employed in such capacity by any
6county or municipality or (ii) any retired law enforcement
7officers qualified under federal law to carry a concealed
8weapon.
9 (a-5) "Probation officer" means a county probation officer
10authorized by the Chief Judge of the Circuit Court to carry a
11firearm as part of his or her duties under Section 12 of the
12Probation and Probation Officers Act and Section 24-2 of the
13Criminal Code of 2012.
14 (b) "Firearms" means any weapon or device defined as a
15firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
16"An Act relating to the acquisition, possession and transfer of
17firearms and firearm ammunition, to provide a penalty for the
18violation thereof and to make an appropriation in connection
19therewith", approved August 3, 1967, as amended.
20(Source: P.A. 98-725, eff. 1-1-15.)
21 Section 35. The School Code is amended by changing Sections
2210-22.6, 10-27.1A and 34-8.05 as follows:
23 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
24 Sec. 10-22.6. Suspension or expulsion of pupils; school

HB4314- 26 -LRB100 15650 RLC 30751 b
1searches.
2 (a) To expel pupils guilty of gross disobedience or
3misconduct, including gross disobedience or misconduct
4perpetuated by electronic means, pursuant to subsection (b-20)
5of this Section, and no action shall lie against them for such
6expulsion. Expulsion shall take place only after the parents
7have been requested to appear at a meeting of the board, or
8with a hearing officer appointed by it, to discuss their
9child's behavior. Such request shall be made by registered or
10certified mail and shall state the time, place and purpose of
11the meeting. The board, or a hearing officer appointed by it,
12at such meeting shall state the reasons for dismissal and the
13date on which the expulsion is to become effective. If a
14hearing officer is appointed by the board, he shall report to
15the board a written summary of the evidence heard at the
16meeting and the board may take such action thereon as it finds
17appropriate. If the board acts to expel a pupil, the written
18expulsion decision shall detail the specific reasons why
19removing the pupil from the learning environment is in the best
20interest of the school. The expulsion decision shall also
21include a rationale as to the specific duration of the
22expulsion. An expelled pupil may be immediately transferred to
23an alternative program in the manner provided in Article 13A or
2413B of this Code. A pupil must not be denied transfer because
25of the expulsion, except in cases in which such transfer is
26deemed to cause a threat to the safety of students or staff in

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1the alternative program.
2 (b) To suspend or by policy to authorize the superintendent
3of the district or the principal, assistant principal, or dean
4of students of any school to suspend pupils guilty of gross
5disobedience or misconduct, or to suspend pupils guilty of
6gross disobedience or misconduct on the school bus from riding
7the school bus, pursuant to subsections (b-15) and (b-20) of
8this Section, and no action shall lie against them for such
9suspension. The board may by policy authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend pupils
12guilty of such acts for a period not to exceed 10 school days.
13If a pupil is suspended due to gross disobedience or misconduct
14on a school bus, the board may suspend the pupil in excess of
1510 school days for safety reasons.
16 Any suspension shall be reported immediately to the parents
17or guardian of a pupil along with a full statement of the
18reasons for such suspension and a notice of their right to a
19review. The school board must be given a summary of the notice,
20including the reason for the suspension and the suspension
21length. Upon request of the parents or guardian the school
22board or a hearing officer appointed by it shall review such
23action of the superintendent or principal, assistant
24principal, or dean of students. At such review the parents or
25guardian of the pupil may appear and discuss the suspension
26with the board or its hearing officer. If a hearing officer is

HB4314- 28 -LRB100 15650 RLC 30751 b
1appointed by the board he shall report to the board a written
2summary of the evidence heard at the meeting. After its hearing
3or upon receipt of the written report of its hearing officer,
4the board may take such action as it finds appropriate. If a
5student is suspended pursuant to this subsection (b), the board
6shall, in the written suspension decision, detail the specific
7act of gross disobedience or misconduct resulting in the
8decision to suspend. The suspension decision shall also include
9a rationale as to the specific duration of the suspension. A
10pupil who is suspended in excess of 20 school days may be
11immediately transferred to an alternative program in the manner
12provided in Article 13A or 13B of this Code. A pupil must not
13be denied transfer because of the suspension, except in cases
14in which such transfer is deemed to cause a threat to the
15safety of students or staff in the alternative program.
16 (b-5) Among the many possible disciplinary interventions
17and consequences available to school officials, school
18exclusions, such as out-of-school suspensions and expulsions,
19are the most serious. School officials shall limit the number
20and duration of expulsions and suspensions to the greatest
21extent practicable, and it is recommended that they use them
22only for legitimate educational purposes. To ensure that
23students are not excluded from school unnecessarily, it is
24recommended that school officials consider forms of
25non-exclusionary discipline prior to using out-of-school
26suspensions or expulsions.

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1 (b-10) Unless otherwise required by federal law or this
2Code, school boards may not institute zero-tolerance policies
3by which school administrators are required to suspend or expel
4students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be
6used only if the student's continuing presence in school would
7pose a threat to school safety or a disruption to other
8students' learning opportunities. For purposes of this
9subsection (b-15), "threat to school safety or a disruption to
10other students' learning opportunities" shall be determined on
11a case-by-case basis by the school board or its designee.
12School officials shall make all reasonable efforts to resolve
13such threats, address such disruptions, and minimize the length
14of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code,
16out-of-school suspensions of longer than 3 days, expulsions,
17and disciplinary removals to alternative schools may be used
18only if other appropriate and available behavioral and
19disciplinary interventions have been exhausted and the
20student's continuing presence in school would either (i) pose a
21threat to the safety of other students, staff, or members of
22the school community or (ii) substantially disrupt, impede, or
23interfere with the operation of the school. For purposes of
24this subsection (b-20), "threat to the safety of other
25students, staff, or members of the school community" and
26"substantially disrupt, impede, or interfere with the

HB4314- 30 -LRB100 15650 RLC 30751 b
1operation of the school" shall be determined on a case-by-case
2basis by school officials. For purposes of this subsection
3(b-20), the determination of whether "appropriate and
4available behavioral and disciplinary interventions have been
5exhausted" shall be made by school officials. School officials
6shall make all reasonable efforts to resolve such threats,
7address such disruptions, and minimize the length of student
8exclusions to the greatest extent practicable. Within the
9suspension decision described in subsection (b) of this Section
10or the expulsion decision described in subsection (a) of this
11Section, it shall be documented whether other interventions
12were attempted or whether it was determined that there were no
13other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer
15than 4 school days shall be provided appropriate and available
16support services during the period of their suspension. For
17purposes of this subsection (b-25), "appropriate and available
18support services" shall be determined by school authorities.
19Within the suspension decision described in subsection (b) of
20this Section, it shall be documented whether such services are
21to be provided or whether it was determined that there are no
22such appropriate and available services.
23 A school district may refer students who are expelled to
24appropriate and available support services.
25 A school district shall create a policy to facilitate the
26re-engagement of students who are suspended out-of-school,

HB4314- 31 -LRB100 15650 RLC 30751 b
1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7parent or guardian to notify school officials that a pupil
8suspended from the school bus does not have alternate
9transportation to school.
10 (c) The Department of Human Services shall be invited to
11send a representative to consult with the board at such meeting
12whenever there is evidence that mental illness may be the cause
13for expulsion or suspension.
14 (c-5) School districts shall make reasonable efforts to
15provide ongoing professional development to teachers,
16administrators, school board members, school resource
17officers, and staff on the adverse consequences of school
18exclusion and justice-system involvement, effective classroom
19management strategies, culturally responsive discipline, and
20developmentally appropriate disciplinary methods that promote
21positive and healthy school climates.
22 (d) The board may expel a student for a definite period of
23time not to exceed 2 calendar years, as determined on a
24case-by-case case by case basis. A student who is determined to
25have brought one of the following objects to school, any
26school-sponsored activity or event, or any activity or event

HB4314- 32 -LRB100 15650 RLC 30751 b
1that bears a reasonable relationship to school shall be
2expelled for a period of not less than one year:
3 (1) A firearm. For the purposes of this Section,
4 "firearm" means any gun, rifle, shotgun, weapon as defined
5 by Section 921 of Title 18 of the United States Code, or
6 firearm as defined in Section 2-7.5 1.1 of the Firearm
7 Owners Identification Card Act, or firearm as defined in
8 Section 24-1 of the Criminal Code of 2012. The expulsion
9 period under this subdivision (1) may be modified by the
10 superintendent, and the superintendent's determination may
11 be modified by the board on a case-by-case basis.
12 (2) A knife, brass knuckles or other knuckle weapon
13 regardless of its composition, a billy club, or any other
14 object if used or attempted to be used to cause bodily
15 harm, including "look alikes" of any firearm as defined in
16 subdivision (1) of this subsection (d). The expulsion
17 requirement under this subdivision (2) may be modified by
18 the superintendent, and the superintendent's determination
19 may be modified by the board on a case-by-case basis.
20Expulsion or suspension shall be construed in a manner
21consistent with the Federal Individuals with Disabilities
22Education Act. A student who is subject to suspension or
23expulsion as provided in this Section may be eligible for a
24transfer to an alternative school program in accordance with
25Article 13A of the School Code.
26 (d-5) The board may suspend or by regulation authorize the

HB4314- 33 -LRB100 15650 RLC 30751 b
1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case-by-case case by case
6basis, if (i) that student has been determined to have made an
7explicit threat on an Internet website against a school
8employee, a student, or any school-related personnel, (ii) the
9Internet website through which the threat was made is a site
10that was accessible within the school at the time the threat
11was made or was available to third parties who worked or
12studied within the school grounds at the time the threat was
13made, and (iii) the threat could be reasonably interpreted as
14threatening to the safety and security of the threatened
15individual because of his or her duties or employment status or
16status as a student inside the school.
17 (e) To maintain order and security in the schools, school
18authorities may inspect and search places and areas such as
19lockers, desks, parking lots, and other school property and
20equipment owned or controlled by the school, as well as
21personal effects left in those places and areas by students,
22without notice to or the consent of the student, and without a
23search warrant. As a matter of public policy, the General
24Assembly finds that students have no reasonable expectation of
25privacy in these places and areas or in their personal effects
26left in these places and areas. School authorities may request

HB4314- 34 -LRB100 15650 RLC 30751 b
1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13 (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16 (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A of
21this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program.
25 (h) School officials shall not advise or encourage students
26to drop out voluntarily due to behavioral or academic

HB4314- 35 -LRB100 15650 RLC 30751 b
1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen, or
5damaged property.
6 (j) Subsections (a) through (i) of this Section shall apply
7to elementary and secondary schools, charter schools, special
8charter districts, and school districts organized under
9Article 34 of this Code.
10 (k) The expulsion of children enrolled in programs funded
11under Section 1C-2 of this Code is subject to the requirements
12under paragraph (7) of subsection (a) of Section 2-3.71 of this
13Code.
14(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
15revised 9-22-17.)
16 (105 ILCS 5/10-27.1A)
17 Sec. 10-27.1A. Firearms in schools.
18 (a) All school officials, including teachers, guidance
19counselors, and support staff, shall immediately notify the
20office of the principal in the event that they observe any
21person in possession of a firearm on school grounds; provided
22that taking such immediate action to notify the office of the
23principal would not immediately endanger the health, safety, or
24welfare of students who are under the direct supervision of the
25school official or the school official. If the health, safety,

HB4314- 36 -LRB100 15650 RLC 30751 b
1or welfare of students under the direct supervision of the
2school official or of the school official is immediately
3endangered, the school official shall notify the office of the
4principal as soon as the students under his or her supervision
5and he or she are no longer under immediate danger. A report is
6not required by this Section when the school official knows
7that the person in possession of the firearm is a law
8enforcement official engaged in the conduct of his or her
9official duties. Any school official acting in good faith who
10makes such a report under this Section shall have immunity from
11any civil or criminal liability that might otherwise be
12incurred as a result of making the report. The identity of the
13school official making such report shall not be disclosed
14except as expressly and specifically authorized by law.
15Knowingly and willfully failing to comply with this Section is
16a petty offense. A second or subsequent offense is a Class C
17misdemeanor.
18 (b) Upon receiving a report from any school official
19pursuant to this Section, or from any other person, the
20principal or his or her designee shall immediately notify a
21local law enforcement agency. If the person found to be in
22possession of a firearm on school grounds is a student, the
23principal or his or her designee shall also immediately notify
24that student's parent or guardian. Any principal or his or her
25designee acting in good faith who makes such reports under this
26Section shall have immunity from any civil or criminal

HB4314- 37 -LRB100 15650 RLC 30751 b
1liability that might otherwise be incurred or imposed as a
2result of making the reports. Knowingly and willfully failing
3to comply with this Section is a petty offense. A second or
4subsequent offense is a Class C misdemeanor. If the person
5found to be in possession of the firearm on school grounds is a
6minor, the law enforcement agency shall detain that minor until
7such time as the agency makes a determination pursuant to
8clause (a) of subsection (1) of Section 5-401 of the Juvenile
9Court Act of 1987, as to whether the agency reasonably believes
10that the minor is delinquent. If the law enforcement agency
11determines that probable cause exists to believe that the minor
12committed a violation of item (4) of subsection (a) of Section
1324-1 of the Criminal Code of 2012 while on school grounds, the
14agency shall detain the minor for processing pursuant to
15Section 5-407 of the Juvenile Court Act of 1987.
16 (c) On or after January 1, 1997, upon receipt of any
17written, electronic, or verbal report from any school personnel
18regarding a verified incident involving a firearm in a school
19or on school owned or leased property, including any conveyance
20owned, leased, or used by the school for the transport of
21students or school personnel, the superintendent or his or her
22designee shall report all such firearm-related incidents
23occurring in a school or on school property to the local law
24enforcement authorities immediately and to the Department of
25State Police in a form, manner, and frequency as prescribed by
26the Department of State Police.

HB4314- 38 -LRB100 15650 RLC 30751 b
1 The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. The State Board of Education shall compile this
5information by school district and make it available to the
6public.
7 (d) As used in this Section, the term "firearm" shall have
8the meaning ascribed to it in Section 2-7.5 of the Criminal
9Code of 2012 1.1 of the Firearm Owners Identification Card Act.
10 As used in this Section, the term "school" means any public
11or private elementary or secondary school.
12 As used in this Section, the term "school grounds" includes
13the real property comprising any school, any conveyance owned,
14leased, or contracted by a school to transport students to or
15from school or a school-related activity, or any public way
16within 1,000 feet of the real property comprising any school.
17(Source: P.A. 97-1150, eff. 1-25-13.)
18 (105 ILCS 5/34-8.05)
19 Sec. 34-8.05. Reporting firearms in schools. On or after
20January 1, 1997, upon receipt of any written, electronic, or
21verbal report from any school personnel regarding a verified
22incident involving a firearm in a school or on school owned or
23leased property, including any conveyance owned, leased, or
24used by the school for the transport of students or school
25personnel, the general superintendent or his or her designee

HB4314- 39 -LRB100 15650 RLC 30751 b
1shall report all such firearm-related incidents occurring in a
2school or on school property to the local law enforcement
3authorities no later than 24 hours after the occurrence of the
4incident and to the Department of State Police in a form,
5manner, and frequency as prescribed by the Department of State
6Police.
7 The State Board of Education shall receive an annual
8statistical compilation and related data associated with
9incidents involving firearms in schools from the Department of
10State Police. As used in this Section, the term "firearm" shall
11have the meaning ascribed to it in Section 2-7.5 of the
12Criminal Code of 2012 1.1 of the Firearm Owners Identification
13Card Act.
14(Source: P.A. 89-498, eff. 6-27-96.)
15 Section 40. The Illinois Explosives Act is amended by
16changing Section 2005 as follows:
17 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
18 Sec. 2005. Qualifications for licensure.
19 (a) No person shall qualify to hold a license who:
20 (1) is under 21 years of age;
21 (2) has been convicted in any court of a crime
22 punishable by imprisonment for a term exceeding one year;
23 (3) is under indictment for a crime punishable by
24 imprisonment for a term exceeding one year;

HB4314- 40 -LRB100 15650 RLC 30751 b
1 (4) is a fugitive from justice;
2 (5) is an unlawful user of or addicted to any
3 controlled substance as defined in Section 102 of the
4 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
5 seq.);
6 (6) has been adjudicated a person with a mental
7 disability as defined in Section 6-103.1 of the Mental
8 Health and Developmental Disabilities Code 1.1 of the
9 Firearm Owners Identification Card Act; or
10 (7) is not a legal citizen of the United States.
11 (b) A person who has been granted a "relief from
12disabilities" regarding criminal convictions and indictments,
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
14845) may receive a license provided all other qualifications
15under this Act are met.
16(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
17 Section 45. The Private Detective, Private Alarm, Private
18Security, and Locksmith Act of 2004 is amended by changing
19Sections 35-30 and 35-35 as follows:
20 (225 ILCS 447/35-30)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 35-30. Employee requirements. All employees of a
23licensed agency, other than those exempted, shall apply for a
24permanent employee registration card. The holder of an agency

HB4314- 41 -LRB100 15650 RLC 30751 b
1license issued under this Act, known in this Section as
2"employer", may employ in the conduct of his or her business
3employees under the following provisions:
4 (a) No person shall be issued a permanent employee
5registration card who:
6 (1) Is younger than 18 years of age.
7 (2) Is younger than 21 years of age if the services
8 will include being armed.
9 (3) Has been determined by the Department to be unfit
10 by reason of conviction of an offense in this or another
11 state, including registration as a sex offender, but not
12 including a traffic offense. Persons convicted of felonies
13 involving bodily harm, weapons, violence, or theft within
14 the previous 10 years shall be presumed to be unfit for
15 registration. The Department shall adopt rules for making
16 those determinations that shall afford the applicant due
17 process of law.
18 (4) Has had a license or permanent employee
19 registration card denied, suspended, or revoked under this
20 Act (i) within one year before the date the person's
21 application for permanent employee registration card is
22 received by the Department; and (ii) that refusal, denial,
23 suspension, or revocation was based on any provision of
24 this Act other than Section 40-50, item (6) or (8) of
25 subsection (a) of Section 15-10, subsection (b) of Section
26 15-10, item (6) or (8) of subsection (a) of Section 20-10,

HB4314- 42 -LRB100 15650 RLC 30751 b
1 subsection (b) of Section 20-10, item (6) or (8) of
2 subsection (a) of Section 25-10, subsection (b) of Section
3 25-10, item (7) of subsection (a) of Section 30-10,
4 subsection (b) of Section 30-10, or Section 10-40.
5 (5) Has been declared incompetent by any court of
6 competent jurisdiction by reason of mental disease or
7 defect and has not been restored.
8 (6) Has been dishonorably discharged from the armed
9 services of the United States.
10 (b) No person may be employed by a private detective
11agency, private security contractor agency, private alarm
12contractor agency, fingerprint vendor agency, or locksmith
13agency under this Section until he or she has executed and
14furnished to the employer, on forms furnished by the
15Department, a verified statement to be known as "Employee's
16Statement" setting forth:
17 (1) The person's full name, age, and residence address.
18 (2) The business or occupation engaged in for the 5
19 years immediately before the date of the execution of the
20 statement, the place where the business or occupation was
21 engaged in, and the names of employers, if any.
22 (3) That the person has not had a license or employee
23 registration denied, revoked, or suspended under this Act
24 (i) within one year before the date the person's
25 application for permanent employee registration card is
26 received by the Department; and (ii) that refusal, denial,

HB4314- 43 -LRB100 15650 RLC 30751 b
1 suspension, or revocation was based on any provision of
2 this Act other than Section 40-50, item (6) or (8) of
3 subsection (a) of Section 15-10, subsection (b) of Section
4 15-10, item (6) or (8) of subsection (a) of Section 20-10,
5 subsection (b) of Section 20-10, item (6) or (8) of
6 subsection (a) of Section 25-10, subsection (b) of Section
7 25-10, item (7) of subsection (a) of Section 30-10,
8 subsection (b) of Section 30-10, or Section 10-40.
9 (4) Any conviction of a felony or misdemeanor.
10 (5) Any declaration of incompetence by a court of
11 competent jurisdiction that has not been restored.
12 (6) Any dishonorable discharge from the armed services
13 of the United States.
14 (7) Any other information as may be required by any
15 rule of the Department to show the good character,
16 competency, and integrity of the person executing the
17 statement.
18 (c) Each applicant for a permanent employee registration
19card shall have his or her fingerprints submitted to the
20Department of State Police in an electronic format that
21complies with the form and manner for requesting and furnishing
22criminal history record information as prescribed by the
23Department of State Police. These fingerprints shall be checked
24against the Department of State Police and Federal Bureau of
25Investigation criminal history record databases now and
26hereafter filed. The Department of State Police shall charge

HB4314- 44 -LRB100 15650 RLC 30751 b
1applicants a fee for conducting the criminal history records
2check, which shall be deposited in the State Police Services
3Fund and shall not exceed the actual cost of the records check.
4The Department of State Police shall furnish, pursuant to
5positive identification, records of Illinois convictions to
6the Department. The Department may require applicants to pay a
7separate fingerprinting fee, either to the Department or
8directly to the vendor. The Department, in its discretion, may
9allow an applicant who does not have reasonable access to a
10designated vendor to provide his or her fingerprints in an
11alternative manner. The Department, in its discretion, may also
12use other procedures in performing or obtaining criminal
13background checks of applicants. Instead of submitting his or
14her fingerprints, an individual may submit proof that is
15satisfactory to the Department that an equivalent security
16clearance has been conducted. Also, an individual who has
17retired as a peace officer within 12 months of application may
18submit verification, on forms provided by the Department and
19signed by his or her employer, of his or her previous full-time
20employment as a peace officer.
21 (d) The Department shall issue a permanent employee
22registration card, in a form the Department prescribes, to all
23qualified applicants. The holder of a permanent employee
24registration card shall carry the card at all times while
25actually engaged in the performance of the duties of his or her
26employment. Expiration and requirements for renewal of

HB4314- 45 -LRB100 15650 RLC 30751 b
1permanent employee registration cards shall be established by
2rule of the Department. Possession of a permanent employee
3registration card does not in any way imply that the holder of
4the card is employed by an agency unless the permanent employee
5registration card is accompanied by the employee
6identification card required by subsection (f) of this Section.
7 (e) Each employer shall maintain a record of each employee
8that is accessible to the duly authorized representatives of
9the Department. The record shall contain the following
10information:
11 (1) A photograph taken within 10 days of the date that
12 the employee begins employment with the employer. The
13 photograph shall be replaced with a current photograph
14 every 3 calendar years.
15 (2) The Employee's Statement specified in subsection
16 (b) of this Section.
17 (3) All correspondence or documents relating to the
18 character and integrity of the employee received by the
19 employer from any official source or law enforcement
20 agency.
21 (4) In the case of former employees, the employee
22 identification card of that person issued under subsection
23 (f) of this Section. Each employee record shall duly note
24 if the employee is employed in an armed capacity. Armed
25 employee files shall contain a copy of an active firearm
26 owner's identification card and a copy of an active firearm

HB4314- 46 -LRB100 15650 RLC 30751 b
1 control card. Each employer shall maintain a record for
2 each armed employee of each instance in which the
3 employee's weapon was discharged during the course of his
4 or her professional duties or activities. The record shall
5 be maintained on forms provided by the Department, a copy
6 of which must be filed with the Department within 15 days
7 of an instance. The record shall include the date and time
8 of the occurrence, the circumstances involved in the
9 occurrence, and any other information as the Department may
10 require. Failure to provide this information to the
11 Department or failure to maintain the record as a part of
12 each armed employee's permanent file is grounds for
13 disciplinary action. The Department, upon receipt of a
14 report, shall have the authority to make any investigation
15 it considers appropriate into any occurrence in which an
16 employee's weapon was discharged and to take disciplinary
17 action as may be appropriate.
18 (5) A copy of the employee's permanent employee
19 registration card or a copy of the Department's "License
20 Lookup" Webpage showing that the employee has been issued a
21 valid permanent employee registration card by the
22 Department.
23 The Department may, by rule, prescribe further record
24requirements.
25 (f) Every employer shall furnish an employee
26identification card to each of his or her employees. This

HB4314- 47 -LRB100 15650 RLC 30751 b
1employee identification card shall contain a recent photograph
2of the employee, the employee's name, the name and agency
3license number of the employer, the employee's personal
4description, the signature of the employer, the signature of
5that employee, the date of issuance, and an employee
6identification card number.
7 (g) No employer may issue an employee identification card
8to any person who is not employed by the employer in accordance
9with this Section or falsely state or represent that a person
10is or has been in his or her employ. It is unlawful for an
11applicant for registered employment to file with the Department
12the fingerprints of a person other than himself or herself.
13 (h) Every employer shall obtain the identification card of
14every employee who terminates employment with him or her.
15 (i) Every employer shall maintain a separate roster of the
16names of all employees currently working in an armed capacity
17and submit the roster to the Department on request.
18 (j) No agency may employ any person to perform a licensed
19activity under this Act unless the person possesses a valid
20permanent employee registration card or a valid license under
21this Act, or is exempt pursuant to subsection (n).
22 (k) Notwithstanding the provisions of subsection (j), an
23agency may employ a person in a temporary capacity if all of
24the following conditions are met:
25 (1) The agency completes in its entirety and submits to
26 the Department an application for a permanent employee

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1 registration card, including the required fingerprint
2 receipt and fees.
3 (2) The agency has verification from the Department
4 that the applicant has no record of any criminal conviction
5 pursuant to the criminal history check conducted by the
6 Department of State Police. The agency shall maintain the
7 verification of the results of the Department of State
8 Police criminal history check as part of the employee
9 record as required under subsection (e) of this Section.
10 (3) The agency exercises due diligence to ensure that
11 the person is qualified under the requirements of the Act
12 to be issued a permanent employee registration card.
13 (4) The agency maintains a separate roster of the names
14 of all employees whose applications are currently pending
15 with the Department and submits the roster to the
16 Department on a monthly basis. Rosters are to be maintained
17 by the agency for a period of at least 24 months.
18 An agency may employ only a permanent employee applicant
19for which it either submitted a permanent employee application
20and all required forms and fees or it confirms with the
21Department that a permanent employee application and all
22required forms and fees have been submitted by another agency,
23licensee or the permanent employee and all other requirements
24of this Section are met.
25 The Department shall have the authority to revoke, without
26a hearing, the temporary authority of an individual to work

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1upon receipt of Federal Bureau of Investigation fingerprint
2data or a report of another official authority indicating a
3criminal conviction. If the Department has not received a
4temporary employee's Federal Bureau of Investigation
5fingerprint data within 120 days of the date the Department
6received the Department of State Police fingerprint data, the
7Department may, at its discretion, revoke the employee's
8temporary authority to work with 15 days written notice to the
9individual and the employing agency.
10 An agency may not employ a person in a temporary capacity
11if it knows or reasonably should have known that the person has
12been convicted of a crime under the laws of this State, has
13been convicted in another state of any crime that is a crime
14under the laws of this State, has been convicted of any crime
15in a federal court, or has been posted as an unapproved
16applicant by the Department. Notice by the Department to the
17agency, via certified mail, personal delivery, electronic
18mail, or posting on the Department's Internet site accessible
19to the agency that the person has been convicted of a crime
20shall be deemed constructive knowledge of the conviction on the
21part of the agency. The Department may adopt rules to implement
22this subsection (k).
23 (l) No person may be employed under this Section in any
24capacity if:
25 (1) the person, while so employed, is being paid by the
26 United States or any political subdivision for the time so

HB4314- 50 -LRB100 15650 RLC 30751 b
1 employed in addition to any payments he or she may receive
2 from the employer; or
3 (2) the person wears any portion of his or her official
4 uniform, emblem of authority, or equipment while so
5 employed.
6 (m) If information is discovered affecting the
7registration of a person whose fingerprints were submitted
8under this Section, the Department shall so notify the agency
9that submitted the fingerprints on behalf of that person.
10 (n) Peace officers shall be exempt from the requirements of
11this Section relating to permanent employee registration
12cards. The agency shall remain responsible for any peace
13officer employed under this exemption, regardless of whether
14the peace officer is compensated as an employee or as an
15independent contractor and as further defined by rule.
16 (o) Persons who have no access to confidential or security
17information, who do not go to a client's or prospective
18client's residence or place of business, and who otherwise do
19not provide traditional security services are exempt from
20employee registration. Examples of exempt employees include,
21but are not limited to, employees working in the capacity of
22ushers, directors, ticket takers, cashiers, drivers, and
23reception personnel. Confidential or security information is
24that which pertains to employee files, scheduling, client
25contracts, or technical security and alarm data.
26 (p) An applicant who is 21 years of age or older seeking a

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1religious exemption to the photograph requirement of this
2Section shall furnish with the application an approved copy of
3United States Department of the Treasury Internal Revenue
4Service Form 4029. Regardless of age, an applicant seeking a
5religious exemption to this photograph requirement shall
6submit fingerprints in a form and manner prescribed by the
7Department with his or her application in lieu of a photograph.
8(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
9 (225 ILCS 447/35-35)
10 (Section scheduled to be repealed on January 1, 2024)
11 Sec. 35-35. Requirement of a firearm control card.
12 (a) No person shall perform duties that include the use,
13carrying, or possession of a firearm in the performance of
14those duties without complying with the provisions of this
15Section and having been issued a valid firearm control card by
16the Department.
17 (b) No employer shall employ any person to perform the
18duties for which licensure or employee registration is required
19and allow that person to carry a firearm unless that person has
20complied with all the firearm training requirements of this
21Section and has been issued a firearm control card. This Act
22permits only the following to carry firearms while actually
23engaged in the performance of their duties or while commuting
24directly to or from their places of employment: persons
25licensed as private detectives and their registered employees;

HB4314- 52 -LRB100 15650 RLC 30751 b
1persons licensed as private security contractors and their
2registered employees; persons licensed as private alarm
3contractors and their registered employees; and employees of a
4registered armed proprietary security force.
5 (c) Possession of a valid firearm control card allows a
6licensee or employee to carry a firearm not otherwise
7prohibited by law while the licensee or employee is engaged in
8the performance of his or her duties or while the licensee or
9employee is commuting directly to or from the licensee's or
10employee's place or places of employment.
11 (d) The Department shall issue a firearm control card to a
12person who has passed an approved firearm training course, who
13is currently licensed or employed by an agency licensed by this
14Act and has met all the requirements of this Act, and who is
15not prohibited under State or federal law from possessing a
16firearm possesses a valid firearm owner identification card.
17Application for the firearm control card shall be made by the
18employer to the Department on forms provided by the Department.
19The Department shall forward the card to the employer who shall
20be responsible for its issuance to the licensee or employee.
21The firearm control card shall be issued by the Department and
22shall identify the person holding it and the name of the course
23where the licensee or employee received firearm instruction and
24shall specify the type of weapon or weapons the person is
25authorized by the Department to carry and for which the person
26has been trained.

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1 (e) Expiration and requirements for renewal of firearm
2control cards shall be determined by rule.
3 (f) The Department may, in addition to any other
4disciplinary action permitted by this Act, refuse to issue,
5suspend, or revoke a firearm control card if the applicant or
6holder has been convicted of any felony or crime involving the
7illegal use, carrying, or possession of a deadly weapon or for
8a violation of this Act or rules adopted promulgated under this
9Act. The Department shall refuse to issue or shall revoke a
10firearm control card if the applicant or holder is prohibited
11under State or federal law from possessing a firearm fails to
12possess a valid firearm owners identification card without
13hearing. The Secretary shall summarily suspend a firearm
14control card if the Secretary finds that its continued use
15would constitute an imminent danger to the public. A hearing
16shall be held before the Board within 30 days if the Secretary
17summarily suspends a firearm control card.
18 (g) Notwithstanding any other provision of this Act to the
19contrary, all requirements relating to firearms control cards
20do not apply to a peace officer.
21 (h) The Department may issue a temporary firearm control
22card pending issuance of a new firearm control card upon an
23agency's acquiring of an established armed account. An agency
24that has acquired armed employees as a result of acquiring an
25established armed account may, on forms supplied by the
26Department, request the issuance of a temporary firearm control

HB4314- 54 -LRB100 15650 RLC 30751 b
1card for each acquired employee who held a valid firearm
2control card under his or her employment with the newly
3acquired established armed account immediately preceding the
4acquiring of the account and who continues to meet all of the
5qualifications for issuance of a firearm control card set forth
6in this Act and any rules adopted under this Act. The
7Department shall, by rule, set the fee for issuance of a
8temporary firearm control card.
9 (i) The Department shall not issue a firearm control card
10to a licensed fingerprint vendor or a licensed locksmith or
11employees of a licensed fingerprint vendor agency or a licensed
12locksmith agency.
13(Source: P.A. 98-253, eff. 8-9-13.)
14 Section 50. The Mental Health and Developmental
15Disabilities Code is amended by changing Sections 6-103.1,
166-103.2, and 6-103.3 as follows:
17 (405 ILCS 5/6-103.1)
18 Sec. 6-103.1. Adjudication as a person with a mental
19disability. When a person has been adjudicated as a person with
20a mental disability as defined in Section 1.1 of the Firearm
21Owners Identification Card Act, including, but not limited to,
22an adjudication as a person with a disability as defined in
23Section 11a-2 of the Probate Act of 1975, the court shall
24direct the circuit court clerk to notify the Department of

HB4314- 55 -LRB100 15650 RLC 30751 b
1State Police, Firearm Owner's Identification (FOID) Office, in
2a form and manner prescribed by the Department of State Police,
3and shall forward a copy of the court order to the Department
4no later than 7 days after the entry of the order. Upon receipt
5of the order, the Department of State Police shall provide
6notification to the National Instant Criminal Background Check
7System. For purposes of this Section, "has been adjudicated as
8a mentally disabled person" means the person is the subject of
9a determination by a court, board, commission, or other lawful
10authority that the person, as a result of marked subnormal
11intelligence, or mental illness, mental impairment,
12incompetency, condition, or disease:
13 (1) presents a clear and present danger to himself,
14 herself, or to others;
15 (2) lacks the mental capacity to manage his or her own
16 affairs or is adjudicated a disabled person as defined in
17 Section 11a-2 of the Probate Act of 1975;
18 (3) is not guilty in a criminal case by reason of
19 insanity, mental disease or defect;
20 (3.5) is guilty but mentally ill, as provided in
21 Section 5-2-6 of the Unified Code of Corrections;
22 (4) is incompetent to stand trial in a criminal case;
23 (5) is not guilty by reason of lack of mental
24 responsibility under Articles 50a and 72b of the Uniform
25 Code of Military Justice, 10 U.S.C. 850a, 876b;
26 (6) is a sexually violent person under subsection (f)

HB4314- 56 -LRB100 15650 RLC 30751 b
1 of Section 5 of the Sexually Violent Persons Commitment
2 Act;
3 (7) is a sexually dangerous person under the Sexually
4 Dangerous Persons Act;
5 (8) is unfit to stand trial under the Juvenile Court
6 Act of 1987;
7 (9) is not guilty by reason of insanity under the
8 Juvenile Court Act of 1987;
9 (10) is subject to involuntary admission as an
10 inpatient as defined in Section 1-119 of the Mental Health
11 and Developmental Disabilities Code;
12 (11) is subject to involuntary admission as an
13 outpatient as defined in Section 1-119.1 of the Mental
14 Health and Developmental Disabilities Code;
15 (12) is subject to judicial admission as set forth in
16 Section 4-500 of the Mental Health and Developmental
17 Disabilities Code; or
18 (13) is subject to the provisions of the Interstate
19 Agreements on Sexually Dangerous Persons Act.
20(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
21 (405 ILCS 5/6-103.2)
22 Sec. 6-103.2. Developmental disability; notice. If a
23person 14 years old or older is determined to be a person with
24a developmental disability by a physician, clinical
25psychologist, or qualified examiner, the physician, clinical

HB4314- 57 -LRB100 15650 RLC 30751 b
1psychologist, or qualified examiner shall notify the
2Department of Human Services within 7 days of making the
3determination that the person has a developmental disability.
4The Department of Human Services shall immediately update its
5records and information relating to mental health and
6developmental disabilities, and if appropriate, shall notify
7the Department of State Police in a form and manner prescribed
8by the Department of State Police. Information disclosed under
9this Section shall remain privileged and confidential, and
10shall not be redisclosed, except as required under clause
11(e)(2) of Section 24-4.5 of the Criminal Code of 2012
12subsection (e) of Section 3.1 of the Firearm Owners
13Identification Card Act, nor used for any other purpose. The
14method of providing this information shall guarantee that the
15information is not released beyond that which is necessary for
16the purpose of this Section and shall be provided by rule by
17the Department of Human Services. The identity of the person
18reporting under this Section shall not be disclosed to the
19subject of the report.
20 The physician, clinical psychologist, or qualified
21examiner making the determination and his or her employer may
22not be held criminally, civilly, or professionally liable for
23making or not making the notification required under this
24Section, except for willful or wanton misconduct.
25 In this Section, "developmentally disabled" has the
26meaning ascribed to it in Section 12 of the Mental Health and

HB4314- 58 -LRB100 15650 RLC 30751 b
1Developmental Disabilities Confidentiality Act.
2 For purposes of this Section, "developmental disability"
3means a disability which is attributable to any other condition
4which results in impairment similar to that caused by an
5intellectual disability and which requires services similar to
6those required by intellectually disabled persons. The
7disability must originate before the age of 18 years, be
8expected to continue indefinitely, and constitute a
9substantial disability. This disability results, in the
10professional opinion of a physician, clinical psychologist, or
11qualified examiner, in significant functional limitations in 3
12or more of the following areas of major life activity:
13 (i) self-care;
14 (ii) receptive and expressive language;
15 (iii) learning;
16 (iv) mobility; or
17 (v) self-direction.
18 "Determined to be a person with a developmental disability
19by a physician, clinical psychologist, or qualified examiner"
20means in the professional opinion of the physician, clinical
21psychologist, or qualified examiner, a person is diagnosed,
22assessed, or evaluated as having a developmental disability.
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
24eff. 7-27-15; 99-642, eff. 7-28-16.)
25 (405 ILCS 5/6-103.3)

HB4314- 59 -LRB100 15650 RLC 30751 b
1 Sec. 6-103.3. Clear and present danger; notice. If a person
2is determined to pose a clear and present danger to himself,
3herself, or to others by a physician, clinical psychologist, or
4qualified examiner, whether employed by the State, by any
5public or private mental health facility or part thereof, or by
6a law enforcement official or a school administrator, then the
7physician, clinical psychologist, qualified examiner shall
8notify the Department of Human Services and a law enforcement
9official or school administrator shall notify the Department of
10State Police, within 24 hours of making the determination that
11the person poses a clear and present danger. The Department of
12Human Services shall immediately update its records and
13information relating to mental health and developmental
14disabilities, and if appropriate, shall notify the Department
15of State Police in a form and manner prescribed by the
16Department of State Police. Information disclosed under this
17Section shall remain privileged and confidential, and shall not
18be redisclosed, except as required under clause (e)(2) of
19Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
20Section 3.1 of the Firearm Owners Identification Card Act, nor
21used for any other purpose. The method of providing this
22information shall guarantee that the information is not
23released beyond that which is necessary for the purpose of this
24Section and shall be provided by rule by the Department of
25Human Services. The identity of the person reporting under this
26Section shall not be disclosed to the subject of the report.

