102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3128

Introduced 1/11/2022, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.2-5`
`720 ILCS 5/24-2`
`720 ILCS 5/36-1`	`from Ch. 38, par. 36-1`
`725 ILCS 5/110-6.1`	`from Ch. 38, par. 110-6.1`

Amends the Criminal Code of 2012. Deletes provisions that prohibit the possession or use of any device or attachment of any kind designed,

used, or
intended for use in silencing the report of any firearm. Amends

the Code of Criminal Procedure of 1963 to make conforming changes.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 as follows:

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

7 Sec. 24-1. Unlawful use of weapons.

8 (a) A person commits the offense of unlawful use of

9 weapons when he knowingly:

10 (1) Sells, manufactures, purchases, possesses or

11 carries any bludgeon, black-jack, slung-shot, sand-club,

12 sand-bag, metal knuckles or other knuckle weapon

13 regardless of its composition, throwing star, or any

14 knife, commonly referred to as a switchblade knife, which

15 has a blade that opens automatically by hand pressure

16 applied to a button, spring or other device in the handle

17 of the knife, or a ballistic knife, which is a device that

18 propels a knifelike blade as a projectile by means of a

19 coil spring, elastic material or compressed gas; or

20 (2) Carries or possesses with intent to use the same

21 unlawfully against another, a dagger, dirk, billy,

22 dangerous knife, razor, stiletto, broken bottle or other

23 piece of glass, stun gun or taser or any other dangerous or

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1 deadly weapon or instrument of like character; or

2 (2.5) Carries or possesses with intent to use the same

3 unlawfully against another, any firearm in a church,

4 synagogue, mosque, or other building, structure, or place

5 used for religious worship; or

6 (3) Carries on or about his person or in any vehicle, a

7 tear gas gun projector or bomb or any object containing

8 noxious liquid gas or substance, other than an object

9 containing a non-lethal noxious liquid gas or substance

10 designed solely for personal defense carried by a person

11 18 years of age or older; or

12 (4) Carries or possesses in any vehicle or concealed

13 on or about his person except when on his land or in his

14 own abode, legal dwelling, or fixed place of business, or

15 on the land or in the legal dwelling of another person as

16 an invitee with that person's permission, any pistol,

17 revolver, stun gun or taser or other firearm, except that

18 this subsection (a) (4) does not apply to or affect

19 transportation of weapons that meet one of the following

20 conditions:

21 (i) are broken down in a non-functioning state; or

22 (ii) are not immediately accessible; or

23 (iii) are unloaded and enclosed in a case, firearm

24 carrying box, shipping box, or other container by a

25 person who has been issued a currently valid Firearm

26 Owner's Identification Card; or

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1 (iv) are carried or possessed in accordance with

2 the Firearm Concealed Carry Act by a person who has

3 been issued a currently valid license under the

4 Firearm Concealed Carry Act; or

5 (5) Sets a spring gun; or

6 (6) (Blank) ~~Possesses any device or attachment of any~~

7 ~~kind designed, used or intended for use in silencing the~~

8 ~~report of any firearm~~; or

9 (7) Sells, manufactures, purchases, possesses or

10 carries:

11 (i) a machine gun, which shall be defined for the

12 purposes of this subsection as any weapon, which

13 shoots, is designed to shoot, or can be readily

14 restored to shoot, automatically more than one shot

15 without manually reloading by a single function of the

16 trigger, including the frame or receiver of any such

17 weapon, or sells, manufactures, purchases, possesses,

18 or carries any combination of parts designed or

19 intended for use in converting any weapon into a

20 machine gun, or any combination or parts from which a

21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;

23 (ii) any rifle having one or more barrels less

24 than 16 inches in length or a shotgun having one or

25 more barrels less than 18 inches in length or any

26 weapon made from a rifle or shotgun, whether by

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1 alteration, modification, or otherwise, if such a

2 weapon as modified has an overall length of less than

3 26 inches; or

4 (iii) any bomb, bomb-shell, grenade, bottle or

5 other container containing an explosive substance of

6 over one-quarter ounce for like purposes, such as, but

7 not limited to, black powder bombs and Molotov

8 cocktails or artillery projectiles; or

9 (8) Carries or possesses any firearm, stun gun or

10 taser or other deadly weapon in any place which is

11 licensed to sell intoxicating beverages, or at any public

12 gathering held pursuant to a license issued by any

13 governmental body or any public gathering at which an

14 admission is charged, excluding a place where a showing,

15 demonstration or lecture involving the exhibition of

16 unloaded firearms is conducted.

17 This subsection (a)(8) does not apply to any auction

18 or raffle of a firearm held pursuant to a license or permit

19 issued by a governmental body, nor does it apply to

20 persons engaged in firearm safety training courses; or

21 (9) Carries or possesses in a vehicle or on or about

22 his or her person any pistol, revolver, stun gun or taser

23 or firearm or ballistic knife, when he or she is hooded,

24 robed or masked in such manner as to conceal his or her

25 identity; or

26 (10) Carries or possesses on or about his or her

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1 person, upon any public street, alley, or other public

2 lands within the corporate limits of a city, village, or

3 incorporated town, except when an invitee thereon or

4 therein, for the purpose of the display of such weapon or

5 the lawful commerce in weapons, or except when on his land

6 or in his or her own abode, legal dwelling, or fixed place

7 of business, or on the land or in the legal dwelling of

8 another person as an invitee with that person's

9 permission, any pistol, revolver, stun gun, or taser or

10 other firearm, except that this subsection (a) (10) does

11 not apply to or affect transportation of weapons that meet

12 one of the following conditions:

13 (i) are broken down in a non-functioning state; or

14 (ii) are not immediately accessible; or

15 (iii) are unloaded and enclosed in a case, firearm

16 carrying box, shipping box, or other container by a

17 person who has been issued a currently valid Firearm

18 Owner's Identification Card; or

19 (iv) are carried or possessed in accordance with

20 the Firearm Concealed Carry Act by a person who has

21 been issued a currently valid license under the

22 Firearm Concealed Carry Act.

23 A "stun gun or taser", as used in this paragraph (a)

24 means (i) any device which is powered by electrical

25 charging units, such as, batteries, and which fires one or

26 several barbs attached to a length of wire and which, upon

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1 hitting a human, can send out a current capable of

2 disrupting the person's nervous system in such a manner as

3 to render him incapable of normal functioning or (ii) any

4 device which is powered by electrical charging units, such

5 as batteries, and which, upon contact with a human or

6 clothing worn by a human, can send out current capable of

7 disrupting the person's nervous system in such a manner as

8 to render him incapable of normal functioning; or

9 (11) Sells, manufactures, or purchases any explosive

10 bullet. For purposes of this paragraph (a) "explosive

11 bullet" means the projectile portion of an ammunition

12 cartridge which contains or carries an explosive charge

13 which will explode upon contact with the flesh of a human

14 or an animal. "Cartridge" means a tubular metal case

15 having a projectile affixed at the front thereof and a cap

16 or primer at the rear end thereof, with the propellant

17 contained in such tube between the projectile and the cap;

18 or

19 (12) (Blank); or

20 (13) Carries or possesses on or about his or her

21 person while in a building occupied by a unit of

22 government, a billy club, other weapon of like character,

23 or other instrument of like character intended for use as

24 a weapon. For the purposes of this Section, "billy club"

25 means a short stick or club commonly carried by police

26 officers which is either telescopic or constructed of a

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1 solid piece of wood or other man-made material.

2 (b) Sentence. A person convicted of a violation of

3 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

4 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

5 Class A misdemeanor. A person convicted of a violation of

6 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;

7 a person convicted of a violation of subsection~~24-1(a)(6) or~~

8 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

9 convicted of a violation of subsection 24-1(a)(7)(i) commits a

10 Class 2 felony and shall be sentenced to a term of imprisonment

11 of not less than 3 years and not more than 7 years, unless the

12 weapon is possessed in the passenger compartment of a motor

13 vehicle as defined in Section 1-146 of the Illinois Vehicle

14 Code, or on the person, while the weapon is loaded, in which

15 case it shall be a Class X felony. A person convicted of a

16 second or subsequent violation of subsection 24-1(a)(4),

17 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

18 felony. A person convicted of a violation of subsection

19 24-1(a)(2.5) commits a Class 2 felony. The possession of each

20 weapon in violation of this Section constitutes a single and

21 separate violation.

22 (c) Violations in specific places.

23 (1) A person who violates subsection ~~24-1(a)(6) or~~

24 24-1(a)(7) in any school, regardless of the time of day or

25 the time of year, in residential property owned, operated

26 or managed by a public housing agency or leased by a public

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1 housing agency as part of a scattered site or mixed-income

2 development, in a public park, in a courthouse, on the

3 real property comprising any school, regardless of the

4 time of day or the time of year, on residential property

5 owned, operated or managed by a public housing agency or

6 leased by a public housing agency as part of a scattered

7 site or mixed-income development, on the real property

8 comprising any public park, on the real property

9 comprising any courthouse, in any conveyance owned, leased

10 or contracted by a school to transport students to or from

11 school or a school related activity, in any conveyance

12 owned, leased, or contracted by a public transportation

13 agency, or on any public way within 1,000 feet of the real

14 property comprising any school, public park, courthouse,

15 public transportation facility, or residential property

16 owned, operated, or managed by a public housing agency or

17 leased by a public housing agency as part of a scattered

18 site or mixed-income development commits a Class 2 felony

19 and shall be sentenced to a term of imprisonment of not

20 less than 3 years and not more than 7 years.

