100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0409
 
Introduced , by Rep. David B. Reis
 
SYNOPSIS AS INTRODUCED:



 
720 ILCS 5/24-2
730 ILCS 5/3-2-12 new

 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Permits currently employed and retired State correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.



LRB100 04111 RLC 14116 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0409LRB100 04111 RLC 14116 b



1 AN ACT concerning correctional officers.


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

3represented in the General Assembly:



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


6 (720 ILCS 5/24-2)



7 Sec. 24-2. Exemptions. 

8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
924-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
10the following:

11  (1) Peace officers, and any person summoned by a peace 
12 officer to
assist in making arrests or preserving the 
13 peace, while actually engaged in
assisting such officer.

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

15 penitentiaries, jails and other institutions for the 
16 detention of persons
accused or convicted of an offense, 
17 while in the performance of their
official duty, or while 
18 commuting between their homes and places of employment.

19  (3) Members of the Armed Services or Reserve Forces of 
20 the United States
or the Illinois National Guard or the 
21 Reserve Officers Training Corps,
while in the performance 
22 of their official duty.

23  (4) Special agents employed by a railroad or a public 
 
 
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1 utility to
perform police functions, and guards of armored 
2 car companies, while
actually engaged in the performance of 
3 the duties of their employment or
commuting between their 
4 homes and places of employment; and watchmen
while actually 
5 engaged in the performance of the duties of their 
6 employment.

7  (5) Persons licensed as private security contractors, 
8 private
detectives, or private alarm contractors, or 
9 employed by a private security contractor, private 
10 detective, or private alarm contractor agency licensed
by 
11 the Department of Financial and Professional Regulation, 
12 if their duties
include the carrying of a weapon under the 
13 provisions of the Private
Detective, Private Alarm,

14 Private Security, Fingerprint Vendor, and Locksmith Act of 
15 2004,
while actually
engaged in the performance of the 
16 duties of their employment or commuting
between their homes 
17 and places of employment. A person shall be considered 
18 eligible for this
exemption if he or she has completed the 
19 required 20
hours of training for a private security 
20 contractor, private
detective, or private alarm 
21 contractor, or employee of a licensed private security 
22 contractor, private detective, or private alarm contractor 
23 agency and 20 hours of required firearm
training, and has 
24 been issued a firearm control card by
the Department of 
25 Financial and Professional Regulation. Conditions for the 
26 renewal of
firearm control cards issued under the 
 
 
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1 provisions of this Section
shall be the same as for those 
2 cards issued under the provisions of the
Private Detective, 
3 Private Alarm,
Private Security, Fingerprint Vendor, and 
4 Locksmith Act of 2004. The
firearm control card shall be 
5 carried by the private security contractor, private

6 detective, or private alarm contractor, or employee of the 
7 licensed private security contractor, private detective, 
8 or private alarm contractor agency at all
times when he or 
9 she is in possession of a concealable weapon permitted by 
10 his or her firearm control card.

11  (6) Any person regularly employed in a commercial or 
12 industrial
operation as a security guard for the protection 
13 of persons employed
and private property related to such 
14 commercial or industrial
operation, while actually engaged 
15 in the performance of his or her
duty or traveling between 
16 sites or properties belonging to the
employer, and who, as 
17 a security guard, is a member of a security force 
18 registered with the Department of Financial and 
19 Professional
Regulation; provided that such security guard 
20 has successfully completed a
course of study, approved by 
21 and supervised by the Department of
Financial and 
22 Professional Regulation, consisting of not less than 40 
23 hours of training
that includes the theory of law 
24 enforcement, liability for acts, and the
handling of 
25 weapons. A person shall be considered eligible for this

26 exemption if he or she has completed the required 20
hours 
 
 
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1 of training for a security officer and 20 hours of required 
2 firearm
training, and has been issued a firearm control 
3 card by
the Department of Financial and Professional 
4 Regulation. Conditions for the renewal of
firearm control 
5 cards issued under the provisions of this Section
shall be 
6 the same as for those cards issued under the provisions of 
7 the
Private Detective, Private Alarm,
Private Security, 
8 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
9 control card shall be carried by the security guard at all

10 times when he or she is in possession of a concealable 
11 weapon permitted by his or her firearm control card.

