98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1709

Introduced 2/15/2013, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:
See Index

Amends the Freedom of Information Act. Provides that names and information of people who have applied for or received Certificates of Firearm Registration are exempt from public inspections and copying. Amends the State Finance Act. Creates the National Instant Criminal Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund. Amends the Firearm Owners Identification Act. Provides that the Act may now be cited to as the "Firearm Owners Identification Card and Certificate of Firearm Registration Act". Defines "Certificate of Firearm Registration" and "firearm". Prohibits any person in the State from carrying or possessing a firearm without a Certificate of Firearm Registration. Sets forth requirements concerning exemptions, applications for registration, registration fees, the distribution of moneys received from certain fees, and the denial of an application. Creates penalties for the possession of a firearm without a current certificate of registration, knowingly providing false or misleading information or evidence in connection with an application, and the failure to report to local law enforcement that a registered firearm is lost, stolen, missing, or destroyed. Sets forth procedures for the return of a certificate of registration for a firearm that is lost, stolen, or otherwise disposed of. Amends various Acts to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.
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. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12 (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15 (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20 (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the

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1Illinois Sexually Transmissible Disease Control Act.
2 (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7 (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9 (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14 (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18 (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21 (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25 (l) Records and information provided to a residential
26health care facility resident sexual assault and death review

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

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1 (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3 (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16 (u) Records and information provided to an independent team
17of experts under Brian's Law.
18 (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards or Certificates
20of Firearm Registration under the Firearm Owners
21Identification Card and Certificate of Firearm Registration
22Act.
23 (w) Personally identifiable information which is exempted
24from disclosure under subsection (g) of Section 19.1 of the
25Toll Highway Act.
26 (x) Information which is exempted from disclosure under

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1Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
2Illinois Municipal Code.
3(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
58-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
6eff. 1-1-13.)
7 Section 10. The Department of State Police Law of the Civil
8Administrative Code of Illinois is amended by changing Sections
92605-45 and 2605-120 as follows:
10 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
11 Sec. 2605-45. Division of Administration. The Division of
12Administration shall exercise the following functions:
13 (1) Exercise the rights, powers, and duties vested in
14 the Department by the Governor's Office of Management and
15 Budget Act.
16 (2) Pursue research and the publication of studies
17 pertaining to local law enforcement activities.
18 (3) Exercise the rights, powers, and duties vested in
19 the Department by the Personnel Code.
20 (4) Operate an electronic data processing and computer
21 center for the storage and retrieval of data pertaining to
22 criminal activity.
23 (5) Exercise the rights, powers, and duties vested in
24 the former Division of State Troopers by Section 17 of the

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1 State Police Act.
2 (6) Exercise the rights, powers, and duties vested in
3 the Department by "An Act relating to internal auditing in
4 State government", approved August 11, 1967 (repealed; now
5 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
6 (6.5) Exercise the rights, powers, and duties vested in
7 the Department by the Firearm Owners Identification Card
8 and Certificate of Firearm Registration Act.
9 (7) Exercise other duties that may be assigned by the
10 Director to fulfill the responsibilities and achieve the
11 purposes of the Department.
12(Source: P.A. 94-793, eff. 5-19-06.)
13 (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
14 Sec. 2605-120. Firearm Owners Identification Card and
15Certificate of Firearm Registration Act. To exercise the
16rights, powers, and duties that have been vested in the
17Department of Public Safety by the Firearm Owners
18Identification Card and Certificate of Firearm Registration
19Act.
20(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
21eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
22eff. 8-14-98; 91-239, eff. 1-1-00.)
23 Section 15. The Criminal Identification Act is amended by
24changing Section 2.2 as follows:

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1 (20 ILCS 2630/2.2)
2 Sec. 2.2. Notification to the Department. Upon judgment of
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
412-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
5Code of 2012 when the defendant has been determined, pursuant
6to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
7to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
8circuit court clerk shall include notification and a copy of
9the written determination in a report of the conviction to the
10Department of State Police Firearm Owner's Identification Card
11Office to enable the office to perform its duties under
12Sections 4 and 8 of the Firearm Owners Identification Card and
13Certificate of Firearm Registration Act and to report that
14determination to the Federal Bureau of Investigation to assist
15the Bureau in identifying persons prohibited from purchasing
16and possessing a firearm pursuant to the provisions of 18
17U.S.C. 922. The written determination described in this Section
18shall be included in the defendant's record of arrest and
19conviction in the manner and form prescribed by the Department
20of State Police.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
22 Section 20. The State Finance Act is amended by adding
23Sections 5.826, 5.827, 6z-98, and 6z-99 as follows:

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1 (30 ILCS 105/5.826 new)
2 Sec. 5.826. The National Instant Criminal Background Check
3System Improvement Fund.
4 (30 ILCS 105/5.827 new)
5 Sec. 5.827. The Illinois LEADS Information and Technology
6Improvement Fund.
7 (30 ILCS 105/6z-98 new)
8 Sec. 6z-98. National Instant Criminal Background Check
9System Improvement Fund.
10 (a) There is created in the State treasury a special fund
11known as National Instant Criminal Background Check System
12Improvement Fund. The Fund shall receive revenue under Section
133.4 of the Firearm Owners Identification Card and Certificate
14of Firearm Registration Act. The Fund may also receive revenue
15from grants, donations, appropriations, and any other legal
16source.
17 (b) The Department of State Police shall use moneys in the
18Fund to perform its duties and responsibilities under
19subsection (e) of Section 3.1 of the Firearm Owners
20Identification Card and Certificate of Firearm Registration
21Act.
22 (c) Expenditures may be made from the Fund only as
23appropriated by the General Assembly by law.
24 (d) Investment income that is attributable to the

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1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3 (e) The Fund shall not be subject to administrative
4chargebacks.
5 (30 ILCS 105/6z-99 new)
6 Sec. 6z-99. Illinois LEADS Information and Technology
7Improvement Fund.
8 (a) There is created in the State treasury a special fund
9known as the Illinois LEADS Information and Technology
10Improvement Fund. The Fund shall receive revenue under Section
113.4 of the Firearm Owners Identification Card and Certificate
12of Firearm Registration Act. The Fund may also receive revenue
13from grants, donations, appropriations, and any other legal
14source.
15 (b) The Department of State Police shall use the moneys in
16the Fund to update and improve the technology used for the Law
17Enforcement Agencies Data System (LEADS) system. The Fund shall
18also be used to support the Department's responsibilities in
19managing background checks and public safety record-keeping.
20 (c) Moneys in the Fund shall also be used to fund grants
21made available to local law enforcement to support their
22technological infrastructure.
23 (d) Expenditures may be made from the Fund only as
24appropriated by the General Assembly by law.
25 (e) Investment income that is attributable to the

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1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3 (f) The Fund shall not be subject to administrative
4chargebacks.
5 Section 25. The School Code is amended by changing Sections
610-22.6, 10-27.1A, and 34-8.05 as follows:
7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
8 Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10 (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, and no action shall lie
13against them for such expulsion. Expulsion shall take place
14only after the parents have been requested to appear at a
15meeting of the board, or with a hearing officer appointed by
16it, to discuss their child's behavior. Such request shall be
17made by registered or certified mail and shall state the time,
18place and purpose of the meeting. The board, or a hearing
19officer appointed by it, at such meeting shall state the
20reasons for dismissal and the date on which the expulsion is to
21become effective. If a hearing officer is appointed by the
22board he shall report to the board a written summary of the
23evidence heard at the meeting and the board may take such
24action thereon as it finds appropriate. An expelled pupil may

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1be immediately transferred to an alternative program in the
2manner provided in Article 13A or 13B of this Code. A pupil
3must not be denied transfer because of the expulsion, except in
4cases in which such transfer is deemed to cause a threat to the
5safety of students or staff in the alternative program.
6 (b) To suspend or by policy to authorize the superintendent
7of the district or the principal, assistant principal, or dean
8of students of any school to suspend pupils guilty of gross
9disobedience or misconduct, or to suspend pupils guilty of
10gross disobedience or misconduct on the school bus from riding
11the school bus, and no action shall lie against them for such
12suspension. The board may by policy authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend pupils
15guilty of such acts for a period not to exceed 10 school days.
16If a pupil is suspended due to gross disobedience or misconduct
17on a school bus, the board may suspend the pupil in excess of
1810 school days for safety reasons. Any suspension shall be
19reported immediately to the parents or guardian of such pupil
20along with a full statement of the reasons for such suspension
21and a notice of their right to a review. The school board must
22be given a summary of the notice, including the reason for the
23suspension and the suspension length. Upon request of the
24parents or guardian the school board or a hearing officer
25appointed by it shall review such action of the superintendent
26or principal, assistant principal, or dean of students. At such

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1review the parents or guardian of the pupil may appear and
2discuss the suspension with the board or its hearing officer.
3If a hearing officer is appointed by the board he shall report
4to the board a written summary of the evidence heard at the
5meeting. After its hearing or upon receipt of the written
6report of its hearing officer, the board may take such action
7as it finds appropriate. A pupil who is suspended in excess of
820 school days may be immediately transferred to an alternative
9program in the manner provided in Article 13A or 13B of this
10Code. A pupil must not be denied transfer because of the
11suspension, except in cases in which such transfer is deemed to
12cause a threat to the safety of students or staff in the
13alternative program.
14 (c) The Department of Human Services shall be invited to
15send a representative to consult with the board at such meeting
16whenever there is evidence that mental illness may be the cause
17for expulsion or suspension.
18 (d) The board may expel a student for a definite period of
19time not to exceed 2 calendar years, as determined on a case by
20case basis. A student who is determined to have brought one of
21the following objects to school, any school-sponsored activity
22or event, or any activity or event that bears a reasonable
23relationship to school shall be expelled for a period of not
24less than one year:
25 (1) A firearm. For the purposes of this Section,
26 "firearm" means any gun, rifle, shotgun, weapon as defined

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1 by Section 921 of Title 18 of the United States Code,
2 firearm as defined in Section 1.1 of the Firearm Owners
3 Identification Card and Certificate of Firearm
4 Registration Act, or firearm as defined in Section 24-1 of
5 the Criminal Code of 2012. The expulsion period under this
6 subdivision (1) may be modified by the superintendent, and
7 the superintendent's determination may be modified by the
8 board on a case-by-case basis.
9 (2) A knife, brass knuckles or other knuckle weapon
10 regardless of its composition, a billy club, or any other
11 object if used or attempted to be used to cause bodily
12 harm, including "look alikes" of any firearm as defined in
13 subdivision (1) of this subsection (d). The expulsion
14 requirement under this subdivision (2) may be modified by
15 the superintendent, and the superintendent's determination
16 may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the Federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code. The provisions of this
23subsection (d) apply in all school districts, including special
24charter districts and districts organized under Article 34.
25 (d-5) The board may suspend or by regulation authorize the
26superintendent of the district or the principal, assistant

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1principal, or dean of students of any school to suspend a
2student for a period not to exceed 10 school days or may expel
3a student for a definite period of time not to exceed 2
4calendar years, as determined on a case by case basis, if (i)
5that student has been determined to have made an explicit
6threat on an Internet website against a school employee, a
7student, or any school-related personnel, (ii) the Internet
8website through which the threat was made is a site that was
9accessible within the school at the time the threat was made or
10was available to third parties who worked or studied within the
11school grounds at the time the threat was made, and (iii) the
12threat could be reasonably interpreted as threatening to the
13safety and security of the threatened individual because of his
14or her duties or employment status or status as a student
15inside the school. The provisions of this subsection (d-5)
16apply in all school districts, including special charter
17districts and districts organized under Article 34 of this
18Code.
19 (e) To maintain order and security in the schools, school
20authorities may inspect and search places and areas such as
21lockers, desks, parking lots, and other school property and
22equipment owned or controlled by the school, as well as
23personal effects left in those places and areas by students,
24without notice to or the consent of the student, and without a
25search warrant. As a matter of public policy, the General
26Assembly finds that students have no reasonable expectation of

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1privacy in these places and areas or in their personal effects
2left in these places and areas. School authorities may request
3the assistance of law enforcement officials for the purpose of
4conducting inspections and searches of lockers, desks, parking
5lots, and other school property and equipment owned or
6controlled by the school for illegal drugs, weapons, or other
7illegal or dangerous substances or materials, including
8searches conducted through the use of specially trained dogs.
9If a search conducted in accordance with this Section produces
10evidence that the student has violated or is violating either
11the law, local ordinance, or the school's policies or rules,
12such evidence may be seized by school authorities, and
13disciplinary action may be taken. School authorities may also
14turn over such evidence to law enforcement authorities. The
15provisions of this subsection (e) apply in all school
16districts, including special charter districts and districts
17organized under Article 34.
18 (f) Suspension or expulsion may include suspension or
19expulsion from school and all school activities and a
20prohibition from being present on school grounds.
21 (g) A school district may adopt a policy providing that if
22a student is suspended or expelled for any reason from any
23public or private school in this or any other state, the
24student must complete the entire term of the suspension or
25expulsion in an alternative school program under Article 13A of
26this Code or an alternative learning opportunities program

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1under Article 13B of this Code before being admitted into the
2school district if there is no threat to the safety of students
3or staff in the alternative program. This subsection (g)
4applies to all school districts, including special charter
5districts and districts organized under Article 34 of this
6Code.
7(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
897-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
997-1150, eff. 1-25-13.)
10 (105 ILCS 5/10-27.1A)
11 Sec. 10-27.1A. Firearms in schools.
12 (a) All school officials, including teachers, guidance
13counselors, and support staff, shall immediately notify the
14office of the principal in the event that they observe any
15person in possession of a firearm on school grounds; provided
16that taking such immediate action to notify the office of the
17principal would not immediately endanger the health, safety, or
18welfare of students who are under the direct supervision of the
19school official or the school official. If the health, safety,
20or welfare of students under the direct supervision of the
21school official or of the school official is immediately
22endangered, the school official shall notify the office of the
23principal as soon as the students under his or her supervision
24and he or she are no longer under immediate danger. A report is
25not required by this Section when the school official knows

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1that the person in possession of the firearm is a law
2enforcement official engaged in the conduct of his or her
3official duties. Any school official acting in good faith who
4makes such a report under this Section shall have immunity from
5any civil or criminal liability that might otherwise be
6incurred as a result of making the report. The identity of the
7school official making such report shall not be disclosed
8except as expressly and specifically authorized by law.
9Knowingly and willfully failing to comply with this Section is
10a petty offense. A second or subsequent offense is a Class C
11misdemeanor.
12 (b) Upon receiving a report from any school official
13pursuant to this Section, or from any other person, the
14principal or his or her designee shall immediately notify a
15local law enforcement agency. If the person found to be in
16possession of a firearm on school grounds is a student, the
17principal or his or her designee shall also immediately notify
18that student's parent or guardian. Any principal or his or her
19designee acting in good faith who makes such reports under this
20Section shall have immunity from any civil or criminal
21liability that might otherwise be incurred or imposed as a
22result of making the reports. Knowingly and willfully failing
23to comply with this Section is a petty offense. A second or
24subsequent offense is a Class C misdemeanor. If the person
25found to be in possession of the firearm on school grounds is a
26minor, the law enforcement agency shall detain that minor until

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1such time as the agency makes a determination pursuant to
2clause (a) of subsection (1) of Section 5-401 of the Juvenile
3Court Act of 1987, as to whether the agency reasonably believes
4that the minor is delinquent. If the law enforcement agency
5determines that probable cause exists to believe that the minor
6committed a violation of item (4) of subsection (a) of Section
724-1 of the Criminal Code of 2012 while on school grounds, the
8agency shall detain the minor for processing pursuant to
9Section 5-407 of the Juvenile Court Act of 1987.
10 (c) On or after January 1, 1997, upon receipt of any
11written, electronic, or verbal report from any school personnel
12regarding a verified incident involving a firearm in a school
13or on school owned or leased property, including any conveyance
14owned, leased, or used by the school for the transport of
15students or school personnel, the superintendent or his or her
16designee shall report all such firearm-related incidents
17occurring in a school or on school property to the local law
18enforcement authorities immediately and to the Department of
19State Police in a form, manner, and frequency as prescribed by
20the Department of State Police.
21 The State Board of Education shall receive an annual
22statistical compilation and related data associated with
23incidents involving firearms in schools from the Department of
24State Police. The State Board of Education shall compile this
25information by school district and make it available to the
26public.

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1 (d) As used in this Section, the term "firearm" shall have
2the meaning ascribed to it in Section 1.1 of the Firearm Owners
3Identification Card and Certificate of Firearm Registration
4Act.
5 As used in this Section, the term "school" means any public
6or private elementary or secondary school.
7 As used in this Section, the term "school grounds" includes
8the real property comprising any school, any conveyance owned,
9leased, or contracted by a school to transport students to or
10from school or a school-related activity, or any public way
11within 1,000 feet of the real property comprising any school.
12(Source: P.A. 97-1150, eff. 1-25-13.)
13 (105 ILCS 5/34-8.05)
14 Sec. 34-8.05. Reporting firearms in schools. On or after
15January 1, 1997, upon receipt of any written, electronic, or
16verbal report from any school personnel regarding a verified
17incident involving a firearm in a school or on school owned or
18leased property, including any conveyance owned, leased, or
19used by the school for the transport of students or school
20personnel, the general superintendent or his or her designee
21shall report all such firearm-related incidents occurring in a
22school or on school property to the local law enforcement
23authorities no later than 24 hours after the occurrence of the
24incident and to the Department of State Police in a form,
25manner, and frequency as prescribed by the Department of State

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1Police.
2 The State Board of Education shall receive an annual
3statistical compilation and related data associated with
4incidents involving firearms in schools from the Department of
5State Police. As used in this Section, the term "firearm" shall
6have the meaning ascribed to it in Section 1.1 of the Firearm
7Owners Identification Card and Certificate of Firearm
8Registration Act.
9(Source: P.A. 89-498, eff. 6-27-96.)
10 Section 30. The Lead Poisoning Prevention Act is amended by
11changing Section 2 as follows:
12 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
13 Sec. 2. Definitions. As used in this Act:
14 "Abatement" means the removal or encapsulation of all
15leadbearing substances in a residential building or dwelling
16unit.
17 "Child care facility" means any structure used by a child
18care provider licensed by the Department of Children and Family
19Services or public school structure frequented by children
20through 6 years of age.
21 "Delegate agency" means a unit of local government or
22health department approved by the Department to carry out the
23provisions of this Act.
24 "Department" means the Department of Public Health of the

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1State of Illinois.
2 "Dwelling" means any structure all or part of which is
3designed or used for human habitation.
4 "High risk area" means an area in the State determined by
5the Department to be high risk for lead exposure for children
6through 6 years of age. The Department shall consider, but not
7be limited to, the following factors to determine a high risk
8area: age and condition (using Department of Housing and Urban
9Development definitions of "slum" and "blighted") of housing,
10proximity to highway traffic or heavy local traffic or both,
11percentage of housing determined as rental or vacant, proximity
12to industry using lead, established incidence of elevated blood
13lead levels in children, percentage of population living below
14200% of federal poverty guidelines, and number of children
15residing in the area who are 6 years of age or younger.
16 "Exposed surface" means any interior or exterior surface of
17a dwelling or residential building.
18 "Lead abatement contractor" means any person or entity
19licensed by the Department to perform lead abatement and
20mitigation.
21 "Lead abatement worker" means any person employed by a lead
22abatement contractor and licensed by the Department to perform
23lead abatement and mitigation.
24 "Lead bearing substance" means any item containing or
25coated with lead such that the lead content is more than
26six-hundredths of one percent (0.06%) lead by total weight; or

SB1709- 22 -LRB098 09759 RLC 39908 b
1any dust on surfaces or in furniture or other nonpermanent
2elements of the dwelling; or any paint or other surface coating
3material containing more than five-tenths of one percent (0.5%)
4lead by total weight (calculated as lead metal) in the total
5non-volatile content of liquid paint; or lead bearing
6substances containing greater than one milligram per square
7centimeter or any lower standard for lead content in
8residential paint as may be established by federal law or
9regulation; or more than 1 milligram per square centimeter in
10the dried film of paint or previously applied substance; or
11item or dust on item containing lead in excess of the amount
12specified in the rules and regulations authorized by this Act
13or a lower standard for lead content as may be established by
14federal law or regulation. "Lead bearing substance" does not
15include firearm ammunition or components as defined by the
16Firearm Owners Identification Card and Certificate of Firearm
17Registration Act.
18 "Lead hazard" means a lead bearing substance that poses an
19immediate health hazard to humans.
20 "Lead poisoning" means the condition of having blood lead
21levels in excess of those considered safe under State and
22federal rules and regulations.
23 "Low risk area" means an area in the State determined by
24the Department to be low risk for lead exposure for children
25through 6 years of age. The Department shall consider the
26factors named in "high risk area" to determine low risk areas.

