99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3357

Introduced , by Rep. Thomas Bennett

SYNOPSIS AS INTRODUCED:
See Index

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

A BILL FOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB3357- 31 -LRB099 07578 RLC 27707 b
1activity under this Act unless the person possesses a valid
2permanent employee registration card or a valid license under
3this Act, or is exempt pursuant to subsection (n).
4 (k) Notwithstanding the provisions of subsection (j), an
5agency may employ a person in a temporary capacity if all of
6the following conditions are met:
7 (1) The agency completes in its entirety and submits to
8 the Department an application for a permanent employee
9 registration card, including the required fingerprint
10 receipt and fees.
11 (2) The agency has verification from the Department
12 that the applicant has no record of any criminal conviction
13 pursuant to the criminal history check conducted by the
14 Department of State Police. The agency shall maintain the
15 verification of the results of the Department of State
16 Police criminal history check as part of the employee
17 record as required under subsection (e) of this Section.
18 (3) The agency exercises due diligence to ensure that
19 the person is qualified under the requirements of the Act
20 to be issued a permanent employee registration card.
21 (4) The agency maintains a separate roster of the names
22 of all employees whose applications are currently pending
23 with the Department and submits the roster to the
24 Department on a monthly basis. Rosters are to be maintained
25 by the agency for a period of at least 24 months.
26 An agency may employ only a permanent employee applicant

HB3357- 32 -LRB099 07578 RLC 27707 b
1for which it either submitted a permanent employee application
2and all required forms and fees or it confirms with the
3Department that a permanent employee application and all
4required forms and fees have been submitted by another agency,
5licensee or the permanent employee and all other requirements
6of this Section are met.
7 The Department shall have the authority to revoke, without
8a hearing, the temporary authority of an individual to work
9upon receipt of Federal Bureau of Investigation fingerprint
10data or a report of another official authority indicating a
11criminal conviction. If the Department has not received a
12temporary employee's Federal Bureau of Investigation
13fingerprint data within 120 days of the date the Department
14received the Department of State Police fingerprint data, the
15Department may, at its discretion, revoke the employee's
16temporary authority to work with 15 days written notice to the
17individual and the employing agency.
18 An agency may not employ a person in a temporary capacity
19if it knows or reasonably should have known that the person has
20been convicted of a crime under the laws of this State, has
21been convicted in another state of any crime that is a crime
22under the laws of this State, has been convicted of any crime
23in a federal court, or has been posted as an unapproved
24applicant by the Department. Notice by the Department to the
25agency, via certified mail, personal delivery, electronic
26mail, or posting on the Department's Internet site accessible

HB3357- 33 -LRB099 07578 RLC 27707 b
1to the agency that the person has been convicted of a crime
2shall be deemed constructive knowledge of the conviction on the
3part of the agency. The Department may adopt rules to implement
4this subsection (k).
5 (l) No person may be employed under this Section in any
6capacity if:
7 (1) the person, while so employed, is being paid by the
8 United States or any political subdivision for the time so
9 employed in addition to any payments he or she may receive
10 from the employer; or
11 (2) the person wears any portion of his or her official
12 uniform, emblem of authority, or equipment while so
13 employed.
14 (m) If information is discovered affecting the
15registration of a person whose fingerprints were submitted
16under this Section, the Department shall so notify the agency
17that submitted the fingerprints on behalf of that person.
18 (n) Peace officers shall be exempt from the requirements of
19this Section relating to permanent employee registration
20cards. The agency shall remain responsible for any peace
21officer employed under this exemption, regardless of whether
22the peace officer is compensated as an employee or as an
23independent contractor and as further defined by rule.
24 (o) Persons who have no access to confidential or security
25information, who do not go to a client's or prospective
26client's residence or place of business, and who otherwise do

HB3357- 34 -LRB099 07578 RLC 27707 b
1not provide traditional security services are exempt from
2employee registration. Examples of exempt employees include,
3but are not limited to, employees working in the capacity of
4ushers, directors, ticket takers, cashiers, drivers, and
5reception personnel. Confidential or security information is
6that which pertains to employee files, scheduling, client
7contracts, or technical security and alarm data.
8 (p) An applicant who is 21 years of age or older seeking a
9religious exemption to the photograph requirement of this
10Section shall furnish with the application an approved copy of
11United States Department of the Treasury Internal Revenue
12Service Form 4029. Regardless of age, an applicant seeking a
13religious exemption to this photograph requirement shall
14submit fingerprints in a form and manner prescribed by the
15Department with his or her application in lieu of a photograph.
16(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
17 (225 ILCS 447/35-35)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 35-35. Requirement of a firearm control card.
20 (a) No person shall perform duties that include the use,
21carrying, or possession of a firearm in the performance of
22those duties without complying with the provisions of this
23Section and having been issued a valid firearm control card by
24the Department.
25 (b) No employer shall employ any person to perform the

HB3357- 35 -LRB099 07578 RLC 27707 b
1duties for which licensure or employee registration is required
2and allow that person to carry a firearm unless that person has
3complied with all the firearm training requirements of this
4Section and has been issued a firearm control card. This Act
5permits only the following to carry firearms while actually
6engaged in the performance of their duties or while commuting
7directly to or from their places of employment: persons
8licensed as private detectives and their registered employees;
9persons licensed as private security contractors and their
10registered employees; persons licensed as private alarm
11contractors and their registered employees; and employees of a
12registered armed proprietary security force.
13 (c) Possession of a valid firearm control card allows a
14licensee or employee to carry a firearm not otherwise
15prohibited by law while the licensee or employee is engaged in
16the performance of his or her duties or while the licensee or
17employee is commuting directly to or from the licensee's or
18employee's place or places of employment.
19 (d) The Department shall issue a firearm control card to a
20person who has passed an approved firearm training course, who
21is currently licensed or employed by an agency licensed by this
22Act and has met all the requirements of this Act, and who is
23not prohibited under State or federal law from possessing a
24firearm possesses a valid firearm owner identification card.
25Application for the firearm control card shall be made by the
26employer to the Department on forms provided by the Department.

HB3357- 36 -LRB099 07578 RLC 27707 b
1The Department shall forward the card to the employer who shall
2be responsible for its issuance to the licensee or employee.
3The firearm control card shall be issued by the Department and
4shall identify the person holding it and the name of the course
5where the licensee or employee received firearm instruction and
6shall specify the type of weapon or weapons the person is
7authorized by the Department to carry and for which the person
8has been trained.
9 (e) Expiration and requirements for renewal of firearm
10control cards shall be determined by rule.
11 (f) The Department may, in addition to any other
12disciplinary action permitted by this Act, refuse to issue,
13suspend, or revoke a firearm control card if the applicant or
14holder has been convicted of any felony or crime involving the
15illegal use, carrying, or possession of a deadly weapon or for
16a violation of this Act or rules adopted promulgated under this
17Act. The Department shall refuse to issue or shall revoke a
18firearm control card if the applicant or holder is prohibited
19under State or federal law from possessing a firearm fails to
20possess a valid firearm owners identification card without
21hearing. The Secretary shall summarily suspend a firearm
22control card if the Secretary finds that its continued use
23would constitute an imminent danger to the public. A hearing
24shall be held before the Board within 30 days if the Secretary
25summarily suspends a firearm control card.
26 (g) Notwithstanding any other provision of this Act to the

HB3357- 37 -LRB099 07578 RLC 27707 b
1contrary, all requirements relating to firearms control cards
2do not apply to a peace officer.
3 (h) The Department may issue a temporary firearm control
4card pending issuance of a new firearm control card upon an
5agency's acquiring of an established armed account. An agency
6that has acquired armed employees as a result of acquiring an
7established armed account may, on forms supplied by the
8Department, request the issuance of a temporary firearm control
9card for each acquired employee who held a valid firearm
10control card under his or her employment with the newly
11acquired established armed account immediately preceding the
12acquiring of the account and who continues to meet all of the
13qualifications for issuance of a firearm control card set forth
14in this Act and any rules adopted under this Act. The
15Department shall, by rule, set the fee for issuance of a
16temporary firearm control card.
17 (i) The Department shall not issue a firearm control card
18to a licensed fingerprint vendor or a licensed locksmith or
19employees of a licensed fingerprint vendor agency or a licensed
20locksmith agency.
21(Source: P.A. 98-253, eff. 8-9-13.)
22 Section 50. The Mental Health and Developmental
23Disabilities Code is amended by changing Sections 6-103.1,
246-103.2, and 6-103.3 as follows:

HB3357- 38 -LRB099 07578 RLC 27707 b
1 (405 ILCS 5/6-103.1)
2 Sec. 6-103.1. Adjudication as a mentally disabled person.
3When a person has been adjudicated as a mentally disabled
4person as defined in Section 1.1 of the Firearm Owners
5Identification Card Act, including, but not limited to, an
6adjudication as a disabled person as defined in Section 11a-2
7of the Probate Act of 1975, the court shall direct the circuit
8court clerk to notify the Department of State Police, Firearm
9Owner's Identification (FOID) Office, in a form and manner
10prescribed by the Department of State Police, and shall forward
11a copy of the court order to the Department no later than 7
12days after the entry of the order. Upon receipt of the order,
13the Department of State Police shall provide notification to
14the National Instant Criminal Background Check System. For
15purposes of this Section, "has been adjudicated as a mentally
16disabled person" means the person is the subject of a
17determination by a court, board, commission, or other lawful
18authority that the person, as a result of marked subnormal
19intelligence, or mental illness, mental impairment,
20incompetency, condition, or disease:
21 (1) presents a clear and present danger to himself,
22 herself, or to others;
23 (2) lacks the mental capacity to manage his or her own
24 affairs or is adjudicated a disabled person as defined in
25 Section 11a-2 of the Probate Act of 1975;
26 (3) is not guilty in a criminal case by reason of

HB3357- 39 -LRB099 07578 RLC 27707 b
1 insanity, mental disease or defect;
2 (3.5) is guilty but mentally ill, as provided in
3 Section 5-2-6 of the Unified Code of Corrections;
4 (4) is incompetent to stand trial in a criminal case;
5 (5) is not guilty by reason of lack of mental
6 responsibility under Articles 50a and 72b of the Uniform
7 Code of Military Justice, 10 U.S.C. 850a, 876b;
8 (6) is a sexually violent person under subsection (f)
9 of Section 5 of the Sexually Violent Persons Commitment
10 Act;
11 (7) is a sexually dangerous person under the Sexually
12 Dangerous Persons Act;
13 (8) is unfit to stand trial under the Juvenile Court
14 Act of 1987;
15 (9) is not guilty by reason of insanity under the
16 Juvenile Court Act of 1987;
17 (10) is subject to involuntary admission as an
18 inpatient as defined in Section 1-119 of the Mental Health
19 and Developmental Disabilities Code;
20 (11) is subject to involuntary admission as an
21 outpatient as defined in Section 1-119.1 of the Mental
22 Health and Developmental Disabilities Code;
23 (12) is subject to judicial admission as set forth in
24 Section 4-500 of the Mental Health and Developmental
25 Disabilities Code; or
26 (13) is subject to the provisions of the Interstate

HB3357- 40 -LRB099 07578 RLC 27707 b
1 Agreements on Sexually Dangerous Persons Act.
2(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
3 (405 ILCS 5/6-103.2)
4 Sec. 6-103.2. Developmental disability; notice. For
5purposes of this Section, if a person is determined to be
6developmentally disabled as defined in Section 1.1 of the
7Firearm Owners Identification Card Act by a physician, clinical
8psychologist, or qualified examiner, whether practicing at a
9public or by a private mental health facility or developmental
10disability facility, the physician, clinical psychologist, or
11qualified examiner shall notify the Department of Human
12Services within 24 hours of making the determination that the
13person has a developmental disability. The Department of Human
14Services shall immediately update its records and information
15relating to mental health and developmental disabilities, and
16if appropriate, shall notify the Department of State Police in
17a form and manner prescribed by the Department of State Police.
18Information disclosed under this Section shall remain
19privileged and confidential, and shall not be redisclosed,
20except as required under clause (e)(2) of Section 24-4.5 of the
21Criminal Code of 2012 subsection (e) of Section 3.1 of the
22Firearm Owners Identification Card Act, nor used for any other
23purpose. The method of providing this information shall
24guarantee that the information is not released beyond that
25which is necessary for the purpose of this Section and shall be

HB3357- 41 -LRB099 07578 RLC 27707 b
1provided by rule by the Department of Human Services. The
2identity of the person reporting under this Section shall not
3be disclosed to the subject of the report.
4 The physician, clinical psychologist, or qualified
5examiner making the determination and his or her employer may
6not be held criminally, civilly, or professionally liable for
7making or not making the notification required under this
8Section, except for willful or wanton misconduct.
9 In this Section, "developmentally disabled" has the
10meaning ascribed to it in Section 12 of the Mental Health and
11Developmental Disabilities Confidentiality Act.
12(Source: P.A. 98-63, eff. 7-9-13.)
13 (405 ILCS 5/6-103.3)
14 Sec. 6-103.3. Clear and present danger; notice. If a person
15is determined to pose a clear and present danger to himself,
16herself, or to others by a physician, clinical psychologist, or
17qualified examiner, whether employed by the State, by any
18public or private mental health facility or part thereof, or by
19a law enforcement official or a school administrator, then the
20physician, clinical psychologist, qualified examiner shall
21notify the Department of Human Services and a law enforcement
22official or school administrator shall notify the Department of
23State Police, within 24 hours of making the determination that
24the person poses a clear and present danger. The Department of
25Human Services shall immediately update its records and

HB3357- 42 -LRB099 07578 RLC 27707 b
1information relating to mental health and developmental
2disabilities, and if appropriate, shall notify the Department
3of State Police in a form and manner prescribed by the
4Department of State Police. Information disclosed under this
5Section shall remain privileged and confidential, and shall not
6be redisclosed, except as required under clause (e)(2) of
7Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
8Section 3.1 of the Firearm Owners Identification Card Act, nor
9used for any other purpose. The method of providing this
10information shall guarantee that the information is not
11released beyond that which is necessary for the purpose of this
12Section and shall be provided by rule by the Department of
13Human Services. The identity of the person reporting under this
14Section shall not be disclosed to the subject of the report.
15The physician, clinical psychologist, qualified examiner, law
16enforcement official, or school administrator making the
17determination and his or her employer shall not be held
18criminally, civilly, or professionally liable for making or not
19making the notification required under this Section, except for
20willful or wanton misconduct. This Section does not apply to a
21law enforcement official, if making the notification under this
22Section will interfere with an ongoing or pending criminal
23investigation.
24 For the purposes of this Section:
25 "Clear and present danger" means a person who:
26 (1) communicates a serious threat of physical

HB3357- 43 -LRB099 07578 RLC 27707 b
1 violence against a reasonably identifiable victim or
2 poses a clear and imminent risk of serious physical
3 injury to himself, herself, or another person as
4 determined by a physician, clinical psychologist, or
5 qualified examiner; or
6 (2) demonstrates threatening physical or verbal
7 behavior, such as violent, suicidal, or assaultive
8 threats, actions, or other behavior, as determined by a
9 physician, clinical psychologist, qualified examiner,
10 school administrator, or law enforcement official.
11 "Physician", "clinical psychologist", and "qualified
12 examiner" have the meanings ascribed to them in the Mental
13 Health and Developmental Disabilities Code has the meaning
14 ascribed to it in Section 1.1 of the Firearm Owners
15 Identification Card Act.
16 "School administrator" means the person required to
17 report under the School Administrator Reporting of Mental
18 Health Clear and Present Danger Determinations Law.
19(Source: P.A. 98-63, eff. 7-9-13.)
20 Section 55. The Lead Poisoning Prevention Act is amended by
21changing Section 2 as follows:
22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
23 Sec. 2. Definitions. As used in this Act:
24 "Child care facility" means any structure used by a child

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

HB3357- 45 -LRB099 07578 RLC 27707 b
1proximity to highway traffic or heavy local traffic or both,
2percentage of housing determined as rental or vacant, proximity
3to industry using lead, established incidence of elevated blood
4lead levels in children, percentage of population living below
5200% of federal poverty guidelines, and number of children
6residing in the area who are 6 years of age or younger.
7 "Lead abatement" means any approved work practices that
8will permanently eliminate lead exposure or remove the
9lead-bearing substances in a regulated facility. The
10Department shall establish by rule which work practices are
11approved or prohibited for lead abatement.
12 "Lead abatement contractor" means any person or entity
13licensed by the Department to perform lead abatement and
14mitigation.
15 "Lead abatement supervisor" means any person employed by a
16lead abatement contractor and licensed by the Department to
17perform lead abatement and lead mitigation and to supervise
18lead workers who perform lead abatement and lead mitigation.
19 "Lead abatement worker" means any person employed by a lead
20abatement contractor and licensed by the Department to perform
21lead abatement and mitigation.
22 "Lead activities" means the conduct of any lead services,
23including, lead inspection, lead risk assessment, lead
24mitigation, or lead abatement work or supervision in a
25regulated facility.
26 "Lead-bearing substance" means any item containing or

HB3357- 46 -LRB099 07578 RLC 27707 b
1coated with lead such that the lead content is more than
2six-hundredths of one percent (0.06%) lead by total weight; or
3any dust on surfaces or in furniture or other nonpermanent
4elements of the regulated facility; or any paint or other
5surface coating material containing more than five-tenths of
6one percent (0.5%) lead by total weight (calculated as lead
7metal) in the total non-volatile content of liquid paint; or
8lead-bearing substances containing greater than one milligram
9per square centimeter or any lower standard for lead content in
10residential paint as may be established by federal law or rule
11; or more than 1 milligram per square centimeter in the dried
12film of paint or previously applied substance; or item or dust
13on item containing lead in excess of the amount specified in
14the rules authorized by this Act or a lower standard for lead
15content as may be established by federal law or rule.
16"Lead-bearing substance" does not include firearm ammunition
17or components as defined by Section 2-7.1 of the Criminal Code
18of 2012 the Firearm Owners Identification Card Act.
19 "Lead hazard" means a lead-bearing substance that poses an
20immediate health hazard to humans.
21 "Lead hazard screen" means a lead risk assessment that
22involves limited dust and paint sampling for lead-bearing
23substances and lead hazards. This service is used as a
24screening tool designed to determine if further lead
25investigative services are required for the regulated
26facility.

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

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

HB3357- 49 -LRB099 07578 RLC 27707 b
1surrounding property or structures.
2(Source: P.A. 98-690, eff. 1-1-15.)
3 (430 ILCS 65/Act rep.)
4 Section 60. The Firearm Owners Identification Card Act is
5repealed.
6 Section 65. The Firearm Concealed Carry Act is amended by
7changing Sections 25, 30, 40, 70, 80, and 105 as follows:
8 (430 ILCS 66/25)
9 Sec. 25. Qualifications for a license.
10 The Department shall issue a license to an applicant
11completing an application in accordance with Section 30 of this
12Act if the person:
13 (1) is at least 21 years of age;
14 (2) has a currently valid Firearm Owner's
15 Identification Card and at the time of application meets
16 the requirements for the issuance of a Firearm Owner's
17 Identification Card and is not prohibited under State or
18 the Firearm Owners Identification Card Act or federal law
19 from possessing or receiving a firearm;
20 (3) has not been convicted or found guilty in this
21 State or in any other state of:
22 (A) a misdemeanor involving the use or threat of
23 physical force or violence to any person within the 5

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

HB3357- 51 -LRB099 07578 RLC 27707 b
1Code of 2012."
2 (b) The application shall contain the following:
3 (1) the applicant's name, current address, date and
4 year of birth, place of birth, height, weight, hair color,
5 eye color, maiden name or any other name the applicant has
6 used or identified with, and any address where the
7 applicant resided for more than 30 days within the 10 years
8 preceding the date of the license application;
9 (2) the applicant's valid driver's license number or
10 valid state identification card number;
11 (3) a waiver of the applicant's privacy and
12 confidentiality rights and privileges under all federal
13 and state laws, including those limiting access to juvenile
14 court, criminal justice, psychological, or psychiatric
15 records or records relating to any institutionalization of
16 the applicant, and an affirmative request that a person
17 having custody of any of these records provide it or
18 information concerning it to the Department;
19 (4) an affirmation that the applicant is not prohibited
20 under State or federal law from possessing or receiving a
21 firearm possesses a currently valid Firearm Owner's
22 Identification Card and card number if possessed or notice
23 the applicant is applying for a Firearm Owner's
24 Identification Card in conjunction with the license
25 application;
26 (5) an affirmation that the applicant has not been

HB3357- 52 -LRB099 07578 RLC 27707 b
1 convicted or found guilty of:
2 (A) a felony;
3 (B) a misdemeanor involving the use or threat of
4 physical force or violence to any person within the 5
5 years preceding the date of the application; or
6 (C) 2 or more violations related to driving while
7 under the influence of alcohol, other drug or drugs,
8 intoxicating compound or compounds, or any combination
9 thereof, within the 5 years preceding the date of the
10 license application; and
11 (6) whether the applicant has failed a drug test for a
12 drug for which the applicant did not have a prescription,
13 within the previous year, and if so, the provider of the
14 test, the specific substance involved, and the date of the
15 test;
16 (7) written consent for the Department to review and
17 use the applicant's Illinois digital driver's license or
18 Illinois identification card photograph and signature;
19 (8) a full set of fingerprints submitted to the
20 Department in electronic format, provided the Department
21 may accept an application submitted without a set of
22 fingerprints in which case the Department shall be granted
23 30 days in addition to the 90 days provided under
24 subsection (e) of Section 10 of this Act to issue or deny a
25 license;
26 (9) a head and shoulder color photograph in a size

HB3357- 53 -LRB099 07578 RLC 27707 b
1 specified by the Department taken within the 30 days
2 preceding the date of the license application; and
3 (10) a photocopy of any certificates or other evidence
4 of compliance with the training requirements under this
5 Act.
6(Source: P.A. 98-63, eff. 7-9-13.)
7 (430 ILCS 66/40)
8 Sec. 40. Non-resident license applications.
9 (a) For the purposes of this Section, "non-resident" means
10a person who has not resided within this State for more than 30
11days and resides in another state or territory.
12 (b) The Department shall by rule allow for non-resident
13license applications from any state or territory of the United
14States with laws related to firearm ownership, possession, and
15carrying, that are substantially similar to the requirements to
16obtain a license under this Act.
17 (c) A resident of a state or territory approved by the
18Department under subsection (b) of this Section may apply for a
19non-resident license. The applicant shall apply to the
20Department and must meet all of the qualifications established
21in Section 25 of this Act, except for the Illinois residency
22requirement in item (xiv) of paragraph (2) of subsection (a) of
23Section 4 of the Firearm Owners Identification Card Act. The
24applicant shall submit:
25 (1) the application and documentation required under

HB3357- 54 -LRB099 07578 RLC 27707 b
1 Section 30 of this Act and the applicable fee;
2 (2) a notarized document stating that the applicant:
3 (A) is eligible under federal law and the laws of
4 his or her state or territory of residence to own or
5 possess a firearm;
6 (B) if applicable, has a license or permit to carry
7 a firearm or concealed firearm issued by his or her
8 state or territory of residence and attach a copy of
9 the license or permit to the application;
10 (C) understands Illinois laws pertaining to the
11 possession and transport of firearms; , and
12 (D) acknowledges that the applicant is subject to
13 the jurisdiction of the Department and Illinois courts
14 for any violation of this Act; and
15 (3) a photocopy of any certificates or other evidence
16 of compliance with the training requirements under Section
17 75 of this Act; and
18 (4) a head and shoulder color photograph in a size
19 specified by the Department taken within the 30 days
20 preceding the date of the application.
21 (d) In lieu of an Illinois driver's license or Illinois
22identification card, a non-resident applicant shall provide
23similar documentation from his or her state or territory of
24residence. The applicant shall submit In lieu of a valid
25Firearm Owner's Identification Card, the applicant shall
26submit documentation and information required by the

HB3357- 55 -LRB099 07578 RLC 27707 b
1Department to obtain a Firearm Owner's Identification Card,
2including an affidavit that the non-resident meets the mental
3health standards to obtain a firearm under Illinois law, and
4the Department shall ensure that the applicant would meet the
5eligibility criteria under State law to possess a firearm to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8 (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle and the non-resident:
12 (1) is not prohibited from owning or possessing a
13 firearm under federal law;
14 (2) is eligible to carry a firearm in public under the
15 laws of his or her state or territory of residence, as
16 evidenced by the possession of a concealed carry license or
17 permit issued by his or her state of residence, if
18 applicable; and
19 (3) is not in possession of a license under this Act.
20 If the non-resident leaves his or her vehicle unattended,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised
2512-10-14.)