12  (7) Agents and investigators of the Illinois 
13 Legislative Investigating
Commission authorized by the 
14 Commission to carry the weapons specified in
subsections 
15 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

16 any investigation for the Commission.

17  (8) Persons employed by a financial institution as a 
18 security guard for the protection of
other employees and 
19 property related to such financial institution, while

20 actually engaged in the performance of their duties, 
21 commuting between
their homes and places of employment, or 
22 traveling between sites or
properties owned or operated by 
23 such financial institution, and who, as a security guard, 
24 is a member of a security force registered with the 
25 Department; provided that
any person so employed has 
26 successfully completed a course of study,
approved by and 
 
 
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1 supervised by the Department of Financial and Professional 
2 Regulation,
consisting of not less than 40 hours of 
3 training which includes theory of
law enforcement, 
4 liability for acts, and the handling of weapons.
A person 
5 shall be considered to be eligible for this exemption if he 
6 or
she has completed the required 20 hours of training for 
7 a security officer
and 20 hours of required firearm 
8 training, and has been issued a
firearm control card by the 
9 Department of Financial and Professional Regulation.

10 Conditions for renewal of firearm control cards issued 
11 under the
provisions of this Section shall be the same as 
12 for those issued under the
provisions of the Private 
13 Detective, Private Alarm,
Private Security, Fingerprint 
14 Vendor, and Locksmith Act of 2004. The
firearm control card 
15 shall be carried by the security guard at all times when he 
16 or she is in possession of a concealable
weapon permitted 
17 by his or her firearm control card. For purposes of this 
18 subsection, "financial institution" means a
bank, savings 
19 and loan association, credit union or company providing

20 armored car services.

21  (9) Any person employed by an armored car company to 
22 drive an armored
car, while actually engaged in the 
23 performance of his duties.

24  (10) Persons who have been classified as peace officers 
25 pursuant
to the Peace Officer Fire Investigation Act.

26  (11) Investigators of the Office of the State's 
 
 
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1 Attorneys Appellate
Prosecutor authorized by the board of 
2 governors of the Office of the
State's Attorneys Appellate 
3 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
4 State's Attorneys Appellate Prosecutor's Act.

5  (12) Special investigators appointed by a State's 
6 Attorney under
Section 3-9005 of the Counties Code.

7  (12.5) Probation officers while in the performance of 
8 their duties, or
while commuting between their homes, 
9 places of employment or specific locations
that are part of 
10 their assigned duties, with the consent of the chief judge 
11 of
the circuit for which they are employed, if they have 
12 received weapons training according
to requirements of the 
13 Peace Officer and Probation Officer Firearm Training Act.

14  (13) Court Security Officers while in the performance 
15 of their official
duties, or while commuting between their 
16 homes and places of employment, with
the
consent of the 
17 Sheriff.

18  (13.5) A person employed as an armed security guard at 
19 a nuclear energy,
storage, weapons or development site or 
20 facility regulated by the Nuclear
Regulatory Commission 
21 who has completed the background screening and training

22 mandated by the rules and regulations of the Nuclear 
23 Regulatory Commission.

24  (14) Manufacture, transportation, or sale of weapons 
25 to
persons
authorized under subdivisions (1) through 
26 (13.5) of this
subsection
to
possess those weapons.

 
 
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1 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
2to
or affect any person carrying a concealed pistol, revolver, 
3or handgun and the person has been issued a currently valid 
4license under the Firearm Concealed Carry Act at the time of 
5the commission of the offense. 
6 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
724-1.6 do not
apply to or affect
any of the following:

8  (1) Members of any club or organization organized for 
9 the purpose of
practicing shooting at targets upon 
10 established target ranges, whether
public or private, and 
11 patrons of such ranges, while such members
or patrons are 
12 using their firearms on those target ranges.

13  (2) Duly authorized military or civil organizations 
14 while parading,
with the special permission of the 
15 Governor.

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

17 permit while engaged in hunting,
trapping or fishing.

18  (4) Transportation of weapons that are broken down in a

19 non-functioning state or are not immediately accessible.