SB1709- 23 -LRB098 09759 RLC 39908 b
1 "Mitigation" means the remediation, in a manner described
2in Section 9, of a lead hazard so that the lead bearing
3substance does not pose an immediate health hazard to humans.
4 "Owner" means any person, who alone, jointly, or severally
5with others:
6 (a) Has legal title to any dwelling or residential
7 building, with or without accompanying actual possession
8 of the dwelling or residential building, or
9 (b) Has charge, care or control of the dwelling or
10 residential building as owner or agent of the owner, or as
11 executor, administrator, trustee, or guardian of the
12 estate of the owner.
13 "Person" means any one or more natural persons, legal
14entities, governmental bodies, or any combination.
15 "Residential building" means any room, group of rooms, or
16other interior areas of a structure designed or used for human
17habitation; common areas accessible by inhabitants; and the
18surrounding property or structures.
19 "Risk assessment" means a questionnaire to be developed by
20the Department for use by physicians and other health care
21providers to determine risk factors for children through 6
22years of age residing in areas designated as low risk for lead
23exposure.
24(Source: P.A. 94-879, eff. 6-20-06.)
25 Section 35. The Firearm Owners Identification Card Act is

SB1709- 24 -LRB098 09759 RLC 39908 b
1amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and
214 and by adding Section 3.4 as follows:
3 (430 ILCS 65/0.01) (from Ch. 38, par. 83-0.1)
4 Sec. 0.01. Short title. This Act may be cited as the
5Firearm Owners Identification Card and Certificate of Firearm
6Registration Act.
7(Source: P.A. 86-1324.)
8 (430 ILCS 65/1) (from Ch. 38, par. 83-1)
9 Sec. 1. It is hereby declared as a matter of legislative
10determination that in order to promote and protect the health,
11safety and welfare of the public, it is necessary and in the
12public interest to provide a system of identifying persons who
13are not qualified to acquire or possess firearms, firearm
14ammunition, stun guns, and tasers within the State of Illinois
15by the establishment of a system of Firearm Owner's
16Identification Cards and firearm registration, thereby
17establishing a practical and workable system by which law
18enforcement authorities will be afforded an opportunity to
19identify those persons who are prohibited by Section 24-3.1 of
20the Criminal Code of 2012, from acquiring or possessing
21firearms and firearm ammunition and who are prohibited by this
22Act from acquiring stun guns and tasers, and to identify the
23ownership of firearms that have been recovered or seized as
24evidence.

SB1709- 25 -LRB098 09759 RLC 39908 b
1(Source: P.A. 97-1150, eff. 1-25-13.)
2 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
3 Sec. 1.1. For purposes of this Act:
4 "Has been adjudicated as a mental defective" means the
5person is the subject of a determination by a court, board,
6commission or other lawful authority that a person, as a result
7of marked subnormal intelligence, or mental illness, mental
8impairment, incompetency, condition, or disease:
9 (1) is a danger to himself, herself, or to others;
10 (2) lacks the mental capacity to manage his or her own
11 affairs;
12 (3) is not guilty in a criminal case by reason of
13 insanity, mental disease or defect;
14 (4) is incompetent to stand trial in a criminal case;
15 (5) is not guilty by reason of lack of mental
16 responsibility pursuant to Articles 50a and 72b of the
17 Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
18 "Certificate of Firearm Registration" means a certificate
19issued by the Illinois Department of State Police under Section
203.4 of this Act.
21 "Counterfeit" means to copy or imitate, without legal
22authority, with intent to deceive.
23 "Federally licensed firearm dealer" means a person who is
24licensed as a federal firearms dealer under Section 923 of the
25federal Gun Control Act of 1968 (18 U.S.C. 923).

SB1709- 26 -LRB098 09759 RLC 39908 b
1 "Firearm" means any device, by whatever name known, which
2is designed to expel a projectile or projectiles by the action
3of an explosion, expansion of gas or escape of gas; excluding,
4however:
5 (1) any pneumatic gun, spring gun, paint ball gun, or
6 B-B gun which expels a single globular projectile not
7 exceeding .18 inch in diameter or which has a maximum
8 muzzle velocity of less than 700 feet per second;
9 (1.1) any pneumatic gun, spring gun, paint ball gun, or
10 B-B gun which expels breakable paint balls containing
11 washable marking colors;
12 (2) any device used exclusively for signalling or
13 safety and required or recommended by the United States
14 Coast Guard or the Interstate Commerce Commission;
15 (3) any device used exclusively for the firing of stud
16 cartridges, explosive rivets or similar industrial
17 ammunition; and
18 (4) an antique firearm (other than a machine-gun)
19 which, although designed as a weapon, the Department of
20 State Police finds by reason of the date of its
21 manufacture, value, design, and other characteristics is
22 primarily a collector's item and is not likely to be used
23 as a weapon.
24 "Firearm ammunition" means any self-contained cartridge or
25shotgun shell, by whatever name known, which is designed to be
26used or adaptable to use in a firearm; excluding, however:

SB1709- 27 -LRB098 09759 RLC 39908 b
1 (1) any ammunition exclusively designed for use with a
2 device used exclusively for signalling or safety and
3 required or recommended by the United States Coast Guard or
4 the Interstate Commerce Commission; and
5 (2) any ammunition designed exclusively for use with a
6 stud or rivet driver or other similar industrial
7 ammunition.
8 "Gun show" means an event or function:
9 (1) at which the sale and transfer of firearms is the
10 regular and normal course of business and where 50 or more
11 firearms are displayed, offered, or exhibited for sale,
12 transfer, or exchange; or
13 (2) at which not less than 10 gun show vendors display,
14 offer, or exhibit for sale, sell, transfer, or exchange
15 firearms.
16 "Gun show" includes the entire premises provided for an
17event or function, including parking areas for the event or
18function, that is sponsored to facilitate the purchase, sale,
19transfer, or exchange of firearms as described in this Section.
20 "Gun show" does not include training or safety classes,
21competitive shooting events, such as rifle, shotgun, or handgun
22matches, trap, skeet, or sporting clays shoots, dinners,
23banquets, raffles, or any other event where the sale or
24transfer of firearms is not the primary course of business.
25 "Gun show promoter" means a person who organizes or
26operates a gun show.

SB1709- 28 -LRB098 09759 RLC 39908 b
1 "Gun show vendor" means a person who exhibits, sells,
2offers for sale, transfers, or exchanges any firearms at a gun
3show, regardless of whether the person arranges with a gun show
4promoter for a fixed location from which to exhibit, sell,
5offer for sale, transfer, or exchange any firearm.
6 "Sanctioned competitive shooting event" means a shooting
7contest officially recognized by a national or state shooting
8sport association, and includes any sight-in or practice
9conducted in conjunction with the event.
10 "Stun gun or taser" has the meaning ascribed to it in
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
13 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
14 Sec. 3. (a) Except as provided in Section 3a, no person may
15knowingly transfer, or cause to be transferred, any firearm,
16firearm ammunition, stun gun, or taser to any person within
17this State unless the transferee with whom he deals displays a
18currently valid Firearm Owner's Identification Card which has
19previously been issued in his name by the Department of State
20Police under the provisions of this Act. In addition, all
21firearm, stun gun, and taser transfers by federally licensed
22firearm dealers are subject to Section 3.1. In addition, the
23transferor and transferee of a firearm shall be subject to
24Section 3.4 of this Act regardless of whether the transferor is
25a federally licensed firearm dealer.

SB1709- 29 -LRB098 09759 RLC 39908 b
1 (a-5) Any person who is not a federally licensed firearm
2dealer and who desires to transfer or sell a firearm while that
3person is on the grounds of a gun show must, before selling or
4transferring the firearm, request the Department of State
5Police to conduct a background check on the prospective
6recipient of the firearm in accordance with Section 3.1.
7Whenever a person who is exempt from Section 3.4 of this Act
8transfers a firearm to a person who is not exempt, the
9transferor shall notify the Department of State Police of the
10transfer, on a form or in a manner prescribed by the
11Department, within 10 days after the transfer.
12 (b) Any person within this State who transfers or causes to
13be transferred any firearm, stun gun, or taser shall keep a
14record of such transfer for a period of 10 years from the date
15of transfer. Such record shall contain the date of the
16transfer; the description, serial number or other information
17identifying the firearm, stun gun, or taser if no serial number
18is available; and, if the transfer was completed within this
19State, the transferee's Firearm Owner's Identification Card
20number. On or after January 1, 2006, the record shall contain
21the date of application for transfer of the firearm. On demand
22of a peace officer such transferor shall produce for inspection
23such record of transfer. If the transfer or sale took place at
24a gun show, the record shall include the unique identification
25number. Failure to record the unique identification number is a
26petty offense.

SB1709- 30 -LRB098 09759 RLC 39908 b
1 (b-5) Any resident may purchase ammunition from a person
2within or outside of Illinois if shipment is by United States
3mail or by a private express carrier authorized by federal law
4to ship ammunition. Any resident purchasing ammunition within
5or outside the State of Illinois must provide the seller with a
6copy of his or her valid Firearm Owner's Identification Card
7and either his or her Illinois driver's license or Illinois
8State Identification Card prior to the shipment of the
9ammunition. The ammunition may be shipped only to an address on
10either of those 2 documents.
11 (c) The provisions of this Section regarding the transfer
12of firearm ammunition shall not apply to those persons
13specified in paragraph (b) of Section 2 of this Act.
14(Source: P.A. 97-1135, eff. 12-4-12.)
15 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
16 Sec. 3.1. 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 Act. 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

SB1709- 31 -LRB098 09759 RLC 39908 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 the Criminal
6Code of 2012 regarding the delivery of firearms, stun guns, and
7tasers notify the inquiring dealer, gun show promoter, or gun
8show vendor of any objection that would disqualify the
9transferee from acquiring or possessing a firearm, stun gun, or
10taser. In conducting the inquiry, the Department of State
11Police shall initiate and complete an automated search of its
12criminal history record information files and those of the
13Federal Bureau of Investigation, including the National
14Instant Criminal Background Check System, and of the files of
15the Department 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 or require revocation of a currently
19valid Firearm Owner's Identification Card.
20 (c) If receipt of a firearm would not violate Section 24-3
21of the Criminal Code of 2012, federal law, or this Act the
22Department of State Police shall:
23 (1) assign a unique identification number to the
24 transfer; and
25 (2) provide the licensee, gun show promoter, or gun
26 show vendor with the number.

SB1709- 32 -LRB098 09759 RLC 39908 b
1 (d) Approvals issued by the Department of State Police for
2the purchase of a firearm are valid for 30 days from the date
3of issue.
4 (e) (1) The Department of State Police must act as the
5Illinois Point of Contact for the National Instant Criminal
6Background Check System.
7 (2) The Department of State Police and the Department of
8Human Services shall, in accordance with State and federal law
9regarding confidentiality, enter into a memorandum of
10understanding with the Federal Bureau of Investigation for the
11purpose of implementing the National Instant Criminal
12Background Check System in the State. The Department of State
13Police shall report the name, date of birth, and physical
14description of any person prohibited from possessing a firearm
15pursuant to the Firearm Owners Identification Card and
16Certificate of Firearm Registration Act or 18 U.S.C. 922(g) and
17(n) to the National Instant Criminal Background Check System
18Index, Denied Persons Files. The Department of State Police
19shall implement a program to distribute grant moneys, with
20funds appropriated for that purpose, to units of local
21government to facilitate participation in the National Instant
22Criminal Background Check System by their enforcement
23agencies.
24 (f) The Department of State Police shall promulgate rules
25not inconsistent with this Section to implement this system.
26(Source: P.A. 97-1150, eff. 1-25-13.)

SB1709- 33 -LRB098 09759 RLC 39908 b
1 (430 ILCS 65/3.4 new)
2 Sec. 3.4. Certificate of Firearm Registration.
3 (a) No person shall transport or possess a firearm in this
4State without a Certificate of Firearm Registration issued for
5that firearm by the Department of State Police.
6 (b) The provisions of this Section requiring the issuance
7of certificates of firearm registration do not apply to the
8following persons:
9 (1) any person who is exempt from the Firearm Owner's
10 Identification Card requirements of this Act under
11 subsection (b) of Section 2 of this Act;
12 (2) any person who is exempt from the Firearm Owner's
13 Identification Card requirements of this Act under
14 subsection (c) of Section 2 of this Act; and
15 (3) a federally licensed firearm dealer holding a new
16 firearm for transfer or sale.
17 (c) An applicant for an original or transferred certificate
18of firearm registration shall submit an application to the
19Department, prepared and furnished at convenient locations
20throughout the State or by electronic means. The application
21shall request the following information from the applicant:
22 (1) the applicant's name, address, and telephone
23 number;
24 (2) a copy of the applicant's Illinois Firearm Owner's
25 Identification Card;

SB1709- 34 -LRB098 09759 RLC 39908 b
1 (3) the name of the manufacturer, the caliber or gauge,
2 the model, the type, and the serial number identification
3 of the firearm to be registered;
4 (4) the source from which the firearm was obtained,
5 including the name and address of the source;
6 (5) the date the firearm was acquired;
7 (6) any other information that the Department shall
8 find reasonably necessary or desirable to effectuate the
9 purposes of this Act and to arrive at a fair determination
10 as to whether the terms of this Act have been complied
11 with; and
12 (7) an affidavit signed by the applicant certifying
13 that the applicant:
14 (A) possesses a valid Firearm Owner's
15 Identification Card;
16 (B) as of the date of application, would still be
17 eligible to receive from the Department a Firearm
18 Owner's Identification Card.
19 (d) Any person who transports or possesses a firearm
20without a current Certificate of Firearm Registration is guilty
21of a Class 2 felony. Any person who knowingly enters false or
22misleading information or who submits false or misleading
23evidence in connection with the application described in
24subsection (c) of this Section is guilty of a Class 2 felony.
25Any person who knows or should know that his or her registered
26firearm is lost, stolen, missing, or destroyed but does not

SB1709- 35 -LRB098 09759 RLC 39908 b
1report that occurrence to local law enforcement is guilty of a
2Class A misdemeanor.
3 (e) The Department shall issue an original or transferred
4certificate of registration or shall issue a written denial of
5the application within 30 days after the application is
6received.
7 (f) Except as provided in subsection (g) of this Section, a
8nonrefundable application fee of $65 shall be payable for each
9original or transferred Certificate of Firearm Registration.
10All moneys received from this $65 fee shall be deposited as
11follows:
12 (1) $25 to the Department for the administration of
13 firearm registration;
14 (2) $20 to the Illinois LEADS Information and
15 Technology Improvement Fund; and
16 (3) $20 to the National Instant Criminal Background
17 Check System Improvement Fund.
18 (g) A nonrefundable application fee of $33 shall be payable
19for each original or transferred Certificate of Firearm
20Registration submitted to the Department within 90 days after
21the effective date of this amendatory Act of the 98th General
22Assembly. All moneys received from this $33 fee shall be
23deposited as follows:
24 (1) $11 to the Department for the administration of
25 firearm registration;
26 (2) $11 to the Illinois LEADS Information and

SB1709- 36 -LRB098 09759 RLC 39908 b
1 Technology Improvement Fund; and
2 (3) $11 to the National Instant Criminal Background
3 Check System Improvement Fund.
4 (h) A nonrefundable fee of $10 shall be payable for each
5duplicate or replacement Certificate of Firearm Registration.
6All moneys received this $10 fee shall be deposited with the
7Department for the administration of firearm registration.
8 (i) Certificates of Firearm Registration shall expire
9every 5 years. The fee for renewal of a Certificate of Firearm
10Registration is $25. All moneys received from this $25 fee
11shall be deposited with the Department for the administration
12of firearm registration.
13 (j) Every person issued a Certificate of Firearm
14Registration shall notify local law enforcement within 72 hours
15of any of the following events:
16 (1) the destruction of his or her firearm, or when the
17 person knows, or should have known, that his or her firearm
18 is lost, stolen, or otherwise missing;
19 (2) the loss, theft, or destruction of the certificate
20 of firearm registration within 72 hours of the discovery of
21 the loss, theft, or destruction.
22 (j-5) Every person issued a Certificate of Firearm
23Registration shall notify the Department in a manner prescribed
24by the Department within 72 hours of any of the following
25events:
26 (1) a change in any of the information appearing on the

SB1709- 37 -LRB098 09759 RLC 39908 b
1 Certificate of Firearm Registration;
2 (2) the sale, transfer, inheritance, or other
3 disposition of the registered firearm not less than 48
4 hours prior to delivery.
5 (k) Every person issued a Certificate of Firearm
6Registration, in addition to any other requirements of this
7Section, shall immediately return to the Department his or her
8copy of the Certificate of Firearm Registration for any firearm
9which is lost, stolen, destroyed, or otherwise disposed of.
10 (l) If an owner transfers ownership of a firearm, he or she
11shall execute to the transferee, at the time of the delivery of
12the firearm, an assignment of registration in the space
13provided on the Certificate of Firearm Registration, and shall
14cause the certificate and assignment to be delivered to the
15transferee.
16 (l-5) In the case of a federally licensed firearm dealer
17making a sale of a new firearm, the dealer shall submit the
18application described in subsection (c) along with the required
19fee to the Department on the purchaser's behalf within 20 days
20from the date of sale. If the purchaser does not receive an
21original Certificate of Firearm Registration or a written
22denial of the application submitted on his or her behalf by the
23dealer within 50 days from the date of purchase, the purchaser
24shall inquire to the Department regarding the status of his or
25her application.
26 (m) Within 20 days after the delivery to a transferee of a

SB1709- 38 -LRB098 09759 RLC 39908 b
1firearm or the delivery of the certificate and assignment,
2whichever occurs sooner, the transferee shall execute the
3application for a new Certificate of Firearm Registration in
4the space provided on the Certificate and cause the Certificate
5and application to be mailed or delivered to the Department.
6 (n) No transferee shall knowingly accept ownership of a
7firearm from a transferor who has failed to obtain a
8Certificate of Firearm Registration in violation of this
9Section, or who fails to execute an assignment of registration
10to the transferee as required by subsection (l) of this
11Section.
12 (o) Any person who accepts delivery of a firearm that has
13not been previously registered and assigned to the transferee
14shall file an application for an original certificate of
15firearm registration within 20 days after taking possession of
16the firearm. Any person who owns a firearm on the effective
17date of this amendatory Act of the 98th General Assembly shall
18file an application for an original certificate of firearm
19registration not later than 90 days after the effective date of
20this amendatory Act of the 98th General Assembly.
21 (p) Transfer of ownership of a registered firearm shall not
22be considered complete until the transferee has complied with
23subsection (m) of this Section, provided that a transferor who
24has complied with subsections (j) and (l) of this Section, and
25has complied with the requirements of Section 3 and 3.1, if
26applicable, shall not be liable as an owner by virtue of the

SB1709- 39 -LRB098 09759 RLC 39908 b
1transferee's failure to comply with subsection (m) for damages
2arising out of use of the firearm.
3 (q) The Department has authority to deny an application for
4or to revoke and seize a Certificate of Firearm Registration
5previously issued under this Section if the Department finds
6that:
7 (1) the person does not possess a valid Firearm Owner's
8 Identification Card;
9 (2) false or misleading information was submitted to
10 the Department in connection with the application; or
11 (3) the firearm is unlawful for the applicant to own.
12 (r) The Department of State Police and local law
13enforcement may exchange any information that is necessary for
14the proper administration of this Section unless the exchange
15is specifically prohibited by State or federal law.
16 (s) Whenever an application for a certificate of firearm
17registration is denied, whenever the Department fails to act on
18an application within 30 days of its receipt, or whenever a
19certificate is revoked or seized, the aggrieved party may
20appeal to the Director of the Department of State Police for a
21hearing upon the denial, revocation or seizure, unless the
22denial, revocation, or seizure was based upon a forcible
23felony, stalking, aggravated stalking, domestic battery, any
24violation of the Illinois Controlled Substances Act, the
25Methamphetamine Control and Community Protection Act, or the
26Cannabis Control Act that is classified as a Class 2 or greater