HB3357- 56 -LRB099 07578 RLC 27707 b
1 (430 ILCS 66/70)
2 Sec. 70. Violations.
3 (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee is prohibited from
6possessing a firearm under State or federal law no longer meets
7the eligibility requirements of the Firearm Owners
8Identification Card Act.
9 (b) A license shall be suspended if an order of protection,
10including an emergency order of protection, plenary order of
11protection, or interim order of protection under Article 112A
12of the Code of Criminal Procedure of 1963 or under the Illinois
13Domestic Violence Act of 1986, is issued against a licensee for
14the duration of the order, or if the Department is made aware
15of a similar order issued against the licensee in any other
16jurisdiction. If an order of protection is issued against a
17licensee, the licensee shall surrender the license, as
18applicable, to the court at the time the order is entered or to
19the law enforcement agency or entity serving process at the
20time the licensee is served the order. The court, law
21enforcement agency, or entity responsible for serving the order
22of protection shall notify the Department within 7 days and
23transmit the license to the Department.
24 (c) A license is invalid upon expiration of the license,
25unless the licensee has submitted an application to renew the
26license, and the applicant is otherwise eligible to possess a

HB3357- 57 -LRB099 07578 RLC 27707 b
1license under this Act.
2 (d) A licensee shall not carry a concealed firearm while
3under the influence of alcohol, other drug or drugs,
4intoxicating compound or combination of compounds, or any
5combination thereof, under the standards set forth in
6subsection (a) of Section 11-501 of the Illinois Vehicle Code.
7 A licensee in violation of this subsection (d) shall be
8guilty of a Class A misdemeanor for a first or second violation
9and a Class 4 felony for a third violation. The Department may
10suspend a license for up to 6 months for a second violation and
11shall permanently revoke a license for a third violation.
12 (e) Except as otherwise provided, a licensee in violation
13of this Act shall be guilty of a Class B misdemeanor. A second
14or subsequent violation is a Class A misdemeanor. The
15Department may suspend a license for up to 6 months for a
16second violation and shall permanently revoke a license for 3
17or more violations of Section 65 of this Act. Any person
18convicted of a violation under this Section shall pay a $150
19fee to be deposited into the Mental Health Reporting Fund, plus
20any applicable court costs or fees.
21 (f) A licensee convicted or found guilty of a violation of
22this Act who has a valid license and is otherwise eligible to
23carry a concealed firearm shall only be subject to the
24penalties under this Section and shall not be subject to the
25penalties under Section 21-6, paragraph (4), (8), or (10) of
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

HB3357- 58 -LRB099 07578 RLC 27707 b
1of paragraph (3) of subsection (a) of Section 24-1.6 of the
2Criminal Code of 2012. Except as otherwise provided in this
3subsection, nothing in this subsection prohibits the licensee
4from being subjected to penalties for violations other than
5those specified in this Act.
6 (g) A licensee whose license is revoked, suspended, or
7denied shall, within 48 hours of receiving notice of the
8revocation, suspension, or denial, surrender his or her
9concealed carry license to the local law enforcement agency
10where the person resides. The local law enforcement agency
11shall provide the licensee a receipt and transmit the concealed
12carry license to the Department of State Police. If the
13licensee whose concealed carry license has been revoked,
14suspended, or denied fails to comply with the requirements of
15this subsection, the law enforcement agency where the person
16resides may petition the circuit court to issue a warrant to
17search for and seize the concealed carry license in the
18possession and under the custody or control of the licensee
19whose concealed carry license has been revoked, suspended, or
20denied. The observation of a concealed carry license in the
21possession of a person whose license has been revoked,
22suspended, or denied constitutes a sufficient basis for the
23arrest of that person for violation of this subsection. A
24violation of this subsection is a Class A misdemeanor.
25 (h) (Blank). A license issued or renewed under this Act
26shall be revoked if, at any time, the licensee is found

HB3357- 59 -LRB099 07578 RLC 27707 b
1ineligible for a Firearm Owner's Identification Card, or the
2licensee no longer possesses a valid Firearm Owner's
3Identification Card. A licensee whose license is revoked under
4this subsection (h) shall surrender his or her concealed carry
5license as provided for in subsection (g) of this Section.
6 This subsection shall not apply to a person who has filed
7an application with the State Police for renewal of a Firearm
8Owner's Identification Card and who is not otherwise ineligible
9to obtain a Firearm Owner's Identification Card.
10 (i) A certified firearms instructor who knowingly provides
11or offers to provide a false certification that an applicant
12has completed firearms training as required under this Act is
13guilty of a Class A misdemeanor. A person guilty of a violation
14of this subsection (i) is not eligible for court supervision.
15The Department shall permanently revoke the firearms
16instructor certification of a person convicted under this
17subsection (i).
18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
19eff. 8-15-14.)
20 (430 ILCS 66/80)
21 Sec. 80. Certified firearms instructors.
22 (a) Within 60 days of the effective date of this Act, the
23Department shall begin approval of certified firearms
24instructors and enter certified firearms instructors into an
25online registry on the Department's website.

HB3357- 60 -LRB099 07578 RLC 27707 b
1 (b) A person who is not a certified firearms instructor
2shall not teach applicant training courses or advertise or
3otherwise represent courses they teach as qualifying their
4students to meet the requirements to receive a license under
5this Act. Each violation of this subsection is a business
6offense with a fine of at least $1,000 per violation.
7 (c) A person seeking to become a certified firearms
8instructor shall:
9 (1) be at least 21 years of age;
10 (2) be a legal resident of the United States; and
11 (3) meet the requirements of Section 25 of this Act,
12 except for the Illinois residency requirement in item (xiv)
13 of paragraph (2) of subsection (a) of Section 4 of the
14 Firearm Owners Identification Card Act; and any additional
15 uniformly applied requirements established by the
16 Department.
17 (d) A person seeking to become a certified firearms
18instructor, in addition to the requirements of subsection (c)
19of this Section, shall:
20 (1) possess a high school diploma or high school
21 equivalency certificate; and
22 (2) have at least one of the following valid firearms
23 instructor certifications:
24 (A) certification from a law enforcement agency;
25 (B) certification from a firearm instructor course
26 offered by a State or federal governmental agency;

HB3357- 61 -LRB099 07578 RLC 27707 b
1 (C) certification from a firearm instructor
2 qualification course offered by the Illinois Law
3 Enforcement Training Standards Board; or
4 (D) certification from an entity approved by the
5 Department that offers firearm instructor education
6 and training in the use and safety of firearms.
7 (e) A person may have his or her firearms instructor
8certification denied or revoked if he or she does not meet the
9requirements to obtain a license under this Act, provides false
10or misleading information to the Department, or has had a prior
11instructor certification revoked or denied by the Department.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
13eff. 1-1-15.)
14 (430 ILCS 66/105)
15 Sec. 105. Duty of school administrator. It is the duty of
16the principal of a public elementary or secondary school, or
17his or her designee, and the chief administrative officer of a
18private elementary or secondary school or a public or private
19community college, college, or university, or his or her
20designee, to report to the Department of State Police when a
21student is determined to pose a clear and present danger to
22himself, herself, or to others, within 24 hours of the
23determination as provided in Section 6-103.3 of the Mental
24Health and Developmental Disabilities Code. "Clear and present
25danger" has the meaning as provided in paragraph (2) of the

HB3357- 62 -LRB099 07578 RLC 27707 b
1definition of "clear and present danger" in Section 6-103.3 of
2the Mental Health and Developmental Disabilities Code 1.1 of
3the Firearm Owners Identification Card Act.
4(Source: P.A. 98-63, eff. 7-9-13.)
5 Section 70. The Wildlife Code is amended by changing
6Sections 3.2 and 3.2a as follows:
7 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
8 Sec. 3.2. Hunting license; application; instruction.
9Before the Department or any county, city, village, township,
10incorporated town clerk or his duly designated agent or any
11other person authorized or designated by the Department to
12issue hunting licenses shall issue a hunting license to any
13person, the person shall file his application with the
14Department or other party authorized to issue licenses on a
15form provided by the Department and further give definite proof
16of identity and place of legal residence. Each clerk
17designating agents to issue licenses and stamps shall furnish
18the Department, within 10 days following the appointment, the
19names and mailing addresses of the agents. Each clerk or his
20duly designated agent shall be authorized to sell licenses and
21stamps only within the territorial area for which he was
22elected or appointed. No duly designated agent is authorized to
23furnish licenses or stamps for issuance by any other business
24establishment. Each application shall be executed and sworn to

HB3357- 63 -LRB099 07578 RLC 27707 b
1and shall set forth the name and description of the applicant
2and place of residence.
3 No hunting license shall be issued to any person born on or
4after January 1, 1980 unless he presents the person authorized
5to issue the license evidence that he has held a hunting
6license issued by the State of Illinois or another state in a
7prior year, or a certificate of competency as provided in this
8Section. Persons under 16 years of age may be issued a Lifetime
9Hunting or Sportsmen's Combination License as provided under
10Section 20-45 of the Fish and Aquatic Life Code but shall not
11be entitled to hunt unless they have a certificate of
12competency as provided in this Section and they shall have the
13certificate in their possession while hunting.
14 The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization has
23as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25 The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

HB3357- 64 -LRB099 07578 RLC 27707 b
1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14 The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2012 license year, resident veterans
17of the United States Armed Forces after returning from service
18abroad or mobilization by the President of the United States,
19the fee is one-half of the fee charged for a hunting license to
20hunt all species for a resident of Illinois. Veterans must
21provide to the Department, at one of the Department's 5
22regional offices, verification of their service. The
23Department shall establish what constitutes suitable
24verification of service for the purpose of issuing resident
25veterans hunting licenses at a reduced fee. The fee for a
26hunting license to hunt all species shall be $1 for residents

HB3357- 65 -LRB099 07578 RLC 27707 b
1over 75 years of age. Nonresidents shall be charged $57 for a
2hunting license.
3 Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6 A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section 3.27,
9shall be issued upon proper application being made and payment
10of a fee equal to that for a resident hunting license. The
11expiration date of this license shall be on the same date each
12year that game breeding and hunting preserve area licenses
13expire.
14 Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a fee
16of $15 and shall receive a stamp. The fee for a State Migratory
17Waterfowl Stamp shall be waived for residents over 75 years of
18age. Except as provided under Section 20-45 of the Fish and
19Aquatic Life Code, the stamp shall be signed by the person or
20affixed to his license or permit in a space designated by the
21Department for that purpose.
22 Each applicant for a State Habitat Stamp, regardless of his
23residence or other condition, shall pay a fee of $5 and shall
24receive a stamp. The fee for a State Habitat Stamp shall be
25waived for residents over 75 years of age. Except as provided
26under Section 20-45 of the Fish and Aquatic Life Code, the

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

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

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

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

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1amount equal to the amount of the fee imposed pursuant to
2subsection 1 of this Section, except the fee imposed under this
3subsection may not be more than $15. This additional fee shall
4be paid by the defendant upon a judgment of guilty or grant of
5supervision for a violation under the State Parks Act, the
6Recreational Trails of Illinois Act, the Illinois Explosives
7Act, the Timber Buyers Licensing Act, the Forest Products
8Transportation Act, the Firearm Owners Identification Card
9Act, the Environmental Protection Act, the Fish and Aquatic
10Life Code, the Wildlife Code, the Cave Protection Act, the
11Illinois Exotic Weed Act, the Illinois Forestry Development
12Act, the Ginseng Harvesting Act, the Illinois Lake Management
13Program Act, the Illinois Natural Areas Preservation Act, the
14Illinois Open Land Trust Act, the Open Space Lands Acquisition
15and Development Act, the Illinois Prescribed Burning Act, the
16State Forest Act, the Water Use Act of 1983, the Illinois
17Veteran, Youth, and Young Adult Conservation Jobs Act, the
18Snowmobile Registration and Safety Act, the Boat Registration
19and Safety Act, the Illinois Dangerous Animals Act, the Hunter
20and Fishermen Interference Prohibition Act, the Wrongful Tree
21Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
2211-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
23the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
24Criminal Code of 2012.
25 2. With respect to the fee imposed under subsection 1 of
26this Section, each clerk shall commence such charges and

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

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1Fund.
2 6. With respect to the additional fees imposed under
3subsection 1.5 of this Section, the Director of State Police
4may direct the use of these fees for homeland security purposes
5by transferring these fees on a quarterly basis from the State
6Police Operations Assistance Fund into the Illinois Law
7Enforcement Alarm Systems (ILEAS) Fund for homeland security
8initiatives programs. The transferred fees shall be allocated,
9subject to the approval of the ILEAS Executive Board, as
10follows: (i) 66.6% shall be used for homeland security
11initiatives and (ii) 33.3% shall be used for airborne
12operations. The ILEAS Executive Board shall annually supply the
13Director of State Police with a report of the use of these
14fees.
15 7. With respect to the additional fee imposed under
16subsection 1.6 of this Section, the fee shall be remitted by
17the circuit clerk to the State Treasurer within one month after
18receipt for deposit into the Conservation Police Operations
19Assistance Fund.
20(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
21eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
2297-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
238-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
24 Section 80. The Criminal Code of 2012 is amended by
25changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

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124-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
224-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
3 (720 ILCS 5/2-7.1)
4 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
5"Firearm "Firearm" and "firearm ammunition" means any
6self-contained cartridge or shotgun shell, by whatever name
7known, which is designed to be used or adaptable to use in a
8firearm; excluding, however:
9 (1) any ammunition exclusively designed for use with a
10device used exclusively for signalling or safety and required
11or recommended by the United States Coast Guard or the
12Interstate Commerce Commission; and
13 (2) any ammunition designed exclusively for use with a stud
14or rivet driver or other similar industrial ammunition have the
15meanings ascribed to them in Section 1.1 of the Firearm Owners
16Identification Card Act.
17(Source: P.A. 91-544, eff. 1-1-00.)
18 (720 ILCS 5/2-7.5)
19 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
20specific Section, "firearm" means any device, by whatever name
21known, which is designed to expel a projectile or projectiles
22by the action of an explosion, expansion of gas or escape of
23gas; excluding, however:
24 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

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

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1following:
2 (1) Causes great bodily harm or permanent disability or
3 disfigurement.
4 (2) Causes severe and permanent disability, great
5 bodily harm, or disfigurement by means of a caustic or
6 flammable substance, a poisonous gas, a deadly biological
7 or chemical contaminant or agent, a radioactive substance,
8 or a bomb or explosive compound.
9 (3) Causes great bodily harm or permanent disability or
10 disfigurement to an individual whom the person knows to be
11 a peace officer, community policing volunteer, fireman,
12 private security officer, correctional institution
13 employee, or Department of Human Services employee
14 supervising or controlling sexually dangerous persons or
15 sexually violent persons:
16 (i) performing his or her official duties;
17 (ii) battered to prevent performance of his or her
18 official duties; or
19 (iii) battered in retaliation for performing his
20 or her official duties.
21 (4) Causes great bodily harm or permanent disability or
22 disfigurement to an individual 60 years of age or older.
23 (5) Strangles another individual.
24 (b) Offense based on injury to a child or intellectually
25disabled person. A person who is at least 18 years of age
26commits aggravated battery when, in committing a battery, he or

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1she knowingly and without legal justification by any means:
2 (1) causes great bodily harm or permanent disability or
3 disfigurement to any child under the age of 13 years, or to
4 any severely or profoundly intellectually disabled person;
5 or
6 (2) causes bodily harm or disability or disfigurement
7 to any child under the age of 13 years or to any severely
8 or profoundly intellectually disabled person.
9 (c) Offense based on location of conduct. A person commits
10aggravated battery when, in committing a battery, other than by
11the discharge of a firearm, he or she is or the person battered
12is on or about a public way, public property, a public place of
13accommodation or amusement, a sports venue, or a domestic
14violence shelter.
15 (d) Offense based on status of victim. A person commits
16aggravated battery when, in committing a battery, other than by
17discharge of a firearm, he or she knows the individual battered
18to be any of the following:
19 (1) A person 60 years of age or older.
20 (2) A person who is pregnant or physically handicapped.
21 (3) A teacher or school employee upon school grounds or
22 grounds adjacent to a school or in any part of a building
23 used for school purposes.
24 (4) A peace officer, community policing volunteer,
25 fireman, private security officer, correctional
26 institution employee, or Department of Human Services

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

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

HB3357- 79 -LRB099 07578 RLC 27707 b
1 governmental unit:
2 (i) performing his or her official duties;
3 (ii) battered to prevent performance of his or her
4 official duties; or
5 (iii) battered in retaliation for performing his
6 or her official duties.
7 (4) Discharges a firearm and causes any injury to a
8 person he or she knows to be a teacher, a student in a
9 school, or a school employee, and the teacher, student, or
10 employee is upon school grounds or grounds adjacent to a
11 school or in any part of a building used for school
12 purposes.
13 (5) Discharges a machine gun or a firearm equipped with
14 a silencer, and causes any injury to another person.
15 (6) Discharges a machine gun or a firearm equipped with
16 a silencer, and causes any injury to a person he or she
17 knows to be a peace officer, community policing volunteer,
18 person summoned by a police officer, fireman, private
19 security officer, correctional institution employee or
20 emergency management worker:
21 (i) performing his or her official duties;
22 (ii) battered to prevent performance of his or her
23 official duties; or
24 (iii) battered in retaliation for performing his
25 or her official duties.
26 (7) Discharges a machine gun or a firearm equipped with

HB3357- 80 -LRB099 07578 RLC 27707 b
1 a silencer, and causes any injury to a person he or she
2 knows to be an emergency medical technician employed by a
3 municipality or other governmental unit:
4 (i) performing his or her official duties;
5 (ii) battered to prevent performance of his or her
6 official duties; or
7 (iii) battered in retaliation for performing his
8 or her official duties.
9 (8) Discharges a machine gun or a firearm equipped with
10 a silencer, and causes any injury to a person he or she
11 knows to be a teacher, or a student in a school, or a
12 school employee, and the teacher, student, or employee is
13 upon school grounds or grounds adjacent to a school or in
14 any part of a building used for school purposes.
15 (f) Offense based on use of a weapon or device. A person
16commits aggravated battery when, in committing a battery, he or
17she does any of the following:
18 (1) Uses a deadly weapon other than by discharge of a
19 firearm, or uses an air rifle as defined in Section
20 24.8-0.1 of this Code.
21 (2) Wears a hood, robe, or mask to conceal his or her
22 identity.
23 (3) Knowingly and without lawful justification shines
24 or flashes a laser gunsight or other laser device attached
25 to a firearm, or used in concert with a firearm, so that
26 the laser beam strikes upon or against the person of

HB3357- 81 -LRB099 07578 RLC 27707 b
1 another.
2 (4) Knowingly video or audio records the offense with
3 the intent to disseminate the recording.
4 (g) Offense based on certain conduct. A person commits
5aggravated battery when, other than by discharge of a firearm,
6he or she does any of the following:
7 (1) Violates Section 401 of the Illinois Controlled
8 Substances Act by unlawfully delivering a controlled
9 substance to another and any user experiences great bodily
10 harm or permanent disability as a result of the injection,
11 inhalation, or ingestion of any amount of the controlled
12 substance.
13 (2) Knowingly administers to an individual or causes
14 him or her to take, without his or her consent or by threat
15 or deception, and for other than medical purposes, any
16 intoxicating, poisonous, stupefying, narcotic, anesthetic,
17 or controlled substance, or gives to another person any
18 food containing any substance or object intended to cause
19 physical injury if eaten.
20 (3) Knowingly causes or attempts to cause a
21 correctional institution employee or Department of Human
22 Services employee to come into contact with blood, seminal
23 fluid, urine, or feces by throwing, tossing, or expelling
24 the fluid or material, and the person is an inmate of a
25 penal institution or is a sexually dangerous person or
26 sexually violent person in the custody of the Department of

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

HB3357- 83 -LRB099 07578 RLC 27707 b
1Class X felony.
2 Aggravated battery as defined in subdivision (a)(2) is a
3Class X felony for which a person shall be sentenced to a term
4of imprisonment of a minimum of 6 years and a maximum of 45
5years.
6 Aggravated battery as defined in subdivision (e)(5) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 12 years and a maximum of 45
9years.
10 Aggravated battery as defined in subdivision (e)(2),
11(e)(3), or (e)(4) is a Class X felony for which a person shall
12be sentenced to a term of imprisonment of a minimum of 15 years
13and a maximum of 60 years.
14 Aggravated battery as defined in subdivision (e)(6),
15(e)(7), or (e)(8) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 20 years
17and a maximum of 60 years.
18 Aggravated battery as defined in subdivision (b)(1) is a
19Class X felony, except that:
20 (1) if the person committed the offense while armed
21 with a firearm, 15 years shall be added to the term of
22 imprisonment imposed by the court;
23 (2) if, during the commission of the offense, the
24 person personally discharged a firearm, 20 years shall be
25 added to the term of imprisonment imposed by the court;
26 (3) if, during the commission of the offense, the

HB3357- 84 -LRB099 07578 RLC 27707 b
1 person personally discharged a firearm that proximately
2 caused great bodily harm, permanent disability, permanent
3 disfigurement, or death to another person, 25 years or up
4 to a term of natural life shall be added to the term of
5 imprisonment imposed by the court.
6 (i) Definitions. For the purposes of this Section:
7 "Building or other structure used to provide shelter" has
8the meaning ascribed to "shelter" in Section 1 of the Domestic
9Violence Shelters Act.
10 "Domestic violence" has the meaning ascribed to it in
11Section 103 of the Illinois Domestic Violence Act of 1986.
12 "Domestic violence shelter" means any building or other
13structure used to provide shelter or other services to victims
14or to the dependent children of victims of domestic violence
15pursuant to the Illinois Domestic Violence Act of 1986 or the
16Domestic Violence Shelters Act, or any place within 500 feet of
17such a building or other structure in the case of a person who
18is going to or from such a building or other structure.
19 "Firearm" has the meaning provided under Section 2-7.5 of
20this Code 1.1 of the Firearm Owners Identification Card Act,
21and does not include an air rifle as defined by Section
2224.8-0.1 of this Code.
23 "Machine gun" has the meaning ascribed to it in Section
2424-1 of this Code.
25 "Merchant" has the meaning ascribed to it in Section 16-0.1
26of this Code.

HB3357- 85 -LRB099 07578 RLC 27707 b
1 "Strangle" means intentionally impeding the normal
2breathing or circulation of the blood of an individual by
3applying pressure on the throat or neck of that individual or
4by blocking the nose or mouth of that individual.
5(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
61-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
7eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
8eff. 7-16-14.)
9 (720 ILCS 5/16-0.1)
10 Sec. 16-0.1. Definitions. In this Article, unless the
11context clearly requires otherwise, the following terms are
12defined as indicated:
13 "Access" means to use, instruct, communicate with, store
14data in, retrieve or intercept data from, or otherwise utilize
15any services of a computer.
16 "Coin-operated machine" includes any automatic vending
17machine or any part thereof, parking meter, coin telephone,
18coin-operated transit turnstile, transit fare box, coin
19laundry machine, coin dry cleaning machine, amusement machine,
20music machine, vending machine dispensing goods or services, or
21money changer.
22 "Communication device" means any type of instrument,
23device, machine, or equipment which is capable of transmitting,
24acquiring, decrypting, or receiving any telephonic,
25electronic, data, Internet access, audio, video, microwave, or

HB3357- 86 -LRB099 07578 RLC 27707 b
1radio transmissions, signals, communications, or services,
2including the receipt, acquisition, transmission, or
3decryption of all such communications, transmissions, signals,
4or services provided by or through any cable television, fiber
5optic, telephone, satellite, microwave, radio, Internet-based,
6data transmission, or wireless distribution network, system or
7facility; or any part, accessory, or component thereof,
8including any computer circuit, security module, smart card,
9software, computer chip, electronic mechanism or other
10component, accessory or part of any communication device which
11is capable of facilitating the transmission, decryption,
12acquisition or reception of all such communications,
13transmissions, signals, or services.
14 "Communication service" means any service lawfully
15provided for a charge or compensation to facilitate the lawful
16origination, transmission, emission, or reception of signs,
17signals, data, writings, images, and sounds or intelligence of
18any nature by telephone, including cellular telephones or a
19wire, wireless, radio, electromagnetic, photo-electronic or
20photo-optical system; and also any service lawfully provided by
21any radio, telephone, cable television, fiber optic,
22satellite, microwave, Internet-based or wireless distribution
23network, system, facility or technology, including, but not
24limited to, any and all electronic, data, video, audio,
25Internet access, telephonic, microwave and radio
26communications, transmissions, signals and services, and any

HB3357- 87 -LRB099 07578 RLC 27707 b
1such communications, transmissions, signals and services
2lawfully provided directly or indirectly by or through any of
3those networks, systems, facilities or technologies.
4 "Communication service provider" means: (1) any person or
5entity providing any communication service, whether directly
6or indirectly, as a reseller, including, but not limited to, a
7cellular, paging or other wireless communications company or
8other person or entity which, for a fee, supplies the facility,
9cell site, mobile telephone switching office or other equipment
10or communication service; (2) any person or entity owning or
11operating any cable television, fiber optic, satellite,
12telephone, wireless, microwave, radio, data transmission or
13Internet-based distribution network, system or facility; and
14(3) any person or entity providing any communication service
15directly or indirectly by or through any such distribution
16system, network or facility.
17 "Computer" means a device that accepts, processes, stores,
18retrieves or outputs data, and includes but is not limited to
19auxiliary storage and telecommunications devices connected to
20computers.
21 "Continuing course of conduct" means a series of acts, and
22the accompanying mental state necessary for the crime in
23question, irrespective of whether the series of acts are
24continuous or intermittent.
25 "Delivery container" means any bakery basket of wire or
26plastic used to transport or store bread or bakery products,

HB3357- 88 -LRB099 07578 RLC 27707 b
1any dairy case of wire or plastic used to transport or store
2dairy products, and any dolly or cart of 2 or 4 wheels used to
3transport or store any bakery or dairy product.
4 "Document-making implement" means any implement,
5impression, template, computer file, computer disc, electronic
6device, computer hardware, computer software, instrument, or
7device that is used to make a real or fictitious or fraudulent
8personal identification document.
9 "Financial transaction device" means any of the following:
10 (1) An electronic funds transfer card.
11 (2) A credit card.
12 (3) A debit card.
13 (4) A point-of-sale card.
14 (5) Any instrument, device, card, plate, code, account
15 number, personal identification number, or a record or copy
16 of a code, account number, or personal identification
17 number or other means of access to a credit account or
18 deposit account, or a driver's license or State
19 identification card used to access a proprietary account,
20 other than access originated solely by a paper instrument,
21 that can be used alone or in conjunction with another
22 access device, for any of the following purposes:
23 (A) Obtaining money, cash refund or credit
24 account, credit, goods, services, or any other thing of
25 value.
26 (B) Certifying or guaranteeing to a person or

HB3357- 89 -LRB099 07578 RLC 27707 b
1 business the availability to the device holder of funds
2 on deposit to honor a draft or check payable to the
3 order of that person or business.
4 (C) Providing the device holder access to a deposit
5 account for the purpose of making deposits,
6 withdrawing funds, transferring funds between deposit
7 accounts, obtaining information pertaining to a
8 deposit account, or making an electronic funds
9 transfer.
10 "Full retail value" means the merchant's stated or
11advertised price of the merchandise. "Full retail value"
12includes the aggregate value of property obtained from retail
13thefts committed by the same person as part of a continuing
14course of conduct from one or more mercantile establishments in
15a single transaction or in separate transactions over a period
16of one year.
17 "Internet" means an interactive computer service or system
18or an information service, system, or access software provider
19that provides or enables computer access by multiple users to a
20computer server, and includes, but is not limited to, an
21information service, system, or access software provider that
22provides access to a network system commonly known as the
23Internet, or any comparable system or service and also
24includes, but is not limited to, a World Wide Web page,
25newsgroup, message board, mailing list, or chat area on any
26interactive computer service or system or other online service.

