100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3057
 
Introduced 2/15/2018, by Sen. Chapin Rose
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2019.



LRB100 16603 SLF 31739 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3057LRB100 16603 SLF 31739 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and 
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be exempt 
11from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
17 Records Confidentiality Act.
18  (c) Applications, related documents, and medical 
19 records received by the Experimental Organ Transplantation 
20 Procedures Board and any and all documents or other records 
21 prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
 
 
SB3057- 2 -LRB100 16603 SLF 31739 b


1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a local 
23 emergency energy plan ordinance that is adopted under 
24 Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
SB3057- 3 -LRB100 16603 SLF 31739 b


1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the Capital 
17 Crimes Litigation Act. This subsection (n) shall apply 
18 until the conclusion of the trial of the case, even if the 
19 prosecution chooses not to pursue the death penalty prior 
20 to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
SB3057- 4 -LRB100 16603 SLF 31739 b


1 Regional Transportation Authority under Section 2.11 of 
2 the Regional Transportation Authority Act or the St. Clair 
3 County Transit District under the Bi-State Transit Safety 
4 Act. 
5  (q) Information prohibited from being disclosed by the 
6 Personnel Records Review Act. 
7  (r) Information prohibited from being disclosed by the 
8 Illinois School Student Records Act. 
9  (s) Information the disclosure of which is restricted 
10 under Section 5-108 of the Public Utilities Act. 

11  (t) All identified or deidentified health information 
12 in the form of health data or medical records contained in, 
13 stored in, submitted to, transferred by, or released from 
14 the Illinois Health Information Exchange, and identified 
15 or deidentified health information in the form of health 
16 data and medical records of the Illinois Health Information 
17 Exchange in the possession of the Illinois Health 
18 Information Exchange Authority due to its administration 
19 of the Illinois Health Information Exchange. The terms 
20 "identified" and "deidentified" shall be given the same 
21 meaning as in the Health Insurance Portability and 
22 Accountability Act of 1996, Public Law 104-191, or any 
23 subsequent amendments thereto, and any regulations 
24 promulgated thereunder. 
25  (u) Records and information provided to an independent 
26 team of experts under Brian's Law. 
 
 
SB3057- 5 -LRB100 16603 SLF 31739 b


1  (v) Names and information of people who have applied 
2 for or received Firearm Owner's Identification Cards under 
3 the Firearm Owners Identification Card Act or applied for 
4 or received a concealed carry license under the Firearm 
5 Concealed Carry Act, unless otherwise authorized by the 
6 Firearm Concealed Carry Act; and databases under the 
7 Firearm Concealed Carry Act, records of the Concealed Carry 
8 Licensing Review Board under the Firearm Concealed Carry 
9 Act, and law enforcement agency objections under the 
10 Firearm Concealed Carry Act. 
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of an 
23 eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
SB3057- 6 -LRB100 16603 SLF 31739 b


1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15  (ff) Information that is exempted from disclosure 
16 under the Revised Uniform Unclaimed Property Act. 
17  (gg) (ff) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) (ff) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) (ff) Information which is exempted from 
23 disclosure under Section 2505-800 of the Department of 
24 Revenue Law of the Civil Administrative Code of Illinois. 
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
 
 
SB3057- 7 -LRB100 16603 SLF 31739 b


199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
38-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)

4 (Text of Section after amendment by P.A. 100-517 but before 
5amendment by P.A. 100-512)
6 Sec. 7.5. Statutory exemptions. To the extent provided for 
7by the statutes referenced below, the following shall be exempt 
8from inspection and copying:
9  (a) All information determined to be confidential 
10 under Section 4002 of the Technology Advancement and 
11 Development Act.
12  (b) Library circulation and order records identifying 
13 library users with specific materials under the Library 
14 Records Confidentiality Act.
15  (c) Applications, related documents, and medical 
16 records received by the Experimental Organ Transplantation 
17 Procedures Board and any and all documents or other records 
18 prepared by the Experimental Organ Transplantation 
19 Procedures Board or its staff relating to applications it 
20 has received.
21  (d) Information and records held by the Department of 
22 Public Health and its authorized representatives relating 
23 to known or suspected cases of sexually transmissible 
24 disease or any information the disclosure of which is 
25 restricted under the Illinois Sexually Transmissible 
 
 
SB3057- 8 -LRB100 16603 SLF 31739 b


1 Disease Control Act.
2  (e) Information the disclosure of which is exempted 
3 under Section 30 of the Radon Industry Licensing Act.
4  (f) Firm performance evaluations under Section 55 of 
5 the Architectural, Engineering, and Land Surveying 
6 Qualifications Based Selection Act.
7  (g) Information the disclosure of which is restricted 
8 and exempted under Section 50 of the Illinois Prepaid 
9 Tuition Act.
10  (h) Information the disclosure of which is exempted 
11 under the State Officials and Employees Ethics Act, and 
12 records of any lawfully created State or local inspector 
13 general's office that would be exempt if created or 
14 obtained by an Executive Inspector General's office under 
15 that Act.
16  (i) Information contained in a local emergency energy 
17 plan submitted to a municipality in accordance with a local 
18 emergency energy plan ordinance that is adopted under 
19 Section 11-21.5-5 of the Illinois Municipal Code.
20  (j) Information and data concerning the distribution 
21 of surcharge moneys collected and remitted by carriers 
22 under the Emergency Telephone System Act.
23  (k) Law enforcement officer identification information 
24 or driver identification information compiled by a law 
25 enforcement agency or the Department of Transportation 
26 under Section 11-212 of the Illinois Vehicle Code.
 