HB4314- 60 -LRB100 15650 RLC 30751 b
1The physician, clinical psychologist, qualified examiner, law
2enforcement official, or school administrator making the
3determination and his or her employer shall not be held
4criminally, civilly, or professionally liable for making or not
5making the notification required under this Section, except for
6willful or wanton misconduct. This Section does not apply to a
7law enforcement official, if making the notification under this
8Section will interfere with an ongoing or pending criminal
9investigation.
10 For the purposes of this Section:
11 "Clear and present danger" means a person who:
12 (1) communicates a serious threat of physical
13 violence against a reasonably identifiable victim or
14 poses a clear and imminent risk of serious physical
15 injury to himself, herself, or another person as
16 determined by a physician, clinical psychologist, or
17 qualified examiner; or
18 (2) demonstrates threatening physical or verbal
19 behavior, such as violent, suicidal, or assaultive
20 threats, actions, or other behavior, as determined by a
21 physician, clinical psychologist, qualified examiner,
22 school administrator, or law enforcement official.
23 "Physician", "clinical psychologist", and "qualified
24 examiner" have the meanings ascribed to them in the Mental
25 Health and Developmental Disabilities Code has the meaning
26 ascribed to it in Section 1.1 of the Firearm Owners

HB4314- 61 -LRB100 15650 RLC 30751 b
1 Identification Card Act.
2 "Determined to pose a clear and present danger to
3 himself, herself, or to others by a physician, clinical
4 psychologist, or qualified examiner" means in the
5 professional opinion of the physician, clinical
6 psychologist, or qualified examiner, a person poses a clear
7 and present danger.
8 "School administrator" means the person required to
9 report under the School Administrator Reporting of Mental
10 Health Clear and Present Danger Determinations Law.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
12 Section 55. The Lead Poisoning Prevention Act is amended by
13changing Section 2 as follows:
14 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
15 Sec. 2. Definitions. As used in this Act:
16 "Child care facility" means any structure used by a child
17care provider licensed by the Department of Children and Family
18Services or public or private school structure frequented by
19children 6 years of age or younger.
20 "Childhood Lead Risk Questionnaire" means the
21questionnaire developed by the Department for use by physicians
22and other health care providers to determine risk factors for
23children 6 years of age or younger residing in areas designated
24as low risk for lead exposure.

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1 "Delegate agency" means a unit of local government or
2health department approved by the Department to carry out the
3provisions of this Act.
4 "Department" means the Department of Public Health.
5 "Director" means the Director of Public Health.
6 "Dwelling unit" means an individual unit within a
7residential building used as living quarters for one household.
8 "Elevated blood lead level" means a blood lead level in
9excess of those considered within the permissible limits as
10established under State and federal rules.
11 "Exposed surface" means any interior or exterior surface of
12a regulated facility.
13 "High risk area" means an area in the State determined by
14the Department to be high risk for lead exposure for children 6
15years of age or younger. The Department may consider, but is
16not limited to, the following factors to determine a high risk
17area: age and condition (using Department of Housing and Urban
18Development definitions of "slum" and "blighted") of housing,
19proximity to highway traffic or heavy local traffic or both,
20percentage of housing determined as rental or vacant, proximity
21to industry using lead, established incidence of elevated blood
22lead levels in children, percentage of population living below
23200% of federal poverty guidelines, and number of children
24residing in the area who are 6 years of age or younger.
25 "Lead abatement" means any approved work practices that
26will permanently eliminate lead exposure or remove the

HB4314- 63 -LRB100 15650 RLC 30751 b
1lead-bearing substances in a regulated facility. The
2Department shall establish by rule which work practices are
3approved or prohibited for lead abatement.
4 "Lead abatement contractor" means any person or entity
5licensed by the Department to perform lead abatement and
6mitigation.
7 "Lead abatement supervisor" means any person employed by a
8lead abatement contractor and licensed by the Department to
9perform lead abatement and lead mitigation and to supervise
10lead workers who perform lead abatement and lead mitigation.
11 "Lead abatement worker" means any person employed by a lead
12abatement contractor and licensed by the Department to perform
13lead abatement and mitigation.
14 "Lead activities" means the conduct of any lead services,
15including, lead inspection, lead risk assessment, lead
16mitigation, or lead abatement work or supervision in a
17regulated facility.
18 "Lead-bearing substance" means any item containing or
19coated with lead such that the lead content is more than
20six-hundredths of one percent (0.06%) lead by total weight; or
21any dust on surfaces or in furniture or other nonpermanent
22elements of the regulated facility; or any paint or other
23surface coating material containing more than five-tenths of
24one percent (0.5%) lead by total weight (calculated as lead
25metal) in the total non-volatile content of liquid paint; or
26lead-bearing substances containing greater than one milligram

HB4314- 64 -LRB100 15650 RLC 30751 b
1per square centimeter or any lower standard for lead content in
2residential paint as may be established by federal law or rule;
3or more than 1 milligram per square centimeter in the dried
4film of paint or previously applied substance; or item or dust
5on item containing lead in excess of the amount specified in
6the rules authorized by this Act or a lower standard for lead
7content as may be established by federal law or rule.
8"Lead-bearing substance" does not include firearm ammunition
9or components as defined by Section 2-7.1 of the Criminal Code
10of 2012 the Firearm Owners Identification Card Act.
11 "Lead hazard" means a lead-bearing substance that poses an
12immediate health hazard to humans.
13 "Lead hazard screen" means a lead risk assessment that
14involves limited dust and paint sampling for lead-bearing
15substances and lead hazards. This service is used as a
16screening tool designed to determine if further lead
17investigative services are required for the regulated
18facility.
19 "Lead inspection" means a surface-by-surface investigation
20to determine the presence of lead-based paint.
21 "Lead inspector" means an individual who has been trained
22by a Department-approved training program and is licensed by
23the Department to conduct lead inspections; to sample for the
24presence of lead in paint, dust, soil, and water; and to
25conduct compliance investigations.
26 "Lead mitigation" means the remediation, in a manner

HB4314- 65 -LRB100 15650 RLC 30751 b
1described in Section 9, of a lead hazard so that the
2lead-bearing substance does not pose an immediate health hazard
3to humans.
4 "Lead poisoning" means the condition of having blood lead
5levels in excess of those considered safe under State and
6federal rules.
7 "Lead risk assessment" means an on-site investigation to
8determine the existence, nature, severity, and location of lead
9hazards. "Lead risk assessment" includes any lead sampling and
10visual assessment associated with conducting a lead risk
11assessment and lead hazard screen and all lead sampling
12associated with compliance investigations.
13 "Lead risk assessor" means an individual who has been
14trained by a Department-approved training program and is
15licensed by the Department to conduct lead risk assessments,
16lead inspections, and lead hazard screens; to sample for the
17presence of lead in paint, dust, soil, water, and sources for
18lead-bearing substances; and to conduct compliance
19investigations.
20 "Lead training program provider" means any person
21providing Department-approved lead training in Illinois to
22individuals seeking licensure in accordance with the Act.
23 "Low risk area" means an area in the State determined by
24the Department to be low risk for lead exposure for children 6
25years of age or younger. The Department may consider the
26factors named in "high risk area" to determine low risk areas.

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1 "Owner" means any person, who alone, jointly, or severally
2with others:
3 (a) Has legal title to any regulated facility, with or
4 without actual possession of the regulated facility, or
5 (b) Has charge, care, or control of the regulated
6 facility as owner or agent of the owner, or as executor,
7 administrator, trustee, or guardian of the estate of the
8 owner.
9 "Person" means any individual, partnership, firm, company,
10limited liability company, corporation, association, joint
11stock company, trust, estate, political subdivision, State
12agency, or any other legal entity, or their legal
13representative, agent, or assign.
14 "Regulated facility" means a residential building or child
15care facility.
16 "Residential building" means any room, group of rooms, or
17other interior areas of a structure designed or used for human
18habitation; common areas accessible by inhabitants; and the
19surrounding property or structures.
20(Source: P.A. 98-690, eff. 1-1-15.)
21 (430 ILCS 65/Act rep.)
22 Section 60. The Firearm Owners Identification Card Act is
23repealed.
24 Section 65. The Firearm Concealed Carry Act is amended by

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1changing Sections 25, 30, 40, 70, 80, and 105 as follows:
2 (430 ILCS 66/25)
3 Sec. 25. Qualifications for a license.
4 The Department shall issue a license to an applicant
5completing an application in accordance with Section 30 of this
6Act if the person:
7 (1) is at least 21 years of age;
8 (2) has a currently valid Firearm Owner's
9 Identification Card and at the time of application meets
10 the requirements for the issuance of a Firearm Owner's
11 Identification Card and is not prohibited under State or
12 the Firearm Owners Identification Card Act or federal law
13 from possessing or receiving a firearm;
14 (3) has not been convicted or found guilty in this
15 State or in any other state of:
16 (A) a misdemeanor involving the use or threat of
17 physical force or violence to any person within the 5
18 years preceding the date of the license application; or
19 (B) 2 or more violations related to driving while
20 under the influence of alcohol, other drug or drugs,
21 intoxicating compound or compounds, or any combination
22 thereof, within the 5 years preceding the date of the
23 license application;
24 (4) is not the subject of a pending arrest warrant,
25 prosecution, or proceeding for an offense or action that

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1 could lead to disqualification to own or possess a firearm;
2 (5) has not been in residential or court-ordered
3 treatment for alcoholism, alcohol detoxification, or drug
4 treatment within the 5 years immediately preceding the date
5 of the license application; and
6 (6) has completed firearms training and any education
7 component required under Section 75 of this Act.
8(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
9 (430 ILCS 66/30)
10 Sec. 30. Contents of license application.
11 (a) The license application shall be in writing, under
12penalty of perjury, on a standard form adopted by the
13Department and shall be accompanied by the documentation
14required in this Section and the applicable fee. Each
15application form shall include the following statement printed
16in bold type: "Warning: Entering false information on this form
17is punishable as perjury under Section 32-2 of the Criminal
18Code of 2012."
19 (b) The application shall contain the following:
20 (1) the applicant's name, current address, date and
21 year of birth, place of birth, height, weight, hair color,
22 eye color, maiden name or any other name the applicant has
23 used or identified with, and any address where the
24 applicant resided for more than 30 days within the 10 years
25 preceding the date of the license application;

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1 (2) the applicant's valid driver's license number or
2 valid state identification card number;
3 (3) a waiver of the applicant's privacy and
4 confidentiality rights and privileges under all federal
5 and state laws, including those limiting access to juvenile
6 court, criminal justice, psychological, or psychiatric
7 records or records relating to any institutionalization of
8 the applicant, and an affirmative request that a person
9 having custody of any of these records provide it or
10 information concerning it to the Department. The waiver
11 only applies to records sought in connection with
12 determining whether the applicant qualifies for a license
13 to carry a concealed firearm under this Act, or whether the
14 applicant remains in compliance with the Firearm Owners
15 Identification Card Act;
16 (4) an affirmation that the applicant is not prohibited
17 under State or federal law from possessing or receiving a
18 firearm possesses a currently valid Firearm Owner's
19 Identification Card and card number if possessed or notice
20 the applicant is applying for a Firearm Owner's
21 Identification Card in conjunction with the license
22 application;
23 (5) an affirmation that the applicant has not been
24 convicted or found guilty of:
25 (A) a felony;
26 (B) a misdemeanor involving the use or threat of

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

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1 of compliance with the training requirements under this
2 Act.
3(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
4 (430 ILCS 66/40)
5 Sec. 40. Non-resident license applications.
6 (a) For the purposes of this Section, "non-resident" means
7a person who has not resided within this State for more than 30
8days and resides in another state or territory.
9 (b) The Department shall by rule allow for non-resident
10license applications from any state or territory of the United
11States with laws related to firearm ownership, possession, and
12carrying, that are substantially similar to the requirements to
13obtain a license under this Act.
14 (c) A resident of a state or territory approved by the
15Department under subsection (b) of this Section may apply for a
16non-resident license. The applicant shall apply to the
17Department and must meet all of the qualifications established
18in Section 25 of this Act, except for the Illinois residency
19requirement in item (xiv) of paragraph (2) of subsection (a) of
20Section 4 of the Firearm Owners Identification Card Act. The
21applicant shall submit:
22 (1) the application and documentation required under
23 Section 30 of this Act and the applicable fee;
24 (2) a notarized document stating that the applicant:
25 (A) is eligible under federal law and the laws of

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

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1the Department shall ensure that the applicant would meet the
2eligibility criteria under State law to possess a firearm to
3obtain a Firearm Owner's Identification card if he or she was a
4resident of this State.
5 (e) Nothing in this Act shall prohibit a non-resident from
6transporting a concealed firearm within his or her vehicle in
7Illinois, if the concealed firearm remains within his or her
8vehicle and the non-resident:
9 (1) is not prohibited from owning or possessing a
10 firearm under federal law;
11 (2) is eligible to carry a firearm in public under the
12 laws of his or her state or territory of residence, as
13 evidenced by the possession of a concealed carry license or
14 permit issued by his or her state of residence, if
15 applicable; and
16 (3) is not in possession of a license under this Act.
17 If the non-resident leaves his or her vehicle unattended,
18he or she shall store the firearm within a locked vehicle or
19locked container within the vehicle in accordance with
20subsection (b) of Section 65 of this Act.
21(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
22eff. 7-20-15.)
23 (430 ILCS 66/70)
24 Sec. 70. Violations.
25 (a) A license issued or renewed under this Act shall be

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1revoked if, at any time, the licensee is found to be ineligible
2for a license under this Act or the licensee is prohibited from
3possessing a firearm under State or federal law no longer meets
4the eligibility requirements of the Firearm Owners
5Identification Card Act.
6 (b) A license shall be suspended if an order of protection,
7including an emergency order of protection, plenary order of
8protection, or interim order of protection under Article 112A
9of the Code of Criminal Procedure of 1963 or under the Illinois
10Domestic Violence Act of 1986, is issued against a licensee for
11the duration of the order, or if the Department is made aware
12of a similar order issued against the licensee in any other
13jurisdiction. If an order of protection is issued against a
14licensee, the licensee shall surrender the license, as
15applicable, to the court at the time the order is entered or to
16the law enforcement agency or entity serving process at the
17time the licensee is served the order. The court, law
18enforcement agency, or entity responsible for serving the order
19of protection shall notify the Department within 7 days and
20transmit the license to the Department.
21 (c) A license is invalid upon expiration of the license,
22unless the licensee has submitted an application to renew the
23license, and the applicant is otherwise eligible to possess a
24license under this Act.
25 (d) A licensee shall not carry a concealed firearm while
26under the influence of alcohol, other drug or drugs,

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1intoxicating compound or combination of compounds, or any
2combination thereof, under the standards set forth in
3subsection (a) of Section 11-501 of the Illinois Vehicle Code.
4 A licensee in violation of this subsection (d) shall be
5guilty of a Class A misdemeanor for a first or second violation
6and a Class 4 felony for a third violation. The Department may
7suspend a license for up to 6 months for a second violation and
8shall permanently revoke a license for a third violation.
9 (e) Except as otherwise provided, a licensee in violation
10of this Act shall be guilty of a Class B misdemeanor. A second
11or subsequent violation is a Class A misdemeanor. The
12Department may suspend a license for up to 6 months for a
13second violation and shall permanently revoke a license for 3
14or more violations of Section 65 of this Act. Any person
15convicted of a violation under this Section shall pay a $150
16fee to be deposited into the Mental Health Reporting Fund, plus
17any applicable court costs or fees.
18 (f) A licensee convicted or found guilty of a violation of
19this Act who has a valid license and is otherwise eligible to
20carry a concealed firearm shall only be subject to the
21penalties under this Section and shall not be subject to the
22penalties under Section 21-6, paragraph (4), (8), or (10) of
23subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
24of paragraph (3) of subsection (a) of Section 24-1.6 of the
25Criminal Code of 2012. Except as otherwise provided in this
26subsection, nothing in this subsection prohibits the licensee

HB4314- 76 -LRB100 15650 RLC 30751 b
1from being subjected to penalties for violations other than
2those specified in this Act.
3 (g) A licensee whose license is revoked, suspended, or
4denied shall, within 48 hours of receiving notice of the
5revocation, suspension, or denial, surrender his or her
6concealed carry license to the local law enforcement agency
7where the person resides. The local law enforcement agency
8shall provide the licensee a receipt and transmit the concealed
9carry license to the Department of State Police. If the
10licensee whose concealed carry license has been revoked,
11suspended, or denied fails to comply with the requirements of
12this subsection, the law enforcement agency where the person
13resides may petition the circuit court to issue a warrant to
14search for and seize the concealed carry license in the
15possession and under the custody or control of the licensee
16whose concealed carry license has been revoked, suspended, or
17denied. The observation of a concealed carry license in the
18possession of a person whose license has been revoked,
19suspended, or denied constitutes a sufficient basis for the
20arrest of that person for violation of this subsection. A
21violation of this subsection is a Class A misdemeanor.
22 (h) (Blank). A license issued or renewed under this Act
23shall be revoked if, at any time, the licensee is found
24ineligible for a Firearm Owner's Identification Card, or the
25licensee no longer possesses a valid Firearm Owner's
26Identification Card. A licensee whose license is revoked under

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1this subsection (h) shall surrender his or her concealed carry
2license as provided for in subsection (g) of this Section.
3 This subsection shall not apply to a person who has filed
4an application with the State Police for renewal of a Firearm
5Owner's Identification Card and who is not otherwise ineligible
6to obtain a Firearm Owner's Identification Card.
7 (i) A certified firearms instructor who knowingly provides
8or offers to provide a false certification that an applicant
9has completed firearms training as required under this Act is
10guilty of a Class A misdemeanor. A person guilty of a violation
11of this subsection (i) is not eligible for court supervision.
12The Department shall permanently revoke the firearms
13instructor certification of a person convicted under this
14subsection (i).
15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
16eff. 8-15-14.)
17 (430 ILCS 66/80)
18 Sec. 80. Certified firearms instructors.
19 (a) Within 60 days of the effective date of this Act, the
20Department shall begin approval of certified firearms
21instructors and enter certified firearms instructors into an
22online registry on the Department's website.
23 (b) A person who is not a certified firearms instructor
24shall not teach applicant training courses or advertise or
25otherwise represent courses they teach as qualifying their

HB4314- 78 -LRB100 15650 RLC 30751 b
1students to meet the requirements to receive a license under
2this Act. Each violation of this subsection is a business
3offense with a fine of at least $1,000 per violation.
4 (c) A person seeking to become a certified firearms
5instructor shall:
6 (1) be at least 21 years of age;
7 (2) be a legal resident of the United States; and
8 (3) meet the requirements of Section 25 of this Act,
9 except for the Illinois residency requirement in item (xiv)
10 of paragraph (2) of subsection (a) of Section 4 of the
11 Firearm Owners Identification Card Act; and any additional
12 uniformly applied requirements established by the
13 Department.
14 (d) A person seeking to become a certified firearms
15instructor, in addition to the requirements of subsection (c)
16of this Section, shall:
17 (1) possess a high school diploma or high school
18 equivalency certificate; and
19 (2) have at least one of the following valid firearms
20 instructor certifications:
21 (A) certification from a law enforcement agency;
22 (B) certification from a firearm instructor course
23 offered by a State or federal governmental agency;
24 (C) certification from a firearm instructor
25 qualification course offered by the Illinois Law
26 Enforcement Training Standards Board; or

HB4314- 79 -LRB100 15650 RLC 30751 b
1 (D) certification from an entity approved by the
2 Department that offers firearm instructor education
3 and training in the use and safety of firearms.
4 (e) A person may have his or her firearms instructor
5certification denied or revoked if he or she does not meet the
6requirements to obtain a license under this Act, provides false
7or misleading information to the Department, or has had a prior
8instructor certification revoked or denied by the Department.
9(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
10eff. 1-1-15.)
11 (430 ILCS 66/105)
12 Sec. 105. Duty of school administrator. It is the duty of
13the principal of a public elementary or secondary school, or
14his or her designee, and the chief administrative officer of a
15private elementary or secondary school or a public or private
16community college, college, or university, or his or her
17designee, to report to the Department of State Police when a
18student is determined to pose a clear and present danger to
19himself, herself, or to others, within 24 hours of the
20determination as provided in Section 6-103.3 of the Mental
21Health and Developmental Disabilities Code. "Clear and present
22danger" has the meaning as provided in paragraph (2) of the
23definition of "clear and present danger" in Section 6-103.3 of
24the Mental Health and Developmental Disabilities Code 1.1 of
25the Firearm Owners Identification Card Act.

HB4314- 80 -LRB100 15650 RLC 30751 b
1(Source: P.A. 98-63, eff. 7-9-13.)
2 Section 70. The Wildlife Code is amended by changing
3Sections 3.2 and 3.2a as follows:
4 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
5 Sec. 3.2. Hunting license; application; instruction.
6Before the Department or any county, city, village, township,
7incorporated town clerk or his duly designated agent or any
8other person authorized or designated by the Department to
9issue hunting licenses shall issue a hunting license to any
10person, the person shall file his application with the
11Department or other party authorized to issue licenses on a
12form provided by the Department and further give definite proof
13of identity and place of legal residence. Each clerk
14designating agents to issue licenses and stamps shall furnish
15the Department, within 10 days following the appointment, the
16names and mailing addresses of the agents. Each clerk or his
17duly designated agent shall be authorized to sell licenses and
18stamps only within the territorial area for which he was
19elected or appointed. No duly designated agent is authorized to
20furnish licenses or stamps for issuance by any other business
21establishment. Each application shall be executed and sworn to
22and shall set forth the name and description of the applicant
23and place of residence.
24 No hunting license shall be issued to any person born on or

HB4314- 81 -LRB100 15650 RLC 30751 b
1after January 1, 1980 unless he presents the person authorized
2to issue the license evidence that he has held a hunting
3license issued by the State of Illinois or another state in a
4prior year, or a certificate of competency as provided in this
5Section. Persons under 16 years of age may be issued a Lifetime
6Hunting or Sportsmen's Combination License as provided under
7Section 20-45 of the Fish and Aquatic Life Code but shall not
8be entitled to hunt unless they have a certificate of
9competency as provided in this Section and they shall have the
10certificate in their possession while hunting.
11 The Department of Natural Resources shall authorize
12personnel of the Department or certified volunteer instructors
13to conduct courses, of not less than 10 hours in length, in
14firearms and hunter safety, which may include training in bow
15and arrow safety, at regularly specified intervals throughout
16the State. Persons successfully completing the course shall
17receive a certificate of competency. The Department of Natural
18Resources may further cooperate with any reputable association
19or organization in establishing courses if the organization has
20as one of its objectives the promotion of safety in the
21handling of firearms or bow and arrow.
22 The Department of Natural Resources shall designate any
23person found by it to be competent to give instruction in the
24handling of firearms, hunter safety, and bow and arrow. The
25persons so appointed shall give the course of instruction and
26upon the successful completion shall issue to the person

HB4314- 82 -LRB100 15650 RLC 30751 b
1instructed a certificate of competency in the safe handling of
2firearms, hunter safety, and bow and arrow. No charge shall be
3made for any course of instruction except for materials or
4ammunition consumed. The Department of Natural Resources shall
5furnish information on the requirements of hunter safety
6education programs to be distributed free of charge to
7applicants for hunting licenses by the persons appointed and
8authorized to issue licenses. Funds for the conducting of
9firearms and hunter safety courses shall be taken from the fee
10charged for the Firearm Owners Identification Card.
11 The fee for a hunting license to hunt all species for a
12resident of Illinois is $12. For residents age 65 or older,
13and, commencing with the 2012 license year, resident veterans
14of the United States Armed Forces after returning from service
15abroad or mobilization by the President of the United States,
16the fee is one-half of the fee charged for a hunting license to
17hunt all species for a resident of Illinois. Veterans must
18provide to the Department, at one of the Department's 5
19regional offices, verification of their service. The
20Department shall establish what constitutes suitable
21verification of service for the purpose of issuing resident
22veterans hunting licenses at a reduced fee. The fee for a
23hunting license to hunt all species shall be $1 for residents
24over 75 years of age. Nonresidents shall be charged $57 for a
25hunting license.
26 Nonresidents may be issued a nonresident hunting license

HB4314- 83 -LRB100 15650 RLC 30751 b
1for a period not to exceed 10 consecutive days' hunting in the
2State and shall be charged a fee of $35.
3 A special nonresident hunting license authorizing a
4nonresident to take game birds by hunting on a game breeding
5and hunting preserve area only, established under Section 3.27,
6shall be issued upon proper application being made and payment
7of a fee equal to that for a resident hunting license. The
8expiration date of this license shall be on the same date each
9year that game breeding and hunting preserve area licenses
10expire.
11 Each applicant for a State Migratory Waterfowl Stamp,
12regardless of his residence or other condition, shall pay a fee
13of $15 and shall receive a stamp. The fee for a State Migratory
14Waterfowl Stamp shall be waived for residents over 75 years of
15age. Except as provided under Section 20-45 of the Fish and
16Aquatic Life Code, the stamp shall be signed by the person or
17affixed to his license or permit in a space designated by the
18Department for that purpose.
19 Each applicant for a State Habitat Stamp, regardless of his
20residence or other condition, shall pay a fee of $5 and shall
21receive a stamp. The fee for a State Habitat Stamp shall be
22waived for residents over 75 years of age. Except as provided
23under Section 20-45 of the Fish and Aquatic Life Code, the
24stamp shall be signed by the person or affixed to his license
25or permit in a space designated by the Department for that
26purpose.

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1 Nothing in this Section shall be construed as to require
2the purchase of more than one State Habitat Stamp by any person
3in any one license year.
4 The fees for State Pheasant Stamps and State Furbearer
5Stamps shall be waived for residents over 75 years of age.
6 The Department shall furnish the holders of hunting
7licenses and stamps with an insignia as evidence of possession
8of license, or license and stamp, as the Department may
9consider advisable. The insignia shall be exhibited and used as
10the Department may order.
11 All other hunting licenses and all State stamps shall
12expire upon March 31 of each year.
13 Every person holding any license, permit, or stamp issued
14under the provisions of this Act shall have it in his
15possession for immediate presentation for inspection to the
16officers and authorized employees of the Department, any
17sheriff, deputy sheriff, or any other peace officer making a
18demand for it. This provision shall not apply to Department
19owned or managed sites where it is required that all hunters
20deposit their license or , permit , or Firearm Owner's
21Identification Card at the check station upon entering the
22hunting areas.
23(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
24 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
25 Sec. 3.2a. Every person holding any license, permit or

HB4314- 85 -LRB100 15650 RLC 30751 b
1stamp issued under the provisions hereof shall have it in his
2possession for immediate presentation for inspection to the
3officers and authorized employees of the Department, any
4sheriff, deputy sheriff or any other peace officer making a
5demand for it. This provision shall not apply to Department
6owned or managed sites where it is required that all hunters
7deposit their license or , permit or Firearm Owner's
8Identification Card at the check station upon entering the
9hunting areas.
10(Source: P.A. 85-152.)
11 Section 75. The Clerks of Courts Act is amended by changing
12Section 27.3a as follows:
13 (705 ILCS 105/27.3a)
14 Sec. 27.3a. Fees for automated record keeping, probation
15and court services operations, State and Conservation Police
16operations, and e-business programs.
17 1. The expense of establishing and maintaining automated
18record keeping systems in the offices of the clerks of the
19circuit court shall be borne by the county. To defray such
20expense in any county having established such an automated
21system or which elects to establish such a system, the county
22board may require the clerk of the circuit court in their
23county to charge and collect a court automation fee of not less
24than $1 nor more than $25 to be charged and collected by the

HB4314- 86 -LRB100 15650 RLC 30751 b
1clerk of the court. Such fee shall be paid at the time of
2filing the first pleading, paper or other appearance filed by
3each party in all civil cases or by the defendant in any
4felony, traffic, misdemeanor, municipal ordinance, or
5conservation case upon a judgment of guilty or grant of
6supervision, provided that the record keeping system which
7processes the case category for which the fee is charged is
8automated or has been approved for automation by the county
9board, and provided further that no additional fee shall be
10required if more than one party is presented in a single
11pleading, paper or other appearance. Such fee shall be
12collected in the manner in which all other fees or costs are
13collected.
14 1.1. Starting on July 6, 2012 (the effective date of Public
15Act 97-761) and pursuant to an administrative order from the
16chief judge of the circuit or the presiding judge of the county
17authorizing such collection, a clerk of the circuit court in
18any county that imposes a fee pursuant to subsection 1 of this
19Section shall also charge and collect an additional $10
20operations fee for probation and court services department
21operations.
22 This additional fee shall be paid by the defendant in any
23felony, traffic, misdemeanor, local ordinance, or conservation
24case upon a judgment of guilty or grant of supervision, except
25such $10 operations fee shall not be charged and collected in
26cases governed by Supreme Court Rule 529 in which the bail

HB4314- 87 -LRB100 15650 RLC 30751 b
1amount is $120 or less.
2 1.2. With respect to the fee imposed and collected under
3subsection 1.1 of this Section, each clerk shall transfer all
4fees monthly to the county treasurer for deposit into the
5probation and court services fund created under Section 15.1 of
6the Probation and Probation Officers Act, and such monies shall
7be disbursed from the fund only at the direction of the chief
8judge of the circuit or another judge designated by the Chief
9Circuit Judge in accordance with the policies and guidelines
10approved by the Supreme Court.
11 1.5. Starting on June 1, 2014, a clerk of the circuit court
12in any county that imposes a fee pursuant to subsection 1 of
13this Section, shall charge and collect an additional fee in an
14amount equal to the amount of the fee imposed pursuant to
15subsection 1 of this Section, except the fee imposed under this
16subsection may not be more than $15. This additional fee shall
17be paid by the defendant in any felony, traffic, misdemeanor,
18or local ordinance case upon a judgment of guilty or grant of
19supervision. This fee shall not be paid by the defendant for
20any violation listed in subsection 1.6 of this Section.
21 1.6. Starting on June 1, 2014, a clerk of the circuit court
22in any county that imposes a fee pursuant to subsection 1 of
23this Section shall charge and collect an additional fee in an
24amount equal to the amount of the fee imposed pursuant to
25subsection 1 of this Section, except the fee imposed under this
26subsection may not be more than $15. This additional fee shall

HB4314- 88 -LRB100 15650 RLC 30751 b
1be paid by the defendant upon a judgment of guilty or grant of
2supervision for a violation under the State Parks Act, the
3Recreational Trails of Illinois Act, the Illinois Explosives
4Act, the Timber Buyers Licensing Act, the Forest Products
5Transportation Act, the Firearm Owners Identification Card
6Act, the Environmental Protection Act, the Fish and Aquatic
7Life Code, the Wildlife Code, the Cave Protection Act, the
8Illinois Exotic Weed Act, the Illinois Forestry Development
9Act, the Ginseng Harvesting Act, the Illinois Lake Management
10Program Act, the Illinois Natural Areas Preservation Act, the
11Illinois Open Land Trust Act, the Open Space Lands Acquisition
12and Development Act, the Illinois Prescribed Burning Act, the
13State Forest Act, the Water Use Act of 1983, the Illinois
14Veteran, Youth, and Young Adult Conservation Jobs Act, the
15Snowmobile Registration and Safety Act, the Boat Registration
16and Safety Act, the Illinois Dangerous Animals Act, the Hunter
17and Fishermen Interference Prohibition Act, the Wrongful Tree
18Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1911-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
20the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
21Criminal Code of 2012.
22 1.7. Starting on the 30th day after the effective date of
23this amendatory Act of the 99th General Assembly, a clerk of
24the circuit court in any county that imposes a fee pursuant to
25subsection 1 of this Section shall also charge and collect an
26additional $9 e-business fee. The fee shall be paid at the time

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1of filing the first pleading, paper, or other appearance filed
2by each party in all civil cases, except no additional fee
3shall be required if more than one party is presented in a
4single pleading, paper, or other appearance. The fee shall be
5collected in the manner in which all other fees or costs are
6collected. The fee shall be in addition to all other fees and
7charges of the clerk, and assessable as costs, and may be
8waived only if the judge specifically provides for the waiver
9of the e-business fee. The fee shall not be charged in any
10matter coming to the clerk on a change of venue, nor in any
11proceeding to review the decision of any administrative
12officer, agency, or body.
13 2. With respect to the fee imposed under subsection 1 of
14this Section, each clerk shall commence such charges and
15collections upon receipt of written notice from the chairman of
16the county board together with a certified copy of the board's
17resolution, which the clerk shall file of record in his office.
18 3. With respect to the fee imposed under subsection 1 of
19this Section, such fees shall be in addition to all other fees
20and charges of such clerks, and assessable as costs, and may be
21waived only if the judge specifically provides for the waiver
22of the court automation fee. The fees shall be remitted monthly
23by such clerk to the county treasurer, to be retained by him in
24a special fund designated as the court automation fund. The
25fund shall be audited by the county auditor, and the board
26shall make expenditure from the fund in payment of any cost

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1related to the automation of court records, including hardware,
2software, research and development costs and personnel related
3thereto, provided that the expenditure is approved by the clerk
4of the court and by the chief judge of the circuit court or his
5designate.
6 4. With respect to the fee imposed under subsection 1 of
7this Section, such fees shall not be charged in any matter
8coming to any such clerk on change of venue, nor in any
9proceeding to review the decision of any administrative
10officer, agency or body.
11 5. With respect to the additional fee imposed under
12subsection 1.5 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 State Police Operations Assistance
15Fund.
16 6. With respect to the additional fees imposed under
17subsection 1.5 of this Section, the Director of State Police
18may direct the use of these fees for homeland security purposes
19by transferring these fees on a quarterly basis from the State
20Police Operations Assistance Fund into the Illinois Law
21Enforcement Alarm Systems (ILEAS) Fund for homeland security
22initiatives programs. The transferred fees shall be allocated,
23subject to the approval of the ILEAS Executive Board, as
24follows: (i) 66.6% shall be used for homeland security
25initiatives and (ii) 33.3% shall be used for airborne
26operations. The ILEAS Executive Board shall annually supply the

HB4314- 91 -LRB100 15650 RLC 30751 b
1Director of State Police with a report of the use of these
2fees.
3 7. With respect to the additional fee imposed under
4subsection 1.6 of this Section, the fee shall be remitted by
5the circuit clerk to the State Treasurer within one month after
6receipt for deposit into the Conservation Police Operations
7Assistance Fund.
8 8. With respect to the fee imposed under subsection 1.7 of
9this Section, the clerk shall remit the fee to the State
10Treasurer within one month after receipt for deposit into the
11Supreme Court Special Purposes Fund. Unless otherwise
12authorized by this Act, the moneys deposited into the Supreme
13Court Special Purposes Fund under this subsection are not
14subject to administrative charges or chargebacks under Section
1520 of the State Treasurer Act.
16(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
1798-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
18 Section 80. The Criminal Code of 2012 is amended by
19changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2024-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3B, 24-3.1, 24-3.2,
2124-3.4, 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as
22follows:
23 (720 ILCS 5/2-7.1)
24 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".

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1"Firearm "Firearm" and "firearm ammunition" means any
2self-contained cartridge or shotgun shell, by whatever name
3known, which is designed to be used or adaptable to use in a
4firearm; excluding, however:
5 (1) any ammunition exclusively designed for use with a
6device used exclusively for signalling or safety and required
7or recommended by the United States Coast Guard or the
8Interstate Commerce Commission; and
9 (2) any ammunition designed exclusively for use with a stud
10or rivet driver or other similar industrial ammunition have the
11meanings ascribed to them in Section 1.1 of the Firearm Owners
12Identification Card Act.
13(Source: P.A. 91-544, eff. 1-1-00.)
14 (720 ILCS 5/2-7.5)
15 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
16specific Section, "firearm" means any device, by whatever name
17known, which is designed to expel a projectile or projectiles
18by the action of an explosion, expansion of gas or escape of
19gas; excluding, however:
20 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
21gun which expels a single globular projectile not exceeding .18
22inch in diameter or which has a maximum muzzle velocity of less
23than 700 feet per second;
24 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
25gun which expels breakable paint balls containing washable

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1marking colors;
2 (2) any device used exclusively for signalling or safety
3and required or recommended by the United States Coast Guard or
4the Interstate Commerce Commission;
5 (3) any device used exclusively for the firing of stud
6cartridges, explosive rivets, or similar industrial
7ammunition; and
8 (4) an antique firearm (other than a machine-gun) which,
9although designed as a weapon, the Department of State Police
10finds by reason of the date of its manufacture, value, design,
11and other characteristics is primarily a collector's item and
12is not likely to be used as a weapon has the meaning ascribed
13to it in Section 1.1 of the Firearm Owners Identification Card
14Act.
15(Source: P.A. 95-331, eff. 8-21-07.)
16 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
17 Sec. 12-3.05. Aggravated battery.
18 (a) Offense based on injury. A person commits aggravated
19battery when, in committing a battery, other than by the
20discharge of a firearm, he or she knowingly does any of the
21following:
22 (1) Causes great bodily harm or permanent disability or
23 disfigurement.
24 (2) Causes severe and permanent disability, great
25 bodily harm, or disfigurement by means of a caustic or

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1 flammable substance, a poisonous gas, a deadly biological
2 or chemical contaminant or agent, a radioactive substance,
3 or a bomb or explosive compound.
4 (3) Causes great bodily harm or permanent disability or
5 disfigurement to an individual whom the person knows to be
6 a peace officer, community policing volunteer, fireman,
7 private security officer, correctional institution
8 employee, or Department of Human Services employee
9 supervising or controlling sexually dangerous persons or
10 sexually violent persons:
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 (4) Causes great bodily harm or permanent disability or
17 disfigurement to an individual 60 years of age or older.
18 (5) Strangles another individual.
19 (b) Offense based on injury to a child or person with an
20intellectual disability. A person who is at least 18 years of
21age commits aggravated battery when, in committing a battery,
22he or she knowingly and without legal justification by any
23means:
24 (1) causes great bodily harm or permanent disability or
25 disfigurement to any child under the age of 13 years, or to
26 any person with a severe or profound intellectual

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

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

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

HB4314- 98 -LRB100 15650 RLC 30751 b
1 (iii) battered in retaliation for performing his
2 or her official duties.
3 (4) Discharges a firearm and causes any injury to a
4 person he or she knows to be a teacher, a student in a
5 school, or a school employee, and the teacher, student, or
6 employee is upon school grounds or grounds adjacent to a
7 school or in any part of a building used for school
8 purposes.
9 (5) Discharges a machine gun or a firearm equipped with
10 a silencer, and causes any injury to another person.
11 (6) Discharges a machine gun or a firearm equipped with
12 a silencer, and causes any injury to a person he or she
13 knows to be a peace officer, community policing volunteer,
14 person summoned by a police officer, fireman, private
15 security officer, correctional institution employee or
16 emergency management worker:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (7) Discharges a machine gun or a firearm equipped with
23 a silencer, and causes any injury to a person he or she
24 knows to be emergency medical services personnel:
25 (i) performing his or her official duties;
26 (ii) battered to prevent performance of his or her

HB4314- 99 -LRB100 15650 RLC 30751 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (8) Discharges a machine gun or a firearm equipped with
5 a silencer, and causes any injury to a person he or she
6 knows to be a teacher, or a student in a school, or a
7 school employee, and the teacher, student, or employee is
8 upon school grounds or grounds adjacent to a school or in
9 any part of a building used for school purposes.
10 (f) Offense based on use of a weapon or device. A person
11commits aggravated battery when, in committing a battery, he or
12she does any of the following:
13 (1) Uses a deadly weapon other than by discharge of a
14 firearm, or uses an air rifle as defined in Section
15 24.8-0.1 of this Code.
16 (2) Wears a hood, robe, or mask to conceal his or her
17 identity.
18 (3) Knowingly and without lawful justification shines
19 or flashes a laser gunsight or other laser device attached
20 to a firearm, or used in concert with a firearm, so that
21 the laser beam strikes upon or against the person of
22 another.
23 (4) Knowingly video or audio records the offense with
24 the intent to disseminate the recording.
25 (g) Offense based on certain conduct. A person commits
26aggravated battery when, other than by discharge of a firearm,

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1he or she does any of the following:
2 (1) Violates Section 401 of the Illinois Controlled
3 Substances Act by unlawfully delivering a controlled
4 substance to another and any user experiences great bodily
5 harm or permanent disability as a result of the injection,
6 inhalation, or ingestion of any amount of the controlled
7 substance.
8 (2) Knowingly administers to an individual or causes
9 him or her to take, without his or her consent or by threat
10 or deception, and for other than medical purposes, any
11 intoxicating, poisonous, stupefying, narcotic, anesthetic,
12 or controlled substance, or gives to another person any
13 food containing any substance or object intended to cause
14 physical injury if eaten.
15 (3) Knowingly causes or attempts to cause a
16 correctional institution employee or Department of Human
17 Services employee to come into contact with blood, seminal
18 fluid, urine, or feces by throwing, tossing, or expelling
19 the fluid or material, and the person is an inmate of a
20 penal institution or is a sexually dangerous person or
21 sexually violent person in the custody of the Department of
22 Human Services.
23 (h) Sentence. Unless otherwise provided, aggravated
24battery is a Class 3 felony.
25 Aggravated battery as defined in subdivision (a)(4),
26(d)(4), or (g)(3) is a Class 2 felony.