HB3357- 90 -LRB099 07578 RLC 27707 b
1 "Library card" means a card or plate issued by a library
2facility for purposes of identifying the person to whom the
3library card was issued as authorized to borrow library
4material, subject to all limitations and conditions imposed on
5the borrowing by the library facility issuing such card.
6 "Library facility" includes any public library or museum,
7or any library or museum of an educational, historical or
8eleemosynary institution, organization or society.
9 "Library material" includes any book, plate, picture,
10photograph, engraving, painting, sculpture, statue, artifact,
11drawing, map, newspaper, pamphlet, broadside, magazine,
12manuscript, document, letter, microfilm, sound recording,
13audiovisual material, magnetic or other tape, electronic data
14processing record or other documentary, written or printed
15material regardless of physical form or characteristics, or any
16part thereof, belonging to, or on loan to or otherwise in the
17custody of a library facility.
18 "Manufacture or assembly of an unlawful access device"
19means to make, produce or assemble an unlawful access device or
20to modify, alter, program or re-program any instrument, device,
21machine, equipment or software so that it is capable of
22defeating or circumventing any technology, device or software
23used by the provider, owner or licensee of a communication
24service or of any data, audio or video programs or
25transmissions to protect any such communication, data, audio or
26video services, programs or transmissions from unauthorized

HB3357- 91 -LRB099 07578 RLC 27707 b
1access, acquisition, disclosure, receipt, decryption,
2communication, transmission or re-transmission.
3 "Manufacture or assembly of an unlawful communication
4device" means to make, produce or assemble an unlawful
5communication or wireless device or to modify, alter, program
6or reprogram a communication or wireless device to be capable
7of acquiring, disrupting, receiving, transmitting, decrypting,
8or facilitating the acquisition, disruption, receipt,
9transmission or decryption of, a communication service without
10the express consent or express authorization of the
11communication service provider, or to knowingly assist others
12in those activities.
13 "Master sound recording" means the original physical
14object on which a given set of sounds were first recorded and
15which the original object from which all subsequent sound
16recordings embodying the same set of sounds are directly or
17indirectly derived.
18 "Merchandise" means any item of tangible personal
19property, including motor fuel.
20 "Merchant" means an owner or operator of any retail
21mercantile establishment or any agent, employee, lessee,
22consignee, officer, director, franchisee, or independent
23contractor of the owner or operator. "Merchant" also means a
24person who receives from an authorized user of a payment card,
25or someone the person believes to be an authorized user, a
26payment card or information from a payment card, or what the

HB3357- 92 -LRB099 07578 RLC 27707 b
1person believes to be a payment card or information from a
2payment card, as the instrument for obtaining, purchasing or
3receiving goods, services, money, or anything else of value
4from the person.
5 "Motor fuel" means a liquid, regardless of its properties,
6used to propel a vehicle, including gasoline and diesel.
7 "Online" means the use of any electronic or wireless device
8to access the Internet.
9 "Payment card" means a credit card, charge card, debit
10card, or any other card that is issued to an authorized card
11user and that allows the user to obtain, purchase, or receive
12goods, services, money, or anything else of value from a
13merchant.
14 "Person with a disability" means a person who suffers from
15a physical or mental impairment resulting from disease, injury,
16functional disorder or congenital condition that impairs the
17individual's mental or physical ability to independently
18manage his or her property or financial resources, or both.
19 "Personal identification document" means a birth
20certificate, a driver's license, a State identification card, a
21public, government, or private employment identification card,
22a social security card, a license issued under the Firearm
23Concealed Carry Act firearm owner's identification card, a
24credit card, a debit card, or a passport issued to or on behalf
25of a person other than the offender, or any document made or
26issued, or falsely purported to have been made or issued, by or

HB3357- 93 -LRB099 07578 RLC 27707 b
1under the authority of the United States Government, the State
2of Illinois, or any other state political subdivision of any
3state, or any other governmental or quasi-governmental
4organization that is of a type intended for the purpose of
5identification of an individual, or any such document made or
6altered in a manner that it falsely purports to have been made
7on behalf of or issued to another person or by the authority of
8one who did not give that authority.
9 "Personal identifying information" means any of the
10following information:
11 (1) A person's name.
12 (2) A person's address.
13 (3) A person's date of birth.
14 (4) A person's telephone number.
15 (5) A person's driver's license number or State of
16 Illinois identification card as assigned by the Secretary
17 of State of the State of Illinois or a similar agency of
18 another state.
19 (6) A person's social security number.
20 (7) A person's public, private, or government
21 employer, place of employment, or employment
22 identification number.
23 (8) The maiden name of a person's mother.
24 (9) The number assigned to a person's depository
25 account, savings account, or brokerage account.
26 (10) The number assigned to a person's credit or debit

HB3357- 94 -LRB099 07578 RLC 27707 b
1 card, commonly known as a "Visa Card", "MasterCard",
2 "American Express Card", "Discover Card", or other similar
3 cards whether issued by a financial institution,
4 corporation, or business entity.
5 (11) Personal identification numbers.
6 (12) Electronic identification numbers.
7 (13) Digital signals.
8 (14) User names, passwords, and any other word, number,
9 character or combination of the same usable in whole or
10 part to access information relating to a specific
11 individual, or to the actions taken, communications made or
12 received, or other activities or transactions of a specific
13 individual.
14 (15) Any other numbers or information which can be used
15 to access a person's financial resources, or to identify a
16 specific individual, or the actions taken, communications
17 made or received, or other activities or transactions of a
18 specific individual.
19 "Premises of a retail mercantile establishment" includes,
20but is not limited to, the retail mercantile establishment; any
21common use areas in shopping centers; and all parking areas set
22aside by a merchant or on behalf of a merchant for the parking
23of vehicles for the convenience of the patrons of such retail
24mercantile establishment.
25 "Public water, gas, or power supply, or other public
26services" mean any service subject to regulation by the

HB3357- 95 -LRB099 07578 RLC 27707 b
1Illinois Commerce Commission; any service furnished by a public
2utility that is owned and operated by any political
3subdivision, public institution of higher education or
4municipal corporation of this State; any service furnished by
5any public utility that is owned by such political subdivision,
6public institution of higher education, or municipal
7corporation and operated by any of its lessees or operating
8agents; any service furnished by an electric cooperative as
9defined in Section 3.4 of the Electric Supplier Act; or
10wireless service or other service regulated by the Federal
11Communications Commission.
12 "Publish" means to communicate or disseminate information
13to any one or more persons, either orally, in person, or by
14telephone, radio or television or in writing of any kind,
15including, without limitation, a letter or memorandum,
16circular or handbill, newspaper or magazine article or book.
17 "Radio frequency identification device" means any
18implement, computer file, computer disc, electronic device,
19computer hardware, computer software, or instrument that is
20used to activate, read, receive, or decode information stored
21on a RFID tag or transponder attached to a personal
22identification document.
23 "RFID tag or transponder" means a chip or device that
24contains personal identifying information from which the
25personal identifying information can be read or decoded by
26another device emitting a radio frequency that activates or

HB3357- 96 -LRB099 07578 RLC 27707 b
1powers a radio frequency emission response from the chip or
2transponder.
3 "Reencoder" means an electronic device that places encoded
4information from the magnetic strip or stripe of a payment card
5onto the magnetic strip or stripe of a different payment card.
6 "Retail mercantile establishment" means any place where
7merchandise is displayed, held, stored or offered for sale to
8the public.
9 "Scanning device" means a scanner, reader, or any other
10electronic device that is used to access, read, scan, obtain,
11memorize, or store, temporarily or permanently, information
12encoded on the magnetic strip or stripe of a payment card.
13 "Shopping cart" means those push carts of the type or types
14which are commonly provided by grocery stores, drug stores or
15other retail mercantile establishments for the use of the
16public in transporting commodities in stores and markets and,
17incidentally, from the stores to a place outside the store.
18 "Sound or audio visual recording" means any sound or audio
19visual phonograph record, disc, pre-recorded tape, film, wire,
20magnetic tape or other object, device or medium, now known or
21hereafter invented, by which sounds or images may be reproduced
22with or without the use of any additional machine, equipment or
23device.
24 "Theft detection device remover" means any tool or device
25specifically designed and intended to be used to remove any
26theft detection device from any merchandise.

HB3357- 97 -LRB099 07578 RLC 27707 b
1 "Under-ring" means to cause the cash register or other
2sales recording device to reflect less than the full retail
3value of the merchandise.
4 "Unidentified sound or audio visual recording" means a
5sound or audio visual recording without the actual name and
6full and correct street address of the manufacturer, and the
7name of the actual performers or groups prominently and legibly
8printed on the outside cover or jacket and on the label of such
9sound or audio visual recording.
10 "Unlawful access device" means any type of instrument,
11device, machine, equipment, technology, or software which is
12primarily possessed, used, designed, assembled, manufactured,
13sold, distributed or offered, promoted or advertised for the
14purpose of defeating or circumventing any technology, device or
15software, or any component or part thereof, used by the
16provider, owner or licensee of any communication service or of
17any data, audio or video programs or transmissions to protect
18any such communication, audio or video services, programs or
19transmissions from unauthorized access, acquisition, receipt,
20decryption, disclosure, communication, transmission or
21re-transmission.
22 "Unlawful communication device" means any electronic
23serial number, mobile identification number, personal
24identification number or any communication or wireless device
25that is capable of acquiring or facilitating the acquisition of
26a communication service without the express consent or express

HB3357- 98 -LRB099 07578 RLC 27707 b
1authorization of the communication service provider, or that
2has been altered, modified, programmed or reprogrammed, alone
3or in conjunction with another communication or wireless device
4or other equipment, to so acquire or facilitate the
5unauthorized acquisition of a communication service. "Unlawful
6communication device" also means:
7 (1) any phone altered to obtain service without the
8 express consent or express authorization of the
9 communication service provider, tumbler phone, counterfeit
10 or clone phone, tumbler microchip, counterfeit or clone
11 microchip, scanning receiver of wireless communication
12 service or other instrument capable of disguising its
13 identity or location or of gaining unauthorized access to a
14 communications or wireless system operated by a
15 communication service provider; and
16 (2) any communication or wireless device which is
17 capable of, or has been altered, designed, modified,
18 programmed or reprogrammed, alone or in conjunction with
19 another communication or wireless device or devices, so as
20 to be capable of, facilitating the disruption,
21 acquisition, receipt, transmission or decryption of a
22 communication service without the express consent or
23 express authorization of the communication service
24 provider, including, but not limited to, any device,
25 technology, product, service, equipment, computer software
26 or component or part thereof, primarily distributed, sold,

HB3357- 99 -LRB099 07578 RLC 27707 b
1 designed, assembled, manufactured, modified, programmed,
2 reprogrammed or used for the purpose of providing the
3 unauthorized receipt of, transmission of, disruption of,
4 decryption of, access to or acquisition of any
5 communication service provided by any communication
6 service provider.
7 "Vehicle" means a motor vehicle, motorcycle, or farm
8implement that is self-propelled and that uses motor fuel for
9propulsion.
10 "Wireless device" includes any type of instrument, device,
11machine, or equipment that is capable of transmitting or
12receiving telephonic, electronic or radio communications, or
13any part of such instrument, device, machine, or equipment, or
14any computer circuit, computer chip, electronic mechanism, or
15other component that is capable of facilitating the
16transmission or reception of telephonic, electronic, or radio
17communications.
18(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
191-1-12; 97-1109, eff. 1-1-13.)
20 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
21 Sec. 17-30. Defaced, altered, or removed manufacturer or
22owner identification number.
23 (a) Unlawful sale of household appliances. A person commits
24unlawful sale of household appliances when he or she knowingly,
25with the intent to defraud or deceive another, keeps for sale,

HB3357- 100 -LRB099 07578 RLC 27707 b
1within any commercial context, any household appliance with a
2missing, defaced, obliterated, or otherwise altered
3manufacturer's identification number.
4 (b) Construction equipment identification defacement. A
5person commits construction equipment identification
6defacement when he or she knowingly changes, alters, removes,
7mutilates, or obliterates a permanently affixed serial number,
8product identification number, part number, component
9identification number, owner-applied identification, or other
10mark of identification attached to or stamped, inscribed,
11molded, or etched into a machine or other equipment, whether
12stationary or mobile or self-propelled, or a part of such
13machine or equipment, used in the construction, maintenance, or
14demolition of buildings, structures, bridges, tunnels, sewers,
15utility pipes or lines, ditches or open cuts, roads, highways,
16dams, airports, or waterways or in material handling for such
17projects.
18 The trier of fact may infer that the defendant has
19knowingly changed, altered, removed, or obliterated the serial
20number, product identification number, part number, component
21identification number, owner-applied identification number, or
22other mark of identification, if the defendant was in
23possession of any machine or other equipment or a part of such
24machine or equipment used in the construction, maintenance, or
25demolition of buildings, structures, bridges, tunnels, sewers,
26utility pipes or lines, ditches or open cuts, roads, highways,

HB3357- 101 -LRB099 07578 RLC 27707 b
1dams, airports, or waterways or in material handling for such
2projects upon which any such serial number, product
3identification number, part number, component identification
4number, owner-applied identification number, or other mark of
5identification has been changed, altered, removed, or
6obliterated.
7 (c) Defacement of manufacturer's serial number or
8identification mark. A person commits defacement of a
9manufacturer's serial number or identification mark when he or
10she knowingly removes, alters, defaces, covers, or destroys the
11manufacturer's serial number or any other manufacturer's
12number or distinguishing identification mark upon any machine
13or other article of merchandise, other than a motor vehicle as
14defined in Section 1-146 of the Illinois Vehicle Code or a
15firearm as defined in the Firearm Owners Identification Card
16Act, with the intent of concealing or destroying the identity
17of such machine or other article of merchandise.
18 (d) Sentence.
19 (1) A violation of subsection (a) of this Section is a
20 Class 4 felony if the value of the appliance or appliances
21 exceeds $1,000 and a Class B misdemeanor if the value of
22 the appliance or appliances is $1,000 or less.
23 (2) A violation of subsection (b) of this Section is a
24 Class A misdemeanor.
25 (3) A violation of subsection (c) of this Section is a
26 Class B misdemeanor.

HB3357- 102 -LRB099 07578 RLC 27707 b
1 (e) No liability shall be imposed upon any person for the
2unintentional failure to comply with subsection (a).
3 (f) Definitions. In this Section:
4 "Commercial context" means a continuing business
5enterprise conducted for profit by any person whose primary
6business is the wholesale or retail marketing of household
7appliances, or a significant portion of whose business or
8inventory consists of household appliances kept or sold on a
9wholesale or retail basis.
10 "Household appliance" means any gas or electric device or
11machine marketed for use as home entertainment or for
12facilitating or expediting household tasks or chores. The term
13shall include but not necessarily be limited to refrigerators,
14freezers, ranges, radios, television sets, vacuum cleaners,
15toasters, dishwashers, and other similar household items.
16 "Manufacturer's identification number" means any serial
17number or other similar numerical or alphabetical designation
18imprinted upon or attached to or placed, stamped, or otherwise
19imprinted upon or attached to a household appliance or item by
20the manufacturer for purposes of identifying a particular
21appliance or item individually or by lot number.
22(Source: P.A. 96-1551, eff. 7-1-11.)
23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
24 Sec. 24-1. Unlawful Use of Weapons.
25 (a) A person commits the offense of unlawful use of weapons

HB3357- 103 -LRB099 07578 RLC 27707 b
1when he knowingly:
2 (1) Sells, manufactures, purchases, possesses or
3 carries any bludgeon, black-jack, slung-shot, sand-club,
4 sand-bag, metal knuckles or other knuckle weapon
5 regardless of its composition, throwing star, or any knife,
6 commonly referred to as a switchblade knife, which has a
7 blade that opens automatically by hand pressure applied to
8 a button, spring or other device in the handle of the
9 knife, or a ballistic knife, which is a device that propels
10 a knifelike blade as a projectile by means of a coil
11 spring, elastic material or compressed gas; or
12 (2) Carries or possesses with intent to use the same
13 unlawfully against another, a dagger, dirk, billy,
14 dangerous knife, razor, stiletto, broken bottle or other
15 piece of glass, stun gun or taser or any other dangerous or
16 deadly weapon or instrument of like character; or
17 (3) Carries on or about his person or in any vehicle, a
18 tear gas gun projector or bomb or any object containing
19 noxious liquid gas or substance, other than an object
20 containing a non-lethal noxious liquid gas or substance
21 designed solely for personal defense carried by a person 18
22 years of age or older; or
23 (4) Carries or possesses in any vehicle or concealed on
24 or about his person except when on his land or in his own
25 abode, legal dwelling, or fixed place of business, or on
26 the land or in the legal dwelling of another person as an

HB3357- 104 -LRB099 07578 RLC 27707 b
1 invitee with that person's permission, any pistol,
2 revolver, stun gun or taser or other firearm, except that
3 this subsection (a) (4) does not apply to or affect
4 transportation of weapons that meet one of the following
5 conditions:
6 (i) are broken down in a non-functioning state; or
7 (ii) are not immediately accessible; or
8 (iii) are unloaded and enclosed in a case, firearm
9 carrying box, shipping box, or other container by a
10 person eligible under State and federal law to possess
11 a firearm who has been issued a currently valid Firearm
12 Owner's Identification Card; or
13 (5) Sets a spring gun; or
14 (6) Possesses any device or attachment of any kind
15 designed, used or intended for use in silencing the report
16 of any firearm; or
17 (7) Sells, manufactures, purchases, possesses or
18 carries:
19 (i) a machine gun, which shall be defined for the
20 purposes of this subsection as any weapon, which
21 shoots, is designed to shoot, or can be readily
22 restored to shoot, automatically more than one shot
23 without manually reloading by a single function of the
24 trigger, including the frame or receiver of any such
25 weapon, or sells, manufactures, purchases, possesses,
26 or carries any combination of parts designed or

HB3357- 105 -LRB099 07578 RLC 27707 b
1 intended for use in converting any weapon into a
2 machine gun, or any combination or parts from which a
3 machine gun can be assembled if such parts are in the
4 possession or under the control of a person;
5 (ii) any rifle having one or more barrels less than
6 16 inches in length or a shotgun having one or more
7 barrels less than 18 inches in length or any weapon
8 made from a rifle or shotgun, whether by alteration,
9 modification, or otherwise, if such a weapon as
10 modified has an overall length of less than 26 inches;
11 or
12 (iii) any bomb, bomb-shell, grenade, bottle or
13 other container containing an explosive substance of
14 over one-quarter ounce for like purposes, such as, but
15 not limited to, black powder bombs and Molotov
16 cocktails or artillery projectiles; or
17 (8) Carries or possesses any firearm, stun gun or taser
18 or other deadly weapon in any place which is licensed to
19 sell intoxicating beverages, or at any public gathering
20 held pursuant to a license issued by any governmental body
21 or any public gathering at which an admission is charged,
22 excluding a place where a showing, demonstration or lecture
23 involving the exhibition of unloaded firearms is
24 conducted.
25 This subsection (a)(8) does not apply to any auction or
26 raffle of a firearm held pursuant to a license or permit

HB3357- 106 -LRB099 07578 RLC 27707 b
1 issued by a governmental body, nor does it apply to persons
2 engaged in firearm safety training courses; or
3 (9) Carries or possesses in a vehicle or on or about
4 his person any pistol, revolver, stun gun or taser or
5 firearm or ballistic knife, when he is hooded, robed or
6 masked in such manner as to conceal his identity; or
7 (10) Carries or possesses on or about his person, upon
8 any public street, alley, or other public lands within the
9 corporate limits of a city, village or incorporated town,
10 except when an invitee thereon or therein, for the purpose
11 of the display of such weapon or the lawful commerce in
12 weapons, or except when on his land or in his own abode,
13 legal dwelling, or fixed place of business, or on the land
14 or in the legal dwelling of another person as an invitee
15 with that person's permission, any pistol, revolver, stun
16 gun or taser or other firearm, except that this subsection
17 (a) (10) does not apply to or affect transportation of
18 weapons that meet one of the following conditions:
19 (i) are broken down in a non-functioning state; or
20 (ii) are not immediately accessible; or
21 (iii) are unloaded and enclosed in a case, firearm
22 carrying box, shipping box, or other container by a
23 person eligible under State or federal law to possess a
24 firearm who has been issued a currently valid Firearm
25 Owner's Identification Card.
26 A "stun gun or taser", as used in this paragraph (a)

HB3357- 107 -LRB099 07578 RLC 27707 b
1 means (i) any device which is powered by electrical
2 charging units, such as, batteries, and which fires one or
3 several barbs attached to a length of wire and which, upon
4 hitting a human, can send out a current capable of
5 disrupting the person's nervous system in such a manner as
6 to render him incapable of normal functioning or (ii) any
7 device which is powered by electrical charging units, such
8 as batteries, and which, upon contact with a human or
9 clothing worn by a human, can send out current capable of
10 disrupting the person's nervous system in such a manner as
11 to render him incapable of normal functioning; or
12 (11) Sells, manufactures or purchases any explosive
13 bullet. For purposes of this paragraph (a) "explosive
14 bullet" means the projectile portion of an ammunition
15 cartridge which contains or carries an explosive charge
16 which will explode upon contact with the flesh of a human
17 or an animal. "Cartridge" means a tubular metal case having
18 a projectile affixed at the front thereof and a cap or
19 primer at the rear end thereof, with the propellant
20 contained in such tube between the projectile and the cap;
21 or
22 (12) (Blank); or
23 (13) Carries or possesses on or about his or her person
24 while in a building occupied by a unit of government, a
25 billy club, other weapon of like character, or other
26 instrument of like character intended for use as a weapon.