 
SB3057- 9 -LRB100 16603 SLF 31739 b


1  (l) Records and information provided to a residential 
2 health care facility resident sexual assault and death 
3 review team or the Executive Council under the Abuse 
4 Prevention Review Team Act.
5  (m) Information provided to the predatory lending 
6 database created pursuant to Article 3 of the Residential 
7 Real Property Disclosure Act, except to the extent 
8 authorized under that Article.
9  (n) Defense budgets and petitions for certification of 
10 compensation and expenses for court appointed trial 
11 counsel as provided under Sections 10 and 15 of the Capital 
12 Crimes Litigation Act. This subsection (n) shall apply 
13 until the conclusion of the trial of the case, even if the 
14 prosecution chooses not to pursue the death penalty prior 
15 to trial or sentencing.
16  (o) Information that is prohibited from being 
17 disclosed under Section 4 of the Illinois Health and 
18 Hazardous Substances Registry Act.
19  (p) Security portions of system safety program plans, 
20 investigation reports, surveys, schedules, lists, data, or 
21 information compiled, collected, or prepared by or for the 
22 Regional Transportation Authority under Section 2.11 of 
23 the Regional Transportation Authority Act or the St. Clair 
24 County Transit District under the Bi-State Transit Safety 
25 Act. 
26  (q) Information prohibited from being disclosed by the 
 
 
SB3057- 10 -LRB100 16603 SLF 31739 b


1 Personnel Records Review Act. 
2  (r) Information prohibited from being disclosed by the 
3 Illinois School Student Records Act. 
4  (s) Information the disclosure of which is restricted 
5 under Section 5-108 of the Public Utilities Act. 

6  (t) All identified or deidentified health information 
7 in the form of health data or medical records contained in, 
8 stored in, submitted to, transferred by, or released from 
9 the Illinois Health Information Exchange, and identified 
10 or deidentified health information in the form of health 
11 data and medical records of the Illinois Health Information 
12 Exchange in the possession of the Illinois Health 
13 Information Exchange Authority due to its administration 
14 of the Illinois Health Information Exchange. The terms 
15 "identified" and "deidentified" shall be given the same 
16 meaning as in the Health Insurance Portability and 
17 Accountability Act of 1996, Public Law 104-191, or any 
18 subsequent amendments thereto, and any regulations 
19 promulgated thereunder. 
20  (u) Records and information provided to an independent 
21 team of experts under Brian's Law. 
22  (v) Names and information of people who have applied 
23 for or received Firearm Owner's Identification Cards under 
24 the Firearm Owners Identification Card Act or applied for 
25 or received a concealed carry license under the Firearm 
26 Concealed Carry Act, unless otherwise authorized by the 
 
 
SB3057- 11 -LRB100 16603 SLF 31739 b


1 Firearm Concealed Carry Act; and databases under the 
2 Firearm Concealed Carry Act, records of the Concealed Carry 
3 Licensing Review Board under the Firearm Concealed Carry 
4 Act, and law enforcement agency objections under the 
5 Firearm Concealed Carry Act. 
6  (w) Personally identifiable information which is 
7 exempted from disclosure under subsection (g) of Section 
8 19.1 of the Toll Highway Act.
9  (x) Information which is exempted from disclosure 
10 under Section 5-1014.3 of the Counties Code or Section 
11 8-11-21 of the Illinois Municipal Code. 
12  (y) Confidential information under the Adult 
13 Protective Services Act and its predecessor enabling 
14 statute, the Elder Abuse and Neglect Act, including 
15 information about the identity and administrative finding 
16 against any caregiver of a verified and substantiated 
17 decision of abuse, neglect, or financial exploitation of an 
18 eligible adult maintained in the Registry established 
19 under Section 7.5 of the Adult Protective Services Act. 
20  (z) Records and information provided to a fatality 
21 review team or the Illinois Fatality Review Team Advisory 
22 Council under Section 15 of the Adult Protective Services 
23 Act. 
24  (aa) Information which is exempted from disclosure 
25 under Section 2.37 of the Wildlife Code. 
26  (bb) Information which is or was prohibited from 
 