HB4314- 101 -LRB100 15650 RLC 30751 b
1 Aggravated battery as defined in subdivision (a)(3) or
2(g)(1) is a Class 1 felony.
3 Aggravated battery as defined in subdivision (a)(1) is a
4Class 1 felony when the aggravated battery was intentional and
5involved the infliction of torture, as defined in paragraph
6(14) of subsection (b) of Section 9-1 of this Code, as the
7infliction of or subjection to extreme physical pain, motivated
8by an intent to increase or prolong the pain, suffering, or
9agony of the victim.
10 Aggravated battery under subdivision (a)(5) is a Class 1
11felony if:
12 (A) the person used or attempted to use a dangerous
13 instrument while committing the offense; or
14 (B) the person caused great bodily harm or permanent
15 disability or disfigurement to the other person while
16 committing the offense; or
17 (C) the person has been previously convicted of a
18 violation of subdivision (a)(5) under the laws of this
19 State or laws similar to subdivision (a)(5) of any other
20 state.
21 Aggravated battery as defined in subdivision (e)(1) is a
22Class X felony.
23 Aggravated battery as defined in subdivision (a)(2) is a
24Class X felony for which a person shall be sentenced to a term
25of imprisonment of a minimum of 6 years and a maximum of 45
26years.

HB4314- 102 -LRB100 15650 RLC 30751 b
1 Aggravated battery as defined in subdivision (e)(5) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 12 years and a maximum of 45
4years.
5 Aggravated battery as defined in subdivision (e)(2),
6(e)(3), or (e)(4) is a Class X felony for which a person shall
7be sentenced to a term of imprisonment of a minimum of 15 years
8and a maximum of 60 years.
9 Aggravated battery as defined in subdivision (e)(6),
10(e)(7), or (e)(8) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 20 years
12and a maximum of 60 years.
13 Aggravated battery as defined in subdivision (b)(1) is a
14Class X felony, except that:
15 (1) if the person committed the offense while armed
16 with a firearm, 15 years shall be added to the term of
17 imprisonment imposed by the court;
18 (2) if, during the commission of the offense, the
19 person personally discharged a firearm, 20 years shall be
20 added to the term of imprisonment imposed by the court;
21 (3) if, during the commission of the offense, the
22 person personally discharged a firearm that proximately
23 caused great bodily harm, permanent disability, permanent
24 disfigurement, or death to another person, 25 years or up
25 to a term of natural life shall be added to the term of
26 imprisonment imposed by the court.

HB4314- 103 -LRB100 15650 RLC 30751 b
1 (i) Definitions. For the purposes of this Section:
2 "Building or other structure used to provide shelter" has
3the meaning ascribed to "shelter" in Section 1 of the Domestic
4Violence Shelters Act.
5 "Domestic violence" has the meaning ascribed to it in
6Section 103 of the Illinois Domestic Violence Act of 1986.
7 "Domestic violence shelter" means any building or other
8structure used to provide shelter or other services to victims
9or to the dependent children of victims of domestic violence
10pursuant to the Illinois Domestic Violence Act of 1986 or the
11Domestic Violence Shelters Act, or any place within 500 feet of
12such a building or other structure in the case of a person who
13is going to or from such a building or other structure.
14 "Firearm" has the meaning provided under Section 2-7.5 of
15this Code 1.1 of the Firearm Owners Identification Card Act,
16and does not include an air rifle as defined by Section
1724.8-0.1 of this Code.
18 "Machine gun" has the meaning ascribed to it in Section
1924-1 of this Code.
20 "Merchant" has the meaning ascribed to it in Section 16-0.1
21of this Code.
22 "Strangle" means intentionally impeding the normal
23breathing or circulation of the blood of an individual by
24applying pressure on the throat or neck of that individual or
25by blocking the nose or mouth of that individual.
26(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,

HB4314- 104 -LRB100 15650 RLC 30751 b
1eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
2 (720 ILCS 5/16-0.1)
3 Sec. 16-0.1. Definitions. In this Article, unless the
4context clearly requires otherwise, the following terms are
5defined as indicated:
6 "Access" means to use, instruct, communicate with, store
7data in, retrieve or intercept data from, or otherwise utilize
8any services of a computer.
9 "Coin-operated machine" includes any automatic vending
10machine or any part thereof, parking meter, coin telephone,
11coin-operated transit turnstile, transit fare box, coin
12laundry machine, coin dry cleaning machine, amusement machine,
13music machine, vending machine dispensing goods or services, or
14money changer.
15 "Communication device" means any type of instrument,
16device, machine, or equipment which is capable of transmitting,
17acquiring, decrypting, or receiving any telephonic,
18electronic, data, Internet access, audio, video, microwave, or
19radio transmissions, signals, communications, or services,
20including the receipt, acquisition, transmission, or
21decryption of all such communications, transmissions, signals,
22or services provided by or through any cable television, fiber
23optic, telephone, satellite, microwave, radio, Internet-based,
24data transmission, or wireless distribution network, system or
25facility; or any part, accessory, or component thereof,

HB4314- 105 -LRB100 15650 RLC 30751 b
1including any computer circuit, security module, smart card,
2software, computer chip, electronic mechanism or other
3component, accessory or part of any communication device which
4is capable of facilitating the transmission, decryption,
5acquisition or reception of all such communications,
6transmissions, signals, or services.
7 "Communication service" means any service lawfully
8provided for a charge or compensation to facilitate the lawful
9origination, transmission, emission, or reception of signs,
10signals, data, writings, images, and sounds or intelligence of
11any nature by telephone, including cellular telephones or a
12wire, wireless, radio, electromagnetic, photo-electronic or
13photo-optical system; and also any service lawfully provided by
14any radio, telephone, cable television, fiber optic,
15satellite, microwave, Internet-based or wireless distribution
16network, system, facility or technology, including, but not
17limited to, any and all electronic, data, video, audio,
18Internet access, telephonic, microwave and radio
19communications, transmissions, signals and services, and any
20such communications, transmissions, signals and services
21lawfully provided directly or indirectly by or through any of
22those networks, systems, facilities or technologies.
23 "Communication service provider" means: (1) any person or
24entity providing any communication service, whether directly
25or indirectly, as a reseller, including, but not limited to, a
26cellular, paging or other wireless communications company or

HB4314- 106 -LRB100 15650 RLC 30751 b
1other person or entity which, for a fee, supplies the facility,
2cell site, mobile telephone switching office or other equipment
3or communication service; (2) any person or entity owning or
4operating any cable television, fiber optic, satellite,
5telephone, wireless, microwave, radio, data transmission or
6Internet-based distribution network, system or facility; and
7(3) any person or entity providing any communication service
8directly or indirectly by or through any such distribution
9system, network or facility.
10 "Computer" means a device that accepts, processes, stores,
11retrieves or outputs data, and includes but is not limited to
12auxiliary storage and telecommunications devices connected to
13computers.
14 "Continuing course of conduct" means a series of acts, and
15the accompanying mental state necessary for the crime in
16question, irrespective of whether the series of acts are
17continuous or intermittent.
18 "Delivery container" means any bakery basket of wire or
19plastic used to transport or store bread or bakery products,
20any dairy case of wire or plastic used to transport or store
21dairy products, and any dolly or cart of 2 or 4 wheels used to
22transport or store any bakery or dairy product.
23 "Document-making implement" means any implement,
24impression, template, computer file, computer disc, electronic
25device, computer hardware, computer software, instrument, or
26device that is used to make a real or fictitious or fraudulent

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1personal identification document.
2 "Financial transaction device" means any of the following:
3 (1) An electronic funds transfer card.
4 (2) A credit card.
5 (3) A debit card.
6 (4) A point-of-sale card.
7 (5) Any instrument, device, card, plate, code, account
8 number, personal identification number, or a record or copy
9 of a code, account number, or personal identification
10 number or other means of access to a credit account or
11 deposit account, or a driver's license or State
12 identification card used to access a proprietary account,
13 other than access originated solely by a paper instrument,
14 that can be used alone or in conjunction with another
15 access device, for any of the following purposes:
16 (A) Obtaining money, cash refund or credit
17 account, credit, goods, services, or any other thing of
18 value.
19 (B) Certifying or guaranteeing to a person or
20 business the availability to the device holder of funds
21 on deposit to honor a draft or check payable to the
22 order of that person or business.
23 (C) Providing the device holder access to a deposit
24 account for the purpose of making deposits,
25 withdrawing funds, transferring funds between deposit
26 accounts, obtaining information pertaining to a

HB4314- 108 -LRB100 15650 RLC 30751 b
1 deposit account, or making an electronic funds
2 transfer.
3 "Full retail value" means the merchant's stated or
4advertised price of the merchandise. "Full retail value"
5includes the aggregate value of property obtained from retail
6thefts committed by the same person as part of a continuing
7course of conduct from one or more mercantile establishments in
8a single transaction or in separate transactions over a period
9of one year.
10 "Internet" means an interactive computer service or system
11or an information service, system, or access software provider
12that provides or enables computer access by multiple users to a
13computer server, and includes, but is not limited to, an
14information service, system, or access software provider that
15provides access to a network system commonly known as the
16Internet, or any comparable system or service and also
17includes, but is not limited to, a World Wide Web page,
18newsgroup, message board, mailing list, or chat area on any
19interactive computer service or system or other online service.
20 "Library card" means a card or plate issued by a library
21facility for purposes of identifying the person to whom the
22library card was issued as authorized to borrow library
23material, subject to all limitations and conditions imposed on
24the borrowing by the library facility issuing such card.
25 "Library facility" includes any public library or museum,
26or any library or museum of an educational, historical or

HB4314- 109 -LRB100 15650 RLC 30751 b
1eleemosynary institution, organization or society.
2 "Library material" includes any book, plate, picture,
3photograph, engraving, painting, sculpture, statue, artifact,
4drawing, map, newspaper, pamphlet, broadside, magazine,
5manuscript, document, letter, microfilm, sound recording,
6audiovisual material, magnetic or other tape, electronic data
7processing record or other documentary, written or printed
8material regardless of physical form or characteristics, or any
9part thereof, belonging to, or on loan to or otherwise in the
10custody of a library facility.
11 "Manufacture or assembly of an unlawful access device"
12means to make, produce or assemble an unlawful access device or
13to modify, alter, program or re-program any instrument, device,
14machine, equipment or software so that it is capable of
15defeating or circumventing any technology, device or software
16used by the provider, owner or licensee of a communication
17service or of any data, audio or video programs or
18transmissions to protect any such communication, data, audio or
19video services, programs or transmissions from unauthorized
20access, acquisition, disclosure, receipt, decryption,
21communication, transmission or re-transmission.
22 "Manufacture or assembly of an unlawful communication
23device" means to make, produce or assemble an unlawful
24communication or wireless device or to modify, alter, program
25or reprogram a communication or wireless device to be capable
26of acquiring, disrupting, receiving, transmitting, decrypting,

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1or facilitating the acquisition, disruption, receipt,
2transmission or decryption of, a communication service without
3the express consent or express authorization of the
4communication service provider, or to knowingly assist others
5in those activities.
6 "Master sound recording" means the original physical
7object on which a given set of sounds were first recorded and
8which the original object from which all subsequent sound
9recordings embodying the same set of sounds are directly or
10indirectly derived.
11 "Merchandise" means any item of tangible personal
12property, including motor fuel.
13 "Merchant" means an owner or operator of any retail
14mercantile establishment or any agent, employee, lessee,
15consignee, officer, director, franchisee, or independent
16contractor of the owner or operator. "Merchant" also means a
17person who receives from an authorized user of a payment card,
18or someone the person believes to be an authorized user, a
19payment card or information from a payment card, or what the
20person believes to be a payment card or information from a
21payment card, as the instrument for obtaining, purchasing or
22receiving goods, services, money, or anything else of value
23from the person.
24 "Motor fuel" means a liquid, regardless of its properties,
25used to propel a vehicle, including gasoline and diesel.
26 "Online" means the use of any electronic or wireless device

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1to access the Internet.
2 "Payment card" means a credit card, charge card, debit
3card, or any other card that is issued to an authorized card
4user and that allows the user to obtain, purchase, or receive
5goods, services, money, or anything else of value from a
6merchant.
7 "Person with a disability" means a person who suffers from
8a physical or mental impairment resulting from disease, injury,
9functional disorder or congenital condition that impairs the
10individual's mental or physical ability to independently
11manage his or her property or financial resources, or both.
12 "Personal identification document" means a birth
13certificate, a driver's license, a State identification card, a
14public, government, or private employment identification card,
15a social security card, a license issued under the Firearm
16Concealed Carry Act firearm owner's identification card, a
17credit card, a debit card, or a passport issued to or on behalf
18of a person other than the offender, or any document made or
19issued, or falsely purported to have been made or issued, by or
20under the authority of the United States Government, the State
21of Illinois, or any other state political subdivision of any
22state, or any other governmental or quasi-governmental
23organization that is of a type intended for the purpose of
24identification of an individual, or any such document made or
25altered in a manner that it falsely purports to have been made
26on behalf of or issued to another person or by the authority of

HB4314- 112 -LRB100 15650 RLC 30751 b
1one who did not give that authority.
2 "Personal identifying information" means any of the
3following information:
4 (1) A person's name.
5 (2) A person's address.
6 (3) A person's date of birth.
7 (4) A person's telephone number.
8 (5) A person's driver's license number or State of
9 Illinois identification card as assigned by the Secretary
10 of State of the State of Illinois or a similar agency of
11 another state.
12 (6) A person's social security number.
13 (7) A person's public, private, or government
14 employer, place of employment, or employment
15 identification number.
16 (8) The maiden name of a person's mother.
17 (9) The number assigned to a person's depository
18 account, savings account, or brokerage account.
19 (10) The number assigned to a person's credit or debit
20 card, commonly known as a "Visa Card", "MasterCard",
21 "American Express Card", "Discover Card", or other similar
22 cards whether issued by a financial institution,
23 corporation, or business entity.
24 (11) Personal identification numbers.
25 (12) Electronic identification numbers.
26 (13) Digital signals.

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1 (14) User names, passwords, and any other word, number,
2 character or combination of the same usable in whole or
3 part to access information relating to a specific
4 individual, or to the actions taken, communications made or
5 received, or other activities or transactions of a specific
6 individual.
7 (15) Any other numbers or information which can be used
8 to access a person's financial resources, or to identify a
9 specific individual, or the actions taken, communications
10 made or received, or other activities or transactions of a
11 specific individual.
12 "Premises of a retail mercantile establishment" includes,
13but is not limited to, the retail mercantile establishment; any
14common use areas in shopping centers; and all parking areas set
15aside by a merchant or on behalf of a merchant for the parking
16of vehicles for the convenience of the patrons of such retail
17mercantile establishment.
18 "Public water, gas, or power supply, or other public
19services" mean any service subject to regulation by the
20Illinois Commerce Commission; any service furnished by a public
21utility that is owned and operated by any political
22subdivision, public institution of higher education or
23municipal corporation of this State; any service furnished by
24any public utility that is owned by such political subdivision,
25public institution of higher education, or municipal
26corporation and operated by any of its lessees or operating

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1agents; any service furnished by an electric cooperative as
2defined in Section 3.4 of the Electric Supplier Act; or
3wireless service or other service regulated by the Federal
4Communications Commission.
5 "Publish" means to communicate or disseminate information
6to any one or more persons, either orally, in person, or by
7telephone, radio or television or in writing of any kind,
8including, without limitation, a letter or memorandum,
9circular or handbill, newspaper or magazine article or book.
10 "Radio frequency identification device" means any
11implement, computer file, computer disc, electronic device,
12computer hardware, computer software, or instrument that is
13used to activate, read, receive, or decode information stored
14on a RFID tag or transponder attached to a personal
15identification document.
16 "RFID tag or transponder" means a chip or device that
17contains personal identifying information from which the
18personal identifying information can be read or decoded by
19another device emitting a radio frequency that activates or
20powers a radio frequency emission response from the chip or
21transponder.
22 "Reencoder" means an electronic device that places encoded
23information from the magnetic strip or stripe of a payment card
24onto the magnetic strip or stripe of a different payment card.
25 "Retail mercantile establishment" means any place where
26merchandise is displayed, held, stored or offered for sale to

HB4314- 115 -LRB100 15650 RLC 30751 b
1the public.
2 "Scanning device" means a scanner, reader, or any other
3electronic device that is used to access, read, scan, obtain,
4memorize, or store, temporarily or permanently, information
5encoded on the magnetic strip or stripe of a payment card.
6 "Shopping cart" means those push carts of the type or types
7which are commonly provided by grocery stores, drug stores or
8other retail mercantile establishments for the use of the
9public in transporting commodities in stores and markets and,
10incidentally, from the stores to a place outside the store.
11 "Sound or audio visual recording" means any sound or audio
12visual phonograph record, disc, pre-recorded tape, film, wire,
13magnetic tape or other object, device or medium, now known or
14hereafter invented, by which sounds or images may be reproduced
15with or without the use of any additional machine, equipment or
16device.
17 "Theft detection device remover" means any tool or device
18specifically designed and intended to be used to remove any
19theft detection device from any merchandise.
20 "Under-ring" means to cause the cash register or other
21sales recording device to reflect less than the full retail
22value of the merchandise.
23 "Unidentified sound or audio visual recording" means a
24sound or audio visual recording without the actual name and
25full and correct street address of the manufacturer, and the
26name of the actual performers or groups prominently and legibly

HB4314- 116 -LRB100 15650 RLC 30751 b
1printed on the outside cover or jacket and on the label of such
2sound or audio visual recording.
3 "Unlawful access device" means any type of instrument,
4device, machine, equipment, technology, or software which is
5primarily possessed, used, designed, assembled, manufactured,
6sold, distributed or offered, promoted or advertised for the
7purpose of defeating or circumventing any technology, device or
8software, or any component or part thereof, used by the
9provider, owner or licensee of any communication service or of
10any data, audio or video programs or transmissions to protect
11any such communication, audio or video services, programs or
12transmissions from unauthorized access, acquisition, receipt,
13decryption, disclosure, communication, transmission or
14re-transmission.
15 "Unlawful communication device" means any electronic
16serial number, mobile identification number, personal
17identification number or any communication or wireless device
18that is capable of acquiring or facilitating the acquisition of
19a communication service without the express consent or express
20authorization of the communication service provider, or that
21has been altered, modified, programmed or reprogrammed, alone
22or in conjunction with another communication or wireless device
23or other equipment, to so acquire or facilitate the
24unauthorized acquisition of a communication service. "Unlawful
25communication device" also means:
26 (1) any phone altered to obtain service without the

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

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1implement that is self-propelled and that uses motor fuel for
2propulsion.
3 "Wireless device" includes any type of instrument, device,
4machine, or equipment that is capable of transmitting or
5receiving telephonic, electronic or radio communications, or
6any part of such instrument, device, machine, or equipment, or
7any computer circuit, computer chip, electronic mechanism, or
8other component that is capable of facilitating the
9transmission or reception of telephonic, electronic, or radio
10communications.
11(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
121-1-12; 97-1109, eff. 1-1-13.)
13 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
14 Sec. 17-30. Defaced, altered, or removed manufacturer or
15owner identification number.
16 (a) Unlawful sale of household appliances. A person commits
17unlawful sale of household appliances when he or she knowingly,
18with the intent to defraud or deceive another, keeps for sale,
19within any commercial context, any household appliance with a
20missing, defaced, obliterated, or otherwise altered
21manufacturer's identification number.
22 (b) Construction equipment identification defacement. A
23person commits construction equipment identification
24defacement when he or she knowingly changes, alters, removes,
25mutilates, or obliterates a permanently affixed serial number,

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1product identification number, part number, component
2identification number, owner-applied identification, or other
3mark of identification attached to or stamped, inscribed,
4molded, or etched into a machine or other equipment, whether
5stationary or mobile or self-propelled, or a part of such
6machine or equipment, used in the construction, maintenance, or
7demolition of buildings, structures, bridges, tunnels, sewers,
8utility pipes or lines, ditches or open cuts, roads, highways,
9dams, airports, or waterways or in material handling for such
10projects.
11 The trier of fact may infer that the defendant has
12knowingly changed, altered, removed, or obliterated the serial
13number, product identification number, part number, component
14identification number, owner-applied identification number, or
15other mark of identification, if the defendant was in
16possession of any machine or other equipment or a part of such
17machine or equipment used in the construction, maintenance, or
18demolition of buildings, structures, bridges, tunnels, sewers,
19utility pipes or lines, ditches or open cuts, roads, highways,
20dams, airports, or waterways or in material handling for such
21projects upon which any such serial number, product
22identification number, part number, component identification
23number, owner-applied identification number, or other mark of
24identification has been changed, altered, removed, or
25obliterated.
26 (c) Defacement of manufacturer's serial number or

HB4314- 120 -LRB100 15650 RLC 30751 b
1identification mark. A person commits defacement of a
2manufacturer's serial number or identification mark when he or
3she knowingly removes, alters, defaces, covers, or destroys the
4manufacturer's serial number or any other manufacturer's
5number or distinguishing identification mark upon any machine
6or other article of merchandise, other than a motor vehicle as
7defined in Section 1-146 of the Illinois Vehicle Code or a
8firearm as defined in the Firearm Owners Identification Card
9Act, with the intent of concealing or destroying the identity
10of such machine or other article of merchandise.
11 (d) Sentence.
12 (1) A violation of subsection (a) of this Section is a
13 Class 4 felony if the value of the appliance or appliances
14 exceeds $1,000 and a Class B misdemeanor if the value of
15 the appliance or appliances is $1,000 or less.
16 (2) A violation of subsection (b) of this Section is a
17 Class A misdemeanor.
18 (3) A violation of subsection (c) of this Section is a
19 Class B misdemeanor.
20 (e) No liability shall be imposed upon any person for the
21unintentional failure to comply with subsection (a).
22 (f) Definitions. In this Section:
23 "Commercial context" means a continuing business
24enterprise conducted for profit by any person whose primary
25business is the wholesale or retail marketing of household
26appliances, or a significant portion of whose business or

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1inventory consists of household appliances kept or sold on a
2wholesale or retail basis.
3 "Household appliance" means any gas or electric device or
4machine marketed for use as home entertainment or for
5facilitating or expediting household tasks or chores. The term
6shall include but not necessarily be limited to refrigerators,
7freezers, ranges, radios, television sets, vacuum cleaners,
8toasters, dishwashers, and other similar household items.
9 "Manufacturer's identification number" means any serial
10number or other similar numerical or alphabetical designation
11imprinted upon or attached to or placed, stamped, or otherwise
12imprinted upon or attached to a household appliance or item by
13the manufacturer for purposes of identifying a particular
14appliance or item individually or by lot number.
15(Source: P.A. 96-1551, eff. 7-1-11.)
16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
17 Sec. 24-1. Unlawful use of weapons.
18 (a) A person commits the offense of unlawful use of weapons
19when he knowingly:
20 (1) Sells, manufactures, purchases, possesses or
21 carries any bludgeon, black-jack, slung-shot, sand-club,
22 sand-bag, metal knuckles or other knuckle weapon
23 regardless of its composition, throwing star, or any knife,
24 commonly referred to as a switchblade knife, which has a
25 blade that opens automatically by hand pressure applied to

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1 a button, spring or other device in the handle of the
2 knife, or a ballistic knife, which is a device that propels
3 a knifelike blade as a projectile by means of a coil
4 spring, elastic material or compressed gas; or
5 (2) Carries or possesses with intent to use the same
6 unlawfully against another, a dagger, dirk, billy,
7 dangerous knife, razor, stiletto, broken bottle or other
8 piece of glass, stun gun or taser or any other dangerous or
9 deadly weapon or instrument of like character; or
10 (3) Carries on or about his person or in any vehicle, a
11 tear gas gun projector or bomb or any object containing
12 noxious liquid gas or substance, other than an object
13 containing a non-lethal noxious liquid gas or substance
14 designed solely for personal defense carried by a person 18
15 years of age or older; or
16 (4) Carries or possesses in any vehicle or concealed on
17 or about his person except when on his land or in his own
18 abode, legal dwelling, or fixed place of business, or on
19 the land or in the legal dwelling of another person as an
20 invitee with that person's permission, any pistol,
21 revolver, stun gun or taser or other firearm, except that
22 this subsection (a) (4) does not apply to or affect
23 transportation of weapons that meet one of the following
24 conditions:
25 (i) are broken down in a non-functioning state; or
26 (ii) are not immediately accessible; or

HB4314- 123 -LRB100 15650 RLC 30751 b
1 (iii) are unloaded and enclosed in a case, firearm
2 carrying box, shipping box, or other container by a
3 person eligible under State and federal law to possess
4 a firearm who has been issued a currently valid Firearm
5 Owner's Identification Card; or
6 (iv) are carried or possessed in accordance with
7 the Firearm Concealed Carry Act by a person who has
8 been issued a currently valid license under the Firearm
9 Concealed Carry Act; or
10 (5) Sets a spring gun; or
11 (6) Possesses any device or attachment of any kind
12 designed, used or intended for use in silencing the report
13 of any firearm; or
14 (7) Sells, manufactures, purchases, possesses or
15 carries:
16 (i) a machine gun, which shall be defined for the
17 purposes of this subsection as any weapon, which
18 shoots, is designed to shoot, or can be readily
19 restored to shoot, automatically more than one shot
20 without manually reloading by a single function of the
21 trigger, including the frame or receiver of any such
22 weapon, or sells, manufactures, purchases, possesses,
23 or carries any combination of parts designed or
24 intended for use in converting any weapon into a
25 machine gun, or any combination or parts from which a
26 machine gun can be assembled if such parts are in the

HB4314- 124 -LRB100 15650 RLC 30751 b
1 possession or under the control of a person;
2 (ii) any rifle having one or more barrels less than
3 16 inches in length or a shotgun having one or more
4 barrels less than 18 inches in length or any weapon
5 made from a rifle or shotgun, whether by alteration,
6 modification, or otherwise, if such a weapon as
7 modified has an overall length of less than 26 inches;
8 or
9 (iii) any bomb, bomb-shell, grenade, bottle or
10 other container containing an explosive substance of
11 over one-quarter ounce for like purposes, such as, but
12 not limited to, black powder bombs and Molotov
13 cocktails or artillery projectiles; or
14 (8) Carries or possesses any firearm, stun gun or taser
15 or other deadly weapon in any place which is licensed to
16 sell intoxicating beverages, or at any public gathering
17 held pursuant to a license issued by any governmental body
18 or any public gathering at which an admission is charged,
19 excluding a place where a showing, demonstration or lecture
20 involving the exhibition of unloaded firearms is
21 conducted.
22 This subsection (a)(8) does not apply to any auction or
23 raffle of a firearm held pursuant to a license or permit
24 issued by a governmental body, nor does it apply to persons
25 engaged in firearm safety training courses; or
26 (9) Carries or possesses in a vehicle or on or about

HB4314- 125 -LRB100 15650 RLC 30751 b
1 his person any pistol, revolver, stun gun or taser or
2 firearm or ballistic knife, when he is hooded, robed or
3 masked in such manner as to conceal his identity; or
4 (10) Carries or possesses on or about his person, upon
5 any public street, alley, or other public lands within the
6 corporate limits of a city, village or incorporated town,
7 except when an invitee thereon or therein, for the purpose
8 of the display of such weapon or the lawful commerce in
9 weapons, or except when on his land or in his own abode,
10 legal dwelling, or fixed place of business, or on the land
11 or in the legal dwelling of another person as an invitee
12 with that person's permission, any pistol, revolver, stun
13 gun or taser or other firearm, except that this subsection
14 (a) (10) does not apply to or affect transportation of
15 weapons that meet one of the following conditions:
16 (i) are broken down in a non-functioning state; or
17 (ii) are not immediately accessible; or
18 (iii) are unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by a
20 person eligible under State and federal law to possess
21 a firearm who has been issued a currently valid Firearm
22 Owner's Identification Card; or
23 (iv) are carried or possessed in accordance with
24 the Firearm Concealed Carry Act by a person who has
25 been issued a currently valid license under the Firearm
26 Concealed Carry Act.

HB4314- 126 -LRB100 15650 RLC 30751 b
1 A "stun gun or taser", as used in this paragraph (a)
2 means (i) any device which is powered by electrical
3 charging units, such as, batteries, and which fires one or
4 several barbs attached to a length of wire and which, upon
5 hitting a human, can send out a current capable of
6 disrupting the person's nervous system in such a manner as
7 to render him incapable of normal functioning or (ii) any
8 device which is powered by electrical charging units, such
9 as batteries, and which, upon contact with a human or
10 clothing worn by a human, can send out current capable of
11 disrupting the person's nervous system in such a manner as
12 to render him incapable of normal functioning; or
13 (11) Sells, manufactures or purchases any explosive
14 bullet. For purposes of this paragraph (a) "explosive
15 bullet" means the projectile portion of an ammunition
16 cartridge which contains or carries an explosive charge
17 which will explode upon contact with the flesh of a human
18 or an animal. "Cartridge" means a tubular metal case having
19 a projectile affixed at the front thereof and a cap or
20 primer at the rear end thereof, with the propellant
21 contained in such tube between the projectile and the cap;
22 or
23 (12) (Blank); or
24 (13) Carries or possesses on or about his or her person
25 while in a building occupied by a unit of government, a
26 billy club, other weapon of like character, or other

HB4314- 127 -LRB100 15650 RLC 30751 b
1 instrument of like character intended for use as a weapon.
2 For the purposes of this Section, "billy club" means a
3 short stick or club commonly carried by police officers
4 which is either telescopic or constructed of a solid piece
5 of wood or other man-made material.
6 (b) Sentence. A person convicted of a violation of
7subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9Class A misdemeanor. A person convicted of a violation of
10subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
11person convicted of a violation of subsection 24-1(a)(6) or
1224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13convicted of a violation of subsection 24-1(a)(7)(i) commits a
14Class 2 felony and shall be sentenced to a term of imprisonment
15of not less than 3 years and not more than 7 years, unless the
16weapon is possessed in the passenger compartment of a motor
17vehicle as defined in Section 1-146 of the Illinois Vehicle
18Code, or on the person, while the weapon is loaded, in which
19case it shall be a Class X felony. A person convicted of a
20second or subsequent violation of subsection 24-1(a)(4),
2124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22felony. The possession of each weapon in violation of this
23Section constitutes a single and separate violation.
24 (c) Violations in specific places.
25 (1) A person who violates subsection 24-1(a)(6) or
26 24-1(a)(7) in any school, regardless of the time of day or

HB4314- 128 -LRB100 15650 RLC 30751 b
1 the time of year, in residential property owned, operated
2 or managed by a public housing agency or leased by a public
3 housing agency as part of a scattered site or mixed-income
4 development, in a public park, in a courthouse, on the real
5 property comprising any school, regardless of the time of
6 day or the time of year, on residential property owned,
7 operated or managed by a public housing agency or leased by
8 a public housing agency as part of a scattered site or
9 mixed-income development, on the real property comprising
10 any public park, on the real property comprising any
11 courthouse, in any conveyance owned, leased or contracted
12 by a school to transport students to or from school or a
13 school related activity, in any conveyance owned, leased,
14 or contracted by a public transportation agency, or on any
15 public way within 1,000 feet of the real property
16 comprising any school, public park, courthouse, public
17 transportation facility, or residential property owned,
18 operated, or managed by a public housing agency or leased
19 by a public housing agency as part of a scattered site or
20 mixed-income development commits a Class 2 felony and shall
21 be sentenced to a term of imprisonment of not less than 3
22 years and not more than 7 years.
23 (1.5) A person who violates subsection 24-1(a)(4),
24 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
25 time of day or the time of year, in residential property
26 owned, operated, or managed by a public housing agency or

HB4314- 129 -LRB100 15650 RLC 30751 b
1 leased by a public housing agency as part of a scattered
2 site or mixed-income development, in a public park, in a
3 courthouse, on the real property comprising any school,
4 regardless of the time of day or the time of year, on
5 residential property owned, operated, or managed by a
6 public housing agency or leased by a public housing agency
7 as part of a scattered site or mixed-income development, on
8 the real property comprising any public park, on the real
9 property comprising any courthouse, in any conveyance
10 owned, leased, or contracted by a school to transport
11 students to or from school or a school related activity, in
12 any conveyance owned, leased, or contracted by a public
13 transportation agency, or on any public way within 1,000
14 feet of the real property comprising any school, public
15 park, courthouse, public transportation facility, or
16 residential property owned, operated, or managed by a
17 public housing agency or leased by a public housing agency
18 as part of a scattered site or mixed-income development
19 commits a Class 3 felony.
20 (2) A person who violates subsection 24-1(a)(1),
21 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
22 time of day or the time of year, in residential property
23 owned, operated or managed by a public housing agency or
24 leased by a public housing agency as part of a scattered
25 site or mixed-income development, in a public park, in a
26 courthouse, on the real property comprising any school,

HB4314- 130 -LRB100 15650 RLC 30751 b
1 regardless of the time of day or the time of year, on
2 residential property owned, operated or managed by a public
3 housing agency or leased by a public housing agency as part
4 of a scattered site or mixed-income development, on the
5 real property comprising any public park, on the real
6 property comprising any courthouse, in any conveyance
7 owned, leased or contracted by a school to transport
8 students to or from school or a school related activity, in
9 any conveyance owned, leased, or contracted by a public
10 transportation agency, or on any public way within 1,000
11 feet of the real property comprising any school, public
12 park, courthouse, public transportation facility, or
13 residential property owned, operated, or managed by a
14 public housing agency or leased by a public housing agency
15 as part of a scattered site or mixed-income development
16 commits a Class 4 felony. "Courthouse" means any building
17 that is used by the Circuit, Appellate, or Supreme Court of
18 this State for the conduct of official business.
19 (3) Paragraphs (1), (1.5), and (2) of this subsection
20 (c) shall not apply to law enforcement officers or security
21 officers of such school, college, or university or to
22 students carrying or possessing firearms for use in
23 training courses, parades, hunting, target shooting on
24 school ranges, or otherwise with the consent of school
25 authorities and which firearms are transported unloaded
26 enclosed in a suitable case, box, or transportation

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

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1 Spearguns are exempted from the definition of ballistic
2 knife as defined in paragraph (1) of subsection (a) of this
3 Section.
4 (2) The provision of paragraph (1) of subsection (a) of
5 this Section prohibiting the sale, manufacture, purchase,
6 possession, or carrying of any knife, commonly referred to
7 as a switchblade knife, which has a blade that opens
8 automatically by hand pressure applied to a button, spring
9 or other device in the handle of the knife, does not apply
10 to a person who possesses a currently valid Firearm Owner's
11 Identification Card previously issued in his or her name by
12 the Department of State Police or to a person or an entity
13 engaged in the business of selling or manufacturing
14 switchblade knives.
15(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
16 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
17 Sec. 24-1.1. Unlawful use or possession of weapons by
18felons or persons in the custody of the Department of
19Corrections facilities.
20 (a) It is unlawful for a person to knowingly possess on or
21about his person or on his land or in his own abode or fixed
22place of business any weapon prohibited under Section 24-1 of
23this Act or any firearm or any firearm ammunition if the person
24has been convicted of a felony under the laws of this State or
25any other jurisdiction. This Section shall not apply if the

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1person has been granted relief under this subsection by the
2Director of the Department of State Police under Section 10 of
3the Firearm Owners Identification Card Act. A person prohibited
4from possessing a firearm under this subsection (a) may
5petition the Director of State Police for a hearing and relief
6from the prohibition, unless the prohibition was based upon a
7forcible felony, stalking, aggravated stalking, domestic
8battery, any violation of the Illinois Controlled Substances
9Act, the Methamphetamine Control and Community Protection Act,
10or the Cannabis Control Act that is classified as a Class 2 or
11greater felony, any felony violation of Article 24 of the
12Criminal Code of 1961 or the Criminal Code of 2012, or any
13adjudication as a delinquent minor for the commission of an
14offense that if committed by an adult would be a felony, in
15which case the person may petition the circuit court in writing
16in the county of his or her residence for a hearing and relief
17from the prohibition. The Director or court may grant the
18relief if it is established by the petitioner to the court's or
19Director's satisfaction that:
20 (1) when in the circuit court, the State's Attorney has
21 been served with a written copy of the petition at least 30
22 days before any hearing in the circuit court and at the
23 hearing the State's Attorney was afforded an opportunity to
24 present evidence and object to the petition;
25 (2) the petitioner has not been convicted of a forcible
26 felony under the laws of this State or any other

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1 jurisdiction within 20 years of the filing of the petition,
2 or at least 20 years have passed since the end of any
3 period of imprisonment imposed in relation to that
4 conviction;
5 (3) the circumstances regarding a criminal conviction,
6 where applicable, the petitioner's criminal history and
7 his or her reputation are such that the petitioner will not
8 be likely to act in a manner dangerous to public safety;
9 (4) granting relief would not be contrary to the public
10 interest; and
11 (5) granting relief would not be contrary to federal
12 law.
13 (b) It is unlawful for any person confined in a penal
14institution, which is a facility of the Illinois Department of
15Corrections, to possess any weapon prohibited under Section
1624-1 of this Code or any firearm or firearm ammunition,
17regardless of the intent with which he possesses it.
18 (c) It shall be an affirmative defense to a violation of
19subsection (b), that such possession was specifically
20authorized by rule, regulation, or directive of the Illinois
21Department of Corrections or order issued pursuant thereto.
22 (d) The defense of necessity is not available to a person
23who is charged with a violation of subsection (b) of this
24Section.
25 (e) Sentence. Violation of this Section by a person not
26confined in a penal institution shall be a Class 3 felony for