HB3357- 108 -LRB099 07578 RLC 27707 b
1 For the purposes of this Section, "billy club" means a
2 short stick or club commonly carried by police officers
3 which is either telescopic or constructed of a solid piece
4 of wood or other man-made material.
5 (b) Sentence. A person convicted of a violation of
6subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
7subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
8Class A misdemeanor. A person convicted of a violation of
9subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
10person convicted of a violation of subsection 24-1(a)(6) or
1124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
12convicted of a violation of subsection 24-1(a)(7)(i) commits a
13Class 2 felony and shall be sentenced to a term of imprisonment
14of not less than 3 years and not more than 7 years, unless the
15weapon is possessed in the passenger compartment of a motor
16vehicle as defined in Section 1-146 of the Illinois Vehicle
17Code, or on the person, while the weapon is loaded, in which
18case it shall be a Class X felony. A person convicted of a
19second or subsequent violation of subsection 24-1(a)(4),
2024-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
21felony. The possession of each weapon in violation of this
22Section constitutes a single and separate violation.
23 (c) Violations in specific places.
24 (1) A person who violates subsection 24-1(a)(6) or
25 24-1(a)(7) in any school, regardless of the time of day or
26 the time of year, in residential property owned, operated

HB3357- 109 -LRB099 07578 RLC 27707 b
1 or managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or mixed-income
3 development, in a public park, in a courthouse, on the real
4 property comprising any school, regardless of the time of
5 day or the time of year, on residential property owned,
6 operated or managed by a public housing agency or leased by
7 a public housing agency as part of a scattered site or
8 mixed-income development, on the real property comprising
9 any public park, on the real property comprising any
10 courthouse, in any conveyance owned, leased or contracted
11 by a school to transport students to or from school or a
12 school related activity, in any conveyance owned, leased,
13 or contracted by a public transportation agency, or on any
14 public way within 1,000 feet of the real property
15 comprising any school, public park, courthouse, public
16 transportation facility, or residential property owned,
17 operated, or managed by a public housing agency or leased
18 by a public housing agency as part of a scattered site or
19 mixed-income development commits a Class 2 felony and shall
20 be sentenced to a term of imprisonment of not less than 3
21 years and not more than 7 years.
22 (1.5) A person who violates subsection 24-1(a)(4),
23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
24 time of day or the time of year, in residential property
25 owned, operated, or managed by a public housing agency or
26 leased by a public housing agency as part of a scattered

HB3357- 110 -LRB099 07578 RLC 27707 b
1 site or mixed-income development, in a public park, in a
2 courthouse, on the real property comprising any school,
3 regardless of the time of day or the time of year, on
4 residential property owned, operated, or managed by a
5 public housing agency or leased by a public housing agency
6 as part of a scattered site or mixed-income development, on
7 the real property comprising any public park, on the real
8 property comprising any courthouse, in any conveyance
9 owned, leased, or contracted by a school to transport
10 students to or from school or a school related activity, in
11 any conveyance owned, leased, or contracted by a public
12 transportation agency, or on any public way within 1,000
13 feet of the real property comprising any school, public
14 park, courthouse, public transportation facility, or
15 residential property owned, operated, or managed by a
16 public housing agency or leased by a public housing agency
17 as part of a scattered site or mixed-income development
18 commits a Class 3 felony.
19 (2) A person who violates subsection 24-1(a)(1),
20 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
21 time of day or the time of year, in residential property
22 owned, operated or managed by a public housing agency or
23 leased by a public housing agency as part of a scattered
24 site or mixed-income development, in a public park, in a
25 courthouse, on the real property comprising any school,
26 regardless of the time of day or the time of year, on

HB3357- 111 -LRB099 07578 RLC 27707 b
1 residential property owned, operated or managed by a public
2 housing agency or leased by a public housing agency as part
3 of a scattered site or mixed-income development, on the
4 real property comprising any public park, on the real
5 property comprising any courthouse, in any conveyance
6 owned, leased or contracted by a school to transport
7 students to or from school or a school related activity, in
8 any conveyance owned, leased, or contracted by a public
9 transportation agency, or on any public way within 1,000
10 feet of the real property comprising any school, public
11 park, courthouse, public transportation facility, or
12 residential property owned, operated, or managed by a
13 public housing agency or leased by a public housing agency
14 as part of a scattered site or mixed-income development
15 commits a Class 4 felony. "Courthouse" means any building
16 that is used by the Circuit, Appellate, or Supreme Court of
17 this State for the conduct of official business.
18 (3) Paragraphs (1), (1.5), and (2) of this subsection
19 (c) shall not apply to law enforcement officers or security
20 officers of such school, college, or university or to
21 students carrying or possessing firearms for use in
22 training courses, parades, hunting, target shooting on
23 school ranges, or otherwise with the consent of school
24 authorities and which firearms are transported unloaded
25 enclosed in a suitable case, box, or transportation
26 package.

HB3357- 112 -LRB099 07578 RLC 27707 b
1 (4) For the purposes of this subsection (c), "school"
2 means any public or private elementary or secondary school,
3 community college, college, or university.
4 (5) For the purposes of this subsection (c), "public
5 transportation agency" means a public or private agency
6 that provides for the transportation or conveyance of
7 persons by means available to the general public, except
8 for transportation by automobiles not used for conveyance
9 of the general public as passengers; and "public
10 transportation facility" means a terminal or other place
11 where one may obtain public transportation.
12 (d) The presence in an automobile other than a public
13omnibus of any weapon, instrument or substance referred to in
14subsection (a)(7) is prima facie evidence that it is in the
15possession of, and is being carried by, all persons occupying
16such automobile at the time such weapon, instrument or
17substance is found, except under the following circumstances:
18(i) if such weapon, instrument or instrumentality is found upon
19the person of one of the occupants therein; or (ii) if such
20weapon, instrument or substance is found in an automobile
21operated for hire by a duly licensed driver in the due, lawful
22and proper pursuit of his trade, then such presumption shall
23not apply to the driver.
24 (e) Exemptions. Crossbows, Common or Compound bows and
25Underwater Spearguns are exempted from the definition of
26ballistic knife as defined in paragraph (1) of subsection (a)

HB3357- 113 -LRB099 07578 RLC 27707 b
1of this Section.
2(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
395-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
496-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
5 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
6 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
7Felons or Persons in the Custody of the Department of
8Corrections Facilities.
9 (a) It is unlawful for a person to knowingly possess on or
10about his person or on his land or in his own abode or fixed
11place of business any weapon prohibited under Section 24-1 of
12this Act or any firearm or any firearm ammunition if the person
13has been convicted of a felony under the laws of this State or
14any other jurisdiction. This Section shall not apply if the
15person has been granted relief under this subsection by the
16Director of the Department of State Police under Section 10 of
17the Firearm Owners Identification Card Act. A person prohibited
18from possessing a firearm under this subsection (a) may
19petition the Director of State Police for a hearing and relief
20from the prohibition, unless the prohibition was based upon a
21forcible felony, stalking, aggravated stalking, domestic
22battery, any violation of the Illinois Controlled Substances
23Act, the Methamphetamine Control and Community Protection Act,
24or the Cannabis Control Act that is classified as a Class 2 or
25greater felony, any felony violation of Article 24 of the

HB3357- 114 -LRB099 07578 RLC 27707 b
1Criminal Code of 1961 or the Criminal Code of 2012, or any
2adjudication as a delinquent minor for the commission of an
3offense that if committed by an adult would be a felony, in
4which case the person may petition the circuit court in writing
5in the county of his or her residence for a hearing and relief
6from the prohibition. The Director or court may grant the
7relief if it is established by the petitioner to the court's or
8Director's satisfaction that:
9 (1) when in the circuit court, the State's Attorney has
10 been served with a written copy of the petition at least 30
11 days before any hearing in the circuit court and at the
12 hearing the State's Attorney was afforded an opportunity to
13 present evidence and object to the petition;
14 (2) the petitioner has not been convicted of a forcible
15 felony under the laws of this State or any other
16 jurisdiction within 20 years of the filing of the petition,
17 or at least 20 years have passed since the end of any
18 period of imprisonment imposed in relation to that
19 conviction;
20 (3) the circumstances regarding a criminal conviction,
21 where applicable, the petitioner's criminal history and
22 his or her reputation are such that the petitioner will not
23 be likely to act in a manner dangerous to public safety;
24 (4) granting relief would not be contrary to the public
25 interest; and
26 (5) granting relief would not be contrary to federal

HB3357- 115 -LRB099 07578 RLC 27707 b
1 law.
2 (b) It is unlawful for any person confined in a penal
3institution, which is a facility of the Illinois Department of
4Corrections, to possess any weapon prohibited under Section
524-1 of this Code or any firearm or firearm ammunition,
6regardless of the intent with which he possesses it.
7 (c) It shall be an affirmative defense to a violation of
8subsection (b), that such possession was specifically
9authorized by rule, regulation, or directive of the Illinois
10Department of Corrections or order issued pursuant thereto.
11 (d) The defense of necessity is not available to a person
12who is charged with a violation of subsection (b) of this
13Section.
14 (e) Sentence. Violation of this Section by a person not
15confined in a penal institution shall be a Class 3 felony for
16which the person shall be sentenced to no less than 2 years and
17no more than 10 years and any second or subsequent violation
18shall be a Class 2 felony for which the person shall be
19sentenced to a term of imprisonment of not less than 3 years
20and not more than 14 years. Violation of this Section by a
21person not confined in a penal institution who has been
22convicted of a forcible felony, a felony violation of Article
2324 of this Code or of the Firearm Owners Identification Card
24Act, stalking or aggravated stalking, or a Class 2 or greater
25felony under the Illinois Controlled Substances Act, the
26Cannabis Control Act, or the Methamphetamine Control and

HB3357- 116 -LRB099 07578 RLC 27707 b
1Community Protection Act is a Class 2 felony for which the
2person shall be sentenced to not less than 3 years and not more
3than 14 years. Violation of this Section by a person who is on
4parole or mandatory supervised release is a Class 2 felony for
5which the person shall be sentenced to not less than 3 years
6and not more than 14 years. Violation of this Section by a
7person not confined in a penal institution is a Class X felony
8when the firearm possessed is a machine gun. Any person who
9violates this Section while confined in a penal institution,
10which is a facility of the Illinois Department of Corrections,
11is guilty of a Class 1 felony, if he possesses any weapon
12prohibited under Section 24-1 of this Code regardless of the
13intent with which he possesses it, a Class X felony if he
14possesses any firearm, firearm ammunition or explosive, and a
15Class X felony for which the offender shall be sentenced to not
16less than 12 years and not more than 50 years when the firearm
17possessed is a machine gun. A violation of this Section while
18wearing or in possession of body armor as defined in Section
1933F-1 is a Class X felony punishable by a term of imprisonment
20of not less than 10 years and not more than 40 years. The
21possession of each firearm or firearm ammunition in violation
22of this Section constitutes a single and separate violation.
23(Source: P.A. 97-237, eff. 1-1-12.)
24 (720 ILCS 5/24-1.6)
25 Sec. 24-1.6. Aggravated unlawful use of a weapon.

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

HB3357- 118 -LRB099 07578 RLC 27707 b
1 time of the offense and the person possessing the
2 pistol, revolver, or handgun has not been issued a
3 currently valid license under the Firearm Concealed
4 Carry Act; or
5 (B) the firearm, other than a pistol, revolver, or
6 handgun, possessed was uncased, unloaded, and the
7 ammunition for the weapon was immediately accessible
8 at the time of the offense; or
9 (B-5) the pistol, revolver, or handgun possessed
10 was uncased, unloaded, and the ammunition for the
11 weapon was immediately accessible at the time of the
12 offense and the person possessing the pistol,
13 revolver, or handgun has not been issued a currently
14 valid license under the Firearm Concealed Carry Act; or
15 (C) (blank); or the person possessing the firearm
16 has not been issued a currently valid Firearm Owner's
17 Identification Card; or
18 (D) the person possessing the weapon was
19 previously adjudicated a delinquent minor under the
20 Juvenile Court Act of 1987 for an act that if committed
21 by an adult would be a felony; or
22 (E) the person possessing the weapon was engaged in
23 a misdemeanor violation of the Cannabis Control Act, in
24 a misdemeanor violation of the Illinois Controlled
25 Substances Act, or in a misdemeanor violation of the
26 Methamphetamine Control and Community Protection Act;

HB3357- 119 -LRB099 07578 RLC 27707 b
1 or
2 (F) (blank); or
3 (G) the person possessing the weapon had a order of
4 protection issued against him or her within the
5 previous 2 years; or
6 (H) the person possessing the weapon was engaged in
7 the commission or attempted commission of a
8 misdemeanor involving the use or threat of violence
9 against the person or property of another; or
10 (I) the person possessing the weapon was under 21
11 years of age and in possession of a handgun, unless the
12 person under 21 is engaged in lawful activities under
13 the Wildlife Code or described in subsection
14 24-2(b)(1), (b)(3), or 24-2(f).
15 (a-5) "Handgun" as used in this Section has the meaning
16given to it in Section 5 of the Firearm Concealed Carry Act.
17 (b) "Stun gun or taser" as used in this Section has the
18same definition given to it in Section 24-1 of this Code.
19 (c) This Section does not apply to or affect the
20transportation or possession of weapons that:
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 person
25 who is eligible under State and federal law to possess a
26 firearm has been issued a currently valid Firearm Owner's

HB3357- 120 -LRB099 07578 RLC 27707 b
1 Identification Card.
2 (d) Sentence.
3 (1) Aggravated unlawful use of a weapon is a Class 4
4 felony; a second or subsequent offense is a Class 2 felony
5 for which the person shall be sentenced to a term of
6 imprisonment of not less than 3 years and not more than 7
7 years.
8 (2) (Blank). Except as otherwise provided in
9 paragraphs (3) and (4) of this subsection (d), a first
10 offense of aggravated unlawful use of a weapon committed
11 with a firearm by a person 18 years of age or older where
12 the factors listed in both items (A) and (C) or both items
13 (A-5) and (C) of paragraph (3) of subsection (a) are
14 present is a Class 4 felony, for which the person shall be
15 sentenced to a term of imprisonment of not less than one
16 year and not more than 3 years.
17 (3) Aggravated unlawful use of a weapon by a person who
18 has been previously convicted of a felony in this State or
19 another jurisdiction is a Class 2 felony for which the
20 person shall be sentenced to a term of imprisonment of not
21 less than 3 years and not more than 7 years.
22 (4) Aggravated unlawful use of a weapon while wearing
23 or in possession of body armor as defined in Section 33F-1
24 by a person who is prohibited under State or federal law
25 from possessing a firearm has not been issued a valid
26 Firearms Owner's Identification Card in accordance with

HB3357- 121 -LRB099 07578 RLC 27707 b
1 Section 5 of the Firearm Owners Identification Card Act is
2 a Class X felony.
3 (e) The possession of each firearm in violation of this
4Section constitutes a single and separate violation.
5(Source: P.A. 98-63, eff. 7-9-13.)
6 (720 ILCS 5/24-1.8)
7 Sec. 24-1.8. Unlawful possession of a firearm by a street
8gang member.
9 (a) A person commits unlawful possession of a firearm by a
10street gang member when he or she knowingly:
11 (1) possesses, carries, or conceals on or about his or
12 her person a firearm and firearm ammunition while on any
13 street, road, alley, gangway, sidewalk, or any other lands,
14 except when inside his or her own abode or inside his or
15 her fixed place of business, and has not been issued a
16 currently valid Firearm Owner's Identification Card and is
17 a member of a street gang; or
18 (2) possesses or carries in any vehicle a firearm and
19 firearm ammunition which are both immediately accessible
20 at the time of the offense while on any street, road,
21 alley, or any other lands, except when inside his or her
22 own abode or garage, and has not been issued a currently
23 valid Firearm Owner's Identification Card and is a member
24 of a street gang.
25 (b) Unlawful possession of a firearm by a street gang

HB3357- 122 -LRB099 07578 RLC 27707 b
1member is a Class 2 felony for which the person, if sentenced
2to a term of imprisonment, shall be sentenced to no less than 3
3years and no more than 10 years. A period of probation, a term
4of periodic imprisonment or conditional discharge shall not be
5imposed for the offense of unlawful possession of a firearm by
6a street gang member when the firearm was loaded or contained
7firearm ammunition and the court shall sentence the offender to
8not less than the minimum term of imprisonment authorized for
9the Class 2 felony.
10 (c) For purposes of this Section:
11 "Street gang" or "gang" has the meaning ascribed to it
12 in Section 10 of the Illinois Streetgang Terrorism Omnibus
13 Prevention Act.
14 "Street gang member" or "gang member" has the meaning
15 ascribed to it in Section 10 of the Illinois Streetgang
16 Terrorism Omnibus Prevention Act.
17(Source: P.A. 96-829, eff. 12-3-09.)
18 (720 ILCS 5/24-2)
19 Sec. 24-2. Exemptions.
20 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
22the following:
23 (1) Peace officers, and any person summoned by a peace
24 officer to assist in making arrests or preserving the
25 peace, while actually engaged in assisting such officer.

HB3357- 123 -LRB099 07578 RLC 27707 b
1 (2) Wardens, superintendents and keepers of prisons,
2 penitentiaries, jails and other institutions for the
3 detention of persons accused or convicted of an offense,
4 while in the performance of their official duty, or while
5 commuting between their homes and places of employment.
6 (3) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard or the
8 Reserve Officers Training Corps, while in the performance
9 of their official duty.
10 (4) Special agents employed by a railroad or a public
11 utility to perform police functions, and guards of armored
12 car companies, while actually engaged in the performance of
13 the duties of their employment or commuting between their
14 homes and places of employment; and watchmen while actually
15 engaged in the performance of the duties of their
16 employment.
17 (5) Persons licensed as private security contractors,
18 private detectives, or private alarm contractors, or
19 employed by an agency certified by the Department of
20 Financial and Professional Regulation, if their duties
21 include the carrying of a weapon under the provisions of
22 the Private Detective, Private Alarm, Private Security,
23 Fingerprint Vendor, and Locksmith Act of 2004, while
24 actually engaged in the performance of the duties of their
25 employment or commuting between their homes and places of
26 employment, provided that such commuting is accomplished

HB3357- 124 -LRB099 07578 RLC 27707 b
1 within one hour from departure from home or place of
2 employment, as the case may be. A person shall be
3 considered eligible for this exemption if he or she has
4 completed the required 20 hours of training for a private
5 security contractor, private detective, or private alarm
6 contractor, or employee of a licensed agency and 20 hours
7 of required firearm training, and has been issued a firearm
8 control card by the Department of Financial and
9 Professional Regulation. Conditions for the renewal of
10 firearm control cards issued under the provisions of this
11 Section shall be the same as for those cards issued under
12 the provisions of the Private Detective, Private Alarm,
13 Private Security, Fingerprint Vendor, and Locksmith Act of
14 2004. The firearm control card shall be carried by the
15 private security contractor, private detective, or private
16 alarm contractor, or employee of the licensed agency at all
17 times when he or she is in possession of a concealable
18 weapon.
19 (6) Any person regularly employed in a commercial or
20 industrial operation as a security guard for the protection
21 of persons employed and private property related to such
22 commercial or industrial operation, while actually engaged
23 in the performance of his or her duty or traveling between
24 sites or properties belonging to the employer, and who, as
25 a security guard, is a member of a security force of at
26 least 5 persons registered with the Department of Financial

HB3357- 125 -LRB099 07578 RLC 27707 b
1 and Professional Regulation; provided that such security
2 guard has successfully completed a course of study,
3 approved by and supervised by the Department of Financial
4 and Professional Regulation, consisting of not less than 40
5 hours of training that includes the theory of law
6 enforcement, liability for acts, and the handling of
7 weapons. A person shall be considered eligible for this
8 exemption if he or she has completed the required 20 hours
9 of training for a security officer and 20 hours of required
10 firearm training, and has been issued a firearm control
11 card by the Department of Financial and Professional
12 Regulation. Conditions for the renewal of firearm control
13 cards issued under the provisions of this Section shall be
14 the same as for those cards issued under the provisions of
15 the Private Detective, Private Alarm, Private Security,
16 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
17 control card shall be carried by the security guard at all
18 times when he or she is in possession of a concealable
19 weapon.
20 (7) Agents and investigators of the Illinois
21 Legislative Investigating Commission authorized by the
22 Commission to carry the weapons specified in subsections
23 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
24 any investigation for the Commission.
25 (8) Persons employed by a financial institution for the
26 protection of other employees and property related to such

HB3357- 126 -LRB099 07578 RLC 27707 b
1 financial institution, while actually engaged in the
2 performance of their duties, commuting between their homes
3 and places of employment, or traveling between sites or
4 properties owned or operated by such financial
5 institution, provided that any person so employed has
6 successfully completed a course of study, approved by and
7 supervised by the Department of Financial and Professional
8 Regulation, consisting of not less than 40 hours of
9 training which includes theory of law enforcement,
10 liability for acts, and the handling of weapons. A person
11 shall be considered to be eligible for this exemption if he
12 or she has completed the required 20 hours of training for
13 a security officer and 20 hours of required firearm
14 training, and has been issued a firearm control card by the
15 Department of Financial and Professional Regulation.
16 Conditions for renewal of firearm control cards issued
17 under the provisions of this Section shall be the same as
18 for those issued under the provisions of the Private
19 Detective, Private Alarm, Private Security, Fingerprint
20 Vendor, and Locksmith Act of 2004. Such firearm control
21 card shall be carried by the person so trained at all times
22 when such person is in possession of a concealable weapon.
23 For purposes of this subsection, "financial institution"
24 means a bank, savings and loan association, credit union or
25 company providing armored car services.
26 (9) Any person employed by an armored car company to

HB3357- 127 -LRB099 07578 RLC 27707 b
1 drive an armored car, while actually engaged in the
2 performance of his duties.
3 (10) Persons who have been classified as peace officers
4 pursuant to the Peace Officer Fire Investigation Act.
5 (11) Investigators of the Office of the State's
6 Attorneys Appellate Prosecutor authorized by the board of
7 governors of the Office of the State's Attorneys Appellate
8 Prosecutor to carry weapons pursuant to Section 7.06 of the
9 State's Attorneys Appellate Prosecutor's Act.
10 (12) Special investigators appointed by a State's
11 Attorney under Section 3-9005 of the Counties Code.
12 (12.5) Probation officers while in the performance of
13 their duties, or while commuting between their homes,
14 places of employment or specific locations that are part of
15 their assigned duties, with the consent of the chief judge
16 of the circuit for which they are employed, if they have
17 received weapons training according to requirements of the
18 Peace Officer and Probation Officer Firearm Training Act.
19 (13) Court Security Officers while in the performance
20 of their official duties, or while commuting between their
21 homes and places of employment, with the consent of the
22 Sheriff.
23 (13.5) A person employed as an armed security guard at
24 a nuclear energy, storage, weapons or development site or
25 facility regulated by the Nuclear Regulatory Commission
26 who has completed the background screening and training

HB3357- 128 -LRB099 07578 RLC 27707 b
1 mandated by the rules and regulations of the Nuclear
2 Regulatory Commission.
3 (14) Manufacture, transportation, or sale of weapons
4 to persons authorized under subdivisions (1) through
5 (13.5) of this subsection to possess those weapons.
6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
7to or affect any person carrying a concealed pistol, revolver,
8or handgun and the person has been issued a currently valid
9license under the Firearm Concealed Carry Act at the time of
10the commission of the offense.
11 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any of the following:
13 (1) Members of any club or organization organized for
14 the purpose of practicing shooting at targets upon
15 established target ranges, whether public or private, and
16 patrons of such ranges, while such members or patrons are
17 using their firearms on those target ranges.
18 (2) Duly authorized military or civil organizations
19 while parading, with the special permission of the
20 Governor.
21 (3) Hunters, trappers or fishermen with a license or
22 permit while engaged in hunting, trapping or fishing.
23 (4) Transportation of weapons that are broken down in a
24 non-functioning state or are not immediately accessible.
25 (5) Carrying or possessing any pistol, revolver, stun
26 gun or taser or other firearm on the land or in the legal

HB3357- 129 -LRB099 07578 RLC 27707 b
1 dwelling of another person as an invitee with that person's
2 permission.
3 (c) Subsection 24-1(a)(7) does not apply to or affect any
4of the following:
5 (1) Peace officers while in performance of their
6 official duties.
7 (2) Wardens, superintendents and keepers of prisons,
8 penitentiaries, jails and other institutions for the
9 detention of persons accused or convicted of an offense.
10 (3) Members of the Armed Services or Reserve Forces of
11 the United States or the Illinois National Guard, while in
12 the performance of their official duty.
13 (4) Manufacture, transportation, or sale of machine
14 guns to persons authorized under subdivisions (1) through
15 (3) of this subsection to possess machine guns, if the
16 machine guns are broken down in a non-functioning state or
17 are not immediately accessible.
18 (5) Persons licensed under federal law to manufacture
19 any weapon from which 8 or more shots or bullets can be
20 discharged by a single function of the firing device, or
21 ammunition for such weapons, and actually engaged in the
22 business of manufacturing such weapons or ammunition, but
23 only with respect to activities which are within the lawful
24 scope of such business, such as the manufacture,
25 transportation, or testing of such weapons or ammunition.
26 This exemption does not authorize the general private

HB3357- 130 -LRB099 07578 RLC 27707 b
1 possession of any weapon from which 8 or more shots or
2 bullets can be discharged by a single function of the
3 firing device, but only such possession and activities as
4 are within the lawful scope of a licensed manufacturing
5 business described in this paragraph.
6 During transportation, such weapons shall be broken
7 down in a non-functioning state or not immediately
8 accessible.
9 (6) The manufacture, transport, testing, delivery,
10 transfer or sale, and all lawful commercial or experimental
11 activities necessary thereto, of rifles, shotguns, and
12 weapons made from rifles or shotguns, or ammunition for
13 such rifles, shotguns or weapons, where engaged in by a
14 person operating as a contractor or subcontractor pursuant
15 to a contract or subcontract for the development and supply
16 of such rifles, shotguns, weapons or ammunition to the
17 United States government or any branch of the Armed Forces
18 of the United States, when such activities are necessary
19 and incident to fulfilling the terms of such contract.
20 The exemption granted under this subdivision (c)(6)
21 shall also apply to any authorized agent of any such
22 contractor or subcontractor who is operating within the
23 scope of his employment, where such activities involving
24 such weapon, weapons or ammunition are necessary and
25 incident to fulfilling the terms of such contract.
26 (7) A person possessing a rifle with a barrel or

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

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

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1report of any firearm, but only such possession and activities
2as are within the lawful scope of a licensed manufacturing
3business described in this subsection (g-5). During
4transportation, these devices shall be detached from any weapon
5or not immediately accessible.
6 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any parole agent or parole
8supervisor who meets the qualifications and conditions
9prescribed in Section 3-14-1.5 of the Unified Code of
10Corrections.
11 (g-7) Subsection 24-1(a)(6) does not apply to a peace
12officer while serving as a member of a tactical response team
13or special operations team. A peace officer may not personally
14own or apply for ownership of a device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm. These devices shall be owned and
17maintained by lawfully recognized units of government whose
18duties include the investigation of criminal acts.
19 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
21athlete's possession, transport on official Olympic and
22Paralympic transit systems established for athletes, or use of
23competition firearms sanctioned by the International Olympic
24Committee, the International Paralympic Committee, the
25International Shooting Sport Federation, or USA Shooting in
26connection with such athlete's training for and participation

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1in shooting competitions at the 2016 Olympic and Paralympic
2Games and sanctioned test events leading up to the 2016 Olympic
3and Paralympic Games.
4 (h) An information or indictment based upon a violation of
5any subsection of this Article need not negative any exemptions
6contained in this Article. The defendant shall have the burden
7of proving such an exemption.
8 (i) Nothing in this Article shall prohibit, apply to, or
9affect the transportation, carrying, or possession, of any
10pistol or revolver, stun gun, taser, or other firearm consigned
11to a common carrier operating under license of the State of
12Illinois or the federal government, where such transportation,
13carrying, or possession is incident to the lawful
14transportation in which such common carrier is engaged; and
15nothing in this Article shall prohibit, apply to, or affect the
16transportation, carrying, or possession of any pistol,
17revolver, stun gun, taser, or other firearm, not the subject of
18and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
19this Article, which is unloaded and enclosed in a case, firearm
20carrying box, shipping box, or other container, by a person
21eligible under State and federal law to possess a firearm the
22possessor of a valid Firearm Owners Identification Card.
23(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
2497-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
2598-463, eff. 8-16-13; 98-725, eff. 1-1-15.)