 
SB3057- 12 -LRB100 16603 SLF 31739 b


1 disclosure by the Juvenile Court Act of 1987. 
2  (cc) Recordings made under the Law Enforcement 
3 Officer-Worn Body Camera Act, except to the extent 
4 authorized under that Act.
5  (dd) Information that is prohibited from being 
6 disclosed under Section 45 of the Condominium and Common 
7 Interest Community Ombudsperson Act. 
8  (ee) Information that is exempted from disclosure 
9 under Section 30.1 of the Pharmacy Practice Act. 
10  (ff) Information that is exempted from disclosure 
11 under the Revised Uniform Unclaimed Property Act. 
12  (gg) (ff) Information that is prohibited from being 
13 disclosed under Section 7-603.5 of the Illinois Vehicle 
14 Code. 
15  (hh) (ff) Records that are exempt from disclosure under 
16 Section 1A-16.7 of the Election Code. 
17  (ii) (ff) Information which is exempted from 
18 disclosure under Section 2505-800 of the Department of 
19 Revenue Law of the Civil Administrative Code of Illinois. 
20  (jj) (ff) Information and reports that are required to 
21 be submitted to the Department of Labor by registering day 
22 and temporary labor service agencies but are exempt from 
23 disclosure under subsection (a-1) of Section 45 of the Day 
24 and Temporary Labor Services Act. 
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
 
 
SB3057- 13 -LRB100 16603 SLF 31739 b


199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
38-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised 
411-2-17.)

5 (Text of Section after amendment by P.A. 100-512)
6 Sec. 7.5. Statutory exemptions. To the extent provided for 
7by the statutes referenced below, the following shall be exempt 
8from inspection and copying:
9  (a) All information determined to be confidential 
10 under Section 4002 of the Technology Advancement and 
11 Development Act.
12  (b) Library circulation and order records identifying 
13 library users with specific materials under the Library 
14 Records Confidentiality Act.
15  (c) Applications, related documents, and medical 
16 records received by the Experimental Organ Transplantation 
17 Procedures Board and any and all documents or other records 
18 prepared by the Experimental Organ Transplantation 
19 Procedures Board or its staff relating to applications it 
20 has received.
21  (d) Information and records held by the Department of 
22 Public Health and its authorized representatives relating 
23 to known or suspected cases of sexually transmissible 
24 disease or any information the disclosure of which is 
25 restricted under the Illinois Sexually Transmissible 
 
 
SB3057- 14 -LRB100 16603 SLF 31739 b


1 Disease Control Act.
2  (e) Information the disclosure of which is exempted 
3 under Section 30 of the Radon Industry Licensing Act.
4  (f) Firm performance evaluations under Section 55 of 
5 the Architectural, Engineering, and Land Surveying 
6 Qualifications Based Selection Act.
7  (g) Information the disclosure of which is restricted 
8 and exempted under Section 50 of the Illinois Prepaid 
9 Tuition Act.
10  (h) Information the disclosure of which is exempted 
11 under the State Officials and Employees Ethics Act, and 
12 records of any lawfully created State or local inspector 
13 general's office that would be exempt if created or 
14 obtained by an Executive Inspector General's office under 
15 that Act.
16  (i) Information contained in a local emergency energy 
17 plan submitted to a municipality in accordance with a local 
18 emergency energy plan ordinance that is adopted under 
19 Section 11-21.5-5 of the Illinois Municipal Code.
20  (j) Information and data concerning the distribution 
21 of surcharge moneys collected and remitted by carriers 
22 under the Emergency Telephone System Act.
23  (k) Law enforcement officer identification information 
24 or driver identification information compiled by a law 
25 enforcement agency or the Department of Transportation 
26 under Section 11-212 of the Illinois Vehicle Code.
 
 
SB3057- 15 -LRB100 16603 SLF 31739 b


1  (l) Records and information provided to a residential 
2 health care facility resident sexual assault and death 
3 review team or the Executive Council under the Abuse 
4 Prevention Review Team Act.
5  (m) Information provided to the predatory lending 
6 database created pursuant to Article 3 of the Residential 
7 Real Property Disclosure Act, except to the extent 
8 authorized under that Article.
9  (n) Defense budgets and petitions for certification of 
10 compensation and expenses for court appointed trial 
11 counsel as provided under Sections 10 and 15 of the Capital 
12 Crimes Litigation Act. This subsection (n) shall apply 
13 until the conclusion of the trial of the case, even if the 
14 prosecution chooses not to pursue the death penalty prior 
15 to trial or sentencing.
16  (o) Information that is prohibited from being 
17 disclosed under Section 4 of the Illinois Health and 
18 Hazardous Substances Registry Act.
19  (p) Security portions of system safety program plans, 
20 investigation reports, surveys, schedules, lists, data, or 
21 information compiled, collected, or prepared by or for the 
22 Regional Transportation Authority under Section 2.11 of 
23 the Regional Transportation Authority Act or the St. Clair 
24 County Transit District under the Bi-State Transit Safety 
25 Act. 
26  (q) Information prohibited from being disclosed by the 
 
 
SB3057- 16 -LRB100 16603 SLF 31739 b


1 Personnel Records Review Act. 
2  (r) Information prohibited from being disclosed by the 
3 Illinois School Student Records Act. 
4  (s) Information the disclosure of which is restricted 
5 under Section 5-108 of the Public Utilities Act. 