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1which the person shall be sentenced to no less than 2 years and
2no more than 10 years. A second or subsequent violation of this
3Section shall be a Class 2 felony for which the person shall be
4sentenced to a term of imprisonment of not less than 3 years
5and not more than 14 years, except as provided for in Section
65-4.5-110 of the Unified Code of Corrections. Violation of this
7Section by a person not confined in a penal institution who has
8been convicted of a forcible felony, a felony violation of
9Article 24 of this Code or of the Firearm Owners Identification
10Card Act, stalking or aggravated stalking, or a Class 2 or
11greater felony under the Illinois Controlled Substances Act,
12the Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act is a Class 2 felony for which the
14person shall be sentenced to not less than 3 years and not more
15than 14 years, except as provided for in Section 5-4.5-110 of
16the Unified Code of Corrections. Violation of this Section by a
17person who is on parole or mandatory supervised release is a
18Class 2 felony for which the person shall be sentenced to not
19less than 3 years and not more than 14 years, except as
20provided for in Section 5-4.5-110 of the Unified Code of
21Corrections. Violation of this Section by a person not confined
22in a penal institution is a Class X felony when the firearm
23possessed is a machine gun. Any person who violates this
24Section while confined in a penal institution, which is a
25facility of the Illinois Department of Corrections, is guilty
26of a Class 1 felony, if he possesses any weapon prohibited

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1under Section 24-1 of this Code regardless of the intent with
2which he possesses it, a Class X felony if he possesses any
3firearm, firearm ammunition or explosive, and a Class X felony
4for which the offender shall be sentenced to not less than 12
5years and not more than 50 years when the firearm possessed is
6a machine gun. A violation of this Section while wearing or in
7possession of body armor as defined in Section 33F-1 is a Class
8X felony punishable by a term of imprisonment of not less than
910 years and not more than 40 years. The possession of each
10firearm or firearm ammunition in violation of this Section
11constitutes a single and separate violation.
12(Source: P.A. 100-3, eff. 1-1-18.)
13 (720 ILCS 5/24-1.6)
14 Sec. 24-1.6. Aggravated unlawful use of a weapon.
15 (a) A person commits the offense of aggravated unlawful use
16of a weapon when he or she knowingly:
17 (1) Carries on or about his or her person or in any
18 vehicle or concealed on or about his or her person except
19 when on his or her land or in his or her abode, legal
20 dwelling, or fixed place of business, or on the land or in
21 the legal dwelling of another person as an invitee with
22 that person's permission, any pistol, revolver, stun gun or
23 taser or other firearm; or
24 (2) Carries or possesses on or about his or her person,
25 upon any public street, alley, or other public lands within

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

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

HB4314- 139 -LRB100 15650 RLC 30751 b
1 person under 21 is engaged in lawful activities under
2 the Wildlife Code or described in subsection
3 24-2(b)(1), (b)(3), or 24-2(f).
4 (a-5) "Handgun" as used in this Section has the meaning
5given to it in Section 5 of the Firearm Concealed Carry Act.
6 (b) "Stun gun or taser" as used in this Section has the
7same definition given to it in Section 24-1 of this Code.
8 (c) This Section does not apply to or affect the
9transportation or possession of weapons that:
10 (i) are broken down in a non-functioning state; or
11 (ii) are not immediately accessible; or
12 (iii) are unloaded and enclosed in a case, firearm
13 carrying box, shipping box, or other container by a person
14 who is eligible under State and federal law to possess a
15 firearm has been issued a currently valid Firearm Owner's
16 Identification Card.
17 (d) Sentence.
18 (1) Aggravated unlawful use of a weapon is a Class 4
19 felony; a second or subsequent offense is a Class 2 felony
20 for which the person shall be sentenced to a term of
21 imprisonment of not less than 3 years and not more than 7
22 years, except as provided for in Section 5-4.5-110 of the
23 Unified Code of Corrections.
24 (2) (Blank). Except as otherwise provided in
25 paragraphs (3) and (4) of this subsection (d), a first
26 offense of aggravated unlawful use of a weapon committed

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1 with a firearm by a person 18 years of age or older where
2 the factors listed in both items (A) and (C) or both items
3 (A-5) and (C) of paragraph (3) of subsection (a) are
4 present is a Class 4 felony, for which the person shall be
5 sentenced to a term of imprisonment of not less than one
6 year and not more than 3 years.
7 (3) Aggravated unlawful use of a weapon by a person who
8 has been previously convicted of a felony in this State or
9 another jurisdiction is a Class 2 felony for which the
10 person shall be sentenced to a term of imprisonment of not
11 less than 3 years and not more than 7 years, except as
12 provided for in Section 5-4.5-110 of the Unified Code of
13 Corrections.
14 (4) Aggravated unlawful use of a weapon while wearing
15 or in possession of body armor as defined in Section 33F-1
16 by a person who is prohibited under State or federal law
17 from possessing a firearm has not been issued a valid
18 Firearms Owner's Identification Card in accordance with
19 Section 5 of the Firearm Owners Identification Card Act is
20 a Class X felony.
21 (e) The possession of each firearm in violation of this
22Section constitutes a single and separate violation.
23(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
24 (720 ILCS 5/24-1.8)
25 Sec. 24-1.8. Unlawful possession of a firearm by a street

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1gang member.
2 (a) A person commits unlawful possession of a firearm by a
3street gang member when he or she knowingly:
4 (1) possesses, carries, or conceals on or about his or
5 her person a firearm and firearm ammunition while on any
6 street, road, alley, gangway, sidewalk, or any other lands,
7 except when inside his or her own abode or inside his or
8 her fixed place of business, and has not been issued a
9 currently valid Firearm Owner's Identification Card and is
10 a member of a street gang; or
11 (2) possesses or carries in any vehicle a firearm and
12 firearm ammunition which are both immediately accessible
13 at the time of the offense while on any street, road,
14 alley, or any other lands, except when inside his or her
15 own abode or garage, and has not been issued a currently
16 valid Firearm Owner's Identification Card and is a member
17 of a street gang.
18 (b) Unlawful possession of a firearm by a street gang
19member is a Class 2 felony for which the person, if sentenced
20to a term of imprisonment, shall be sentenced to no less than 3
21years and no more than 10 years. A period of probation, a term
22of periodic imprisonment or conditional discharge shall not be
23imposed for the offense of unlawful possession of a firearm by
24a street gang member when the firearm was loaded or contained
25firearm ammunition and the court shall sentence the offender to
26not less than the minimum term of imprisonment authorized for

HB4314- 142 -LRB100 15650 RLC 30751 b
1the Class 2 felony.
2 (c) For purposes of this Section:
3 "Street gang" or "gang" has the meaning ascribed to it
4 in Section 10 of the Illinois Streetgang Terrorism Omnibus
5 Prevention Act.
6 "Street gang member" or "gang member" has the meaning
7 ascribed to it in Section 10 of the Illinois Streetgang
8 Terrorism Omnibus Prevention Act.
9(Source: P.A. 96-829, eff. 12-3-09.)
10 (720 ILCS 5/24-2)
11 Sec. 24-2. Exemptions.
12 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
14the following:
15 (1) Peace officers, and any person summoned by a peace
16 officer to assist in making arrests or preserving the
17 peace, while actually engaged in assisting such officer.
18 (2) Wardens, superintendents and keepers of prisons,
19 penitentiaries, jails and other institutions for the
20 detention of persons accused or convicted of an offense,
21 while in the performance of their official duty, or while
22 commuting between their homes and places of employment.
23 (3) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard or the
25 Reserve Officers Training Corps, while in the performance

HB4314- 143 -LRB100 15650 RLC 30751 b
1 of their official duty.
2 (4) Special agents employed by a railroad or a public
3 utility to perform police functions, and guards of armored
4 car companies, while actually engaged in the performance of
5 the duties of their employment or commuting between their
6 homes and places of employment; and watchmen while actually
7 engaged in the performance of the duties of their
8 employment.
9 (5) Persons licensed as private security contractors,
10 private detectives, or private alarm contractors, or
11 employed by a private security contractor, private
12 detective, or private alarm contractor agency licensed by
13 the Department of Financial and Professional Regulation,
14 if their duties include the carrying of a weapon under the
15 provisions of the Private Detective, Private Alarm,
16 Private Security, Fingerprint Vendor, and Locksmith Act of
17 2004, while actually engaged in the performance of the
18 duties of their employment or commuting between their homes
19 and places of employment. A person shall be considered
20 eligible for this exemption if he or she has completed the
21 required 20 hours of training for a private security
22 contractor, private detective, or private alarm
23 contractor, or employee of a licensed private security
24 contractor, private detective, or private alarm contractor
25 agency and 20 hours of required firearm training, and has
26 been issued a firearm control card by the Department of

HB4314- 144 -LRB100 15650 RLC 30751 b
1 Financial and Professional Regulation. Conditions for the
2 renewal of firearm control cards issued under the
3 provisions of this Section shall be the same as for those
4 cards issued under the provisions of the Private Detective,
5 Private Alarm, Private Security, Fingerprint Vendor, and
6 Locksmith Act of 2004. The firearm control card shall be
7 carried by the private security contractor, private
8 detective, or private alarm contractor, or employee of the
9 licensed private security contractor, private detective,
10 or private alarm contractor agency at all times when he or
11 she is in possession of a concealable weapon permitted by
12 his or her firearm control card.
13 (6) Any person regularly employed in a commercial or
14 industrial operation as a security guard for the protection
15 of persons employed and private property related to such
16 commercial or industrial operation, while actually engaged
17 in the performance of his or her duty or traveling between
18 sites or properties belonging to the employer, and who, as
19 a security guard, is a member of a security force
20 registered with the Department of Financial and
21 Professional Regulation; provided that such security guard
22 has successfully completed a course of study, approved by
23 and supervised by the Department of Financial and
24 Professional Regulation, consisting of not less than 40
25 hours of training that includes the theory of law
26 enforcement, liability for acts, and the handling of

HB4314- 145 -LRB100 15650 RLC 30751 b
1 weapons. A person shall be considered eligible for this
2 exemption if he or she has completed the required 20 hours
3 of training for a security officer and 20 hours of required
4 firearm training, and has been issued a firearm control
5 card by the Department of Financial and Professional
6 Regulation. Conditions for the renewal of firearm control
7 cards issued under the provisions of this Section shall be
8 the same as for those cards issued under the provisions of
9 the Private Detective, Private Alarm, Private Security,
10 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
11 control card shall be carried by the security guard at all
12 times when he or she is in possession of a concealable
13 weapon permitted by his or her firearm control card.
14 (7) Agents and investigators of the Illinois
15 Legislative Investigating Commission authorized by the
16 Commission to carry the weapons specified in subsections
17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18 any investigation for the Commission.
19 (8) Persons employed by a financial institution as a
20 security guard for the protection of other employees and
21 property related to such financial institution, while
22 actually engaged in the performance of their duties,
23 commuting between their homes and places of employment, or
24 traveling between sites or properties owned or operated by
25 such financial institution, and who, as a security guard,
26 is a member of a security force registered with the

HB4314- 146 -LRB100 15650 RLC 30751 b
1 Department; provided that any person so employed has
2 successfully completed a course of study, approved by and
3 supervised by the Department of Financial and Professional
4 Regulation, consisting of not less than 40 hours of
5 training which includes theory of law enforcement,
6 liability for acts, and the handling of weapons. A person
7 shall be considered to be eligible for this exemption if he
8 or she has completed the required 20 hours of training for
9 a security officer and 20 hours of required firearm
10 training, and has been issued a firearm control card by the
11 Department of Financial and Professional Regulation.
12 Conditions for renewal of firearm control cards issued
13 under the provisions of this Section shall be the same as
14 for those issued under the provisions of the Private
15 Detective, Private Alarm, Private Security, Fingerprint
16 Vendor, and Locksmith Act of 2004. The firearm control card
17 shall be carried by the security guard at all times when he
18 or she is in possession of a concealable weapon permitted
19 by his or her firearm control card. For purposes of this
20 subsection, "financial institution" means a bank, savings
21 and loan association, credit union or company providing
22 armored car services.
23 (9) Any person employed by an armored car company to
24 drive an armored car, while actually engaged in the
25 performance of his duties.
26 (10) Persons who have been classified as peace officers

HB4314- 147 -LRB100 15650 RLC 30751 b
1 pursuant to the Peace Officer Fire Investigation Act.
2 (11) Investigators of the Office of the State's
3 Attorneys Appellate Prosecutor authorized by the board of
4 governors of the Office of the State's Attorneys Appellate
5 Prosecutor to carry weapons pursuant to Section 7.06 of the
6 State's Attorneys Appellate Prosecutor's Act.
7 (12) Special investigators appointed by a State's
8 Attorney under Section 3-9005 of the Counties Code.
9 (12.5) Probation officers while in the performance of
10 their duties, or while commuting between their homes,
11 places of employment or specific locations that are part of
12 their assigned duties, with the consent of the chief judge
13 of the circuit for which they are employed, if they have
14 received weapons training according to requirements of the
15 Peace Officer and Probation Officer Firearm Training Act.
16 (13) Court Security Officers while in the performance
17 of their official duties, or while commuting between their
18 homes and places of employment, with the consent of the
19 Sheriff.
20 (13.5) A person employed as an armed security guard at
21 a nuclear energy, storage, weapons or development site or
22 facility regulated by the Nuclear Regulatory Commission
23 who has completed the background screening and training
24 mandated by the rules and regulations of the Nuclear
25 Regulatory Commission.
26 (14) Manufacture, transportation, or sale of weapons

HB4314- 148 -LRB100 15650 RLC 30751 b
1 to persons authorized under subdivisions (1) through
2 (13.5) of this subsection to possess those weapons.
3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10 (1) Members of any club or organization organized for
11 the purpose of practicing shooting at targets upon
12 established target ranges, whether public or private, and
13 patrons of such ranges, while such members or patrons are
14 using their firearms on those target ranges.
15 (2) Duly authorized military or civil organizations
16 while parading, with the special permission of the
17 Governor.
18 (3) Hunters, trappers or fishermen with a license or
19 permit while engaged in hunting, trapping or fishing.
20 (4) Transportation of weapons that are broken down in a
21 non-functioning state or are not immediately accessible.
22 (5) Carrying or possessing any pistol, revolver, stun
23 gun or taser or other firearm on the land or in the legal
24 dwelling of another person as an invitee with that person's
25 permission.
26 (c) Subsection 24-1(a)(7) does not apply to or affect any

HB4314- 149 -LRB100 15650 RLC 30751 b
1of the following:
2 (1) Peace officers while in performance of their
3 official duties.
4 (2) Wardens, superintendents and keepers of prisons,
5 penitentiaries, jails and other institutions for the
6 detention of persons accused or convicted of an offense.
7 (3) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (4) Manufacture, transportation, or sale of machine
11 guns to persons authorized under subdivisions (1) through
12 (3) of this subsection to possess machine guns, if the
13 machine guns are broken down in a non-functioning state or
14 are not immediately accessible.
15 (5) Persons licensed under federal law to manufacture
16 any weapon from which 8 or more shots or bullets can be
17 discharged by a single function of the firing device, or
18 ammunition for such weapons, and actually engaged in the
19 business of manufacturing such weapons or ammunition, but
20 only with respect to activities which are within the lawful
21 scope of such business, such as the manufacture,
22 transportation, or testing of such weapons or ammunition.
23 This exemption does not authorize the general private
24 possession of any weapon from which 8 or more shots or
25 bullets can be discharged by a single function of the
26 firing device, but only such possession and activities as

HB4314- 150 -LRB100 15650 RLC 30751 b
1 are within the lawful scope of a licensed manufacturing
2 business described in this paragraph.
3 During transportation, such weapons shall be broken
4 down in a non-functioning state or not immediately
5 accessible.
6 (6) The manufacture, transport, testing, delivery,
7 transfer or sale, and all lawful commercial or experimental
8 activities necessary thereto, of rifles, shotguns, and
9 weapons made from rifles or shotguns, or ammunition for
10 such rifles, shotguns or weapons, where engaged in by a
11 person operating as a contractor or subcontractor pursuant
12 to a contract or subcontract for the development and supply
13 of such rifles, shotguns, weapons or ammunition to the
14 United States government or any branch of the Armed Forces
15 of the United States, when such activities are necessary
16 and incident to fulfilling the terms of such contract.
17 The exemption granted under this subdivision (c)(6)
18 shall also apply to any authorized agent of any such
19 contractor or subcontractor who is operating within the
20 scope of his employment, where such activities involving
21 such weapon, weapons or ammunition are necessary and
22 incident to fulfilling the terms of such contract.
23 (7) A person possessing a rifle with a barrel or
24 barrels less than 16 inches in length if: (A) the person
25 has been issued a Curios and Relics license from the U.S.
26 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

HB4314- 151 -LRB100 15650 RLC 30751 b
1 the person is an active member of a bona fide, nationally
2 recognized military re-enacting group and the modification
3 is required and necessary to accurately portray the weapon
4 for historical re-enactment purposes; the re-enactor is in
5 possession of a valid and current re-enacting group
6 membership credential; and the overall length of the weapon
7 as modified is not less than 26 inches.
8 (d) Subsection 24-1(a)(1) does not apply to the purchase,
9possession or carrying of a black-jack or slung-shot by a peace
10officer.
11 (e) Subsection 24-1(a)(8) does not apply to any owner,
12manager or authorized employee of any place specified in that
13subsection nor to any law enforcement officer.
14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
15Section 24-1.6 do not apply to members of any club or
16organization organized for the purpose of practicing shooting
17at targets upon established target ranges, whether public or
18private, while using their firearms on those target ranges.
19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
20to:
21 (1) Members of the Armed Services or Reserve Forces of
22 the United States or the Illinois National Guard, while in
23 the performance of their official duty.
24 (2) Bonafide collectors of antique or surplus military
25 ordnance.
26 (3) Laboratories having a department of forensic

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

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1transportation, these devices shall be detached from any weapon
2or not immediately accessible.
3 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any parole agent or parole
5supervisor who meets the qualifications and conditions
6prescribed in Section 3-14-1.5 of the Unified Code of
7Corrections.
8 (g-7) Subsection 24-1(a)(6) does not apply to a peace
9officer while serving as a member of a tactical response team
10or special operations team. A peace officer may not personally
11own or apply for ownership of a device or attachment of any
12kind designed, used, or intended for use in silencing the
13report of any firearm. These devices shall be owned and
14maintained by lawfully recognized units of government whose
15duties include the investigation of criminal acts.
16 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
18athlete's possession, transport on official Olympic and
19Paralympic transit systems established for athletes, or use of
20competition firearms sanctioned by the International Olympic
21Committee, the International Paralympic Committee, the
22International Shooting Sport Federation, or USA Shooting in
23connection with such athlete's training for and participation
24in shooting competitions at the 2016 Olympic and Paralympic
25Games and sanctioned test events leading up to the 2016 Olympic
26and Paralympic Games.

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1 (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any exemptions
3contained in this Article. The defendant shall have the burden
4of proving such an exemption.
5 (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm consigned
8to a common carrier operating under license of the State of
9Illinois or the federal government, where such transportation,
10carrying, or possession is incident to the lawful
11transportation in which such common carrier is engaged; and
12nothing in this Article shall prohibit, apply to, or affect the
13transportation, carrying, or possession of any pistol,
14revolver, stun gun, taser, or other firearm, not the subject of
15and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
16this Article, which is unloaded and enclosed in a case, firearm
17carrying box, shipping box, or other container, by a person
18eligible under State and federal law to possess a firearm the
19possessor of a valid Firearm Owners Identification Card.
20(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
21 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
22 Sec. 24-3. Unlawful sale or delivery of firearms.
23 (A) A person commits the offense of unlawful sale or
24delivery of firearms when he or she knowingly does any of the
25following:

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

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

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

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1 agreement to purchase a firearm. For purposes of this
2 paragraph (g), "national governing body" means a group of
3 persons who adopt rules and formulate policy on behalf of a
4 national firearm sporting organization.
5 (h) While holding any license as a dealer, importer,
6 manufacturer or pawnbroker under the federal Gun Control
7 Act of 1968, manufactures, sells or delivers to any
8 unlicensed person a handgun having a barrel, slide, frame
9 or receiver which is a die casting of zinc alloy or any
10 other nonhomogeneous metal which will melt or deform at a
11 temperature of less than 800 degrees Fahrenheit. For
12 purposes of this paragraph, (1) "firearm" is defined as in
13 the Firearm Owners Identification Card Act; and (2)
14 "handgun" is defined as a firearm designed to be held and
15 fired by the use of a single hand, and includes a
16 combination of parts from which such a firearm can be
17 assembled.
18 (i) Sells or gives a firearm of any size to any person
19 under 18 years of age who is not eligible under State or
20 federal law to possess a firearm does not possess a valid
21 Firearm 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) (Blank). Sells or transfers ownership of a firearm
18 to a person who does not display to the seller or
19 transferor of the firearm either: (1) a currently valid
20 Firearm Owner's Identification Card that has previously
21 been issued in the transferee's name by the Department of
22 State Police under the provisions of the Firearm Owners
23 Identification Card Act; or (2) a currently valid license
24 to carry a concealed firearm that has previously been
25 issued in the transferee's name by the Department of State
26 Police under the Firearm Concealed Carry Act. This

HB4314- 160 -LRB100 15650 RLC 30751 b
1 paragraph (k) does not apply to the transfer of a firearm
2 to a person who is exempt from the requirement of
3 possessing a Firearm Owner's Identification Card under
4 Section 2 of the Firearm Owners Identification Card Act.
5 For the purposes of this Section, a currently valid Firearm
6 Owner's Identification Card means (i) a Firearm Owner's
7 Identification Card that has not expired or (ii) an
8 approval number issued in accordance with subsection
9 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
10 Identification Card Act shall be proof that the Firearm
11 Owner's Identification Card was valid.
12 (1) (Blank). In addition to the other requirements
13 of this paragraph (k), all persons who are not
14 federally licensed firearms dealers must also have
15 complied with subsection (a-10) of Section 3 of the
16 Firearm Owners Identification Card Act by determining
17 the validity of a purchaser's Firearm Owner's
18 Identification Card.
19 (2) (Blank). All sellers or transferors who have
20 complied with the requirements of subparagraph (1) of
21 this paragraph (k) shall not be liable for damages in
22 any civil action arising from the use or misuse by the
23 transferee of the firearm transferred, except for
24 willful or wanton misconduct on the part of the seller
25 or transferor.
26 (l) Not being entitled to the possession of a firearm,

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1 delivers the firearm, knowing it to have been stolen or
2 converted. It may be inferred that a person who possesses a
3 firearm with knowledge that its serial number has been
4 removed or altered has knowledge that the firearm is stolen
5 or converted.
6 (B) Paragraph (h) of subsection (A) does not include
7firearms sold within 6 months after enactment of Public Act
878-355 (approved August 21, 1973, effective October 1, 1973),
9nor is any firearm legally owned or possessed by any citizen or
10purchased by any citizen within 6 months after the enactment of
11Public Act 78-355 subject to confiscation or seizure under the
12provisions of that Public Act. Nothing in Public Act 78-355
13shall be construed to prohibit the gift or trade of any firearm
14if that firearm was legally held or acquired within 6 months
15after the enactment of that Public Act.
16 (C) Sentence.
17 (1) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (c), (e), (f), (g),
19 or (h) of subsection (A) commits a Class 4 felony.
20 (2) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (b) or (i) of
22 subsection (A) commits a Class 3 felony.
23 (3) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (a) of subsection (A)
25 commits a Class 2 felony.
26 (4) Any person convicted of unlawful sale or delivery

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

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

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

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

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1subsection (A) of this Section may be commenced within 5 years
2after the commission of the offense defined in the particular
3paragraph.
4(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
599-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
6 (720 ILCS 5/24-3B)
7 Sec. 24-3B. Firearms trafficking.
8 (a) A person commits firearms trafficking when he or she
9has not been issued a currently valid Firearm Owner's
10Identification Card and knowingly:
11 (1) brings, or causes to be brought, into this State, a
12 firearm or firearm ammunition for the purpose of sale,
13 delivery, or transfer to any other person or with the
14 intent to sell, deliver, or transfer the firearm or firearm
15 ammunition to any other person; or
16 (2) brings, or causes to be brought, into this State, a
17 firearm and firearm ammunition for the purpose of sale,
18 delivery, or transfer to any other person or with the
19 intent to sell, deliver, or transfer the firearm and
20 firearm ammunition to any other person.
21 (a-5) This Section does not apply to:
22 (1) (blank); a person exempt under Section 2 of the
23 Firearm Owners Identification Card Act from the
24 requirement of having possession of a Firearm Owner's
25 Identification Card previously issued in his or her name by

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1 the Department of State Police in order to acquire or
2 possess a firearm or firearm ammunition;
3 (2) a common carrier under subsection (i) of Section
4 24-2 of this Code; or
5 (3) a non-resident who may lawfully possess a firearm
6 in his or her resident state.
7 (b) Sentence.
8 (1) Firearms trafficking is a Class 1 felony for which
9 the person, if sentenced to a term of imprisonment, shall
10 be sentenced to not less than 4 years and not more than 20
11 years.
12 (2) Firearms trafficking by a person who has been
13 previously convicted of firearms trafficking, gunrunning,
14 or a felony offense for the unlawful sale, delivery, or
15 transfer of a firearm or firearm ammunition in this State
16 or another jurisdiction is a Class X felony.
17(Source: P.A. 99-885, eff. 8-23-16.)
18 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
19 Sec. 24-3.1. Unlawful possession of firearms and firearm
20ammunition.
21 (a) A person commits the offense of unlawful possession of
22firearms or firearm ammunition when:
23 (1) He is under 18 years of age and has in his
24 possession any firearm of a size which may be concealed
25 upon the person; or

HB4314- 168 -LRB100 15650 RLC 30751 b
1 (2) He is under 21 years of age, has been convicted of
2 a misdemeanor other than a traffic offense or adjudged
3 delinquent and has any firearms or firearm ammunition in
4 his possession; or
5 (3) He is a narcotic addict and has any firearms or
6 firearm ammunition in his possession; or
7 (4) He has been a patient in a mental institution
8 within the past 5 years and has any firearms or firearm
9 ammunition in his possession. For purposes of this
10 paragraph (4):
11 "Mental institution" means any hospital,
12 institution, clinic, evaluation facility, mental
13 health center, or part thereof, which is used primarily
14 for the care or treatment of persons with mental
15 illness.
16 "Patient in a mental institution" means the person
17 was admitted, either voluntarily or involuntarily, to
18 a mental institution for mental health treatment,
19 unless the treatment was voluntary and solely for an
20 alcohol abuse disorder and no other secondary
21 substance abuse disorder or mental illness; or
22 (5) He is a person with an intellectual disability and
23 has any firearms or firearm ammunition in his possession;
24 or
25 (6) He has in his possession any explosive bullet.
26 For purposes of this paragraph "explosive bullet" means the

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1projectile portion of an ammunition cartridge which contains or
2carries an explosive charge which will explode upon contact
3with the flesh of a human or an animal. "Cartridge" means a
4tubular metal case having a projectile affixed at the front
5thereof and a cap or primer at the rear end thereof, with the
6propellant contained in such tube between the projectile and
7the cap.
8 (a-5) A person prohibited from possessing a firearm under
9this Section may petition the Director of State Police for a
10hearing and relief from the prohibition, unless the prohibition
11was based upon a forcible felony, stalking, aggravated
12stalking, domestic battery, any violation of the Illinois
13Controlled Substances Act, the Methamphetamine Control and
14Community Protection Act, or the Cannabis Control Act that is
15classified as a Class 2 or greater felony, any felony violation
16of Article 24 of the Criminal Code of 1961 or the Criminal Code
17of 2012, or any adjudication as a delinquent minor for the
18commission of an offense that if committed by an adult would be
19a felony, in which case the person may petition the circuit
20court in writing in the county of his or her residence for a
21hearing and relief from the prohibition. The Director or court
22may grant the relief if it is established by the petitioner to
23the court's or Director's satisfaction that:
24 (1) when in the circuit court, the State's Attorney has
25 been served with a written copy of the petition at least 30
26 days before any hearing in the circuit court and at the

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1 hearing the State's Attorney was afforded an opportunity to
2 present evidence and object to the petition;
3 (2) the petitioner has not been convicted of a forcible
4 felony under the laws of this State or any other
5 jurisdiction within 20 years of the filing of the petition,
6 or at least 20 years have passed since the end of any
7 period of imprisonment imposed in relation to that
8 conviction;
9 (3) the circumstances regarding a criminal conviction,
10 where applicable, the petitioner's criminal history and
11 his reputation are such that the petitioner will not be
12 likely to act in a manner dangerous to public safety;
13 (4) granting relief would not be contrary to the public
14 interest; and
15 (5) granting relief would not be contrary to federal
16 law.
17 (b) Sentence.
18 Unlawful possession of firearms, other than handguns, and
19firearm ammunition is a Class A misdemeanor. Unlawful
20possession of handguns is a Class 4 felony. The possession of
21each firearm or firearm ammunition in violation of this Section
22constitutes a single and separate violation.
23 (c) Nothing in paragraph (1) of subsection (a) of this
24Section prohibits a person under 18 years of age from
25participating in any lawful recreational activity with a
26firearm such as, but not limited to, practice shooting at

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1targets upon established public or private target ranges or
2hunting, trapping, or fishing in accordance with the Wildlife
3Code or the Fish and Aquatic Life Code.
4(Source: P.A. 99-143, eff. 7-27-15.)
5 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
6 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
7 (a) A person commits the offense of unlawful discharge of
8firearm projectiles when he or she knowingly or recklessly uses
9an armor piercing bullet, dragon's breath shotgun shell, bolo
10shell, or flechette shell in violation of this Section.
11 For purposes of this Section:
12 "Armor piercing bullet" means any handgun bullet or handgun
13ammunition with projectiles or projectile cores constructed
14entirely (excluding the presence of traces of other substances)
15from tungsten alloys, steel, iron, brass, bronze, beryllium
16copper or depleted uranium, or fully jacketed bullets larger
17than 22 caliber whose jacket has a weight of more than 25% of
18the total weight of the projectile, and excluding those handgun
19projectiles whose cores are composed of soft materials such as
20lead or lead alloys, zinc or zinc alloys, frangible projectiles
21designed primarily for sporting purposes, and any other
22projectiles or projectile cores that the U. S. Secretary of the
23Treasury finds to be primarily intended to be used for sporting
24purposes or industrial purposes or that otherwise does not
25constitute "armor piercing ammunition" as that term is defined

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

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1 detention of persons accused or convicted of an offense;
2 (3) Members of the Armed Services or Reserve Forces of
3 the United States or the Illinois National Guard while in
4 the performance of their official duties;
5 (4) Federal officials required to carry firearms,
6 while engaged in the performance of their official duties;
7 (5) United States Marshals, while engaged in the
8 performance of their official duties.
9(Source: P.A. 92-423, eff. 1-1-02.)
10 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
11 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
12 (a) It shall be unlawful for any person who holds a license
13to sell at retail any alcoholic liquor issued by the Illinois
14Liquor Control Commission or local liquor control commissioner
15under the Liquor Control Act of 1934 or an agent or employee of
16the licensee to sell or deliver to any other person a firearm
17in or on the real property of the establishment where the
18licensee is licensed to sell alcoholic liquors unless the sale
19or delivery of the firearm is otherwise lawful under this
20Article and under the Firearm Owners Identification Card Act.
21 (b) Sentence. A violation of subsection (a) of this Section
22is a Class 4 felony.
23(Source: P.A. 87-591.)
24 (720 ILCS 5/24-3.5)

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1 Sec. 24-3.5. Unlawful purchase of a firearm.
2 (a) For purposes of this Section, "firearms transaction
3record form" means a form:
4 (1) executed by a transferee of a firearm stating: (i)
5 the transferee's name and address (including county or
6 similar political subdivision); (ii) whether the
7 transferee is a citizen of the United States; (iii) the
8 transferee's State of residence; and (iv) the date and
9 place of birth, height, weight, and race of the transferee;
10 and
11 (2) on which the transferee certifies that he or she is
12 not prohibited by federal law from transporting or shipping
13 a firearm in interstate or foreign commerce or receiving a
14 firearm that has been shipped or transported in interstate
15 or foreign commerce or possessing a firearm in or affecting
16 commerce.
17 (b) A person commits the offense of unlawful purchase of a
18firearm who knowingly purchases or attempts to purchase a
19firearm with the intent to deliver that firearm to another
20person who is prohibited by federal or State law from
21possessing a firearm.
22 (c) A person commits the offense of unlawful purchase of a
23firearm when he or she, in purchasing or attempting to purchase
24a firearm, intentionally provides false or misleading
25information on a United States Department of the Treasury,
26Bureau of Alcohol, Tobacco and Firearms firearms transaction

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1record form.
2 (d) Exemption. It is not a violation of subsection (b) of
3this Section for a person to make a gift or loan of a firearm to
4a person who is not prohibited by federal or State law from
5possessing a firearm if the transfer of the firearm is made in
6accordance with Section 3 of the Firearm Owners Identification
7Card Act.
8 (e) Sentence.
9 (1) A person who commits the offense of unlawful
10 purchase of a firearm:
11 (A) is guilty of a Class 2 felony for purchasing or
12 attempting to purchase one firearm;
13 (B) is guilty of a Class 1 felony for purchasing or
14 attempting to purchase not less than 2 firearms and not
15 more than 5 firearms at the same time or within a one
16 year period;
17 (C) is guilty of a Class X felony for which the
18 offender shall be sentenced to a term of imprisonment
19 of not less than 9 years and not more than 40 years for
20 purchasing or attempting to purchase not less than 6
21 firearms at the same time or within a 2 year period.
22 (2) In addition to any other penalty that may be
23 imposed for a violation of this Section, the court may
24 sentence a person convicted of a violation of subsection
25 (c) of this Section to a fine not to exceed $250,000 for
26 each violation.

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1 (f) A prosecution for unlawful purchase of a firearm may be
2commenced within 6 years after the commission of the offense.
3(Source: P.A. 95-882, eff. 1-1-09.)
4 (720 ILCS 5/24-4.1)
5 Sec. 24-4.1. Report of lost or stolen firearms.
6 (a) If a person who possesses a valid Firearm Owner's
7Identification Card and who possesses or acquires a firearm
8thereafter loses the firearm, or if the firearm is stolen from
9the person, the person must report the loss or theft to the
10local law enforcement agency within 72 hours after obtaining
11knowledge of the loss or theft.
12 (b) A law enforcement agency having jurisdiction shall take
13a written report and shall, as soon as practical, enter the
14firearm's serial number as stolen into the Law Enforcement
15Agencies Data System (LEADS).
16 (c) A person shall not be in violation of this Section if:
17 (1) the failure to report is due to an act of God, act
18 of war, or inability of a law enforcement agency to receive
19 the report;
20 (2) the person is hospitalized, in a coma, or is
21 otherwise seriously physically or mentally impaired as to
22 prevent the person from reporting; or
23 (3) the person's designee makes a report if the person
24 is unable to make the report.
25 (d) Sentence. A person who violates this Section is guilty

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1of a petty offense for a first violation. A second or
2subsequent violation of this Section is a Class A misdemeanor.
3(Source: P.A. 98-508, eff. 8-19-13.)
4 (720 ILCS 5/24-4.5 new)
5 Sec. 24-4.5. Dial up system.
6 (a) The Department of State Police shall provide a dial up
7telephone system or utilize other existing technology which
8shall be used by any federally licensed firearm dealer, gun
9show promoter, or gun show vendor who is to transfer a firearm,
10stun gun, or taser under the provisions of this Code. The
11Department of State Police may utilize existing technology
12which allows the caller to be charged a fee not to exceed $2.
13Fees collected by the Department of State Police shall be
14deposited in the State Police Services Fund and used to provide
15the service.
16 (b) Upon receiving a request from a federally licensed
17firearm dealer, gun show promoter, or gun show vendor, the
18Department of State Police shall immediately approve, or within
19the time period established by Section 24-3 of this Code
20regarding the delivery of firearms, stun guns, and tasers
21notify the inquiring dealer, gun show promoter, or gun show
22vendor of any objection that would disqualify the transferee
23from acquiring or possessing a firearm, stun gun, or taser. In
24conducting the inquiry, the Department of State Police shall
25initiate and complete an automated search of its criminal

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1history record information files and those of the Federal
2Bureau of Investigation, including the National Instant
3Criminal Background Check System, and of the files of the
4Department of Human Services relating to mental health and
5developmental disabilities to obtain any felony conviction or
6patient hospitalization information which would disqualify a
7person from obtaining a firearm.
8 (c) If receipt of a firearm would not violate Section 24-3
9of this Code or federal law, the Department of State Police
10shall:
11 (1) assign a unique identification number to the
12 transfer; and
13 (2) provide the licensee, gun show promoter, or gun
14 show vendor with the number.
15 (d) Approvals issued by the Department of State Police for
16the purchase of a firearm are valid for 30 days from the date
17of issue.
18 (e)(1) The Department of State Police must act as the
19Illinois Point of Contact for the National Instant Criminal
20Background Check System.
21 (2) The Department of State Police and the Department of
22Human Services shall, in accordance with State and federal law
23regarding confidentiality, enter into a memorandum of
24understanding with the Federal Bureau of Investigation for the
25purpose of implementing the National Instant Criminal
26Background Check System in the State. The Department of State

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1Police shall report the name, date of birth, and physical
2description of any person prohibited from possessing a firearm
3under this Code or 18 U.S.C. 922(g) and (n) to the National
4Instant Criminal Background Check System Index, Denied Persons
5Files.
6 (f) The Department of State Police shall adopt rules not
7inconsistent with this Section to implement this system.
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
16person possessing the firearm, minor's parent, guardian, or
17person having charge of the minor, and the minor causes death
18or great bodily harm with the firearm, 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.

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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) (Blank). For the purposes of this Section, "firearm"
13has the meaning ascribed to it in Section 1.1 of the Firearm
14Owners Identification Card Act.
15(Source: P.A. 91-18, eff. 1-1-00.)
16 Section 85. The Methamphetamine Control and Community
17Protection Act is amended by changing Section 10 as follows:
18 (720 ILCS 646/10)
19 Sec. 10. Definitions. As used in this Act:
20 "Anhydrous ammonia" has the meaning provided in subsection
21(d) of Section 3 of the Illinois Fertilizer Act of 1961.
22 "Anhydrous ammonia equipment" means all items used to
23store, hold, contain, handle, transfer, transport, or apply
24anhydrous ammonia for lawful purposes.

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

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1technician-paramedic, ambulance driver, or other medical or
2first aid personnel rendering aid, or any agent or designee of
3the foregoing.
4 "Finished methamphetamine" means methamphetamine in a form
5commonly used for personal consumption.
6 "Firearm" has the meaning provided in Section 2-7.5 of the
7Criminal Code of 2012 1.1 of the Firearm Owners Identification
8Card Act.
9 "Manufacture" means to produce, prepare, compound,
10convert, process, synthesize, concentrate, purify, separate,
11extract, or package any methamphetamine, methamphetamine
12precursor, methamphetamine manufacturing catalyst,
13methamphetamine manufacturing reagent, methamphetamine
14manufacturing solvent, or any substance containing any of the
15foregoing.
16 "Methamphetamine" means the chemical methamphetamine (a
17Schedule II controlled substance under the Illinois Controlled
18Substances Act) or any salt, optical isomer, salt of optical
19isomer, or analog thereof, with the exception of
203,4-Methylenedioxymethamphetamine (MDMA) or any other
21scheduled substance with a separate listing under the Illinois
22Controlled Substances Act.
23 "Methamphetamine manufacturing catalyst" means any
24substance that has been used, is being used, or is intended to
25be used to activate, accelerate, extend, or improve a chemical
26reaction involved in the manufacture of methamphetamine.

