HB4290 Engrossed LRB098 15878 RLC 50923 b
1		AN ACT concerning safety.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Firearm Concealed Carry Act is amended by
5		changing Section 70 as follows:
6		(430 ILCS 66/70)
7		Sec. 70. Violations.
8		(a) A license issued or renewed under this Act shall be
9		revoked if, at any time, the licensee is found to be ineligible
10		for a license under this Act or the licensee no longer meets
11		the eligibility requirements of the Firearm Owners
12		Identification Card Act.
13		(b) A license shall be suspended if an order of protection,
14		including an emergency order of protection, plenary order of
15		protection, or interim order of protection under Article 112A
16		of the Code of Criminal Procedure of 1963 or under the Illinois
17		Domestic Violence Act of 1986, is issued against a licensee for
18		the duration of the order, or if the Department is made aware
19		of a similar order issued against the licensee in any other
20		jurisdiction. If an order of protection is issued against a
21		licensee, the licensee shall surrender the license, as
22		applicable, to the court at the time the order is entered or to
23		the law enforcement agency or entity serving process at the

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1		time the licensee is served the order. The court, law
2		enforcement agency, or entity responsible for serving the order
3		of protection shall notify the Department within 7 days and
4		transmit the license to the Department.
5		(c) A license is invalid upon expiration of the license,
6		unless the licensee has submitted an application to renew the
7		license, and the applicant is otherwise eligible to possess a
8		license under this Act.
9		(d) A licensee shall not carry a concealed firearm while
10		under the influence of alcohol, other drug or drugs,
11		intoxicating compound or combination of compounds, or any
12		combination thereof, under the standards set forth in
13		subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14		A licensee in violation of this subsection (d) shall be
15		guilty of a Class A misdemeanor for a first or second violation
16		and a Class 4 felony for a third violation. The Department may
17		suspend a license for up to 6 months for a second violation and
18		shall permanently revoke a license for a third violation.
19		(e) Except as otherwise provided, a licensee in violation
20		of this Act shall be guilty of a Class B misdemeanor. A second
21		or subsequent violation is a Class A misdemeanor. The
22		Department may suspend a license for up to 6 months for a
23		second violation and shall permanently revoke a license for 3
24		or more violations of Section 65 of this Act. Any person
25		convicted of a violation under this Section shall pay a $150
26		fee to be deposited into the Mental Health Reporting Fund, plus

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1		any applicable court costs or fees.
2		(f) A licensee convicted or found guilty of a violation of
3		this Act who has a valid license and is otherwise eligible to
4		carry a concealed firearm shall only be subject to the
5		penalties under this Section and shall not be subject to the
6		penalties under Section 21-6, paragraph (4), (8), or (10) of
7		subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
8		of paragraph (3) of subsection (a) of Section 24-1.6 of the
9		Criminal Code of 2012. Except as otherwise provided in this
10		subsection, nothing in this subsection prohibits the licensee
11		from being subjected to penalties for violations other than
12		those specified in this Act.
13		(g) A licensee whose license is revoked, suspended, or
14		denied shall, within 48 hours of receiving notice of the
15		revocation, suspension, or denial, surrender his or her
16		concealed carry license to the local law enforcement agency
17		where the person resides. The local law enforcement agency
18		shall provide the licensee a receipt and transmit the concealed
19		carry license to the Department of State Police. If the
20		licensee whose concealed carry license has been revoked,
21		suspended, or denied fails to comply with the requirements of
22		this subsection, the law enforcement agency where the person
23		resides may petition the circuit court to issue a warrant to
24		search for and seize the concealed carry license in the
25		possession and under the custody or control of the licensee
26		whose concealed carry license has been revoked, suspended, or

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1		denied. The observation of a concealed carry license in the
2		possession of a person whose license has been revoked,
3		suspended, or denied constitutes a sufficient basis for the
4		arrest of that person for violation of this subsection. A
5		violation of this subsection is a Class A misdemeanor.
6		(h) A license issued or renewed under this Act shall be
7		revoked if, at any time, the licensee is found ineligible for a
8		Firearm Owner's Identification Card, or the licensee no longer
9		possesses a valid Firearm Owner's Identification Card. A
10		licensee whose license is revoked under this subsection (h)
11		shall surrender his or her concealed carry license as provided
12		for in subsection (g) of this Section.
13		This subsection shall not apply to a person who has filed
14		an application with the State Police for renewal of a Firearm
15		Owner's Identification Card and who is not otherwise ineligible
16		to obtain a Firearm Owner's Identification Card.
17		(i) A certified firearms instructor who knowingly provides
18		or offers to provide a false certification that an applicant
19		has completed firearms training as required under this Act is
20		guilty of a Class A misdemeanor. A person guilty of a violation
21		of this subsection (i) is not eligible for court supervision.
22		The Department shall permanently revoke the firearms
23		instructor certification of a person convicted under this
24		subsection (i).
25		(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)