6  (t) All identified or deidentified health information 
7 in the form of health data or medical records contained in, 
8 stored in, submitted to, transferred by, or released from 
9 the Illinois Health Information Exchange, and identified 
10 or deidentified health information in the form of health 
11 data and medical records of the Illinois Health Information 
12 Exchange in the possession of the Illinois Health 
13 Information Exchange Authority due to its administration 
14 of the Illinois Health Information Exchange. The terms 
15 "identified" and "deidentified" shall be given the same 
16 meaning as in the Health Insurance Portability and 
17 Accountability Act of 1996, Public Law 104-191, or any 
18 subsequent amendments thereto, and any regulations 
19 promulgated thereunder. 
20  (u) Records and information provided to an independent 
21 team of experts under Brian's Law. 
22  (v) Names and information of people who have applied 
23 for or received Firearm Owner's Identification Cards under 
24 the Firearm Owners Identification Card Act before the 
25 effective date of this amendatory Act of the 100th General 
26 Assembly or applied for or received a concealed carry 
 
 
SB3057- 17 -LRB100 16603 SLF 31739 b


1 license under the Firearm Concealed Carry Act, unless 
2 otherwise authorized by the Firearm Concealed Carry Act; 
3 and databases under the Firearm Concealed Carry Act, 
4 records of the Concealed Carry Licensing Review Board under 
5 the Firearm Concealed Carry Act, and law enforcement agency 
6 objections under the Firearm Concealed Carry Act. 
7  (w) Personally identifiable information which is 
8 exempted from disclosure under subsection (g) of Section 
9 19.1 of the Toll Highway Act.
10  (x) Information which is exempted from disclosure 
11 under Section 5-1014.3 of the Counties Code or Section 
12 8-11-21 of the Illinois Municipal Code. 
13  (y) Confidential information under the Adult 
14 Protective Services Act and its predecessor enabling 
15 statute, the Elder Abuse and Neglect Act, including 
16 information about the identity and administrative finding 
17 against any caregiver of a verified and substantiated 
18 decision of abuse, neglect, or financial exploitation of an 
19 eligible adult maintained in the Registry established 
20 under Section 7.5 of the Adult Protective Services Act. 
21  (z) Records and information provided to a fatality 
22 review team or the Illinois Fatality Review Team Advisory 
23 Council under Section 15 of the Adult Protective Services 
24 Act. 
25  (aa) Information which is exempted from disclosure 
26 under Section 2.37 of the Wildlife Code. 
 
 
SB3057- 18 -LRB100 16603 SLF 31739 b


1  (bb) Information which is or was prohibited from 
2 disclosure by the Juvenile Court Act of 1987. 
3  (cc) Recordings made under the Law Enforcement 
4 Officer-Worn Body Camera Act, except to the extent 
5 authorized under that Act.
6  (dd) Information that is prohibited from being 
7 disclosed under Section 45 of the Condominium and Common 
8 Interest Community Ombudsperson Act. 
9  (ee) Information that is exempted from disclosure 
10 under Section 30.1 of the Pharmacy Practice Act. 
11  (ff) Information that is exempted from disclosure 
12 under the Revised Uniform Unclaimed Property Act. 
13  (gg) (ff) Information that is prohibited from being 
14 disclosed under Section 7-603.5 of the Illinois Vehicle 
15 Code. 
16  (hh) (ff) Records that are exempt from disclosure under 
17 Section 1A-16.7 of the Election Code. 
18  (ii) (ff) Information which is exempted from disclosure 
19 under Section 2505-800 of the Department of Revenue Law of 
20 the Civil Administrative Code of Illinois. 
21  (jj) (ff) Information and reports that are required to 
22 be submitted to the Department of Labor by registering day 
23 and temporary labor service agencies but are exempt from 
24 disclosure under subsection (a-1) of Section 45 of the Day 
25 and Temporary Labor Services Act. 
26  (kk) (ff) Information prohibited from disclosure under 
 
 
SB3057- 19 -LRB100 16603 SLF 31739 b


1 the Seizure and Forfeiture Reporting Act. 
2(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
3eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
499-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
5100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
68-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
7eff. 6-1-18; revised 11-2-17.)

8 Section 10. The Department of State Police Law of the
Civil 
9Administrative Code of Illinois is amended by changing Sections 
102605-45, 2605-300, and 2605-595 as follows:




11 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



12 Sec. 2605-45. Division of Administration. The Division of

13Administration shall exercise the
following functions:


14  (1) Exercise the rights, powers, and duties vested in 
15 the
Department
by the
Governor's Office of Management and 
16 Budget Act.


17  (2) Pursue research and the publication of studies 
18 pertaining
to local
law enforcement activities.


19  (3) Exercise the rights, powers, and duties vested in 
20 the
Department
by the Personnel Code.


21  (4) Operate an electronic data processing and computer 
22 center
for the
storage and retrieval of data pertaining to 
23 criminal activity.