21 (1.5) A person who violates subsection 24-1(a)(4),

22 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

23 the time of day or the time of year, in residential

24 property owned, operated, or managed by a public housing

25 agency or leased by a public housing agency as part of a

26 scattered site or mixed-income development, in a public

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1 park, in a courthouse, on the real property comprising any

2 school, regardless of the time of day or the time of year,

3 on residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

5 as part of a scattered site or mixed-income development,

6 on the real property comprising any public park, on the

7 real property comprising any courthouse, in any conveyance

8 owned, leased, or contracted by a school to transport

9 students to or from school or a school related activity,

10 in any conveyance owned, leased, or contracted by a public

11 transportation agency, or on any public way within 1,000

12 feet of the real property comprising any school, public

13 park, courthouse, public transportation facility, or

14 residential property owned, operated, or managed by a

15 public housing agency or leased by a public housing agency

16 as part of a scattered site or mixed-income development

17 commits a Class 3 felony.

18 (2) A person who violates subsection 24-1(a)(1),

19 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

20 time of day or the time of year, in residential property

21 owned, operated or managed by a public housing agency or

22 leased by a public housing agency as part of a scattered

23 site or mixed-income development, in a public park, in a

24 courthouse, on the real property comprising any school,

25 regardless of the time of day or the time of year, on

26 residential property owned, operated or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development,

3 on the real property comprising any public park, on the

4 real property comprising any courthouse, in any conveyance

5 owned, leased or contracted by a school to transport

6 students to or from school or a school related activity,

7 in any conveyance owned, leased, or contracted by a public

8 transportation agency, or on any public way within 1,000

9 feet of the real property comprising any school, public

10 park, courthouse, public transportation facility, or

11 residential property owned, operated, or managed by a

12 public housing agency or leased by a public housing agency

13 as part of a scattered site or mixed-income development

14 commits a Class 4 felony. "Courthouse" means any building

15 that is used by the Circuit, Appellate, or Supreme Court

16 of this State for the conduct of official business.

17 (3) Paragraphs (1), (1.5), and (2) of this subsection

18 (c) shall not apply to law enforcement officers or

19 security officers of such school, college, or university

20 or to students carrying or possessing firearms for use in

21 training courses, parades, hunting, target shooting on

22 school ranges, or otherwise with the consent of school

23 authorities and which firearms are transported unloaded

24 enclosed in a suitable case, box, or transportation

25 package.

26 (4) For the purposes of this subsection (c), "school"

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1 means any public or private elementary or secondary

2 school, community college, college, or university.

3 (5) For the purposes of this subsection (c), "public

4 transportation agency" means a public or private agency

5 that provides for the transportation or conveyance of

6 persons by means available to the general public, except

7 for transportation by automobiles not used for conveyance

8 of the general public as passengers; and "public

9 transportation facility" means a terminal or other place

10 where one may obtain public transportation.

11 (d) The presence in an automobile other than a public

12 omnibus of any weapon, instrument or substance referred to in

13 subsection (a)(7) is prima facie evidence that it is in the

14 possession of, and is being carried by, all persons occupying

15 such automobile at the time such weapon, instrument or

16 substance is found, except under the following circumstances:

17 (i) if such weapon, instrument or instrumentality is found

18 upon the person of one of the occupants therein; or (ii) if

19 such weapon, instrument or substance is found in an automobile

20 operated for hire by a duly licensed driver in the due, lawful

21 and proper pursuit of his or her trade, then such presumption

22 shall not apply to the driver.

23 (e) Exemptions.

24 (1) Crossbows, Common or Compound bows and Underwater

25 Spearguns are exempted from the definition of ballistic

26 knife as defined in paragraph (1) of subsection (a) of

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1 this Section.

2 (2) The provision of paragraph (1) of subsection (a)

3 of this Section prohibiting the sale, manufacture,

4 purchase, possession, or carrying of any knife, commonly

5 referred to as a switchblade knife, which has a blade that

6 opens automatically by hand pressure applied to a button,

7 spring or other device in the handle of the knife, does not

8 apply to a person who possesses a currently valid Firearm

9 Owner's Identification Card previously issued in his or

10 her name by the Illinois State Police or to a person or an

11 entity engaged in the business of selling or manufacturing

12 switchblade knives.

13 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)

14 (720 ILCS 5/24-1.2-5)

15 Sec. 24-1.2-5. Aggravated discharge of a machine gun~~or a~~

16 ~~firearm equipped with a device designed or used for silencing~~

17 ~~the report of a firearm~~.

18 (a) A person commits aggravated discharge of a machine gun

19 ~~or a firearm equipped with a device designed or used for~~

20 ~~silencing the report of a firearm~~when he or she knowingly or

21 intentionally:

22 (1) Discharges a machine gun~~or a firearm equipped~~

23 ~~with a device designed or used for silencing the report of~~

24 ~~a firearm~~at or into a building he or she knows to be

25 occupied and the machine gun~~or the firearm equipped with~~

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1 ~~a device designed or used for silencing the report of a~~

2 ~~firearm~~is discharged from a place or position outside

3 that building;

4 (2) Discharges a machine gun~~or a firearm equipped~~

5 ~~with a device designed or used for silencing the report of~~

6 ~~a firearm~~in the direction of another person or in the

7 direction of a vehicle he or she knows to be occupied;

8 (3) Discharges a machine gun~~or a firearm equipped~~

9 ~~with a device designed or used for silencing the report of~~

10 ~~a firearm~~in the direction of a person he or she knows to

11 be a peace officer, a person summoned or directed by a

12 peace officer, a correctional institution employee, or a

13 fireman while the officer, employee or fireman is engaged

14 in the execution of any of his or her official duties, or

15 to prevent the officer, employee or fireman from

16 performing his or her official duties, or in retaliation

17 for the officer, employee or fireman performing his or her

18 official duties;

19 (4) Discharges a machine gun~~or a firearm equipped~~

20 ~~with a device designed or used for silencing the report of~~

21 ~~a firearm~~in the direction of a vehicle he or she knows to

22 be occupied by a peace officer, a person summoned or

23 directed by a peace officer, a correctional institution

24 employee or a fireman while the officer, employee or

25 fireman is engaged in the execution of any of his or her

26 official duties, or to prevent the officer, employee or

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1 fireman from performing his or her official duties, or in

2 retaliation for the officer, employee or fireman

3 performing his or her official duties;

4 (5) Discharges a machine gun~~or a firearm equipped~~

5 ~~with a device designed or used for silencing the report of~~

6 ~~a firearm~~in the direction of a person he or she knows to

7 be emergency medical services personnel while the

8 emergency medical services personnel is engaged in the

9 execution of any of his or her official duties, or to

10 prevent the emergency medical services personnel from

11 performing his or her official duties, or in retaliation

12 for the emergency medical services personnel performing

13 his or her official duties;

14 (6) Discharges a machine gun~~or a firearm equipped~~

15 ~~with a device designed or used for silencing the report of~~

16 ~~a firearm~~in the direction of a vehicle he or she knows to

17 be occupied by emergency medical services personnel, while

18 the emergency medical services personnel is engaged in the

19 execution of any of his or her official duties, or to

20 prevent the emergency medical services personnel from

21 performing his or her official duties, or in retaliation

22 for the emergency medical services personnel performing

23 his or her official duties;

24 (7) Discharges a machine gun ~~or a firearm equipped~~

25 ~~with a device designed or used for silencing the report of~~

26 ~~a firearm~~in the direction of a person he or she knows to

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1 be an emergency management worker while the emergency

2 management worker is engaged in the execution of any of

3 his or her official duties, or to prevent the emergency

4 management worker from performing his or her official

5 duties, or in retaliation for the emergency management

6 worker performing his or her official duties; or

7 (8) Discharges a machine gun ~~or a firearm equipped~~

8 ~~with a device designed or used for silencing the report of~~

9 ~~a firearm~~in the direction of a vehicle he or she knows to

10 be occupied by an emergency management worker while the

11 emergency management worker is engaged in the execution of

12 any of his or her official duties, or to prevent the

13 emergency management worker from performing his or her

14 official duties, or in retaliation for the emergency

15 management worker performing his or her official duties.

16 (b) A violation of subsection (a) (1) or subsection (a)

17 (2) of this Section is a Class X felony. A violation of

18 subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a)

19 (8) of this Section is a Class X felony for which the sentence

20 shall be a term of imprisonment of no less than 12 years and no

21 more than 50 years.

22 (c) For the purpose of this Section:

23 "Emergency medical services personnel" has the meaning

24 specified in Section 3.5 of the Emergency Medical Services

25 (EMS) Systems Act and shall include all ambulance crew

26 members, including drivers or pilots.

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1 "Machine gun" has the meaning ascribed to it in clause

2 (i) of paragraph (7) of subsection (a) of Section 24-1 of

3 this Code.

4 (d) This Section does not apply to a peace officer while

5 serving as a member of a tactical response team or special

6 operations team. ~~A peace officer may not personally own or~~

7 ~~apply for ownership of a device or attachment of any kind~~

8 ~~designed, used, or intended for use in silencing the report of~~

9 ~~any firearm. These devices shall be owned and maintained by~~

10 ~~lawfully recognized units of government whose duties include~~

11 ~~the investigation of criminal acts.~~

12 (Source: P.A. 99-816, eff. 8-15-16.)

13 (720 ILCS 5/24-2)

14 (Text of Section before amendment by P.A. 102-152)

15 Sec. 24-2. Exemptions.

16 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

17 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

18 the following:

19 (1) Peace officers, and any person summoned by a peace

20 officer to assist in making arrests or preserving the

21 peace, while actually engaged in assisting such officer.

22 (2) Wardens, superintendents and keepers of prisons,

23 penitentiaries, jails and other institutions for the

24 detention of persons accused or convicted of an offense,

25 while in the performance of their official duty, or while

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1 commuting between their homes and places of employment.