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1		Section 10. The Unified Code of Corrections is amended by
2		changing Section 5-6-1 as follows:
3		(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
4		Sec. 5-6-1. Sentences of Probation and of Conditional
5		Discharge and Disposition of Supervision. The General Assembly
6		finds that in order to protect the public, the criminal justice
7		system must compel compliance with the conditions of probation
8		by responding to violations with swift, certain and fair
9		punishments and intermediate sanctions. The Chief Judge of each
10		circuit shall adopt a system of structured, intermediate
11		sanctions for violations of the terms and conditions of a
12		sentence of probation, conditional discharge or disposition of
13		supervision.
14		(a) Except where specifically prohibited by other
15		provisions of this Code, the court shall impose a sentence of
16		probation or conditional discharge upon an offender unless,
17		having regard to the nature and circumstance of the offense,
18		and to the history, character and condition of the offender,
19		the court is of the opinion that:
20		(1) his imprisonment or periodic imprisonment is
21		necessary for the protection of the public; or
22		(2) probation or conditional discharge would deprecate
23		the seriousness of the offender's conduct and would be
24		inconsistent with the ends of justice; or
25		(3) a combination of imprisonment with concurrent or

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1		consecutive probation when an offender has been admitted
2		into a drug court program under Section 20 of the Drug
3		Court Treatment Act is necessary for the protection of the
4		public and for the rehabilitation of the offender.
5		The court shall impose as a condition of a sentence of
6		probation, conditional discharge, or supervision, that the
7		probation agency may invoke any sanction from the list of
8		intermediate sanctions adopted by the chief judge of the
9		circuit court for violations of the terms and conditions of the
10		sentence of probation, conditional discharge, or supervision,
11		subject to the provisions of Section 5-6-4 of this Act.
12		(b) The court may impose a sentence of conditional
13		discharge for an offense if the court is of the opinion that
14		neither a sentence of imprisonment nor of periodic imprisonment
15		nor of probation supervision is appropriate.
16		(b-1) Subsections (a) and (b) of this Section do not apply
17		to a defendant charged with a misdemeanor or felony under the
18		Illinois Vehicle Code or reckless homicide under Section 9-3 of
19		the Criminal Code of 1961 or the Criminal Code of 2012 if the
20		defendant within the past 12 months has been convicted of or
21		pleaded guilty to a misdemeanor or felony under the Illinois
22		Vehicle Code or reckless homicide under Section 9-3 of the
23		Criminal Code of 1961 or the Criminal Code of 2012.
24		(c) The court may, upon a plea of guilty or a stipulation
25		by the defendant of the facts supporting the charge or a
26		finding of guilt, defer further proceedings and the imposition

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1		of a sentence, and enter an order for supervision of the
2		defendant, if the defendant is not charged with: (i) a Class A
3		misdemeanor, as defined by the following provisions of the
4		Criminal Code of 1961 or the Criminal Code of 2012: Sections
5		11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
6		31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
7		paragraph (1) through (5), (8), (10), and (11) of subsection
8		(a) of Section 24-1; (ii) a Class A misdemeanor violation of
9		Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
10		Act; or (iii) a felony. If the defendant is not barred from
11		receiving an order for supervision as provided in this
12		subsection, the court may enter an order for supervision after
13		considering the circumstances of the offense, and the history,
14		character and condition of the offender, if the court is of the
15		opinion that:
16		(1) the offender is not likely to commit further
17		crimes;
18		(2) the defendant and the public would be best served
19		if the defendant were not to receive a criminal record; and
20		(3) in the best interests of justice an order of
21		supervision is more appropriate than a sentence otherwise
22		permitted under this Code.
23		(c-5) Subsections (a), (b), and (c) of this Section do not
24		apply to a defendant charged with a second or subsequent
25		violation of Section 6-303 of the Illinois Vehicle Code
26		committed while his or her driver's license, permit or

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1		privileges were revoked because of a violation of Section 9-3
2		of the Criminal Code of 1961 or the Criminal Code of 2012,
3		relating to the offense of reckless homicide, or a similar
4		provision of a law of another state.
5		(d) The provisions of paragraph (c) shall not apply to a
6		defendant charged with violating Section 11-501 of the Illinois
7		Vehicle Code or a similar provision of a local ordinance when
8		the defendant has previously been:
9		(1) convicted for a violation of Section 11-501 of the
10		Illinois Vehicle Code or a similar provision of a local
11		ordinance or any similar law or ordinance of another state;
12		or
13		(2) assigned supervision for a violation of Section
14		11-501 of the Illinois Vehicle Code or a similar provision
15		of a local ordinance or any similar law or ordinance of
16		another state; or
17		(3) pleaded guilty to or stipulated to the facts
18		supporting a charge or a finding of guilty to a violation
19		of Section 11-503 of the Illinois Vehicle Code or a similar
20		provision of a local ordinance or any similar law or
21		ordinance of another state, and the plea or stipulation was
22		the result of a plea agreement.
23		The court shall consider the statement of the prosecuting
24		authority with regard to the standards set forth in this
25		Section.
26		(e) The provisions of paragraph (c) shall not apply to a

