HB1373 EngrossedLRB104 07544 RLC 17588 b


1    AN ACT concerning criminal law.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 2-13 and 24-8 as follows:

6    (720 ILCS 5/2-13)    (from Ch. 38, par. 2-13)
7    Sec. 2-13. "Peace officer". "Peace officer" means (i) any 
8person who by virtue of the person's his office or public 
9employment is vested by law with a duty to maintain public 
10order or to make arrests for offenses, whether that duty 
11extends to all offenses or is limited to specific offenses, or 
12(ii) any person who, by statute, is granted and authorized to 
13exercise powers similar to those conferred upon any peace 
14officer employed by a law enforcement agency of this State.
15    For purposes of Sections concerning unlawful possession of 
16weapons, for the purposes of assisting an Illinois peace 
17officer in an arrest, or when the commission of any offense 
18under Illinois law is directly observed by the person, and 
19statutes involving the false personation of a peace officer, 
20false personation of a peace officer while carrying a deadly 
21weapon, false personation of a peace officer in attempting or 
22committing a felony, and false personation of a peace officer 
23in attempting or committing a forcible felony, then officers, 
 
 
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1agents, or employees of the federal government commissioned by 
2federal statute to make arrests for violations of federal 
3criminal laws shall be considered "peace officers" under this 
4Code, including, but not limited to, all criminal 
5investigators of:
6        (1) the United States Department of Justice, the 
7 Federal Bureau of Investigation, the Bureau of Alcohol, 
8 Tobacco, Firearms and Explosives, and the Drug Enforcement 
9 Administration and all United States Marshals or Deputy 
10 United States Marshals whose duties involve the 
11 enforcement of federal criminal laws;
12        (1.5) the United States Department of Homeland 
13 Security, United States Citizenship and Immigration 
14 Services, United States Coast Guard, United States Customs 
15 and Border Protection, and United States Immigration and 
16 Customs Enforcement; 
17        (2) the United States Department of the Treasury, the 
18 Alcohol and Tobacco Tax and Trade Bureau, and the United 
19 States Secret Service;
20        (3) the United States Internal Revenue Service;
21        (4) the United States General Services Administration;
22        (5) the United States Postal Service;
23        (6) (blank); and
24        (7) the United States Department of Defense. 
25(Source: P.A. 102-558, eff. 8-20-21; 103-822, eff. 1-1-25.)

 
 
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1    (720 ILCS 5/24-8)
2    Sec. 24-8. Firearm evidence. 
3    (a) Upon seizing or taking into custody recovering a 
4firearm that was (i) unlawfully possessed, (ii) used for any 
5unlawful purpose, (iii) recovered from the scene of a crime, 
6or (iv) reasonably believed to have been used or associated 
7with the commission of a crime, or when a firearm is acquired 
8by the law enforcement agency as an abandoned, lost, or 
9discarded firearm, from the possession of anyone who is not 
10permitted by federal or State law to possess a firearm, a law 
11enforcement agency shall use the best available information, 
12including a firearms trace when necessary, to determine how 
13and from whom the person gained possession of the firearm and . 
14Upon recovering a firearm that was used in the commission of 
15any offense classified as a felony or upon recovering a 
16firearm that appears to have been lost, mislaid, stolen, or 
17otherwise unclaimed, a law enforcement agency shall use the 
18best available information, including a firearms trace, to 
19determine prior ownership of the firearm.
20    (b) Law enforcement shall, when appropriate, use the 
21National Tracing Center of the Federal Bureau of Alcohol, 
22Tobacco, and Firearms and Explosives and the National Crime 
23Information Center of the Federal Bureau of Investigation in 
24complying with subsection (a) of this Section.
25    (b-5) Law enforcement shall use the National Tracing 
26Center of the Federal Bureau of Alcohol, Tobacco, Firearms and 
 
 
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1Explosives' eTrace platform or successor platform in complying 
2with subsection (a). Law enforcement shall participate in the 
3National Tracing Center of the Federal Bureau of Alcohol, 
4Tobacco, Firearms and Explosives' eTrace platform or successor 
5platform's collective data sharing program for the purpose of 
6sharing firearm trace reports among all law enforcement 
7agencies in this State on a reciprocal basis.    
8    (c) Law enforcement agencies shall use the Illinois State 
9Police Law Enforcement Agencies Data System (LEADS) Gun File 
10to enter all stolen, seized, or recovered firearms as 
11prescribed by LEADS regulations and policies.
12    (d) Whenever a law enforcement agency recovers a fired 
13cartridge case at a crime scene or has reason to believe that 
14the recovered fired cartridge case is related to or associated 
15with the commission of a crime, the law enforcement agency 
16shall submit the evidence to the National Integrated 
17Ballistics Information Network (NIBIN) or an Illinois State 
18Police laboratory for NIBIN processing. Whenever a law 
19enforcement agency seizes or recovers a semiautomatic firearm 
20that is deemed suitable to be entered into the NIBIN that was: 
21(i) unlawfully possessed, (ii) used for any unlawful purpose, 
22(iii) recovered from the scene of a crime, (iv) is reasonably 
23believed to have been used or associated with the commission 
24of a crime, or (v) is acquired by the law enforcement agency as 
25an abandoned or discarded firearm, the law enforcement agency 
26shall submit the evidence to the NIBIN or an Illinois State 
 
 
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1Police laboratory for NIBIN processing. When practicable, all 
2NIBIN-suitable evidence and NIBIN-suitable test fires from 
3recovered firearms shall be entered into the NIBIN within 2 
4business days of submission to Illinois State Police 
5laboratories that have NIBIN access or another NIBIN site. 
6Exceptions to this may occur if the evidence in question 
7requires analysis by other forensic disciplines. The Illinois 
8State Police laboratory, submitting agency, and relevant court 
9representatives shall determine whether the request for 
10additional analysis outweighs the 2 business-day requirement. 
11Illinois State Police laboratories that do not have NIBIN 
12access shall submit NIBIN-suitable evidence and test fires to 
13an Illinois State Police laboratory with NIBIN access. Upon 
14receipt at the laboratory with NIBIN access, when practicable, 
15the evidence and test fires shall be entered into the NIBIN 
16within 2 business days. Exceptions to this 2 business-day 
17requirement may occur if the evidence in question requires 
18analysis by other forensic disciplines. The Illinois State 
19Police laboratory, submitting agency, and relevant court 
20representatives shall determine whether the request for 
21additional analysis outweighs the 2 business-day requirement. 
22Nothing in this Section shall be interpreted to conflict with 
23standards and policies for NIBIN sites as promulgated by the 
24federal Bureau of Alcohol, Tobacco, Firearms and Explosives or 
25successor agencies. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2    Section 99. Effective date. This Act takes effect upon 
3becoming law.