2 (3) Members of the Armed Services or Reserve Forces of

3 the United States or the Illinois National Guard or the

4 Reserve Officers Training Corps, while in the performance

5 of their official duty.

6 (4) Special agents employed by a railroad or a public

7 utility to perform police functions, and guards of armored

8 car companies, while actually engaged in the performance

9 of the duties of their employment or commuting between

10 their homes and places of employment; and watchmen while

11 actually engaged in the performance of the duties of their

12 employment.

13 (5) Persons licensed as private security contractors,

14 private detectives, or private alarm contractors, or

15 employed by a private security contractor, private

16 detective, or private alarm contractor agency licensed by

17 the Department of Financial and Professional Regulation,

18 if their duties include the carrying of a weapon under the

19 provisions of the Private Detective, Private Alarm,

20 Private Security, Fingerprint Vendor, and Locksmith Act of

21 2004, while actually engaged in the performance of the

22 duties of their employment or commuting between their

23 homes and places of employment. A person shall be

24 considered eligible for this exemption if he or she has

25 completed the required 20 hours of training for a private

26 security contractor, private detective, or private alarm

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1 contractor, or employee of a licensed private security

2 contractor, private detective, or private alarm contractor

3 agency and 20 hours of required firearm training, and has

4 been issued a firearm control card by the Department of

5 Financial and Professional Regulation. Conditions for the

6 renewal of firearm control cards issued under the

7 provisions of this Section shall be the same as for those

8 cards issued under the provisions of the Private

9 Detective, Private Alarm, Private Security, Fingerprint

10 Vendor, and Locksmith Act of 2004. The firearm control

11 card shall be carried by the private security contractor,

12 private detective, or private alarm contractor, or

13 employee of the licensed private security contractor,

14 private detective, or private alarm contractor agency at

15 all times when he or she is in possession of a concealable

16 weapon permitted by his or her firearm control card.

17 (6) Any person regularly employed in a commercial or

18 industrial operation as a security guard for the

19 protection of persons employed and private property

20 related to such commercial or industrial operation, while

21 actually engaged in the performance of his or her duty or

22 traveling between sites or properties belonging to the

23 employer, and who, as a security guard, is a member of a

24 security force registered with the Department of Financial

25 and Professional Regulation; provided that such security

26 guard has successfully completed a course of study,

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1 approved by and supervised by the Department of Financial

2 and Professional Regulation, consisting of not less than

3 40 hours of training that includes the theory of law

4 enforcement, liability for acts, and the handling of

5 weapons. A person shall be considered eligible for this

6 exemption if he or she has completed the required 20 hours

7 of training for a security officer and 20 hours of

8 required firearm training, and has been issued a firearm

9 control card by the Department of Financial and

10 Professional Regulation. Conditions for the renewal of

11 firearm control cards issued under the provisions of this

12 Section shall be the same as for those cards issued under

13 the provisions of the Private Detective, Private Alarm,

14 Private Security, Fingerprint Vendor, and Locksmith Act of

15 2004. The firearm control card shall be carried by the

16 security guard at all times when he or she is in possession

17 of a concealable weapon permitted by his or her firearm

18 control card.

19 (7) Agents and investigators of the Illinois

20 Legislative Investigating Commission authorized by the

21 Commission to carry the weapons specified in subsections

22 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

23 any investigation for the Commission.

24 (8) Persons employed by a financial institution as a

25 security guard for the protection of other employees and

26 property related to such financial institution, while

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1 actually engaged in the performance of their duties,

2 commuting between their homes and places of employment, or

3 traveling between sites or properties owned or operated by

4 such financial institution, and who, as a security guard,

5 is a member of a security force registered with the

6 Department; provided that any person so employed has

7 successfully completed a course of study, approved by and

8 supervised by the Department of Financial and Professional

9 Regulation, consisting of not less than 40 hours of

10 training which includes theory of law enforcement,

11 liability for acts, and the handling of weapons. A person

12 shall be considered to be eligible for this exemption if

13 he or she has completed the required 20 hours of training

14 for a security officer and 20 hours of required firearm

15 training, and has been issued a firearm control card by

16 the Department of Financial and Professional Regulation.

17 Conditions for renewal of firearm control cards issued

18 under the provisions of this Section shall be the same as

19 for those issued under the provisions of the Private

20 Detective, Private Alarm, Private Security, Fingerprint

21 Vendor, and Locksmith Act of 2004. The firearm control

22 card shall be carried by the security guard at all times

23 when he or she is in possession of a concealable weapon

24 permitted by his or her firearm control card. For purposes

25 of this subsection, "financial institution" means a bank,

26 savings and loan association, credit union or company

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1 providing armored car services.

2 (9) Any person employed by an armored car company to

3 drive an armored car, while actually engaged in the

4 performance of his duties.

5 (10) Persons who have been classified as peace

6 officers pursuant to the Peace Officer Fire Investigation

7 Act.

8 (11) Investigators of the Office of the State's

9 Attorneys Appellate Prosecutor authorized by the board of

10 governors of the Office of the State's Attorneys Appellate

11 Prosecutor to carry weapons pursuant to Section 7.06 of

12 the State's Attorneys Appellate Prosecutor's Act.

13 (12) Special investigators appointed by a State's

14 Attorney under Section 3-9005 of the Counties Code.

15 (12.5) Probation officers while in the performance of

16 their duties, or while commuting between their homes,

17 places of employment or specific locations that are part

18 of their assigned duties, with the consent of the chief

19 judge of the circuit for which they are employed, if they

20 have received weapons training according to requirements

21 of the Peace Officer and Probation Officer Firearm

22 Training Act.

23 (13) Court Security Officers while in the performance

24 of their official duties, or while commuting between their

25 homes and places of employment, with the consent of the

26 Sheriff.

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1 (13.5) A person employed as an armed security guard at

2 a nuclear energy, storage, weapons or development site or

3 facility regulated by the Nuclear Regulatory Commission

4 who has completed the background screening and training

5 mandated by the rules and regulations of the Nuclear

6 Regulatory Commission.

7 (14) Manufacture, transportation, or sale of weapons

8 to persons authorized under subdivisions (1) through

9 (13.5) of this subsection to possess those weapons.

10 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

11 to or affect any person carrying a concealed pistol, revolver,

12 or handgun and the person has been issued a currently valid

13 license under the Firearm Concealed Carry Act at the time of

14 the commission of the offense.

15 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

16 to or affect a qualified current or retired law enforcement

17 officer qualified under the laws of this State or under the

18 federal Law Enforcement Officers Safety Act.

19 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

20 24-1.6 do not apply to or affect any of the following:

21 (1) Members of any club or organization organized for

22 the purpose of practicing shooting at targets upon

23 established target ranges, whether public or private, and

24 patrons of such ranges, while such members or patrons are

25 using their firearms on those target ranges.

26 (2) Duly authorized military or civil organizations

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1 while parading, with the special permission of the

2 Governor.

3 (3) Hunters, trappers or fishermen with a license or

4 permit while engaged in hunting, trapping or fishing.

5 (4) Transportation of weapons that are broken down in

6 a non-functioning state or are not immediately accessible.

7 (5) Carrying or possessing any pistol, revolver, stun

8 gun or taser or other firearm on the land or in the legal

9 dwelling of another person as an invitee with that

10 person's permission.

11 (c) Subsection 24-1(a)(7) does not apply to or affect any

12 of the following:

13 (1) Peace officers while in performance of their

14 official duties.

15 (2) Wardens, superintendents and keepers of prisons,

16 penitentiaries, jails and other institutions for the

17 detention of persons accused or convicted of an offense.

18 (3) Members of the Armed Services or Reserve Forces of

19 the United States or the Illinois National Guard, while in

20 the performance of their official duty.

21 (4) Manufacture, transportation, or sale of machine

22 guns to persons authorized under subdivisions (1) through

23 (3) of this subsection to possess machine guns, if the

24 machine guns are broken down in a non-functioning state or

25 are not immediately accessible.

26 (5) Persons licensed under federal law to manufacture

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1 any weapon from which 8 or more shots or bullets can be

2 discharged by a single function of the firing device, or

3 ammunition for such weapons, and actually engaged in the

4 business of manufacturing such weapons or ammunition, but

5 only with respect to activities which are within the

6 lawful scope of such business, such as the manufacture,

7 transportation, or testing of such weapons or ammunition.

8 This exemption does not authorize the general private

9 possession of any weapon from which 8 or more shots or

10 bullets can be discharged by a single function of the

11 firing device, but only such possession and activities as

12 are within the lawful scope of a licensed manufacturing

13 business described in this paragraph.

14 During transportation, such weapons shall be broken

15 down in a non-functioning state or not immediately

16 accessible.

17 (6) The manufacture, transport, testing, delivery,

18 transfer or sale, and all lawful commercial or

19 experimental activities necessary thereto, of rifles,

20 shotguns, and weapons made from rifles or shotguns, or

21 ammunition for such rifles, shotguns or weapons, where

22 engaged in by a person operating as a contractor or

23 subcontractor pursuant to a contract or subcontract for

24 the development and supply of such rifles, shotguns,

25 weapons or ammunition to the United States government or

26 any branch of the Armed Forces of the United States, when

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1 such activities are necessary and incident to fulfilling

2 the terms of such contract.

3 The exemption granted under this subdivision (c)(6)

4 shall also apply to any authorized agent of any such

5 contractor or subcontractor who is operating within the

6 scope of his employment, where such activities involving

7 such weapon, weapons or ammunition are necessary and

8 incident to fulfilling the terms of such contract.

9 (7) A person possessing a rifle with a barrel or

10 barrels less than 16 inches in length if: (A) the person

11 has been issued a Curios and Relics license from the U.S.