HB4314- 183 -LRB100 15650 RLC 30751 b
1 "Methamphetamine manufacturing environment" means a
2structure or vehicle in which:
3 (1) methamphetamine is being or has been manufactured;
4 (2) chemicals that are being used, have been used, or
5 are intended to be used to manufacture methamphetamine are
6 stored;
7 (3) methamphetamine manufacturing materials that have
8 been used to manufacture methamphetamine are stored; or
9 (4) methamphetamine manufacturing waste is stored.
10 "Methamphetamine manufacturing material" means any
11methamphetamine precursor, substance containing any
12methamphetamine precursor, methamphetamine manufacturing
13catalyst, substance containing any methamphetamine
14manufacturing catalyst, methamphetamine manufacturing reagent,
15substance containing any methamphetamine manufacturing
16reagent, methamphetamine manufacturing solvent, substance
17containing any methamphetamine manufacturing solvent, or any
18other chemical, substance, ingredient, equipment, apparatus,
19or item that is being used, has been used, or is intended to be
20used in the manufacture of methamphetamine.
21 "Methamphetamine manufacturing reagent" means any
22substance other than a methamphetamine manufacturing catalyst
23that has been used, is being used, or is intended to be used to
24react with and chemically alter any methamphetamine precursor.
25 "Methamphetamine manufacturing solvent" means any
26substance that has been used, is being used, or is intended to

HB4314- 184 -LRB100 15650 RLC 30751 b
1be used as a medium in which any methamphetamine precursor,
2methamphetamine manufacturing catalyst, methamphetamine
3manufacturing reagent, or any substance containing any of the
4foregoing is dissolved, diluted, or washed during any part of
5the methamphetamine manufacturing process.
6 "Methamphetamine manufacturing waste" means any chemical,
7substance, ingredient, equipment, apparatus, or item that is
8left over from, results from, or is produced by the process of
9manufacturing methamphetamine, other than finished
10methamphetamine.
11 "Methamphetamine precursor" means ephedrine,
12pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
13phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
14isomer, or salt of an optical isomer of any of these chemicals.
15 "Multi-unit dwelling" means a unified structure used or
16intended for use as a habitation, home, or residence that
17contains 2 or more condominiums, apartments, hotel rooms, motel
18rooms, or other living units.
19 "Package" means an item marked for retail sale that is not
20designed to be further broken down or subdivided for the
21purpose of retail sale.
22 "Participate" or "participation" in the manufacture of
23methamphetamine means to produce, prepare, compound, convert,
24process, synthesize, concentrate, purify, separate, extract,
25or package any methamphetamine, methamphetamine precursor,
26methamphetamine manufacturing catalyst, methamphetamine

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

HB4314- 186 -LRB100 15650 RLC 30751 b
1ammonia, means any container that is not designed for the
2specific and sole purpose of holding, storing, transporting, or
3applying anhydrous ammonia. "Unauthorized container" includes,
4but is not limited to, any propane tank, fire extinguisher,
5oxygen cylinder, gasoline can, food or beverage cooler, or
6compressed gas cylinder used in dispensing fountain drinks.
7"Unauthorized container" does not encompass anhydrous ammonia
8manufacturing plants, refrigeration systems where anhydrous
9ammonia is used solely as a refrigerant, anhydrous ammonia
10transportation pipelines, anhydrous ammonia tankers, or
11anhydrous ammonia barges.
12(Source: P.A. 97-434, eff. 1-1-12.)
13 Section 90. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 110-10, 112A-11.1, 112A-11.2,
15112A-14, and 112A-14.7 as follows:
16 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
17 Sec. 110-10. Conditions of bail bond.
18 (a) If a person is released prior to conviction, either
19upon payment of bail security or on his or her own
20recognizance, the conditions of the bail bond shall be that he
21or she will:
22 (1) Appear to answer the charge in the court having
23 jurisdiction on a day certain and thereafter as ordered by
24 the court until discharged or final order of the court;

HB4314- 187 -LRB100 15650 RLC 30751 b
1 (2) Submit himself or herself to the orders and process
2 of the court;
3 (3) Not depart this State without leave of the court;
4 (4) Not violate any criminal statute of any
5 jurisdiction;
6 (5) At a time and place designated by the court,
7 surrender all firearms in his or her possession to a law
8 enforcement officer designated by the court to take custody
9 of and impound the firearms and physically surrender his or
10 her Firearm Owner's Identification Card to the clerk of the
11 circuit court when the offense the person has been charged
12 with is a forcible felony, stalking, aggravated stalking,
13 domestic battery, any violation of the Illinois Controlled
14 Substances Act, the Methamphetamine Control and Community
15 Protection Act, or the Cannabis Control Act that is
16 classified as a Class 2 or greater felony, or any felony
17 violation of Article 24 of the Criminal Code of 1961 or the
18 Criminal Code of 2012; the court may, however, forgo the
19 imposition of this condition when the circumstances of the
20 case clearly do not warrant it or when its imposition would
21 be impractical; if the Firearm Owner's Identification Card
22 is confiscated, the clerk of the circuit court shall mail
23 the confiscated card to the Illinois State Police; all
24 legally possessed firearms shall be returned to the person
25 upon the charges being dismissed, or if the person is found
26 not guilty, unless the finding of not guilty is by reason

HB4314- 188 -LRB100 15650 RLC 30751 b
1 of insanity; and
2 (6) At a time and place designated by the court, submit
3 to a psychological evaluation when the person has been
4 charged with a violation of item (4) of subsection (a) of
5 Section 24-1 of the Criminal Code of 1961 or the Criminal
6 Code of 2012 and that violation occurred in a school or in
7 any conveyance owned, leased, or contracted by a school to
8 transport students to or from school or a school-related
9 activity, or on any public way within 1,000 feet of real
10 property comprising any school.
11 Psychological evaluations ordered pursuant to this Section
12shall be completed promptly and made available to the State,
13the defendant, and the court. As a further condition of bail
14under these circumstances, the court shall order the defendant
15to refrain from entering upon the property of the school,
16including any conveyance owned, leased, or contracted by a
17school to transport students to or from school or a
18school-related activity, or on any public way within 1,000 feet
19of real property comprising any school. Upon receipt of the
20psychological evaluation, either the State or the defendant may
21request a change in the conditions of bail, pursuant to Section
22110-6 of this Code. The court may change the conditions of bail
23to include a requirement that the defendant follow the
24recommendations of the psychological evaluation, including
25undergoing psychiatric treatment. The conclusions of the
26psychological evaluation and any statements elicited from the

HB4314- 189 -LRB100 15650 RLC 30751 b
1defendant during its administration are not admissible as
2evidence of guilt during the course of any trial on the charged
3offense, unless the defendant places his or her mental
4competency in issue.
5 (b) The court may impose other conditions, such as the
6following, if the court finds that such conditions are
7reasonably necessary to assure the defendant's appearance in
8court, protect the public from the defendant, or prevent the
9defendant's unlawful interference with the orderly
10administration of justice:
11 (1) Report to or appear in person before such person or
12 agency as the court may direct;
13 (2) Refrain from possessing a firearm or other
14 dangerous weapon;
15 (3) Refrain from approaching or communicating with
16 particular persons or classes of persons;
17 (4) Refrain from going to certain described
18 geographical areas or premises;
19 (5) Refrain from engaging in certain activities or
20 indulging in intoxicating liquors or in certain drugs;
21 (6) Undergo treatment for drug addiction or
22 alcoholism;
23 (7) Undergo medical or psychiatric treatment;
24 (8) Work or pursue a course of study or vocational
25 training;
26 (9) Attend or reside in a facility designated by the

HB4314- 190 -LRB100 15650 RLC 30751 b
1 court;
2 (10) Support his or her dependents;
3 (11) If a minor resides with his or her parents or in a
4 foster home, attend school, attend a non-residential
5 program for youths, and contribute to his or her own
6 support at home or in a foster home;
7 (12) Observe any curfew ordered by the court;
8 (13) Remain in the custody of such designated person or
9 organization agreeing to supervise his release. Such third
10 party custodian shall be responsible for notifying the
11 court if the defendant fails to observe the conditions of
12 release which the custodian has agreed to monitor, and
13 shall be subject to contempt of court for failure so to
14 notify the court;
15 (14) Be placed under direct supervision of the Pretrial
16 Services Agency, Probation Department or Court Services
17 Department in a pretrial bond home supervision capacity
18 with or without the use of an approved electronic
19 monitoring device subject to Article 8A of Chapter V of the
20 Unified Code of Corrections;
21 (14.1) The court shall impose upon a defendant who is
22 charged with any alcohol, cannabis, methamphetamine, or
23 controlled substance violation and is placed under direct
24 supervision of the Pretrial Services Agency, Probation
25 Department or Court Services Department in a pretrial bond
26 home supervision capacity with the use of an approved

HB4314- 191 -LRB100 15650 RLC 30751 b
1 monitoring device, as a condition of such bail bond, a fee
2 that represents costs incidental to the electronic
3 monitoring for each day of such bail supervision ordered by
4 the court, unless after determining the inability of the
5 defendant to pay the fee, the court assesses a lesser fee
6 or no fee as the case may be. The fee shall be collected by
7 the clerk of the circuit court, except as provided in an
8 administrative order of the Chief Judge of the circuit
9 court. The clerk of the circuit court shall pay all monies
10 collected from this fee to the county treasurer for deposit
11 in the substance abuse services fund under Section 5-1086.1
12 of the Counties Code, except as provided in an
13 administrative order of the Chief Judge of the circuit
14 court.
15 The Chief Judge of the circuit court of the county may
16 by administrative order establish a program for electronic
17 monitoring of offenders with regard to drug-related and
18 alcohol-related offenses, in which a vendor supplies and
19 monitors the operation of the electronic monitoring
20 device, and collects the fees on behalf of the county. The
21 program shall include provisions for indigent offenders
22 and the collection of unpaid fees. The program shall not
23 unduly burden the offender and shall be subject to review
24 by the Chief Judge.
25 The Chief Judge of the circuit court may suspend any
26 additional charges or fees for late payment, interest, or

HB4314- 192 -LRB100 15650 RLC 30751 b
1 damage to any device;
2 (14.2) The court shall impose upon all defendants,
3 including those defendants subject to paragraph (14.1)
4 above, placed under direct supervision of the Pretrial
5 Services Agency, Probation Department or Court Services
6 Department in a pretrial bond home supervision capacity
7 with the use of an approved monitoring device, as a
8 condition of such bail bond, a fee which shall represent
9 costs incidental to such electronic monitoring for each day
10 of such bail supervision ordered by the court, unless after
11 determining the inability of the defendant to pay the fee,
12 the court assesses a lesser fee or no fee as the case may
13 be. The fee shall be collected by the clerk of the circuit
14 court, except as provided in an administrative order of the
15 Chief Judge of the circuit court. The clerk of the circuit
16 court shall pay all monies collected from this fee to the
17 county treasurer who shall use the monies collected to
18 defray the costs of corrections. The county treasurer shall
19 deposit the fee collected in the county working cash fund
20 under Section 6-27001 or Section 6-29002 of the Counties
21 Code, as the case may be, except as provided in an
22 administrative order of the Chief Judge of the circuit
23 court.
24 The Chief Judge of the circuit court of the county may
25 by administrative order establish a program for electronic
26 monitoring of offenders with regard to drug-related and

HB4314- 193 -LRB100 15650 RLC 30751 b
1 alcohol-related offenses, in which a vendor supplies and
2 monitors the operation of the electronic monitoring
3 device, and collects the fees on behalf of the county. The
4 program shall include provisions for indigent offenders
5 and the collection of unpaid fees. The program shall not
6 unduly burden the offender and shall be subject to review
7 by the Chief Judge.
8 The Chief Judge of the circuit court may suspend any
9 additional charges or fees for late payment, interest, or
10 damage to any device;
11 (14.3) The Chief Judge of the Judicial Circuit may
12 establish reasonable fees to be paid by a person receiving
13 pretrial services while under supervision of a pretrial
14 services agency, probation department, or court services
15 department. Reasonable fees may be charged for pretrial
16 services including, but not limited to, pretrial
17 supervision, diversion programs, electronic monitoring,
18 victim impact services, drug and alcohol testing, DNA
19 testing, GPS electronic monitoring, assessments and
20 evaluations related to domestic violence and other
21 victims, and victim mediation services. The person
22 receiving pretrial services may be ordered to pay all costs
23 incidental to pretrial services in accordance with his or
24 her ability to pay those costs;
25 (14.4) For persons charged with violating Section
26 11-501 of the Illinois Vehicle Code, refrain from operating

HB4314- 194 -LRB100 15650 RLC 30751 b
1 a motor vehicle not equipped with an ignition interlock
2 device, as defined in Section 1-129.1 of the Illinois
3 Vehicle Code, pursuant to the rules promulgated by the
4 Secretary of State for the installation of ignition
5 interlock devices. Under this condition the court may allow
6 a defendant who is not self-employed to operate a vehicle
7 owned by the defendant's employer that is not equipped with
8 an ignition interlock device in the course and scope of the
9 defendant's employment;
10 (15) Comply with the terms and conditions of an order
11 of protection issued by the court under the Illinois
12 Domestic Violence Act of 1986 or an order of protection
13 issued by the court of another state, tribe, or United
14 States territory;
15 (16) Under Section 110-6.5 comply with the conditions
16 of the drug testing program; and
17 (17) Such other reasonable conditions as the court may
18 impose.
19 (c) When a person is charged with an offense under Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, involving a victim who is a minor under
2318 years of age living in the same household with the defendant
24at the time of the offense, in granting bail or releasing the
25defendant on his own recognizance, the judge shall impose
26conditions to restrict the defendant's access to the victim

HB4314- 195 -LRB100 15650 RLC 30751 b
1which may include, but are not limited to conditions that he
2will:
3 1. Vacate the household.
4 2. Make payment of temporary support to his dependents.
5 3. Refrain from contact or communication with the child
6 victim, except as ordered by the court.
7 (d) When a person is charged with a criminal offense and
8the victim is a family or household member as defined in
9Article 112A, conditions shall be imposed at the time of the
10defendant's release on bond that restrict the defendant's
11access to the victim. Unless provided otherwise by the court,
12the restrictions shall include requirements that the defendant
13do the following:
14 (1) refrain from contact or communication with the
15 victim for a minimum period of 72 hours following the
16 defendant's release; and
17 (2) refrain from entering or remaining at the victim's
18 residence for a minimum period of 72 hours following the
19 defendant's release.
20 (e) Local law enforcement agencies shall develop
21standardized bond forms for use in cases involving family or
22household members as defined in Article 112A, including
23specific conditions of bond as provided in subsection (d).
24Failure of any law enforcement department to develop or use
25those forms shall in no way limit the applicability and
26enforcement of subsections (d) and (f).

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1 (f) If the defendant is admitted to bail after conviction
2the conditions of the bail bond shall be that he will, in
3addition to the conditions set forth in subsections (a) and (b)
4hereof:
5 (1) Duly prosecute his appeal;
6 (2) Appear at such time and place as the court may
7 direct;
8 (3) Not depart this State without leave of the court;
9 (4) Comply with such other reasonable conditions as the
10 court may impose; and
11 (5) If the judgment is affirmed or the cause reversed
12 and remanded for a new trial, forthwith surrender to the
13 officer from whose custody he was bailed.
14 (g) Upon a finding of guilty for any felony offense, the
15defendant shall physically surrender, at a time and place
16designated by the court, any and all firearms in his or her
17possession and his or her Firearm Owner's Identification Card
18as a condition of remaining on bond pending sentencing.
19(Source: P.A. 99-797, eff. 8-12-16.)
20 (725 ILCS 5/112A-11.1)
21 Sec. 112A-11.1. Procedure for determining whether certain
22misdemeanor crimes are crimes of domestic violence for purposes
23of federal law.
24 (a) When a defendant has been charged with a violation of
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

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1Criminal Code of 1961 or the Criminal Code of 2012, the State
2may, at arraignment or no later than 45 days after arraignment,
3for the purpose of notification to the Department of State
4Police Firearm Owner's Identification Card Office, serve on the
5defendant and file with the court a notice alleging that
6conviction of the offense would subject the defendant to the
7prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
8between the defendant and the alleged victim and the nature of
9the alleged offense.
10 (b) The notice shall include the name of the person alleged
11to be the victim of the crime and shall specify the nature of
12the alleged relationship as set forth in 18 U.S.C.
13921(a)(33)(A)(ii). It shall also specify the element of the
14charged offense which requires the use or attempted use of
15physical force, or the threatened use of a deadly weapon, as
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
17notice that the defendant is entitled to a hearing on the
18allegation contained in the notice and that if the allegation
19is sustained, that determination and conviction shall be
20reported to the Department of State Police Firearm Owner's
21Identification Card Office.
22 (c) After having been notified as provided in subsection
23(b) of this Section, the defendant may stipulate or admit,
24orally on the record or in writing, that conviction of the
25offense would subject the defendant to the prohibitions of 18
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

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1922(g)(9) shall be deemed established for purposes of Section
2112A-11.2. If the defendant denies the applicability of 18
3U.S.C. 922(g)(9) as alleged in the notice served by the State,
4or stands mute with respect to that allegation, then the State
5shall bear the burden to prove beyond a reasonable doubt that
6the offense is one to which the prohibitions of 18 U.S.C.
7922(g)(9) apply. The court may consider reliable hearsay
8evidence submitted by either party provided that it is relevant
9to the determination of the allegation. Facts previously proven
10at trial or elicited at the time of entry of a plea of guilty
11shall be deemed established beyond a reasonable doubt and shall
12not be relitigated. At the conclusion of the hearing, or upon a
13stipulation or admission, as applicable, the court shall make a
14specific written determination with respect to the allegation.
15(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
16 (725 ILCS 5/112A-11.2)
17 Sec. 112A-11.2. Notification to the Department of State
18Police Firearm Owner's Identification Card Office of
19determinations in certain misdemeanor cases. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, under
23Section 112A-11.1, to be subject to the prohibitions of 18
24U.S.C. 922(g)(9), the circuit court clerk shall include
25notification and a copy of the written determination in a

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1report of the conviction to the Department of State Police
2Firearm Owner's Identification Card Office to enable the office
3to report that determination to the Federal Bureau of
4Investigation and assist the Bureau in identifying persons
5prohibited from purchasing and possessing a firearm pursuant to
6the provisions of 18 U.S.C. 922.
7(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
8 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
9 Sec. 112A-14. Order of protection; remedies.
10 (a) (Blank).
11 (b) The court may order any of the remedies listed in this
12subsection. The remedies listed in this subsection shall be in
13addition to other civil or criminal remedies available to
14petitioner.
15 (1) Prohibition of abuse. Prohibit respondent's
16 harassment, interference with personal liberty,
17 intimidation of a dependent, physical abuse or willful
18 deprivation, as defined in this Article, if such abuse has
19 occurred or otherwise appears likely to occur if not
20 prohibited.
21 (2) Grant of exclusive possession of residence.
22 Prohibit respondent from entering or remaining in any
23 residence, household, or premises of the petitioner,
24 including one owned or leased by respondent, if petitioner
25 has a right to occupancy thereof. The grant of exclusive

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1 possession of the residence, household, or premises shall
2 not affect title to real property, nor shall the court be
3 limited by the standard set forth in Section 701 of the
4 Illinois Marriage and Dissolution of Marriage Act.
5 (A) Right to occupancy. A party has a right to
6 occupancy of a residence or household if it is solely
7 or jointly owned or leased by that party, that party's
8 spouse, a person with a legal duty to support that
9 party or a minor child in that party's care, or by any
10 person or entity other than the opposing party that
11 authorizes that party's occupancy (e.g., a domestic
12 violence shelter). Standards set forth in subparagraph
13 (B) shall not preclude equitable relief.
14 (B) Presumption of hardships. If petitioner and
15 respondent each has the right to occupancy of a
16 residence or household, the court shall balance (i) the
17 hardships to respondent and any minor child or
18 dependent adult in respondent's care resulting from
19 entry of this remedy with (ii) the hardships to
20 petitioner and any minor child or dependent adult in
21 petitioner's care resulting from continued exposure to
22 the risk of abuse (should petitioner remain at the
23 residence or household) or from loss of possession of
24 the residence or household (should petitioner leave to
25 avoid the risk of abuse). When determining the balance
26 of hardships, the court shall also take into account

HB4314- 201 -LRB100 15650 RLC 30751 b
1 the accessibility of the residence or household.
2 Hardships need not be balanced if respondent does not
3 have a right to occupancy.
4 The balance of hardships is presumed to favor
5 possession by petitioner unless the presumption is
6 rebutted by a preponderance of the evidence, showing
7 that the hardships to respondent substantially
8 outweigh the hardships to petitioner and any minor
9 child or dependent adult in petitioner's care. The
10 court, on the request of petitioner or on its own
11 motion, may order respondent to provide suitable,
12 accessible, alternate housing for petitioner instead
13 of excluding respondent from a mutual residence or
14 household.
15 (3) Stay away order and additional prohibitions. Order
16 respondent to stay away from petitioner or any other person
17 protected by the order of protection, or prohibit
18 respondent from entering or remaining present at
19 petitioner's school, place of employment, or other
20 specified places at times when petitioner is present, or
21 both, if reasonable, given the balance of hardships.
22 Hardships need not be balanced for the court to enter a
23 stay away order or prohibit entry if respondent has no
24 right to enter the premises.
25 (A) If an order of protection grants petitioner
26 exclusive possession of the residence, or prohibits

HB4314- 202 -LRB100 15650 RLC 30751 b
1 respondent from entering the residence, or orders
2 respondent to stay away from petitioner or other
3 protected persons, then the court may allow respondent
4 access to the residence to remove items of clothing and
5 personal adornment used exclusively by respondent,
6 medications, and other items as the court directs. The
7 right to access shall be exercised on only one occasion
8 as the court directs and in the presence of an
9 agreed-upon adult third party or law enforcement
10 officer.
11 (B) When the petitioner and the respondent attend
12 the same public, private, or non-public elementary,
13 middle, or high school, the court when issuing an order
14 of protection and providing relief shall consider the
15 severity of the act, any continuing physical danger or
16 emotional distress to the petitioner, the educational
17 rights guaranteed to the petitioner and respondent
18 under federal and State law, the availability of a
19 transfer of the respondent to another school, a change
20 of placement or a change of program of the respondent,
21 the expense, difficulty, and educational disruption
22 that would be caused by a transfer of the respondent to
23 another school, and any other relevant facts of the
24 case. The court may order that the respondent not
25 attend the public, private, or non-public elementary,
26 middle, or high school attended by the petitioner,

HB4314- 203 -LRB100 15650 RLC 30751 b
1 order that the respondent accept a change of placement
2 or change of program, as determined by the school
3 district or private or non-public school, or place
4 restrictions on the respondent's movements within the
5 school attended by the petitioner. The respondent
6 bears the burden of proving by a preponderance of the
7 evidence that a transfer, change of placement, or
8 change of program of the respondent is not available.
9 The respondent also bears the burden of production with
10 respect to the expense, difficulty, and educational
11 disruption that would be caused by a transfer of the
12 respondent to another school. A transfer, change of
13 placement, or change of program is not unavailable to
14 the respondent solely on the ground that the respondent
15 does not agree with the school district's or private or
16 non-public school's transfer, change of placement, or
17 change of program or solely on the ground that the
18 respondent fails or refuses to consent or otherwise
19 does not take an action required to effectuate a
20 transfer, change of placement, or change of program.
21 When a court orders a respondent to stay away from the
22 public, private, or non-public school attended by the
23 petitioner and the respondent requests a transfer to
24 another attendance center within the respondent's
25 school district or private or non-public school, the
26 school district or private or non-public school shall

HB4314- 204 -LRB100 15650 RLC 30751 b
1 have sole discretion to determine the attendance
2 center to which the respondent is transferred. If the
3 court order results in a transfer of the minor
4 respondent to another attendance center, a change in
5 the respondent's placement, or a change of the
6 respondent's program, the parents, guardian, or legal
7 custodian of the respondent is responsible for
8 transportation and other costs associated with the
9 transfer or change.
10 (C) The court may order the parents, guardian, or
11 legal custodian of a minor respondent to take certain
12 actions or to refrain from taking certain actions to
13 ensure that the respondent complies with the order. If
14 the court orders a transfer of the respondent to
15 another school, the parents, guardian, or legal
16 custodian of the respondent is responsible for
17 transportation and other costs associated with the
18 change of school by the respondent.
19 (4) Counseling. Require or recommend the respondent to
20 undergo counseling for a specified duration with a social
21 worker, psychologist, clinical psychologist, psychiatrist,
22 family service agency, alcohol or substance abuse program,
23 mental health center guidance counselor, agency providing
24 services to elders, program designed for domestic violence
25 abusers or any other guidance service the court deems
26 appropriate. The court may order the respondent in any

HB4314- 205 -LRB100 15650 RLC 30751 b
1 intimate partner relationship to report to an Illinois
2 Department of Human Services protocol approved partner
3 abuse intervention program for an assessment and to follow
4 all recommended treatment.
5 (5) Physical care and possession of the minor child. In
6 order to protect the minor child from abuse, neglect, or
7 unwarranted separation from the person who has been the
8 minor child's primary caretaker, or to otherwise protect
9 the well-being of the minor child, the court may do either
10 or both of the following: (i) grant petitioner physical
11 care or possession of the minor child, or both, or (ii)
12 order respondent to return a minor child to, or not remove
13 a minor child from, the physical care of a parent or person
14 in loco parentis.
15 If the respondent is charged with abuse (as defined in
16 Section 112A-3) of a minor child, there shall be a
17 rebuttable presumption that awarding physical care to
18 respondent would not be in the minor child's best interest.
19 (6) Temporary legal custody. Award temporary legal
20 custody to petitioner in accordance with this Section, the
21 Illinois Marriage and Dissolution of Marriage Act, the
22 Illinois Parentage Act of 2015, and this State's Uniform
23 Child-Custody Jurisdiction and Enforcement Act.
24 If the respondent is charged with abuse (as defined in
25 Section 112A-3) of a minor child, there shall be a
26 rebuttable presumption that awarding temporary legal

HB4314- 206 -LRB100 15650 RLC 30751 b
1 custody to respondent would not be in the child's best
2 interest.
3 (7) Visitation. Determine the visitation rights, if
4 any, of respondent in any case in which the court awards
5 physical care or temporary legal custody of a minor child
6 to petitioner. The court shall restrict or deny
7 respondent's visitation with a minor child if the court
8 finds that respondent has done or is likely to do any of
9 the following: (i) abuse or endanger the minor child during
10 visitation; (ii) use the visitation as an opportunity to
11 abuse or harass petitioner or petitioner's family or
12 household members; (iii) improperly conceal or detain the
13 minor child; or (iv) otherwise act in a manner that is not
14 in the best interests of the minor child. The court shall
15 not be limited by the standards set forth in Section 607.1
16 of the Illinois Marriage and Dissolution of Marriage Act.
17 If the court grants visitation, the order shall specify
18 dates and times for the visitation to take place or other
19 specific parameters or conditions that are appropriate. No
20 order for visitation shall refer merely to the term
21 "reasonable visitation".
22 Petitioner may deny respondent access to the minor
23 child if, when respondent arrives for visitation,
24 respondent is under the influence of drugs or alcohol and
25 constitutes a threat to the safety and well-being of
26 petitioner or petitioner's minor children or is behaving in

HB4314- 207 -LRB100 15650 RLC 30751 b
1 a violent or abusive manner.
2 If necessary to protect any member of petitioner's
3 family or household from future abuse, respondent shall be
4 prohibited from coming to petitioner's residence to meet
5 the minor child for visitation, and the parties shall
6 submit to the court their recommendations for reasonable
7 alternative arrangements for visitation. A person may be
8 approved to supervise visitation only after filing an
9 affidavit accepting that responsibility and acknowledging
10 accountability to the court.
11 (8) Removal or concealment of minor child. Prohibit
12 respondent from removing a minor child from the State or
13 concealing the child within the State.
14 (9) Order to appear. Order the respondent to appear in
15 court, alone or with a minor child, to prevent abuse,
16 neglect, removal or concealment of the child, to return the
17 child to the custody or care of the petitioner or to permit
18 any court-ordered interview or examination of the child or
19 the respondent.
20 (10) Possession of personal property. Grant petitioner
21 exclusive possession of personal property and, if
22 respondent has possession or control, direct respondent to
23 promptly make it available to petitioner, if:
24 (i) petitioner, but not respondent, owns the
25 property; or
26 (ii) the parties own the property jointly; sharing

HB4314- 208 -LRB100 15650 RLC 30751 b
1 it would risk abuse of petitioner by respondent or is
2 impracticable; and the balance of hardships favors
3 temporary possession by petitioner.
4 If petitioner's sole claim to ownership of the property
5 is that it is marital property, the court may award
6 petitioner temporary possession thereof under the
7 standards of subparagraph (ii) of this paragraph only if a
8 proper proceeding has been filed under the Illinois
9 Marriage and Dissolution of Marriage Act, as now or
10 hereafter amended.
11 No order under this provision shall affect title to
12 property.
13 (11) Protection of property. Forbid the respondent
14 from taking, transferring, encumbering, concealing,
15 damaging or otherwise disposing of any real or personal
16 property, except as explicitly authorized by the court, if:
17 (i) petitioner, but not respondent, owns the
18 property; or
19 (ii) the parties own the property jointly, and the
20 balance of hardships favors granting this remedy.
21 If petitioner's sole claim to ownership of the property
22 is that it is marital property, the court may grant
23 petitioner relief under subparagraph (ii) of this
24 paragraph only if a proper proceeding has been filed under
25 the Illinois Marriage and Dissolution of Marriage Act, as
26 now or hereafter amended.

HB4314- 209 -LRB100 15650 RLC 30751 b
1 The court may further prohibit respondent from
2 improperly using the financial or other resources of an
3 aged member of the family or household for the profit or
4 advantage of respondent or of any other person.
5 (11.5) Protection of animals. Grant the petitioner the
6 exclusive care, custody, or control of any animal owned,
7 possessed, leased, kept, or held by either the petitioner
8 or the respondent or a minor child residing in the
9 residence or household of either the petitioner or the
10 respondent and order the respondent to stay away from the
11 animal and forbid the respondent from taking,
12 transferring, encumbering, concealing, harming, or
13 otherwise disposing of the animal.
14 (12) Order for payment of support. Order respondent to
15 pay temporary support for the petitioner or any child in
16 the petitioner's care or custody, when the respondent has a
17 legal obligation to support that person, in accordance with
18 the Illinois Marriage and Dissolution of Marriage Act,
19 which shall govern, among other matters, the amount of
20 support, payment through the clerk and withholding of
21 income to secure payment. An order for child support may be
22 granted to a petitioner with lawful physical care or
23 custody of a child, or an order or agreement for physical
24 care or custody, prior to entry of an order for legal
25 custody. Such a support order shall expire upon entry of a
26 valid order granting legal custody to another, unless

HB4314- 210 -LRB100 15650 RLC 30751 b
1 otherwise provided in the custody order.
2 (13) Order for payment of losses. Order respondent to
3 pay petitioner for losses suffered as a direct result of
4 the abuse. Such losses shall include, but not be limited
5 to, medical expenses, lost earnings or other support,
6 repair or replacement of property damaged or taken,
7 reasonable attorney's fees, court costs and moving or other
8 travel expenses, including additional reasonable expenses
9 for temporary shelter and restaurant meals.
10 (i) Losses affecting family needs. If a party is
11 entitled to seek maintenance, child support or
12 property distribution from the other party under the
13 Illinois Marriage and Dissolution of Marriage Act, as
14 now or hereafter amended, the court may order
15 respondent to reimburse petitioner's actual losses, to
16 the extent that such reimbursement would be
17 "appropriate temporary relief", as authorized by
18 subsection (a)(3) of Section 501 of that Act.
19 (ii) Recovery of expenses. In the case of an
20 improper concealment or removal of a minor child, the
21 court may order respondent to pay the reasonable
22 expenses incurred or to be incurred in the search for
23 and recovery of the minor child, including, but not
24 limited to, legal fees, court costs, private
25 investigator fees, and travel costs.
26 (14) Prohibition of entry. Prohibit the respondent

HB4314- 211 -LRB100 15650 RLC 30751 b
1 from entering or remaining in the residence or household
2 while the respondent is under the influence of alcohol or
3 drugs and constitutes a threat to the safety and well-being
4 of the petitioner or the petitioner's children.
5 (14.5) Prohibition of firearm possession.
6 (A) A person who is subject to an existing order of
7 protection, issued under this Code may not lawfully
8 possess firearms, stun guns, or tasers weapons under
9 Section 8.2 of the Firearm Owners Identification Card
10 Act.
11 (B) Any firearms in the possession of the
12 respondent, except as provided in subparagraph (C) of
13 this paragraph (14.5), shall be ordered by the court to
14 be turned over to a person who is not prohibited under
15 State or federal law from possessing firearms with a
16 valid Firearm Owner's Identification Card for
17 safekeeping. The court shall issue an order that the
18 respondent's Firearm Owner's Identification Card be
19 turned over to the local law enforcement agency, which
20 in turn shall immediately mail the card to the
21 Department of State Police Firearm Owner's
22 Identification Card Office for safekeeping. The period
23 of safekeeping shall be for the duration of the order
24 of protection. The firearm or firearms and Firearm
25 Owner's Identification Card, if unexpired, shall at
26 the respondent's request be returned to the respondent

HB4314- 212 -LRB100 15650 RLC 30751 b
1 at expiration of the order of protection.
2 (C) If the respondent is a peace officer as defined
3 in Section 2-13 of the Criminal Code of 2012, the court
4 shall order that any firearms used by the respondent in
5 the performance of his or her duties as a peace officer
6 be surrendered to the chief law enforcement executive
7 of the agency in which the respondent is employed, who
8 shall retain the firearms for safekeeping for the
9 duration of the order of protection.
10 (D) Upon expiration of the period of safekeeping,
11 if the firearms or Firearm Owner's Identification Card
12 cannot be returned to respondent because respondent
13 cannot be located, fails to respond to requests to
14 retrieve the firearms, or is not lawfully eligible to
15 possess a firearm, upon petition from the local law
16 enforcement agency, the court may order the local law
17 enforcement agency to destroy the firearms, use the
18 firearms for training purposes, or for any other
19 application as deemed appropriate by the local law
20 enforcement agency; or that the firearms be turned over
21 to a third party who is lawfully eligible to possess
22 firearms, and who does not reside with respondent.
23 (15) Prohibition of access to records. If an order of
24 protection prohibits respondent from having contact with
25 the minor child, or if petitioner's address is omitted
26 under subsection (b) of Section 112A-5, or if necessary to

HB4314- 213 -LRB100 15650 RLC 30751 b
1 prevent abuse or wrongful removal or concealment of a minor
2 child, the order shall deny respondent access to, and
3 prohibit respondent from inspecting, obtaining, or
4 attempting to inspect or obtain, school or any other
5 records of the minor child who is in the care of
6 petitioner.
7 (16) Order for payment of shelter services. Order
8 respondent to reimburse a shelter providing temporary
9 housing and counseling services to the petitioner for the
10 cost of the services, as certified by the shelter and
11 deemed reasonable by the court.
12 (17) Order for injunctive relief. Enter injunctive
13 relief necessary or appropriate to prevent further abuse of
14 a family or household member or to effectuate one of the
15 granted remedies, if supported by the balance of hardships.
16 If the harm to be prevented by the injunction is abuse or
17 any other harm that one of the remedies listed in
18 paragraphs (1) through (16) of this subsection is designed
19 to prevent, no further evidence is necessary to establish
20 that the harm is an irreparable injury.
21 (18) Telephone services.
22 (A) Unless a condition described in subparagraph
23 (B) of this paragraph exists, the court may, upon
24 request by the petitioner, order a wireless telephone
25 service provider to transfer to the petitioner the
26 right to continue to use a telephone number or numbers

HB4314- 214 -LRB100 15650 RLC 30751 b
1 indicated by the petitioner and the financial
2 responsibility associated with the number or numbers,
3 as set forth in subparagraph (C) of this paragraph. For
4 purposes of this paragraph (18), the term "wireless
5 telephone service provider" means a provider of
6 commercial mobile service as defined in 47 U.S.C. 332.
7 The petitioner may request the transfer of each
8 telephone number that the petitioner, or a minor child
9 in his or her custody, uses. The clerk of the court
10 shall serve the order on the wireless telephone service
11 provider's agent for service of process provided to the
12 Illinois Commerce Commission. The order shall contain
13 all of the following:
14 (i) The name and billing telephone number of
15 the account holder including the name of the
16 wireless telephone service provider that serves
17 the account.
18 (ii) Each telephone number that will be
19 transferred.
20 (iii) A statement that the provider transfers
21 to the petitioner all financial responsibility for
22 and right to the use of any telephone number
23 transferred under this paragraph.
24 (B) A wireless telephone service provider shall
25 terminate the respondent's use of, and shall transfer
26 to the petitioner use of, the telephone number or

HB4314- 215 -LRB100 15650 RLC 30751 b
1 numbers indicated in subparagraph (A) of this
2 paragraph unless it notifies the petitioner, within 72
3 hours after it receives the order, that one of the
4 following applies:
5 (i) The account holder named in the order has
6 terminated the account.
7 (ii) A difference in network technology would
8 prevent or impair the functionality of a device on
9 a network if the transfer occurs.
10 (iii) The transfer would cause a geographic or
11 other limitation on network or service provision
12 to the petitioner.
13 (iv) Another technological or operational
14 issue would prevent or impair the use of the
15 telephone number if the transfer occurs.
16 (C) The petitioner assumes all financial
17 responsibility for and right to the use of any
18 telephone number transferred under this paragraph. In
19 this paragraph, "financial responsibility" includes
20 monthly service costs and costs associated with any
21 mobile device associated with the number.
22 (D) A wireless telephone service provider may
23 apply to the petitioner its routine and customary
24 requirements for establishing an account or
25 transferring a number, including requiring the
26 petitioner to provide proof of identification,

HB4314- 216 -LRB100 15650 RLC 30751 b
1 financial information, and customer preferences.
2 (E) Except for willful or wanton misconduct, a
3 wireless telephone service provider is immune from
4 civil liability for its actions taken in compliance
5 with a court order issued under this paragraph.
6 (F) All wireless service providers that provide
7 services to residential customers shall provide to the
8 Illinois Commerce Commission the name and address of an
9 agent for service of orders entered under this
10 paragraph (18). Any change in status of the registered
11 agent must be reported to the Illinois Commerce
12 Commission within 30 days of such change.
13 (G) The Illinois Commerce Commission shall
14 maintain the list of registered agents for service for
15 each wireless telephone service provider on the
16 Commission's website. The Commission may consult with
17 wireless telephone service providers and the Circuit
18 Court Clerks on the manner in which this information is
19 provided and displayed.
20 (c) Relevant factors; findings.
21 (1) In determining whether to grant a specific remedy,
22 other than payment of support, the court shall consider
23 relevant factors, including, but not limited to, the
24 following:
25 (i) the nature, frequency, severity, pattern and
26 consequences of the respondent's past abuse of the