SB1709- 40 -LRB098 09759 RLC 39908 b
1felony, any felony violation of Article 24 of 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 aggrieved party may petition the
5circuit court in writing in the county of his or her residence
6for a hearing upon the denial, revocation, or seizure.
7 (1) At least 30 days before any hearing in the circuit
8 court, the petitioner shall serve the relevant State's
9 Attorney with a copy of the petition. The State's Attorney
10 may object to the petition and present evidence. At the
11 hearing the court shall determine whether substantial
12 justice has been done. Should the court determine that
13 substantial justice has not been done, the court shall
14 issue an order directing the Department of State Police to
15 issue a certificate.
16 (2) Any person prohibited from possessing a firearm
17 under Sections 24-1.1 or 24-3.1 of the Criminal Code of
18 2012 or acquiring a Certificate of Firearm Registration
19 under Section 3.4 of the Act may apply to the Director of
20 State Police or petition the circuit court in the county
21 where the petitioner resides, whichever is applicable in
22 accordance with this subsection (s), requesting relief
23 from the prohibition and the Director or court may grant
24 the relief if it is established by the applicant to the
25 court's or Director's satisfaction that:
26 (A) when in the circuit court, the State's Attorney

SB1709- 41 -LRB098 09759 RLC 39908 b
1 has been served with a written copy of the petition at
2 least 30 days before the hearing in the circuit court
3 and at the hearing the State's Attorney was afforded an
4 opportunity to present evidence and object to the
5 petition;
6 (B) the applicant has not been convicted of a
7 forcible felony under the laws of this State or any
8 other jurisdiction within 20 years of the applicant's
9 application for a Firearm Owner's Identification Card,
10 or at least 20 years have passed since the end of any
11 period of imprisonment imposed in relation to that
12 conviction;
13 (C) the circumstances regarding a criminal
14 conviction, where applicable, the applicant's criminal
15 history and his or her reputation are such that the
16 applicant will not be likely to act in a manner
17 dangerous to public safety; and
18 (D) granting relief would not be contrary to the
19 public interest.
20 (3) When a minor is adjudicated delinquent for an
21 offense which if committed by an adult would be a felony,
22 the court shall notify the Department of State Police.
23 (4) The court shall review the denial of an application
24 or the revocation of a Certificate of Firearm Registration
25 of a person who has been adjudicated delinquent for an
26 offense that if committed by an adult would be a felony if

SB1709- 42 -LRB098 09759 RLC 39908 b
1 an application for relief has been filed at least 10 years
2 after the adjudication of delinquency and the court
3 determines that the applicant should be granted relief from
4 disability to obtain a certificate of firearm
5 registration. If the court grants relief, the court shall
6 notify the Department of State Police that the disability
7 has been removed and that the applicant is eligible to
8 obtain a Certificate of Firearm Registration.
9 (5) Any person who is prohibited from possessing a
10 firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
11 federal Gun Control Act of 1968 may apply to the Department
12 of State Police requesting relief from the prohibition and
13 the Director shall grant the relief if it is established to
14 the Director's satisfaction that the person will not be
15 likely to act in a manner dangerous to public safety and
16 granting relief would not be contrary to the public
17 interest.
18 (t) Notwithstanding any other provision of law, including
19the Freedom of Information Act, it is the public policy of this
20State that the names and information of people who have applied
21for or received certificates of firearm registration under this
22Section are considered private and shall not be disclosed. No
23State or local law enforcement agency shall provide the names
24and information of holders of or applicants for Certificates of
25Firearm Registration, except that the Department may provide
26confirmation that an individual has or has not been issued,

SB1709- 43 -LRB098 09759 RLC 39908 b
1applied for, or denied a Certificate of Firearm Registration in
2connection with a criminal investigation.
3 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
4 Sec. 4. (a) Each applicant for a Firearm Owner's
5Identification Card must:
6 (1) Make application on blank forms prepared and
7 furnished at convenient locations throughout the State by
8 the Department of State Police, or by electronic means, if
9 and when made available by the Department of State Police;
10 and
11 (2) Submit evidence to the Department of State Police
12 that:
13 (i) He or she is 21 years of age or over, or if he
14 or she is under 21 years of age that he or she has the
15 written consent of his or her parent or legal guardian
16 to possess and acquire firearms and firearm ammunition
17 and that he or she has never been convicted of a
18 misdemeanor other than a traffic offense or adjudged
19 delinquent, provided, however, that such parent or
20 legal guardian is not an individual prohibited from
21 having a Firearm Owner's Identification Card and files
22 an affidavit with the Department as prescribed by the
23 Department stating that he or she is not an individual
24 prohibited from having a Card;
25 (ii) He or she has not been convicted of a felony

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1 under the laws of this or any other jurisdiction;
2 (iii) He or she is not addicted to narcotics;
3 (iv) He or she has not been a patient in a mental
4 institution within the past 5 years and he or she has
5 not been adjudicated as a mental defective;
6 (v) He or she is not intellectually disabled;
7 (vi) He or she is not an alien who is unlawfully
8 present in the United States under the laws of the
9 United States;
10 (vii) He or she is not subject to an existing order
11 of protection prohibiting him or her from possessing a
12 firearm;
13 (viii) He or she has not been convicted within the
14 past 5 years of battery, assault, aggravated assault,
15 violation of an order of protection, or a substantially
16 similar offense in another jurisdiction, in which a
17 firearm was used or possessed;
18 (ix) He or she has not been convicted of domestic
19 battery, aggravated domestic battery, or a
20 substantially similar offense in another jurisdiction
21 committed before, on or after January 1, 2012 (the
22 effective date of Public Act 97-158). If the applicant
23 knowingly and intelligently waives the right to have an
24 offense described in this clause (ix) tried by a jury,
25 and by guilty plea or otherwise, results in a
26 conviction for an offense in which a domestic

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1 relationship is not a required element of the offense
2 but in which a determination of the applicability of 18
3 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
4 Code of Criminal Procedure of 1963, an entry by the
5 court of a judgment of conviction for that offense
6 shall be grounds for denying the issuance of a Firearm
7 Owner's Identification Card under this Section;
8 (x) (Blank);
9 (xi) He or she is not an alien who has been
10 admitted to the United States under a non-immigrant
11 visa (as that term is defined in Section 101(a)(26) of
12 the Immigration and Nationality Act (8 U.S.C.
13 1101(a)(26))), or that he or she is an alien who has
14 been lawfully admitted to the United States under a
15 non-immigrant visa if that alien is:
16 (1) admitted to the United States for lawful
17 hunting or sporting purposes;
18 (2) an official representative of a foreign
19 government who is:
20 (A) accredited to the United States
21 Government or the Government's mission to an
22 international organization having its
23 headquarters in the United States; or
24 (B) en route to or from another country to
25 which that alien is accredited;
26 (3) an official of a foreign government or

SB1709- 46 -LRB098 09759 RLC 39908 b
1 distinguished foreign visitor who has been so
2 designated by the Department of State;
3 (4) a foreign law enforcement officer of a
4 friendly foreign government entering the United
5 States on official business; or
6 (5) one who has received a waiver from the
7 Attorney General of the United States pursuant to
8 18 U.S.C. 922(y)(3);
9 (xii) He or she is not a minor subject to a
10 petition filed under Section 5-520 of the Juvenile
11 Court Act of 1987 alleging that the minor is a
12 delinquent minor for the commission of an offense that
13 if committed by an adult would be a felony;
14 (xiii) He or she is not an adult who had been
15 adjudicated a delinquent minor under the Juvenile
16 Court Act of 1987 for the commission of an offense that
17 if committed by an adult would be a felony; and
18 (xiv) He or she is a resident of the State of
19 Illinois; and
20 (3) Upon request by the Department of State Police,
21 sign a release on a form prescribed by the Department of
22 State Police waiving any right to confidentiality and
23 requesting the disclosure to the Department of State Police
24 of limited mental health institution admission information
25 from another state, the District of Columbia, any other
26 territory of the United States, or a foreign nation

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1 concerning the applicant for the sole purpose of
2 determining whether the applicant is or was a patient in a
3 mental health institution and disqualified because of that
4 status from receiving a Firearm Owner's Identification
5 Card. No mental health care or treatment records may be
6 requested. The information received shall be destroyed
7 within one year of receipt.
8 (a-5) Each applicant for a Firearm Owner's Identification
9Card who is over the age of 18 shall furnish to the Department
10of State Police either his or her Illinois driver's license
11number or Illinois Identification Card number, except as
12provided in subsection (a-10).
13 (a-10) Each applicant for a Firearm Owner's Identification
14Card, who is employed as a law enforcement officer, an armed
15security officer in Illinois, or by the United States Military
16permanently assigned in Illinois and who is not an Illinois
17resident, shall furnish to the Department of State Police his
18or her driver's license number or state identification card
19number from his or her state of residence. The Department of
20State Police may promulgate rules to enforce the provisions of
21this subsection (a-10).
22 (a-15) If an applicant applying for a Firearm Owner's
23Identification Card moves from the residence address named in
24the application, he or she shall immediately notify in a form
25and manner prescribed by the Department of State Police of that
26change of address.

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1 (a-20) Each applicant for a Firearm Owner's Identification
2Card shall furnish to the Department of State Police his or her
3photograph. An applicant who is 21 years of age or older
4seeking a religious exemption to the photograph requirement
5must furnish with the application an approved copy of United
6States Department of the Treasury Internal Revenue Service Form
74029. In lieu of a photograph, an applicant regardless of age
8seeking a religious exemption to the photograph requirement
9shall submit fingerprints on a form and manner prescribed by
10the Department with his or her application.
11 (b) Each application form shall include the following
12statement printed in bold type: "Warning: Entering false
13information on an application for a Firearm Owner's
14Identification Card is punishable as a Class 2 felony in
15accordance with subsection (d-5) of Section 14 of the Firearm
16Owners Identification Card and Certificate of Firearm
17Registration Act.".
18 (c) Upon such written consent, pursuant to Section 4,
19paragraph (a)(2)(i), the parent or legal guardian giving the
20consent shall be liable for any damages resulting from the
21applicant's use of firearms or firearm ammunition.
22(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
23eff. 7-13-12; 97-1131, eff. 1-1-13.)
24 (430 ILCS 65/6.1)
25 Sec. 6.1. Altered, forged or counterfeit Firearm Owner's

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1Identification Cards.
2 (a) Any person who forges or materially alters a Firearm
3Owner's Identification Card or Certificate of Firearm
4Registration or who counterfeits a Firearm Owner's
5Identification Card or Certificate of Firearm Registration
6commits a Class 2 felony.
7 (b) Any person who knowingly possesses a forged or
8materially altered Firearm Owner's Identification Card or
9Certificate of Firearm Registration with the intent to use it
10commits a Class 2 felony. A person who possesses a Firearm
11Owner's Identification Card or Certificate of Firearm
12Registration with knowledge that it is counterfeit commits a
13Class 2 felony.
14(Source: P.A. 92-414, eff. 1-1-02.)
15 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
16 Sec. 14. Sentence.
17 (a) Except as provided in subsection (a-5), a violation of
18paragraph (1) of subsection (a) of Section 2, when the person's
19Firearm Owner's Identification Card is expired but the person
20is not otherwise disqualified from renewing the card, is a
21Class A misdemeanor.
22 (a-5) A violation of paragraph (1) of subsection (a) of
23Section 2, when the person's Firearm Owner's Identification
24Card is expired but the person is not otherwise disqualified
25from owning, purchasing, or possessing firearms, is a petty

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1offense if the card was expired for 6 months or less from the
2date of expiration.
3 (b) Except as provided in subsection (a) with respect to an
4expired card, a violation of paragraph (1) of subsection (a) of
5Section 2 is a Class A misdemeanor when the person does not
6possess a currently valid Firearm Owner's Identification Card,
7but is otherwise eligible under this Act. A second or
8subsequent violation is a Class 4 felony.
9 (c) A violation of paragraph (1) of subsection (a) of
10Section 2 is a Class 3 felony when:
11 (1) the person's Firearm Owner's Identification Card
12 is revoked or subject to revocation under Section 8; or
13 (2) the person's Firearm Owner's Identification Card
14 is expired and not otherwise eligible for renewal under
15 this Act; or
16 (3) the person does not possess a currently valid
17 Firearm Owner's Identification Card, and the person is not
18 otherwise eligible under this Act.
19 (d) A violation of subsection (a) of Section 3 is a Class 4
20felony. A third or subsequent conviction is a Class 1 felony.
21 (d-5) Any person who knowingly enters false information on
22an application for a Firearm Owner's Identification Card or a
23Certificate of Firearm Registration, who knowingly gives a
24false answer to any question on the application, or who
25knowingly submits false evidence in connection with an
26application is guilty of a Class 2 felony.

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1 (e) Except as provided by Section 6.1 of this Act, any
2other violation of this Act is a Class A misdemeanor.
3(Source: P.A. 97-1131, eff. 1-1-13.)
4 Section 40. The Wildlife Code is amended by changing
5Section 3.2 as follows:
6 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
7 Sec. 3.2. Hunting license; application; instruction.
8Before the Department or any county, city, village, township,
9incorporated town clerk or his duly designated agent or any
10other person authorized or designated by the Department to
11issue hunting licenses shall issue a hunting license to any
12person, the person shall file his application with the
13Department or other party authorized to issue licenses on a
14form provided by the Department and further give definite proof
15of identity and place of legal residence. Each clerk
16designating agents to issue licenses and stamps shall furnish
17the Department, within 10 days following the appointment, the
18names and mailing addresses of the agents. Each clerk or his
19duly designated agent shall be authorized to sell licenses and
20stamps only within the territorial area for which he was
21elected or appointed. No duly designated agent is authorized to
22furnish licenses or stamps for issuance by any other business
23establishment. Each application shall be executed and sworn to
24and shall set forth the name and description of the applicant

SB1709- 52 -LRB098 09759 RLC 39908 b
1and place of residence.
2 No hunting license shall be issued to any person born on or
3after January 1, 1980 unless he presents the person authorized
4to issue the license evidence that he has held a hunting
5license issued by the State of Illinois or another state in a
6prior year, or a certificate of competency as provided in this
7Section. Persons under 16 years of age may be issued a Lifetime
8Hunting or Sportsmen's Combination License as provided under
9Section 20-45 of the Fish and Aquatic Life Code but shall not
10be entitled to hunt unless they have a certificate of
11competency as provided in this Section and they shall have the
12certificate in their possession while hunting.
13 The Department of Natural Resources shall authorize
14personnel of the Department or certified volunteer instructors
15to conduct courses, of not less than 10 hours in length, in
16firearms and hunter safety, which may include training in bow
17and arrow safety, at regularly specified intervals throughout
18the State. Persons successfully completing the course shall
19receive a certificate of competency. The Department of Natural
20Resources may further cooperate with any reputable association
21or organization in establishing courses if the organization has
22as one of its objectives the promotion of safety in the
23handling of firearms or bow and arrow.
24 The Department of Natural Resources shall designate any
25person found by it to be competent to give instruction in the
26handling of firearms, hunter safety, and bow and arrow. The

SB1709- 53 -LRB098 09759 RLC 39908 b
1persons so appointed shall give the course of instruction and
2upon the successful completion shall issue to the person
3instructed a certificate of competency in the safe handling of
4firearms, hunter safety, and bow and arrow. No charge shall be
5made for any course of instruction except for materials or
6ammunition consumed. The Department of Natural Resources shall
7furnish information on the requirements of hunter safety
8education programs to be distributed free of charge to
9applicants for hunting licenses by the persons appointed and
10authorized to issue licenses. Funds for the conducting of
11firearms and hunter safety courses shall be taken from the fee
12charged for the Firearm Owners Identification Card and
13Certificate of Firearm Registration.
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. Nonresidents shall
26be charged $57 for a hunting license.

SB1709- 54 -LRB098 09759 RLC 39908 b
1 Nonresidents may be issued a nonresident hunting license
2for a period not to exceed 10 consecutive days' hunting in the
3State and shall be charged a fee of $35.
4 A special nonresident hunting license authorizing a
5nonresident to take game birds by hunting on a game breeding
6and hunting preserve area only, established under Section 3.27,
7shall be issued upon proper application being made and payment
8of a fee equal to that for a resident hunting license. The
9expiration date of this license shall be on the same date each
10year that game breeding and hunting preserve area licenses
11expire.
12 Each applicant for a State Migratory Waterfowl Stamp,
13regardless of his residence or other condition, shall pay a fee
14of $15 and shall receive a stamp. Except as provided under
15Section 20-45 of the Fish and Aquatic Life Code, the stamp
16shall be signed by the person or affixed to his license or
17permit in a space designated by the Department for that
18purpose.
19 Each applicant for a State Habitat Stamp, regardless of his
20residence or other condition, shall pay a fee of $5 and shall
21receive a stamp. Except as provided under Section 20-45 of the
22Fish and Aquatic Life Code, the stamp shall be signed by the
23person or affixed to his license or permit in a space
24designated by the Department for that purpose.
25 Nothing in this Section shall be construed as to require
26the purchase of more than one State Habitat Stamp by any person

SB1709- 55 -LRB098 09759 RLC 39908 b
1in any one license year.
2 The Department shall furnish the holders of hunting
3licenses and stamps with an insignia as evidence of possession
4of license, or license and stamp, as the Department may
5consider advisable. The insignia shall be exhibited and used as
6the Department may order.
7 All other hunting licenses and all State stamps shall
8expire upon March 31 of each year.
9 Every person holding any license, permit, or stamp issued
10under the provisions of this Act shall have it in his
11possession for immediate presentation for inspection to the
12officers and authorized employees of the Department, any
13sheriff, deputy sheriff, or any other peace officer making a
14demand for it. This provision shall not apply to Department
15owned or managed sites where it is required that all hunters
16deposit their license, permit, or Firearm Owner's
17Identification Card at the check station upon entering the
18hunting areas.
19(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
20 Section 45. The Clerks of Courts Act is amended by changing
21Section 27.3a as follows:
22 (705 ILCS 105/27.3a)
23 Sec. 27.3a. Fees for automated record keeping, probation
24and court services operations, and State and Conservation

SB1709- 56 -LRB098 09759 RLC 39908 b
1Police operations.
2 1. The expense of establishing and maintaining automated
3record keeping systems in the offices of the clerks of the
4circuit court shall be borne by the county. To defray such
5expense in any county having established such an automated
6system or which elects to establish such a system, the county
7board may require the clerk of the circuit court in their
8county to charge and collect a court automation fee of not less
9than $1 nor more than $15 to be charged and collected by the
10clerk of the court. Such fee shall be paid at the time of
11filing the first pleading, paper or other appearance filed by
12each party in all civil cases or by the defendant in any
13felony, traffic, misdemeanor, municipal ordinance, or
14conservation case upon a judgment of guilty or grant of
15supervision, provided that the record keeping system which
16processes the case category for which the fee is charged is
17automated or has been approved for automation by the county
18board, and provided further that no additional fee shall be
19required if more than one party is presented in a single
20pleading, paper or other appearance. Such fee shall be
21collected in the manner in which all other fees or costs are
22collected.
23 1.1. Starting on July 6, 2012 (the effective date of Public
24Act 97-761) and pursuant to an administrative order from the
25chief judge of the circuit or the presiding judge of the county
26authorizing such collection, a clerk of the circuit court in

SB1709- 57 -LRB098 09759 RLC 39908 b
1any county that imposes a fee pursuant to subsection 1 of this
2Section shall also charge and collect an additional $10
3operations fee for probation and court services department
4operations.
5 This additional fee shall be paid by the defendant in any
6felony, traffic, misdemeanor, local ordinance, or conservation
7case upon a judgment of guilty or grant of supervision, except
8such $10 operations fee shall not be charged and collected in
9cases governed by Supreme Court Rule 529 in which the bail
10amount is $120 or less.
11 1.2. With respect to the fee imposed and collected under
12subsection 1.1 of this Section, each clerk shall transfer all
13fees monthly to the county treasurer for deposit into the
14probation and court services fund created under Section 15.1 of
15the Probation and Probation Officers Act, and such monies shall
16be disbursed from the fund only at the direction of the chief
17judge of the circuit or another judge designated by the Chief
18Circuit Judge in accordance with the policies and guidelines
19approved by the Supreme Court.
20 1.5. Starting on the effective date of this amendatory Act
21of the 96th General Assembly, a clerk of the circuit court in
22any county that imposes a fee pursuant to subsection 1 of this
23Section, shall charge and collect an additional fee in an
24amount equal to the amount of the fee imposed pursuant to
25subsection 1 of this Section. This additional fee shall be paid
26by the defendant in any felony, traffic, misdemeanor, or local