20  (5) Carrying or possessing any pistol, revolver, stun 
21 gun or taser or other firearm on the land or in the legal 
22 dwelling of another person as an invitee with that person's 
23 permission. 
24 (c) Subsection 24-1(a)(7) does not apply to or affect any 
25of the
following:

26  (1) Peace officers while in performance of their 
 
 
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1 official duties.

2  (2) Wardens, superintendents and keepers of prisons, 
3 penitentiaries,
jails and other institutions for the 
4 detention of persons accused or
convicted of an offense.

5  (3) Members of the Armed Services or Reserve Forces of 
6 the United States
or the Illinois National Guard, while in 
7 the performance of their official
duty.

8  (4) Manufacture, transportation, or sale of machine 
9 guns to persons
authorized under subdivisions (1) through 
10 (3) of this subsection to
possess machine guns, if the 
11 machine guns are broken down in a
non-functioning state or 
12 are not immediately accessible.

13  (5) Persons licensed under federal law to manufacture 
14 any weapon from
which 8 or more shots or bullets can be 
15 discharged by a
single function of the firing device, or 
16 ammunition for such weapons, and
actually engaged in the 
17 business of manufacturing such weapons or
ammunition, but 
18 only with respect to activities which are within the lawful

19 scope of such business, such as the manufacture, 
20 transportation, or testing
of such weapons or ammunition. 
21 This exemption does not authorize the
general private 
22 possession of any weapon from which 8 or more
shots or 
23 bullets can be discharged by a single function of the 
24 firing
device, but only such possession and activities as 
25 are within the lawful
scope of a licensed manufacturing 
26 business described in this paragraph.

 
 
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1  During transportation, such weapons shall be broken 
2 down in a
non-functioning state or not immediately 
3 accessible.

4  (6) The manufacture, transport, testing, delivery, 
5 transfer or sale,
and all lawful commercial or experimental 
6 activities necessary thereto, of
rifles, shotguns, and 
7 weapons made from rifles or shotguns,
or ammunition for 
8 such rifles, shotguns or weapons, where engaged in
by a 
9 person operating as a contractor or subcontractor pursuant 
10 to a
contract or subcontract for the development and supply 
11 of such rifles,
shotguns, weapons or ammunition to the 
12 United States government or any
branch of the Armed Forces 
13 of the United States, when such activities are
necessary 
14 and incident to fulfilling the terms of such contract.

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

16 shall also apply to any authorized agent of any such 
17 contractor or
subcontractor who is operating within the 
18 scope of his employment, where
such activities involving 
19 such weapon, weapons or ammunition are necessary
and 
20 incident to fulfilling the terms of such contract.

21  (7) A person possessing a rifle with a barrel or 
22 barrels less than 16 inches in length if: (A) the person 
23 has been issued a Curios and Relics license from the U.S. 
24 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
25 the person is an active member of a bona fide, nationally 
26 recognized military re-enacting group and the modification 
 
 
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1 is required and necessary to accurately portray the weapon 
2 for historical re-enactment purposes; the re-enactor is in 
3 possession of a valid and current re-enacting group 
4 membership credential; and the overall length of the weapon 
5 as modified is not less than 26 inches.
6 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
7possession
or carrying of a black-jack or slung-shot by a peace 
8officer.

9 (e) Subsection 24-1(a)(8) does not apply to any owner, 
10manager or
authorized employee of any place specified in that 
11subsection nor to any
law enforcement officer.

12 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
13Section 24-1.6
do not apply
to members of any club or 
14organization organized for the purpose of practicing
shooting 
15at targets upon established target ranges, whether public or 
16private,
while using their firearms on those target ranges.

17 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
18to:

19  (1) Members of the Armed Services or Reserve Forces of 
20 the United
States or the Illinois National Guard, while in 
21 the performance of their
official duty.

22  (2) Bonafide collectors of antique or surplus military 
23 ordnance ordinance.

24  (3) Laboratories having a department of forensic 
25 ballistics, or
specializing in the development of 
26 ammunition or explosive ordnance ordinance.