12 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

13 (B) the person is an active member of a bona fide,

14 nationally recognized military re-enacting group and the

15 modification is required and necessary to accurately

16 portray the weapon for historical re-enactment purposes;

17 the re-enactor is in possession of a valid and current

18 re-enacting group membership credential; and the overall

19 length of the weapon as modified is not less than 26

20 inches.

21 (d) Subsection 24-1(a)(1) does not apply to the purchase,

22 possession or carrying of a black-jack or slung-shot by a

23 peace officer.

24 (e) Subsection 24-1(a)(8) does not apply to any owner,

25 manager or authorized employee of any place specified in that

26 subsection nor to any law enforcement officer.

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1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

2 Section 24-1.6 do not apply to members of any club or

3 organization organized for the purpose of practicing shooting

4 at targets upon established target ranges, whether public or

5 private, while using their firearms on those target ranges.

6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

7 to:

8 (1) Members of the Armed Services or Reserve Forces of

9 the United States or the Illinois National Guard, while in

10 the performance of their official duty.

11 (2) Bonafide collectors of antique or surplus military

12 ordnance.

13 (3) Laboratories having a department of forensic

14 ballistics, or specializing in the development of

15 ammunition or explosive ordnance.

16 (4) Commerce, preparation, assembly or possession of

17 explosive bullets by manufacturers of ammunition licensed

18 by the federal government, in connection with the supply

19 of those organizations and persons exempted by subdivision

20 (g)(1) of this Section, or like organizations and persons

21 outside this State, or the transportation of explosive

22 bullets to any organization or person exempted in this

23 Section by a common carrier or by a vehicle owned or leased

24 by an exempted manufacturer.

25 (g-5) Subsection 24-1(a)(6) does not apply to or affect

26 persons licensed under federal law to manufacture any device

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1 or attachment of any kind designed, used, or intended for use

2 in silencing the report of any firearm, firearms, or

3 ammunition for those firearms equipped with those devices, and

4 actually engaged in the business of manufacturing those

5 devices, firearms, or ammunition, but only with respect to

6 activities that are within the lawful scope of that business,

7 such as the manufacture, transportation, or testing of those

8 devices, firearms, or ammunition. This exemption does not

9 authorize the general private possession of any device or

10 attachment of any kind designed, used, or intended for use in

11 silencing the report of any firearm, but only such possession

12 and activities as are within the lawful scope of a licensed

13 manufacturing business described in this subsection (g-5).

14 During transportation, these devices shall be detached from

15 any weapon or not immediately accessible.

16 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

17 24-1.6 do not apply to or affect any parole agent or parole

18 supervisor who meets the qualifications and conditions

19 prescribed in Section 3-14-1.5 of the Unified Code of

20 Corrections.

21 (g-7) Subsection 24-1(a)(6) does not apply to a peace

22 officer while serving as a member of a tactical response team

23 or special operations team. A peace officer may not personally

24 own or apply for ownership of a device or attachment of any

25 kind designed, used, or intended for use in silencing the

26 report of any firearm. These devices shall be owned and

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1 maintained by lawfully recognized units of government whose

2 duties include the investigation of criminal acts.

3 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

4 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

5 athlete's possession, transport on official Olympic and

6 Paralympic transit systems established for athletes, or use of

7 competition firearms sanctioned by the International Olympic

8 Committee, the International Paralympic Committee, the

9 International Shooting Sport Federation, or USA Shooting in

10 connection with such athlete's training for and participation

11 in shooting competitions at the 2016 Olympic and Paralympic

12 Games and sanctioned test events leading up to the 2016

13 Olympic and Paralympic Games.

14 (h) An information or indictment based upon a violation of

15 any subsection of this Article need not negative any

16 exemptions contained in this Article. The defendant shall have

17 the burden of proving such an exemption.

18 (i) Nothing in this Article shall prohibit, apply to, or

19 affect the transportation, carrying, or possession, of any

20 pistol or revolver, stun gun, taser, or other firearm

21 consigned to a common carrier operating under license of the

22 State of Illinois or the federal government, where such

23 transportation, carrying, or possession is incident to the

24 lawful transportation in which such common carrier is engaged;

25 and nothing in this Article shall prohibit, apply to, or

26 affect the transportation, carrying, or possession of any

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1 pistol, revolver, stun gun, taser, or other firearm, not the

2 subject of and regulated by subsection 24-1(a)(7) or

3 subsection 24-2(c) of this Article, which is unloaded and

4 enclosed in a case, firearm carrying box, shipping box, or

5 other container, by the possessor of a valid Firearm Owners

6 Identification Card.

7 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

8 (Text of Section after amendment by P.A. 102-152)

9 Sec. 24-2. Exemptions.

10 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

11 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

12 the following:

13 (1) Peace officers, and any person summoned by a peace

14 officer to assist in making arrests or preserving the

15 peace, while actually engaged in assisting such officer.

16 (2) Wardens, superintendents and keepers of prisons,

17 penitentiaries, jails and other institutions for the

18 detention of persons accused or convicted of an offense,

19 while in the performance of their official duty, or while

20 commuting between their homes and places of employment.

21 (3) Members of the Armed Services or Reserve Forces of

22 the United States or the Illinois National Guard or the

23 Reserve Officers Training Corps, while in the performance

24 of their official duty.

25 (4) Special agents employed by a railroad or a public

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1 utility to perform police functions, and guards of armored

2 car companies, while actually engaged in the performance

3 of the duties of their employment or commuting between

4 their homes and places of employment; and watchmen while

5 actually engaged in the performance of the duties of their

6 employment.

7 (5) Persons licensed as private security contractors,

8 private detectives, or private alarm contractors, or

9 employed by a private security contractor, private

10 detective, or private alarm contractor agency licensed by

11 the Department of Financial and Professional Regulation,

12 if their duties include the carrying of a weapon under the

13 provisions of the Private Detective, Private Alarm,

14 Private Security, Fingerprint Vendor, and Locksmith Act of

15 2004, while actually engaged in the performance of the

16 duties of their employment or commuting between their

17 homes and places of employment. A person shall be

18 considered eligible for this exemption if he or she has

19 completed the required 20 hours of training for a private

20 security contractor, private detective, or private alarm

21 contractor, or employee of a licensed private security

22 contractor, private detective, or private alarm contractor

23 agency and 28 hours of required firearm training, and has

24 been issued a firearm control card by the Department of

25 Financial and Professional Regulation. Conditions for the

26 renewal of firearm control cards issued under the

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1 provisions of this Section shall be the same as for those

2 cards issued under the provisions of the Private

3 Detective, Private Alarm, Private Security, Fingerprint

4 Vendor, and Locksmith Act of 2004. The firearm control

5 card shall be carried by the private security contractor,

6 private detective, or private alarm contractor, or

7 employee of the licensed private security contractor,

8 private detective, or private alarm contractor agency at

9 all times when he or she is in possession of a concealable

10 weapon permitted by his or her firearm control card.

11 (6) Any person regularly employed in a commercial or

12 industrial operation as a security guard for the

13 protection of persons employed and private property

14 related to such commercial or industrial operation, while

15 actually engaged in the performance of his or her duty or

16 traveling between sites or properties belonging to the

17 employer, and who, as a security guard, is a member of a

18 security force registered with the Department of Financial

19 and Professional Regulation; provided that such security

20 guard has successfully completed a course of study,

21 approved by and supervised by the Department of Financial

22 and Professional Regulation, consisting of not less than

23 48 hours of training that includes the theory of law

24 enforcement, liability for acts, and the handling of

25 weapons. A person shall be considered eligible for this

26 exemption if he or she has completed the required 20 hours

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1 of training for a security officer and 28 hours of

2 required firearm training, and has been issued a firearm

3 control card by the Department of Financial and

4 Professional Regulation. Conditions for the renewal of

5 firearm control cards issued under the provisions of this

6 Section shall be the same as for those cards issued under

7 the provisions of the Private Detective, Private Alarm,

8 Private Security, Fingerprint Vendor, and Locksmith Act of

9 2004. The firearm control card shall be carried by the

10 security guard at all times when he or she is in possession

11 of a concealable weapon permitted by his or her firearm

12 control card.

13 (7) Agents and investigators of the Illinois

14 Legislative Investigating Commission authorized by the

15 Commission to carry the weapons specified in subsections

16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

17 any investigation for the Commission.

18 (8) Persons employed by a financial institution as a

19 security guard for the protection of other employees and

20 property related to such financial institution, while

21 actually engaged in the performance of their duties,

22 commuting between their homes and places of employment, or

23 traveling between sites or properties owned or operated by

24 such financial institution, and who, as a security guard,

25 is a member of a security force registered with the

26 Department; provided that any person so employed has

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1 successfully completed a course of study, approved by and

2 supervised by the Department of Financial and Professional

3 Regulation, consisting of not less than 48 hours of

4 training which includes theory of law enforcement,

5 liability for acts, and the handling of weapons. A person

6 shall be considered to be eligible for this exemption if

7 he or she has completed the required 20 hours of training

8 for a security officer and 28 hours of required firearm

9 training, and has been issued a firearm control card by

10 the Department of Financial and Professional Regulation.

11 Conditions for renewal of firearm control cards issued

12 under the provisions of this Section shall be the same as

13 for those issued under the provisions of the Private

14 Detective, Private Alarm, Private Security, Fingerprint

15 Vendor, and Locksmith Act of 2004. The firearm control

16 card shall be carried by the security guard at all times

17 when he or she is in possession of a concealable weapon

18 permitted by his or her firearm control card. For purposes

19 of this subsection, "financial institution" means a bank,

20 savings and loan association, credit union or company

21 providing armored car services.

22 (9) Any person employed by an armored car company to

23 drive an armored car, while actually engaged in the

24 performance of his duties.