SB1709- 58 -LRB098 09759 RLC 39908 b
1ordinance case upon a judgment of guilty or grant of
2supervision. This fee shall not be paid by the defendant for
3any conservation violation listed in subsection 1.6 of this
4Section.
5 1.6. Starting on July 1, 2012 (the effective date of Public
6Act 97-46), a clerk of the circuit court in any county that
7imposes a fee pursuant to subsection 1 of this Section shall
8charge and collect an additional fee in an amount equal to the
9amount of the fee imposed pursuant to subsection 1 of this
10Section. This additional fee shall be paid by the defendant
11upon a judgment of guilty or grant of supervision for a
12conservation violation under the State Parks Act, the
13Recreational Trails of Illinois Act, the Illinois Explosives
14Act, the Timber Buyers Licensing Act, the Forest Products
15Transportation Act, the Firearm Owners Identification Card and
16Certificate of Firearm Registration Act, the Environmental
17Protection Act, the Fish and Aquatic Life Code, the Wildlife
18Code, the Cave Protection Act, the Illinois Exotic Weed Act,
19the Illinois Forestry Development Act, the Ginseng Harvesting
20Act, the Illinois Lake Management Program Act, the Illinois
21Natural Areas Preservation Act, the Illinois Open Land Trust
22Act, the Open Space Lands Acquisition and Development Act, the
23Illinois Prescribed Burning Act, the State Forest Act, the
24Water Use Act of 1983, the Illinois Veteran, Youth, and Young
25Adult Conservation Jobs Act, the Snowmobile Registration and
26Safety Act, the Boat Registration and Safety Act, the Illinois

SB1709- 59 -LRB098 09759 RLC 39908 b
1Dangerous Animals Act, the Hunter and Fishermen Interference
2Prohibition Act, the Wrongful Tree Cutting Act, or Section
311-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,
411-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle
5Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.
6 2. With respect to the fee imposed under subsection 1 of
7this Section, each clerk shall commence such charges and
8collections upon receipt of written notice from the chairman of
9the county board together with a certified copy of the board's
10resolution, which the clerk shall file of record in his office.
11 3. With respect to the fee imposed under subsection 1 of
12this Section, such fees shall be in addition to all other fees
13and charges of such clerks, and assessable as costs, and may be
14waived only if the judge specifically provides for the waiver
15of the court automation fee. The fees shall be remitted monthly
16by such clerk to the county treasurer, to be retained by him in
17a special fund designated as the court automation fund. The
18fund shall be audited by the county auditor, and the board
19shall make expenditure from the fund in payment of any cost
20related to the automation of court records, including hardware,
21software, research and development costs and personnel related
22thereto, provided that the expenditure is approved by the clerk
23of the court and by the chief judge of the circuit court or his
24designate.
25 4. With respect to the fee imposed under subsection 1 of
26this Section, such fees shall not be charged in any matter

SB1709- 60 -LRB098 09759 RLC 39908 b
1coming to any such clerk on change of venue, nor in any
2proceeding to review the decision of any administrative
3officer, agency or body.
4 5. With respect to the additional fee imposed under
5subsection 1.5 of this Section, the fee shall be remitted by
6the circuit clerk to the State Treasurer within one month after
7receipt for deposit into the State Police Operations Assistance
8Fund.
9 6. With respect to the additional fees imposed under
10subsection 1.5 of this Section, the Director of State Police
11may direct the use of these fees for homeland security purposes
12by transferring these fees on a quarterly basis from the State
13Police Operations Assistance Fund into the Illinois Law
14Enforcement Alarm Systems (ILEAS) Fund for homeland security
15initiatives programs. The transferred fees shall be allocated,
16subject to the approval of the ILEAS Executive Board, as
17follows: (i) 66.6% shall be used for homeland security
18initiatives and (ii) 33.3% shall be used for airborne
19operations. The ILEAS Executive Board shall annually supply the
20Director of State Police with a report of the use of these
21fees.
22 7. With respect to the additional fee imposed under
23subsection 1.6 of this Section, the fee shall be remitted by
24the circuit clerk to the State Treasurer within one month after
25receipt for deposit into the Conservation Police Operations
26Assistance Fund.

SB1709- 61 -LRB098 09759 RLC 39908 b
1(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
297-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12;
397-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff.
41-25-13.)
5 Section 50. The Criminal Code of 2012 is amended by
6changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1.1,
724-1.6, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 as follows:
8 (720 ILCS 5/2-7.1)
9 Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm"
10and "firearm ammunition" have the meanings ascribed to them in
11Section 1.1 of the Firearm Owners Identification Card and
12Certificate of Firearm Registration Act.
13(Source: P.A. 91-544, eff. 1-1-00.)
14 (720 ILCS 5/2-7.5)
15 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
16specific Section, "firearm" has the meaning ascribed to it in
17Section 1.1 of the Firearm Owners Identification Card and
18Certificate of Firearm Registration Act.
19(Source: P.A. 95-331, eff. 8-21-07.)
20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
21 Sec. 12-3.05. Aggravated battery.
22 (a) Offense based on injury. A person commits aggravated

SB1709- 62 -LRB098 09759 RLC 39908 b
1battery when, in committing a battery, other than by the
2discharge of a firearm, he or she knowingly does any of the
3following:
4 (1) Causes great bodily harm or permanent disability or
5 disfigurement.
6 (2) Causes severe and permanent disability, great
7 bodily harm, or disfigurement by means of a caustic or
8 flammable substance, a poisonous gas, a deadly biological
9 or chemical contaminant or agent, a radioactive substance,
10 or a bomb or explosive compound.
11 (3) Causes great bodily harm or permanent disability or
12 disfigurement to an individual whom the person knows to be
13 a peace officer, community policing volunteer, fireman,
14 private security officer, correctional institution
15 employee, or Department of Human Services employee
16 supervising or controlling sexually dangerous persons or
17 sexually violent persons:
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 (4) Causes great bodily harm or permanent disability or
24 disfigurement to an individual 60 years of age or older.
25 (5) Strangles another individual.
26 (b) Offense based on injury to a child or intellectually

SB1709- 63 -LRB098 09759 RLC 39908 b
1disabled person. A person who is at least 18 years of age
2commits aggravated battery when, in committing a battery, he or
3she knowingly and without legal justification by any means:
4 (1) causes great bodily harm or permanent disability or
5 disfigurement to any child under the age of 13 years, or to
6 any severely or profoundly intellectually disabled person;
7 or
8 (2) causes bodily harm or disability or disfigurement
9 to any child under the age of 13 years or to any severely
10 or profoundly intellectually disabled person.
11 (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than by
13the discharge of a firearm, he or she is or the person battered
14is on or about a public way, public property, a public place of
15accommodation or amusement, a sports venue, or a domestic
16violence shelter.
17 (d) Offense based on status of victim. A person commits
18aggravated battery when, in committing a battery, other than by
19discharge of a firearm, he or she knows the individual battered
20to be any of the following:
21 (1) A person 60 years of age or older.
22 (2) A person who is pregnant or physically handicapped.
23 (3) A teacher or school employee upon school grounds or
24 grounds adjacent to a school or in any part of a building
25 used for school purposes.
26 (4) A peace officer, community policing volunteer,

SB1709- 64 -LRB098 09759 RLC 39908 b
1 fireman, private security officer, correctional
2 institution employee, or Department of Human Services
3 employee supervising or controlling sexually dangerous
4 persons or sexually violent persons:
5 (i) performing his or her official duties;
6 (ii) battered to prevent performance of his or her
7 official duties; or
8 (iii) battered in retaliation for performing his
9 or her official duties.
10 (5) A judge, emergency management worker, emergency
11 medical technician, or utility worker:
12 (i) performing his or her official duties;
13 (ii) battered to prevent performance of his or her
14 official duties; or
15 (iii) battered in retaliation for performing his
16 or her official duties.
17 (6) An officer or employee of the State of Illinois, a
18 unit of local government, or a school district, while
19 performing his or her official duties.
20 (7) A transit employee performing his or her official
21 duties, or a transit passenger.
22 (8) A taxi driver on duty.
23 (9) A merchant who detains the person for an alleged
24 commission of retail theft under Section 16-26 of this Code
25 and the person without legal justification by any means
26 causes bodily harm to the merchant.

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1 (10) A person authorized to serve process under Section
2 2-202 of the Code of Civil Procedure or a special process
3 server appointed by the circuit court while that individual
4 is in the performance of his or her duties as a process
5 server.
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

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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

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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 the Air Rifle Act.
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

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

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

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

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1 disfigurement, or death to another person, 25 years or up
2 to a term of natural life shall be added to the term of
3 imprisonment imposed by the court.
4 (i) Definitions. For the purposes of this Section:
5 "Building or other structure used to provide shelter" has
6the meaning ascribed to "shelter" in Section 1 of the Domestic
7Violence Shelters Act.
8 "Domestic violence" has the meaning ascribed to it in
9Section 103 of the Illinois Domestic Violence Act of 1986.
10 "Domestic violence shelter" means any building or other
11structure used to provide shelter or other services to victims
12or to the dependent children of victims of domestic violence
13pursuant to the Illinois Domestic Violence Act of 1986 or the
14Domestic Violence Shelters Act, or any place within 500 feet of
15such a building or other structure in the case of a person who
16is going to or from such a building or other structure.
17 "Firearm" has the meaning provided under Section 1.1 of the
18Firearm Owners Identification Card and Certificate of Firearm
19Registration Act, and does not include an air rifle as defined
20by Section 24.8-0.1 of this Code 1 of the Air Rifle Act.
21 "Machine gun" has the meaning ascribed to it in Section
2224-1 of this Code.
23 "Merchant" has the meaning ascribed to it in Section 16-0.1
24of this Code.
25 "Strangle" means intentionally impeding the normal
26breathing or circulation of the blood of an individual by

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1applying pressure on the throat or neck of that individual or
2by blocking the nose or mouth of that individual.
3(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
496-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
51-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
6and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
7 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
8 Sec. 17-30. Defaced, altered, or removed manufacturer or
9owner identification number.
10 (a) Unlawful sale of household appliances. A person commits
11unlawful sale of household appliances when he or she knowingly,
12with the intent to defraud or deceive another, keeps for sale,
13within any commercial context, any household appliance with a
14missing, defaced, obliterated, or otherwise altered
15manufacturer's identification number.
16 (b) Construction equipment identification defacement. A
17person commits construction equipment identification
18defacement when he or she knowingly changes, alters, removes,
19mutilates, or obliterates a permanently affixed serial number,
20product identification number, part number, component
21identification number, owner-applied identification, or other
22mark of identification attached to or stamped, inscribed,
23molded, or etched into a machine or other equipment, whether
24stationary or mobile or self-propelled, or a part of such
25machine or equipment, used in the construction, maintenance, or

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1demolition of buildings, structures, bridges, tunnels, sewers,
2utility pipes or lines, ditches or open cuts, roads, highways,
3dams, airports, or waterways or in material handling for such
4projects.
5 The trier of fact may infer that the defendant has
6knowingly changed, altered, removed, or obliterated the serial
7number, product identification number, part number, component
8identification number, owner-applied identification number, or
9other mark of identification, if the defendant was in
10possession of any machine or other equipment or a part of such
11machine or equipment used in the construction, maintenance, or
12demolition of buildings, structures, bridges, tunnels, sewers,
13utility pipes or lines, ditches or open cuts, roads, highways,
14dams, airports, or waterways or in material handling for such
15projects upon which any such serial number, product
16identification number, part number, component identification
17number, owner-applied identification number, or other mark of
18identification has been changed, altered, removed, or
19obliterated.
20 (c) Defacement of manufacturer's serial number or
21identification mark. A person commits defacement of a
22manufacturer's serial number or identification mark when he or
23she knowingly removes, alters, defaces, covers, or destroys the
24manufacturer's serial number or any other manufacturer's
25number or distinguishing identification mark upon any machine
26or other article of merchandise, other than a motor vehicle as

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1defined in Section 1-146 of the Illinois Vehicle Code or a
2firearm as defined in the Firearm Owners Identification Card
3and Certificate of Firearm Registration Act, with the intent of
4concealing or destroying the identity of such machine or other
5article of merchandise.
6 (d) Sentence.
7 (1) A violation of subsection (a) of this Section is a
8 Class 4 felony if the value of the appliance or appliances
9 exceeds $1,000 and a Class B misdemeanor if the value of
10 the appliance or appliances is $1,000 or less.
11 (2) A violation of subsection (b) of this Section is a
12 Class A misdemeanor.
13 (3) A violation of subsection (c) of this Section is a
14 Class B misdemeanor.
15 (e) No liability shall be imposed upon any person for the
16unintentional failure to comply with subsection (a).
17 (f) Definitions. In this Section:
18 "Commercial context" means a continuing business
19enterprise conducted for profit by any person whose primary
20business is the wholesale or retail marketing of household
21appliances, or a significant portion of whose business or
22inventory consists of household appliances kept or sold on a
23wholesale or retail basis.
24 "Household appliance" means any gas or electric device or
25machine marketed for use as home entertainment or for
26facilitating or expediting household tasks or chores. The term

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1shall include but not necessarily be limited to refrigerators,
2freezers, ranges, radios, television sets, vacuum cleaners,
3toasters, dishwashers, and other similar household items.
4 "Manufacturer's identification number" means any serial
5number or other similar numerical or alphabetical designation
6imprinted upon or attached to or placed, stamped, or otherwise
7imprinted upon or attached to a household appliance or item by
8the manufacturer for purposes of identifying a particular
9appliance or item individually or by lot number.
10(Source: P.A. 96-1551, eff. 7-1-11.)
11 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
12 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
13Felons or Persons in the Custody of the Department of
14Corrections Facilities.
15 (a) It is unlawful for a person to knowingly possess on or
16about his person or on his land or in his own abode or fixed
17place of business any weapon prohibited under Section 24-1 of
18this Act or any firearm or any firearm ammunition if the person
19has been convicted of a felony under the laws of this State or
20any other jurisdiction. This Section shall not apply if the
21person has been granted relief by the Director of the
22Department of State Police under Section 10 of the Firearm
23Owners Identification Card and Certificate of Firearm
24Registration Act.
25 (b) It is unlawful for any person confined in a penal

SB1709- 76 -LRB098 09759 RLC 39908 b
1institution, which is a facility of the Illinois Department of
2Corrections, to possess any weapon prohibited under Section
324-1 of this Code or any firearm or firearm ammunition,
4regardless of the intent with which he possesses it.
5 (c) It shall be an affirmative defense to a violation of
6subsection (b), that such possession was specifically
7authorized by rule, regulation, or directive of the Illinois
8Department of Corrections or order issued pursuant thereto.
9 (d) The defense of necessity is not available to a person
10who is charged with a violation of subsection (b) of this
11Section.
12 (e) Sentence. Violation of this Section by a person not
13confined in a penal institution shall be a Class 3 felony for
14which the person shall be sentenced to no less than 2 years and
15no more than 10 years and any second or subsequent violation
16shall be a Class 2 felony for which the person shall be
17sentenced to a term of imprisonment of not less than 3 years
18and not more than 14 years. Violation of this Section by a
19person not confined in a penal institution who has been
20convicted of a forcible felony, a felony violation of Article
2124 of this Code or of the Firearm Owners Identification Card
22and Certificate of Firearm Registration Act, stalking or
23aggravated stalking, or a Class 2 or greater felony under the
24Illinois Controlled Substances Act, the Cannabis Control Act,
25or the Methamphetamine Control and Community Protection Act is
26a Class 2 felony for which the person shall be sentenced to not

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1less than 3 years and not more than 14 years. Violation of this
2Section by a person who is on parole or mandatory supervised
3release is a Class 2 felony for which the person shall be
4sentenced to not less than 3 years and not more than 14 years.
5Violation of this Section by a person not confined in a penal
6institution is a Class X felony when the firearm possessed is a
7machine gun. Any person who violates this Section while
8confined in a penal institution, which is a facility of the
9Illinois Department of Corrections, is guilty of a Class 1
10felony, if he possesses any weapon prohibited under Section
1124-1 of this Code regardless of the intent with which he
12possesses it, a Class X felony if he possesses any firearm,
13firearm ammunition or explosive, and a Class X felony for which
14the offender shall be sentenced to not less than 12 years and
15not more than 50 years when the firearm possessed is a machine
16gun. A violation of this Section while wearing or in possession
17of body armor as defined in Section 33F-1 is a Class X felony
18punishable by a term of imprisonment of not less than 10 years
19and not more than 40 years. The possession of each firearm or
20firearm ammunition in violation of this Section constitutes a
21single and separate violation.
22(Source: P.A. 97-237, eff. 1-1-12.)
23 (720 ILCS 5/24-1.6)
24 Sec. 24-1.6. Aggravated unlawful use of a weapon.
25 (a) A person commits the offense of aggravated unlawful use

SB1709- 78 -LRB098 09759 RLC 39908 b
1of a weapon when he or she knowingly:
2 (1) Carries on or about his or her person or in any
3 vehicle or concealed on or about his or her person except
4 when on his or her land or in his or her abode, legal
5 dwelling, or fixed place of business, or on the land or in
6 the legal dwelling of another person as an invitee with
7 that person's permission, any pistol, revolver, stun gun or
8 taser or other firearm; or
9 (2) Carries or possesses on or about his or her person,
10 upon any public street, alley, or other public lands within
11 the corporate limits of a city, village or incorporated
12 town, except when an invitee thereon or therein, for the
13 purpose of the display of such weapon or the lawful
14 commerce in weapons, or except when on his or her own land
15 or in his or her own abode, legal dwelling, or fixed place
16 of business, or on the land or in the legal dwelling of
17 another person as an invitee with that person's permission,
18 any pistol, revolver, stun gun or taser or other firearm;
19 and
20 (3) One of the following factors is present:
21 (A) the firearm possessed was uncased, loaded and
22 immediately accessible at the time of the offense; or
23 (B) the firearm possessed was uncased, unloaded
24 and the ammunition for the weapon was immediately
25 accessible at the time of the offense; or
26 (C) the person possessing the firearm has not been

SB1709- 79 -LRB098 09759 RLC 39908 b
1 issued a currently valid Firearm Owner's
2 Identification Card; or
3 (D) the person possessing the weapon was
4 previously adjudicated a delinquent minor under the
5 Juvenile Court Act of 1987 for an act that if committed
6 by an adult would be a felony; or
7 (E) the person possessing the weapon was engaged in
8 a misdemeanor violation of the Cannabis Control Act, in
9 a misdemeanor violation of the Illinois Controlled
10 Substances Act, or in a misdemeanor violation of the
11 Methamphetamine Control and Community Protection Act;
12 or
13 (F) (blank); or
14 (G) the person possessing the weapon had a order of
15 protection issued against him or her within the
16 previous 2 years; or
17 (H) the person possessing the weapon was engaged in
18 the commission or attempted commission of a
19 misdemeanor involving the use or threat of violence
20 against the person or property of another; or
21 (I) the person possessing the weapon was under 21
22 years of age and in possession of a handgun as defined
23 in Section 24-3, unless the person under 21 is engaged
24 in lawful activities under the Wildlife Code or
25 described in subsection 24-2(b)(1), (b)(3), or
26 24-2(f).