24  (5) Exercise the rights, powers, and duties vested in

 
 
SB3057- 20 -LRB100 16603 SLF 31739 b


1 the former Division of
State Troopers by Section 17 of the 
2 State Police
Act.


3  (6) Exercise the rights, powers, and duties vested in

4 the Department
by "An Act relating to internal auditing in 
5 State government", approved
August 11, 1967 (repealed; now 
6 the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).


7  (6.5) (Blank). Exercise the rights, powers, and duties 
8 vested in the Department
by the Firearm Owners 
9 Identification Card Act.


10  (7) Exercise other duties that may be assigned
by the 
11 Director to
fulfill the responsibilities and achieve the 
12 purposes of the Department.

13(Source: P.A. 94-793, eff. 5-19-06.)





14 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



15 Sec. 2605-300. Records; crime laboratories; personnel. To 
16do
the
following:

17  (1) Be a central repository and custodian of criminal

18 statistics for the State.

19  (2) Be a central repository for criminal history
record 
20 information.

21  (3) Procure and file for record information that is

22 necessary and helpful to plan programs of crime prevention, 
23 law
enforcement,
and criminal justice.

24  (4) Procure and file for record copies of
fingerprints 
25 that may be required by law.

 
 
SB3057- 21 -LRB100 16603 SLF 31739 b


1  (5) Establish general and field
crime laboratories.

2  (6) Register and file for record information that
may 
3 be required by law for the issuance of firearm owner's 
4 identification
cards under the Firearm Owners 
5 Identification Card Act and concealed carry licenses under 
6 the Firearm Concealed Carry Act.

7  (7) Employ laboratory technicians
and
other
specially 
8 qualified persons to aid in the identification of criminal

9 activity, and may employ polygraph operators.

10  (8) Undertake other identification, information,

11 laboratory, statistical, or registration activities that 
12 may be
required by law.

13(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)


14 (20 ILCS 2605/2605-595)
15 Sec. 2605-595. State Police Firearm Services Fund.
16 (a) There is created in the State treasury a special fund 
17known as the State Police Firearm Services Fund. The Fund shall 
18receive revenue under the Firearm Concealed Carry Act and 
19Section 5 of the Firearm Owners Identification Card Act. The 
20Fund may also receive revenue from grants, pass-through grants, 
21donations, appropriations, and any other legal source.
22 (b) The Department of State Police may use moneys in the 
23Fund to finance any of its lawful purposes, mandates, 
24functions, and duties under the Firearm Owners Identification 
25Card Act and the Firearm Concealed Carry Act, including the 
 
 
SB3057- 22 -LRB100 16603 SLF 31739 b


1cost of sending notices of expiration of Firearm Owner's 
2Identification Cards, concealed carry licenses, the prompt and 
3efficient processing of applications under the Firearm Owners 
4Identification Card Act and the Firearm Concealed Carry Act, 
5the improved efficiency and reporting of the LEADS and federal 
6NICS law enforcement data systems, and support for 
7investigations required under that Act these Acts and law. Any 
8surplus funds beyond what is needed to comply with the 
9aforementioned purposes shall be used by the Department to 
10improve the Law Enforcement Agencies Data System (LEADS) and 
11criminal history background check system. 
12 (c) Investment income that is attributable to the 
13investment of moneys in the Fund shall be retained in the Fund 
14for the uses specified in this Section. 

15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)



16 (20 ILCS 2605/2605-120 rep.)


17 Section 15. The Department of State Police Law of the
Civil 
18Administrative Code of Illinois is amended by repealing Section 
192605-120.

20 Section 20. The Criminal Identification Act is amended by 
21changing Section 2.2 as follows:

22 (20 ILCS 2630/2.2)
23 Sec. 2.2. Notification to the Department. Upon judgment of 
 
 
SB3057- 23 -LRB100 16603 SLF 31739 b


1conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
212-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
3Code of 2012 when the
defendant has been determined, pursuant 
4to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

5to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
6circuit court clerk shall
include notification and a copy of 
7the written determination in a report
of the conviction to the 
8Department of State Police Firearm Owner's Identification Card 
9Office to
enable the Department office to perform its duties 
10under the Firearm Concealed Carry Act and Sections 4 and 8 of 
11the Firearm Owners Identification Card Act and to report that 
12determination to the Federal Bureau
of Investigation to assist 
13the Federal Bureau of Investigation in identifying persons 
14prohibited
from purchasing and possessing a firearm pursuant to 
15the provisions of
18 U.S.C. 922. The written determination 
16described in this Section shall be included in the defendant's 
17record of arrest and conviction in the manner and form 
18prescribed by the Department of State Police. 