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1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
2 Sec. 24-3. Unlawful sale or delivery of firearms.
3 (A) A person commits the offense of unlawful sale or
4delivery of firearms when he or she knowingly does any of the
5following:
6 (a) Sells or gives any firearm of a size which may be
7 concealed upon the person to any person under 18 years of
8 age.
9 (b) Sells or gives any firearm to a person under 21
10 years of age who has been convicted of a misdemeanor other
11 than a traffic offense or adjudged delinquent.
12 (c) Sells or gives any firearm to any narcotic addict.
13 (d) Sells or gives any firearm to any person who has
14 been convicted of a felony under the laws of this or any
15 other jurisdiction.
16 (e) Sells or gives any firearm to any person who has
17 been a patient in a mental institution within the past 5
18 years. In this subsection (e):
19 "Mental institution" means any hospital,
20 institution, clinic, evaluation facility, mental
21 health center, or part thereof, which is used primarily
22 for the care or treatment of persons with mental
23 illness.
24 "Patient in a mental institution" means the person
25 was admitted, either voluntarily or involuntarily, to
26 a mental institution for mental health treatment,

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

HB3357- 137 -LRB099 07578 RLC 27707 b
1 Department of State Police; or (4) the sale of a firearm to
2 a dealer licensed as a federal firearms dealer under
3 Section 923 of the federal Gun Control Act of 1968 (18
4 U.S.C. 923). For purposes of this paragraph (g),
5 "application" means when the buyer and seller reach an
6 agreement to purchase a firearm.
7 (h) While holding any license as a dealer, importer,
8 manufacturer or pawnbroker under the federal Gun Control
9 Act of 1968, manufactures, sells or delivers to any
10 unlicensed person a handgun having a barrel, slide, frame
11 or receiver which is a die casting of zinc alloy or any
12 other nonhomogeneous metal which will melt or deform at a
13 temperature of less than 800 degrees Fahrenheit. For
14 purposes of this paragraph, (1) "firearm" is defined as in
15 the Firearm Owners Identification Card Act; and (2)
16 "handgun" is defined as a firearm designed to be held and
17 fired by the use of a single hand, and includes a
18 combination of parts from which such a firearm can be
19 assembled.
20 (i) Sells or gives a firearm of any size to any person
21 under 18 years of age who is not eligible under State or
22 federal law to possess a firearm does not possess a valid
23 Firearm Owner's Identification Card.
24 (j) Sells or gives a firearm while engaged in the
25 business of selling firearms at wholesale or retail without
26 being licensed as a federal firearms dealer under Section

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1 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
2 In this paragraph (j):
3 A person "engaged in the business" means a person who
4 devotes time, attention, and labor to engaging in the
5 activity as a regular course of trade or business with the
6 principal objective of livelihood and profit, but does not
7 include a person who makes occasional repairs of firearms
8 or who occasionally fits special barrels, stocks, or
9 trigger mechanisms to firearms.
10 "With the principal objective of livelihood and
11 profit" means that the intent underlying the sale or
12 disposition of firearms is predominantly one of obtaining
13 livelihood and pecuniary gain, as opposed to other intents,
14 such as improving or liquidating a personal firearms
15 collection; however, proof of profit shall not be required
16 as to a person who engages in the regular and repetitive
17 purchase and disposition of firearms for criminal purposes
18 or terrorism.
19 (k) (Blank). Sells or transfers ownership of a firearm
20 to a person who does not display to the seller or
21 transferor of the firearm a currently valid Firearm Owner's
22 Identification Card that has previously been issued in the
23 transferee's name by the Department of State Police under
24 the provisions of the Firearm Owners Identification Card
25 Act. This paragraph (k) does not apply to the transfer of a
26 firearm to a person who is exempt from the requirement of

HB3357- 139 -LRB099 07578 RLC 27707 b
1 possessing a Firearm Owner's Identification Card under
2 Section 2 of the Firearm Owners Identification Card Act.
3 For the purposes of this Section, a currently valid Firearm
4 Owner's Identification Card means (i) a Firearm Owner's
5 Identification Card that has not expired or (ii) an
6 approval number issued in accordance with subsection
7 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
8 Identification Card Act shall be proof that the Firearm
9 Owner's Identification Card was valid.
10 (1) (Blank). In addition to the other requirements
11 of this paragraph (k), all persons who are not
12 federally licensed firearms dealers must also have
13 complied with subsection (a-10) of Section 3 of the
14 Firearm Owners Identification Card Act by determining
15 the validity of a purchaser's Firearm Owner's
16 Identification Card.
17 (2) (Blank). All sellers or transferors who have
18 complied with the requirements of subparagraph (1) of
19 this paragraph (k) shall not be liable for damages in
20 any civil action arising from the use or misuse by the
21 transferee of the firearm transferred, except for
22 willful or wanton misconduct on the part of the seller
23 or transferor.
24 (l) Not being entitled to the possession of a firearm,
25 delivers the firearm, knowing it to have been stolen or
26 converted. It may be inferred that a person who possesses a

HB3357- 140 -LRB099 07578 RLC 27707 b
1 firearm with knowledge that its serial number has been
2 removed or altered has knowledge that the firearm is stolen
3 or converted.
4 (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment of
9Public Act 78-355 subject to confiscation or seizure under the
10provisions of that Public Act. Nothing in Public Act 78-355
11shall be construed to prohibit the gift or trade of any firearm
12if that firearm was legally held or acquired within 6 months
13after the enactment of that Public Act.
14 (C) Sentence.
15 (1) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (c), (e), (f), (g),
17 or (h) of subsection (A) commits a Class 4 felony.
18 (2) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (b) or (i) of
20 subsection (A) commits a Class 3 felony.
21 (3) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (a) of subsection (A)
23 commits a Class 2 felony.
24 (4) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a) or , (b), or (i)
26 of subsection (A) in any school, on the real property

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

HB3357- 142 -LRB099 07578 RLC 27707 b
1 public housing agency or leased by a public housing agency
2 as part of a scattered site or mixed-income development, on
3 the real property comprising any public park, on the real
4 property comprising any courthouse, or on any public way
5 within 1,000 feet of the real property comprising any
6 public park, courthouse, or residential property owned,
7 operated, or managed by a public housing agency or leased
8 by a public housing agency as part of a scattered site or
9 mixed-income development commits a Class 2 felony.
10 (6) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (j) of subsection (A)
12 commits a Class A misdemeanor. A second or subsequent
13 violation is a Class 4 felony.
14 (7) (Blank). Any person convicted of unlawful sale or
15 delivery of firearms in violation of paragraph (k) of
16 subsection (A) commits a Class 4 felony, except that a
17 violation of subparagraph (1) of paragraph (k) of
18 subsection (A) shall not be punishable as a crime or petty
19 offense. A third or subsequent conviction for a violation
20 of paragraph (k) of subsection (A) is a Class 1 felony.
21 (8) A person 18 years of age or older convicted of
22 unlawful sale or delivery of firearms in violation of
23 paragraph (a) or (i) of subsection (A), when the firearm
24 that was sold or given to another person under 18 years of
25 age was used in the commission of or attempt to commit a
26 forcible felony, shall be fined or imprisoned, or both, not

HB3357- 143 -LRB099 07578 RLC 27707 b
1 to exceed the maximum provided for the most serious
2 forcible felony so committed or attempted by the person
3 under 18 years of age who was sold or given the firearm.
4 (9) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (d) of subsection (A)
6 commits a Class 3 felony.
7 (10) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (l) of subsection (A)
9 commits a Class 2 felony if the delivery is of one firearm.
10 Any person convicted of unlawful sale or delivery of
11 firearms in violation of paragraph (l) of subsection (A)
12 commits a Class 1 felony if the delivery is of not less
13 than 2 and not more than 5 firearms at the same time or
14 within a one year period. Any person convicted of unlawful
15 sale or delivery of firearms in violation of paragraph (l)
16 of subsection (A) commits a Class X felony for which he or
17 she shall be sentenced to a term of imprisonment of not
18 less than 6 years and not more than 30 years if the
19 delivery is of not less than 6 and not more than 10
20 firearms at the same time or within a 2 year period. Any
21 person convicted of unlawful sale or delivery of firearms
22 in violation of paragraph (l) of subsection (A) commits a
23 Class X felony for which he or she shall be sentenced to a
24 term of imprisonment of not less than 6 years and not more
25 than 40 years if the delivery is of not less than 11 and
26 not more than 20 firearms at the same time or within a 3

HB3357- 144 -LRB099 07578 RLC 27707 b
1 year period. Any person convicted of unlawful sale or
2 delivery of firearms in violation of paragraph (l) of
3 subsection (A) commits a Class X felony for which he or she
4 shall be sentenced to a term of imprisonment of not less
5 than 6 years and not more than 50 years if the delivery is
6 of not less than 21 and not more than 30 firearms at the
7 same time or within a 4 year period. Any person convicted
8 of unlawful sale or delivery of firearms in violation of
9 paragraph (l) of subsection (A) commits a Class X felony
10 for which he or she shall be sentenced to a term of
11 imprisonment of not less than 6 years and not more than 60
12 years if the delivery is of 31 or more firearms at the same
13 time or within a 5 year period.
14 (D) For purposes of this Section:
15 "School" means a public or private elementary or secondary
16school, community college, college, or university.
17 "School related activity" means any sporting, social,
18academic, or other activity for which students' attendance or
19participation is sponsored, organized, or funded in whole or in
20part by a school or school district.
21 (E) A prosecution for a violation of paragraph (k) of
22subsection (A) of this Section may be commenced within 6 years
23after the commission of the offense. A prosecution for a
24violation of this Section other than paragraph (g) of
25subsection (A) of this Section may be commenced within 5 years
26after the commission of the offense defined in the particular

HB3357- 145 -LRB099 07578 RLC 27707 b
1paragraph.
2(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
3eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
4 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
5 Sec. 24-3.1. Unlawful possession of firearms and firearm
6ammunition.
7 (a) A person commits the offense of unlawful possession of
8firearms or firearm ammunition when:
9 (1) He is under 18 years of age and has in his
10 possession any firearm of a size which may be concealed
11 upon the person; or
12 (2) He is under 21 years of age, has been convicted of
13 a misdemeanor other than a traffic offense or adjudged
14 delinquent and has any firearms or firearm ammunition in
15 his possession; or
16 (3) He is a narcotic addict and has any firearms or
17 firearm ammunition in his possession; or
18 (4) He has been a patient in a mental institution
19 within the past 5 years and has any firearms or firearm
20 ammunition in his possession. For purposes of this
21 paragraph (4):
22 "Mental institution" means any hospital,
23 institution, clinic, evaluation facility, mental
24 health center, or part thereof, which is used primarily
25 for the care or treatment of persons with mental

HB3357- 146 -LRB099 07578 RLC 27707 b
1 illness.
2 "Patient in a mental institution" means the person
3 was admitted, either voluntarily or involuntarily, to
4 a mental institution for mental health treatment,
5 unless the treatment was voluntary and solely for an
6 alcohol abuse disorder and no other secondary
7 substance abuse disorder or mental illness; or
8 (5) He is intellectually disabled and has any firearms
9 or firearm ammunition in his possession; or
10 (6) He has in his possession any explosive bullet.
11 For purposes of this paragraph "explosive bullet" means the
12projectile portion of an ammunition cartridge which contains or
13carries an explosive charge which will explode upon contact
14with the flesh of a human or an animal. "Cartridge" means a
15tubular metal case having a projectile affixed at the front
16thereof and a cap or primer at the rear end thereof, with the
17propellant contained in such tube between the projectile and
18the cap.
19 (a-5) A person prohibited from possessing a firearm under
20this Section may petition the Director of State Police for a
21hearing and relief from the prohibition, unless the prohibition
22was based upon a forcible felony, stalking, aggravated
23stalking, domestic battery, any violation of the Illinois
24Controlled Substances Act, the Methamphetamine Control and
25Community Protection Act, or the Cannabis Control Act that is
26classified as a Class 2 or greater felony, any felony violation

HB3357- 147 -LRB099 07578 RLC 27707 b
1of Article 24 of the Criminal Code of 1961 or the Criminal Code
2of 2012, or any adjudication as a delinquent minor for the
3commission of an offense that if committed by an adult would be
4a felony, in which case the person may petition the circuit
5court in writing in the county of his or her residence for a
6hearing and relief from the prohibition. The Director or court
7may grant the relief if it is established by the petitioner to
8the court's or Director's satisfaction that:
9 (1) when in the circuit court, the State's Attorney has
10 been served with a written copy of the petition at least 30
11 days before any hearing in the circuit court and at the
12 hearing the State's Attorney was afforded an opportunity to
13 present evidence and object to the petition;
14 (2) the petitioner has not been convicted of a forcible
15 felony under the laws of this State or any other
16 jurisdiction within 20 years of the filing of the petition,
17 or at least 20 years have passed since the end of any
18 period of imprisonment imposed in relation to that
19 conviction;
20 (3) the circumstances regarding a criminal conviction,
21 where applicable, the petitioner's criminal history and
22 his reputation are such that the petitioner will not be
23 likely to act in a manner dangerous to public safety;
24 (4) granting relief would not be contrary to the public
25 interest; and
26 (5) granting relief would not be contrary to federal

HB3357- 148 -LRB099 07578 RLC 27707 b
1 law.
2 (b) Sentence.
3 Unlawful possession of firearms, other than handguns, and
4firearm ammunition is a Class A misdemeanor. Unlawful
5possession of handguns is a Class 4 felony. The possession of
6each firearm or firearm ammunition in violation of this Section
7constitutes a single and separate violation.
8 (c) Nothing in paragraph (1) of subsection (a) of this
9Section prohibits a person under 18 years of age from
10participating in any lawful recreational activity with a
11firearm such as, but not limited to, practice shooting at
12targets upon established public or private target ranges or
13hunting, trapping, or fishing in accordance with the Wildlife
14Code or the Fish and Aquatic Life Code.
15(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)
16 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
17 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
18 (a) A person commits the offense of unlawful discharge of
19firearm projectiles when he or she knowingly or recklessly uses
20an armor piercing bullet, dragon's breath shotgun shell, bolo
21shell, or flechette shell in violation of this Section.
22 For purposes of this Section:
23 "Armor piercing bullet" means any handgun bullet or handgun
24ammunition with projectiles or projectile cores constructed
25entirely (excluding the presence of traces of other substances)

HB3357- 149 -LRB099 07578 RLC 27707 b
1from tungsten alloys, steel, iron, brass, bronze, beryllium
2copper or depleted uranium, or fully jacketed bullets larger
3than 22 caliber whose jacket has a weight of more than 25% of
4the total weight of the projectile, and excluding those handgun
5projectiles whose cores are composed of soft materials such as
6lead or lead alloys, zinc or zinc alloys, frangible projectiles
7designed primarily for sporting purposes, and any other
8projectiles or projectile cores that the U. S. Secretary of the
9Treasury finds to be primarily intended to be used for sporting
10purposes or industrial purposes or that otherwise does not
11constitute "armor piercing ammunition" as that term is defined
12by federal law.
13 "Dragon's breath shotgun shell" means any shotgun shell
14that contains exothermic pyrophoric mesh metal as the
15projectile and is designed for the purpose of throwing or
16spewing a flame or fireball to simulate a flame-thrower.
17 "Bolo shell" means any shell that can be fired in a firearm
18and expels as projectiles 2 or more metal balls connected by
19solid metal wire.
20 "Flechette shell" means any shell that can be fired in a
21firearm and expels 2 or more pieces of fin-stabilized solid
22metal wire or 2 or more solid dart-type projectiles.
23 (b) A person commits a Class X felony when he or she,
24knowing that a firearm, as defined in Section 1.1 of the
25Firearm Owners Identification Card Act, is loaded with an armor
26piercing bullet, dragon's breath shotgun shell, bolo shell, or

HB3357- 150 -LRB099 07578 RLC 27707 b
1flechette shell, intentionally or recklessly discharges such
2firearm and such bullet or shell strikes any other person.
3 (c) Any person who possesses, concealed on or about his or
4her person, an armor piercing bullet, dragon's breath shotgun
5shell, bolo shell, or flechette shell and a firearm suitable
6for the discharge thereof is guilty of a Class 2 felony.
7 (d) This Section does not apply to or affect any of the
8following:
9 (1) Peace officers;
10 (2) Wardens, superintendents and keepers of prisons,
11 penitentiaries, jails and other institutions for the
12 detention of persons accused or convicted of an offense;
13 (3) Members of the Armed Services or Reserve Forces of
14 the United States or the Illinois National Guard while in
15 the performance of their official duties;
16 (4) Federal officials required to carry firearms,
17 while engaged in the performance of their official duties;
18 (5) United States Marshals, while engaged in the
19 performance of their official duties.
20(Source: P.A. 92-423, eff. 1-1-02.)
21 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
22 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
23 (a) It shall be unlawful for any person who holds a license
24to sell at retail any alcoholic liquor issued by the Illinois
25Liquor Control Commission or local liquor control commissioner

HB3357- 151 -LRB099 07578 RLC 27707 b
1under the Liquor Control Act of 1934 or an agent or employee of
2the licensee to sell or deliver to any other person a firearm
3in or on the real property of the establishment where the
4licensee is licensed to sell alcoholic liquors unless the sale
5or delivery of the firearm is otherwise lawful under this
6Article and under the Firearm Owners Identification Card Act.
7 (b) Sentence. A violation of subsection (a) of this Section
8is a Class 4 felony.
9(Source: P.A. 87-591.)
10 (720 ILCS 5/24-3.5)
11 Sec. 24-3.5. Unlawful purchase of a firearm.
12 (a) For purposes of this Section, "firearms transaction
13record form" means a form:
14 (1) executed by a transferee of a firearm stating: (i)
15 the transferee's name and address (including county or
16 similar political subdivision); (ii) whether the
17 transferee is a citizen of the United States; (iii) the
18 transferee's State of residence; and (iv) the date and
19 place of birth, height, weight, and race of the transferee;
20 and
21 (2) on which the transferee certifies that he or she is
22 not prohibited by federal law from transporting or shipping
23 a firearm in interstate or foreign commerce or receiving a
24 firearm that has been shipped or transported in interstate
25 or foreign commerce or possessing a firearm in or affecting

HB3357- 152 -LRB099 07578 RLC 27707 b
1 commerce.
2 (b) A person commits the offense of unlawful purchase of a
3firearm who knowingly purchases or attempts to purchase a
4firearm with the intent to deliver that firearm to another
5person who is prohibited by federal or State law from
6possessing a firearm.
7 (c) A person commits the offense of unlawful purchase of a
8firearm when he or she, in purchasing or attempting to purchase
9a firearm, intentionally provides false or misleading
10information on a United States Department of the Treasury,
11Bureau of Alcohol, Tobacco and Firearms firearms transaction
12record form.
13 (d) Exemption. It is not a violation of subsection (b) of
14this Section for a person to make a gift or loan of a firearm to
15a person who is not prohibited by federal or State law from
16possessing a firearm if the transfer of the firearm is made in
17accordance with Section 3 of the Firearm Owners Identification
18Card Act.
19 (e) Sentence.
20 (1) A person who commits the offense of unlawful
21 purchase of a firearm:
22 (A) is guilty of a Class 2 felony for purchasing or
23 attempting to purchase one firearm;
24 (B) is guilty of a Class 1 felony for purchasing or
25 attempting to purchase not less than 2 firearms and not
26 more than 5 firearms at the same time or within a one

HB3357- 153 -LRB099 07578 RLC 27707 b
1 year period;
2 (C) is guilty of a Class X felony for which the
3 offender shall be sentenced to a term of imprisonment
4 of not less than 9 years and not more than 40 years for
5 purchasing or attempting to purchase not less than 6
6 firearms at the same time or within a 2 year period.
7 (2) In addition to any other penalty that may be
8 imposed for a violation of this Section, the court may
9 sentence a person convicted of a violation of subsection
10 (c) of this Section to a fine not to exceed $250,000 for
11 each violation.
12 (f) A prosecution for unlawful purchase of a firearm may be
13commenced within 6 years after the commission of the offense.
14(Source: P.A. 95-882, eff. 1-1-09.)
15 (720 ILCS 5/24-4.1)
16 Sec. 24-4.1. Report of lost or stolen firearms.
17 (a) If a person who possesses a valid Firearm Owner's
18Identification Card and who possesses or acquires a firearm
19thereafter loses the firearm, or if the firearm is stolen from
20the person, the person must report the loss or theft to the
21local law enforcement agency within 72 hours after obtaining
22knowledge of the loss or theft.
23 (b) A law enforcement agency having jurisdiction shall take
24a written report and shall, as soon as practical, enter the
25firearm's serial number as stolen into the Law Enforcement

HB3357- 154 -LRB099 07578 RLC 27707 b
1Agencies Data System (LEADS).
2 (c) A person shall not be in violation of this Section if:
3 (1) the failure to report is due to an act of God, act
4 of war, or inability of a law enforcement agency to receive
5 the report;
6 (2) the person is hospitalized, in a coma, or is
7 otherwise seriously physically or mentally impaired as to
8 prevent the person from reporting; or
9 (3) the person's designee makes a report if the person
10 is unable to make the report.
11 (d) Sentence. A person who violates this Section is guilty
12of a petty offense for a first violation. A second or
13subsequent violation of this Section is a Class A misdemeanor.
14(Source: P.A. 98-508, eff. 8-19-13.)
15 (720 ILCS 5/24-4.5 new)
16 Sec. 24-4.5. Dial up system.
17 (a) The Department of State Police shall provide a dial up
18telephone system or utilize other existing technology which
19shall be used by any federally licensed firearm dealer, gun
20show promoter, or gun show vendor who is to transfer a firearm,
21stun gun, or taser under the provisions of this Code. The
22Department of State Police may utilize existing technology
23which allows the caller to be charged a fee not to exceed $2.
24Fees collected by the Department of State Police shall be
25deposited in the State Police Services Fund and used to provide

HB3357- 155 -LRB099 07578 RLC 27707 b
1the service.
2 (b) Upon receiving a request from a federally licensed
3firearm dealer, gun show promoter, or gun show vendor, the
4Department of State Police shall immediately approve, or within
5the time period established by Section 24-3 of this Code
6regarding the delivery of firearms, stun guns, and tasers
7notify the inquiring dealer, gun show promoter, or gun show
8vendor of any objection that would disqualify the transferee
9from acquiring or possessing a firearm, stun gun, or taser. In
10conducting the inquiry, the Department of State Police shall
11initiate and complete an automated search of its criminal
12history record information files and those of the Federal
13Bureau of Investigation, including the National Instant
14Criminal Background Check System, and of the files of the
15Department of Human Services relating to mental health and
16developmental disabilities to obtain any felony conviction or
17patient hospitalization information which would disqualify a
18person from obtaining a firearm.
19 (c) If receipt of a firearm would not violate Section 24-3
20of this Code or federal law, the Department of State Police
21shall:
22 (1) assign a unique identification number to the
23 transfer; and
24 (2) provide the licensee, gun show promoter, or gun
25 show vendor with the number.
26 (d) Approvals issued by the Department of State Police for

HB3357- 156 -LRB099 07578 RLC 27707 b
1the purchase of a firearm are valid for 30 days from the date
2of issue.
3 (e)(1) The Department of State Police must act as the
4Illinois Point of Contact for the National Instant Criminal
5Background Check System.
6 (2) The Department of State Police and the Department of
7Human Services shall, in accordance with State and federal law
8regarding confidentiality, enter into a memorandum of
9understanding with the Federal Bureau of Investigation for the
10purpose of implementing the National Instant Criminal
11Background Check System in the State. The Department of State
12Police shall report the name, date of birth, and physical
13description of any person prohibited from possessing a firearm
14under this Code or 18 U.S.C. 922(g) and (n) to the National
15Instant Criminal Background Check System Index, Denied Persons
16Files.
17 (f) The Department of State Police shall adopt rules not
18inconsistent with this Section to implement this system.
19 (720 ILCS 5/24-9)
20 Sec. 24-9. Firearms; Child Protection.
21 (a) Except as provided in subsection (c), it is unlawful
22for any person to store or leave, within premises under his or
23her control, a firearm if the person knows or has reason to
24believe that a minor under the age of 14 years who does not
25have a Firearm Owners Identification Card is likely to gain

HB3357- 157 -LRB099 07578 RLC 27707 b
1access to the firearm without the lawful permission of the
2person possessing the firearm, minor's parent, guardian, or
3person having charge of the minor, and the minor causes death
4or great bodily harm with the firearm, unless the firearm is:
5 (1) secured by a device or mechanism, other than the
6 firearm safety, designed to render a firearm temporarily
7 inoperable; or
8 (2) placed in a securely locked box or container; or
9 (3) placed in some other location that a reasonable
10 person would believe to be secure from a minor under the
11 age of 14 years.
12 (b) Sentence. A person who violates this Section is guilty
13of a Class C misdemeanor and shall be fined not less than
14$1,000. A second or subsequent violation of this Section is a
15Class A misdemeanor.
16 (c) Subsection (a) does not apply:
17 (1) if the minor under 14 years of age gains access to
18 a firearm and uses it in a lawful act of self-defense or
19 defense of another; or
20 (2) to any firearm obtained by a minor under the age of
21 14 because of an unlawful entry of the premises by the
22 minor or another person.
23 (d) (Blank). For the purposes of this Section, "firearm"
24has the meaning ascribed to it in Section 1.1 of the Firearm
25Owners Identification Card Act.
26(Source: P.A. 91-18, eff. 1-1-00.)