 
 
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1  (4) Commerce, preparation, assembly or possession of 
2 explosive
bullets by manufacturers of ammunition licensed 
3 by the federal government,
in connection with the supply of 
4 those organizations and persons exempted
by subdivision 
5 (g)(1) of this Section, or like organizations and persons

6 outside this State, or the transportation of explosive 
7 bullets to any
organization or person exempted in this 
8 Section by a common carrier or by a
vehicle owned or leased 
9 by an exempted manufacturer.

10 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
11persons licensed
under federal law to manufacture any device or 
12attachment of any kind designed,
used, or intended for use in 
13silencing the report of any firearm, firearms, or
ammunition

14for those firearms equipped with those devices, and actually 
15engaged in the
business of manufacturing those devices, 
16firearms, or ammunition, but only with
respect to
activities 
17that are within the lawful scope of that business, such as the

18manufacture, transportation, or testing of those devices, 
19firearms, or
ammunition. This
exemption does not authorize the 
20general private possession of any device or
attachment of any 
21kind designed, used, or intended for use in silencing the

22report of any firearm, but only such possession and activities 
23as are within
the
lawful scope of a licensed manufacturing 
24business described in this subsection
(g-5). During 
25transportation, these devices shall be detached from any weapon

26or
not immediately accessible.

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

224-1.6 do not apply to
or affect any parole agent or parole 
3supervisor who meets the qualifications and conditions 
4prescribed in Section 3-14-1.5 of the Unified Code of 
5Corrections. 
6 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
7officer while serving as a member of a tactical response team 
8or special operations team. A peace officer may not personally 
9own or apply for ownership of a device or attachment of any 
10kind designed, used, or intended for use in silencing the 
11report of any firearm. These devices shall be owned and 
12maintained by lawfully recognized units of government whose 
13duties include the investigation of criminal acts.
14 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1524-1.6 do not apply to
or affect any currently employed or 
16retired State correctional officer who meets the 
17qualifications and conditions prescribed in Section 3-2-12 of 
18the Unified Code of Corrections.
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 the 
21possessor of a valid
Firearm Owners Identification Card.

22(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, 
23eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)

24 Section 10. The Unified Code of Corrections is amended by 
25adding Section 3-2-12 as follows:

 
 
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1 (730 ILCS 5/3-2-12 new)
2 Sec. 3-2-12. State correctional officers; off-duty 
3firearms. 
4 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
524-1.6 of the Criminal Code of 2012 do not apply to currently 
6employed or retired State correctional officers who meet the 
7following conditions:
8  (1) The currently employed or retired State 
9 correctional officer must receive
training in the use of 
10 firearms while off duty conducted by the Illinois Law 
11 Enforcement Training Standards Board and be certified as 
12 having successfully completing the training by the Board. 
13 The Board shall determine the amount of the training and 
14 the course content for the training. The currently employed 
15 or retired State correctional officer shall requalify for 
16 the firearms training annually at a State range certified 
17 by the Illinois Law Enforcement Training Standards Board. 
18 The expenses of the retraining shall be paid by the 
19 currently employed or retired State correctional officer 
20 and moneys for the costs of the requalification shall be 
21 expended at the request of the Illinois Law Enforcement 
22 Training Standards Board.
23  (2) The currently employed or retired State 
24 correctional officer shall purchase
the firearm at his or 
25 her own expense and shall register the firearm with the 
 
 
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1 Department of State Police and with any other local law 
2 enforcement agencies that require the registration.
3  (3) The currently employed or retired State 
4 correctional officer may not carry
any Department of 
5 Corrections or Department of Juvenile Justice State-issued 
6 firearm while off duty. A person who violates this 
7 paragraph (3) is subject to disciplinary action by the 
8 Department of Corrections or the Department of Juvenile 
9 Justice.
10  (4) State correctional officers who are or were 
11 discharged from
employment by the Department of 
12 Corrections or the Department of Juvenile Justice shall no 
13 longer be considered law enforcement officials and all 
14 their rights as law enforcement officials shall be revoked 
15 permanently.
16 (b) For the purposes of this Section, "State correctional 
17officer" means an employee of the Department of Corrections or 
18the Department of Juvenile Justice who has custody and control 
19over inmates in an adult or juvenile correctional facility.