HB4314- 217 -LRB100 15650 RLC 30751 b
1 petitioner or any family or household member,
2 including the concealment of his or her location in
3 order to evade service of process or notice, and the
4 likelihood of danger of future abuse to petitioner or
5 any member of petitioner's or respondent's family or
6 household; and
7 (ii) the danger that any minor child will be abused
8 or neglected or improperly removed from the
9 jurisdiction, improperly concealed within the State or
10 improperly separated from the child's primary
11 caretaker.
12 (2) In comparing relative hardships resulting to the
13 parties from loss of possession of the family home, the
14 court shall consider relevant factors, including, but not
15 limited to, the following:
16 (i) availability, accessibility, cost, safety,
17 adequacy, location and other characteristics of
18 alternate housing for each party and any minor child or
19 dependent adult in the party's care;
20 (ii) the effect on the party's employment; and
21 (iii) the effect on the relationship of the party,
22 and any minor child or dependent adult in the party's
23 care, to family, school, church and community.
24 (3) Subject to the exceptions set forth in paragraph
25 (4) of this subsection, the court shall make its findings
26 in an official record or in writing, and shall at a minimum

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1 set forth the following:
2 (i) That the court has considered the applicable
3 relevant factors described in paragraphs (1) and (2) of
4 this subsection.
5 (ii) Whether the conduct or actions of respondent,
6 unless prohibited, will likely cause irreparable harm
7 or continued abuse.
8 (iii) Whether it is necessary to grant the
9 requested relief in order to protect petitioner or
10 other alleged abused persons.
11 (4) (Blank).
12 (5) Never married parties. No rights or
13 responsibilities for a minor child born outside of marriage
14 attach to a putative father until a father and child
15 relationship has been established under the Illinois
16 Parentage Act of 1984 or under the Illinois Parentage Act
17 of 2015 on and after the effective date of that Act. Absent
18 such an adjudication, no putative father shall be granted
19 temporary custody of the minor child, visitation with the
20 minor child, or physical care and possession of the minor
21 child, nor shall an order of payment for support of the
22 minor child be entered.
23 (d) Balance of hardships; findings. If the court finds that
24the balance of hardships does not support the granting of a
25remedy governed by paragraph (2), (3), (10), (11), or (16) of
26subsection (b) of this Section, which may require such

HB4314- 219 -LRB100 15650 RLC 30751 b
1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will result
3in hardship to respondent that would substantially outweigh the
4hardship to petitioner from denial of the remedy. The findings
5shall be an official record or in writing.
6 (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8 (1) Respondent has cause for any use of force, unless
9 that cause satisfies the standards for justifiable use of
10 force provided by Article 7 of the Criminal Code of 2012;
11 (2) Respondent was voluntarily intoxicated;
12 (3) Petitioner acted in self-defense or defense of
13 another, provided that, if petitioner utilized force, such
14 force was justifiable under Article 7 of the Criminal Code
15 of 2012;
16 (4) Petitioner did not act in self-defense or defense
17 of another;
18 (5) Petitioner left the residence or household to avoid
19 further abuse by respondent;
20 (6) Petitioner did not leave the residence or household
21 to avoid further abuse by respondent;
22 (7) Conduct by any family or household member excused
23 the abuse by respondent, unless that same conduct would
24 have excused such abuse if the parties had not been family
25 or household members.
26(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;

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1100-388, eff. 1-1-18; revised 10-10-17.)
2 (725 ILCS 5/112A-14.7)
3 Sec. 112A-14.7. Stalking no contact order; remedies.
4 (a) The court may order any of the remedies listed in this
5Section. The remedies listed in this Section shall be in
6addition to other civil or criminal remedies available to
7petitioner. A stalking no contact order shall order one or more
8of the following:
9 (1) prohibit the respondent from threatening to commit
10 or committing stalking;
11 (2) order the respondent not to have any contact with
12 the petitioner or a third person specifically named by the
13 court;
14 (3) prohibit the respondent from knowingly coming
15 within, or knowingly remaining within a specified distance
16 of the petitioner or the petitioner's residence, school,
17 daycare, or place of employment, or any specified place
18 frequented by the petitioner; however, the court may order
19 the respondent to stay away from the respondent's own
20 residence, school, or place of employment only if the
21 respondent has been provided actual notice of the
22 opportunity to appear and be heard on the petition;
23 (4) prohibit the respondent from possessing a Firearm
24 Owners Identification Card, or possessing or buying
25 firearms; and

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

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

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1guardian, or legal custodian of the respondent are responsible
2for transportation and other costs associated with the change
3of school by the respondent.
4 (d) The court shall not hold a school district or private
5or non-public school or any of its employees in civil or
6criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8 (e) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Article for conduct of the minor respondent in violation
12of this Article if the parents, guardian, or legal custodian
13directed, encouraged, or assisted the respondent minor in the
14conduct.
15 (f) Monetary damages are not recoverable as a remedy.
16 (g) (Blank). If the stalking no contact order prohibits the
17respondent from possessing a Firearm Owner's Identification
18Card, or possessing or buying firearms; the court shall
19confiscate the respondent's Firearm Owner's Identification
20Card and immediately return the card to the Department of State
21Police Firearm Owner's Identification Card Office.
22(Source: P.A. 100-199, eff. 1-1-18.)
23 Section 95. The Unified Code of Corrections is amended by
24changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
25follows:

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1 (730 ILCS 5/5-4.5-110)
2 (Section scheduled to be repealed on January 1, 2023)
3 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
4PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5 (a) DEFINITIONS. For the purposes of this Section:
6 "Firearm" has the meaning ascribed to it in Section
7 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
8 Owners Identification Card Act.
9 "Qualifying predicate offense" means the following
10 offenses under the Criminal Code of 2012:
11 (A) aggravated unlawful use of a weapon under
12 Section 24-1.6 or similar offense under the Criminal
13 Code of 1961, when the weapon is a firearm;
14 (B) unlawful use or possession of a weapon by a
15 felon under Section 24-1.1 or similar offense under the
16 Criminal Code of 1961, when the weapon is a firearm;
17 (C) first degree murder under Section 9-1 or
18 similar offense under the Criminal Code of 1961;
19 (D) attempted first degree murder with a firearm or
20 similar offense under the Criminal Code of 1961;
21 (E) aggravated kidnapping with a firearm under
22 paragraph (6) or (7) of subsection (a) of Section 10-2
23 or similar offense under the Criminal Code of 1961;
24 (F) aggravated battery with a firearm under
25 subsection (e) of Section 12-3.05 or similar offense

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1 under the Criminal Code of 1961;
2 (G) aggravated criminal sexual assault under
3 Section 11-1.30 or similar offense under the Criminal
4 Code of 1961;
5 (H) predatory criminal sexual assault of a child
6 under Section 11-1.40 or similar offense under the
7 Criminal Code of 1961;
8 (I) armed robbery under Section 18-2 or similar
9 offense under the Criminal Code of 1961;
10 (J) vehicular hijacking under Section 18-3 or
11 similar offense under the Criminal Code of 1961;
12 (K) aggravated vehicular hijacking under Section
13 18-4 or similar offense under the Criminal Code of
14 1961;
15 (L) home invasion with a firearm under paragraph
16 (3), (4), or (5) of subsection (a) of Section 19-6 or
17 similar offense under the Criminal Code of 1961;
18 (M) aggravated discharge of a firearm under
19 Section 24-1.2 or similar offense under the Criminal
20 Code of 1961;
21 (N) aggravated discharge of a machine gun or a
22 firearm equipped with a device designed or used for
23 silencing the report of a firearm under Section
24 24-1.2-5 or similar offense under the Criminal Code of
25 1961;
26 (0) unlawful use of firearm projectiles under

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1 Section 24-2.1 or similar offense under the Criminal
2 Code of 1961;
3 (P) manufacture, sale, or transfer of bullets or
4 shells represented to be armor piercing bullets,
5 dragon's breath shotgun shells, bolo shells, or
6 flechette shells under Section 24-2.2 or similar
7 offense under the Criminal Code of 1961;
8 (Q) unlawful sale or delivery of firearms under
9 Section 24-3 or similar offense under the Criminal Code
10 of 1961;
11 (R) unlawful discharge of firearm projectiles
12 under Section 24-3.2 or similar offense under the
13 Criminal Code of 1961;
14 (S) unlawful sale or delivery of firearms on school
15 premises of any school under Section 24-3.3 or similar
16 offense under the Criminal Code of 1961;
17 (T) unlawful purchase of a firearm under Section
18 24-3.5 or similar offense under the Criminal Code of
19 1961;
20 (U) use of a stolen firearm in the commission of an
21 offense under Section 24-3.7 or similar offense under
22 the Criminal Code of 1961;
23 (V) possession of a stolen firearm under Section
24 24-3.8 or similar offense under the Criminal Code of
25 1961;
26 (W) aggravated possession of a stolen firearm

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1 under Section 24-3.9 or similar offense under the
2 Criminal Code of 1961;
3 (X) gunrunning under Section 24-3A or similar
4 offense under the Criminal Code of 1961;
5 (Y) defacing identification marks of firearms
6 under Section 24-5 or similar offense under the
7 Criminal Code of 1961; and
8 (Z) armed violence under Section 33A-2 or similar
9 offense under the Criminal Code of 1961.
10 (b) APPLICABILITY. For an offense committed on or after the
11effective date of this amendatory Act of the 100th General
12Assembly and before January 1, 2023, when a person is convicted
13of unlawful use or possession of a weapon by a felon, when the
14weapon is a firearm, or aggravated unlawful use of a weapon,
15when the weapon is a firearm, after being previously convicted
16of a qualifying predicate offense the person shall be subject
17to the sentencing guidelines under this Section.
18 (c) SENTENCING GUIDELINES.
19 (1) When a person is convicted of unlawful use or
20 possession of a weapon by a felon, when the weapon is a
21 firearm, and that person has been previously convicted of a
22 qualifying predicate offense, the person shall be
23 sentenced to a term of imprisonment within the sentencing
24 range of not less than 7 years and not more than 14 years,
25 unless the court finds that a departure from the sentencing
26 guidelines under this paragraph is warranted under

HB4314- 228 -LRB100 15650 RLC 30751 b
1 subsection (d) of this Section.
2 (2) When a person is convicted of aggravated unlawful
3 use of a weapon, when the weapon is a firearm, and that
4 person has been previously convicted of a qualifying
5 predicate offense, the person shall be sentenced to a term
6 of imprisonment within the sentencing range of not less
7 than 6 years and not more than 7 years, unless the court
8 finds that a departure from the sentencing guidelines under
9 this paragraph is warranted under subsection (d) of this
10 Section.
11 (3) The sentencing guidelines in paragraphs (1) and (2)
12 of this subsection (c) apply only to offenses committed on
13 and after the effective date of this amendatory Act of the
14 100th General Assembly and before January 1, 2023.
15 (d) DEPARTURE FROM SENTENCING GUIDELINES.
16 (1) At the sentencing hearing conducted under Section
17 5-4-1 of this Code, the court may depart from the
18 sentencing guidelines provided in subsection (c) of this
19 Section and impose a sentence otherwise authorized by law
20 for the offense if the court, after considering any factor
21 under paragraph (2) of this subsection (d) relevant to the
22 nature and circumstances of the crime and to the history
23 and character of the defendant, finds on the record
24 substantial and compelling justification that the sentence
25 within the sentencing guidelines would be unduly harsh and
26 that a sentence otherwise authorized by law would be

HB4314- 229 -LRB100 15650 RLC 30751 b
1 consistent with public safety and does not deprecate the
2 seriousness of the offense.
3 (2) In deciding whether to depart from the sentencing
4 guidelines under this paragraph, the court shall consider:
5 (A) the age, immaturity, or limited mental
6 capacity of the defendant at the time of commission of
7 the qualifying predicate or current offense, including
8 whether the defendant was suffering from a mental or
9 physical condition insufficient to constitute a
10 defense but significantly reduced the defendant's
11 culpability;
12 (B) the nature and circumstances of the qualifying
13 predicate offense;
14 (C) the time elapsed since the qualifying
15 predicate offense;
16 (D) the nature and circumstances of the current
17 offense;
18 (E) the defendant's prior criminal history;
19 (F) whether the defendant committed the qualifying
20 predicate or current offense under specific and
21 credible duress, coercion, threat, or compulsion;
22 (G) whether the defendant aided in the
23 apprehension of another felon or testified truthfully
24 on behalf of another prosecution of a felony; and
25 (H) whether departure is in the interest of the
26 person's rehabilitation, including employment or

HB4314- 230 -LRB100 15650 RLC 30751 b
1 educational or vocational training, after taking into
2 account any past rehabilitation efforts or
3 dispositions of probation or supervision, and the
4 defendant's cooperation or response to rehabilitation.
5 (3) When departing from the sentencing guidelines
6 under this Section, the court shall specify on the record,
7 the particular evidence, information, factor or factors,
8 or other reasons which led to the departure from the
9 sentencing guidelines. When departing from the sentencing
10 range in accordance with this subsection (d), the court
11 shall indicate on the sentencing order which departure
12 factor or factors outlined in paragraph (2) of this
13 subsection (d) led to the sentence imposed. The sentencing
14 order shall be filed with the clerk of the court and shall
15 be a public record.
16 (e) This Section is repealed on January 1, 2023.
17(Source: P.A. 100-3, eff. 1-1-18.)
18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
19 Sec. 5-5-3. Disposition.
20 (a) (Blank).
21 (b) (Blank).
22 (c) (1) (Blank).
23 (2) A period of probation, a term of periodic imprisonment
24or conditional discharge shall not be imposed for the following
25offenses. The court shall sentence the offender to not less

HB4314- 231 -LRB100 15650 RLC 30751 b
1than the minimum term of imprisonment set forth in this Code
2for the following offenses, and may order a fine or restitution
3or both in conjunction with such term of imprisonment:
4 (A) First degree murder where the death penalty is not
5 imposed.
6 (B) Attempted first degree murder.
7 (C) A Class X felony.
8 (D) A violation of Section 401.1 or 407 of the Illinois
9 Controlled Substances Act, or a violation of subdivision
10 (c)(1.5) of Section 401 of that Act which relates to more
11 than 5 grams of a substance containing fentanyl or an
12 analog thereof.
13 (D-5) A violation of subdivision (c)(1) of Section 401
14 of the Illinois Controlled Substances Act which relates to
15 3 or more grams of a substance containing heroin or an
16 analog thereof.
17 (E) (Blank).
18 (F) A Class 1 or greater felony if the offender had
19 been convicted of a Class 1 or greater felony, including
20 any state or federal conviction for an offense that
21 contained, at the time it was committed, the same elements
22 as an offense now (the date of the offense committed after
23 the prior Class 1 or greater felony) classified as a Class
24 1 or greater felony, within 10 years of the date on which
25 the offender committed the offense for which he or she is
26 being sentenced, except as otherwise provided in Section

HB4314- 232 -LRB100 15650 RLC 30751 b
1 40-10 of the Alcoholism and Other Drug Abuse and Dependency
2 Act.
3 (F-3) A Class 2 or greater felony sex offense or felony
4 firearm offense if the offender had been convicted of a
5 Class 2 or greater felony, including any state or federal
6 conviction for an offense that contained, at the time it
7 was committed, the same elements as an offense now (the
8 date of the offense committed after the prior Class 2 or
9 greater felony) classified as a Class 2 or greater felony,
10 within 10 years of the date on which the offender committed
11 the offense for which he or she is being sentenced, except
12 as otherwise provided in Section 40-10 of the Alcoholism
13 and Other Drug Abuse and Dependency Act.
14 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
15 the Criminal Code of 1961 or the Criminal Code of 2012 for
16 which imprisonment is prescribed in those Sections.
17 (G) Residential burglary, except as otherwise provided
18 in Section 40-10 of the Alcoholism and Other Drug Abuse and
19 Dependency Act.
20 (H) Criminal sexual assault.
21 (I) Aggravated battery of a senior citizen as described
22 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
23 of the Criminal Code of 1961 or the Criminal Code of 2012.
24 (J) A forcible felony if the offense was related to the
25 activities of an organized gang.
26 Before July 1, 1994, for the purposes of this

HB4314- 233 -LRB100 15650 RLC 30751 b
1 paragraph, "organized gang" means an association of 5 or
2 more persons, with an established hierarchy, that
3 encourages members of the association to perpetrate crimes
4 or provides support to the members of the association who
5 do commit crimes.
6 Beginning July 1, 1994, for the purposes of this
7 paragraph, "organized gang" has the meaning ascribed to it
8 in Section 10 of the Illinois Streetgang Terrorism Omnibus
9 Prevention Act.
10 (K) Vehicular hijacking.
11 (L) A second or subsequent conviction for the offense
12 of hate crime when the underlying offense upon which the
13 hate crime is based is felony aggravated assault or felony
14 mob action.
15 (M) A second or subsequent conviction for the offense
16 of institutional vandalism if the damage to the property
17 exceeds $300.
18 (N) (Blank). A Class 3 felony violation of paragraph
19 (1) of subsection (a) of Section 2 of the Firearm Owners
20 Identification Card Act.
21 (O) A violation of Section 12-6.1 or 12-6.5 of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 (P) A violation of paragraph (1), (2), (3), (4), (5),
24 or (7) of subsection (a) of Section 11-20.1 of the Criminal
25 Code of 1961 or the Criminal Code of 2012.
26 (Q) A violation of subsection (b) or (b-5) of Section

HB4314- 234 -LRB100 15650 RLC 30751 b
1 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
2 Code of 1961 or the Criminal Code of 2012.
3 (R) A violation of Section 24-3A of the Criminal Code
4 of 1961 or the Criminal Code of 2012.
5 (S) (Blank).
6 (T) (Blank).
7 (U) A second or subsequent violation of Section 6-303
8 of the Illinois Vehicle Code committed while his or her
9 driver's license, permit, or privilege was revoked because
10 of a violation of Section 9-3 of the Criminal Code of 1961
11 or the Criminal Code of 2012, relating to the offense of
12 reckless homicide, or a similar provision of a law of
13 another state.
14 (V) A violation of paragraph (4) of subsection (c) of
15 Section 11-20.1B or paragraph (4) of subsection (c) of
16 Section 11-20.3 of the Criminal Code of 1961, or paragraph
17 (6) of subsection (a) of Section 11-20.1 of the Criminal
18 Code of 2012 when the victim is under 13 years of age and
19 the defendant has previously been convicted under the laws
20 of this State or any other state of the offense of child
21 pornography, aggravated child pornography, aggravated
22 criminal sexual abuse, aggravated criminal sexual assault,
23 predatory criminal sexual assault of a child, or any of the
24 offenses formerly known as rape, deviate sexual assault,
25 indecent liberties with a child, or aggravated indecent
26 liberties with a child where the victim was under the age

HB4314- 235 -LRB100 15650 RLC 30751 b
1 of 18 years or an offense that is substantially equivalent
2 to those offenses.
3 (W) A violation of Section 24-3.5 of the Criminal Code
4 of 1961 or the Criminal Code of 2012.
5 (X) A violation of subsection (a) of Section 31-1a of
6 the Criminal Code of 1961 or the Criminal Code of 2012.
7 (Y) A conviction for unlawful possession of a firearm
8 by a street gang member when the firearm was loaded or
9 contained firearm ammunition.
10 (Z) A Class 1 felony committed while he or she was
11 serving a term of probation or conditional discharge for a
12 felony.
13 (AA) Theft of property exceeding $500,000 and not
14 exceeding $1,000,000 in value.
15 (BB) Laundering of criminally derived property of a
16 value exceeding $500,000.
17 (CC) Knowingly selling, offering for sale, holding for
18 sale, or using 2,000 or more counterfeit items or
19 counterfeit items having a retail value in the aggregate of
20 $500,000 or more.
21 (DD) A conviction for aggravated assault under
22 paragraph (6) of subsection (c) of Section 12-2 of the
23 Criminal Code of 1961 or the Criminal Code of 2012 if the
24 firearm is aimed toward the person against whom the firearm
25 is being used.
26 (EE) A conviction for a violation of paragraph (2) of

HB4314- 236 -LRB100 15650 RLC 30751 b
1 subsection (a) of Section 24-3B of the Criminal Code of
2 2012.
3 (3) (Blank).
4 (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8 (4.1) (Blank).
9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13 (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17 (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court, shall be imposed for a third or subsequent violation of
21Section 6-303 of the Illinois Vehicle Code.
22 (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25 (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

HB4314- 237 -LRB100 15650 RLC 30751 b
1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3 (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303 of
6the Illinois Vehicle Code, as provided in subsection (b-5) of
7that Section.
8 (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for a
12period of not less than 5 years from the date of his or her
13release from prison.
14 (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20 (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation of
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
24as provided in subsection (d-3.5) of that Section. The person's
25driving privileges shall be revoked for the remainder of his or
26her life.

HB4314- 238 -LRB100 15650 RLC 30751 b
1 (5) The court may sentence a corporation or unincorporated
2association convicted of any offense to:
3 (A) a period of conditional discharge;
4 (B) a fine;
5 (C) make restitution to the victim under Section 5-5-6
6 of this Code.
7 (5.1) In addition to any other penalties imposed, and
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14 (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit, or
18privileges suspended for at least 180 days but not more than 2
19years, if the violation resulted in injury to another person.
20 (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25 (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

HB4314- 239 -LRB100 15650 RLC 30751 b
1Code shall have his or her driver's license, permit, or
2privileges suspended for 3 months and until he or she has paid
3a reinstatement fee of $100.
4 (5.5) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code during a period in which his or her driver's license,
7permit, or privileges were suspended for a previous violation
8of that Section shall have his or her driver's license, permit,
9or privileges suspended for an additional 6 months after the
10expiration of the original 3-month suspension and until he or
11she has paid a reinstatement fee of $100.
12 (6) (Blank).
13 (7) (Blank).
14 (8) (Blank).
15 (9) A defendant convicted of a second or subsequent offense
16of ritualized abuse of a child may be sentenced to a term of
17natural life imprisonment.
18 (10) (Blank).
19 (11) The court shall impose a minimum fine of $1,000 for a
20first offense and $2,000 for a second or subsequent offense
21upon a person convicted of or placed on supervision for battery
22when the individual harmed was a sports official or coach at
23any level of competition and the act causing harm to the sports
24official or coach occurred within an athletic facility or
25within the immediate vicinity of the athletic facility at which
26the sports official or coach was an active participant of the

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

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

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

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

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

HB4314- 245 -LRB100 15650 RLC 30751 b
1taken to prevent transmission of the disease in the courtroom.
2 (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01 or

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

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

HB4314- 248 -LRB100 15650 RLC 30751 b
1expense, to pursue a course of study toward a high school
2diploma or passage of high school equivalency testing. The
3Prisoner Review Board shall revoke the mandatory supervised
4release of a defendant who wilfully fails to comply with this
5subsection (j-5) upon his or her release from confinement in a
6penal institution while serving a mandatory supervised release
7term; however, the inability of the defendant after making a
8good faith effort to obtain financial aid or pay for the
9educational training shall not be deemed a wilful failure to
10comply. The Prisoner Review Board shall recommit the defendant
11whose mandatory supervised release term has been revoked under
12this subsection (j-5) as provided in Section 3-3-9. This
13subsection (j-5) does not apply to a defendant who has a high
14school diploma or has successfully passed high school
15equivalency testing. This subsection (j-5) does not apply to a
16defendant who is determined by the court to be a person with a
17developmental disability or otherwise mentally incapable of
18completing the educational or vocational program.
19 (k) (Blank).
20 (l) (A) Except as provided in paragraph (C) of subsection
21(l), whenever a defendant, who is an alien as defined by the
22Immigration and Nationality Act, is convicted of any felony or
23misdemeanor offense, the court after sentencing the defendant
24may, upon motion of the State's Attorney, hold sentence in
25abeyance and remand the defendant to the custody of the
26Attorney General of the United States or his or her designated

HB4314- 249 -LRB100 15650 RLC 30751 b
1agent to be deported when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in
9this Chapter V.
10 (B) If the defendant has already been sentenced for a
11felony or misdemeanor offense, or has been placed on probation
12under Section 10 of the Cannabis Control Act, Section 410 of
13the Illinois Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act, the
15court may, upon motion of the State's Attorney to suspend the
16sentence imposed, commit the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who are
26subject to the provisions of paragraph (2) of subsection (a) of

HB4314- 250 -LRB100 15650 RLC 30751 b
1Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3sentenced under this Section returns to the jurisdiction of the
4United States, the defendant shall be recommitted to the
5custody of the county from which he or she was sentenced.
6Thereafter, the defendant shall be brought before the
7sentencing court, which may impose any sentence that was
8available under Section 5-5-3 at the time of initial
9sentencing. In addition, the defendant shall not be eligible
10for additional earned sentence credit as provided under Section
113-6-3.
12 (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person is an addict or alcoholic, as defined in
25the Alcoholism and Other Drug Abuse and Dependency Act, to a
26substance or alcohol abuse program licensed under that Act.

HB4314- 251 -LRB100 15650 RLC 30751 b
1 (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions of
5license renewal established by the Secretary of State.
6(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
799-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
81-1-18.)
9 (730 ILCS 5/5-5-3.2)
10 Sec. 5-5-3.2. Factors in aggravation and extended-term
11sentencing.
12 (a) The following factors shall be accorded weight in favor
13of imposing a term of imprisonment or may be considered by the
14court as reasons to impose a more severe sentence under Section
155-8-1 or Article 4.5 of Chapter V:
16 (1) the defendant's conduct caused or threatened
17 serious harm;
18 (2) the defendant received compensation for committing
19 the offense;
20 (3) the defendant has a history of prior delinquency or
21 criminal activity;
22 (4) the defendant, by the duties of his office or by
23 his position, was obliged to prevent the particular offense
24 committed or to bring the offenders committing it to
25 justice;

HB4314- 252 -LRB100 15650 RLC 30751 b
1 (5) the defendant held public office at the time of the
2 offense, and the offense related to the conduct of that
3 office;
4 (6) the defendant utilized his professional reputation
5 or position in the community to commit the offense, or to
6 afford him an easier means of committing it;
7 (7) the sentence is necessary to deter others from
8 committing the same crime;
9 (8) the defendant committed the offense against a
10 person 60 years of age or older or such person's property;
11 (9) the defendant committed the offense against a
12 person who has a physical disability or such person's
13 property;
14 (10) by reason of another individual's actual or
15 perceived race, color, creed, religion, ancestry, gender,
16 sexual orientation, physical or mental disability, or
17 national origin, the defendant committed the offense
18 against (i) the person or property of that individual; (ii)
19 the person or property of a person who has an association
20 with, is married to, or has a friendship with the other
21 individual; or (iii) the person or property of a relative
22 (by blood or marriage) of a person described in clause (i)
23 or (ii). For the purposes of this Section, "sexual
24 orientation" has the meaning ascribed to it in paragraph
25 (O-1) of Section 1-103 of the Illinois Human Rights Act;
26 (11) the offense took place in a place of worship or on

HB4314- 253 -LRB100 15650 RLC 30751 b
1 the grounds of a place of worship, immediately prior to,
2 during or immediately following worship services. For
3 purposes of this subparagraph, "place of worship" shall
4 mean any church, synagogue or other building, structure or
5 place used primarily for religious worship;
6 (12) the defendant was convicted of a felony committed
7 while he was released on bail or his own recognizance
8 pending trial for a prior felony and was convicted of such
9 prior felony, or the defendant was convicted of a felony
10 committed while he was serving a period of probation,
11 conditional discharge, or mandatory supervised release
12 under subsection (d) of Section 5-8-1 for a prior felony;
13 (13) the defendant committed or attempted to commit a
14 felony while he was wearing a bulletproof vest. For the
15 purposes of this paragraph (13), a bulletproof vest is any
16 device which is designed for the purpose of protecting the
17 wearer from bullets, shot or other lethal projectiles;
18 (14) the defendant held a position of trust or
19 supervision such as, but not limited to, family member as
20 defined in Section 11-0.1 of the Criminal Code of 2012,
21 teacher, scout leader, baby sitter, or day care worker, in
22 relation to a victim under 18 years of age, and the
23 defendant committed an offense in violation of Section
24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
25 11-14.4 except for an offense that involves keeping a place
26 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

HB4314- 254 -LRB100 15650 RLC 30751 b
1 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
2 or 12-16 of the Criminal Code of 1961 or the Criminal Code
3 of 2012 against that victim;
4 (15) the defendant committed an offense related to the
5 activities of an organized gang. For the purposes of this
6 factor, "organized gang" has the meaning ascribed to it in
7 Section 10 of the Streetgang Terrorism Omnibus Prevention
8 Act;
9 (16) the defendant committed an offense in violation of
10 one of the following Sections while in a school, regardless
11 of the time of day or time of year; on any conveyance
12 owned, leased, or contracted by a school to transport
13 students to or from school or a school related activity; on
14 the real property of a school; or on a public way within
15 1,000 feet of the real property comprising any school:
16 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
17 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
18 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
19 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20 18-2, or 33A-2, or Section 12-3.05 except for subdivision
21 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
22 Criminal Code of 2012;
23 (16.5) the defendant committed an offense in violation
24 of one of the following Sections while in a day care
25 center, regardless of the time of day or time of year; on
26 the real property of a day care center, regardless of the

HB4314- 255 -LRB100 15650 RLC 30751 b
1 time of day or time of year; or on a public way within
2 1,000 feet of the real property comprising any day care
3 center, regardless of the time of day or time of year:
4 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8 18-2, or 33A-2, or Section 12-3.05 except for subdivision
9 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
10 Criminal Code of 2012;
11 (17) the defendant committed the offense by reason of
12 any person's activity as a community policing volunteer or
13 to prevent any person from engaging in activity as a
14 community policing volunteer. For the purpose of this
15 Section, "community policing volunteer" has the meaning
16 ascribed to it in Section 2-3.5 of the Criminal Code of
17 2012;
18 (18) the defendant committed the offense in a nursing
19 home or on the real property comprising a nursing home. For
20 the purposes of this paragraph (18), "nursing home" means a
21 skilled nursing or intermediate long term care facility
22 that is subject to license by the Illinois Department of
23 Public Health under the Nursing Home Care Act, the
24 Specialized Mental Health Rehabilitation Act of 2013, the
25 ID/DD Community Care Act, or the MC/DD Act;
26 (19) the defendant was a federally licensed firearm

HB4314- 256 -LRB100 15650 RLC 30751 b
1 dealer and was previously convicted of a violation of
2 subsection (a) of Section 3 of the Firearm Owners
3 Identification Card Act before its repeal by this
4 amendatory Act of the 100th General Assembly and has now
5 committed either a felony violation of the Firearm Owners
6 Identification Card Act or an act of armed violence while
7 armed with a firearm;
8 (20) the defendant (i) committed the offense of
9 reckless homicide under Section 9-3 of the Criminal Code of
10 1961 or the Criminal Code of 2012 or the offense of driving
11 under the influence of alcohol, other drug or drugs,
12 intoxicating compound or compounds or any combination
13 thereof under Section 11-501 of the Illinois Vehicle Code
14 or a similar provision of a local ordinance and (ii) was
15 operating a motor vehicle in excess of 20 miles per hour
16 over the posted speed limit as provided in Article VI of
17 Chapter 11 of the Illinois Vehicle Code;
18 (21) the defendant (i) committed the offense of
19 reckless driving or aggravated reckless driving under
20 Section 11-503 of the Illinois Vehicle Code and (ii) was
21 operating a motor vehicle in excess of 20 miles per hour
22 over the posted speed limit as provided in Article VI of
23 Chapter 11 of the Illinois Vehicle Code;
24 (22) the defendant committed the offense against a
25 person that the defendant knew, or reasonably should have
26 known, was a member of the Armed Forces of the United

HB4314- 257 -LRB100 15650 RLC 30751 b
1 States serving on active duty. For purposes of this clause
2 (22), the term "Armed Forces" means any of the Armed Forces
3 of the United States, including a member of any reserve
4 component thereof or National Guard unit called to active
5 duty;
6 (23) the defendant committed the offense against a
7 person who was elderly or infirm or who was a person with a
8 disability by taking advantage of a family or fiduciary
9 relationship with the elderly or infirm person or person
10 with a disability;
11 (24) the defendant committed any offense under Section
12 11-20.1 of the Criminal Code of 1961 or the Criminal Code
13 of 2012 and possessed 100 or more images;
14 (25) the defendant committed the offense while the
15 defendant or the victim was in a train, bus, or other
16 vehicle used for public transportation;
17 (26) the defendant committed the offense of child
18 pornography or aggravated child pornography, specifically
19 including paragraph (1), (2), (3), (4), (5), or (7) of
20 subsection (a) of Section 11-20.1 of the Criminal Code of
21 1961 or the Criminal Code of 2012 where a child engaged in,
22 solicited for, depicted in, or posed in any act of sexual
23 penetration or bound, fettered, or subject to sadistic,
24 masochistic, or sadomasochistic abuse in a sexual context
25 and specifically including paragraph (1), (2), (3), (4),
26 (5), or (7) of subsection (a) of Section 11-20.1B or

HB4314- 258 -LRB100 15650 RLC 30751 b
1 Section 11-20.3 of the Criminal Code of 1961 where a child
2 engaged in, solicited for, depicted in, or posed in any act
3 of sexual penetration or bound, fettered, or subject to
4 sadistic, masochistic, or sadomasochistic abuse in a
5 sexual context;
6 (27) the defendant committed the offense of first
7 degree murder, assault, aggravated assault, battery,
8 aggravated battery, robbery, armed robbery, or aggravated
9 robbery against a person who was a veteran and the
10 defendant knew, or reasonably should have known, that the
11 person was a veteran performing duties as a representative
12 of a veterans' organization. For the purposes of this
13 paragraph (27), "veteran" means an Illinois resident who
14 has served as a member of the United States Armed Forces, a
15 member of the Illinois National Guard, or a member of the
16 United States Reserve Forces; and "veterans' organization"
17 means an organization comprised of members of which
18 substantially all are individuals who are veterans or
19 spouses, widows, or widowers of veterans, the primary
20 purpose of which is to promote the welfare of its members
21 and to provide assistance to the general public in such a
22 way as to confer a public benefit;
23 (28) the defendant committed the offense of assault,
24 aggravated assault, battery, aggravated battery, robbery,
25 armed robbery, or aggravated robbery against a person that
26 the defendant knew or reasonably should have known was a

HB4314- 259 -LRB100 15650 RLC 30751 b
1 letter carrier or postal worker while that person was
2 performing his or her duties delivering mail for the United
3 States Postal Service;
4 (29) the defendant committed the offense of criminal
5 sexual assault, aggravated criminal sexual assault,
6 criminal sexual abuse, or aggravated criminal sexual abuse
7 against a victim with an intellectual disability, and the
8 defendant holds a position of trust, authority, or
9 supervision in relation to the victim; or
10 (30) the defendant committed the offense of promoting
11 juvenile prostitution, patronizing a prostitute, or
12 patronizing a minor engaged in prostitution and at the time
13 of the commission of the offense knew that the prostitute
14 or minor engaged in prostitution was in the custody or
15 guardianship of the Department of Children and Family
16 Services.
17 For the purposes of this Section:
18 "School" is defined as a public or private elementary or
19secondary school, community college, college, or university.
20 "Day care center" means a public or private State certified
21and licensed day care center as defined in Section 2.09 of the
22Child Care Act of 1969 that displays a sign in plain view
23stating that the property is a day care center.
24 "Intellectual disability" means significantly subaverage
25intellectual functioning which exists concurrently with
26impairment in adaptive behavior.

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

HB4314- 261 -LRB100 15650 RLC 30751 b
1 offense involved any of the following types of specific
2 misconduct committed as part of a ceremony, rite,
3 initiation, observance, performance, practice or activity
4 of any actual or ostensible religious, fraternal, or social
5 group:
6 (i) the brutalizing or torturing of humans or
7 animals;
8 (ii) the theft of human corpses;
9 (iii) the kidnapping of humans;
10 (iv) the desecration of any cemetery, religious,
11 fraternal, business, governmental, educational, or
12 other building or property; or
13 (v) ritualized abuse of a child; or
14 (5) When a defendant is convicted of a felony other
15 than conspiracy and the court finds that the felony was
16 committed under an agreement with 2 or more other persons
17 to commit that offense and the defendant, with respect to
18 the other individuals, occupied a position of organizer,
19 supervisor, financier, or any other position of management
20 or leadership, and the court further finds that the felony
21 committed was related to or in furtherance of the criminal
22 activities of an organized gang or was motivated by the
23 defendant's leadership in an organized gang; or
24 (6) When a defendant is convicted of an offense
25 committed while using a firearm with a laser sight attached
26 to it. For purposes of this paragraph, "laser sight" has

HB4314- 262 -LRB100 15650 RLC 30751 b
1 the meaning ascribed to it in Section 26-7 of the Criminal
2 Code of 2012; or
3 (7) When a defendant who was at least 17 years of age
4 at the time of the commission of the offense is convicted
5 of a felony and has been previously adjudicated a
6 delinquent minor under the Juvenile Court Act of 1987 for
7 an act that if committed by an adult would be a Class X or
8 Class 1 felony when the conviction has occurred within 10
9 years after the previous adjudication, excluding time
10 spent in custody; or
11 (8) When a defendant commits any felony and the
12 defendant used, possessed, exercised control over, or
13 otherwise directed an animal to assault a law enforcement
14 officer engaged in the execution of his or her official
15 duties or in furtherance of the criminal activities of an
16 organized gang in which the defendant is engaged; or
17 (9) When a defendant commits any felony and the
18 defendant knowingly video or audio records the offense with
19 the intent to disseminate the recording.
20 (c) The following factors may be considered by the court as
21reasons to impose an extended term sentence under Section 5-8-2
22(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
23 (1) When a defendant is convicted of first degree
24 murder, after having been previously convicted in Illinois
25 of any offense listed under paragraph (c)(2) of Section
26 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred

HB4314- 263 -LRB100 15650 RLC 30751 b
1 within 10 years after the previous conviction, excluding
2 time spent in custody, and the charges are separately
3 brought and tried and arise out of different series of
4 acts.
5 (1.5) When a defendant is convicted of first degree
6 murder, after having been previously convicted of domestic
7 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
8 (720 ILCS 5/12-3.3) committed on the same victim or after
9 having been previously convicted of violation of an order
10 of protection (720 ILCS 5/12-30) in which the same victim
11 was the protected person.
12 (2) When a defendant is convicted of voluntary
13 manslaughter, second degree murder, involuntary
14 manslaughter, or reckless homicide in which the defendant
15 has been convicted of causing the death of more than one
16 individual.
17 (3) When a defendant is convicted of aggravated
18 criminal sexual assault or criminal sexual assault, when
19 there is a finding that aggravated criminal sexual assault
20 or criminal sexual assault was also committed on the same
21 victim by one or more other individuals, and the defendant
22 voluntarily participated in the crime with the knowledge of
23 the participation of the others in the crime, and the
24 commission of the crime was part of a single course of
25 conduct during which there was no substantial change in the
26 nature of the criminal objective.