HB3357- 158 -LRB099 07578 RLC 27707 b
1 Section 85. The Methamphetamine Control and Community
2Protection Act is amended by changing Section 10 as follows:
3 (720 ILCS 646/10)
4 Sec. 10. Definitions. As used in this Act:
5 "Anhydrous ammonia" has the meaning provided in subsection
6(d) of Section 3 of the Illinois Fertilizer Act of 1961.
7 "Anhydrous ammonia equipment" means all items used to
8store, hold, contain, handle, transfer, transport, or apply
9anhydrous ammonia for lawful purposes.
10 "Booby trap" means any device designed to cause physical
11injury when triggered by an act of a person approaching,
12entering, or moving through a structure, a vehicle, or any
13location where methamphetamine has been manufactured, is being
14manufactured, or is intended to be manufactured.
15 "Deliver" or "delivery" has the meaning provided in
16subsection (h) of Section 102 of the Illinois Controlled
17Substances Act.
18 "Director" means the Director of State Police or the
19Director's designated agents.
20 "Dispose" or "disposal" means to abandon, discharge,
21release, deposit, inject, dump, spill, leak, or place
22methamphetamine waste onto or into any land, water, or well of
23any type so that the waste has the potential to enter the
24environment, be emitted into the air, or be discharged into the

HB3357- 159 -LRB099 07578 RLC 27707 b
1soil or any waters, including groundwater.
2 "Emergency response" means the act of collecting evidence
3from or securing a methamphetamine laboratory site,
4methamphetamine waste site or other methamphetamine-related
5site and cleaning up the site, whether these actions are
6performed by public entities or private contractors paid by
7public entities.
8 "Emergency service provider" means a local, State, or
9federal peace officer, firefighter, emergency medical
10technician-ambulance, emergency medical
11technician-intermediate, emergency medical
12technician-paramedic, ambulance driver, or other medical or
13first aid personnel rendering aid, or any agent or designee of
14the foregoing.
15 "Finished methamphetamine" means methamphetamine in a form
16commonly used for personal consumption.
17 "Firearm" has the meaning provided in Section 2-7.5 of the
18Criminal Code of 2012 1.1 of the Firearm Owners Identification
19Card Act.
20 "Manufacture" means to produce, prepare, compound,
21convert, process, synthesize, concentrate, purify, separate,
22extract, or package any methamphetamine, methamphetamine
23precursor, methamphetamine manufacturing catalyst,
24methamphetamine manufacturing reagent, methamphetamine
25manufacturing solvent, or any substance containing any of the
26foregoing.

HB3357- 160 -LRB099 07578 RLC 27707 b
1 "Methamphetamine" means the chemical methamphetamine (a
2Schedule II controlled substance under the Illinois Controlled
3Substances Act) or any salt, optical isomer, salt of optical
4isomer, or analog thereof, with the exception of
53,4-Methylenedioxymethamphetamine (MDMA) or any other
6scheduled substance with a separate listing under the Illinois
7Controlled Substances Act.
8 "Methamphetamine manufacturing catalyst" means any
9substance that has been used, is being used, or is intended to
10be used to activate, accelerate, extend, or improve a chemical
11reaction involved in the manufacture of methamphetamine.
12 "Methamphetamine manufacturing environment" means a
13structure or vehicle in which:
14 (1) methamphetamine is being or has been manufactured;
15 (2) chemicals that are being used, have been used, or
16 are intended to be used to manufacture methamphetamine are
17 stored;
18 (3) methamphetamine manufacturing materials that have
19 been used to manufacture methamphetamine are stored; or
20 (4) methamphetamine manufacturing waste is stored.
21 "Methamphetamine manufacturing material" means any
22methamphetamine precursor, substance containing any
23methamphetamine precursor, methamphetamine manufacturing
24catalyst, substance containing any methamphetamine
25manufacturing catalyst, methamphetamine manufacturing reagent,
26substance containing any methamphetamine manufacturing

HB3357- 161 -LRB099 07578 RLC 27707 b
1reagent, methamphetamine manufacturing solvent, substance
2containing any methamphetamine manufacturing solvent, or any
3other chemical, substance, ingredient, equipment, apparatus,
4or item that is being used, has been used, or is intended to be
5used in the manufacture of methamphetamine.
6 "Methamphetamine manufacturing reagent" means any
7substance other than a methamphetamine manufacturing catalyst
8that has been used, is being used, or is intended to be used to
9react with and chemically alter any methamphetamine precursor.
10 "Methamphetamine manufacturing solvent" means any
11substance that has been used, is being used, or is intended to
12be used as a medium in which any methamphetamine precursor,
13methamphetamine manufacturing catalyst, methamphetamine
14manufacturing reagent, or any substance containing any of the
15foregoing is dissolved, diluted, or washed during any part of
16the methamphetamine manufacturing process.
17 "Methamphetamine manufacturing waste" means any chemical,
18substance, ingredient, equipment, apparatus, or item that is
19left over from, results from, or is produced by the process of
20manufacturing methamphetamine, other than finished
21methamphetamine.
22 "Methamphetamine precursor" means ephedrine,
23pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
24phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
25isomer, or salt of an optical isomer of any of these chemicals.
26 "Multi-unit dwelling" means a unified structure used or

HB3357- 162 -LRB099 07578 RLC 27707 b
1intended for use as a habitation, home, or residence that
2contains 2 or more condominiums, apartments, hotel rooms, motel
3rooms, or other living units.
4 "Package" means an item marked for retail sale that is not
5designed to be further broken down or subdivided for the
6purpose of retail sale.
7 "Participate" or "participation" in the manufacture of
8methamphetamine means to produce, prepare, compound, convert,
9process, synthesize, concentrate, purify, separate, extract,
10or package any methamphetamine, methamphetamine precursor,
11methamphetamine manufacturing catalyst, methamphetamine
12manufacturing reagent, methamphetamine manufacturing solvent,
13or any substance containing any of the foregoing, or to assist
14in any of these actions, or to attempt to take any of these
15actions, regardless of whether this action or these actions
16result in the production of finished methamphetamine.
17 "Person with a disability" means a person who suffers from
18a permanent physical or mental impairment resulting from
19disease, injury, functional disorder, or congenital condition
20which renders the person incapable of adequately providing for
21his or her own health and personal care.
22 "Procure" means to purchase, steal, gather, or otherwise
23obtain, by legal or illegal means, or to cause another to take
24such action.
25 "Second or subsequent offense" means an offense under this
26Act committed by an offender who previously committed an

HB3357- 163 -LRB099 07578 RLC 27707 b
1offense under this Act, the Illinois Controlled Substances Act,
2the Cannabis Control Act, or another Act of this State, another
3state, or the United States relating to methamphetamine,
4cannabis, or any other controlled substance.
5 "Standard dosage form", as used in relation to any
6methamphetamine precursor, means that the methamphetamine
7precursor is contained in a pill, tablet, capsule, caplet, gel
8cap, or liquid cap that has been manufactured by a lawful
9entity and contains a standard quantity of methamphetamine
10precursor.
11 "Unauthorized container", as used in relation to anhydrous
12ammonia, means any container that is not designed for the
13specific and sole purpose of holding, storing, transporting, or
14applying anhydrous ammonia. "Unauthorized container" includes,
15but is not limited to, any propane tank, fire extinguisher,
16oxygen cylinder, gasoline can, food or beverage cooler, or
17compressed gas cylinder used in dispensing fountain drinks.
18"Unauthorized container" does not encompass anhydrous ammonia
19manufacturing plants, refrigeration systems where anhydrous
20ammonia is used solely as a refrigerant, anhydrous ammonia
21transportation pipelines, anhydrous ammonia tankers, or
22anhydrous ammonia barges.
23(Source: P.A. 97-434, eff. 1-1-12.)
24 Section 90. The Code of Criminal Procedure of 1963 is
25amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and

HB3357- 164 -LRB099 07578 RLC 27707 b
1112A-14 as follows:
2 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
3 Sec. 110-10. Conditions of bail bond.
4 (a) If a person is released prior to conviction, either
5upon payment of bail security or on his or her own
6recognizance, the conditions of the bail bond shall be that he
7or she will:
8 (1) Appear to answer the charge in the court having
9 jurisdiction on a day certain and thereafter as ordered by
10 the court until discharged or final order of the court;
11 (2) Submit himself or herself to the orders and process
12 of the court;
13 (3) Not depart this State without leave of the court;
14 (4) Not violate any criminal statute of any
15 jurisdiction;
16 (5) At a time and place designated by the court,
17 surrender all firearms in his or her possession to a law
18 enforcement officer designated by the court to take custody
19 of and impound the firearms and physically surrender his or
20 her Firearm Owner's Identification Card to the clerk of the
21 circuit court when the offense the person has been charged
22 with is a forcible felony, stalking, aggravated stalking,
23 domestic battery, any violation of the Illinois Controlled
24 Substances Act, the Methamphetamine Control and Community
25 Protection Act, or the Cannabis Control Act that is

HB3357- 165 -LRB099 07578 RLC 27707 b
1 classified as a Class 2 or greater felony, or any felony
2 violation of Article 24 of the Criminal Code of 1961 or the
3 Criminal Code of 2012; the court may, however, forgo the
4 imposition of this condition when the circumstances of the
5 case clearly do not warrant it or when its imposition would
6 be impractical; if the Firearm Owner's Identification Card
7 is confiscated, the clerk of the circuit court shall mail
8 the confiscated card to the Illinois State Police; all
9 legally possessed firearms shall be returned to the person
10 upon the charges being dismissed, or if the person is found
11 not guilty, unless the finding of not guilty is by reason
12 of insanity; and
13 (6) At a time and place designated by the court, submit
14 to a psychological evaluation when the person has been
15 charged with a violation of item (4) of subsection (a) of
16 Section 24-1 of the Criminal Code of 1961 or the Criminal
17 Code of 2012 and that violation occurred in a school or in
18 any conveyance owned, leased, or contracted by a school to
19 transport students to or from school or a school-related
20 activity, or on any public way within 1,000 feet of real
21 property comprising any school.
22 Psychological evaluations ordered pursuant to this Section
23shall be completed promptly and made available to the State,
24the defendant, and the court. As a further condition of bail
25under these circumstances, the court shall order the defendant
26to refrain from entering upon the property of the school,

HB3357- 166 -LRB099 07578 RLC 27707 b
1including any conveyance owned, leased, or contracted by a
2school to transport students to or from school or a
3school-related activity, or on any public way within 1,000 feet
4of real property comprising any school. Upon receipt of the
5psychological evaluation, either the State or the defendant may
6request a change in the conditions of bail, pursuant to Section
7110-6 of this Code. The court may change the conditions of bail
8to include a requirement that the defendant follow the
9recommendations of the psychological evaluation, including
10undergoing psychiatric treatment. The conclusions of the
11psychological evaluation and any statements elicited from the
12defendant during its administration are not admissible as
13evidence of guilt during the course of any trial on the charged
14offense, unless the defendant places his or her mental
15competency in issue.
16 (b) The court may impose other conditions, such as the
17following, if the court finds that such conditions are
18reasonably necessary to assure the defendant's appearance in
19court, protect the public from the defendant, or prevent the
20defendant's unlawful interference with the orderly
21administration of justice:
22 (1) Report to or appear in person before such person or
23 agency as the court may direct;
24 (2) Refrain from possessing a firearm or other
25 dangerous weapon;
26 (3) Refrain from approaching or communicating with

HB3357- 167 -LRB099 07578 RLC 27707 b
1 particular persons or classes of persons;
2 (4) Refrain from going to certain described
3 geographical areas or premises;
4 (5) Refrain from engaging in certain activities or
5 indulging in intoxicating liquors or in certain drugs;
6 (6) Undergo treatment for drug addiction or
7 alcoholism;
8 (7) Undergo medical or psychiatric treatment;
9 (8) Work or pursue a course of study or vocational
10 training;
11 (9) Attend or reside in a facility designated by the
12 court;
13 (10) Support his or her dependents;
14 (11) If a minor resides with his or her parents or in a
15 foster home, attend school, attend a non-residential
16 program for youths, and contribute to his or her own
17 support at home or in a foster home;
18 (12) Observe any curfew ordered by the court;
19 (13) Remain in the custody of such designated person or
20 organization agreeing to supervise his release. Such third
21 party custodian shall be responsible for notifying the
22 court if the defendant fails to observe the conditions of
23 release which the custodian has agreed to monitor, and
24 shall be subject to contempt of court for failure so to
25 notify the court;
26 (14) Be placed under direct supervision of the Pretrial

HB3357- 168 -LRB099 07578 RLC 27707 b
1 Services Agency, Probation Department or Court Services
2 Department in a pretrial bond home supervision capacity
3 with or without the use of an approved electronic
4 monitoring device subject to Article 8A of Chapter V of the
5 Unified Code of Corrections;
6 (14.1) The court shall impose upon a defendant who is
7 charged with any alcohol, cannabis, methamphetamine, or
8 controlled substance violation and is placed under direct
9 supervision of the Pretrial Services Agency, Probation
10 Department or Court Services Department in a pretrial bond
11 home supervision capacity with the use of an approved
12 monitoring device, as a condition of such bail bond, a fee
13 that represents costs incidental to the electronic
14 monitoring for each day of such bail supervision ordered by
15 the court, unless after determining the inability of the
16 defendant to pay the fee, the court assesses a lesser fee
17 or no fee as the case may be. The fee shall be collected by
18 the clerk of the circuit court. The clerk of the circuit
19 court shall pay all monies collected from this fee to the
20 county treasurer for deposit in the substance abuse
21 services fund under Section 5-1086.1 of the Counties Code;
22 (14.2) The court shall impose upon all defendants,
23 including those defendants subject to paragraph (14.1)
24 above, placed under direct supervision of the Pretrial
25 Services Agency, Probation Department or Court Services
26 Department in a pretrial bond home supervision capacity

HB3357- 169 -LRB099 07578 RLC 27707 b
1 with the use of an approved monitoring device, as a
2 condition of such bail bond, a fee which shall represent
3 costs incidental to such electronic monitoring for each day
4 of such bail supervision ordered by the court, unless after
5 determining the inability of the defendant to pay the fee,
6 the court assesses a lesser fee or no fee as the case may
7 be. The fee shall be collected by the clerk of the circuit
8 court. The clerk of the circuit court shall pay all monies
9 collected from this fee to the county treasurer who shall
10 use the monies collected to defray the costs of
11 corrections. The county treasurer shall deposit the fee
12 collected in the county working cash fund under Section
13 6-27001 or Section 6-29002 of the Counties Code, as the
14 case may be;
15 (14.3) The Chief Judge of the Judicial Circuit may
16 establish reasonable fees to be paid by a person receiving
17 pretrial services while under supervision of a pretrial
18 services agency, probation department, or court services
19 department. Reasonable fees may be charged for pretrial
20 services including, but not limited to, pretrial
21 supervision, diversion programs, electronic monitoring,
22 victim impact services, drug and alcohol testing, DNA
23 testing, GPS electronic monitoring, assessments and
24 evaluations related to domestic violence and other
25 victims, and victim mediation services. The person
26 receiving pretrial services may be ordered to pay all costs

HB3357- 170 -LRB099 07578 RLC 27707 b
1 incidental to pretrial services in accordance with his or
2 her ability to pay those costs;
3 (14.4) For persons charged with violating Section
4 11-501 of the Illinois Vehicle Code, refrain from operating
5 a motor vehicle not equipped with an ignition interlock
6 device, as defined in Section 1-129.1 of the Illinois
7 Vehicle Code, pursuant to the rules promulgated by the
8 Secretary of State for the installation of ignition
9 interlock devices. Under this condition the court may allow
10 a defendant who is not self-employed to operate a vehicle
11 owned by the defendant's employer that is not equipped with
12 an ignition interlock device in the course and scope of the
13 defendant's employment;
14 (15) Comply with the terms and conditions of an order
15 of protection issued by the court under the Illinois
16 Domestic Violence Act of 1986 or an order of protection
17 issued by the court of another state, tribe, or United
18 States territory;
19 (16) Under Section 110-6.5 comply with the conditions
20 of the drug testing program; and
21 (17) Such other reasonable conditions as the court may
22 impose.
23 (c) When a person is charged with an offense under Section
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
26Criminal Code of 2012, involving a victim who is a minor under

HB3357- 171 -LRB099 07578 RLC 27707 b
118 years of age living in the same household with the defendant
2at the time of the offense, in granting bail or releasing the
3defendant on his own recognizance, the judge shall impose
4conditions to restrict the defendant's access to the victim
5which may include, but are not limited to conditions that he
6will:
7 1. Vacate the Household.
8 2. Make payment of temporary support to his dependents.
9 3. Refrain from contact or communication with the child
10 victim, except as ordered by the court.
11 (d) When a person is charged with a criminal offense and
12the victim is a family or household member as defined in
13Article 112A, conditions shall be imposed at the time of the
14defendant's release on bond that restrict the defendant's
15access to the victim. Unless provided otherwise by the court,
16the restrictions shall include requirements that the defendant
17do the following:
18 (1) refrain from contact or communication with the
19 victim for a minimum period of 72 hours following the
20 defendant's release; and
21 (2) refrain from entering or remaining at the victim's
22 residence for a minimum period of 72 hours following the
23 defendant's release.
24 (e) Local law enforcement agencies shall develop
25standardized bond forms for use in cases involving family or
26household members as defined in Article 112A, including

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1specific conditions of bond as provided in subsection (d).
2Failure of any law enforcement department to develop or use
3those forms shall in no way limit the applicability and
4enforcement of subsections (d) and (f).
5 (f) If the defendant is admitted to bail after conviction
6the conditions of the bail bond shall be that he will, in
7addition to the conditions set forth in subsections (a) and (b)
8hereof:
9 (1) Duly prosecute his appeal;
10 (2) Appear at such time and place as the court may
11 direct;
12 (3) Not depart this State without leave of the court;
13 (4) Comply with such other reasonable conditions as the
14 court may impose; and
15 (5) If the judgment is affirmed or the cause reversed
16 and remanded for a new trial, forthwith surrender to the
17 officer from whose custody he was bailed.
18 (g) Upon a finding of guilty for any felony offense, the
19defendant shall physically surrender, at a time and place
20designated by the court, any and all firearms in his or her
21possession and his or her Firearm Owner's Identification Card
22as a condition of remaining on bond pending sentencing.
23(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
2497-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.
251-25-13.)

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1 (725 ILCS 5/112A-11.1)
2 Sec. 112A-11.1. Procedure for determining whether certain
3misdemeanor crimes are crimes of domestic violence for purposes
4of federal law.
5 (a) When a defendant has been charged with a violation of
6Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
7Criminal Code of 1961 or the Criminal Code of 2012, the State
8may, at arraignment or no later than 45 days after arraignment,
9for the purpose of notification to the Department of State
10Police Firearm Owner's Identification Card Office, serve on the
11defendant and file with the court a notice alleging that
12conviction of the offense would subject the defendant to the
13prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
14between the defendant and the alleged victim and the nature of
15the alleged offense.
16 (b) The notice shall include the name of the person alleged
17to be the victim of the crime and shall specify the nature of
18the alleged relationship as set forth in 18 U.S.C.
19921(a)(33)(A)(ii). It shall also specify the element of the
20charged offense which requires the use or attempted use of
21physical force, or the threatened use of a deadly weapon, as
22set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
23notice that the defendant is entitled to a hearing on the
24allegation contained in the notice and that if the allegation
25is sustained, that determination and conviction shall be
26reported to the Department of State Police Firearm Owner's

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1Identification Card Office.
2 (c) After having been notified as provided in subsection
3(b) of this Section, the defendant may stipulate or admit,
4orally on the record or in writing, that conviction of the
5offense would subject the defendant to the prohibitions of 18
6U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
7922(g)(9) shall be deemed established for purposes of Section
8112A-11.2. If the defendant denies the applicability of 18
9U.S.C. 922(g)(9) as alleged in the notice served by the State,
10or stands mute with respect to that allegation, then the State
11shall bear the burden to prove beyond a reasonable doubt that
12the offense is one to which the prohibitions of 18 U.S.C.
13922(g)(9) apply. The court may consider reliable hearsay
14evidence submitted by either party provided that it is relevant
15to the determination of the allegation. Facts previously proven
16at trial or elicited at the time of entry of a plea of guilty
17shall be deemed established beyond a reasonable doubt and shall
18not be relitigated. At the conclusion of the hearing, or upon a
19stipulation or admission, as applicable, the court shall make a
20specific written determination with respect to the allegation.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
22 (725 ILCS 5/112A-11.2)
23 Sec. 112A-11.2. Notification to the Department of State
24Police Firearm Owner's Identification Card Office of
25determinations in certain misdemeanor cases. Upon judgment of

HB3357- 175 -LRB099 07578 RLC 27707 b
1conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
212-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
3Code of 2012 when the defendant has been determined, under
4Section 112A-11.1, to be subject to the prohibitions of 18
5U.S.C. 922(g)(9), the circuit court clerk shall include
6notification and a copy of the written determination in a
7report of the conviction to the Department of State Police
8Firearm Owner's Identification Card Office to enable the office
9to report that determination to the Federal Bureau of
10Investigation and assist the Bureau in identifying persons
11prohibited from purchasing and possessing a firearm pursuant to
12the provisions of 18 U.S.C. 922.
13(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
14 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
15 Sec. 112A-14. Order of protection; remedies.
16 (a) Issuance of order. If the court finds that petitioner
17has been abused by a family or household member, as defined in
18this Article, an order of protection prohibiting such abuse
19shall issue; provided that petitioner must also satisfy the
20requirements of one of the following Sections, as appropriate:
21Section 112A-17 on emergency orders, Section 112A-18 on interim
22orders, or Section 112A-19 on plenary orders. Petitioner shall
23not be denied an order of protection because petitioner or
24respondent is a minor. The court, when determining whether or
25not to issue an order of protection, shall not require physical

HB3357- 176 -LRB099 07578 RLC 27707 b
1manifestations of abuse on the person of the victim.
2Modification and extension of prior orders of protection shall
3be in accordance with this Article.
4 (b) Remedies and standards. The remedies to be included in
5an order of protection shall be determined in accordance with
6this Section and one of the following Sections, as appropriate:
7Section 112A-17 on emergency orders, Section 112A-18 on interim
8orders, and Section 112A-19 on plenary orders. The remedies
9listed in this subsection shall be in addition to other civil
10or criminal remedies available to petitioner.
11 (1) Prohibition of abuse. Prohibit respondent's
12 harassment, interference with personal liberty,
13 intimidation of a dependent, physical abuse or willful
14 deprivation, as defined in this Article, if such abuse has
15 occurred or otherwise appears likely to occur if not
16 prohibited.
17 (2) Grant of exclusive possession of residence.
18 Prohibit respondent from entering or remaining in any
19 residence, household, or premises of the petitioner,
20 including one owned or leased by respondent, if petitioner
21 has a right to occupancy thereof. The grant of exclusive
22 possession of the residence, household, or premises shall
23 not affect title to real property, nor shall the court be
24 limited by the standard set forth in Section 701 of the
25 Illinois Marriage and Dissolution of Marriage Act.
26 (A) Right to occupancy. A party has a right to