SB1709- 80 -LRB098 09759 RLC 39908 b
1 (b) "Stun gun or taser" as used in this Section has the
2same definition given to it in Section 24-1 of this Code.
3 (c) This Section does not apply to or affect the
4transportation or possession of weapons that:
5 (i) are broken down in a non-functioning state; or
6 (ii) are not immediately accessible; or
7 (iii) are unloaded and enclosed in a case, firearm
8 carrying box, shipping box, or other container by a
9 person who has been issued a currently valid Firearm
10 Owner's Identification Card.
11 (d) Sentence.
12 (1) Aggravated unlawful use of a weapon is a Class 4
13 felony; a second or subsequent offense is a Class 2 felony
14 for which the person shall be sentenced to a term of
15 imprisonment of not less than 3 years and not more than 7
16 years.
17 (2) Except as otherwise provided in paragraphs (3) and
18 (4) of this subsection (d), a first offense of aggravated
19 unlawful use of a weapon committed with a firearm by a
20 person 18 years of age or older where the factors listed in
21 both items (A) and (C) of paragraph (3) of subsection (a)
22 are present is a Class 4 felony, for which the person shall
23 be sentenced to a term of imprisonment of not less than one
24 year and not more than 3 years.
25 (3) Aggravated unlawful use of a weapon by a person who
26 has been previously convicted of a felony in this State or

SB1709- 81 -LRB098 09759 RLC 39908 b
1 another jurisdiction is a Class 2 felony for which the
2 person shall be sentenced to a term of imprisonment of not
3 less than 3 years and not more than 7 years.
4 (4) Aggravated unlawful use of a weapon while wearing
5 or in possession of body armor as defined in Section 33F-1
6 by a person who has not been issued a valid Firearms
7 Owner's Identification Card in accordance with Section 5 of
8 the Firearm Owners Identification Card and Certificate of
9 Firearm Registration Act is a Class X felony.
10 (e) The possession of each firearm in violation of this
11Section constitutes a single and separate violation.
12(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1396-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
14 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
15 Sec. 24-3. Unlawful sale or delivery of firearms.
16 (A) A person commits the offense of unlawful sale or
17delivery of firearms when he or she knowingly does any of the
18following:
19 (a) Sells or gives any firearm of a size which may be
20 concealed upon the person to any person under 18 years of
21 age.
22 (b) Sells or gives any firearm to a person under 21
23 years of age who has been convicted of a misdemeanor other
24 than a traffic offense or adjudged delinquent.
25 (c) Sells or gives any firearm to any narcotic addict.

SB1709- 82 -LRB098 09759 RLC 39908 b
1 (d) Sells or gives any firearm to any person who has
2 been convicted of a felony under the laws of this or any
3 other jurisdiction.
4 (e) Sells or gives any firearm to any person who has
5 been a patient in a mental hospital within the past 5
6 years.
7 (f) Sells or gives any firearms to any person who is
8 intellectually disabled.
9 (g) Delivers any firearm of a size which may be
10 concealed upon the person, incidental to a sale, without
11 withholding delivery of such firearm for at least 72 hours
12 after application for its purchase has been made, or
13 delivers any rifle, shotgun or other long gun, or a stun
14 gun or taser, incidental to a sale, without withholding
15 delivery of such rifle, shotgun or other long gun, or a
16 stun gun or taser for at least 24 hours after application
17 for its purchase has been made. However, this paragraph (g)
18 does not apply to: (1) the sale of a firearm to a law
19 enforcement officer if the seller of the firearm knows that
20 the person to whom he or she is selling the firearm is a
21 law enforcement officer or the sale of a firearm to a
22 person who desires to purchase a firearm for use in
23 promoting the public interest incident to his or her
24 employment as a bank guard, armed truck guard, or other
25 similar employment; (2) a mail order sale of a firearm to a
26 nonresident of Illinois under which the firearm is mailed

SB1709- 83 -LRB098 09759 RLC 39908 b
1 to a point outside the boundaries of Illinois; (3) the sale
2 of a firearm to a nonresident of Illinois while at a
3 firearm showing or display recognized by the Illinois
4 Department of State Police; or (4) the sale of a firearm to
5 a dealer licensed as a federal firearms dealer under
6 Section 923 of the federal Gun Control Act of 1968 (18
7 U.S.C. 923). For purposes of this paragraph (g),
8 "application" means when the buyer and seller reach an
9 agreement to purchase a firearm.
10 (h) While holding any license as a dealer, importer,
11 manufacturer or pawnbroker under the federal Gun Control
12 Act of 1968, manufactures, sells or delivers to any
13 unlicensed person a handgun having a barrel, slide, frame
14 or receiver which is a die casting of zinc alloy or any
15 other nonhomogeneous metal which will melt or deform at a
16 temperature of less than 800 degrees Fahrenheit. For
17 purposes of this paragraph, (1) "firearm" is defined as in
18 the Firearm Owners Identification Card and Certificate of
19 Firearm Registration Act; and (2) "handgun" is defined as a
20 firearm designed to be held and fired by the use of a
21 single hand, and includes a combination of parts from which
22 such a firearm can be assembled.
23 (i) Sells or gives a firearm of any size to any person
24 under 18 years of age who does not possess a valid Firearm
25 Owner's Identification Card.
26 (j) Sells or gives a firearm while engaged in the

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1 business of selling firearms at wholesale or retail without
2 being licensed as a federal firearms dealer under Section
3 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
4 In this paragraph (j):
5 A person "engaged in the business" means a person who
6 devotes time, attention, and labor to engaging in the
7 activity as a regular course of trade or business with the
8 principal objective of livelihood and profit, but does not
9 include a person who makes occasional repairs of firearms
10 or who occasionally fits special barrels, stocks, or
11 trigger mechanisms to firearms.
12 "With the principal objective of livelihood and
13 profit" means that the intent underlying the sale or
14 disposition of firearms is predominantly one of obtaining
15 livelihood and pecuniary gain, as opposed to other intents,
16 such as improving or liquidating a personal firearms
17 collection; however, proof of profit shall not be required
18 as to a person who engages in the regular and repetitive
19 purchase and disposition of firearms for criminal purposes
20 or terrorism.
21 (k) Sells or transfers ownership of a firearm to a
22 person who does not display to the seller or transferor of
23 the firearm a currently valid Firearm Owner's
24 Identification Card that has previously been issued in the
25 transferee's name by the Department of State Police under
26 the provisions of the Firearm Owners Identification Card

SB1709- 85 -LRB098 09759 RLC 39908 b
1 and Certificate of Firearm Registration Act. This
2 paragraph (k) does not apply to the transfer of a firearm
3 to a person who is exempt from the requirement of
4 possessing a Firearm Owner's Identification Card under
5 Section 2 of the Firearm Owners Identification Card and
6 Certificate of Firearm Registration Act. For the purposes
7 of this Section, a currently valid Firearm Owner's
8 Identification Card means (i) a Firearm Owner's
9 Identification Card that has not expired or (ii) if the
10 transferor is licensed as a federal firearms dealer under
11 Section 923 of the federal Gun Control Act of 1968 (18
12 U.S.C. 923), an approval number issued in accordance with
13 Section 3.1 of the Firearm Owners Identification Card and
14 Certificate of Firearm Registration Act shall be proof that
15 the Firearm Owner's Identification Card was valid.
16 (l) Not being entitled to the possession of a firearm,
17 delivers the firearm, knowing it to have been stolen or
18 converted. It may be inferred that a person who possesses a
19 firearm with knowledge that its serial number has been
20 removed or altered has knowledge that the firearm is stolen
21 or converted.
22 (B) Paragraph (h) of subsection (A) does not include
23firearms sold within 6 months after enactment of Public Act
2478-355 (approved August 21, 1973, effective October 1, 1973),
25nor is any firearm legally owned or possessed by any citizen or
26purchased by any citizen within 6 months after the enactment of

SB1709- 86 -LRB098 09759 RLC 39908 b
1Public Act 78-355 subject to confiscation or seizure under the
2provisions of that Public Act. Nothing in Public Act 78-355
3shall be construed to prohibit the gift or trade of any firearm
4if that firearm was legally held or acquired within 6 months
5after the enactment of that Public Act.
6 (C) Sentence.
7 (1) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (c), (e), (f), (g),
9 or (h) of subsection (A) commits a Class 4 felony.
10 (2) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (b) or (i) of
12 subsection (A) commits a Class 3 felony.
13 (3) Any person convicted of unlawful sale or delivery
14 of firearms in violation of paragraph (a) of subsection (A)
15 commits a Class 2 felony.
16 (4) Any person convicted of unlawful sale or delivery
17 of firearms in violation of paragraph (a), (b), or (i) of
18 subsection (A) in any school, on the real property
19 comprising a school, within 1,000 feet of the real property
20 comprising a school, at a school related activity, or on or
21 within 1,000 feet of any conveyance owned, leased, or
22 contracted by a school or school district to transport
23 students to or from school or a school related activity,
24 regardless of the time of day or time of year at which the
25 offense was committed, commits a Class 1 felony. Any person
26 convicted of a second or subsequent violation of unlawful

SB1709- 87 -LRB098 09759 RLC 39908 b
1 sale or delivery of firearms in violation of paragraph (a),
2 (b), or (i) of subsection (A) in any school, on the real
3 property comprising a school, within 1,000 feet of the real
4 property comprising a school, at a school related activity,
5 or on or within 1,000 feet of any conveyance owned, leased,
6 or contracted by a school or school district to transport
7 students to or from school or a school related activity,
8 regardless of the time of day or time of year at which the
9 offense was committed, commits a Class 1 felony for which
10 the sentence shall be a term of imprisonment of no less
11 than 5 years and no more than 15 years.
12 (5) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (a) or (i) of
14 subsection (A) in residential property owned, operated, or
15 managed by a public housing agency or leased by a public
16 housing agency as part of a scattered site or mixed-income
17 development, in a public park, in a courthouse, on
18 residential property owned, operated, or managed by a
19 public housing agency or leased by a public housing agency
20 as part of a scattered site or mixed-income development, on
21 the real property comprising any public park, on the real
22 property comprising any courthouse, or on any public way
23 within 1,000 feet of the real property comprising any
24 public park, courthouse, or residential property owned,
25 operated, or managed by a public housing agency or leased
26 by a public housing agency as part of a scattered site or

SB1709- 88 -LRB098 09759 RLC 39908 b
1 mixed-income development commits a Class 2 felony.
2 (6) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (j) of subsection (A)
4 commits a Class A misdemeanor. A second or subsequent
5 violation is a Class 4 felony.
6 (7) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (k) of subsection (A)
8 commits a Class 4 felony. A third or subsequent conviction
9 for a violation of paragraph (k) of subsection (A) is a
10 Class 1 felony.
11 (8) A person 18 years of age or older convicted of
12 unlawful sale or delivery of firearms in violation of
13 paragraph (a) or (i) of subsection (A), when the firearm
14 that was sold or given to another person under 18 years of
15 age was used in the commission of or attempt to commit a
16 forcible felony, shall be fined or imprisoned, or both, not
17 to exceed the maximum provided for the most serious
18 forcible felony so committed or attempted by the person
19 under 18 years of age who was sold or given the firearm.
20 (9) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (d) of subsection (A)
22 commits a Class 3 felony.
23 (10) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (l) of subsection (A)
25 commits a Class 2 felony if the delivery is of one firearm.
26 Any person convicted of unlawful sale or delivery of

SB1709- 89 -LRB098 09759 RLC 39908 b
1 firearms in violation of paragraph (l) of subsection (A)
2 commits a Class 1 felony if the delivery is of not less
3 than 2 and not more than 5 firearms at the same time or
4 within a one year period. Any person convicted of unlawful
5 sale or delivery of firearms in violation of paragraph (l)
6 of subsection (A) commits a Class X felony for which he or
7 she shall be sentenced to a term of imprisonment of not
8 less than 6 years and not more than 30 years if the
9 delivery is of not less than 6 and not more than 10
10 firearms at the same time or within a 2 year period. Any
11 person convicted of unlawful sale or delivery of firearms
12 in violation of paragraph (l) of subsection (A) commits a
13 Class X felony for which he or she shall be sentenced to a
14 term of imprisonment of not less than 6 years and not more
15 than 40 years if the delivery is of not less than 11 and
16 not more than 20 firearms at the same time or within a 3
17 year period. Any person convicted of unlawful sale or
18 delivery of firearms in violation of paragraph (l) of
19 subsection (A) commits a Class X felony for which he or she
20 shall be sentenced to a term of imprisonment of not less
21 than 6 years and not more than 50 years if the delivery is
22 of not less than 21 and not more than 30 firearms at the
23 same time or within a 4 year period. Any person convicted
24 of unlawful sale or delivery of firearms in violation of
25 paragraph (l) of subsection (A) commits a Class X felony
26 for which he or she shall be sentenced to a term of

SB1709- 90 -LRB098 09759 RLC 39908 b
1 imprisonment of not less than 6 years and not more than 60
2 years if the delivery is of 31 or more firearms at the same
3 time or within a 5 year period.
4 (D) For purposes of this Section:
5 "School" means a public or private elementary or secondary
6school, community college, college, or university.
7 "School related activity" means any sporting, social,
8academic, or other activity for which students' attendance or
9participation is sponsored, organized, or funded in whole or in
10part by a school or school district.
11 (E) A prosecution for a violation of paragraph (k) of
12subsection (A) of this Section may be commenced within 6 years
13after the commission of the offense. A prosecution for a
14violation of this Section other than paragraph (g) of
15subsection (A) of this Section may be commenced within 5 years
16after the commission of the offense defined in the particular
17paragraph.
18(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
19eff. 1-1-12; 97-813, eff. 7-13-12.)
20 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
21 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
22 (a) A person commits the offense of unlawful discharge of
23firearm projectiles when he or she knowingly or recklessly uses
24an armor piercing bullet, dragon's breath shotgun shell, bolo
25shell, or flechette shell in violation of this Section.

SB1709- 91 -LRB098 09759 RLC 39908 b
1 For purposes of this Section:
2 "Armor piercing bullet" means any handgun bullet or handgun
3ammunition with projectiles or projectile cores constructed
4entirely (excluding the presence of traces of other substances)
5from tungsten alloys, steel, iron, brass, bronze, beryllium
6copper or depleted uranium, or fully jacketed bullets larger
7than 22 caliber whose jacket has a weight of more than 25% of
8the total weight of the projectile, and excluding those handgun
9projectiles whose cores are composed of soft materials such as
10lead or lead alloys, zinc or zinc alloys, frangible projectiles
11designed primarily for sporting purposes, and any other
12projectiles or projectile cores that the U. S. Secretary of the
13Treasury finds to be primarily intended to be used for sporting
14purposes or industrial purposes or that otherwise does not
15constitute "armor piercing ammunition" as that term is defined
16by federal law.
17 "Dragon's breath shotgun shell" means any shotgun shell
18that contains exothermic pyrophoric mesh metal as the
19projectile and is designed for the purpose of throwing or
20spewing a flame or fireball to simulate a flame-thrower.
21 "Bolo shell" means any shell that can be fired in a firearm
22and expels as projectiles 2 or more metal balls connected by
23solid metal wire.
24 "Flechette shell" means any shell that can be fired in a
25firearm and expels 2 or more pieces of fin-stabilized solid
26metal wire or 2 or more solid dart-type projectiles.

SB1709- 92 -LRB098 09759 RLC 39908 b
1 (b) A person commits a Class X felony when he or she,
2knowing that a firearm, as defined in Section 1.1 of the
3Firearm Owners Identification Card and Certificate of Firearm
4Registration Act, is loaded with an armor piercing bullet,
5dragon's breath shotgun shell, bolo shell, or flechette shell,
6intentionally or recklessly discharges such firearm and such
7bullet or shell strikes any other person.
8 (c) Any person who possesses, concealed on or about his or
9her person, an armor piercing bullet, dragon's breath shotgun
10shell, bolo shell, or flechette shell and a firearm suitable
11for the discharge thereof is guilty of a Class 2 felony.
12 (d) This Section does not apply to or affect any of the
13following:
14 (1) Peace officers;
15 (2) Wardens, superintendents and keepers of prisons,
16 penitentiaries, jails and other institutions for the
17 detention of persons accused or convicted of an offense;
18 (3) Members of the Armed Services or Reserve Forces of
19 the United States or the Illinois National Guard while in
20 the performance of their official duties;
21 (4) Federal officials required to carry firearms,
22 while engaged in the performance of their official duties;
23 (5) United States Marshals, while engaged in the
24 performance of their official duties.
25(Source: P.A. 92-423, eff. 1-1-02.)

SB1709- 93 -LRB098 09759 RLC 39908 b
1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
2 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
3 (a) It shall be unlawful for any person who holds a license
4to sell at retail any alcoholic liquor issued by the Illinois
5Liquor Control Commission or local liquor control commissioner
6under the Liquor Control Act of 1934 or an agent or employee of
7the licensee to sell or deliver to any other person a firearm
8in or on the real property of the establishment where the
9licensee is licensed to sell alcoholic liquors unless the sale
10or delivery of the firearm is otherwise lawful under this
11Article and under the Firearm Owners Identification Card and
12Certificate of Firearm Registration Act.
13 (b) Sentence. A violation of subsection (a) of this Section
14is a Class 4 felony.
15(Source: P.A. 87-591.)
16 (720 ILCS 5/24-3.5)
17 Sec. 24-3.5. Unlawful purchase of a firearm.
18 (a) For purposes of this Section, "firearms transaction
19record form" means a form:
20 (1) executed by a transferee of a firearm stating: (i)
21 the transferee's name and address (including county or
22 similar political subdivision); (ii) whether the
23 transferee is a citizen of the United States; (iii) the
24 transferee's State of residence; and (iv) the date and
25 place of birth, height, weight, and race of the transferee;

SB1709- 94 -LRB098 09759 RLC 39908 b
1 and
2 (2) on which the transferee certifies that he or she is
3 not prohibited by federal law from transporting or shipping
4 a firearm in interstate or foreign commerce or receiving a
5 firearm that has been shipped or transported in interstate
6 or foreign commerce or possessing a firearm in or affecting
7 commerce.
8 (b) A person commits the offense of unlawful purchase of a
9firearm who knowingly purchases or attempts to purchase a
10firearm with the intent to deliver that firearm to another
11person who is prohibited by federal or State law from
12possessing a firearm.
13 (c) A person commits the offense of unlawful purchase of a
14firearm when he or she, in purchasing or attempting to purchase
15a firearm, intentionally provides false or misleading
16information on a United States Department of the Treasury,
17Bureau of Alcohol, Tobacco and Firearms firearms transaction
18record form.
19 (d) Exemption. It is not a violation of subsection (b) of
20this Section for a person to make a gift or loan of a firearm to
21a person who is not prohibited by federal or State law from
22possessing a firearm if the transfer of the firearm is made in
23accordance with Section 3 of the Firearm Owners Identification
24Card and Certificate of Firearm Registration Act.
25 (e) Sentence.
26 (1) A person who commits the offense of unlawful

SB1709- 95 -LRB098 09759 RLC 39908 b
1 purchase of a firearm:
2 (A) is guilty of a Class 2 felony for purchasing or
3 attempting to purchase one firearm;
4 (B) is guilty of a Class 1 felony for purchasing or
5 attempting to purchase not less than 2 firearms and not
6 more than 5 firearms at the same time or within a one
7 year period;
8 (C) is guilty of a Class X felony for which the
9 offender shall be sentenced to a term of imprisonment
10 of not less than 9 years and not more than 40 years for
11 purchasing or attempting to purchase not less than 6
12 firearms at the same time or within a 2 year period.
13 (2) In addition to any other penalty that may be
14 imposed for a violation of this Section, the court may
15 sentence a person convicted of a violation of subsection
16 (c) of this Section to a fine not to exceed $250,000 for
17 each violation.
18 (f) A prosecution for unlawful purchase of a firearm may be
19commenced within 6 years after the commission of the offense.
20(Source: P.A. 95-882, eff. 1-1-09.)
21 (720 ILCS 5/24-9)
22 Sec. 24-9. Firearms; Child Protection.
23 (a) Except as provided in subsection (c), it is unlawful
24for any person to store or leave, within premises under his or
25her control, a firearm if the person knows or has reason to

SB1709- 96 -LRB098 09759 RLC 39908 b
1believe that a minor under the age of 14 years who does not
2have a Firearm Owners Identification Card is likely to gain
3access to the firearm without the lawful permission of the
4minor's parent, guardian, or person having charge of the minor,
5and the minor causes death or great bodily harm with the
6firearm, unless the firearm is:
7 (1) secured by a device or mechanism, other than the
8 firearm safety, designed to render a firearm temporarily
9 inoperable; or
10 (2) placed in a securely locked box or container; or
11 (3) placed in some other location that a reasonable
12 person would believe to be secure from a minor under the
13 age of 14 years.
14 (b) Sentence. A person who violates this Section is guilty
15of a Class C misdemeanor and shall be fined not less than
16$1,000. A second or subsequent violation of this Section is a
17Class A misdemeanor.
18 (c) Subsection (a) does not apply:
19 (1) if the minor under 14 years of age gains access to
20 a firearm and uses it in a lawful act of self-defense or
21 defense of another; or
22 (2) to any firearm obtained by a minor under the age of
23 14 because of an unlawful entry of the premises by the
24 minor or another person.
25 (d) For the purposes of this Section, "firearm" has the
26meaning ascribed to it in Section 1.1 of the Firearm Owners