HB4314- 264 -LRB100 15650 RLC 30751 b
1 (4) If the victim was under 18 years of age at the time
2 of the commission of the offense, when a defendant is
3 convicted of aggravated criminal sexual assault or
4 predatory criminal sexual assault of a child under
5 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
6 of Section 12-14.1 of the Criminal Code of 1961 or the
7 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8 (5) When a defendant is convicted of a felony violation
9 of Section 24-1 of the Criminal Code of 1961 or the
10 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
11 finding that the defendant is a member of an organized
12 gang.
13 (6) When a defendant was convicted of unlawful use of
14 weapons under Section 24-1 of the Criminal Code of 1961 or
15 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
16 a weapon that is not readily distinguishable as one of the
17 weapons enumerated in Section 24-1 of the Criminal Code of
18 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19 (7) When a defendant is convicted of an offense
20 involving the illegal manufacture of a controlled
21 substance under Section 401 of the Illinois Controlled
22 Substances Act (720 ILCS 570/401), the illegal manufacture
23 of methamphetamine under Section 25 of the Methamphetamine
24 Control and Community Protection Act (720 ILCS 646/25), or
25 the illegal possession of explosives and an emergency
26 response officer in the performance of his or her duties is

HB4314- 265 -LRB100 15650 RLC 30751 b
1 killed or injured at the scene of the offense while
2 responding to the emergency caused by the commission of the
3 offense. In this paragraph, "emergency" means a situation
4 in which a person's life, health, or safety is in jeopardy;
5 and "emergency response officer" means a peace officer,
6 community policing volunteer, fireman, emergency medical
7 technician-ambulance, emergency medical
8 technician-intermediate, emergency medical
9 technician-paramedic, ambulance driver, other medical
10 assistance or first aid personnel, or hospital emergency
11 room personnel.
12 (8) When the defendant is convicted of attempted mob
13 action, solicitation to commit mob action, or conspiracy to
14 commit mob action under Section 8-1, 8-2, or 8-4 of the
15 Criminal Code of 2012, where the criminal object is a
16 violation of Section 25-1 of the Criminal Code of 2012, and
17 an electronic communication is used in the commission of
18 the offense. For the purposes of this paragraph (8),
19 "electronic communication" shall have the meaning provided
20 in Section 26.5-0.1 of the Criminal Code of 2012.
21 (d) For the purposes of this Section, "organized gang" has
22the meaning ascribed to it in Section 10 of the Illinois
23Streetgang Terrorism Omnibus Prevention Act.
24 (e) The court may impose an extended term sentence under
25Article 4.5 of Chapter V upon an offender who has been
26convicted of a felony violation of Section 11-1.20, 11-1.30,

HB4314- 266 -LRB100 15650 RLC 30751 b
111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
3when the victim of the offense is under 18 years of age at the
4time of the commission of the offense and, during the
5commission of the offense, the victim was under the influence
6of alcohol, regardless of whether or not the alcohol was
7supplied by the offender; and the offender, at the time of the
8commission of the offense, knew or should have known that the
9victim had consumed alcohol.
10(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
11eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
12eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
1399-347, eff. 1-1-16; 99-642, eff. 7-28-16.)
14 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
15 Sec. 5-6-3. Conditions of probation and of conditional
16discharge.
17 (a) The conditions of probation and of conditional
18discharge shall be that the person:
19 (1) not violate any criminal statute of any
20 jurisdiction;
21 (2) report to or appear in person before such person or
22 agency as directed by the court;
23 (3) refrain from possessing a firearm or other
24 dangerous weapon where the offense is a felony or, if a
25 misdemeanor, the offense involved the intentional or

HB4314- 267 -LRB100 15650 RLC 30751 b
1 knowing infliction of bodily harm or threat of bodily harm;
2 (4) not leave the State without the consent of the
3 court or, in circumstances in which the reason for the
4 absence is of such an emergency nature that prior consent
5 by the court is not possible, without the prior
6 notification and approval of the person's probation
7 officer. Transfer of a person's probation or conditional
8 discharge supervision to another state is subject to
9 acceptance by the other state pursuant to the Interstate
10 Compact for Adult Offender Supervision;
11 (5) permit the probation officer to visit him at his
12 home or elsewhere to the extent necessary to discharge his
13 duties;
14 (6) perform no less than 30 hours of community service
15 and not more than 120 hours of community service, if
16 community service is available in the jurisdiction and is
17 funded and approved by the county board where the offense
18 was committed, where the offense was related to or in
19 furtherance of the criminal activities of an organized gang
20 and was motivated by the offender's membership in or
21 allegiance to an organized gang. The community service
22 shall include, but not be limited to, the cleanup and
23 repair of any damage caused by a violation of Section
24 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
25 2012 and similar damage to property located within the
26 municipality or county in which the violation occurred.

HB4314- 268 -LRB100 15650 RLC 30751 b
1 When possible and reasonable, the community service should
2 be performed in the offender's neighborhood. For purposes
3 of this Section, "organized gang" has the meaning ascribed
4 to it in Section 10 of the Illinois Streetgang Terrorism
5 Omnibus Prevention Act;
6 (7) if he or she is at least 17 years of age and has
7 been sentenced to probation or conditional discharge for a
8 misdemeanor or felony in a county of 3,000,000 or more
9 inhabitants and has not been previously convicted of a
10 misdemeanor or felony, may be required by the sentencing
11 court to attend educational courses designed to prepare the
12 defendant for a high school diploma and to work toward a
13 high school diploma or to work toward passing high school
14 equivalency testing or to work toward completing a
15 vocational training program approved by the court. The
16 person on probation or conditional discharge must attend a
17 public institution of education to obtain the educational
18 or vocational training required by this paragraph clause
19 (7). The court shall revoke the probation or conditional
20 discharge of a person who wilfully fails to comply with
21 this paragraph clause (7). The person on probation or
22 conditional discharge shall be required to pay for the cost
23 of the educational courses or high school equivalency
24 testing if a fee is charged for those courses or testing.
25 The court shall resentence the offender whose probation or
26 conditional discharge has been revoked as provided in

HB4314- 269 -LRB100 15650 RLC 30751 b
1 Section 5-6-4. This paragraph clause (7) does not apply to
2 a person who has a high school diploma or has successfully
3 passed high school equivalency testing. This paragraph
4 clause (7) does not apply to a person who is determined by
5 the court to be a person with a developmental disability or
6 otherwise mentally incapable of completing the educational
7 or vocational program;
8 (8) if convicted of possession of a substance
9 prohibited by the Cannabis Control Act, the Illinois
10 Controlled Substances Act, or the Methamphetamine Control
11 and Community Protection Act after a previous conviction or
12 disposition of supervision for possession of a substance
13 prohibited by the Cannabis Control Act or Illinois
14 Controlled Substances Act or after a sentence of probation
15 under Section 10 of the Cannabis Control Act, Section 410
16 of the Illinois Controlled Substances Act, or Section 70 of
17 the Methamphetamine Control and Community Protection Act
18 and upon a finding by the court that the person is
19 addicted, undergo treatment at a substance abuse program
20 approved by the court;
21 (8.5) if convicted of a felony sex offense as defined
22 in the Sex Offender Management Board Act, the person shall
23 undergo and successfully complete sex offender treatment
24 by a treatment provider approved by the Board and conducted
25 in conformance with the standards developed under the Sex
26 Offender Management Board Act;

HB4314- 270 -LRB100 15650 RLC 30751 b
1 (8.6) if convicted of a sex offense as defined in the
2 Sex Offender Management Board Act, refrain from residing at
3 the same address or in the same condominium unit or
4 apartment unit or in the same condominium complex or
5 apartment complex with another person he or she knows or
6 reasonably should know is a convicted sex offender or has
7 been placed on supervision for a sex offense; the
8 provisions of this paragraph do not apply to a person
9 convicted of a sex offense who is placed in a Department of
10 Corrections licensed transitional housing facility for sex
11 offenders;
12 (8.7) if convicted for an offense committed on or after
13 June 1, 2008 (the effective date of Public Act 95-464) that
14 would qualify the accused as a child sex offender as
15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
16 1961 or the Criminal Code of 2012, refrain from
17 communicating with or contacting, by means of the Internet,
18 a person who is not related to the accused and whom the
19 accused reasonably believes to be under 18 years of age;
20 for purposes of this paragraph (8.7), "Internet" has the
21 meaning ascribed to it in Section 16-0.1 of the Criminal
22 Code of 2012; and a person is not related to the accused if
23 the person is not: (i) the spouse, brother, or sister of
24 the accused; (ii) a descendant of the accused; (iii) a
25 first or second cousin of the accused; or (iv) a step-child
26 or adopted child of the accused;

HB4314- 271 -LRB100 15650 RLC 30751 b
1 (8.8) if convicted for an offense under Section 11-6,
2 11-9.1, 11-14.4 that involves soliciting for a juvenile
3 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4 of the Criminal Code of 1961 or the Criminal Code of 2012,
5 or any attempt to commit any of these offenses, committed
6 on or after June 1, 2009 (the effective date of Public Act
7 95-983):
8 (i) not access or use a computer or any other
9 device with Internet capability without the prior
10 written approval of the offender's probation officer,
11 except in connection with the offender's employment or
12 search for employment with the prior approval of the
13 offender's probation officer;
14 (ii) submit to periodic unannounced examinations
15 of the offender's computer or any other device with
16 Internet capability by the offender's probation
17 officer, a law enforcement officer, or assigned
18 computer or information technology specialist,
19 including the retrieval and copying of all data from
20 the computer or device and any internal or external
21 peripherals and removal of such information,
22 equipment, or device to conduct a more thorough
23 inspection;
24 (iii) submit to the installation on the offender's
25 computer or device with Internet capability, at the
26 offender's expense, of one or more hardware or software

HB4314- 272 -LRB100 15650 RLC 30751 b
1 systems to monitor the Internet use; and
2 (iv) submit to any other appropriate restrictions
3 concerning the offender's use of or access to a
4 computer or any other device with Internet capability
5 imposed by the offender's probation officer;
6 (8.9) if convicted of a sex offense as defined in the
7 Sex Offender Registration Act committed on or after January
8 1, 2010 (the effective date of Public Act 96-262), refrain
9 from accessing or using a social networking website as
10 defined in Section 17-0.5 of the Criminal Code of 2012;
11 (9) if convicted of a felony or of any misdemeanor
12 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
13 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
14 2012 that was determined, pursuant to Section 112A-11.1 of
15 the Code of Criminal Procedure of 1963, to trigger the
16 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
17 at a time and place designated by the court, his or her
18 Firearm Owner's Identification Card and any and all
19 firearms in his or her possession. The Court shall return
20 to the Department of State Police Firearm Owner's
21 Identification Card Office the person's Firearm Owner's
22 Identification Card;
23 (10) if convicted of a sex offense as defined in
24 subsection (a-5) of Section 3-1-2 of this Code, unless the
25 offender is a parent or guardian of the person under 18
26 years of age present in the home and no non-familial minors

HB4314- 273 -LRB100 15650 RLC 30751 b
1 are present, not participate in a holiday event involving
2 children under 18 years of age, such as distributing candy
3 or other items to children on Halloween, wearing a Santa
4 Claus costume on or preceding Christmas, being employed as
5 a department store Santa Claus, or wearing an Easter Bunny
6 costume on or preceding Easter;
7 (11) if convicted of a sex offense as defined in
8 Section 2 of the Sex Offender Registration Act committed on
9 or after January 1, 2010 (the effective date of Public Act
10 96-362) that requires the person to register as a sex
11 offender under that Act, may not knowingly use any computer
12 scrub software on any computer that the sex offender uses;
13 (12) if convicted of a violation of the Methamphetamine
14 Control and Community Protection Act, the Methamphetamine
15 Precursor Control Act, or a methamphetamine related
16 offense:
17 (A) prohibited from purchasing, possessing, or
18 having under his or her control any product containing
19 pseudoephedrine unless prescribed by a physician; and
20 (B) prohibited from purchasing, possessing, or
21 having under his or her control any product containing
22 ammonium nitrate; and
23 (13) if convicted of a hate crime involving the
24 protected class identified in subsection (a) of Section
25 12-7.1 of the Criminal Code of 2012 that gave rise to the
26 offense the offender committed, perform public or

HB4314- 274 -LRB100 15650 RLC 30751 b
1 community service of no less than 200 hours and enroll in
2 an educational program discouraging hate crimes that
3 includes racial, ethnic, and cultural sensitivity training
4 ordered by the court.
5 (b) The Court may in addition to other reasonable
6conditions relating to the nature of the offense or the
7rehabilitation of the defendant as determined for each
8defendant in the proper discretion of the Court require that
9the person:
10 (1) serve a term of periodic imprisonment under Article
11 7 for a period not to exceed that specified in paragraph
12 (d) of Section 5-7-1;
13 (2) pay a fine and costs;
14 (3) work or pursue a course of study or vocational
15 training;
16 (4) undergo medical, psychological or psychiatric
17 treatment; or treatment for drug addiction or alcoholism;
18 (5) attend or reside in a facility established for the
19 instruction or residence of defendants on probation;
20 (6) support his dependents;
21 (7) and in addition, if a minor:
22 (i) reside with his parents or in a foster home;
23 (ii) attend school;
24 (iii) attend a non-residential program for youth;
25 (iv) contribute to his own support at home or in a
26 foster home;

HB4314- 275 -LRB100 15650 RLC 30751 b
1 (v) with the consent of the superintendent of the
2 facility, attend an educational program at a facility
3 other than the school in which the offense was
4 committed if he or she is convicted of a crime of
5 violence as defined in Section 2 of the Crime Victims
6 Compensation Act committed in a school, on the real
7 property comprising a school, or within 1,000 feet of
8 the real property comprising a school;
9 (8) make restitution as provided in Section 5-5-6 of
10 this Code;
11 (9) perform some reasonable public or community
12 service;
13 (10) serve a term of home confinement. In addition to
14 any other applicable condition of probation or conditional
15 discharge, the conditions of home confinement shall be that
16 the offender:
17 (i) remain within the interior premises of the
18 place designated for his confinement during the hours
19 designated by the court;
20 (ii) admit any person or agent designated by the
21 court into the offender's place of confinement at any
22 time for purposes of verifying the offender's
23 compliance with the conditions of his confinement; and
24 (iii) if further deemed necessary by the court or
25 the Probation or Court Services Department, be placed
26 on an approved electronic monitoring device, subject

HB4314- 276 -LRB100 15650 RLC 30751 b
1 to Article 8A of Chapter V;
2 (iv) for persons convicted of any alcohol,
3 cannabis or controlled substance violation who are
4 placed on an approved monitoring device as a condition
5 of probation or conditional discharge, the court shall
6 impose a reasonable fee for each day of the use of the
7 device, as established by the county board in
8 subsection (g) of this Section, unless after
9 determining the inability of the offender to pay the
10 fee, the court assesses a lesser fee or no fee as the
11 case may be. This fee shall be imposed in addition to
12 the fees imposed under subsections (g) and (i) of this
13 Section. The fee shall be collected by the clerk of the
14 circuit court, except as provided in an administrative
15 order of the Chief Judge of the circuit court. The
16 clerk of the circuit court shall pay all monies
17 collected from this fee to the county treasurer for
18 deposit in the substance abuse services fund under
19 Section 5-1086.1 of the Counties Code, except as
20 provided in an administrative order of the Chief Judge
21 of the circuit court.
22 The Chief Judge of the circuit court of the county
23 may by administrative order establish a program for
24 electronic monitoring of offenders, in which a vendor
25 supplies and monitors the operation of the electronic
26 monitoring device, and collects the fees on behalf of

HB4314- 277 -LRB100 15650 RLC 30751 b
1 the county. The program shall include provisions for
2 indigent offenders and the collection of unpaid fees.
3 The program shall not unduly burden the offender and
4 shall be subject to review by the Chief Judge.
5 The Chief Judge of the circuit court may suspend
6 any additional charges or fees for late payment,
7 interest, or damage to any device; and
8 (v) for persons convicted of offenses other than
9 those referenced in clause (iv) above and who are
10 placed on an approved monitoring device as a condition
11 of probation or conditional discharge, the court shall
12 impose a reasonable fee for each day of the use of the
13 device, as established by the county board in
14 subsection (g) of this Section, unless after
15 determining the inability of the defendant to pay the
16 fee, the court assesses a lesser fee or no fee as the
17 case may be. This fee shall be imposed in addition to
18 the fees imposed under subsections (g) and (i) of this
19 Section. The fee shall be collected by the clerk of the
20 circuit court, except as provided in an administrative
21 order of the Chief Judge of the circuit court. The
22 clerk of the circuit court shall pay all monies
23 collected from this fee to the county treasurer who
24 shall use the monies collected to defray the costs of
25 corrections. The county treasurer shall deposit the
26 fee collected in the probation and court services fund.

HB4314- 278 -LRB100 15650 RLC 30751 b
1 The Chief Judge of the circuit court of the county may
2 by administrative order establish a program for
3 electronic monitoring of offenders, in which a vendor
4 supplies and monitors the operation of the electronic
5 monitoring device, and collects the fees on behalf of
6 the county. The program shall include provisions for
7 indigent offenders and the collection of unpaid fees.
8 The program shall not unduly burden the offender and
9 shall be subject to review by the Chief Judge.
10 The Chief Judge of the circuit court may suspend
11 any additional charges or fees for late payment,
12 interest, or damage to any device.
13 (11) comply with the terms and conditions of an order
14 of protection issued by the court pursuant to the Illinois
15 Domestic Violence Act of 1986, as now or hereafter amended,
16 or an order of protection issued by the court of another
17 state, tribe, or United States territory. A copy of the
18 order of protection shall be transmitted to the probation
19 officer or agency having responsibility for the case;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council Act
22 for any reasonable expenses incurred by the program on the
23 offender's case, not to exceed the maximum amount of the
24 fine authorized for the offense for which the defendant was
25 sentenced;
26 (13) contribute a reasonable sum of money, not to

HB4314- 279 -LRB100 15650 RLC 30751 b
1 exceed the maximum amount of the fine authorized for the
2 offense for which the defendant was sentenced, (i) to a
3 "local anti-crime program", as defined in Section 7 of the
4 Anti-Crime Advisory Council Act, or (ii) for offenses under
5 the jurisdiction of the Department of Natural Resources, to
6 the fund established by the Department of Natural Resources
7 for the purchase of evidence for investigation purposes and
8 to conduct investigations as outlined in Section 805-105 of
9 the Department of Natural Resources (Conservation) Law;
10 (14) refrain from entering into a designated
11 geographic area except upon such terms as the court finds
12 appropriate. Such terms may include consideration of the
13 purpose of the entry, the time of day, other persons
14 accompanying the defendant, and advance approval by a
15 probation officer, if the defendant has been placed on
16 probation or advance approval by the court, if the
17 defendant was placed on conditional discharge;
18 (15) refrain from having any contact, directly or
19 indirectly, with certain specified persons or particular
20 types of persons, including but not limited to members of
21 street gangs and drug users or dealers;
22 (16) refrain from having in his or her body the
23 presence of any illicit drug prohibited by the Cannabis
24 Control Act, the Illinois Controlled Substances Act, or the
25 Methamphetamine Control and Community Protection Act,
26 unless prescribed by a physician, and submit samples of his

HB4314- 280 -LRB100 15650 RLC 30751 b
1 or her blood or urine or both for tests to determine the
2 presence of any illicit drug;
3 (17) if convicted for an offense committed on or after
4 June 1, 2008 (the effective date of Public Act 95-464) that
5 would qualify the accused as a child sex offender as
6 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
7 1961 or the Criminal Code of 2012, refrain from
8 communicating with or contacting, by means of the Internet,
9 a person who is related to the accused and whom the accused
10 reasonably believes to be under 18 years of age; for
11 purposes of this paragraph (17), "Internet" has the meaning
12 ascribed to it in Section 16-0.1 of the Criminal Code of
13 2012; and a person is related to the accused if the person
14 is: (i) the spouse, brother, or sister of the accused; (ii)
15 a descendant of the accused; (iii) a first or second cousin
16 of the accused; or (iv) a step-child or adopted child of
17 the accused;
18 (18) if convicted for an offense committed on or after
19 June 1, 2009 (the effective date of Public Act 95-983) that
20 would qualify as a sex offense as defined in the Sex
21 Offender Registration Act:
22 (i) not access or use a computer or any other
23 device with Internet capability without the prior
24 written approval of the offender's probation officer,
25 except in connection with the offender's employment or
26 search for employment with the prior approval of the

HB4314- 281 -LRB100 15650 RLC 30751 b
1 offender's probation officer;
2 (ii) submit to periodic unannounced examinations
3 of the offender's computer or any other device with
4 Internet capability by the offender's probation
5 officer, a law enforcement officer, or assigned
6 computer or information technology specialist,
7 including the retrieval and copying of all data from
8 the computer or device and any internal or external
9 peripherals and removal of such information,
10 equipment, or device to conduct a more thorough
11 inspection;
12 (iii) submit to the installation on the offender's
13 computer or device with Internet capability, at the
14 subject's expense, of one or more hardware or software
15 systems to monitor the Internet use; and
16 (iv) submit to any other appropriate restrictions
17 concerning the offender's use of or access to a
18 computer or any other device with Internet capability
19 imposed by the offender's probation officer; and
20 (19) refrain from possessing a firearm or other
21 dangerous weapon where the offense is a misdemeanor that
22 did not involve the intentional or knowing infliction of
23 bodily harm or threat of bodily harm.
24 (c) The court may as a condition of probation or of
25conditional discharge require that a person under 18 years of
26age found guilty of any alcohol, cannabis or controlled

HB4314- 282 -LRB100 15650 RLC 30751 b
1substance violation, refrain from acquiring a driver's license
2during the period of probation or conditional discharge. If
3such person is in possession of a permit or license, the court
4may require that the minor refrain from driving or operating
5any motor vehicle during the period of probation or conditional
6discharge, except as may be necessary in the course of the
7minor's lawful employment.
8 (d) An offender sentenced to probation or to conditional
9discharge shall be given a certificate setting forth the
10conditions thereof.
11 (e) Except where the offender has committed a fourth or
12subsequent violation of subsection (c) of Section 6-303 of the
13Illinois Vehicle Code, the court shall not require as a
14condition of the sentence of probation or conditional discharge
15that the offender be committed to a period of imprisonment in
16excess of 6 months. This 6-month 6 month limit shall not
17include periods of confinement given pursuant to a sentence of
18county impact incarceration under Section 5-8-1.2.
19 Persons committed to imprisonment as a condition of
20probation or conditional discharge shall not be committed to
21the Department of Corrections.
22 (f) The court may combine a sentence of periodic
23imprisonment under Article 7 or a sentence to a county impact
24incarceration program under Article 8 with a sentence of
25probation or conditional discharge.
26 (g) An offender sentenced to probation or to conditional

HB4314- 283 -LRB100 15650 RLC 30751 b
1discharge and who during the term of either undergoes mandatory
2drug or alcohol testing, or both, or is assigned to be placed
3on an approved electronic monitoring device, shall be ordered
4to pay all costs incidental to such mandatory drug or alcohol
5testing, or both, and all costs incidental to such approved
6electronic monitoring in accordance with the defendant's
7ability to pay those costs. The county board with the
8concurrence of the Chief Judge of the judicial circuit in which
9the county is located shall establish reasonable fees for the
10cost of maintenance, testing, and incidental expenses related
11to the mandatory drug or alcohol testing, or both, and all
12costs incidental to approved electronic monitoring, involved
13in a successful probation program for the county. The
14concurrence of the Chief Judge shall be in the form of an
15administrative order. The fees shall be collected by the clerk
16of the circuit court, except as provided in an administrative
17order of the Chief Judge of the circuit court. The clerk of the
18circuit court shall pay all moneys collected from these fees to
19the county treasurer who shall use the moneys collected to
20defray the costs of drug testing, alcohol testing, and
21electronic monitoring. The county treasurer shall deposit the
22fees collected in the county working cash fund under Section
236-27001 or Section 6-29002 of the Counties Code, as the case
24may be. The Chief Judge of the circuit court of the county may
25by administrative order establish a program for electronic
26monitoring of offenders, in which a vendor supplies and

HB4314- 284 -LRB100 15650 RLC 30751 b
1monitors the operation of the electronic monitoring device, and
2collects the fees on behalf of the county. The program shall
3include provisions for indigent offenders and the collection of
4unpaid fees. The program shall not unduly burden the offender
5and shall be subject to review by the Chief Judge.
6 The Chief Judge of the circuit court may suspend any
7additional charges or fees for late payment, interest, or
8damage to any device.
9 (h) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers of
12jurisdiction are also authorized in the same manner. The court
13to which jurisdiction has been transferred shall have the same
14powers as the sentencing court. The probation department within
15the circuit to which jurisdiction has been transferred, or
16which has agreed to provide supervision, may impose probation
17fees upon receiving the transferred offender, as provided in
18subsection (i). For all transfer cases, as defined in Section
199b of the Probation and Probation Officers Act, the probation
20department from the original sentencing court shall retain all
21probation fees collected prior to the transfer. After the
22transfer, all probation fees shall be paid to the probation
23department within the circuit to which jurisdiction has been
24transferred.
25 (i) The court shall impose upon an offender sentenced to
26probation after January 1, 1989 or to conditional discharge

HB4314- 285 -LRB100 15650 RLC 30751 b
1after January 1, 1992 or to community service under the
2supervision of a probation or court services department after
3January 1, 2004, as a condition of such probation or
4conditional discharge or supervised community service, a fee of
5$50 for each month of probation or conditional discharge
6supervision or supervised community service ordered by the
7court, unless after determining the inability of the person
8sentenced to probation or conditional discharge or supervised
9community service to pay the fee, the court assesses a lesser
10fee. The court may not impose the fee on a minor who is placed
11in the guardianship or custody of the Department of Children
12and Family Services under the Juvenile Court Act of 1987 while
13the minor is in placement. The fee shall be imposed only upon
14an offender who is actively supervised by the probation and
15court services department. The fee shall be collected by the
16clerk of the circuit court. The clerk of the circuit court
17shall pay all monies collected from this fee to the county
18treasurer for deposit in the probation and court services fund
19under Section 15.1 of the Probation and Probation Officers Act.
20 A circuit court may not impose a probation fee under this
21subsection (i) in excess of $25 per month unless the circuit
22court has adopted, by administrative order issued by the chief
23judge, a standard probation fee guide determining an offender's
24ability to pay Of the amount collected as a probation fee, up
25to $5 of that fee collected per month may be used to provide
26services to crime victims and their families.

HB4314- 286 -LRB100 15650 RLC 30751 b
1 The Court may only waive probation fees based on an
2offender's ability to pay. The probation department may
3re-evaluate an offender's ability to pay every 6 months, and,
4with the approval of the Director of Court Services or the
5Chief Probation Officer, adjust the monthly fee amount. An
6offender may elect to pay probation fees due in a lump sum. Any
7offender that has been assigned to the supervision of a
8probation department, or has been transferred either under
9subsection (h) of this Section or under any interstate compact,
10shall be required to pay probation fees to the department
11supervising the offender, based on the offender's ability to
12pay.
13 Public Act 93-970 This amendatory Act of the 93rd General
14Assembly deletes the $10 increase in the fee under this
15subsection that was imposed by Public Act 93-616. This deletion
16is intended to control over any other Act of the 93rd General
17Assembly that retains or incorporates that fee increase.
18 (i-5) In addition to the fees imposed under subsection (i)
19of this Section, in the case of an offender convicted of a
20felony sex offense (as defined in the Sex Offender Management
21Board Act) or an offense that the court or probation department
22has determined to be sexually motivated (as defined in the Sex
23Offender Management Board Act), the court or the probation
24department shall assess additional fees to pay for all costs of
25treatment, assessment, evaluation for risk and treatment, and
26monitoring the offender, based on that offender's ability to

HB4314- 287 -LRB100 15650 RLC 30751 b
1pay those costs either as they occur or under a payment plan.
2 (j) All fines and costs imposed under this Section for any
3violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
4Code, or a similar provision of a local ordinance, and any
5violation of the Child Passenger Protection Act, or a similar
6provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under Section 27.5
8of the Clerks of Courts Act.
9 (k) Any offender who is sentenced to probation or
10conditional discharge for a felony sex offense as defined in
11the Sex Offender Management Board Act or any offense that the
12court or probation department has determined to be sexually
13motivated as defined in the Sex Offender Management Board Act
14shall be required to refrain from any contact, directly or
15indirectly, with any persons specified by the court and shall
16be available for all evaluations and treatment programs
17required by the court or the probation department.
18 (l) The court may order an offender who is sentenced to
19probation or conditional discharge for a violation of an order
20of protection be placed under electronic surveillance as
21provided in Section 5-8A-7 of this Code.
22(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
23100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
24 Section 100. The Stalking No Contact Order Act is amended
25by changing Section 80 as follows:

HB4314- 288 -LRB100 15650 RLC 30751 b
1 (740 ILCS 21/80)
2 Sec. 80. Stalking no contact orders; remedies.
3 (a) If the court finds that the petitioner has been a
4victim of stalking, a stalking no contact order shall issue;
5provided that the petitioner must also satisfy the requirements
6of Section 95 on emergency orders or Section 100 on plenary
7orders. The petitioner shall not be denied a stalking no
8contact order because the petitioner or the respondent is a
9minor. The court, when determining whether or not to issue a
10stalking no contact order, may not require physical injury on
11the person of the petitioner. Modification and extension of
12prior stalking no contact orders shall be in accordance with
13this Act.
14 (b) A stalking no contact order shall order one or more of
15the following:
16 (1) prohibit the respondent from threatening to commit
17 or committing stalking;
18 (2) order the respondent not to have any contact with
19 the petitioner or a third person specifically named by the
20 court;
21 (3) prohibit the respondent from knowingly coming
22 within, or knowingly remaining within a specified distance
23 of the petitioner or the petitioner's residence, school,
24 daycare, or place of employment, or any specified place
25 frequented by the petitioner; however, the court may order

HB4314- 289 -LRB100 15650 RLC 30751 b
1 the respondent to stay away from the respondent's own
2 residence, school, or place of employment only if the
3 respondent has been provided actual notice of the
4 opportunity to appear and be heard on the petition;
5 (4) prohibit the respondent from possessing a Firearm
6 Owners Identification Card, or possessing or buying
7 firearms; and
8 (5) order other injunctive relief the court determines
9 to be necessary to protect the petitioner or third party
10 specifically named by the court.
11 (b-5) When the petitioner and the respondent attend the
12same public, private, or non-public elementary, middle, or high
13school, the court when issuing a stalking no contact order and
14providing relief shall consider the severity of the act, any
15continuing physical danger or emotional distress to the
16petitioner, the educational rights guaranteed to the
17petitioner and respondent under federal and State law, the
18availability of a transfer of the respondent to another school,
19a change of placement or a change of program of the respondent,
20the expense, difficulty, and educational disruption that would
21be caused by a transfer of the respondent to another school,
22and any other relevant facts of the case. The court may order
23that the respondent not attend the public, private, or
24non-public elementary, middle, or high school attended by the
25petitioner, order that the respondent accept a change of
26placement or program, as determined by the school district or

HB4314- 290 -LRB100 15650 RLC 30751 b
1private or non-public school, or place restrictions on the
2respondent's movements within the school attended by the
3petitioner. The respondent bears the burden of proving by a
4preponderance of the evidence that a transfer, change of
5placement, or change of program of the respondent is not
6available. The respondent also bears the burden of production
7with respect to the expense, difficulty, and educational
8disruption that would be caused by a transfer of the respondent
9to another school. A transfer, change of placement, or change
10of program is not unavailable to the respondent solely on the
11ground that the respondent does not agree with the school
12district's or private or non-public school's transfer, change
13of placement, or change of program or solely on the ground that
14the respondent fails or refuses to consent to or otherwise does
15not take an action required to effectuate a transfer, change of
16placement, or change of program. When a court orders a
17respondent to stay away from the public, private, or non-public
18school attended by the petitioner and the respondent requests a
19transfer to another attendance center within the respondent's
20school district or private or non-public school, the school
21district or private or non-public school shall have sole
22discretion to determine the attendance center to which the
23respondent is transferred. In the event the court order results
24in a transfer of the minor respondent to another attendance
25center, a change in the respondent's placement, or a change of
26the respondent's program, the parents, guardian, or legal

HB4314- 291 -LRB100 15650 RLC 30751 b
1custodian of the respondent is responsible for transportation
2and other costs associated with the transfer or change.
3 (b-6) The court may order the parents, guardian, or legal
4custodian of a minor respondent to take certain actions or to
5refrain from taking certain actions to ensure that the
6respondent complies with the order. In the event the court
7orders a transfer of the respondent to another school, the
8parents, guardian, or legal custodian of the respondent are
9responsible for transportation and other costs associated with
10the change of school by the respondent.
11 (b-7) The court shall not hold a school district or private
12or non-public school or any of its employees in civil or
13criminal contempt unless the school district or private or
14non-public school has been allowed to intervene.
15 (b-8) The court may hold the parents, guardian, or legal
16custodian of a minor respondent in civil or criminal contempt
17for a violation of any provision of any order entered under
18this Act for conduct of the minor respondent in violation of
19this Act if the parents, guardian, or legal custodian directed,
20encouraged, or assisted the respondent minor in such conduct.
21 (c) The court may award the petitioner costs and attorneys
22fees if a stalking no contact order is granted.
23 (d) Monetary damages are not recoverable as a remedy.
24 (e) If the stalking no contact order prohibits the
25respondent from possessing a Firearm Owner's Identification
26Card, or possessing or buying firearms; the court shall

HB4314- 292 -LRB100 15650 RLC 30751 b
1confiscate the respondent's firearms Firearm Owner's
2Identification Card and immediately return the card to the
3Department of State Police Firearm Owner's Identification Card
4Office.
5(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
697-1131, eff. 1-1-13.)
7 Section 105. The Mental Health and Developmental
8Disabilities Confidentiality Act is amended by changing
9Section 12 as follows:
10 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
11 Sec. 12. (a) If the United States Secret Service or the
12Department of State Police requests information from a mental
13health or developmental disability facility, as defined in
14Section 1-107 and 1-114 of the Mental Health and Developmental
15Disabilities Code, relating to a specific recipient and the
16facility director determines that disclosure of such
17information may be necessary to protect the life of, or to
18prevent the infliction of great bodily harm to, a public
19official, or a person under the protection of the United States
20Secret Service, only the following information may be
21disclosed: the recipient's name, address, and age and the date
22of any admission to or discharge from a facility; and any
23information which would indicate whether or not the recipient
24has a history of violence or presents a danger of violence to

HB4314- 293 -LRB100 15650 RLC 30751 b
1the person under protection. Any information so disclosed shall
2be used for investigative purposes only and shall not be
3publicly disseminated. Any person participating in good faith
4in the disclosure of such information in accordance with this
5provision shall have immunity from any liability, civil,
6criminal or otherwise, if such information is disclosed relying
7upon the representation of an officer of the United States
8Secret Service or the Department of State Police that a person
9is under the protection of the United States Secret Service or
10is a public official.
11 For the purpose of this subsection (a), the term "public
12official" means the Governor, Lieutenant Governor, Attorney
13General, Secretary of State, State Comptroller, State
14Treasurer, member of the General Assembly, member of the United
15States Congress, Judge of the United States as defined in 28
16U.S.C. 451, Justice of the United States as defined in 28
17U.S.C. 451, United States Magistrate Judge as defined in 28
18U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
19Supreme, Appellate, Circuit, or Associate Judge of the State of
20Illinois. The term shall also include the spouse, child or
21children of a public official.
22 (b) The Department of Human Services (acting as successor
23to the Department of Mental Health and Developmental
24Disabilities) and all public or private hospitals and mental
25health facilities are required, as hereafter described in this
26subsection, to furnish the Department of State Police only such

HB4314- 294 -LRB100 15650 RLC 30751 b
1information as may be required for the sole purpose of
2determining whether an individual who may be or may have been a
3patient is disqualified because of that status from receiving
4or retaining a firearm under paragraph (4) of subsection (a) of
5Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
6Identification Card or falls within the federal prohibitors
7under subsection (e), (f), (g), (r), (s), or (t) of Section 8
8of the Firearm Owners Identification Card Act, or falls within
9the federal prohibitors in 18 U.S.C. 922(g) and (n). All
10physicians, clinical psychologists, or qualified examiners at
11public or private mental health facilities or parts thereof as
12defined in this subsection shall, in the form and manner
13required by the Department, provide notice directly to the
14Department of Human Services, or to his or her employer who
15shall then report to the Department, within 24 hours after
16determining that a person poses a clear and present danger to
17himself, herself, or others, or within 7 days after a person 14
18years or older is determined to be a person with a
19developmental disability by a physician, clinical
20psychologist, or qualified examiner as described in this
21subsection (b) Section 1.1 of the Firearm Owners Identification
22Card Act. If a person is a patient as described in clause
23(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1
24of the Firearm Owners Identification Card Act, this information
25shall be furnished within 7 days after admission to a public or
26private hospital or mental health facility or the provision of

HB4314- 295 -LRB100 15650 RLC 30751 b
1services. Any such information disclosed under this subsection
2shall remain privileged and confidential, and shall not be
3redisclosed, except as required by clause (e)(2) of Section
424-4.5 of the Criminal Code of 2012 subsection (e) of Section
53.1 of the Firearm Owners Identification Card Act, nor utilized
6for any other purpose. The method of requiring the providing of
7such information shall guarantee that no information is
8released beyond what is necessary for this purpose. In
9addition, the information disclosed shall be provided by the
10Department within the time period established by Section 24-3
11of the Criminal Code of 2012 regarding the delivery of
12firearms. The method used shall be sufficient to provide the
13necessary information within the prescribed time period, which
14may include periodically providing lists to the Department of
15Human Services or any public or private hospital or mental
16health facility of Firearm Owner's Identification Card
17applicants for firearm purchases on which the Department or
18hospital shall indicate the identities of those individuals who
19are to its knowledge disqualified from having a firearm Firearm
20Owner's Identification Card for reasons described herein. The
21Department may provide for a centralized source of information
22for the State on this subject under its jurisdiction. The
23identity of the person reporting under this subsection shall
24not be disclosed to the subject of the report. For the purposes
25of this subsection, the physician, clinical psychologist, or
26qualified examiner making the determination and his or her

HB4314- 296 -LRB100 15650 RLC 30751 b
1employer shall not be held criminally, civilly, or
2professionally liable for making or not making the notification
3required under this subsection, except for willful or wanton
4misconduct.
5 Any person, institution, or agency, under this Act,
6participating in good faith in the reporting or disclosure of
7records and communications otherwise in accordance with this
8provision or with rules, regulations or guidelines issued by
9the Department shall have immunity from any liability, civil,
10criminal or otherwise, that might result by reason of the
11action. For the purpose of any proceeding, civil or criminal,
12arising out of a report or disclosure in accordance with this
13provision, the good faith of any person, institution, or agency
14so reporting or disclosing shall be presumed. The full extent
15of the immunity provided in this subsection (b) shall apply to
16any person, institution or agency that fails to make a report
17or disclosure in the good faith belief that the report or
18disclosure would violate federal regulations governing the
19confidentiality of alcohol and drug abuse patient records
20implementing 42 U.S.C. 290dd-3 and 290ee-3.
21 For purposes of this subsection (b) only, the following
22terms shall have the meaning prescribed:
23 (1) (Blank).
24 (1.3) "Clear and present danger" has the meaning as
25 defined in Section 6-103.3 of the Mental Health and
26 Developmental Disabilities Code 1.1 of the Firearm Owners

HB4314- 297 -LRB100 15650 RLC 30751 b
1 Identification Card Act.
2 (1.5) "Person with a developmental disability" 6-103.3
3 of the Mental Health and Developmental Disabilities Code
4 has the meaning as defined in Section 1.1 of the Firearm
5 Owners Identification Card Act.
6 (2) "Patient" means (A) a person who voluntarily
7 receives mental health treatment as an in-patient or
8 resident of any public or private mental health facility,
9 unless the treatment was solely for an alcohol abuse
10 disorder and no other secondary substance abuse disorder or
11 mental illness; or (B) a person who voluntarily receives
12 mental health treatment as an out-patient or is provided
13 services by a public or private mental health facility, and
14 who poses a clear and present danger to himself, herself,
15 or to others has the meaning as defined in Section 1.1 of
16 the Firearm Owners Identification Card Act.
17 (3) "Mental health facility" means any licensed
18 private hospital or hospital affiliate, institution, or
19 facility, or part thereof, and any facility, or part
20 thereof, operated by the State or a political subdivision
21 thereof which provide treatment of persons with mental
22 illness and includes all hospitals, institutions, clinics,
23 evaluation facilities, mental health centers, colleges,
24 universities, long-term care facilities, and nursing
25 homes, or parts thereof, which provide treatment of persons
26 with mental illness whether or not the primary purpose is

HB4314- 298 -LRB100 15650 RLC 30751 b
1 to provide treatment of persons with mental illness has the
2 meaning as defined in Section 1.1 of the Firearm Owners
3 Identification Card Act.
4 (c) Upon the request of a peace officer who takes a person
5into custody and transports such person to a mental health or
6developmental disability facility pursuant to Section 3-606 or
74-404 of the Mental Health and Developmental Disabilities Code
8or who transports a person from such facility, a facility
9director shall furnish said peace officer the name, address,
10age and name of the nearest relative of the person transported
11to or from the mental health or developmental disability
12facility. In no case shall the facility director disclose to
13the peace officer any information relating to the diagnosis,
14treatment or evaluation of the person's mental or physical
15health.
16 For the purposes of this subsection (c), the terms "mental
17health or developmental disability facility", "peace officer"
18and "facility director" shall have the meanings ascribed to
19them in the Mental Health and Developmental Disabilities Code.
20 (d) Upon the request of a peace officer or prosecuting
21authority who is conducting a bona fide investigation of a
22criminal offense, or attempting to apprehend a fugitive from
23justice, a facility director may disclose whether a person is
24present at the facility. Upon request of a peace officer or
25prosecuting authority who has a valid forcible felony warrant
26issued, a facility director shall disclose: (1) whether the

HB4314- 299 -LRB100 15650 RLC 30751 b
1person who is the subject of the warrant is present at the
2facility and (2) the date of that person's discharge or future
3discharge from the facility. The requesting peace officer or
4prosecuting authority must furnish a case number and the
5purpose of the investigation or an outstanding arrest warrant
6at the time of the request. Any person, institution, or agency
7participating in good faith in disclosing such information in
8accordance with this subsection (d) is immune from any
9liability, civil, criminal or otherwise, that might result by
10reason of the action.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12eff. 7-27-15; 99-642, eff. 7-28-16.)
13 Section 110. The Illinois Domestic Violence Act of 1986 is
14amended by changing Sections 210 and 214 as follows:
15 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
16 Sec. 210. Process.
17 (a) Summons. Any action for an order of protection, whether
18commenced alone or in conjunction with another proceeding, is a
19distinct cause of action and requires that a separate summons
20be issued and served, except that in pending cases the
21following methods may be used:
22 (1) By delivery of the summons to respondent personally
23 in open court in pending civil or criminal cases.
24 (2) By notice in accordance with Section 210.1 in civil

HB4314- 300 -LRB100 15650 RLC 30751 b
1 cases in which the defendant has filed a general
2 appearance.
3 The summons shall be in the form prescribed by Supreme
4Court Rule 101(d), except that it shall require respondent to
5answer or appear within 7 days. Attachments to the summons or
6notice shall include the petition for order of protection and
7supporting affidavits, if any, and any emergency order of
8protection that has been issued. The enforcement of an order of
9protection under Section 223 shall not be affected by the lack
10of service, delivery, or notice, provided the requirements of
11subsection (d) of that Section are otherwise met.
12 (b) Blank.
13 (c) Expedited service. The summons shall be served by the
14sheriff or other law enforcement officer at the earliest time
15and shall take precedence over other summonses except those of
16a similar emergency nature. Special process servers may be
17appointed at any time, and their designation shall not affect
18the responsibilities and authority of the sheriff or other
19official process servers. In counties with a population over
203,000,000, a special process server may not be appointed if the
21order of protection grants the surrender of a child, the
22surrender of a firearm or firearm owners identification card,
23or the exclusive possession of a shared residence.
24 (d) Remedies requiring actual notice. The counseling,
25payment of support, payment of shelter services, and payment of
26losses remedies provided by paragraphs 4, 12, 13, and 16 of

HB4314- 301 -LRB100 15650 RLC 30751 b
1subsection (b) of Section 214 may be granted only if respondent
2has been personally served with process, has answered or has
3made a general appearance.
4 (e) Remedies upon constructive notice. Service of process
5on a member of respondent's household or by publication shall
6be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
76, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
8214, but only if: (i) petitioner has made all reasonable
9efforts to accomplish actual service of process personally upon
10respondent, but respondent cannot be found to effect such
11service and (ii) petitioner files an affidavit or presents
12sworn testimony as to those efforts.
13 (f) Default. A plenary order of protection may be entered
14by default as follows:
15 (1) For any of the remedies sought in the petition, if
16 respondent has been served or given notice in accordance
17 with subsection (a) and if respondent then fails to appear
18 as directed or fails to appear on any subsequent appearance
19 or hearing date agreed to by the parties or set by the
20 court; or
21 (2) For any of the remedies provided in accordance with
22 subsection (e), if respondent fails to answer or appear in
23 accordance with the date set in the publication notice or
24 the return date indicated on the service of a household
25 member.
26(Source: P.A. 99-240, eff. 1-1-16.)