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1		defendant charged with violating Section 16-25 or 16A-3 of the
2		Criminal Code of 1961 or the Criminal Code of 2012 if said
3		defendant has within the last 5 years been:
4		(1) convicted for a violation of Section 16-25 or 16A-3
5		of the Criminal Code of 1961 or the Criminal Code of 2012;
6		or
7		(2) assigned supervision for a violation of Section
8		16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
9		Code of 2012.
10		The court shall consider the statement of the prosecuting
11		authority with regard to the standards set forth in this
12		Section.
13		(f) The provisions of paragraph (c) shall not apply to a
14		defendant charged with violating Sections 15-111, 15-112,
15		15-301, paragraph (b) of Section 6-104, Section 11-605, Section
16		11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
17		similar provision of a local ordinance.
18		(g) Except as otherwise provided in paragraph (i) of this
19		Section, the provisions of paragraph (c) shall not apply to a
20		defendant charged with violating Section 3-707, 3-708, 3-710,
21		or 5-401.3 of the Illinois Vehicle Code or a similar provision
22		of a local ordinance if the defendant has within the last 5
23		years been:
24		(1) convicted for a violation of Section 3-707, 3-708,
25		3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
26		provision of a local ordinance; or

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1		(2) assigned supervision for a violation of Section
2		3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
3		Code or a similar provision of a local ordinance.
4		The court shall consider the statement of the prosecuting
5		authority with regard to the standards set forth in this
6		Section.
7		(h) The provisions of paragraph (c) shall not apply to a
8		defendant under the age of 21 years charged with violating a
9		serious traffic offense as defined in Section 1-187.001 of the
10		Illinois Vehicle Code:
11		(1) unless the defendant, upon payment of the fines,
12		penalties, and costs provided by law, agrees to attend and
13		successfully complete a traffic safety program approved by
14		the court under standards set by the Conference of Chief
15		Circuit Judges. The accused shall be responsible for
16		payment of any traffic safety program fees. If the accused
17		fails to file a certificate of successful completion on or
18		before the termination date of the supervision order, the
19		supervision shall be summarily revoked and conviction
20		entered. The provisions of Supreme Court Rule 402 relating
21		to pleas of guilty do not apply in cases when a defendant
22		enters a guilty plea under this provision; or
23		(2) if the defendant has previously been sentenced
24		under the provisions of paragraph (c) on or after January
25		1, 1998 for any serious traffic offense as defined in
26		Section 1-187.001 of the Illinois Vehicle Code.

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1		(h-1) The provisions of paragraph (c) shall not apply to a
2		defendant under the age of 21 years charged with an offense
3		against traffic regulations governing the movement of vehicles
4		or any violation of Section 6-107 or Section 12-603.1 of the
5		Illinois Vehicle Code, unless the defendant, upon payment of
6		the fines, penalties, and costs provided by law, agrees to
7		attend and successfully complete a traffic safety program
8		approved by the court under standards set by the Conference of
9		Chief Circuit Judges. The accused shall be responsible for
10		payment of any traffic safety program fees. If the accused
11		fails to file a certificate of successful completion on or
12		before the termination date of the supervision order, the
13		supervision shall be summarily revoked and conviction entered.
14		The provisions of Supreme Court Rule 402 relating to pleas of
15		guilty do not apply in cases when a defendant enters a guilty
16		plea under this provision.
17		(i) The provisions of paragraph (c) shall not apply to a
18		defendant charged with violating Section 3-707 of the Illinois
19		Vehicle Code or a similar provision of a local ordinance if the
20		defendant has been assigned supervision for a violation of
21		Section 3-707 of the Illinois Vehicle Code or a similar
22		provision of a local ordinance.
23		(j) The provisions of paragraph (c) shall not apply to a
24		defendant charged with violating Section 6-303 of the Illinois
25		Vehicle Code or a similar provision of a local ordinance when
26		the revocation or suspension was for a violation of Section