HB3357- 177 -LRB099 07578 RLC 27707 b
1 occupancy of a residence or household if it is solely
2 or jointly owned or leased by that party, that party's
3 spouse, a person with a legal duty to support that
4 party or a minor child in that party's care, or by any
5 person or entity other than the opposing party that
6 authorizes that party's occupancy (e.g., a domestic
7 violence shelter). Standards set forth in subparagraph
8 (B) shall not preclude equitable relief.
9 (B) Presumption of hardships. If petitioner and
10 respondent each has the right to occupancy of a
11 residence or household, the court shall balance (i) the
12 hardships to respondent and any minor child or
13 dependent adult in respondent's care resulting from
14 entry of this remedy with (ii) the hardships to
15 petitioner and any minor child or dependent adult in
16 petitioner's care resulting from continued exposure to
17 the risk of abuse (should petitioner remain at the
18 residence or household) or from loss of possession of
19 the residence or household (should petitioner leave to
20 avoid the risk of abuse). When determining the balance
21 of hardships, the court shall also take into account
22 the accessibility of the residence or household.
23 Hardships need not be balanced if respondent does not
24 have a right to occupancy.
25 The balance of hardships is presumed to favor
26 possession by petitioner unless the presumption is

HB3357- 178 -LRB099 07578 RLC 27707 b
1 rebutted by a preponderance of the evidence, showing
2 that the hardships to respondent substantially
3 outweigh the hardships to petitioner and any minor
4 child or dependent adult in petitioner's care. The
5 court, on the request of petitioner or on its own
6 motion, may order respondent to provide suitable,
7 accessible, alternate housing for petitioner instead
8 of excluding respondent from a mutual residence or
9 household.
10 (3) Stay away order and additional prohibitions. Order
11 respondent to stay away from petitioner or any other person
12 protected by the order of protection, or prohibit
13 respondent from entering or remaining present at
14 petitioner's school, place of employment, or other
15 specified places at times when petitioner is present, or
16 both, if reasonable, given the balance of hardships.
17 Hardships need not be balanced for the court to enter a
18 stay away order or prohibit entry if respondent has no
19 right to enter the premises.
20 If an order of protection grants petitioner exclusive
21 possession of the residence, or prohibits respondent from
22 entering the residence, or orders respondent to stay away
23 from petitioner or other protected persons, then the court
24 may allow respondent access to the residence to remove
25 items of clothing and personal adornment used exclusively
26 by respondent, medications, and other items as the court

HB3357- 179 -LRB099 07578 RLC 27707 b
1 directs. The right to access shall be exercised on only one
2 occasion as the court directs and in the presence of an
3 agreed-upon adult third party or law enforcement officer.
4 (4) Counseling. Require or recommend the respondent to
5 undergo counseling for a specified duration with a social
6 worker, psychologist, clinical psychologist, psychiatrist,
7 family service agency, alcohol or substance abuse program,
8 mental health center guidance counselor, agency providing
9 services to elders, program designed for domestic violence
10 abusers or any other guidance service the court deems
11 appropriate. The court may order the respondent in any
12 intimate partner relationship to report to an Illinois
13 Department of Human Services protocol approved partner
14 abuse intervention program for an assessment and to follow
15 all recommended treatment.
16 (5) Physical care and possession of the minor child. In
17 order to protect the minor child from abuse, neglect, or
18 unwarranted separation from the person who has been the
19 minor child's primary caretaker, or to otherwise protect
20 the well-being of the minor child, the court may do either
21 or both of the following: (i) grant petitioner physical
22 care or possession of the minor child, or both, or (ii)
23 order respondent to return a minor child to, or not remove
24 a minor child from, the physical care of a parent or person
25 in loco parentis.
26 If a court finds, after a hearing, that respondent has

HB3357- 180 -LRB099 07578 RLC 27707 b
1 committed abuse (as defined in Section 112A-3) of a minor
2 child, there shall be a rebuttable presumption that
3 awarding physical care to respondent would not be in the
4 minor child's best interest.
5 (6) Temporary legal custody. Award temporary legal
6 custody to petitioner in accordance with this Section, the
7 Illinois Marriage and Dissolution of Marriage Act, the
8 Illinois Parentage Act of 1984, and this State's Uniform
9 Child-Custody Jurisdiction and Enforcement Act.
10 If a court finds, after a hearing, that respondent has
11 committed abuse (as defined in Section 112A-3) of a minor
12 child, there shall be a rebuttable presumption that
13 awarding temporary legal custody to respondent would not be
14 in the child's best interest.
15 (7) Visitation. Determine the visitation rights, if
16 any, of respondent in any case in which the court awards
17 physical care or temporary legal custody of a minor child
18 to petitioner. The court shall restrict or deny
19 respondent's visitation with a minor child if the court
20 finds that respondent has done or is likely to do any of
21 the following: (i) abuse or endanger the minor child during
22 visitation; (ii) use the visitation as an opportunity to
23 abuse or harass petitioner or petitioner's family or
24 household members; (iii) improperly conceal or detain the
25 minor child; or (iv) otherwise act in a manner that is not
26 in the best interests of the minor child. The court shall

HB3357- 181 -LRB099 07578 RLC 27707 b
1 not be limited by the standards set forth in Section 607.1
2 of the Illinois Marriage and Dissolution of Marriage Act.
3 If the court grants visitation, the order shall specify
4 dates and times for the visitation to take place or other
5 specific parameters or conditions that are appropriate. No
6 order for visitation shall refer merely to the term
7 "reasonable visitation".
8 Petitioner may deny respondent access to the minor
9 child if, when respondent arrives for visitation,
10 respondent is under the influence of drugs or alcohol and
11 constitutes a threat to the safety and well-being of
12 petitioner or petitioner's minor children or is behaving in
13 a violent or abusive manner.
14 If necessary to protect any member of petitioner's
15 family or household from future abuse, respondent shall be
16 prohibited from coming to petitioner's residence to meet
17 the minor child for visitation, and the parties shall
18 submit to the court their recommendations for reasonable
19 alternative arrangements for visitation. A person may be
20 approved to supervise visitation only after filing an
21 affidavit accepting that responsibility and acknowledging
22 accountability to the court.
23 (8) Removal or concealment of minor child. Prohibit
24 respondent from removing a minor child from the State or
25 concealing the child within the State.
26 (9) Order to appear. Order the respondent to appear in

HB3357- 182 -LRB099 07578 RLC 27707 b
1 court, alone or with a minor child, to prevent abuse,
2 neglect, removal or concealment of the child, to return the
3 child to the custody or care of the petitioner or to permit
4 any court-ordered interview or examination of the child or
5 the respondent.
6 (10) Possession of personal property. Grant petitioner
7 exclusive possession of personal property and, if
8 respondent has possession or control, direct respondent to
9 promptly make it available to petitioner, if:
10 (i) petitioner, but not respondent, owns the
11 property; or
12 (ii) the parties own the property jointly; sharing
13 it would risk abuse of petitioner by respondent or is
14 impracticable; and the balance of hardships favors
15 temporary possession by petitioner.
16 If petitioner's sole claim to ownership of the property
17 is that it is marital property, the court may award
18 petitioner temporary possession thereof under the
19 standards of subparagraph (ii) of this paragraph only if a
20 proper proceeding has been filed under the Illinois
21 Marriage and Dissolution of Marriage Act, as now or
22 hereafter amended.
23 No order under this provision shall affect title to
24 property.
25 (11) Protection of property. Forbid the respondent
26 from taking, transferring, encumbering, concealing,

HB3357- 183 -LRB099 07578 RLC 27707 b
1 damaging or otherwise disposing of any real or personal
2 property, except as explicitly authorized by the court, if:
3 (i) petitioner, but not respondent, owns the
4 property; or
5 (ii) the parties own the property jointly, and the
6 balance of hardships favors granting this remedy.
7 If petitioner's sole claim to ownership of the property
8 is that it is marital property, the court may grant
9 petitioner relief under subparagraph (ii) of this
10 paragraph only if a proper proceeding has been filed under
11 the Illinois Marriage and Dissolution of Marriage Act, as
12 now or hereafter amended.
13 The court may further prohibit respondent from
14 improperly using the financial or other resources of an
15 aged member of the family or household for the profit or
16 advantage of respondent or of any other person.
17 (11.5) Protection of animals. Grant the petitioner the
18 exclusive care, custody, or control of any animal owned,
19 possessed, leased, kept, or held by either the petitioner
20 or the respondent or a minor child residing in the
21 residence or household of either the petitioner or the
22 respondent and order the respondent to stay away from the
23 animal and forbid the respondent from taking,
24 transferring, encumbering, concealing, harming, or
25 otherwise disposing of the animal.
26 (12) Order for payment of support. Order respondent to

HB3357- 184 -LRB099 07578 RLC 27707 b
1 pay temporary support for the petitioner or any child in
2 the petitioner's care or custody, when the respondent has a
3 legal obligation to support that person, in accordance with
4 the Illinois Marriage and Dissolution of Marriage Act,
5 which shall govern, among other matters, the amount of
6 support, payment through the clerk and withholding of
7 income to secure payment. An order for child support may be
8 granted to a petitioner with lawful physical care or
9 custody of a child, or an order or agreement for physical
10 care or custody, prior to entry of an order for legal
11 custody. Such a support order shall expire upon entry of a
12 valid order granting legal custody to another, unless
13 otherwise provided in the custody order.
14 (13) Order for payment of losses. Order respondent to
15 pay petitioner for losses suffered as a direct result of
16 the abuse. Such losses shall include, but not be limited
17 to, medical expenses, lost earnings or other support,
18 repair or replacement of property damaged or taken,
19 reasonable attorney's fees, court costs and moving or other
20 travel expenses, including additional reasonable expenses
21 for temporary shelter and restaurant meals.
22 (i) Losses affecting family needs. If a party is
23 entitled to seek maintenance, child support or
24 property distribution from the other party under the
25 Illinois Marriage and Dissolution of Marriage Act, as
26 now or hereafter amended, the court may order

HB3357- 185 -LRB099 07578 RLC 27707 b
1 respondent to reimburse petitioner's actual losses, to
2 the extent that such reimbursement would be
3 "appropriate temporary relief", as authorized by
4 subsection (a)(3) of Section 501 of that Act.
5 (ii) Recovery of expenses. In the case of an
6 improper concealment or removal of a minor child, the
7 court may order respondent to pay the reasonable
8 expenses incurred or to be incurred in the search for
9 and recovery of the minor child, including but not
10 limited to legal fees, court costs, private
11 investigator fees, and travel costs.
12 (14) Prohibition of entry. Prohibit the respondent
13 from entering or remaining in the residence or household
14 while the respondent is under the influence of alcohol or
15 drugs and constitutes a threat to the safety and well-being
16 of the petitioner or the petitioner's children.
17 (14.5) Prohibition of firearm possession.
18 (A) A person who is subject to an existing order of
19 protection, interim order of protection, emergency
20 order of protection, or plenary order of protection,
21 issued under this Code may not lawfully possess
22 firearms, stun guns, or tasers weapons under Section
23 8.2 of the Firearm Owners Identification Card Act.
24 (B) Any firearms in the possession of the
25 respondent, except as provided in subparagraph (C) of
26 this paragraph (14.5), shall be ordered by the court to

HB3357- 186 -LRB099 07578 RLC 27707 b
1 be turned over to a person who is not prohibited under
2 State or federal law from possessing firearms with a
3 valid Firearm Owner's Identification Card for
4 safekeeping. The court shall issue an order that the
5 respondent's Firearm Owner's Identification Card be
6 turned over to the local law enforcement agency, which
7 in turn shall immediately mail the card to the
8 Department of State Police Firearm Owner's
9 Identification Card Office for safekeeping. The period
10 of safekeeping shall be for the duration of the order
11 of protection. The firearm or firearms and Firearm
12 Owner's Identification Card, if unexpired, shall at
13 the respondent's request be returned to the respondent
14 at expiration of the order of protection.
15 (C) If the respondent is a peace officer as defined
16 in Section 2-13 of the Criminal Code of 2012, the court
17 shall order that any firearms used by the respondent in
18 the performance of his or her duties as a peace officer
19 be surrendered to the chief law enforcement executive
20 of the agency in which the respondent is employed, who
21 shall retain the firearms for safekeeping for the
22 duration of the order of protection.
23 (D) Upon expiration of the period of safekeeping,
24 if the firearms or Firearm Owner's Identification Card
25 cannot be returned to respondent because respondent
26 cannot be located, fails to respond to requests to

HB3357- 187 -LRB099 07578 RLC 27707 b
1 retrieve the firearms, or is not lawfully eligible to
2 possess a firearm, upon petition from the local law
3 enforcement agency, the court may order the local law
4 enforcement agency to destroy the firearms, use the
5 firearms for training purposes, or for any other
6 application as deemed appropriate by the local law
7 enforcement agency; or that the firearms be turned over
8 to a third party who is lawfully eligible to possess
9 firearms, and who does not reside with respondent.
10 (15) Prohibition of access to records. If an order of
11 protection prohibits respondent from having contact with
12 the minor child, or if petitioner's address is omitted
13 under subsection (b) of Section 112A-5, or if necessary to
14 prevent abuse or wrongful removal or concealment of a minor
15 child, the order shall deny respondent access to, and
16 prohibit respondent from inspecting, obtaining, or
17 attempting to inspect or obtain, school or any other
18 records of the minor child who is in the care of
19 petitioner.
20 (16) Order for payment of shelter services. Order
21 respondent to reimburse a shelter providing temporary
22 housing and counseling services to the petitioner for the
23 cost of the services, as certified by the shelter and
24 deemed reasonable by the court.
25 (17) Order for injunctive relief. Enter injunctive
26 relief necessary or appropriate to prevent further abuse of

HB3357- 188 -LRB099 07578 RLC 27707 b
1 a family or household member or to effectuate one of the
2 granted remedies, if supported by the balance of hardships.
3 If the harm to be prevented by the injunction is abuse or
4 any other harm that one of the remedies listed in
5 paragraphs (1) through (16) of this subsection is designed
6 to prevent, no further evidence is necessary to establish
7 that the harm is an irreparable injury.
8 (c) Relevant factors; findings.
9 (1) In determining whether to grant a specific remedy,
10 other than payment of support, the court shall consider
11 relevant factors, including but not limited to the
12 following:
13 (i) the nature, frequency, severity, pattern and
14 consequences of the respondent's past abuse of the
15 petitioner or any family or household member,
16 including the concealment of his or her location in
17 order to evade service of process or notice, and the
18 likelihood of danger of future abuse to petitioner or
19 any member of petitioner's or respondent's family or
20 household; and
21 (ii) the danger that any minor child will be abused
22 or neglected or improperly removed from the
23 jurisdiction, improperly concealed within the State or
24 improperly separated from the child's primary
25 caretaker.
26 (2) In comparing relative hardships resulting to the

HB3357- 189 -LRB099 07578 RLC 27707 b
1 parties from loss of possession of the family home, the
2 court shall consider relevant factors, including but not
3 limited to the following:
4 (i) availability, accessibility, cost, safety,
5 adequacy, location and other characteristics of
6 alternate housing for each party and any minor child or
7 dependent adult in the party's care;
8 (ii) the effect on the party's employment; and
9 (iii) the effect on the relationship of the party,
10 and any minor child or dependent adult in the party's
11 care, to family, school, church and community.
12 (3) Subject to the exceptions set forth in paragraph
13 (4) of this subsection, the court shall make its findings
14 in an official record or in writing, and shall at a minimum
15 set forth the following:
16 (i) That the court has considered the applicable
17 relevant factors described in paragraphs (1) and (2) of
18 this subsection.
19 (ii) Whether the conduct or actions of respondent,
20 unless prohibited, will likely cause irreparable harm
21 or continued abuse.
22 (iii) Whether it is necessary to grant the
23 requested relief in order to protect petitioner or
24 other alleged abused persons.
25 (4) For purposes of issuing an ex parte emergency order
26 of protection, the court, as an alternative to or as a

HB3357- 190 -LRB099 07578 RLC 27707 b
1 supplement to making the findings described in paragraphs
2 (c)(3)(i) through (c)(3)(iii) of this subsection, may use
3 the following procedure:
4 When a verified petition for an emergency order of
5 protection in accordance with the requirements of Sections
6 112A-5 and 112A-17 is presented to the court, the court
7 shall examine petitioner on oath or affirmation. An
8 emergency order of protection shall be issued by the court
9 if it appears from the contents of the petition and the
10 examination of petitioner that the averments are
11 sufficient to indicate abuse by respondent and to support
12 the granting of relief under the issuance of the emergency
13 order of protection.
14 (5) Never married parties. No rights or
15 responsibilities for a minor child born outside of marriage
16 attach to a putative father until a father and child
17 relationship has been established under the Illinois
18 Parentage Act of 1984. Absent such an adjudication, no
19 putative father shall be granted temporary custody of the
20 minor child, visitation with the minor child, or physical
21 care and possession of the minor child, nor shall an order
22 of payment for support of the minor child be entered.
23 (d) Balance of hardships; findings. If the court finds that
24the balance of hardships does not support the granting of a
25remedy governed by paragraph (2), (3), (10), (11), or (16) of
26subsection (b) of this Section, which may require such

HB3357- 191 -LRB099 07578 RLC 27707 b
1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will result
3in hardship to respondent that would substantially outweigh the
4hardship to petitioner from denial of the remedy. The findings
5shall be an official record or in writing.
6 (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8 (1) Respondent has cause for any use of force, unless
9 that cause satisfies the standards for justifiable use of
10 force provided by Article 7 of the Criminal Code of 2012;
11 (2) Respondent was voluntarily intoxicated;
12 (3) Petitioner acted in self-defense or defense of
13 another, provided that, if petitioner utilized force, such
14 force was justifiable under Article 7 of the Criminal Code
15 of 2012;
16 (4) Petitioner did not act in self-defense or defense
17 of another;
18 (5) Petitioner left the residence or household to avoid
19 further abuse by respondent;
20 (6) Petitioner did not leave the residence or household
21 to avoid further abuse by respondent;
22 (7) Conduct by any family or household member excused
23 the abuse by respondent, unless that same conduct would
24 have excused such abuse if the parties had not been family
25 or household members.
26(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;

HB3357- 192 -LRB099 07578 RLC 27707 b
197-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
2 Section 95. The Unified Code of Corrections is amended by
3changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
4 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
5 Sec. 5-5-3. Disposition.
6 (a) (Blank).
7 (b) (Blank).
8 (c) (1) (Blank).
9 (2) A period of probation, a term of periodic imprisonment
10or conditional discharge shall not be imposed for the following
11offenses. The court shall sentence the offender to not less
12than the minimum term of imprisonment set forth in this Code
13for the following offenses, and may order a fine or restitution
14or both in conjunction with such term of imprisonment:
15 (A) First degree murder where the death penalty is not
16 imposed.
17 (B) Attempted first degree murder.
18 (C) A Class X felony.
19 (D) A violation of Section 401.1 or 407 of the Illinois
20 Controlled Substances Act, or a violation of subdivision
21 (c)(1.5) or (c)(2) of Section 401 of that Act which relates
22 to more than 5 grams of a substance containing cocaine,
23 fentanyl, or an analog thereof.
24 (D-5) A violation of subdivision (c)(1) of Section 401

HB3357- 193 -LRB099 07578 RLC 27707 b
1 of the Illinois Controlled Substances Act which relates to
2 3 or more grams of a substance containing heroin or an
3 analog thereof.
4 (E) A violation of Section 5.1 or 9 of the Cannabis
5 Control Act.
6 (F) A Class 2 or greater felony if the offender had
7 been convicted of a Class 2 or greater felony, including
8 any state or federal conviction for an offense that
9 contained, at the time it was committed, the same elements
10 as an offense now (the date of the offense committed after
11 the prior Class 2 or greater felony) classified as a Class
12 2 or greater felony, within 10 years of the date on which
13 the offender committed the offense for which he or she is
14 being sentenced, except as otherwise provided in Section
15 40-10 of the Alcoholism and Other Drug Abuse and Dependency
16 Act.
17 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
18 the Criminal Code of 1961 or the Criminal Code of 2012 for
19 which imprisonment is prescribed in those Sections.
20 (G) Residential burglary, except as otherwise provided
21 in Section 40-10 of the Alcoholism and Other Drug Abuse and
22 Dependency Act.
23 (H) Criminal sexual assault.
24 (I) Aggravated battery of a senior citizen as described
25 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
26 of the Criminal Code of 1961 or the Criminal Code of 2012.

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

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

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

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1 Criminal Code of 1961 or the Criminal Code of 2012 if the
2 firearm is aimed toward the person against whom the firearm
3 is being used.
4 (3) (Blank).
5 (4) A minimum term of imprisonment of not less than 10
6consecutive days or 30 days of community service shall be
7imposed for a violation of paragraph (c) of Section 6-303 of
8the Illinois Vehicle Code.
9 (4.1) (Blank).
10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
11this subsection (c), a minimum of 100 hours of community
12service shall be imposed for a second violation of Section
136-303 of the Illinois Vehicle Code.
14 (4.3) A minimum term of imprisonment of 30 days or 300
15hours of community service, as determined by the court, shall
16be imposed for a second violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18 (4.4) Except as provided in paragraphs (4.5), (4.6), and
19(4.9) of this subsection (c), a minimum term of imprisonment of
2030 days or 300 hours of community service, as determined by the
21court, shall be imposed for a third or subsequent violation of
22Section 6-303 of the Illinois Vehicle Code.
23 (4.5) A minimum term of imprisonment of 30 days shall be
24imposed for a third violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26 (4.6) Except as provided in paragraph (4.10) of this

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1subsection (c), a minimum term of imprisonment of 180 days
2shall be imposed for a fourth or subsequent violation of
3subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4 (4.7) A minimum term of imprisonment of not less than 30
5consecutive days, or 300 hours of community service, shall be
6imposed for a violation of subsection (a-5) of Section 6-303 of
7the Illinois Vehicle Code, as provided in subsection (b-5) of
8that Section.
9 (4.8) A mandatory prison sentence shall be imposed for a
10second violation of subsection (a-5) of Section 6-303 of the
11Illinois Vehicle Code, as provided in subsection (c-5) of that
12Section. The person's driving privileges shall be revoked for a
13period of not less than 5 years from the date of his or her
14release from prison.
15 (4.9) A mandatory prison sentence of not less than 4 and
16not more than 15 years shall be imposed for a third violation
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle
18Code, as provided in subsection (d-2.5) of that Section. The
19person's driving privileges shall be revoked for the remainder
20of his or her life.
21 (4.10) A mandatory prison sentence for a Class 1 felony
22shall be imposed, and the person shall be eligible for an
23extended term sentence, for a fourth or subsequent violation of
24subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
25as provided in subsection (d-3.5) of that Section. The person's
26driving privileges shall be revoked for the remainder of his or

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

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

HB3357- 201 -LRB099 07578 RLC 27707 b
1the sports official or coach was an active participant of the
2athletic contest held at the athletic facility. For the
3purposes of this paragraph (11), "sports official" means a
4person at an athletic contest who enforces the rules of the
5contest, such as an umpire or referee; "athletic facility"
6means an indoor or outdoor playing field or recreational area
7where sports activities are conducted; and "coach" means a
8person recognized as a coach by the sanctioning authority that
9conducted the sporting event.
10 (12) A person may not receive a disposition of court
11supervision for a violation of Section 5-16 of the Boat
12Registration and Safety Act if that person has previously
13received a disposition of court supervision for a violation of
14that Section.
15 (13) A person convicted of or placed on court supervision
16for an assault or aggravated assault when the victim and the
17offender are family or household members as defined in Section
18103 of the Illinois Domestic Violence Act of 1986 or convicted
19of domestic battery or aggravated domestic battery may be
20required to attend a Partner Abuse Intervention Program under
21protocols set forth by the Illinois Department of Human
22Services under such terms and conditions imposed by the court.
23The costs of such classes shall be paid by the offender.
24 (d) In any case in which a sentence originally imposed is
25vacated, the case shall be remanded to the trial court. The
26trial court shall hold a hearing under Section 5-4-1 of the

HB3357- 202 -LRB099 07578 RLC 27707 b
1Unified Code of Corrections which may include evidence of the
2defendant's life, moral character and occupation during the
3time since the original sentence was passed. The trial court
4shall then impose sentence upon the defendant. The trial court
5may impose any sentence which could have been imposed at the
6original trial subject to Section 5-5-4 of the Unified Code of
7Corrections. If a sentence is vacated on appeal or on
8collateral attack due to the failure of the trier of fact at
9trial to determine beyond a reasonable doubt the existence of a
10fact (other than a prior conviction) necessary to increase the
11punishment for the offense beyond the statutory maximum
12otherwise applicable, either the defendant may be re-sentenced
13to a term within the range otherwise provided or, if the State
14files notice of its intention to again seek the extended
15sentence, the defendant shall be afforded a new trial.
16 (e) In cases where prosecution for aggravated criminal
17sexual abuse under Section 11-1.60 or 12-16 of the Criminal
18Code of 1961 or the Criminal Code of 2012 results in conviction
19of a defendant who was a family member of the victim at the
20time of the commission of the offense, the court shall consider
21the safety and welfare of the victim and may impose a sentence
22of probation only where:
23 (1) the court finds (A) or (B) or both are appropriate:
24 (A) the defendant is willing to undergo a court
25 approved counseling program for a minimum duration of 2
26 years; or