19(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

20 Section 25. The State Finance Act is amended by changing 
21Section 6z-99 as follows:

22 (30 ILCS 105/6z-99)
23 Sec. 6z-99. The Mental Health Reporting Fund.
24 (a) There is created in the State treasury a special fund 
 
 
SB3057- 24 -LRB100 16603 SLF 31739 b


1known as the Mental Health Reporting Fund. The Fund shall 
2receive revenue under the Firearm Concealed Carry Act. The Fund 
3may also receive revenue from grants, pass-through grants, 
4donations, appropriations, and any other legal source.
5 (b) The Department of State Police and Department of Human 
6Services shall coordinate to use moneys in the Fund to finance 
7their respective duties of collecting and reporting data on 
8mental health records and ensuring that mental health firearm 
9possession prohibitors are enforced as set forth under the 
10Firearm Concealed Carry Act and the Firearm Owners 
11Identification Card Act. Any surplus in the Fund beyond what is 
12necessary to ensure compliance with mental health reporting 
13under that Act these Acts shall be used by the Department of 
14Human Services for mental health treatment programs.
15 (c) Investment income that is attributable to the 
16investment of moneys in the Fund shall be retained in the Fund 
17for the uses specified in this Section.

18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

19 Section 30. The Peace Officer Firearm Training Act is 
20amended by changing Section 1 as follows:



21 (50 ILCS 710/1) (from Ch. 85, par. 515)



22 Sec. 1. Definitions. As used in this Act: 
23 (a) "Peace officer"
means (i) any person who by virtue of 
24his office or public employment is
vested by law with a primary 
 
 
SB3057- 25 -LRB100 16603 SLF 31739 b


1duty to maintain public order or to make
arrests for offenses, 
2whether that duty extends to all offenses or is
limited to 
3specific offenses, and who is employed in such capacity by any

4county or municipality or (ii) any retired law enforcement 
5officers qualified under federal law to carry a concealed 
6weapon. 
7 (a-5) "Probation officer" means a county probation officer 
8authorized by the Chief Judge of the Circuit Court to carry a 
9firearm as part of his or her duties under Section 12 of the 
10Probation and Probation Officers Act and Section 24-2 of the 
11Criminal Code of 2012. 
12 (b)
"Firearms" means any weapon or device defined as a 
13firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
14"An Act relating to the acquisition, possession and transfer of

15firearms and firearm ammunition, to provide a penalty for the 
16violation
thereof and to make an appropriation in connection 
17therewith", approved
August 3, 1967, as amended.

18(Source: P.A. 98-725, eff. 1-1-15.)



19 Section 35. The School Code is amended by changing Sections 
2010-22.6, 10-27.1A, and 34-8.05 as follows:



21 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



22 Sec. 10-22.6. Suspension or expulsion of pupils; school 
23searches. 

24 (a) To expel pupils guilty of gross disobedience or 
 
 
SB3057- 26 -LRB100 16603 SLF 31739 b


1misconduct, including gross disobedience or misconduct 
2perpetuated by electronic means, pursuant to subsection (b-20) 
3of this Section, and
no action shall lie against them for such 
4expulsion. Expulsion shall
take place only after the parents 
5have been requested to appear at a
meeting of the board, or 
6with a hearing officer appointed by it, to
discuss their 
7child's behavior. Such request shall be made by registered
or 
8certified mail and shall state the time, place and purpose of 
9the
meeting. The board, or a hearing officer appointed by it, 
10at such
meeting shall state the reasons for dismissal and the 
11date on which the
expulsion is to become effective. If a 
12hearing officer is appointed by
the board, he shall report to 
13the board a written summary of the evidence
heard at the 
14meeting and the board may take such action thereon as it
finds 
15appropriate. If the board acts to expel a pupil, the written 
16expulsion decision shall detail the specific reasons why 
17removing the pupil from the learning environment is in the best 
18interest of the school. The expulsion decision shall also 
19include a rationale as to the specific duration of the 
20expulsion. An expelled pupil may be immediately transferred to 
21an alternative program in the manner provided in Article 13A or 
2213B of this Code. A pupil must not be denied transfer because 
23of the expulsion, except in cases in which such transfer is 
24deemed to cause a threat to the safety of students or staff in 
25the alternative program.

26 (b) To suspend or by policy to authorize the superintendent 
 
 
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1of
the district or the principal, assistant principal, or dean 
2of students
of any school to suspend pupils guilty of gross 
3disobedience or misconduct, or
to suspend pupils guilty of 
4gross disobedience or misconduct on the school bus
from riding 
5the school bus, pursuant to subsections (b-15) and (b-20) of 
6this Section, and no action
shall lie against them for such 
7suspension. The board may by policy
authorize the 
8superintendent of the district or the principal, assistant

9principal, or dean of students of any
school to suspend pupils 
10guilty of such acts for a period not to exceed
10 school days. 
11If a pupil is suspended due to gross disobedience or misconduct

12on a school bus, the board may suspend the pupil in excess of 
1310
school
days for safety reasons. 
14 Any suspension shall be reported immediately to the
parents 
15or guardian of a pupil along with a full statement of the

16reasons for such suspension and a notice of their right to a 
17review. The school board must be given a summary of the notice, 
18including the reason for the suspension and the suspension 
19length. Upon request of the
parents or guardian the school 
20board or a hearing officer appointed by
it shall review such 
21action of the superintendent or principal, assistant