SB1709- 97 -LRB098 09759 RLC 39908 b
1Identification Card and Certificate of Firearm Registration
2Act.
3(Source: P.A. 91-18, eff. 1-1-00.)
4 Section 55. The Methamphetamine Control and Community
5Protection Act is amended by changing Section 10 as follows:
6 (720 ILCS 646/10)
7 Sec. 10. Definitions. As used in this Act:
8 "Anhydrous ammonia" has the meaning provided in subsection
9(d) of Section 3 of the Illinois Fertilizer Act of 1961.
10 "Anhydrous ammonia equipment" means all items used to
11store, hold, contain, handle, transfer, transport, or apply
12anhydrous ammonia for lawful purposes.
13 "Booby trap" means any device designed to cause physical
14injury when triggered by an act of a person approaching,
15entering, or moving through a structure, a vehicle, or any
16location where methamphetamine has been manufactured, is being
17manufactured, or is intended to be manufactured.
18 "Deliver" or "delivery" has the meaning provided in
19subsection (h) of Section 102 of the Illinois Controlled
20Substances Act.
21 "Director" means the Director of State Police or the
22Director's designated agents.
23 "Dispose" or "disposal" means to abandon, discharge,
24release, deposit, inject, dump, spill, leak, or place

SB1709- 98 -LRB098 09759 RLC 39908 b
1methamphetamine waste onto or into any land, water, or well of
2any type so that the waste has the potential to enter the
3environment, be emitted into the air, or be discharged into the
4soil or any waters, including groundwater.
5 "Emergency response" means the act of collecting evidence
6from or securing a methamphetamine laboratory site,
7methamphetamine waste site or other methamphetamine-related
8site and cleaning up the site, whether these actions are
9performed by public entities or private contractors paid by
10public entities.
11 "Emergency service provider" means a local, State, or
12federal peace officer, firefighter, emergency medical
13technician-ambulance, emergency medical
14technician-intermediate, emergency medical
15technician-paramedic, ambulance driver, or other medical or
16first aid personnel rendering aid, or any agent or designee of
17the foregoing.
18 "Finished methamphetamine" means methamphetamine in a form
19commonly used for personal consumption.
20 "Firearm" has the meaning provided in Section 1.1 of the
21Firearm Owners Identification Card and Certificate of Firearm
22Registration Act.
23 "Manufacture" means to produce, prepare, compound,
24convert, process, synthesize, concentrate, purify, separate,
25extract, or package any methamphetamine, methamphetamine
26precursor, methamphetamine manufacturing catalyst,

SB1709- 99 -LRB098 09759 RLC 39908 b
1methamphetamine manufacturing reagent, methamphetamine
2manufacturing solvent, or any substance containing any of the
3foregoing.
4 "Methamphetamine" means the chemical methamphetamine (a
5Schedule II controlled substance under the Illinois Controlled
6Substances Act) or any salt, optical isomer, salt of optical
7isomer, or analog thereof, with the exception of
83,4-Methylenedioxymethamphetamine (MDMA) or any other
9scheduled substance with a separate listing under the Illinois
10Controlled Substances Act.
11 "Methamphetamine manufacturing catalyst" means any
12substance that has been used, is being used, or is intended to
13be used to activate, accelerate, extend, or improve a chemical
14reaction involved in the manufacture of methamphetamine.
15 "Methamphetamine manufacturing environment" means a
16structure or vehicle in which:
17 (1) methamphetamine is being or has been manufactured;
18 (2) chemicals that are being used, have been used, or
19 are intended to be used to manufacture methamphetamine are
20 stored;
21 (3) methamphetamine manufacturing materials that have
22 been used to manufacture methamphetamine are stored; or
23 (4) methamphetamine manufacturing waste is stored.
24 "Methamphetamine manufacturing material" means any
25methamphetamine precursor, substance containing any
26methamphetamine precursor, methamphetamine manufacturing

SB1709- 100 -LRB098 09759 RLC 39908 b
1catalyst, substance containing any methamphetamine
2manufacturing catalyst, methamphetamine manufacturing reagent,
3substance containing any methamphetamine manufacturing
4reagent, methamphetamine manufacturing solvent, substance
5containing any methamphetamine manufacturing solvent, or any
6other chemical, substance, ingredient, equipment, apparatus,
7or item that is being used, has been used, or is intended to be
8used in the manufacture of methamphetamine.
9 "Methamphetamine manufacturing reagent" means any
10substance other than a methamphetamine manufacturing catalyst
11that has been used, is being used, or is intended to be used to
12react with and chemically alter any methamphetamine precursor.
13 "Methamphetamine manufacturing solvent" means any
14substance that has been used, is being used, or is intended to
15be used as a medium in which any methamphetamine precursor,
16methamphetamine manufacturing catalyst, methamphetamine
17manufacturing reagent, or any substance containing any of the
18foregoing is dissolved, diluted, or washed during any part of
19the methamphetamine manufacturing process.
20 "Methamphetamine manufacturing waste" means any chemical,
21substance, ingredient, equipment, apparatus, or item that is
22left over from, results from, or is produced by the process of
23manufacturing methamphetamine, other than finished
24methamphetamine.
25 "Methamphetamine precursor" means ephedrine,
26pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

SB1709- 101 -LRB098 09759 RLC 39908 b
1phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
2isomer, or salt of an optical isomer of any of these chemicals.
3 "Multi-unit dwelling" means a unified structure used or
4intended for use as a habitation, home, or residence that
5contains 2 or more condominiums, apartments, hotel rooms, motel
6rooms, or other living units.
7 "Package" means an item marked for retail sale that is not
8designed to be further broken down or subdivided for the
9purpose of retail sale.
10 "Participate" or "participation" in the manufacture of
11methamphetamine means to produce, prepare, compound, convert,
12process, synthesize, concentrate, purify, separate, extract,
13or package any methamphetamine, methamphetamine precursor,
14methamphetamine manufacturing catalyst, methamphetamine
15manufacturing reagent, methamphetamine manufacturing solvent,
16or any substance containing any of the foregoing, or to assist
17in any of these actions, or to attempt to take any of these
18actions, regardless of whether this action or these actions
19result in the production of finished methamphetamine.
20 "Person with a disability" means a person who suffers from
21a permanent physical or mental impairment resulting from
22disease, injury, functional disorder, or congenital condition
23which renders the person incapable of adequately providing for
24his or her own health and personal care.
25 "Procure" means to purchase, steal, gather, or otherwise
26obtain, by legal or illegal means, or to cause another to take

SB1709- 102 -LRB098 09759 RLC 39908 b
1such action.
2 "Second or subsequent offense" means an offense under this
3Act committed by an offender who previously committed an
4offense under this Act, the Illinois Controlled Substances Act,
5the Cannabis Control Act, or another Act of this State, another
6state, or the United States relating to methamphetamine,
7cannabis, or any other controlled substance.
8 "Standard dosage form", as used in relation to any
9methamphetamine precursor, means that the methamphetamine
10precursor is contained in a pill, tablet, capsule, caplet, gel
11cap, or liquid cap that has been manufactured by a lawful
12entity and contains a standard quantity of methamphetamine
13precursor.
14 "Unauthorized container", as used in relation to anhydrous
15ammonia, means any container that is not designed for the
16specific and sole purpose of holding, storing, transporting, or
17applying anhydrous ammonia. "Unauthorized container" includes,
18but is not limited to, any propane tank, fire extinguisher,
19oxygen cylinder, gasoline can, food or beverage cooler, or
20compressed gas cylinder used in dispensing fountain drinks.
21"Unauthorized container" does not encompass anhydrous ammonia
22manufacturing plants, refrigeration systems where anhydrous
23ammonia is used solely as a refrigerant, anhydrous ammonia
24transportation pipelines, anhydrous ammonia tankers, or
25anhydrous ammonia barges.
26(Source: P.A. 97-434, eff. 1-1-12.)

SB1709- 103 -LRB098 09759 RLC 39908 b
1 Section 60. The Unified Code of Corrections is amended by
2changing Sections 5-5-3 and 5-5-3.2 as follows:
3 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
4 Sec. 5-5-3. Disposition.
5 (a) (Blank).
6 (b) (Blank).
7 (c) (1) (Blank).
8 (2) A period of probation, a term of periodic
9 imprisonment or conditional discharge shall not be imposed
10 for the following offenses. The court shall sentence the
11 offender to not less than the minimum term of imprisonment
12 set forth in this Code for the following offenses, and may
13 order a fine or restitution or both in conjunction with
14 such term of imprisonment:
15 (A) First degree murder where the death penalty is
16 not 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
20 Illinois Controlled Substances Act, or a violation of
21 subdivision (c)(1.5) or (c)(2) of Section 401 of that
22 Act which relates to more than 5 grams of a substance
23 containing cocaine, fentanyl, or an analog thereof.
24 (D-5) A violation of subdivision (c)(1) of Section

SB1709- 104 -LRB098 09759 RLC 39908 b
1 401 of the Illinois Controlled Substances Act which
2 relates to 3 or more grams of a substance containing
3 heroin or an 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,
8 including any state or federal conviction for an
9 offense that contained, at the time it was committed,
10 the same elements as an offense now (the date of the
11 offense committed after the prior Class 2 or greater
12 felony) classified as a Class 2 or greater felony,
13 within 10 years of the date on which the offender
14 committed the offense for which he or she is being
15 sentenced, except as otherwise provided in Section
16 40-10 of the Alcoholism and Other Drug Abuse and
17 Dependency Act.
18 (F-5) A violation of Section 24-1, 24-1.1, or
19 24-1.6 of the Criminal Code of 1961 or the Criminal
20 Code of 2012 for which imprisonment is prescribed in
21 those Sections.
22 (G) Residential burglary, except as otherwise
23 provided in Section 40-10 of the Alcoholism and Other
24 Drug Abuse and Dependency Act.
25 (H) Criminal sexual assault.
26 (I) Aggravated battery of a senior citizen as

SB1709- 105 -LRB098 09759 RLC 39908 b
1 described in Section 12-4.6 or subdivision (a)(4) of
2 Section 12-3.05 of the Criminal Code of 1961 or the
3 Criminal Code of 2012.
4 (J) A forcible felony if the offense was related to
5 the activities of an organized gang.
6 Before July 1, 1994, for the purposes of this
7 paragraph, "organized gang" means an association of 5
8 or more persons, with an established hierarchy, that
9 encourages members of the association to perpetrate
10 crimes or provides support to the members of the
11 association who do commit crimes.
12 Beginning July 1, 1994, for the purposes of this
13 paragraph, "organized gang" has the meaning ascribed
14 to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16 (K) Vehicular hijacking.
17 (L) A second or subsequent conviction for the
18 offense of hate crime when the underlying offense upon
19 which the hate crime is based is felony aggravated
20 assault or felony mob action.
21 (M) A second or subsequent conviction for the
22 offense of institutional vandalism if the damage to the
23 property exceeds $300.
24 (N) A Class 3 felony violation of paragraph (1) of
25 subsection (a) of Section 2 of the Firearm Owners
26 Identification Card and Certificate of Firearm

SB1709- 106 -LRB098 09759 RLC 39908 b
1 Registration Act.
2 (O) A violation of Section 12-6.1 or 12-6.5 of the
3 Criminal Code of 1961 or the Criminal Code of 2012.
4 (P) A violation of paragraph (1), (2), (3), (4),
5 (5), or (7) of subsection (a) of Section 11-20.1 of the
6 Criminal Code of 1961 or the Criminal Code of 2012.
7 (Q) A violation of subsection (b) or (b-5) of
8 Section 20-1, Section 20-1.2, or Section 20-1.3 of the
9 Criminal Code of 1961 or the Criminal Code of 2012.
10 (R) A violation of Section 24-3A of the Criminal
11 Code of 1961 or the Criminal Code of 2012.
12 (S) (Blank).
13 (T) A second or subsequent violation of the
14 Methamphetamine Control and Community Protection Act.
15 (U) A second or subsequent violation of Section
16 6-303 of the Illinois Vehicle Code committed while his
17 or her driver's license, permit, or privilege was
18 revoked because of a violation of Section 9-3 of the
19 Criminal Code of 1961 or the Criminal Code of 2012,
20 relating to the offense of reckless homicide, or a
21 similar provision of a law of another state.
22 (V) A violation of paragraph (4) of subsection (c)
23 of Section 11-20.1B or paragraph (4) of subsection (c)
24 of Section 11-20.3 of the Criminal Code of 1961, or
25 paragraph (6) of subsection (a) of Section 11-20.1 of
26 the Criminal Code of 2012 when the victim is under 13

SB1709- 107 -LRB098 09759 RLC 39908 b
1 years of age and the defendant has previously been
2 convicted under the laws of this State or any other
3 state of the offense of child pornography, aggravated
4 child pornography, aggravated criminal sexual abuse,
5 aggravated criminal sexual assault, predatory criminal
6 sexual assault of a child, or any of the offenses
7 formerly known as rape, deviate sexual assault,
8 indecent liberties with a child, or aggravated
9 indecent liberties with a child where the victim was
10 under the age of 18 years or an offense that is
11 substantially equivalent to those offenses.
12 (W) A violation of Section 24-3.5 of the Criminal
13 Code of 1961 or the Criminal Code of 2012.
14 (X) A violation of subsection (a) of Section 31-1a
15 of the Criminal Code of 1961 or the Criminal Code of
16 2012.
17 (Y) A conviction for unlawful possession of a
18 firearm by a street gang member when the firearm was
19 loaded or contained firearm ammunition.
20 (Z) A Class 1 felony committed while he or she was
21 serving a term of probation or conditional discharge
22 for a felony.
23 (AA) Theft of property exceeding $500,000 and not
24 exceeding $1,000,000 in value.
25 (BB) Laundering of criminally derived property of
26 a value exceeding $500,000.

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1 (CC) Knowingly selling, offering for sale, holding
2 for sale, or using 2,000 or more counterfeit items or
3 counterfeit items having a retail value in the
4 aggregate of $500,000 or more.
5 (DD) A conviction for aggravated assault under
6 paragraph (6) of subsection (c) of Section 12-2 of the
7 Criminal Code of 1961 or the Criminal Code of 2012 if
8 the firearm is aimed toward the person against whom the
9 firearm is being used.
10 (3) (Blank).
11 (4) A minimum term of imprisonment of not less than 10
12 consecutive days or 30 days of community service shall be
13 imposed for a violation of paragraph (c) of Section 6-303
14 of the Illinois Vehicle Code.
15 (4.1) (Blank).
16 (4.2) Except as provided in paragraphs (4.3) and (4.8)
17 of this subsection (c), a minimum of 100 hours of community
18 service shall be imposed for a second violation of Section
19 6-303 of the Illinois Vehicle Code.
20 (4.3) A minimum term of imprisonment of 30 days or 300
21 hours of community service, as determined by the court,
22 shall be imposed for a second violation of subsection (c)
23 of Section 6-303 of the Illinois Vehicle Code.
24 (4.4) Except as provided in paragraphs (4.5), (4.6),
25 and (4.9) of this subsection (c), a minimum term of
26 imprisonment of 30 days or 300 hours of community service,

SB1709- 109 -LRB098 09759 RLC 39908 b
1 as determined by the court, shall be imposed for a third or
2 subsequent violation of Section 6-303 of the Illinois
3 Vehicle Code.
4 (4.5) A minimum term of imprisonment of 30 days shall
5 be imposed for a third violation of subsection (c) of
6 Section 6-303 of the Illinois Vehicle Code.
7 (4.6) Except as provided in paragraph (4.10) of this
8 subsection (c), a minimum term of imprisonment of 180 days
9 shall be imposed for a fourth or subsequent violation of
10 subsection (c) of Section 6-303 of the Illinois Vehicle
11 Code.
12 (4.7) A minimum term of imprisonment of not less than
13 30 consecutive days, or 300 hours of community service,
14 shall be imposed for a violation of subsection (a-5) of
15 Section 6-303 of the Illinois Vehicle Code, as provided in
16 subsection (b-5) of that Section.
17 (4.8) A mandatory prison sentence shall be imposed for
18 a second violation of subsection (a-5) of Section 6-303 of
19 the Illinois Vehicle Code, as provided in subsection (c-5)
20 of that Section. The person's driving privileges shall be
21 revoked for a period of not less than 5 years from the date
22 of his or her release from prison.
23 (4.9) A mandatory prison sentence of not less than 4
24 and not more than 15 years shall be imposed for a third
25 violation of subsection (a-5) of Section 6-303 of the
26 Illinois Vehicle Code, as provided in subsection (d-2.5) of

SB1709- 110 -LRB098 09759 RLC 39908 b
1 that Section. The person's driving privileges shall be
2 revoked for the remainder of his or her life.
3 (4.10) A mandatory prison sentence for a Class 1 felony
4 shall be imposed, and the person shall be eligible for an
5 extended term sentence, for a fourth or subsequent
6 violation of subsection (a-5) of Section 6-303 of the
7 Illinois Vehicle Code, as provided in subsection (d-3.5) of
8 that Section. The person's driving privileges shall be
9 revoked for the remainder of his or her life.
10 (5) The court may sentence a corporation or
11 unincorporated association convicted of any offense to:
12 (A) a period of conditional discharge;
13 (B) a fine;
14 (C) make restitution to the victim under Section
15 5-5-6 of this Code.
16 (5.1) In addition to any other penalties imposed, and
17 except as provided in paragraph (5.2) or (5.3), a person
18 convicted of violating subsection (c) of Section 11-907 of
19 the Illinois Vehicle Code shall have his or her driver's
20 license, permit, or privileges suspended for at least 90
21 days but not more than one year, if the violation resulted
22 in damage to the property of another person.
23 (5.2) In addition to any other penalties imposed, and
24 except as provided in paragraph (5.3), a person convicted
25 of violating subsection (c) of Section 11-907 of the
26 Illinois Vehicle Code shall have his or her driver's

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1 license, permit, or privileges suspended for at least 180
2 days but not more than 2 years, if the violation resulted
3 in injury to another person.
4 (5.3) In addition to any other penalties imposed, a
5 person convicted of violating subsection (c) of Section
6 11-907 of the Illinois Vehicle Code shall have his or her
7 driver's license, permit, or privileges suspended for 2
8 years, if the violation resulted in the death of another
9 person.
10 (5.4) In addition to any other penalties imposed, a
11 person convicted of violating Section 3-707 of the Illinois
12 Vehicle Code shall have his or her driver's license,
13 permit, or privileges suspended for 3 months and until he
14 or she has paid a reinstatement fee of $100.
15 (5.5) In addition to any other penalties imposed, a
16 person convicted of violating Section 3-707 of the Illinois
17 Vehicle Code during a period in which his or her driver's
18 license, permit, or privileges were suspended for a
19 previous violation of that Section shall have his or her
20 driver's license, permit, or privileges suspended for an
21 additional 6 months after the expiration of the original
22 3-month suspension and until he or she has paid a
23 reinstatement fee of $100.
24 (6) (Blank).
25 (7) (Blank).
26 (8) (Blank).

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1 (9) A defendant convicted of a second or subsequent
2 offense of ritualized abuse of a child may be sentenced to
3 a term of natural life imprisonment.
4 (10) (Blank).
5 (11) The court shall impose a minimum fine of $1,000
6 for a first offense and $2,000 for a second or subsequent
7 offense upon a person convicted of or placed on supervision
8 for battery when the individual harmed was a sports
9 official or coach at any level of competition and the act
10 causing harm to the sports official or coach occurred
11 within an athletic facility or within the immediate
12 vicinity of the athletic facility at which the sports
13 official or coach was an active participant of the athletic
14 contest held at the athletic facility. For the purposes of
15 this paragraph (11), "sports official" means a person at an
16 athletic contest who enforces the rules of the contest,
17 such as an umpire or referee; "athletic facility" means an
18 indoor or outdoor playing field or recreational area where
19 sports activities are conducted; and "coach" means a person
20 recognized as a coach by the sanctioning authority that
21 conducted the sporting event.
22 (12) A person may not receive a disposition of court
23 supervision for a violation of Section 5-16 of the Boat
24 Registration and Safety Act if that person has previously
25 received a disposition of court supervision for a violation
26 of that Section.