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1		11-501 or a similar provision of a local ordinance or a
2		violation of Section 11-501.1 or paragraph (b) of Section
3		11-401 of the Illinois Vehicle Code if the defendant has within
4		the last 10 years been:
5		(1) convicted for a violation of Section 6-303 of the
6		Illinois Vehicle Code or a similar provision of a local
7		ordinance; or
8		(2) assigned supervision for a violation of Section
9		6-303 of the Illinois Vehicle Code or a similar provision
10		of a local ordinance.
11		(k) The provisions of paragraph (c) shall not apply to a
12		defendant charged with violating any provision of the Illinois
13		Vehicle Code or a similar provision of a local ordinance that
14		governs the movement of vehicles if, within the 12 months
15		preceding the date of the defendant's arrest, the defendant has
16		been assigned court supervision on 2 occasions for a violation
17		that governs the movement of vehicles under the Illinois
18		Vehicle Code or a similar provision of a local ordinance. The
19		provisions of this paragraph (k) do not apply to a defendant
20		charged with violating Section 11-501 of the Illinois Vehicle
21		Code or a similar provision of a local ordinance.
22		(l) A defendant charged with violating any provision of the
23		Illinois Vehicle Code or a similar provision of a local
24		ordinance who receives a disposition of supervision under
25		subsection (c) shall pay an additional fee of $29, to be
26		collected as provided in Sections 27.5 and 27.6 of the Clerks

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1		of Courts Act. In addition to the $29 fee, the person shall
2		also pay a fee of $6, which, if not waived by the court, shall
3		be collected as provided in Sections 27.5 and 27.6 of the
4		Clerks of Courts Act. The $29 fee shall be disbursed as
5		provided in Section 16-104c of the Illinois Vehicle Code. If
6		the $6 fee is collected, $5.50 of the fee shall be deposited
7		into the Circuit Court Clerk Operation and Administrative Fund
8		created by the Clerk of the Circuit Court and 50 cents of the
9		fee shall be deposited into the Prisoner Review Board Vehicle
10		and Equipment Fund in the State treasury.
11		(m) Any person convicted of, pleading guilty to, or placed
12		on supervision for a serious traffic violation, as defined in
13		Section 1-187.001 of the Illinois Vehicle Code, a violation of
14		Section 11-501 of the Illinois Vehicle Code, or a violation of
15		a similar provision of a local ordinance shall pay an
16		additional fee of $35, to be disbursed as provided in Section
17		16-104d of that Code.
18		This subsection (m) becomes inoperative 7 years after
19		October 13, 2007 (the effective date of Public Act 95-154).
20		(n) The provisions of paragraph (c) shall not apply to any
21		person under the age of 18 who commits an offense against
22		traffic regulations governing the movement of vehicles or any
23		violation of Section 6-107 or Section 12-603.1 of the Illinois
24		Vehicle Code, except upon personal appearance of the defendant
25		in court and upon the written consent of the defendant's parent
26		or legal guardian, executed before the presiding judge. The

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1		presiding judge shall have the authority to waive this
2		requirement upon the showing of good cause by the defendant.
3		(o) The provisions of paragraph (c) shall not apply to a
4		defendant charged with violating Section 6-303 of the Illinois
5		Vehicle Code or a similar provision of a local ordinance when
6		the suspension was for a violation of Section 11-501.1 of the
7		Illinois Vehicle Code and when:
8		(1) at the time of the violation of Section 11-501.1 of
9		the Illinois Vehicle Code, the defendant was a first
10		offender pursuant to Section 11-500 of the Illinois Vehicle
11		Code and the defendant failed to obtain a monitoring device
12		driving permit; or
13		(2) at the time of the violation of Section 11-501.1 of
14		the Illinois Vehicle Code, the defendant was a first
15		offender pursuant to Section 11-500 of the Illinois Vehicle
16		Code, had subsequently obtained a monitoring device
17		driving permit, but was driving a vehicle not equipped with
18		a breath alcohol ignition interlock device as defined in
19		Section 1-129.1 of the Illinois Vehicle Code.
20		(p) The provisions of paragraph (c) shall not apply to a
21		defendant charged with violating Section 11-601.5 of the
22		Illinois Vehicle Code or a similar provision of a local
23		ordinance.
24		(q) The provisions of paragraph (c) shall not apply to a
25		defendant charged with violating subsection (b) of Section
26		11-601 of the Illinois Vehicle Code when the defendant was

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1		operating a vehicle, in an urban district, at a speed in excess
2		of 25 miles per hour over the posted speed limit.
3		(r) The provisions of paragraph (c) shall not apply to a
4		defendant charged with violating any provision of the Illinois
5		Vehicle Code or a similar provision of a local ordinance if the
6		violation was the proximate cause of the death of another and
7		the defendant's driving abstract contains a prior conviction or
8		disposition of court supervision for any violation of the
9		Illinois Vehicle Code, other than an equipment violation, or a
10		suspension, revocation, or cancellation of the driver's
11		license.
12		(s) The provisions of paragraph (c) shall not apply to a
13		defendant charged with violating subsection (i) of Section 70
14		of the Firearm Concealed Carry Act.
15		(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
16		97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
17		1-25-13; 98-169, eff. 1-1-14.)
18		Section 99. Effective date. This Act takes effect upon
19		becoming law.