HB4314- 302 -LRB100 15650 RLC 30751 b
1 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
2 Sec. 214. Order of protection; remedies.
3 (a) Issuance of order. If the court finds that petitioner
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused, neglected,
6or exploited, as defined in this Act, an order of protection
7prohibiting the abuse, neglect, or exploitation shall issue;
8provided that petitioner must also satisfy the requirements of
9one of the following Sections, as appropriate: Section 217 on
10emergency orders, Section 218 on interim orders, or Section 219
11on plenary orders. Petitioner shall not be denied an order of
12protection because petitioner or respondent is a minor. The
13court, when determining whether or not to issue an order of
14protection, shall not require physical manifestations of abuse
15on the person of the victim. Modification and extension of
16prior orders of protection shall be in accordance with this
17Act.
18 (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as appropriate:
21Section 217 on emergency orders, Section 218 on interim orders,
22and Section 219 on plenary orders. The remedies listed in this
23subsection shall be in addition to other civil or criminal
24remedies available to petitioner.
25 (1) Prohibition of abuse, neglect, or exploitation.

HB4314- 303 -LRB100 15650 RLC 30751 b
1 Prohibit respondent's harassment, interference with
2 personal liberty, intimidation of a dependent, physical
3 abuse, or willful deprivation, neglect or exploitation, as
4 defined in this Act, or stalking of the petitioner, as
5 defined in Section 12-7.3 of the Criminal Code of 2012, if
6 such abuse, neglect, exploitation, or stalking has
7 occurred or otherwise appears likely to occur if not
8 prohibited.
9 (2) Grant of exclusive possession of residence.
10 Prohibit respondent from entering or remaining in any
11 residence, household, or premises of the petitioner,
12 including one owned or leased by respondent, if petitioner
13 has a right to occupancy thereof. The grant of exclusive
14 possession of the residence, household, or premises shall
15 not affect title to real property, nor shall the court be
16 limited by the standard set forth in Section 701 of the
17 Illinois Marriage and Dissolution of Marriage Act.
18 (A) Right to occupancy. A party has a right to
19 occupancy of a residence or household if it is solely
20 or jointly owned or leased by that party, that party's
21 spouse, a person with a legal duty to support that
22 party or a minor child in that party's care, or by any
23 person or entity other than the opposing party that
24 authorizes that party's occupancy (e.g., a domestic
25 violence shelter). Standards set forth in subparagraph
26 (B) shall not preclude equitable relief.

HB4314- 304 -LRB100 15650 RLC 30751 b
1 (B) Presumption of hardships. If petitioner and
2 respondent each has the right to occupancy of a
3 residence or household, the court shall balance (i) the
4 hardships to respondent and any minor child or
5 dependent adult in respondent's care resulting from
6 entry of this remedy with (ii) the hardships to
7 petitioner and any minor child or dependent adult in
8 petitioner's care resulting from continued exposure to
9 the risk of abuse (should petitioner remain at the
10 residence or household) or from loss of possession of
11 the residence or household (should petitioner leave to
12 avoid the risk of abuse). When determining the balance
13 of hardships, the court shall also take into account
14 the accessibility of the residence or household.
15 Hardships need not be balanced if respondent does not
16 have a right to occupancy.
17 The balance of hardships is presumed to favor
18 possession by petitioner unless the presumption is
19 rebutted by a preponderance of the evidence, showing
20 that the hardships to respondent substantially
21 outweigh the hardships to petitioner and any minor
22 child or dependent adult in petitioner's care. The
23 court, on the request of petitioner or on its own
24 motion, may order respondent to provide suitable,
25 accessible, alternate housing for petitioner instead
26 of excluding respondent from a mutual residence or

HB4314- 305 -LRB100 15650 RLC 30751 b
1 household.
2 (3) Stay away order and additional prohibitions. Order
3 respondent to stay away from petitioner or any other person
4 protected by the order of protection, or prohibit
5 respondent from entering or remaining present at
6 petitioner's school, place of employment, or other
7 specified places at times when petitioner is present, or
8 both, if reasonable, given the balance of hardships.
9 Hardships need not be balanced for the court to enter a
10 stay away order or prohibit entry if respondent has no
11 right to enter the premises.
12 (A) If an order of protection grants petitioner
13 exclusive possession of the residence, or prohibits
14 respondent from entering the residence, or orders
15 respondent to stay away from petitioner or other
16 protected persons, then the court may allow respondent
17 access to the residence to remove items of clothing and
18 personal adornment used exclusively by respondent,
19 medications, and other items as the court directs. The
20 right to access shall be exercised on only one occasion
21 as the court directs and in the presence of an
22 agreed-upon adult third party or law enforcement
23 officer.
24 (B) When the petitioner and the respondent attend
25 the same public, private, or non-public elementary,
26 middle, or high school, the court when issuing an order

HB4314- 306 -LRB100 15650 RLC 30751 b
1 of protection and providing relief shall consider the
2 severity of the act, any continuing physical danger or
3 emotional distress to the petitioner, the educational
4 rights guaranteed to the petitioner and respondent
5 under federal and State law, the availability of a
6 transfer of the respondent to another school, a change
7 of placement or a change of program of the respondent,
8 the expense, difficulty, and educational disruption
9 that would be caused by a transfer of the respondent to
10 another school, and any other relevant facts of the
11 case. The court may order that the respondent not
12 attend the public, private, or non-public elementary,
13 middle, or high school attended by the petitioner,
14 order that the respondent accept a change of placement
15 or change of program, as determined by the school
16 district or private or non-public school, or place
17 restrictions on the respondent's movements within the
18 school attended by the petitioner. The respondent
19 bears the burden of proving by a preponderance of the
20 evidence that a transfer, change of placement, or
21 change of program of the respondent is not available.
22 The respondent also bears the burden of production with
23 respect to the expense, difficulty, and educational
24 disruption that would be caused by a transfer of the
25 respondent to another school. A transfer, change of
26 placement, or change of program is not unavailable to

HB4314- 307 -LRB100 15650 RLC 30751 b
1 the respondent solely on the ground that the respondent
2 does not agree with the school district's or private or
3 non-public school's transfer, change of placement, or
4 change of program or solely on the ground that the
5 respondent fails or refuses to consent or otherwise
6 does not take an action required to effectuate a
7 transfer, change of placement, or change of program.
8 When a court orders a respondent to stay away from the
9 public, private, or non-public school attended by the
10 petitioner and the respondent requests a transfer to
11 another attendance center within the respondent's
12 school district or private or non-public school, the
13 school district or private or non-public school shall
14 have sole discretion to determine the attendance
15 center to which the respondent is transferred. In the
16 event the court order results in a transfer of the
17 minor respondent to another attendance center, a
18 change in the respondent's placement, or a change of
19 the respondent's program, the parents, guardian, or
20 legal custodian of the respondent is responsible for
21 transportation and other costs associated with the
22 transfer or change.
23 (C) The court may order the parents, guardian, or
24 legal custodian of a minor respondent to take certain
25 actions or to refrain from taking certain actions to
26 ensure that the respondent complies with the order. In

HB4314- 308 -LRB100 15650 RLC 30751 b
1 the event the court orders a transfer of the respondent
2 to another school, the parents, guardian, or legal
3 custodian of the respondent is responsible for
4 transportation and other costs associated with the
5 change of school by the respondent.
6 (4) Counseling. Require or recommend the respondent to
7 undergo counseling for a specified duration with a social
8 worker, psychologist, clinical psychologist, psychiatrist,
9 family service agency, alcohol or substance abuse program,
10 mental health center guidance counselor, agency providing
11 services to elders, program designed for domestic violence
12 abusers or any other guidance service the court deems
13 appropriate. The Court may order the respondent in any
14 intimate partner relationship to report to an Illinois
15 Department of Human Services protocol approved partner
16 abuse intervention program for an assessment and to follow
17 all recommended treatment.
18 (5) Physical care and possession of the minor child. In
19 order to protect the minor child from abuse, neglect, or
20 unwarranted separation from the person who has been the
21 minor child's primary caretaker, or to otherwise protect
22 the well-being of the minor child, the court may do either
23 or both of the following: (i) grant petitioner physical
24 care or possession of the minor child, or both, or (ii)
25 order respondent to return a minor child to, or not remove
26 a minor child from, the physical care of a parent or person

HB4314- 309 -LRB100 15650 RLC 30751 b
1 in loco parentis.
2 If a court finds, after a hearing, that respondent has
3 committed abuse (as defined in Section 103) of a minor
4 child, there shall be a rebuttable presumption that
5 awarding physical care to respondent would not be in the
6 minor child's best interest.
7 (6) Temporary allocation of parental responsibilities:
8 significant decision-making. Award temporary
9 decision-making responsibility to petitioner in accordance
10 with this Section, the Illinois Marriage and Dissolution of
11 Marriage Act, the Illinois Parentage Act of 2015, and this
12 State's Uniform Child-Custody Jurisdiction and Enforcement
13 Act.
14 If a court finds, after a hearing, that respondent has
15 committed abuse (as defined in Section 103) of a minor
16 child, there shall be a rebuttable presumption that
17 awarding temporary significant decision-making
18 responsibility to respondent would not be in the child's
19 best interest.
20 (7) Parenting time. Determine the parenting time, if
21 any, of respondent in any case in which the court awards
22 physical care or allocates temporary significant
23 decision-making responsibility of a minor child to
24 petitioner. The court shall restrict or deny respondent's
25 parenting time with a minor child if the court finds that
26 respondent has done or is likely to do any of the

HB4314- 310 -LRB100 15650 RLC 30751 b
1 following: (i) abuse or endanger the minor child during
2 parenting time; (ii) use the parenting time as an
3 opportunity to abuse or harass petitioner or petitioner's
4 family or household members; (iii) improperly conceal or
5 detain the minor child; or (iv) otherwise act in a manner
6 that is not in the best interests of the minor child. The
7 court shall not be limited by the standards set forth in
8 Section 603.10 of the Illinois Marriage and Dissolution of
9 Marriage Act. If the court grants parenting time, the order
10 shall specify dates and times for the parenting time to
11 take place or other specific parameters or conditions that
12 are appropriate. No order for parenting time shall refer
13 merely to the term "reasonable parenting time".
14 Petitioner may deny respondent access to the minor
15 child if, when respondent arrives for parenting time,
16 respondent is under the influence of drugs or alcohol and
17 constitutes a threat to the safety and well-being of
18 petitioner or petitioner's minor children or is behaving in
19 a violent or abusive manner.
20 If necessary to protect any member of petitioner's
21 family or household from future abuse, respondent shall be
22 prohibited from coming to petitioner's residence to meet
23 the minor child for parenting time, and the parties shall
24 submit to the court their recommendations for reasonable
25 alternative arrangements for parenting time. A person may
26 be approved to supervise parenting time only after filing

HB4314- 311 -LRB100 15650 RLC 30751 b
1 an affidavit accepting that responsibility and
2 acknowledging accountability to the court.
3 (8) Removal or concealment of minor child. Prohibit
4 respondent from removing a minor child from the State or
5 concealing the child within the State.
6 (9) Order to appear. Order the respondent to appear in
7 court, alone or with a minor child, to prevent abuse,
8 neglect, removal or concealment of the child, to return the
9 child to the custody or care of the petitioner or to permit
10 any court-ordered interview or examination of the child or
11 the respondent.
12 (10) Possession of personal property. Grant petitioner
13 exclusive possession of personal property and, if
14 respondent has possession or control, direct respondent to
15 promptly make it available to petitioner, if:
16 (i) petitioner, but not respondent, owns the
17 property; or
18 (ii) the parties own the property jointly; sharing
19 it would risk abuse of petitioner by respondent or is
20 impracticable; and the balance of hardships favors
21 temporary possession by petitioner.
22 If petitioner's sole claim to ownership of the property
23 is that it is marital property, the court may award
24 petitioner temporary possession thereof under the
25 standards of subparagraph (ii) of this paragraph only if a
26 proper proceeding has been filed under the Illinois

HB4314- 312 -LRB100 15650 RLC 30751 b
1 Marriage and Dissolution of Marriage Act, as now or
2 hereafter amended.
3 No order under this provision shall affect title to
4 property.
5 (11) Protection of property. Forbid the respondent
6 from taking, transferring, encumbering, concealing,
7 damaging or otherwise disposing of any real or personal
8 property, except as explicitly authorized by the court, if:
9 (i) petitioner, but not respondent, owns the
10 property; or
11 (ii) the parties own the property jointly, and the
12 balance of hardships favors granting this remedy.
13 If petitioner's sole claim to ownership of the property
14 is that it is marital property, the court may grant
15 petitioner relief under subparagraph (ii) of this
16 paragraph only if a proper proceeding has been filed under
17 the Illinois Marriage and Dissolution of Marriage Act, as
18 now or hereafter amended.
19 The court may further prohibit respondent from
20 improperly using the financial or other resources of an
21 aged member of the family or household for the profit or
22 advantage of respondent or of any other person.
23 (11.5) Protection of animals. Grant the petitioner the
24 exclusive care, custody, or control of any animal owned,
25 possessed, leased, kept, or held by either the petitioner
26 or the respondent or a minor child residing in the

HB4314- 313 -LRB100 15650 RLC 30751 b
1 residence or household of either the petitioner or the
2 respondent and order the respondent to stay away from the
3 animal and forbid the respondent from taking,
4 transferring, encumbering, concealing, harming, or
5 otherwise disposing of the animal.
6 (12) Order for payment of support. Order respondent to
7 pay temporary support for the petitioner or any child in
8 the petitioner's care or over whom the petitioner has been
9 allocated parental responsibility, when the respondent has
10 a legal obligation to support that person, in accordance
11 with the Illinois Marriage and Dissolution of Marriage Act,
12 which shall govern, among other matters, the amount of
13 support, payment through the clerk and withholding of
14 income to secure payment. An order for child support may be
15 granted to a petitioner with lawful physical care of a
16 child, or an order or agreement for physical care of a
17 child, prior to entry of an order allocating significant
18 decision-making responsibility. Such a support order shall
19 expire upon entry of a valid order allocating parental
20 responsibility differently and vacating the petitioner's
21 significant decision-making authority, unless otherwise
22 provided in the order.
23 (13) Order for payment of losses. Order respondent to
24 pay petitioner for losses suffered as a direct result of
25 the abuse, neglect, or exploitation. Such losses shall
26 include, but not be limited to, medical expenses, lost

HB4314- 314 -LRB100 15650 RLC 30751 b
1 earnings or other support, repair or replacement of
2 property damaged or taken, reasonable attorney's fees,
3 court costs and moving or other travel expenses, including
4 additional reasonable expenses for temporary shelter and
5 restaurant meals.
6 (i) Losses affecting family needs. If a party is
7 entitled to seek maintenance, child support or
8 property distribution from the other party under the
9 Illinois Marriage and Dissolution of Marriage Act, as
10 now or hereafter amended, the court may order
11 respondent to reimburse petitioner's actual losses, to
12 the extent that such reimbursement would be
13 "appropriate temporary relief", as authorized by
14 subsection (a)(3) of Section 501 of that Act.
15 (ii) Recovery of expenses. In the case of an
16 improper concealment or removal of a minor child, the
17 court may order respondent to pay the reasonable
18 expenses incurred or to be incurred in the search for
19 and recovery of the minor child, including but not
20 limited to legal fees, court costs, private
21 investigator fees, and travel costs.
22 (14) Prohibition of entry. Prohibit the respondent
23 from entering or remaining in the residence or household
24 while the respondent is under the influence of alcohol or
25 drugs and constitutes a threat to the safety and well-being
26 of the petitioner or the petitioner's children.

HB4314- 315 -LRB100 15650 RLC 30751 b
1 (14.5) Prohibition of firearm possession.
2 (a) Prohibit a respondent against whom an order of
3 protection was issued from possessing any firearms
4 during the duration of the order if the order:
5 (1) was issued after a hearing of which such
6 person received actual notice, and at which such
7 person had an opportunity to participate;
8 (2) restrains such person from harassing,
9 stalking, or threatening an intimate partner of
10 such person or child of such intimate partner or
11 person, or engaging in other conduct that would
12 place an intimate partner in reasonable fear of
13 bodily injury to the partner or child; and
14 (3)(i) includes a finding that such person
15 represents a credible threat to the physical
16 safety of such intimate partner or child; or (ii)
17 by its terms explicitly prohibits the use,
18 attempted use, or threatened use of physical force
19 against such intimate partner or child that would
20 reasonably be expected to cause bodily injury.
21 Any Firearm Owner's Identification Card in the
22 possession of the respondent, except as provided in
23 subsection (b), shall be ordered by the court to be
24 turned over to the local law enforcement agency. The
25 local law enforcement agency shall immediately mail
26 the card to the Department of State Police Firearm

HB4314- 316 -LRB100 15650 RLC 30751 b
1 Owner's Identification Card Office for safekeeping.
2 The court shall issue a warrant for seizure of any
3 firearm in the possession of the respondent, to be kept
4 by the local law enforcement agency for safekeeping,
5 except as provided in subsection (b). The period of
6 safekeeping shall be for the duration of the order of
7 protection. The firearm or firearms and Firearm
8 Owner's Identification Card, if unexpired, shall, at
9 the respondent's request, be returned to the
10 respondent at the end of the order of protection. It is
11 the respondent's responsibility to notify the
12 Department of State Police Firearm Owner's
13 Identification Card Office.
14 (b) If the respondent is a peace officer as defined
15 in Section 2-13 of the Criminal Code of 2012, the court
16 shall order that any firearms used by the respondent in
17 the performance of his or her duties as a peace officer
18 be surrendered to the chief law enforcement executive
19 of the agency in which the respondent is employed, who
20 shall retain the firearms for safekeeping for the
21 duration of the order of protection.
22 (c) Upon expiration of the period of safekeeping,
23 if the firearms or Firearm Owner's Identification Card
24 cannot be returned to respondent because respondent
25 cannot be located, fails to respond to requests to
26 retrieve the firearms, or is not lawfully eligible to

HB4314- 317 -LRB100 15650 RLC 30751 b
1 possess a firearm, upon petition from the local law
2 enforcement agency, the court may order the local law
3 enforcement agency to destroy the firearms, use the
4 firearms for training purposes, or for any other
5 application as deemed appropriate by the local law
6 enforcement agency; or that the firearms be turned over
7 to a third party who is lawfully eligible to possess
8 firearms, and who does not reside with respondent.
9 (15) Prohibition of access to records. If an order of
10 protection prohibits respondent from having contact with
11 the minor child, or if petitioner's address is omitted
12 under subsection (b) of Section 203, or if necessary to
13 prevent abuse or wrongful removal or concealment of a minor
14 child, the order shall deny respondent access to, and
15 prohibit respondent from inspecting, obtaining, or
16 attempting to inspect or obtain, school or any other
17 records of the minor child who is in the care of
18 petitioner.
19 (16) Order for payment of shelter services. Order
20 respondent to reimburse a shelter providing temporary
21 housing and counseling services to the petitioner for the
22 cost of the services, as certified by the shelter and
23 deemed reasonable by the court.
24 (17) Order for injunctive relief. Enter injunctive
25 relief necessary or appropriate to prevent further abuse of
26 a family or household member or further abuse, neglect, or

HB4314- 318 -LRB100 15650 RLC 30751 b
1 exploitation of a high-risk adult with disabilities or to
2 effectuate one of the granted remedies, if supported by the
3 balance of hardships. If the harm to be prevented by the
4 injunction is abuse or any other harm that one of the
5 remedies listed in paragraphs (1) through (16) of this
6 subsection is designed to prevent, no further evidence is
7 necessary that the harm is an irreparable injury.
8 (18) Telephone services.
9 (A) Unless a condition described in subparagraph
10 (B) of this paragraph exists, the court may, upon
11 request by the petitioner, order a wireless telephone
12 service provider to transfer to the petitioner the
13 right to continue to use a telephone number or numbers
14 indicated by the petitioner and the financial
15 responsibility associated with the number or numbers,
16 as set forth in subparagraph (C) of this paragraph. For
17 purposes of this paragraph (18), the term "wireless
18 telephone service provider" means a provider of
19 commercial mobile service as defined in 47 U.S.C. 332.
20 The petitioner may request the transfer of each
21 telephone number that the petitioner, or a minor child
22 in his or her custody, uses. The clerk of the court
23 shall serve the order on the wireless telephone service
24 provider's agent for service of process provided to the
25 Illinois Commerce Commission. The order shall contain
26 all of the following:

HB4314- 319 -LRB100 15650 RLC 30751 b
1 (i) The name and billing telephone number of
2 the account holder including the name of the
3 wireless telephone service provider that serves
4 the account.
5 (ii) Each telephone number that will be
6 transferred.
7 (iii) A statement that the provider transfers
8 to the petitioner all financial responsibility for
9 and right to the use of any telephone number
10 transferred under this paragraph.
11 (B) A wireless telephone service provider shall
12 terminate the respondent's use of, and shall transfer
13 to the petitioner use of, the telephone number or
14 numbers indicated in subparagraph (A) of this
15 paragraph unless it notifies the petitioner, within 72
16 hours after it receives the order, that one of the
17 following applies:
18 (i) The account holder named in the order has
19 terminated the account.
20 (ii) A difference in network technology would
21 prevent or impair the functionality of a device on
22 a network if the transfer occurs.
23 (iii) The transfer would cause a geographic or
24 other limitation on network or service provision
25 to the petitioner.
26 (iv) Another technological or operational

HB4314- 320 -LRB100 15650 RLC 30751 b
1 issue would prevent or impair the use of the
2 telephone number if the transfer occurs.
3 (C) The petitioner assumes all financial
4 responsibility for and right to the use of any
5 telephone number transferred under this paragraph. In
6 this paragraph, "financial responsibility" includes
7 monthly service costs and costs associated with any
8 mobile device associated with the number.
9 (D) A wireless telephone service provider may
10 apply to the petitioner its routine and customary
11 requirements for establishing an account or
12 transferring a number, including requiring the
13 petitioner to provide proof of identification,
14 financial information, and customer preferences.
15 (E) Except for willful or wanton misconduct, a
16 wireless telephone service provider is immune from
17 civil liability for its actions taken in compliance
18 with a court order issued under this paragraph.
19 (F) All wireless service providers that provide
20 services to residential customers shall provide to the
21 Illinois Commerce Commission the name and address of an
22 agent for service of orders entered under this
23 paragraph (18). Any change in status of the registered
24 agent must be reported to the Illinois Commerce
25 Commission within 30 days of such change.
26 (G) The Illinois Commerce Commission shall

HB4314- 321 -LRB100 15650 RLC 30751 b
1 maintain the list of registered agents for service for
2 each wireless telephone service provider on the
3 Commission's website. The Commission may consult with
4 wireless telephone service providers and the Circuit
5 Court Clerks on the manner in which this information is
6 provided and displayed.
7 (c) Relevant factors; findings.
8 (1) In determining whether to grant a specific remedy,
9 other than payment of support, the court shall consider
10 relevant factors, including but not limited to the
11 following:
12 (i) the nature, frequency, severity, pattern and
13 consequences of the respondent's past abuse, neglect
14 or exploitation of the petitioner or any family or
15 household member, including the concealment of his or
16 her location in order to evade service of process or
17 notice, and the likelihood of danger of future abuse,
18 neglect, or exploitation to petitioner or any member of
19 petitioner's or respondent's family or household; and
20 (ii) the danger that any minor child will be abused
21 or neglected or improperly relocated from the
22 jurisdiction, improperly concealed within the State or
23 improperly separated from the child's primary
24 caretaker.
25 (2) In comparing relative hardships resulting to the
26 parties from loss of possession of the family home, the

HB4314- 322 -LRB100 15650 RLC 30751 b
1 court shall consider relevant factors, including but not
2 limited to the following:
3 (i) availability, accessibility, cost, safety,
4 adequacy, location and other characteristics of
5 alternate housing for each party and any minor child or
6 dependent adult in the party's care;
7 (ii) the effect on the party's employment; and
8 (iii) the effect on the relationship of the party,
9 and any minor child or dependent adult in the party's
10 care, to family, school, church and community.
11 (3) Subject to the exceptions set forth in paragraph
12 (4) of this subsection, the court shall make its findings
13 in an official record or in writing, and shall at a minimum
14 set forth the following:
15 (i) That the court has considered the applicable
16 relevant factors described in paragraphs (1) and (2) of
17 this subsection.
18 (ii) Whether the conduct or actions of respondent,
19 unless prohibited, will likely cause irreparable harm
20 or continued abuse.
21 (iii) Whether it is necessary to grant the
22 requested relief in order to protect petitioner or
23 other alleged abused persons.
24 (4) For purposes of issuing an ex parte emergency order
25 of protection, the court, as an alternative to or as a
26 supplement to making the findings described in paragraphs

HB4314- 323 -LRB100 15650 RLC 30751 b
1 (c)(3)(i) through (c)(3)(iii) of this subsection, may use
2 the following procedure:
3 When a verified petition for an emergency order of
4 protection in accordance with the requirements of Sections
5 203 and 217 is presented to the court, the court shall
6 examine petitioner on oath or affirmation. An emergency
7 order of protection shall be issued by the court if it
8 appears from the contents of the petition and the
9 examination of petitioner that the averments are
10 sufficient to indicate abuse by respondent and to support
11 the granting of relief under the issuance of the emergency
12 order of protection.
13 (5) Never married parties. No rights or
14 responsibilities for a minor child born outside of marriage
15 attach to a putative father until a father and child
16 relationship has been established under the Illinois
17 Parentage Act of 1984, the Illinois Parentage Act of 2015,
18 the Illinois Public Aid Code, Section 12 of the Vital
19 Records Act, the Juvenile Court Act of 1987, the Probate
20 Act of 1975 1985, the Revised Uniform Reciprocal
21 Enforcement of Support Act, the Uniform Interstate Family
22 Support Act, the Expedited Child Support Act of 1990, any
23 judicial, administrative, or other act of another state or
24 territory, any other Illinois statute, or by any foreign
25 nation establishing the father and child relationship, any
26 other proceeding substantially in conformity with the

HB4314- 324 -LRB100 15650 RLC 30751 b
1 Personal Responsibility and Work Opportunity
2 Reconciliation Act of 1996 (Pub. L. 104-193), or where both
3 parties appeared in open court or at an administrative
4 hearing acknowledging under oath or admitting by
5 affirmation the existence of a father and child
6 relationship. Absent such an adjudication, finding, or
7 acknowledgment acknowledgement, no putative father shall
8 be granted temporary allocation of parental
9 responsibilities, including parenting time with the minor
10 child, or physical care and possession of the minor child,
11 nor shall an order of payment for support of the minor
12 child be entered.
13 (d) Balance of hardships; findings. If the court finds that
14the balance of hardships does not support the granting of a
15remedy governed by paragraph (2), (3), (10), (11), or (16) of
16subsection (b) of this Section, which may require such
17balancing, the court's findings shall so indicate and shall
18include a finding as to whether granting the remedy will result
19in hardship to respondent that would substantially outweigh the
20hardship to petitioner from denial of the remedy. The findings
21shall be an official record or in writing.
22 (e) Denial of remedies. Denial of any remedy shall not be
23based, in whole or in part, on evidence that:
24 (1) Respondent has cause for any use of force, unless
25 that cause satisfies the standards for justifiable use of
26 force provided by Article 7 of the Criminal Code of 2012;

HB4314- 325 -LRB100 15650 RLC 30751 b
1 (2) Respondent was voluntarily intoxicated;
2 (3) Petitioner acted in self-defense or defense of
3 another, provided that, if petitioner utilized force, such
4 force was justifiable under Article 7 of the Criminal Code
5 of 2012;
6 (4) Petitioner did not act in self-defense or defense
7 of another;
8 (5) Petitioner left the residence or household to avoid
9 further abuse, neglect, or exploitation by respondent;
10 (6) Petitioner did not leave the residence or household
11 to avoid further abuse, neglect, or exploitation by
12 respondent;
13 (7) Conduct by any family or household member excused
14 the abuse, neglect, or exploitation by respondent, unless
15 that same conduct would have excused such abuse, neglect,
16 or exploitation if the parties had not been family or
17 household members.
18(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
19eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
20 Section 115. The Revised Uniform Unclaimed Property Act is
21amended by changing Section 15-705 as follows:
22 (765 ILCS 1026/15-705)
23 Sec. 15-705. Exceptions to the sale of tangible property.
24The administrator shall dispose of tangible property

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1identified by this Section in accordance with this Section.
2 (a) Military medals or decorations. The administrator may
3not sell a medal or decoration awarded for military service in
4the armed forces of the United States. Instead, the
5administrator, with the consent of the respective organization
6under paragraph (1), agency under paragraph (2), or entity
7under paragraph (3), may deliver a medal or decoration to be
8held in custody for the owner, to:
9 (1) a military veterans organization qualified under
10 Section 501(c)(19) of the Internal Revenue Code;
11 (2) the agency that awarded the medal or decoration; or
12 (3) a governmental entity.
13 After delivery, the administrator is not responsible for
14the safekeeping of the medal or decoration.
15 (b) Property with historical value. Property that the
16administrator reasonably believes may have historical value
17may be, at his or her discretion, loaned to an accredited
18museum in the United States where it will be kept until such
19time as the administrator orders it to be returned to his or
20her custody.
21 (c) Human remains. If human remains are delivered to the
22administrator under this Act, the administrator shall deliver
23those human remains to the coroner of the county in which the
24human remains were abandoned for disposition under Section
253-3034 of the Counties Code. The only human remains that may be
26delivered to the administrator under this Act and that the

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1administrator may receive are those that are reported and
2delivered as contents of a safe deposit box.
3 (d) Evidence in a criminal investigation. Property that may
4have been used in the commission of a crime or that may assist
5in the investigation of a crime, as determined after consulting
6with the Department of State Police, shall be delivered to the
7Department of State Police or other appropriate law enforcement
8authority to allow law enforcement to determine whether a
9criminal investigation should take place. Any such property
10delivered to a law enforcement authority shall be held in
11accordance with existing statutes and rules related to the
12gathering, retention, and release of evidence.
13 (e) Firearms.
14 (1) The administrator, in cooperation with the
15 Department of State Police, shall develop a procedure to
16 determine whether a firearm delivered to the administrator
17 under this Act has been stolen or used in the commission of
18 a crime. The Department of State Police shall determine the
19 appropriate disposition of a firearm that has been stolen
20 or used in the commission of a crime. The administrator
21 shall attempt to return a firearm that has not been stolen
22 or used in the commission of a crime to the rightful owner
23 if the Department of State Police determines that the owner
24 may lawfully possess the firearm.
25 (2) If the administrator is unable to return a firearm
26 to its owner, the administrator shall transfer custody of

HB4314- 328 -LRB100 15650 RLC 30751 b
1 the firearm to the Department of State Police. Legal title
2 to a firearm transferred to the Department of State Police
3 under this subsection (e) is vested in the Department of
4 State Police by operation of law if:
5 (i) the administrator cannot locate the owner of
6 the firearm;
7 (ii) the owner of the firearm may not lawfully
8 possess the firearm;
9 (iii) the apparent owner does not respond to notice
10 published under Section 15-503 of this Act; or
11 (iv) the apparent owner responds to notice
12 published under Section 15-502 and states that he or
13 she no longer claims an interest in the firearm.
14 (3) With respect to a firearm whose title is
15 transferred to the Department of State Police under this
16 subsection (e), the Department of State Police may:
17 (i) retain the firearm for use by the crime
18 laboratory system, for training purposes, or for any
19 other application as deemed appropriate by the
20 Department;
21 (ii) transfer the firearm to the Illinois State
22 Museum if the firearm has historical value; or
23 (iii) destroy the firearm if it is not retained
24 pursuant to subparagraph (i) or transferred pursuant
25 to subparagraph (ii).
26 As used in this subsection, "firearm" has the meaning

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1provided in Section 2-7.5 of the Criminal Code of 2012 the
2Firearm Owners Identification Card Act.
3(Source: P.A. 100-22, eff. 1-1-18.)
4 Section 995. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
11 Section 999. Effective date. This Act takes effect upon
12becoming law.

HB4314- 330 -LRB100 15650 RLC 30751 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-595
7 20 ILCS 2605/2605-120 rep.
8 20 ILCS 2630/2.2
9 30 ILCS 105/6z-99
10 50 ILCS 710/1from Ch. 85, par. 515
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15 225 ILCS 447/35-30
16 225 ILCS 447/35-35
17 405 ILCS 5/6-103.1
18 405 ILCS 5/6-103.2
19 405 ILCS 5/6-103.3
20 410 ILCS 45/2from Ch. 111 1/2, par. 1302
21 430 ILCS 65/Act rep.
22 430 ILCS 66/25
23 430 ILCS 66/30
24 430 ILCS 66/40
25 430 ILCS 66/70

HB4314- 331 -LRB100 15650 RLC 30751 b
1 430 ILCS 66/80
2 430 ILCS 66/105
3 520 ILCS 5/3.2from Ch. 61, par. 3.2
4 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5 705 ILCS 105/27.3a
6 720 ILCS 5/2-7.1
7 720 ILCS 5/2-7.5
8 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9 720 ILCS 5/16-0.1
10 720 ILCS 5/17-30was 720 ILCS 5/16C-2
11 720 ILCS 5/24-1from Ch. 38, par. 24-1
12 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13 720 ILCS 5/24-1.6
14 720 ILCS 5/24-1.8
15 720 ILCS 5/24-2
16 720 ILCS 5/24-3from Ch. 38, par. 24-3
17 720 ILCS 5/24-3B
18 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
19 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
20 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
21 720 ILCS 5/24-3.5
22 720 ILCS 5/24-4.1
23 720 ILCS 5/24-4.5 new
24 720 ILCS 5/24-9
25 720 ILCS 646/10
26 725 ILCS 5/110-10from Ch. 38, par. 110-10

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