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1 (13) A person convicted of or placed on court
2 supervision for an assault or aggravated assault when the
3 victim and the offender are family or household members as
4 defined in Section 103 of the Illinois Domestic Violence
5 Act of 1986 or convicted of domestic battery or aggravated
6 domestic battery may be required to attend a Partner Abuse
7 Intervention Program under protocols set forth by the
8 Illinois Department of Human Services under such terms and
9 conditions imposed by the court. The costs of such classes
10 shall be paid by the offender.
11 (d) In any case in which a sentence originally imposed is
12vacated, the case shall be remanded to the trial court. The
13trial court shall hold a hearing under Section 5-4-1 of the
14Unified Code of Corrections which may include evidence of the
15defendant's life, moral character and occupation during the
16time since the original sentence was passed. The trial court
17shall then impose sentence upon the defendant. The trial court
18may impose any sentence which could have been imposed at the
19original trial subject to Section 5-5-4 of the Unified Code of
20Corrections. If a sentence is vacated on appeal or on
21collateral attack due to the failure of the trier of fact at
22trial to determine beyond a reasonable doubt the existence of a
23fact (other than a prior conviction) necessary to increase the
24punishment for the offense beyond the statutory maximum
25otherwise applicable, either the defendant may be re-sentenced
26to a term within the range otherwise provided or, if the State

SB1709- 114 -LRB098 09759 RLC 39908 b
1files notice of its intention to again seek the extended
2sentence, the defendant shall be afforded a new trial.
3 (e) In cases where prosecution for aggravated criminal
4sexual abuse under Section 11-1.60 or 12-16 of the Criminal
5Code of 1961 or the Criminal Code of 2012 results in conviction
6of a defendant who was a family member of the victim at the
7time of the commission of the offense, the court shall consider
8the safety and welfare of the victim and may impose a sentence
9of probation only where:
10 (1) the court finds (A) or (B) or both are appropriate:
11 (A) the defendant is willing to undergo a court
12 approved counseling program for a minimum duration of 2
13 years; or
14 (B) the defendant is willing to participate in a
15 court approved plan including but not limited to the
16 defendant's:
17 (i) removal from the household;
18 (ii) restricted contact with the victim;
19 (iii) continued financial support of the
20 family;
21 (iv) restitution for harm done to the victim;
22 and
23 (v) compliance with any other measures that
24 the court may deem appropriate; and
25 (2) the court orders the defendant to pay for the
26 victim's counseling services, to the extent that the court

SB1709- 115 -LRB098 09759 RLC 39908 b
1 finds, after considering the defendant's income and
2 assets, that the defendant is financially capable of paying
3 for such services, if the victim was under 18 years of age
4 at the time the offense was committed and requires
5 counseling as a result of the offense.
6 Probation may be revoked or modified pursuant to Section
75-6-4; except where the court determines at the hearing that
8the defendant violated a condition of his or her probation
9restricting contact with the victim or other family members or
10commits another offense with the victim or other family
11members, the court shall revoke the defendant's probation and
12impose a term of imprisonment.
13 For the purposes of this Section, "family member" and
14"victim" shall have the meanings ascribed to them in Section
1511-0.1 of the Criminal Code of 2012.
16 (f) (Blank).
17 (g) Whenever a defendant is convicted of an offense under
18Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1911-14.3, 11-14.4 except for an offense that involves keeping a
20place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
23Criminal Code of 2012, the defendant shall undergo medical
24testing to determine whether the defendant has any sexually
25transmissible disease, including a test for infection with
26human immunodeficiency virus (HIV) or any other identified

SB1709- 116 -LRB098 09759 RLC 39908 b
1causative agent of acquired immunodeficiency syndrome (AIDS).
2Any such medical test shall be performed only by appropriately
3licensed medical practitioners and may include an analysis of
4any bodily fluids as well as an examination of the defendant's
5person. Except as otherwise provided by law, the results of
6such test shall be kept strictly confidential by all medical
7personnel involved in the testing and must be personally
8delivered in a sealed envelope to the judge of the court in
9which the conviction was entered for the judge's inspection in
10camera. Acting in accordance with the best interests of the
11victim and the public, the judge shall have the discretion to
12determine to whom, if anyone, the results of the testing may be
13revealed. The court shall notify the defendant of the test
14results. The court shall also notify the victim if requested by
15the victim, and if the victim is under the age of 15 and if
16requested by the victim's parents or legal guardian, the court
17shall notify the victim's parents or legal guardian of the test
18results. The court shall provide information on the
19availability of HIV testing and counseling at Department of
20Public Health facilities to all parties to whom the results of
21the testing are revealed and shall direct the State's Attorney
22to provide the information to the victim when possible. A
23State's Attorney may petition the court to obtain the results
24of any HIV test administered under this Section, and the court
25shall grant the disclosure if the State's Attorney shows it is
26relevant in order to prosecute a charge of criminal

SB1709- 117 -LRB098 09759 RLC 39908 b
1transmission of HIV under Section 12-5.01 or 12-16.2 of the
2Criminal Code of 1961 or the Criminal Code of 2012 against the
3defendant. The court shall order that the cost of any such test
4shall be paid by the county and may be taxed as costs against
5the convicted defendant.
6 (g-5) When an inmate is tested for an airborne communicable
7disease, as determined by the Illinois Department of Public
8Health including but not limited to tuberculosis, the results
9of the test shall be personally delivered by the warden or his
10or her designee in a sealed envelope to the judge of the court
11in which the inmate must appear for the judge's inspection in
12camera if requested by the judge. Acting in accordance with the
13best interests of those in the courtroom, the judge shall have
14the discretion to determine what if any precautions need to be
15taken to prevent transmission of the disease in the courtroom.
16 (h) Whenever a defendant is convicted of an offense under
17Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
18defendant shall undergo medical testing to determine whether
19the defendant has been exposed to human immunodeficiency virus
20(HIV) or any other identified causative agent of acquired
21immunodeficiency syndrome (AIDS). Except as otherwise provided
22by law, the results of such test shall be kept strictly
23confidential by all medical personnel involved in the testing
24and must be personally delivered in a sealed envelope to the
25judge of the court in which the conviction was entered for the
26judge's inspection in camera. Acting in accordance with the

SB1709- 118 -LRB098 09759 RLC 39908 b
1best interests of the public, the judge shall have the
2discretion to determine to whom, if anyone, the results of the
3testing may be revealed. The court shall notify the defendant
4of a positive test showing an infection with the human
5immunodeficiency virus (HIV). The court shall provide
6information on the availability of HIV testing and counseling
7at Department of Public Health facilities to all parties to
8whom the results of the testing are revealed and shall direct
9the State's Attorney to provide the information to the victim
10when possible. A State's Attorney may petition the court to
11obtain the results of any HIV test administered under this
12Section, and the court shall grant the disclosure if the
13State's Attorney shows it is relevant in order to prosecute a
14charge of criminal transmission of HIV under Section 12-5.01 or
1512-16.2 of the Criminal Code of 1961 or the Criminal Code of
162012 against the defendant. The court shall order that the cost
17of any such test shall be paid by the county and may be taxed as
18costs against the convicted defendant.
19 (i) All fines and penalties imposed under this Section for
20any violation of Chapters 3, 4, 6, and 11 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, and
22any violation of the Child Passenger Protection Act, or a
23similar provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under Section 27.5
25of the Clerks of Courts Act.
26 (j) In cases when prosecution for any violation of Section

SB1709- 119 -LRB098 09759 RLC 39908 b
111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
6Code of 2012, any violation of the Illinois Controlled
7Substances Act, any violation of the Cannabis Control Act, or
8any violation of the Methamphetamine Control and Community
9Protection Act results in conviction, a disposition of court
10supervision, or an order of probation granted under Section 10
11of the Cannabis Control Act, Section 410 of the Illinois
12Controlled Substance Act, or Section 70 of the Methamphetamine
13Control and Community Protection Act of a defendant, the court
14shall determine whether the defendant is employed by a facility
15or center as defined under the Child Care Act of 1969, a public
16or private elementary or secondary school, or otherwise works
17with children under 18 years of age on a daily basis. When a
18defendant is so employed, the court shall order the Clerk of
19the Court to send a copy of the judgment of conviction or order
20of supervision or probation to the defendant's employer by
21certified mail. If the employer of the defendant is a school,
22the Clerk of the Court shall direct the mailing of a copy of
23the judgment of conviction or order of supervision or probation
24to the appropriate regional superintendent of schools. The
25regional superintendent of schools shall notify the State Board
26of Education of any notification under this subsection.

SB1709- 120 -LRB098 09759 RLC 39908 b
1 (j-5) A defendant at least 17 years of age who is convicted
2of a felony and who has not been previously convicted of a
3misdemeanor or felony and who is sentenced to a term of
4imprisonment in the Illinois Department of Corrections shall as
5a condition of his or her sentence be required by the court to
6attend educational courses designed to prepare the defendant
7for a high school diploma and to work toward a high school
8diploma or to work toward passing the high school level Test of
9General Educational Development (GED) or to work toward
10completing a vocational training program offered by the
11Department of Corrections. If a defendant fails to complete the
12educational training required by his or her sentence during the
13term of incarceration, the Prisoner Review Board shall, as a
14condition of mandatory supervised release, require the
15defendant, at his or her own expense, to pursue a course of
16study toward a high school diploma or passage of the GED test.
17The Prisoner Review Board shall revoke the mandatory supervised
18release of a defendant who wilfully fails to comply with this
19subsection (j-5) upon his or her release from confinement in a
20penal institution while serving a mandatory supervised release
21term; however, the inability of the defendant after making a
22good faith effort to obtain financial aid or pay for the
23educational training shall not be deemed a wilful failure to
24comply. The Prisoner Review Board shall recommit the defendant
25whose mandatory supervised release term has been revoked under
26this subsection (j-5) as provided in Section 3-3-9. This

SB1709- 121 -LRB098 09759 RLC 39908 b
1subsection (j-5) does not apply to a defendant who has a high
2school diploma or has successfully passed the GED test. This
3subsection (j-5) does not apply to a defendant who is
4determined by the court to be developmentally disabled or
5otherwise mentally incapable of completing the educational or
6vocational program.
7 (k) (Blank).
8 (l) (A) Except as provided in paragraph (C) of subsection
9 (l), whenever a defendant, who is an alien as defined by
10 the Immigration and Nationality Act, is convicted of any
11 felony or misdemeanor offense, the court after sentencing
12 the defendant may, upon motion of the State's Attorney,
13 hold sentence in abeyance and remand the defendant to the
14 custody of the Attorney General of the United States or his
15 or her designated agent to be deported when:
16 (1) a final order of deportation has been issued
17 against the defendant pursuant to proceedings under
18 the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of justice.
22 Otherwise, the defendant shall be sentenced as
23 provided in this Chapter V.
24 (B) If the defendant has already been sentenced for a
25 felony or misdemeanor offense, or has been placed on
26 probation under Section 10 of the Cannabis Control Act,

SB1709- 122 -LRB098 09759 RLC 39908 b
1 Section 410 of the Illinois Controlled Substances Act, or
2 Section 70 of the Methamphetamine Control and Community
3 Protection Act, the court may, upon motion of the State's
4 Attorney to suspend the sentence imposed, commit the
5 defendant to the custody of the Attorney General of the
6 United States or his or her designated agent when:
7 (1) a final order of deportation has been issued
8 against the defendant pursuant to proceedings under
9 the Immigration and Nationality Act, and
10 (2) the deportation of the defendant would not
11 deprecate the seriousness of the defendant's conduct
12 and would not be inconsistent with the ends of justice.
13 (C) This subsection (l) does not apply to offenders who
14 are subject to the provisions of paragraph (2) of
15 subsection (a) of Section 3-6-3.
16 (D) Upon motion of the State's Attorney, if a defendant
17 sentenced under this Section returns to the jurisdiction of
18 the United States, the defendant shall be recommitted to
19 the custody of the county from which he or she was
20 sentenced. Thereafter, the defendant shall be brought
21 before the sentencing court, which may impose any sentence
22 that was available under Section 5-5-3 at the time of
23 initial sentencing. In addition, the defendant shall not be
24 eligible for additional sentence credit for good conduct as
25 provided under Section 3-6-3.
26 (m) A person convicted of criminal defacement of property

SB1709- 123 -LRB098 09759 RLC 39908 b
1under Section 21-1.3 of the Criminal Code of 1961 or the
2Criminal Code of 2012, in which the property damage exceeds
3$300 and the property damaged is a school building, shall be
4ordered to perform community service that may include cleanup,
5removal, or painting over the defacement.
6 (n) The court may sentence a person convicted of a
7violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
8subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
9of 1961 or the Criminal Code of 2012 (i) to an impact
10incarceration program if the person is otherwise eligible for
11that program under Section 5-8-1.1, (ii) to community service,
12or (iii) if the person is an addict or alcoholic, as defined in
13the Alcoholism and Other Drug Abuse and Dependency Act, to a
14substance or alcohol abuse program licensed under that Act.
15 (o) Whenever a person is convicted of a sex offense as
16defined in Section 2 of the Sex Offender Registration Act, the
17defendant's driver's license or permit shall be subject to
18renewal on an annual basis in accordance with the provisions of
19license renewal established by the Secretary of State.
20(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
2196-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
221, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
23eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2497-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
258-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
26eff. 1-25-13.)

SB1709- 124 -LRB098 09759 RLC 39908 b
1 (730 ILCS 5/5-5-3.2)
2 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
3Sentencing.
4 (a) The following factors shall be accorded weight in favor
5of imposing a term of imprisonment or may be considered by the
6court as reasons to impose a more severe sentence under Section
75-8-1 or Article 4.5 of Chapter V:
8 (1) the defendant's conduct caused or threatened
9 serious harm;
10 (2) the defendant received compensation for committing
11 the offense;
12 (3) the defendant has a history of prior delinquency or
13 criminal activity;
14 (4) the defendant, by the duties of his office or by
15 his position, was obliged to prevent the particular offense
16 committed or to bring the offenders committing it to
17 justice;
18 (5) the defendant held public office at the time of the
19 offense, and the offense related to the conduct of that
20 office;
21 (6) the defendant utilized his professional reputation
22 or position in the community to commit the offense, or to
23 afford him an easier means of committing it;
24 (7) the sentence is necessary to deter others from
25 committing the same crime;

SB1709- 125 -LRB098 09759 RLC 39908 b
1 (8) the defendant committed the offense against a
2 person 60 years of age or older or such person's property;
3 (9) the defendant committed the offense against a
4 person who is physically handicapped or such person's
5 property;
6 (10) by reason of another individual's actual or
7 perceived race, color, creed, religion, ancestry, gender,
8 sexual orientation, physical or mental disability, or
9 national origin, the defendant committed the offense
10 against (i) the person or property of that individual; (ii)
11 the person or property of a person who has an association
12 with, is married to, or has a friendship with the other
13 individual; or (iii) the person or property of a relative
14 (by blood or marriage) of a person described in clause (i)
15 or (ii). For the purposes of this Section, "sexual
16 orientation" means heterosexuality, homosexuality, or
17 bisexuality;
18 (11) the offense took place in a place of worship or on
19 the grounds of a place of worship, immediately prior to,
20 during or immediately following worship services. For
21 purposes of this subparagraph, "place of worship" shall
22 mean any church, synagogue or other building, structure or
23 place used primarily for religious worship;
24 (12) the defendant was convicted of a felony committed
25 while he was released on bail or his own recognizance
26 pending trial for a prior felony and was convicted of such

SB1709- 126 -LRB098 09759 RLC 39908 b
1 prior felony, or the defendant was convicted of a felony
2 committed while he was serving a period of probation,
3 conditional discharge, or mandatory supervised release
4 under subsection (d) of Section 5-8-1 for a prior felony;
5 (13) the defendant committed or attempted to commit a
6 felony while he was wearing a bulletproof vest. For the
7 purposes of this paragraph (13), a bulletproof vest is any
8 device which is designed for the purpose of protecting the
9 wearer from bullets, shot or other lethal projectiles;
10 (14) the defendant held a position of trust or
11 supervision such as, but not limited to, family member as
12 defined in Section 11-0.1 of the Criminal Code of 2012,
13 teacher, scout leader, baby sitter, or day care worker, in
14 relation to a victim under 18 years of age, and the
15 defendant committed an offense in violation of Section
16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
17 11-14.4 except for an offense that involves keeping a place
18 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
19 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
20 or 12-16 of the Criminal Code of 1961 or the Criminal Code
21 of 2012 against that victim;
22 (15) the defendant committed an offense related to the
23 activities of an organized gang. For the purposes of this
24 factor, "organized gang" has the meaning ascribed to it in
25 Section 10 of the Streetgang Terrorism Omnibus Prevention
26 Act;

SB1709- 127 -LRB098 09759 RLC 39908 b
1 (16) the defendant committed an offense in violation of
2 one of the following Sections while in a school, regardless
3 of the time of day or time of year; on any conveyance
4 owned, leased, or contracted by a school to transport
5 students to or from school or a school related activity; on
6 the real property of a school; or on a public way within
7 1,000 feet of the real property comprising any school:
8 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12 18-2, or 33A-2, or Section 12-3.05 except for subdivision
13 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14 Criminal Code of 2012;
15 (16.5) the defendant committed an offense in violation
16 of one of the following Sections while in a day care
17 center, regardless of the time of day or time of year; on
18 the real property of a day care center, regardless of the
19 time of day or time of year; or on a public way within
20 1,000 feet of the real property comprising any day care
21 center, regardless of the time of day or time of year:
22 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
26 18-2, or 33A-2, or Section 12-3.05 except for subdivision

SB1709- 128 -LRB098 09759 RLC 39908 b
1 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
2 Criminal Code of 2012;
3 (17) the defendant committed the offense by reason of
4 any person's activity as a community policing volunteer or
5 to prevent any person from engaging in activity as a
6 community policing volunteer. For the purpose of this
7 Section, "community policing volunteer" has the meaning
8 ascribed to it in Section 2-3.5 of the Criminal Code of
9 2012;
10 (18) the defendant committed the offense in a nursing
11 home or on the real property comprising a nursing home. For
12 the purposes of this paragraph (18), "nursing home" means a
13 skilled nursing or intermediate long term care facility
14 that is subject to license by the Illinois Department of
15 Public Health under the Nursing Home Care Act, the
16 Specialized Mental Health Rehabilitation Act, or the ID/DD
17 Community Care Act;
18 (19) the defendant was a federally licensed firearm
19 dealer and was previously convicted of a violation of
20 subsection (a) of Section 3 of the Firearm Owners
21 Identification Card and Certificate of Firearm
22 Registration Act and has now committed either a felony
23 violation of the Firearm Owners Identification Card and
24 Certificate of Firearm Registration Act or an act of armed
25 violence while armed with a firearm;
26 (20) the defendant (i) committed the offense of

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1 reckless homicide under Section 9-3 of the Criminal Code of
2 1961 or the Criminal Code of 2012 or the offense of driving
3 under the influence of alcohol, other drug or drugs,
4 intoxicating compound or compounds or any combination
5 thereof under Section 11-501 of the Illinois Vehicle Code
6 or a similar provision of a local ordinance and (ii) was
7 operating a motor vehicle in excess of 20 miles per hour
8 over the posted speed limit as provided in Article VI of
9 Chapter 11 of the Illinois Vehicle Code;
10 (21) the defendant (i) committed the offense of
11 reckless driving or aggravated reckless driving under
12 Section 11-503 of the Illinois Vehicle Code and (ii) was
13 operating a motor vehicle in excess of 20 miles per hour
14 over the posted speed limit as provided in Article VI of
15 Chapter 11 of the Illinois Vehicle Code;
16 (22) the defendant committed the offense against a
17 person that the defendant knew, or reasonably should have
18 known, was a member of the Armed Forces of the United
19 States serving on active duty. For purposes of this clause
20 (22), the term "Armed Forces" means any of the Armed Forces
21 of the United States, including a member of any reserve
22 component thereof or National Guard unit called to active
23 duty;
24 (23) the defendant committed the offense against a
25 person who was elderly, disabled, or infirm by taking
26 advantage of a family or fiduciary relationship with the

SB1709- 130 -LRB098 09759 RLC 39908 b
1 elderly, disabled, or infirm person;
2 (24) the defendant committed any offense under Section
3 11-20.1 of the Criminal Code of 1961 or the Criminal Code
4 of 2012 and possessed 100 or more images;
5 (25) the defendant committed the offense while the
6 defendant or the victim was in a train, bus, or other
7 vehicle used for public transportation;
8 (26) the defendant committed the offense of child
9 pornography or aggravated child pornography, specifically
10 including paragraph (1), (2), (3), (4), (5), or (7) of
11 subsection (a) of Section 11-20.1 of the Criminal Code of
12 1961 or the Criminal Code of 2012 where a child engaged in,
13 solicited for, depicted in, or posed in any act of sexual
14 penetration or bound, fettered, or subject to sadistic,
15 masochistic, or sadomasochistic abuse in a sexual context
16 and specifically including paragraph (1), (2), (3), (4),
17 (5), or (7) of subsection (a) of Section 11-20.1B or
18 Section 11-20.3 of the Criminal Code of 1961 where a child
19 engaged in, solicited for, depicted in, or posed in any act
20 of sexual penetration or bound, fettered, or subject to
21 sadistic, masochistic, or sadomasochistic abuse in a
22 sexual context;
23 (27) the defendant committed the offense of first
24 degree murder, assault, aggravated assault, battery,
25 aggravated battery, robbery, armed robbery, or aggravated
26 robbery against a person who was a veteran and the