HB3357- 203 -LRB099 07578 RLC 27707 b
1 (B) the defendant is willing to participate in a
2 court approved plan including but not limited to the
3 defendant's:
4 (i) removal from the household;
5 (ii) restricted contact with the victim;
6 (iii) continued financial support of the
7 family;
8 (iv) restitution for harm done to the victim;
9 and
10 (v) compliance with any other measures that
11 the court may deem appropriate; and
12 (2) the court orders the defendant to pay for the
13 victim's counseling services, to the extent that the court
14 finds, after considering the defendant's income and
15 assets, that the defendant is financially capable of paying
16 for such services, if the victim was under 18 years of age
17 at the time the offense was committed and requires
18 counseling as a result of the offense.
19 Probation may be revoked or modified pursuant to Section
205-6-4; except where the court determines at the hearing that
21the defendant violated a condition of his or her probation
22restricting contact with the victim or other family members or
23commits another offense with the victim or other family
24members, the court shall revoke the defendant's probation and
25impose a term of imprisonment.
26 For the purposes of this Section, "family member" and

HB3357- 204 -LRB099 07578 RLC 27707 b
1"victim" shall have the meanings ascribed to them in Section
211-0.1 of the Criminal Code of 2012.
3 (f) (Blank).
4 (g) Whenever a defendant is convicted of an offense under
5Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
611-14.3, 11-14.4 except for an offense that involves keeping a
7place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the defendant shall undergo medical
11testing to determine whether the defendant has any sexually
12transmissible disease, including a test for infection with
13human immunodeficiency virus (HIV) or any other identified
14causative agent of acquired immunodeficiency syndrome (AIDS).
15Any such medical test shall be performed only by appropriately
16licensed medical practitioners and may include an analysis of
17any bodily fluids as well as an examination of the defendant's
18person. Except as otherwise provided by law, the results of
19such test shall be kept strictly confidential by all medical
20personnel involved in the testing and must be personally
21delivered in a sealed envelope to the judge of the court in
22which the conviction was entered for the judge's inspection in
23camera. Acting in accordance with the best interests of the
24victim and the public, the judge shall have the discretion to
25determine to whom, if anyone, the results of the testing may be
26revealed. The court shall notify the defendant of the test

HB3357- 205 -LRB099 07578 RLC 27707 b
1results. The court shall also notify the victim if requested by
2the victim, and if the victim is under the age of 15 and if
3requested by the victim's parents or legal guardian, the court
4shall notify the victim's parents or legal guardian of the test
5results. The court shall provide information on the
6availability of HIV testing and counseling at Department of
7Public Health facilities to all parties to whom the results of
8the testing are revealed and shall direct the State's Attorney
9to provide the information to the victim when possible. A
10State's Attorney may petition the court to obtain the results
11of any HIV test administered under this Section, and the court
12shall grant the disclosure if the State's Attorney shows it is
13relevant in order to prosecute a charge of criminal
14transmission of HIV under Section 12-5.01 or 12-16.2 of the
15Criminal Code of 1961 or the Criminal Code of 2012 against the
16defendant. The court shall order that the cost of any such test
17shall be paid by the county and may be taxed as costs against
18the convicted defendant.
19 (g-5) When an inmate is tested for an airborne communicable
20disease, as determined by the Illinois Department of Public
21Health including but not limited to tuberculosis, the results
22of the test shall be personally delivered by the warden or his
23or her designee in a sealed envelope to the judge of the court
24in which the inmate must appear for the judge's inspection in
25camera if requested by the judge. Acting in accordance with the
26best interests of those in the courtroom, the judge shall have

HB3357- 206 -LRB099 07578 RLC 27707 b
1the discretion to determine what if any precautions need to be
2taken to prevent transmission of the disease in the courtroom.
3 (h) Whenever a defendant is convicted of an offense under
4Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
5defendant shall undergo medical testing to determine whether
6the defendant has been exposed to human immunodeficiency virus
7(HIV) or any other identified causative agent of acquired
8immunodeficiency syndrome (AIDS). Except as otherwise provided
9by law, the results of such test shall be kept strictly
10confidential by all medical personnel involved in the testing
11and must be personally delivered in a sealed envelope to the
12judge of the court in which the conviction was entered for the
13judge's inspection in camera. Acting in accordance with the
14best interests of the public, the judge shall have the
15discretion to determine to whom, if anyone, the results of the
16testing may be revealed. The court shall notify the defendant
17of a positive test showing an infection with the human
18immunodeficiency virus (HIV). The court shall provide
19information on the availability of HIV testing and counseling
20at Department of Public Health facilities to all parties to
21whom the results of the testing are revealed and shall direct
22the State's Attorney to provide the information to the victim
23when possible. A State's Attorney may petition the court to
24obtain the results of any HIV test administered under this
25Section, and the court shall grant the disclosure if the
26State's Attorney shows it is relevant in order to prosecute a

HB3357- 207 -LRB099 07578 RLC 27707 b
1charge of criminal transmission of HIV under Section 12-5.01 or
212-16.2 of the Criminal Code of 1961 or the Criminal Code of
32012 against the defendant. The court shall order that the cost
4of any such test shall be paid by the county and may be taxed as
5costs against the convicted defendant.
6 (i) All fines and penalties imposed under this Section for
7any violation of Chapters 3, 4, 6, and 11 of the Illinois
8Vehicle Code, or a similar provision of a local ordinance, and
9any violation of the Child Passenger Protection Act, or a
10similar provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13 (j) In cases when prosecution for any violation of Section
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19Code of 2012, any violation of the Illinois Controlled
20Substances Act, any violation of the Cannabis Control Act, or
21any violation of the Methamphetamine Control and Community
22Protection Act results in conviction, a disposition of court
23supervision, or an order of probation granted under Section 10
24of the Cannabis Control Act, Section 410 of the Illinois
25Controlled Substances Act, or Section 70 of the Methamphetamine
26Control and Community Protection Act of a defendant, the court

HB3357- 208 -LRB099 07578 RLC 27707 b
1shall determine whether the defendant is employed by a facility
2or center as defined under the Child Care Act of 1969, a public
3or private elementary or secondary school, or otherwise works
4with children under 18 years of age on a daily basis. When a
5defendant is so employed, the court shall order the Clerk of
6the Court to send a copy of the judgment of conviction or order
7of supervision or probation to the defendant's employer by
8certified mail. If the employer of the defendant is a school,
9the Clerk of the Court shall direct the mailing of a copy of
10the judgment of conviction or order of supervision or probation
11to the appropriate regional superintendent of schools. The
12regional superintendent of schools shall notify the State Board
13of Education of any notification under this subsection.
14 (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall as
18a condition of his or her sentence be required by the court to
19attend educational courses designed to prepare the defendant
20for a high school diploma and to work toward a high school
21diploma or to work toward passing high school equivalency
22testing or to work toward completing a vocational training
23program offered by the Department of Corrections. If a
24defendant fails to complete the educational training required
25by his or her sentence during the term of incarceration, the
26Prisoner Review Board shall, as a condition of mandatory

HB3357- 209 -LRB099 07578 RLC 27707 b
1supervised release, require the defendant, at his or her own
2expense, to pursue a course of study toward a high school
3diploma or passage of high school equivalency testing. The
4Prisoner Review Board shall revoke the mandatory supervised
5release of a defendant who wilfully fails to comply with this
6subsection (j-5) upon his or her release from confinement in a
7penal institution while serving a mandatory supervised release
8term; however, the inability of the defendant after making a
9good faith effort to obtain financial aid or pay for the
10educational training shall not be deemed a wilful failure to
11comply. The Prisoner Review Board shall recommit the defendant
12whose mandatory supervised release term has been revoked under
13this subsection (j-5) as provided in Section 3-3-9. This
14subsection (j-5) does not apply to a defendant who has a high
15school diploma or has successfully passed high school
16equivalency testing. This subsection (j-5) does not apply to a
17defendant who is determined by the court to be developmentally
18disabled or otherwise mentally incapable of completing the
19educational or vocational program.
20 (k) (Blank).
21 (l) (A) Except as provided in paragraph (C) of subsection
22(l), whenever a defendant, who is an alien as defined by the
23Immigration and Nationality Act, is convicted of any felony or
24misdemeanor offense, the court after sentencing the defendant
25may, upon motion of the State's Attorney, hold sentence in
26abeyance and remand the defendant to the custody of the

HB3357- 210 -LRB099 07578 RLC 27707 b
1Attorney General of the United States or his or her designated
2agent to be deported when:
3 (1) a final order of deportation has been issued
4 against the defendant pursuant to proceedings under the
5 Immigration and Nationality Act, and
6 (2) the deportation of the defendant would not
7 deprecate the seriousness of the defendant's conduct and
8 would not be inconsistent with the ends of justice.
9 Otherwise, the defendant shall be sentenced as provided in
10this Chapter V.
11 (B) If the defendant has already been sentenced for a
12felony or misdemeanor offense, or has been placed on probation
13under Section 10 of the Cannabis Control Act, Section 410 of
14the Illinois Controlled Substances Act, or Section 70 of the
15Methamphetamine Control and Community Protection Act, the
16court may, upon motion of the State's Attorney to suspend the
17sentence imposed, commit the defendant to the custody of the
18Attorney General of the United States or his or her designated
19agent when:
20 (1) a final order of deportation has been issued
21 against the defendant pursuant to proceedings under the
22 Immigration and Nationality Act, and
23 (2) the deportation of the defendant would not
24 deprecate the seriousness of the defendant's conduct and
25 would not be inconsistent with the ends of justice.
26 (C) This subsection (l) does not apply to offenders who are

HB3357- 211 -LRB099 07578 RLC 27707 b
1subject to the provisions of paragraph (2) of subsection (a) of
2Section 3-6-3.
3 (D) Upon motion of the State's Attorney, if a defendant
4sentenced under this Section returns to the jurisdiction of the
5United States, the defendant shall be recommitted to the
6custody of the county from which he or she was sentenced.
7Thereafter, the defendant shall be brought before the
8sentencing court, which may impose any sentence that was
9available under Section 5-5-3 at the time of initial
10sentencing. In addition, the defendant shall not be eligible
11for additional sentence credit for good conduct as provided
12under Section 3-6-3.
13 (m) A person convicted of criminal defacement of property
14under Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012, in which the property damage exceeds
16$300 and the property damaged is a school building, shall be
17ordered to perform community service that may include cleanup,
18removal, or painting over the defacement.
19 (n) The court may sentence a person convicted of a
20violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
21subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
22of 1961 or the Criminal Code of 2012 (i) to an impact
23incarceration program if the person is otherwise eligible for
24that program under Section 5-8-1.1, (ii) to community service,
25or (iii) if the person is an addict or alcoholic, as defined in
26the Alcoholism and Other Drug Abuse and Dependency Act, to a

HB3357- 212 -LRB099 07578 RLC 27707 b
1substance or alcohol abuse program licensed under that Act.
2 (o) Whenever a person is convicted of a sex offense as
3defined in Section 2 of the Sex Offender Registration Act, the
4defendant's driver's license or permit shall be subject to
5renewal on an annual basis in accordance with the provisions of
6license renewal established by the Secretary of State.
7(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
897-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
10eff. 7-16-14.)
11 (730 ILCS 5/5-5-3.2)
12 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
13Sentencing.
14 (a) The following factors shall be accorded weight in favor
15of imposing a term of imprisonment or may be considered by the
16court as reasons to impose a more severe sentence under Section
175-8-1 or Article 4.5 of Chapter V:
18 (1) the defendant's conduct caused or threatened
19 serious harm;
20 (2) the defendant received compensation for committing
21 the offense;
22 (3) the defendant has a history of prior delinquency or
23 criminal activity;
24 (4) the defendant, by the duties of his office or by
25 his position, was obliged to prevent the particular offense

HB3357- 213 -LRB099 07578 RLC 27707 b
1 committed or to bring the offenders committing it to
2 justice;
3 (5) the defendant held public office at the time of the
4 offense, and the offense related to the conduct of that
5 office;
6 (6) the defendant utilized his professional reputation
7 or position in the community to commit the offense, or to
8 afford him an easier means of committing it;
9 (7) the sentence is necessary to deter others from
10 committing the same crime;
11 (8) the defendant committed the offense against a
12 person 60 years of age or older or such person's property;
13 (9) the defendant committed the offense against a
14 person who is physically handicapped or such person's
15 property;
16 (10) by reason of another individual's actual or
17 perceived race, color, creed, religion, ancestry, gender,
18 sexual orientation, physical or mental disability, or
19 national origin, the defendant committed the offense
20 against (i) the person or property of that individual; (ii)
21 the person or property of a person who has an association
22 with, is married to, or has a friendship with the other
23 individual; or (iii) the person or property of a relative
24 (by blood or marriage) of a person described in clause (i)
25 or (ii). For the purposes of this Section, "sexual
26 orientation" means heterosexuality, homosexuality, or

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

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

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

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

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

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

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

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

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

HB3357- 223 -LRB099 07578 RLC 27707 b
1 organized gang in which the defendant is engaged; or
2 (9) When a defendant commits any felony and the
3 defendant knowingly video or audio records the offense with
4 the intent to disseminate the recording.
5 (c) The following factors may be considered by the court as
6reasons to impose an extended term sentence under Section 5-8-2
7(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
8 (1) When a defendant is convicted of first degree
9 murder, after having been previously convicted in Illinois
10 of any offense listed under paragraph (c)(2) of Section
11 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
12 within 10 years after the previous conviction, excluding
13 time spent in custody, and the charges are separately
14 brought and tried and arise out of different series of
15 acts.
16 (1.5) When a defendant is convicted of first degree
17 murder, after having been previously convicted of domestic
18 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
19 (720 ILCS 5/12-3.3) committed on the same victim or after
20 having been previously convicted of violation of an order
21 of protection (720 ILCS 5/12-30) in which the same victim
22 was the protected person.
23 (2) When a defendant is convicted of voluntary
24 manslaughter, second degree murder, involuntary
25 manslaughter, or reckless homicide in which the defendant
26 has been convicted of causing the death of more than one

HB3357- 224 -LRB099 07578 RLC 27707 b
1 individual.
2 (3) When a defendant is convicted of aggravated
3 criminal sexual assault or criminal sexual assault, when
4 there is a finding that aggravated criminal sexual assault
5 or criminal sexual assault was also committed on the same
6 victim by one or more other individuals, and the defendant
7 voluntarily participated in the crime with the knowledge of
8 the participation of the others in the crime, and the
9 commission of the crime was part of a single course of
10 conduct during which there was no substantial change in the
11 nature of the criminal objective.
12 (4) If the victim was under 18 years of age at the time
13 of the commission of the offense, when a defendant is
14 convicted of aggravated criminal sexual assault or
15 predatory criminal sexual assault of a child under
16 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
17 of Section 12-14.1 of the Criminal Code of 1961 or the
18 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
19 (5) When a defendant is convicted of a felony violation
20 of Section 24-1 of the Criminal Code of 1961 or the
21 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
22 finding that the defendant is a member of an organized
23 gang.
24 (6) When a defendant was convicted of unlawful use of
25 weapons under Section 24-1 of the Criminal Code of 1961 or
26 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

HB3357- 225 -LRB099 07578 RLC 27707 b
1 a weapon that is not readily distinguishable as one of the
2 weapons enumerated in Section 24-1 of the Criminal Code of
3 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
4 (7) When a defendant is convicted of an offense
5 involving the illegal manufacture of a controlled
6 substance under Section 401 of the Illinois Controlled
7 Substances Act (720 ILCS 570/401), the illegal manufacture
8 of methamphetamine under Section 25 of the Methamphetamine
9 Control and Community Protection Act (720 ILCS 646/25), or
10 the illegal possession of explosives and an emergency
11 response officer in the performance of his or her duties is
12 killed or injured at the scene of the offense while
13 responding to the emergency caused by the commission of the
14 offense. In this paragraph, "emergency" means a situation
15 in which a person's life, health, or safety is in jeopardy;
16 and "emergency response officer" means a peace officer,
17 community policing volunteer, fireman, emergency medical
18 technician-ambulance, emergency medical
19 technician-intermediate, emergency medical
20 technician-paramedic, ambulance driver, other medical
21 assistance or first aid personnel, or hospital emergency
22 room personnel.
23 (8) When the defendant is convicted of attempted mob
24 action, solicitation to commit mob action, or conspiracy to
25 commit mob action under Section 8-1, 8-2, or 8-4 of the
26 Criminal Code of 2012, where the criminal object is a

HB3357- 226 -LRB099 07578 RLC 27707 b
1 violation of Section 25-1 of the Criminal Code of 2012, and
2 an electronic communication is used in the commission of
3 the offense. For the purposes of this paragraph (8),
4 "electronic communication" shall have the meaning provided
5 in Section 26.5-0.1 of the Criminal Code of 2012.
6 (d) For the purposes of this Section, "organized gang" has
7the meaning ascribed to it in Section 10 of the Illinois
8Streetgang Terrorism Omnibus Prevention Act.
9 (e) The court may impose an extended term sentence under
10Article 4.5 of Chapter V upon an offender who has been
11convicted of a felony violation of Section 11-1.20, 11-1.30,
1211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
14when the victim of the offense is under 18 years of age at the
15time of the commission of the offense and, during the
16commission of the offense, the victim was under the influence
17of alcohol, regardless of whether or not the alcohol was
18supplied by the offender; and the offender, at the time of the
19commission of the offense, knew or should have known that the
20victim had consumed alcohol.
21(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
22eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
2397-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
241-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
257-16-14.)

HB3357- 227 -LRB099 07578 RLC 27707 b
1 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
2 Sec. 5-6-3. Conditions of Probation and of Conditional
3Discharge.
4 (a) The conditions of probation and of conditional
5discharge shall be that the person:
6 (1) not violate any criminal statute of any
7 jurisdiction;
8 (2) report to or appear in person before such person or
9 agency as directed by the court;
10 (3) refrain from possessing a firearm or other
11 dangerous weapon where the offense is a felony or, if a
12 misdemeanor, the offense involved the intentional or
13 knowing infliction of bodily harm or threat of bodily harm;
14 (4) not leave the State without the consent of the
15 court or, in circumstances in which the reason for the
16 absence is of such an emergency nature that prior consent
17 by the court is not possible, without the prior
18 notification and approval of the person's probation
19 officer. Transfer of a person's probation or conditional
20 discharge supervision to another state is subject to
21 acceptance by the other state pursuant to the Interstate
22 Compact for Adult Offender Supervision;
23 (5) permit the probation officer to visit him at his
24 home or elsewhere to the extent necessary to discharge his
25 duties;
26 (6) perform no less than 30 hours of community service

HB3357- 228 -LRB099 07578 RLC 27707 b
1 and not more than 120 hours of community service, if
2 community service is available in the jurisdiction and is
3 funded and approved by the county board where the offense
4 was committed, where the offense was related to or in
5 furtherance of the criminal activities of an organized gang
6 and was motivated by the offender's membership in or
7 allegiance to an organized gang. The community service
8 shall include, but not be limited to, the cleanup and
9 repair of any damage caused by a violation of Section
10 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
11 2012 and similar damage to property located within the
12 municipality or county in which the violation occurred.
13 When possible and reasonable, the community service should
14 be performed in the offender's neighborhood. For purposes
15 of this Section, "organized gang" has the meaning ascribed
16 to it in Section 10 of the Illinois Streetgang Terrorism
17 Omnibus Prevention Act;
18 (7) if he or she is at least 17 years of age and has
19 been sentenced to probation or conditional discharge for a
20 misdemeanor or felony in a county of 3,000,000 or more
21 inhabitants and has not been previously convicted of a
22 misdemeanor or felony, may be required by the sentencing
23 court to attend educational courses designed to prepare the
24 defendant for a high school diploma and to work toward a
25 high school diploma or to work toward passing high school
26 equivalency testing or to work toward completing a

HB3357- 229 -LRB099 07578 RLC 27707 b
1 vocational training program approved by the court. The
2 person on probation or conditional discharge must attend a
3 public institution of education to obtain the educational
4 or vocational training required by this clause (7). The
5 court shall revoke the probation or conditional discharge
6 of a person who wilfully fails to comply with this clause
7 (7). The person on probation or conditional discharge shall
8 be required to pay for the cost of the educational courses
9 or high school equivalency testing if a fee is charged for
10 those courses or testing. The court shall resentence the
11 offender whose probation or conditional discharge has been
12 revoked as provided in Section 5-6-4. This clause (7) does
13 not apply to a person who has a high school diploma or has
14 successfully passed high school equivalency testing. This
15 clause (7) does not apply to a person who is determined by
16 the court to be developmentally disabled or otherwise
17 mentally incapable of completing the educational or
18 vocational program;
19 (8) if convicted of possession of a substance
20 prohibited by the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or the Methamphetamine Control
22 and Community Protection Act after a previous conviction or
23 disposition of supervision for possession of a substance
24 prohibited by the Cannabis Control Act or Illinois
25 Controlled Substances Act or after a sentence of probation
26 under Section 10 of the Cannabis Control Act, Section 410

HB3357- 230 -LRB099 07578 RLC 27707 b
1 of the Illinois Controlled Substances Act, or Section 70 of
2 the Methamphetamine Control and Community Protection Act
3 and upon a finding by the court that the person is
4 addicted, undergo treatment at a substance abuse program
5 approved by the court;
6 (8.5) if convicted of a felony sex offense as defined
7 in the Sex Offender Management Board Act, the person shall
8 undergo and successfully complete sex offender treatment
9 by a treatment provider approved by the Board and conducted
10 in conformance with the standards developed under the Sex
11 Offender Management Board Act;
12 (8.6) if convicted of a sex offense as defined in the
13 Sex Offender Management Board Act, refrain from residing at
14 the same address or in the same condominium unit or
15 apartment unit or in the same condominium complex or
16 apartment complex with another person he or she knows or
17 reasonably should know is a convicted sex offender or has
18 been placed on supervision for a sex offense; the
19 provisions of this paragraph do not apply to a person
20 convicted of a sex offense who is placed in a Department of
21 Corrections licensed transitional housing facility for sex
22 offenders;
23 (8.7) if convicted for an offense committed on or after
24 June 1, 2008 (the effective date of Public Act 95-464) that
25 would qualify the accused as a child sex offender as
26 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

HB3357- 231 -LRB099 07578 RLC 27707 b
1 1961 or the Criminal Code of 2012, refrain from
2 communicating with or contacting, by means of the Internet,
3 a person who is not related to the accused and whom the
4 accused reasonably believes to be under 18 years of age;
5 for purposes of this paragraph (8.7), "Internet" has the
6 meaning ascribed to it in Section 16-0.1 of the Criminal
7 Code of 2012; and a person is not related to the accused if
8 the person is not: (i) the spouse, brother, or sister of
9 the accused; (ii) a descendant of the accused; (iii) a
10 first or second cousin of the accused; or (iv) a step-child
11 or adopted child of the accused;
12 (8.8) if convicted for an offense under Section 11-6,
13 11-9.1, 11-14.4 that involves soliciting for a juvenile
14 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
15 of the Criminal Code of 1961 or the Criminal Code of 2012,
16 or any attempt to commit any of these offenses, committed
17 on or after June 1, 2009 (the effective date of Public Act
18 95-983):
19 (i) not access or use a computer or any other
20 device with Internet capability without the prior
21 written approval of the offender's probation officer,
22 except in connection with the offender's employment or
23 search for employment with the prior approval of the
24 offender's probation officer;
25 (ii) submit to periodic unannounced examinations
26 of the offender's computer or any other device with

HB3357- 232 -LRB099 07578 RLC 27707 b
1 Internet capability by the offender's probation
2 officer, a law enforcement officer, or assigned
3 computer or information technology specialist,
4 including the retrieval and copying of all data from
5 the computer or device and any internal or external
6 peripherals and removal of such information,
7 equipment, or device to conduct a more thorough
8 inspection;
9 (iii) submit to the installation on the offender's
10 computer or device with Internet capability, at the
11 offender's expense, of one or more hardware or software
12 systems to monitor the Internet use; and
13 (iv) submit to any other appropriate restrictions
14 concerning the offender's use of or access to a
15 computer or any other device with Internet capability
16 imposed by the offender's probation officer;
17 (8.9) if convicted of a sex offense as defined in the
18 Sex Offender Registration Act committed on or after January
19 1, 2010 (the effective date of Public Act 96-262), refrain
20 from accessing or using a social networking website as
21 defined in Section 17-0.5 of the Criminal Code of 2012;
22 (9) if convicted of a felony or of any misdemeanor
23 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
24 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
25 2012 that was determined, pursuant to Section 112A-11.1 of
26 the Code of Criminal Procedure of 1963, to trigger the

HB3357- 233 -LRB099 07578 RLC 27707 b
1 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
2 at a time and place designated by the court, his or her
3 Firearm Owner's Identification Card and any and all
4 firearms in his or her possession. The Court shall return
5 to the Department of State Police Firearm Owner's
6 Identification Card Office the person's Firearm Owner's
7 Identification Card;
8 (10) if convicted of a sex offense as defined in
9 s