25 (10) Persons who have been classified as peace

26 officers pursuant to the Peace Officer Fire Investigation

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1 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

6 the 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

12 of their assigned duties, with the consent of the chief

13 judge of the circuit for which they are employed, if they

14 have received weapons training according to requirements

15 of the Peace Officer and Probation Officer Firearm

16 Training Act.

17 (13) Court Security Officers while in the performance

18 of their official duties, or while commuting between their

19 homes and places of employment, with the consent of the

20 Sheriff.

21 (13.5) A person employed as an armed security guard at

22 a nuclear energy, storage, weapons or development site or

23 facility regulated by the Nuclear Regulatory Commission

24 who has completed the background screening and training

25 mandated by the rules and regulations of the Nuclear

26 Regulatory Commission.

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1 (14) Manufacture, transportation, or sale of weapons

2 to persons authorized under subdivisions (1) through

3 (13.5) of this subsection to possess those weapons.

4 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

5 to or affect any person carrying a concealed pistol, revolver,

6 or handgun and the person has been issued a currently valid

7 license under the Firearm Concealed Carry Act at the time of

8 the commission of the offense.

9 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

10 to or affect a qualified current or retired law enforcement

11 officer qualified under the laws of this State or under the

12 federal Law Enforcement Officers Safety Act.

13 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

14 24-1.6 do not apply to or affect any of the following:

15 (1) Members of any club or organization organized for

16 the purpose of practicing shooting at targets upon

17 established target ranges, whether public or private, and

18 patrons of such ranges, while such members or patrons are

19 using their firearms on those target ranges.

20 (2) Duly authorized military or civil organizations

21 while parading, with the special permission of the

22 Governor.

23 (3) Hunters, trappers or fishermen with a license or

24 permit while engaged in hunting, trapping or fishing.

25 (4) Transportation of weapons that are broken down in

26 a non-functioning state or are not immediately accessible.

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1 (5) Carrying or possessing any pistol, revolver, stun

2 gun or taser or other firearm on the land or in the legal

3 dwelling of another person as an invitee with that

4 person's permission.

5 (c) Subsection 24-1(a)(7) does not apply to or affect any

6 of the following:

7 (1) Peace officers while in performance of their

8 official duties.

9 (2) Wardens, superintendents and keepers of prisons,

10 penitentiaries, jails and other institutions for the

11 detention of persons accused or convicted of an offense.

12 (3) Members of the Armed Services or Reserve Forces of

13 the United States or the Illinois National Guard, while in

14 the performance of their official duty.

15 (4) Manufacture, transportation, or sale of machine

16 guns to persons authorized under subdivisions (1) through

17 (3) of this subsection to possess machine guns, if the

18 machine guns are broken down in a non-functioning state or

19 are not immediately accessible.

20 (5) Persons licensed under federal law to manufacture

21 any weapon from which 8 or more shots or bullets can be

22 discharged by a single function of the firing device, or

23 ammunition for such weapons, and actually engaged in the

24 business of manufacturing such weapons or ammunition, but

25 only with respect to activities which are within the

26 lawful scope of such business, such as the manufacture,

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1 transportation, or testing of such weapons or ammunition.

2 This exemption does not authorize the general private

3 possession of any weapon from which 8 or more shots or

4 bullets can be discharged by a single function of the

5 firing device, but only such possession and activities as

6 are within the lawful scope of a licensed manufacturing

7 business described in this paragraph.

8 During transportation, such weapons shall be broken

9 down in a non-functioning state or not immediately

10 accessible.

11 (6) The manufacture, transport, testing, delivery,

12 transfer or sale, and all lawful commercial or

13 experimental activities necessary thereto, of rifles,

14 shotguns, and weapons made from rifles or shotguns, or

15 ammunition for such rifles, shotguns or weapons, where

16 engaged in by a person operating as a contractor or

17 subcontractor pursuant to a contract or subcontract for

18 the development and supply of such rifles, shotguns,

19 weapons or ammunition to the United States government or

20 any branch of the Armed Forces of the United States, when

21 such activities are necessary and incident to fulfilling

22 the terms of such contract.

23 The exemption granted under this subdivision (c)(6)

24 shall also apply to any authorized agent of any such

25 contractor or subcontractor who is operating within the

26 scope of his employment, where such activities involving

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1 such weapon, weapons or ammunition are necessary and

2 incident to fulfilling the terms of such contract.

3 (7) A person possessing a rifle with a barrel or

4 barrels less than 16 inches in length if: (A) the person

5 has been issued a Curios and Relics license from the U.S.

6 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

7 (B) the person is an active member of a bona fide,

8 nationally recognized military re-enacting group and the

9 modification is required and necessary to accurately

10 portray the weapon for historical re-enactment purposes;

11 the re-enactor is in possession of a valid and current

12 re-enacting group membership credential; and the overall

13 length of the weapon as modified is not less than 26

14 inches.

15 (d) Subsection 24-1(a)(1) does not apply to the purchase,

16 possession or carrying of a black-jack or slung-shot by a

17 peace officer.

18 (e) Subsection 24-1(a)(8) does not apply to any owner,

19 manager or authorized employee of any place specified in that

20 subsection nor to any law enforcement officer.

21 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

22 Section 24-1.6 do not apply to members of any club or

23 organization organized for the purpose of practicing shooting

24 at targets upon established target ranges, whether public or

25 private, while using their firearms on those target ranges.

26 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

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1 to:

2 (1) 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 duty.

5 (2) Bonafide collectors of antique or surplus military

6 ordnance.

7 (3) Laboratories having a department of forensic

8 ballistics, or specializing in the development of

9 ammunition or explosive ordnance.

10 (4) Commerce, preparation, assembly or possession of

11 explosive bullets by manufacturers of ammunition licensed

12 by the federal government, in connection with the supply

13 of those organizations and persons exempted by subdivision

14 (g)(1) of this Section, or like organizations and persons

15 outside this State, or the transportation of explosive

16 bullets to any organization or person exempted in this

17 Section by a common carrier or by a vehicle owned or leased

18 by an exempted manufacturer.

19 (g-5) (Blank). ~~Subsection 24-1(a)(6) does not apply to or~~

20 ~~affect persons licensed under federal law to manufacture any~~

21 ~~device or attachment of any kind designed, used, or intended~~

22 ~~for use in silencing the report of any firearm, firearms, or~~

23 ~~ammunition for those firearms equipped with those devices, and~~

24 ~~actually engaged in the business of manufacturing those~~

25 ~~devices, firearms, or ammunition, but only with respect to~~

26 ~~activities that are within the lawful scope of that business,~~

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1 ~~such as the manufacture, transportation, or testing of those~~

2 ~~devices, firearms, or ammunition. This exemption does not~~

3 ~~authorize the general private possession of any device or~~

4 ~~attachment of any kind designed, used, or intended for use in~~

5 ~~silencing the report of any firearm, but only such possession~~

6 ~~and activities as are within the lawful scope of a licensed~~

7 ~~manufacturing business described in this subsection (g-5).~~

8 ~~During transportation, these devices shall be detached from~~

9 ~~any weapon or not immediately accessible.~~

10 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

11 24-1.6 do not apply to or affect any parole agent or parole

12 supervisor who meets the qualifications and conditions

13 prescribed in Section 3-14-1.5 of the Unified Code of

14 Corrections.

15 (g-7) (Blank). ~~Subsection 24-1(a)(6) does not apply to a~~

16 ~~peace officer while serving as a member of a tactical response~~

17 ~~team or special operations team. A peace officer may not~~

18 ~~personally own or apply for ownership of a device or~~

19 ~~attachment of any kind designed, used, or intended for use in~~

20 ~~silencing the report of any firearm. These devices shall be~~

21 ~~owned and maintained by lawfully recognized units of~~

22 ~~government whose duties include the investigation of criminal~~

23 ~~acts.~~

24 (g-10) (Blank).

25 (h) An information or indictment based upon a violation of

26 any subsection of this Article need not negative any

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1 exemptions contained in this Article. The defendant shall have

2 the burden of proving such an exemption.

3 (i) Nothing in this Article shall prohibit, apply to, or

4 affect the transportation, carrying, or possession, of any

5 pistol or revolver, stun gun, taser, or other firearm

6 consigned to a common carrier operating under license of the

7 State of Illinois or the federal government, where such

8 transportation, carrying, or possession is incident to the

9 lawful transportation in which such common carrier is engaged;

10 and nothing in this Article shall prohibit, apply to, or

11 affect the transportation, carrying, or possession of any

12 pistol, revolver, stun gun, taser, or other firearm, not the

13 subject of and regulated by subsection 24-1(a)(7) or

14 subsection 24-2(c) of this Article, which is unloaded and

15 enclosed in a case, firearm carrying box, shipping box, or

16 other container, by the possessor of a valid Firearm Owners

17 Identification Card.

18 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)

19 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

20 Sec. 36-1. Property subject to forfeiture.

21 (a) Any vessel or watercraft, vehicle, or aircraft is

22 subject to forfeiture under this Article if the vessel or

23 watercraft, vehicle, or aircraft is used with the knowledge

24 and consent of the owner in the commission of or in the attempt

25 to commit as defined in Section 8-4 of this Code:

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1 (1) an offense prohibited by Section 9-1 (first degree