22principal, or dean of students. At such
review the parents or 
23guardian of the pupil may appear and discuss the
suspension 
24with the board or its hearing officer. If a hearing officer
is 
25appointed by the board he shall report to the board a written 
26summary
of the evidence heard at the meeting. After its hearing 
 
 
SB3057- 28 -LRB100 16603 SLF 31739 b


1or upon receipt
of the written report of its hearing officer, 
2the board may take such
action as it finds appropriate. If a 
3student is suspended pursuant to this subsection (b), the board 
4shall, in the written suspension decision, detail the specific 
5act of gross disobedience or misconduct resulting in the 
6decision to suspend. The suspension decision shall also include 
7a rationale as to the specific duration of the suspension. A 
8pupil who is suspended in excess of 20 school days may be 
9immediately transferred to an alternative program in the manner 
10provided in Article 13A or 13B of this Code. A pupil must not 
11be denied transfer because of the suspension, except in cases 
12in which such transfer is deemed to cause a threat to the 
13safety of students or staff in the alternative program.

14 (b-5) Among the many possible disciplinary interventions 
15and consequences available to school officials, school 
16exclusions, such as out-of-school suspensions and expulsions, 
17are the most serious. School officials shall limit the number 
18and duration of expulsions and suspensions to the greatest 
19extent practicable, and it is recommended that they use them 
20only for legitimate educational purposes. To ensure that 
21students are not excluded from school unnecessarily, it is 
22recommended that school officials consider forms of 
23non-exclusionary discipline prior to using out-of-school 
24suspensions or expulsions.
25 (b-10) Unless otherwise required by federal law or this 
26Code, school boards may not institute zero-tolerance policies 
 
 
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1by which school administrators are required to suspend or expel 
2students for particular behaviors.
3 (b-15) Out-of-school suspensions of 3 days or less may be 
4used only if the student's continuing presence in school would 
5pose a threat to school safety or a disruption to other 
6students' learning opportunities. For purposes of this 
7subsection (b-15), "threat to school safety or a disruption to 
8other students' learning opportunities" shall be determined on 
9a case-by-case basis by the school board or its designee. 
10School officials shall make all reasonable efforts to resolve 
11such threats, address such disruptions, and minimize the length 
12of suspensions to the greatest extent practicable.
13 (b-20) Unless otherwise required by this Code, 
14out-of-school suspensions of longer than 3 days, expulsions, 
15and disciplinary removals to alternative schools may be used 
16only if other appropriate and available behavioral and 
17disciplinary interventions have been exhausted and the 
18student's continuing presence in school would either (i) pose a

19threat to the safety of other students, staff, or members of

20the school community or (ii) substantially disrupt, impede, or

21interfere with the operation of the school. For purposes of 
22this subsection (b-20), "threat to the safety of other 
23students, staff, or members of the school community" and 
24"substantially disrupt, impede, or interfere with the 
25operation of the school" shall be determined on a case-by-case 
26basis by school officials. For purposes of this subsection 
 
 
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1(b-20), the determination of whether "appropriate and 
2available behavioral and disciplinary interventions have been 
3exhausted" shall be made by school officials. School officials 
4shall make all reasonable efforts to resolve such threats, 
5address such disruptions, and minimize the length of student 
6exclusions to the greatest extent practicable. Within the 
7suspension decision described in subsection (b) of this Section 
8or the expulsion decision described in subsection (a) of this 
9Section, it shall be documented whether other interventions 
10were attempted or whether it was determined that there were no 
11other appropriate and available interventions.
12 (b-25) Students who are suspended out-of-school for longer 
13than 4 school days shall be provided appropriate and available 
14support services during the period of their suspension. For 
15purposes of this subsection (b-25), "appropriate and available 
16support services" shall be determined by school authorities. 
17Within the suspension decision described in subsection (b) of 
18this Section, it shall be documented whether such services are 
19to be provided or whether it was determined that there are no 
20such appropriate and available services.
21 A school district may refer students who are expelled to 
22appropriate and available support services.
23 A school district shall create a policy to facilitate the 
24re-engagement of students who are suspended out-of-school, 
25expelled, or returning from an alternative school setting.
26 (b-30) A school district shall create a policy by which 
 
 
SB3057- 31 -LRB100 16603 SLF 31739 b


1suspended pupils, including those pupils suspended from the 
2school bus who do not have alternate transportation to school, 
3shall have the opportunity to make up work for equivalent 
4academic credit. It shall be the responsibility of a pupil's 
5parent or guardian to notify school officials that a pupil 
6suspended from the school bus does not have alternate 
7transportation to school. 
8 (c) The Department of Human Services
shall be invited to 
9send a representative to consult with the board at
such meeting 
10whenever there is evidence that mental illness may be the
cause 
11for expulsion or suspension.