SB1709- 131 -LRB098 09759 RLC 39908 b
1 defendant knew, or reasonably should have known, that the
2 person was a veteran performing duties as a representative
3 of a veterans' organization. For the purposes of this
4 paragraph (27), "veteran" means an Illinois resident who
5 has served as a member of the United States Armed Forces, a
6 member of the Illinois National Guard, or a member of the
7 United States Reserve Forces; and "veterans' organization"
8 means an organization comprised of members of which
9 substantially all are individuals who are veterans or
10 spouses, widows, or widowers of veterans, the primary
11 purpose of which is to promote the welfare of its members
12 and to provide assistance to the general public in such a
13 way as to confer a public benefit; or
14 (28) the defendant committed the offense of assault,
15 aggravated assault, battery, aggravated battery, robbery,
16 armed robbery, or aggravated robbery against a person that
17 the defendant knew or reasonably should have known was a
18 letter carrier or postal worker while that person was
19 performing his or her duties delivering mail for the United
20 States Postal Service.
21 For the purposes of this Section:
22 "School" is defined as a public or private elementary or
23secondary school, community college, college, or university.
24 "Day care center" means a public or private State certified
25and licensed day care center as defined in Section 2.09 of the
26Child Care Act of 1969 that displays a sign in plain view

SB1709- 132 -LRB098 09759 RLC 39908 b
1stating that the property is a day care center.
2 "Public transportation" means the transportation or
3conveyance of persons by means available to the general public,
4and includes paratransit services.
5 (b) The following factors, related to all felonies, may be
6considered by the court as reasons to impose an extended term
7sentence under Section 5-8-2 upon any offender:
8 (1) When a defendant is convicted of any felony, after
9 having been previously convicted in Illinois or any other
10 jurisdiction of the same or similar class felony or greater
11 class felony, when such conviction has occurred within 10
12 years after the previous conviction, excluding time spent
13 in custody, and such charges are separately brought and
14 tried and arise out of different series of acts; or
15 (2) When a defendant is convicted of any felony and the
16 court finds that the offense was accompanied by
17 exceptionally brutal or heinous behavior indicative of
18 wanton cruelty; or
19 (3) When a defendant is convicted of any felony
20 committed against:
21 (i) a person under 12 years of age at the time of
22 the offense or such person's property;
23 (ii) a person 60 years of age or older at the time
24 of the offense or such person's property; or
25 (iii) a person physically handicapped at the time
26 of the offense or such person's property; or

SB1709- 133 -LRB098 09759 RLC 39908 b
1 (4) When a defendant is convicted of any felony and the
2 offense involved any of the following types of specific
3 misconduct committed as part of a ceremony, rite,
4 initiation, observance, performance, practice or activity
5 of any actual or ostensible religious, fraternal, or social
6 group:
7 (i) the brutalizing or torturing of humans or
8 animals;
9 (ii) the theft of human corpses;
10 (iii) the kidnapping of humans;
11 (iv) the desecration of any cemetery, religious,
12 fraternal, business, governmental, educational, or
13 other building or property; or
14 (v) ritualized abuse of a child; or
15 (5) When a defendant is convicted of a felony other
16 than conspiracy and the court finds that the felony was
17 committed under an agreement with 2 or more other persons
18 to commit that offense and the defendant, with respect to
19 the other individuals, occupied a position of organizer,
20 supervisor, financier, or any other position of management
21 or leadership, and the court further finds that the felony
22 committed was related to or in furtherance of the criminal
23 activities of an organized gang or was motivated by the
24 defendant's leadership in an organized gang; or
25 (6) When a defendant is convicted of an offense
26 committed while using a firearm with a laser sight attached

SB1709- 134 -LRB098 09759 RLC 39908 b
1 to it. For purposes of this paragraph, "laser sight" has
2 the meaning ascribed to it in Section 26-7 of the Criminal
3 Code of 2012; or
4 (7) When a defendant who was at least 17 years of age
5 at the time of the commission of the offense is convicted
6 of a felony and has been previously adjudicated a
7 delinquent minor under the Juvenile Court Act of 1987 for
8 an act that if committed by an adult would be a Class X or
9 Class 1 felony when the conviction has occurred within 10
10 years after the previous adjudication, excluding time
11 spent in custody; or
12 (8) When a defendant commits any felony and the
13 defendant used, possessed, exercised control over, or
14 otherwise directed an animal to assault a law enforcement
15 officer engaged in the execution of his or her official
16 duties or in furtherance of the criminal activities of an
17 organized gang in which the defendant is engaged.
18 (c) The following factors may be considered by the court as
19reasons to impose an extended term sentence under Section 5-8-2
20(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
21 (1) When a defendant is convicted of first degree
22 murder, after having been previously convicted in Illinois
23 of any offense listed under paragraph (c)(2) of Section
24 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
25 within 10 years after the previous conviction, excluding
26 time spent in custody, and the charges are separately

SB1709- 135 -LRB098 09759 RLC 39908 b
1 brought and tried and arise out of different series of
2 acts.
3 (1.5) When a defendant is convicted of first degree
4 murder, after having been previously convicted of domestic
5 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
6 (720 ILCS 5/12-3.3) committed on the same victim or after
7 having been previously convicted of violation of an order
8 of protection (720 ILCS 5/12-30) in which the same victim
9 was the protected person.
10 (2) When a defendant is convicted of voluntary
11 manslaughter, second degree murder, involuntary
12 manslaughter, or reckless homicide in which the defendant
13 has been convicted of causing the death of more than one
14 individual.
15 (3) When a defendant is convicted of aggravated
16 criminal sexual assault or criminal sexual assault, when
17 there is a finding that aggravated criminal sexual assault
18 or criminal sexual assault was also committed on the same
19 victim by one or more other individuals, and the defendant
20 voluntarily participated in the crime with the knowledge of
21 the participation of the others in the crime, and the
22 commission of the crime was part of a single course of
23 conduct during which there was no substantial change in the
24 nature of the criminal objective.
25 (4) If the victim was under 18 years of age at the time
26 of the commission of the offense, when a defendant is

SB1709- 136 -LRB098 09759 RLC 39908 b
1 convicted of aggravated criminal sexual assault or
2 predatory criminal sexual assault of a child under
3 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
4 of Section 12-14.1 of the Criminal Code of 1961 or the
5 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
6 (5) When a defendant is convicted of a felony violation
7 of Section 24-1 of the Criminal Code of 1961 or the
8 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
9 finding that the defendant is a member of an organized
10 gang.
11 (6) When a defendant was convicted of unlawful use of
12 weapons under Section 24-1 of the Criminal Code of 1961 or
13 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
14 a weapon that is not readily distinguishable as one of the
15 weapons enumerated in Section 24-1 of the Criminal Code of
16 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
17 (7) When a defendant is convicted of an offense
18 involving the illegal manufacture of a controlled
19 substance under Section 401 of the Illinois Controlled
20 Substances Act (720 ILCS 570/401), the illegal manufacture
21 of methamphetamine under Section 25 of the Methamphetamine
22 Control and Community Protection Act (720 ILCS 646/25), or
23 the illegal possession of explosives and an emergency
24 response officer in the performance of his or her duties is
25 killed or injured at the scene of the offense while
26 responding to the emergency caused by the commission of the

SB1709- 137 -LRB098 09759 RLC 39908 b
1 offense. In this paragraph, "emergency" means a situation
2 in which a person's life, health, or safety is in jeopardy;
3 and "emergency response officer" means a peace officer,
4 community policing volunteer, fireman, emergency medical
5 technician-ambulance, emergency medical
6 technician-intermediate, emergency medical
7 technician-paramedic, ambulance driver, other medical
8 assistance or first aid personnel, or hospital emergency
9 room personnel.
10 (d) For the purposes of this Section, "organized gang" has
11the meaning ascribed to it in Section 10 of the Illinois
12Streetgang Terrorism Omnibus Prevention Act.
13 (e) The court may impose an extended term sentence under
14Article 4.5 of Chapter V upon an offender who has been
15convicted of a felony violation of Section 11-1.20, 11-1.30,
1611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1712-16 of the Criminal Code of 1961 or the Criminal Code of 2012
18when the victim of the offense is under 18 years of age at the
19time of the commission of the offense and, during the
20commission of the offense, the victim was under the influence
21of alcohol, regardless of whether or not the alcohol was
22supplied by the offender; and the offender, at the time of the
23commission of the offense, knew or should have known that the
24victim had consumed alcohol.
25(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
26eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;

SB1709- 138 -LRB098 09759 RLC 39908 b
196-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
21-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
3Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
497-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
597-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
61-25-13.)
7 Section 65. The Mental Health and Developmental
8Disabilities Confidentiality Act is amended by changing
9Section 12 as follows:
10 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
11 Sec. 12. (a) If the United States Secret Service or the
12Department of State Police requests information from a mental
13health or developmental disability facility, as defined in
14Section 1-107 and 1-114 of the Mental Health and Developmental
15Disabilities Code, relating to a specific recipient and the
16facility director determines that disclosure of such
17information may be necessary to protect the life of, or to
18prevent the infliction of great bodily harm to, a public
19official, or a person under the protection of the United States
20Secret Service, only the following information may be
21disclosed: the recipient's name, address, and age and the date
22of any admission to or discharge from a facility; and any
23information which would indicate whether or not the recipient
24has a history of violence or presents a danger of violence to

SB1709- 139 -LRB098 09759 RLC 39908 b
1the person under protection. Any information so disclosed shall
2be used for investigative purposes only and shall not be
3publicly disseminated. Any person participating in good faith
4in the disclosure of such information in accordance with this
5provision shall have immunity from any liability, civil,
6criminal or otherwise, if such information is disclosed relying
7upon the representation of an officer of the United States
8Secret Service or the Department of State Police that a person
9is under the protection of the United States Secret Service or
10is a public official.
11 For the purpose of this subsection (a), the term "public
12official" means the Governor, Lieutenant Governor, Attorney
13General, Secretary of State, State Comptroller, State
14Treasurer, member of the General Assembly, member of the United
15States Congress, Judge of the United States as defined in 28
16U.S.C. 451, Justice of the United States as defined in 28
17U.S.C. 451, United States Magistrate Judge as defined in 28
18U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
19Supreme, Appellate, Circuit, or Associate Judge of the State of
20Illinois. The term shall also include the spouse, child or
21children of a public official.
22 (b) The Department of Human Services (acting as successor
23to the Department of Mental Health and Developmental
24Disabilities) and all public or private hospitals and mental
25health facilities are required, as hereafter described in this
26subsection, to furnish the Department of State Police only such

SB1709- 140 -LRB098 09759 RLC 39908 b
1information as may be required for the sole purpose of
2determining whether an individual who may be or may have been a
3patient is disqualified because of that status from receiving
4or retaining a Firearm Owner's Identification Card under
5subsection (e) or (f) of Section 8 of the Firearm Owners
6Identification Card and Certificate of Firearm Registration
7Act or 18 U.S.C. 922(g) and (n). All public or private
8hospitals and mental health facilities shall, in the form and
9manner required by the Department, provide such information as
10shall be necessary for the Department to comply with the
11reporting requirements to the Department of State Police. Such
12information shall be furnished within 7 days after admission to
13a public or private hospital or mental health facility or the
14provision of services to a patient described in clause (2) of
15this subsection (b). Any such information disclosed under this
16subsection shall remain privileged and confidential, and shall
17not be redisclosed, except as required by clause (e)(2) of
18Section 3.1 of the Firearm Owners Identification Card and
19Certificate of Firearm Registration Act, nor utilized for any
20other purpose. The method of requiring the providing of such
21information shall guarantee that no information is released
22beyond what is necessary for this purpose. In addition, the
23information disclosed shall be provided by the Department
24within the time period established by Section 24-3 of the
25Criminal Code of 2012 regarding the delivery of firearms. The
26method used shall be sufficient to provide the necessary

SB1709- 141 -LRB098 09759 RLC 39908 b
1information within the prescribed time period, which may
2include periodically providing lists to the Department of Human
3Services or any public or private hospital or mental health
4facility of Firearm Owner's Identification Card applicants on
5which the Department or hospital shall indicate the identities
6of those individuals who are to its knowledge disqualified from
7having a Firearm Owner's Identification Card for reasons
8described herein. The Department may provide for a centralized
9source of information for the State on this subject under its
10jurisdiction.
11 Any person, institution, or agency, under this Act,
12participating in good faith in the reporting or disclosure of
13records and communications otherwise in accordance with this
14provision or with rules, regulations or guidelines issued by
15the Department shall have immunity from any liability, civil,
16criminal or otherwise, that might result by reason of the
17action. For the purpose of any proceeding, civil or criminal,
18arising out of a report or disclosure in accordance with this
19provision, the good faith of any person, institution, or agency
20so reporting or disclosing shall be presumed. The full extent
21of the immunity provided in this subsection (b) shall apply to
22any person, institution or agency that fails to make a report
23or disclosure in the good faith belief that the report or
24disclosure would violate federal regulations governing the
25confidentiality of alcohol and drug abuse patient records
26implementing 42 U.S.C. 290dd-3 and 290ee-3.

SB1709- 142 -LRB098 09759 RLC 39908 b
1 For purposes of this subsection (b) only, the following
2terms shall have the meaning prescribed:
3 (1) "Hospital" means only that type of institution
4 which is providing full-time residential facilities and
5 treatment.
6 (2) "Patient" shall include only: (i) a person who is
7 an in-patient or resident of any public or private hospital
8 or mental health facility or (ii) a person who is an
9 out-patient or provided services by a public or private
10 hospital or mental health facility whose mental condition
11 is of such a nature that it is manifested by violent,
12 suicidal, threatening, or assaultive behavior or reported
13 behavior, for which there is a reasonable belief by a
14 physician, clinical psychologist, or qualified examiner
15 that the condition poses a clear and present or imminent
16 danger to the patient, any other person or the community
17 meaning the patient's condition poses a clear and present
18 danger in accordance with subsection (f) of Section 8 of
19 the Firearm Owners Identification Card and Certificate of
20 Firearm Registration Act. The terms physician, clinical
21 psychologist, and qualified examiner are defined in
22 Sections 1-120, 1-103, and 1-122 of the Mental Health and
23 Developmental Disabilities Code.
24 (3) "Mental health facility" is defined by Section
25 1-114 of the Mental Health and Developmental Disabilities
26 Code.

SB1709- 143 -LRB098 09759 RLC 39908 b
1 (c) Upon the request of a peace officer who takes a person
2into custody and transports such person to a mental health or
3developmental disability facility pursuant to Section 3-606 or
44-404 of the Mental Health and Developmental Disabilities Code
5or who transports a person from such facility, a facility
6director shall furnish said peace officer the name, address,
7age and name of the nearest relative of the person transported
8to or from the mental health or developmental disability
9facility. In no case shall the facility director disclose to
10the peace officer any information relating to the diagnosis,
11treatment or evaluation of the person's mental or physical
12health.
13 For the purposes of this subsection (c), the terms "mental
14health or developmental disability facility", "peace officer"
15and "facility director" shall have the meanings ascribed to
16them in the Mental Health and Developmental Disabilities Code.
17 (d) Upon the request of a peace officer or prosecuting
18authority who is conducting a bona fide investigation of a
19criminal offense, or attempting to apprehend a fugitive from
20justice, a facility director may disclose whether a person is
21present at the facility. Upon request of a peace officer or
22prosecuting authority who has a valid forcible felony warrant
23issued, a facility director shall disclose: (1) whether the
24person who is the subject of the warrant is present at the
25facility and (2) the date of that person's discharge or future
26discharge from the facility. The requesting peace officer or

SB1709- 144 -LRB098 09759 RLC 39908 b
1prosecuting authority must furnish a case number and the
2purpose of the investigation or an outstanding arrest warrant
3at the time of the request. Any person, institution, or agency
4participating in good faith in disclosing such information in
5accordance with this subsection (d) is immune from any
6liability, civil, criminal or otherwise, that might result by
7reason of the action.
8(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
9 Section 70. The Uniform Disposition of Unclaimed Property
10Act is amended by changing Section 1 as follows:
11 (765 ILCS 1025/1) (from Ch. 141, par. 101)
12 Sec. 1. As used in this Act, unless the context otherwise
13requires:
14 (a) "Banking organization" means any bank, trust company,
15savings bank, industrial bank, land bank, safe deposit company,
16or a private banker.
17 (b) "Business association" means any corporation, joint
18stock company, business trust, partnership, or any
19association, limited liability company, or other business
20entity consisting of one or more persons, whether or not for
21profit.
22 (c) "Financial organization" means any savings and loan
23association, building and loan association, credit union,
24currency exchange, co-operative bank, mutual funds, or

SB1709- 145 -LRB098 09759 RLC 39908 b
1investment company.
2 (d) "Holder" means any person in possession of property
3subject to this Act belonging to another, or who is trustee in
4case of a trust, or is indebted to another on an obligation
5subject to this Act.
6 (e) "Life insurance corporation" means any association or
7corporation transacting the business of insurance on the lives
8of persons or insurance appertaining thereto, including, but
9not by way of limitation, endowments and annuities.
10 (f) "Owner" means a depositor in case of a deposit, a
11beneficiary in case of a trust, a creditor, claimant, or payee
12in case of other property, or any person having a legal or
13equitable interest in property subject to this Act, or his
14legal representative.
15 (g) "Person" means any individual, business association,
16financial organization, government or political subdivision or
17agency, public authority, estate, trust, or any other legal or
18commercial entity.
19 (h) "Utility" means any person who owns or operates, for
20public use, any plant, equipment, property, franchise, or
21license for the transmission of communications or the
22production, storage, transmission, sale, delivery, or
23furnishing of electricity, water, steam, oil or gas.
24 (i) (Blank).
25 (j) "Insurance company" means any person transacting the
26kinds of business enumerated in Section 4 of the Illinois

SB1709- 146 -LRB098 09759 RLC 39908 b
1Insurance Code other than life insurance.
2 (k) "Economic loss", as used in Sections 2a and 9 of this
3Act includes, but is not limited to, delivery charges,
4mark-downs and write-offs, carrying costs, restocking charges,
5lay-aways, special orders, issuance of credit memos, and the
6costs of special services or goods provided that reduce the
7property value or that result in lost sales opportunity.
8 (l) "Reportable property" means property, tangible or
9intangible, presumed abandoned under this Act that must be
10appropriately and timely reported and remitted to the Office of
11the State Treasurer under this Act. Interest, dividends, stock
12splits, warrants, or other rights that become reportable
13property under this Act include the underlying security or
14commodity giving rise to the interest, dividend, split,
15warrant, or other right to which the owner would be entitled.
16 (m) "Firearm" has the meaning ascribed to that term in the
17Firearm Owners Identification Card and Certificate of Firearm
18Registration Act.
19(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
20eff. 6-2-00.)

SB1709- 147 -LRB098 09759 RLC 39908 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-120was 20 ILCS 2605/55a in part
6 20 ILCS 2630/2.2
7 30 ILCS 105/5.826 new
8 30 ILCS 105/5.827 new
9 30 ILCS 105/6z-98 new
10 30 ILCS 105/6z-99 new
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 410 ILCS 45/2from Ch. 111 1/2, par. 1302
15 430 ILCS 65/0.01from Ch. 38, par. 83-0.1
16 430 ILCS 65/1from Ch. 38, par. 83-1
17 430 ILCS 65/1.1from Ch. 38, par. 83-1.1
18 430 ILCS 65/3from Ch. 38, par. 83-3
19 430 ILCS 65/3.1from Ch. 38, par. 83-3.1
20 430 ILCS 65/3.4 new
21 430 ILCS 65/4from Ch. 38, par. 83-4
22 430 ILCS 65/6.1
23 430 ILCS 65/14from Ch. 38, par. 83-14
24 520 ILCS 5/3.2from Ch. 61, par. 3.2
25 705 ILCS 105/27.3a

SB1709- 148 -LRB098 09759 RLC 39908 b