2 murder), Section 9-3 (involuntary manslaughter and

3 reckless homicide), Section 10-2 (aggravated kidnaping),

4 Section 11-1.20 (criminal sexual assault), Section 11-1.30

5 (aggravated criminal sexual assault), Section 11-1.40

6 (predatory criminal sexual assault of a child), subsection

7 (a) of Section 11-1.50 (criminal sexual abuse), subsection

8 (a), (c), or (d) of Section 11-1.60 (aggravated criminal

9 sexual abuse), Section 11-6 (indecent solicitation of a

10 child), Section 11-14.4 (promoting juvenile prostitution

11 except for keeping a place of juvenile prostitution),

12 Section 11-20.1 (child pornography), paragraph (a)(1),

13 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

14 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

15 (aggravated battery), Section 12-7.3 (stalking), Section

16 12-7.4 (aggravated stalking), Section 16-1 (theft if the

17 theft is of precious metal or of scrap metal), subdivision

18 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section

19 18-2 (armed robbery), Section 19-1 (burglary), Section

20 19-2 (possession of burglary tools), Section 19-3

21 (residential burglary), Section 20-1 (arson; residential

22 arson; place of worship arson), Section 20-2 (possession

23 of explosives or explosive or incendiary devices),

24 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use

25 of weapons), Section 24-1.2 (aggravated discharge of a

26 firearm), Section 24-1.2-5 (aggravated discharge of a

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1 machine gun ~~or a firearm equipped with a device designed~~

2 ~~or used for silencing the report of a firearm~~), Section

3 24-1.5 (reckless discharge of a firearm), Section 28-1

4 (gambling), or Section 29D-15.2 (possession of a deadly

5 substance) of this Code;

6 (2) an offense prohibited by Section 21, 22, 23, 24 or

7 26 of the Cigarette Tax Act if the vessel or watercraft,

8 vehicle, or aircraft contains more than 10 cartons of such

9 cigarettes;

10 (3) an offense prohibited by Section 28, 29, or 30 of

11 the Cigarette Use Tax Act if the vessel or watercraft,

12 vehicle, or aircraft contains more than 10 cartons of such

13 cigarettes;

14 (4) an offense prohibited by Section 44 of the

15 Environmental Protection Act;

16 (5) an offense prohibited by Section 11-204.1 of the

17 Illinois Vehicle Code (aggravated fleeing or attempting to

18 elude a peace officer);

19 (6) an offense prohibited by Section 11-501 of the

20 Illinois Vehicle Code (driving while under the influence

21 of alcohol or other drug or drugs, intoxicating compound

22 or compounds or any combination thereof) or a similar

23 provision of a local ordinance, and:

24 (A) during a period in which his or her driving

25 privileges are revoked or suspended if the revocation

26 or suspension was for:

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1 (i) Section 11-501 (driving under the

2 influence of alcohol or other drug or drugs,

3 intoxicating compound or compounds or any

4 combination thereof),

5 (ii) Section 11-501.1 (statutory summary

6 suspension or revocation),

7 (iii) paragraph (b) of Section 11-401 (motor

8 vehicle accidents involving death or personal

9 injuries), or

10 (iv) reckless homicide as defined in Section

11 9-3 of this Code;

12 (B) has been previously convicted of reckless

13 homicide or a similar provision of a law of another

14 state relating to reckless homicide in which the

15 person was determined to have been under the influence

16 of alcohol, other drug or drugs, or intoxicating

17 compound or compounds as an element of the offense or

18 the person has previously been convicted of committing

19 a violation of driving under the influence of alcohol

20 or other drug or drugs, intoxicating compound or

21 compounds or any combination thereof and was involved

22 in a motor vehicle accident that resulted in death,

23 great bodily harm, or permanent disability or

24 disfigurement to another, when the violation was a

25 proximate cause of the death or injuries;

26 (C) the person committed a violation of driving

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1 under the influence of alcohol or other drug or drugs,

2 intoxicating compound or compounds or any combination

3 thereof under Section 11-501 of the Illinois Vehicle

4 Code or a similar provision for the third or

5 subsequent time;

6 (D) he or she did not possess a valid driver's

7 license or permit or a valid restricted driving permit

8 or a valid judicial driving permit or a valid

9 monitoring device driving permit; or

10 (E) he or she knew or should have known that the

11 vehicle he or she was driving was not covered by a

12 liability insurance policy;

13 (7) an offense described in subsection (g) of Section

14 6-303 of the Illinois Vehicle Code;

15 (8) an offense described in subsection (e) of Section

16 6-101 of the Illinois Vehicle Code; or

17 (9)(A) operating a watercraft under the influence of

18 alcohol, other drug or drugs, intoxicating compound or

19 compounds, or combination thereof under Section 5-16 of

20 the Boat Registration and Safety Act during a period in

21 which his or her privileges to operate a watercraft are

22 revoked or suspended and the revocation or suspension was

23 for operating a watercraft under the influence of alcohol,

24 other drug or drugs, intoxicating compound or compounds,

25 or combination thereof; (B) operating a watercraft under

26 the influence of alcohol, other drug or drugs,

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1 intoxicating compound or compounds, or combination thereof

2 and has been previously convicted of reckless homicide or

3 a similar provision of a law in another state relating to

4 reckless homicide in which the person was determined to

5 have been under the influence of alcohol, other drug or

6 drugs, intoxicating compound or compounds, or combination

7 thereof as an element of the offense or the person has

8 previously been convicted of committing a violation of

9 operating a watercraft under the influence of alcohol,

10 other drug or drugs, intoxicating compound or compounds,

11 or combination thereof and was involved in an accident

12 that resulted in death, great bodily harm, or permanent

13 disability or disfigurement to another, when the violation

14 was a proximate cause of the death or injuries; or (C) the

15 person committed a violation of operating a watercraft

16 under the influence of alcohol, other drug or drugs,

17 intoxicating compound or compounds, or combination thereof

18 under Section 5-16 of the Boat Registration and Safety Act

19 or a similar provision for the third or subsequent time.

20 (b) In addition, any mobile or portable equipment used in

21 the commission of an act which is in violation of Section 7g of

22 the Metropolitan Water Reclamation District Act shall be

23 subject to seizure and forfeiture under the same procedures

24 provided in this Article for the seizure and forfeiture of

25 vessels or watercraft, vehicles, and aircraft, and any such

26 equipment shall be deemed a vessel or watercraft, vehicle, or

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1 aircraft for purposes of this Article.

2 (c) In addition, when a person discharges a firearm at

3 another individual from a vehicle with the knowledge and

4 consent of the owner of the vehicle and with the intent to

5 cause death or great bodily harm to that individual and as a

6 result causes death or great bodily harm to that individual,

7 the vehicle shall be subject to seizure and forfeiture under

8 the same procedures provided in this Article for the seizure

9 and forfeiture of vehicles used in violations of clauses (1),

10 (2), (3), or (4) of subsection (a) of this Section.

11 (d) If the spouse of the owner of a vehicle seized for an

12 offense described in subsection (g) of Section 6-303 of the

13 Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

14 (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

15 11-501 of the Illinois Vehicle Code, or Section 9-3 of this

16 Code makes a showing that the seized vehicle is the only source

17 of transportation and it is determined that the financial

18 hardship to the family as a result of the seizure outweighs the

19 benefit to the State from the seizure, the vehicle may be

20 forfeited to the spouse or family member and the title to the

21 vehicle shall be transferred to the spouse or family member

22 who is properly licensed and who requires the use of the

23 vehicle for employment or family transportation purposes. A

24 written declaration of forfeiture of a vehicle under this

25 Section shall be sufficient cause for the title to be

26 transferred to the spouse or family member. The provisions of

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1 this paragraph shall apply only to one forfeiture per vehicle.

2 If the vehicle is the subject of a subsequent forfeiture

3 proceeding by virtue of a subsequent conviction of either

4 spouse or the family member, the spouse or family member to

5 whom the vehicle was forfeited under the first forfeiture

6 proceeding may not utilize the provisions of this paragraph in

7 another forfeiture proceeding. If the owner of the vehicle

8 seized owns more than one vehicle, the procedure set out in

9 this paragraph may be used for only one vehicle.

10 (e) In addition, property subject to forfeiture under

11 Section 40 of the Illinois Streetgang Terrorism Omnibus

12 Prevention Act may be seized and forfeited under this Article.

13 (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)

14 Section 10. The Code of Criminal Procedure of 1963 is

15 amended by changing Section 110-6.1 as follows:

16 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

17 (Text of Section before amendment by P.A. 101-652)

18 Sec. 110-6.1. Denial of bail in non-probationable felony

19 offenses.

20 (a) Upon verified petition by the State, the court shall

21 hold a hearing to determine whether bail should be denied to a

22 defendant who is charged with a felony offense for which a

23 sentence of imprisonment, without probation, periodic

24 imprisonment or conditional discharge, is required by law upon

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1 conviction, when it is alleged that the defendant's admission

2 to bail poses a real and present threat to the physical safety

3 of any person or persons.

4 (1) A petition may be filed without prior notice to

5 the defendant at the first appearance before a judge, or

6 within the 21 calendar days, except as provided in Section

7 110-6, after arrest and release of the defendant upon

8 reasonable notice to defendant; provided that while such

9 petition is pending before the court, the defendant if

10 previously released shall not be detained.

11 (2) The hearing shall be held immediately upon the

12 defendant's appearance before the court, unless for good

13 cause shown the defendant or the State seeks a

14 continuance. A continuance on motion of the defendant may

15 not exceed 5 calendar days, and a continuance on the

16 motion of the State may not exceed 3 calendar days. The

17 defendant may be held in custody during such continuance.

18 (b) The court may deny bail to the defendant where, after

19 the hearing, it is determined that:

20 (1) the proof is evident or the presumption great that

21 the defendant has committed an offense for which a

22 sentence of imprisonment, without probation, periodic

23 imprisonment or conditional discharge, must be imposed by

24 law as a consequence of conviction, and

25 (2) the defendant poses a real and present threat to

26 the physical safety of any person or persons, by conduct

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1 which may include, but is not limited to, a forcible

2 felony, the obstruction of justice, intimidation, injury,

3 physical harm, an offense under the Illinois Controlled

4 Substances Act which is a Class X felony, or an offense

5 under the Methamphetamine Control and Community Protection

6 Act which is a Class X felony, and

7 (3) the court finds that no condition or combination

8 of conditions set forth in subsection (b) of Section

9 110-10 of this Article, can reasonably assure the physical

10 safety of any other person or persons.

11 (c) Conduct of the hearings.

12 (1) The hearing on the defendant's culpability and

13 dangerousness shall be conducted in accordance with the

14 following provisions:

15 (A) Information used by the court in its findings

16 or stated in or offered at such hearing may be by way

17 of proffer based upon reliable information offered by

18 the State or by defendant. Defendant has the right to

19 be represented by counsel, and if he is indigent, to

20 have counsel appointed for him. Defendant shall have

21 the opportunity to testify, to present witnesses in

22 his own behalf, and to cross-examine witnesses if any

23 are called by the State. The defendant has the right to

24 present witnesses in his favor. When the ends of

25 justice so require, the court may exercises its

26 discretion and compel the appearance of a complaining

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1 witness. The court shall state on the record reasons

2 for granting a defense request to compel the presence

3 of a complaining witness. Cross-examination of a

4 complaining witness at the pretrial detention hearing

5 for the purpose of impeaching the witness' credibility

6 is insufficient reason to compel the presence of the

7 witness. In deciding whether to compel the appearance

8 of a complaining witness, the court shall be

9 considerate of the emotional and physical well-being

10 of the witness. The pre-trial detention hearing is not

11 to be used for purposes of discovery, and the post

12 arraignment rules of discovery do not apply. The State

13 shall tender to the defendant, prior to the hearing,

14 copies of defendant's criminal history, if any, if

15 available, and any written or recorded statements and

16 the substance of any oral statements made by any

17 person, if relied upon by the State in its petition.

18 The rules concerning the admissibility of evidence in

19 criminal trials do not apply to the presentation and

20 consideration of information at the hearing. At the

21 trial concerning the offense for which the hearing was

22 conducted neither the finding of the court nor any

23 transcript or other record of the hearing shall be

24 admissible in the State's case in chief, but shall be

25 admissible for impeachment, or as provided in Section

26 115-10.1 of this Code, or in a perjury proceeding.

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1 (B) A motion by the defendant to suppress evidence

2 or to suppress a confession shall not be entertained.

3 Evidence that proof may have been obtained as the

4 result of an unlawful search and seizure or through

5 improper interrogation is not relevant to this state

6 of the prosecution.

7 (2) The facts relied upon by the court to support a

8 finding that the defendant poses a real and present threat

9 to the physical safety of any person or persons shall be

10 supported by clear and convincing evidence presented by

11 the State.

12 (d) Factors to be considered in making a determination of

13 dangerousness. The court may, in determining whether the

14 defendant poses a real and present threat to the physical

15 safety of any person or persons, consider but shall not be

16 limited to evidence or testimony concerning:

17 (1) The nature and circumstances of any offense

18 charged, including whether the offense is a crime of

19 violence, involving a weapon.

20 (2) The history and characteristics of the defendant

21 including:

22 (A) Any evidence of the defendant's prior criminal

23 history indicative of violent, abusive or assaultive

24 behavior, or lack of such behavior. Such evidence may

25 include testimony or documents received in juvenile

26 proceedings, criminal, quasi-criminal, civil

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1 commitment, domestic relations or other proceedings.

2 (B) Any evidence of the defendant's psychological,

3 psychiatric or other similar social history which

4 tends to indicate a violent, abusive, or assaultive

5 nature, or lack of any such history.

6 (3) The identity of any person or persons to whose

7 safety the defendant is believed to pose a threat, and the

8 nature of the threat;

9 (4) Any statements made by, or attributed to the

10 defendant, together with the circumstances surrounding

11 them;

12 (5) The age and physical condition of any person

13 assaulted by the defendant;

14 (6) Whether the defendant is known to possess or have

15 access to any weapon or weapons;

16 (7) Whether, at the time of the current offense or any

17 other offense or arrest, the defendant was on probation,

18 parole, aftercare release, mandatory supervised release or

19 other release from custody pending trial, sentencing,

20 appeal or completion of sentence for an offense under

21 federal or state law;

22 (8) Any other factors, including those listed in

23 Section 110-5 of this Article deemed by the court to have a

24 reasonable bearing upon the defendant's propensity or

25 reputation for violent, abusive or assaultive behavior, or

26 lack of such behavior.

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1 (e) Detention order. The court shall, in any order for

2 detention:

3 (1) briefly summarize the evidence of the defendant's

4 culpability and its reasons for concluding that the

5 defendant should be held without bail;

6 (2) direct that the defendant be committed to the

7 custody of the sheriff for confinement in the county jail

8 pending trial;

9 (3) direct that the defendant be given a reasonable

10 opportunity for private consultation with counsel, and for

11 communication with others of his choice by visitation,

12 mail and telephone; and

13 (4) direct that the sheriff deliver the defendant as

14 required for appearances in connection with court

15 proceedings.

16 (f) If the court enters an order for the detention of the

17 defendant pursuant to subsection (e) of this Section, the

18 defendant shall be brought to trial on the offense for which he

19 is detained within 90 days after the date on which the order

20 for detention was entered. If the defendant is not brought to

21 trial within the 90 day period required by the preceding

22 sentence, he shall not be held longer without bail. In

23 computing the 90 day period, the court shall omit any period of

24 delay resulting from a continuance granted at the request of

25 the defendant.

26 (g) Rights of the defendant. Any person shall be entitled

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1 to appeal any order entered under this Section denying bail to

2 the defendant.

3 (h) The State may appeal any order entered under this

4 Section denying any motion for denial of bail.

5 (i) Nothing in this Section shall be construed as

6 modifying or limiting in any way the defendant's presumption

7 of innocence in further criminal proceedings.

8 (Source: P.A. 98-558, eff. 1-1-14.)

9 (Text of Section after amendment by P.A. 101-652)

10 Sec. 110-6.1. Denial of pretrial release.

11 (a) Upon verified petition by the State, the court shall

12 hold a hearing and may deny a defendant pretrial release only

13 if:

14 (1) the defendant is charged with a forcible felony

15 offense for which a sentence of imprisonment, without

16 probation, periodic imprisonment or conditional discharge,

17 is required by law upon conviction, and it is alleged that

18 the defendant's pretrial release poses a specific, real

19 and present threat to any person or the community.;

20 (2) the defendant is charged with stalking or

21 aggravated stalking and it is alleged that the defendant's

22 pre-trial release poses a real and present threat to the

23 physical safety of a victim of the alleged offense, and

24 denial of release is necessary to prevent fulfillment of

25 the threat upon which the charge is based;

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1 (3) the victim of abuse was a family or household

2 member as defined by paragraph (6) of Section 103 of the

3 Illinois Domestic Violence Act of 1986, and the person

4 charged, at the time of the alleged offense, was subject

5 to the terms of an order of protection issued under

6 Section 112A-14 of this Code, or Section 214 of the

7 Illinois Domestic Violence Act of 1986 or previously was

8 convicted of a violation of an order of protection under

9 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

10 Criminal Code of 2012 or a violent crime if the victim was

11 a family or household member as defined by paragraph (6)

12 of the Illinois Domestic Violence Act of 1986 at the time

13 of the offense or a violation of a substantially similar

14 municipal ordinance or law of this or any other state or

15 the United States if the victim was a family or household

16 member as defined by paragraph (6) of Section 103 of the

17 Illinois Domestic Violence Act of 1986 at the time of the

18 offense, and it is alleged that the defendant's pre-trial

19 release poses a real and present threat to the physical

20 safety of any person or persons;

21 (4) the defendant is charged with domestic battery or

22 aggravated domestic battery under Section 12-3.2 or 12-3.3

23 of the Criminal Code of 2012 and it is alleged that the

24 defendant's pretrial release poses a real and present

25 threat to the physical safety of any person or persons;

26 (5) the defendant is charged with any offense under

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1 Article 11 of the Criminal Code of 2012, except for

2 Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal

3 Code of 2012, or similar provisions of the Criminal Code

4 of 1961 and it is alleged that the defendant's pretrial

5 release poses a real and present threat to the physical

6 safety of any person or persons;

7 (6) the defendant is charged with any of these

8 violations under the Criminal Code of 2012 and it is

9 alleged that the defendant's pretrial releases poses a

10 real and present threat to the physical safety of any

11 specifically identifiable person or persons.

12 (A) Section 24-1.2 (aggravated discharge of a

13 firearm);

14 (B) Section 24-2.5 (aggravated discharge of a

15 machine gun ~~or a firearm equipped with a device~~

16 ~~designed or use for silencing the report of a~~

17 ~~firearm~~);

18 (C) Section 24-1.5 (reckless discharge of a

19 firearm);

20 (D) Section 24-1.7 (armed habitual criminal);

21 (E) Section 24-2.2 2 (manufacture, sale or

22 transfer of bullets or shells represented to be armor

23 piercing bullets, dragon's breath shotgun shells, bolo

24 shells or flechette shells);

25 (F) Section 24-3 (unlawful sale or delivery of

26 firearms);

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1 (G) Section 24-3.3 (unlawful sale or delivery of

2 firearms on the premises of any school);

3 (H) Section 24-34 (unlawful sale of firearms by

4 liquor license);

5 (I) Section 24-3.5 {unlawful purchase of a

6 firearm);

7 (J) Section 24-3A (gunrunning); or

8 (K) Section on 24-3B (firearms trafficking );

9 (L) Section 10-9 (b) (involuntary servitude);

10 (M) Section 10-9 (c) (involuntary sexual servitude

11 of a minor);

12 (N) Section 10-9(d) (trafficking in persons);

13 (O) Non-probationable violations: (i) (unlawful

14 use or possession of weapons by felons or persons in

15 the Custody of the Department of Corrections

16 facilities (Section 24-1.1), (ii) aggravated unlawful

17 use of a weapon (Section 24-1.6, or (iii) aggravated

18 possession of a stolen firearm (Section 24-3.9);

19 (7) the person has a high likelihood of willful flight

20 to avoid prosecution and is charged with:

21 (A) Any felony described in Sections (a)(1)

22 through (a)(5) of this Section; or

23 (B) A felony offense other than a Class 4 offense.

24 (b) If the charged offense is a felony, the Court shall

25 hold a hearing pursuant to 109-3 of this Code to determine

26 whether there is probable cause the defendant has committed an

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1 offense, unless a grand jury has returned a true bill of

2 indictment against the defendant. If there is a finding of no

3 probable cause, the defendant shall be released. No such

4 finding is necessary if the defendant is charged with a

5 misdemeanor.

6 (c) Timing of petition.

7 (1) A petition may be filed without prior notice to

8 the defendant at the first appearance before a judge, or

9 within the 21 calendar days, except as provided in Section

10 110-6, after arrest and release of the defendant upon

11 reasonable notice to defendant; provided that while such

12 petition is pending before the court, the defendant if

13 previously released shall not be detained.

14 (2) (2) Upon filing, the court shall immediately hold

15 a hearing on the petition unless a continuance is

16 requested. If a continuance is requested, the hearing

17 shall be held within 48 hours of the defendant's first

18 appearance if the defendant is charged with a Class X,

19 Class 1, Class 2, or Class 3 felony, and within 24 hours if

20 the defendant is charged with a Class 4 or misdemeanor

21 offense. The Court may deny and or grant the request for

22 continuance. If the court decides to grant the

23 continuance, the Court retains the discretion to detain or

24 release the defendant in the time between the filing of

25 the petition and the hearing.

26 (d) Contents of petition.

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1 (1) The petition shall be verified by the State and

2 shall state the grounds upon which it contends the

3 defendant should be denied pretrial release, including the

4 identity of the specific person or persons the State

5 believes the defendant poses a danger to.

6 (2) Only one petition may be filed under this Section.

7 (e) Eligibility: All defendants shall be presumed eligible

8 for pretrial release, and the State shall bear the burden of

9 proving by clear and convincing evidence that:

10 (1) the proof is evident or the presumption great that

11 the defendant has committed an offense listed in

12 paragraphs (1) through (6) of subsection (a), and

13 (2) the defendant poses a real and present threat to

14 the safety of a specific, identifiable person or persons,

15 by conduct which may include, but is not limited to, a

16 forcible felony, the obstruction of justice, intimidation,

17 injury, or abuse as defined by paragraph (1) of Section

18 103 of the Illinois Domestic Violence Act of 1986, and

19 (3) no condition or combination of conditions set

20 forth in subsection (b) of Section 110-10 of this Article

21 can mitigate the real and present threat to the safety of

22 any person or persons or the defendant's willful flight.

23 (f) Conduct of the hearings.

24 (1) Prior to the hearing the State shall tender to the

25 defendant copies of defendant's criminal history

26 available, any written or recorded statements, and the

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1 substance of any oral statements made by any person, if

2 relied upon by the State in its petition, and any police

3 reports in the State's Attorney's possession at the time

4 of the hearing that are required to be disclosed to the

5 defense under Illinois Supreme Court rules.

6 (2) The State or defendant may present evidence at the

7 hearing by way of proffer based upon reliable information.

8 (3) The defendant has the right to be represented by

9 counsel, and if he or she is indigent, to have counsel

10 appointed for him or her. The defendant shall have the

11 opportunity to testify, to present witnesses on his or her

12 own behalf, and to cross-examine any witnesses that are

13 called by the State.

14 (4) If the defense seeks to call the complaining

15 witness as a witness in its favor, it shall petition the

16 court for permission. When the ends of justice so require,

17 the court may exercise its discretion and compel the

18 appearance of a complaining witness. The court shall state

19 on the record reasons for granting a defense request to

20 compel the presence of a complaining witness. In making a

21 determination under this section, the court shall state on

22 the record the reason for granting a defense request to

23 compel the presence of a complaining witness, and only

24 grant the request if the court finds by clear and

25 convincing evidence that the defendant will be materially

26 prejudiced if the complaining witness does not appear.

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1 Cross-examination of a complaining witness at the pretrial

2 detention hearing for the purpose of impeaching the

3 witness' credibility is insufficient reason to compel the

4 presence of the witness. In deciding whether to compel the

5 appearance of a complaining witness, the court shall be

6 considerate of the emotional and physical well-being of

7 the witness. The pre-trial detention hearing is not to be

8 used for purposes of discovery, and the post arraignment

9 rules of discovery do not apply.

10 (5) The rules concerning the admissibility of evidence

11 in criminal trials do not apply to the presentation and

12 consideration of information at the hearing. At the trial

13 concerning the offense for which the hearing was conducted

14 neither the finding of the court nor any transcript or

15 other record of the hearing shall be admissible in the

16 State's case in chief, but shall be admissible for

17 impeachment, or as provided in Section 115-10.1 of this

18 Code, or in a perjury proceeding.

19 (6) The defendant may not move to suppress evidence or

20 a confession, however, evidence that proof of the charged

21 crime may have been the result of an unlawful search or

22 seizure, or both, or through improper interrogation, is

23 relevant in assessing the weight of the evidence against

24 the defendant.

25 (7) Decisions regarding release, conditions of release

26 and detention prior trial should be individualized, and no

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1 single factor or standard should be used exclusively to

2 make a condition or detention decision.

3 (g) Factors to be considered in making a determination of

4 dangerousness. The court may, in determining whether the

5 defendant poses a specific, imminent threat of serious

6 physical harm to an identifiable person or persons, consider

7 but shall not be limited to evidence or testimony concerning:

8 (1) The nature and circumstances of any offense

9 charged, including whether the offense is a crime of

10 violence, involving a weapon, or a sex offense.

11 (2) The history and characteristics of the defendant

12 including:

13 (A) Any evidence of the defendant's prior criminal

14 history indicative of violent, abusive or assaultive

15 behavior, or lack of such behavior. Such evidence may

16 include testimony or documents received in juvenile

17 proceedings, criminal, quasi-criminal, civil

18 commitment, domestic relations or other proceedings.

19 (B) Any evidence of the defendant's psychological,

20 psychiatric or other similar social history which

21 tends to indicate a violent, abusive, or assaultive

22 nature, or lack of any such history.

23 (3) The identity of any person or persons to whose

24 safety the defendant is believed to pose a threat, and the

25 nature of the threat;

26 (4) Any statements made by, or attributed to the

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1 defendant, together with the circumstances surrounding

2 them;

3 (5) The age and physical condition of the defendant;

4 (6) The age and physical condition of any victim or

5 complaining witness;

6 (7) Whether the defendant is known to possess or have

7 access to any weapon or weapons;

8 (8) Whether, at the time of the current offense or any

9 other offense or arrest, the defendant was on probation,

10 parole, aftercare release, mandatory supervised release or

11 other release from custody pending trial, sentencing,

12 appeal or completion of sentence for an offense under

13 federal or state law;

14 (9) Any other factors, including those listed in

15 Section 110-5 of this Article deemed by the court to have a

16 reasonable bearing upon the defendant's propensity or

17 reputation for violent, abusive or assaultive behavior, or

18 lack of such behavior.

19 (h) Detention order. The court shall, in any order for

20 detention:

21 (1) briefly summarize the evidence of the defendant's

22 guilt or innocence, and the court's reasons for concluding

23 that the defendant should be denied pretrial release;

24 (2) direct that the defendant be committed to the

25 custody of the sheriff for confinement in the county jail

26 pending trial;

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1 (3) direct that the defendant be given a reasonable

2 opportunity for private consultation with counsel, and for

3 communication with others of his or her choice by

4 visitation, mail and telephone; and

5 (4) direct that the sheriff deliver the defendant as

6 required for appearances in connection with court

7 proceedings.

8 (i) Detention. If the court enters an order for the

9 detention of the defendant pursuant to subsection (e) of this

10 Section, the defendant shall be brought to trial on the

11 offense for which he is detained within 90 days after the date

12 on which the order for detention was entered. If the defendant

13 is not brought to trial within the 90 day period required by

14 the preceding sentence, he shall not be denied pretrial

15 release. In computing the 90 day period, the court shall omit

16 any period of delay resulting from a continuance granted at

17 the request of the defendant.

18 (j) Rights of the defendant. Any person shall be entitled

19 to appeal any order entered under this Section denying

20 pretrial release to the defendant.

21 (k) Appeal. The State may appeal any order entered under

22 this Section denying any motion for denial of pretrial

23 release.

24 (l) Presumption of innocence. Nothing in this Section

25 shall be construed as modifying or limiting in any way the

26 defendant's presumption of innocence in further criminal

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1 proceedings.

2 (m) Victim notice.

3 (1) Crime victims shall be given notice by the State's

4 Attorney's office of this hearing as required in paragraph

5 (1) of subsection (b) of Section 4.5 of the Rights of Crime

6 Victims and Witnesses Act and shall be informed of their

7 opportunity at this hearing to obtain an order of

8 protection under Article 112A of this Code.

9 (Source: P.A. 101-652, eff. 1-1-23.)

10 Section 95. No acceleration or delay. Where this Act makes

11 changes in a statute that is represented in this Act by text

12 that is not yet or no longer in effect (for example, a Section

13 represented by multiple versions), the use of that text does

14 not accelerate or delay the taking effect of (i) the changes

15 made by this Act or (ii) provisions derived from any other

16 Public Act.