12 (c-5) School districts shall make reasonable efforts to 
13provide ongoing professional development to teachers, 
14administrators, school board members, school resource 
15officers, and staff on the adverse consequences of school 
16exclusion and justice-system involvement, effective classroom 
17management strategies, culturally responsive discipline, and 
18developmentally appropriate disciplinary methods that promote 
19positive and healthy school climates. 
20 (d) The board may expel a student for a definite period of 
21time not to
exceed 2 calendar years, as determined on a 
22case-by-case case by case basis.
A student who
is determined to 
23have brought one of the following objects to school, any 
24school-sponsored activity
or event, or any activity or event 
25that bears a reasonable relationship to school shall be 
26expelled for a period of not less than
one year:
 
 
SB3057- 32 -LRB100 16603 SLF 31739 b


1  (1) A firearm. For the purposes of this Section, 
2 "firearm" means any gun, rifle, shotgun, weapon as defined 
3 by Section 921 of Title 18 of the United States Code, 
4 firearm as defined in Section 2-7.5 1.1 of the Firearm 
5 Owners Identification Card Act, or firearm as defined in 
6 Section 24-1 of the Criminal Code of 2012. The expulsion 
7 period under this subdivision (1) may be modified by the 
8 superintendent, and the superintendent's determination may 
9 be modified by the board on a case-by-case basis.
10  (2) A knife, brass knuckles or other knuckle weapon 
11 regardless of its composition, a billy club, or any other 
12 object if used or attempted to be used to cause bodily 
13 harm, including "look alikes" of any firearm as defined in 
14 subdivision (1) of this subsection (d). The expulsion 
15 requirement under this subdivision (2) may be modified by 
16 the superintendent, and the superintendent's determination 
17 may be modified by the board on a case-by-case basis. 
18Expulsion
or suspension
shall be construed in a
manner 
19consistent with the Federal Individuals with Disabilities 
20Education
Act. A student who is subject to suspension or 
21expulsion as provided in this
Section may be eligible for a 
22transfer to an alternative school program in
accordance with 
23Article 13A of the School Code.

24 (d-5) The board may suspend or by regulation
authorize the 
25superintendent of the district or the principal, assistant

26principal, or dean of students of any
school to suspend a 
 
 
SB3057- 33 -LRB100 16603 SLF 31739 b


1student for a period not to exceed
10 school days or may expel 
2a student for a definite period of time not to
exceed 2 
3calendar years, as determined on a case-by-case case by case 
4basis, if (i) that student has been determined to have made an 
5explicit threat on an Internet website against a school 
6employee, a student, or any school-related personnel, (ii) the 
7Internet website through which the threat was made is a site 
8that was accessible within the school at the time the threat 
9was made or was available to third parties who worked or 
10studied within the school grounds at the time the threat was 
11made, and (iii) the threat could be reasonably interpreted as 
12threatening to the safety and security of the threatened 
13individual because of his or her duties or employment status or 
14status as a student inside the school.

15 (e) To maintain order and security in the schools, school 
16authorities may
inspect and search places and areas such as 
17lockers, desks, parking lots, and
other school property and 
18equipment owned or controlled by the school, as well
as 
19personal effects left in those places and areas by students, 
20without notice
to or the consent of the student, and without a 
21search warrant. As a matter of
public policy, the General 
22Assembly finds that students have no reasonable
expectation of 
23privacy in these places and areas or in their personal effects

24left in these places and areas. School authorities may request 
25the assistance
of law enforcement officials for the purpose of 
26conducting inspections and
searches of lockers, desks, parking 
 
 
SB3057- 34 -LRB100 16603 SLF 31739 b


1lots, and other school property and
equipment owned or 
2controlled by the school for illegal drugs, weapons, or
other

3illegal or dangerous substances or materials, including 
4searches conducted
through the use of specially trained dogs. 
5If a search conducted in accordance
with this Section produces 
6evidence that the student has violated or is
violating either 
7the law, local ordinance, or the school's policies or rules,

8such evidence may be seized by school authorities, and 
9disciplinary action may
be taken. School authorities may also 
10turn over such evidence to law
enforcement authorities.

11 (f) Suspension or expulsion may include suspension or 
12expulsion from
school and all school activities and a 
13prohibition from being present on school
grounds.

14 (g) A school district may adopt a policy providing that if 
15a student
is suspended or expelled for any reason from any 
16public or private school
in this or any other state, the 
17student must complete the entire term of
the suspension or 
18expulsion in an alternative school program under Article 13A of 
19this Code or an alternative learning opportunities program 
20under Article 13B of this Code before being admitted into the 
21school
district if there is no threat to the safety of students 
22or staff in the alternative program.

23 (h) School officials shall not advise or encourage students 
24to drop out voluntarily due to behavioral or academic 
25difficulties.
26 (i) A student may not be issued a monetary fine or fee as a 
 
 
SB3057- 35 -LRB100 16603 SLF 31739 b


1disciplinary consequence, though this shall not preclude 
2requiring a student to provide restitution for lost, stolen, or 
3damaged property.
4 (j) Subsections (a) through (i) of this Section shall apply 
5to elementary and secondary schools, charter schools, special 
6charter districts, and school districts organized under 
7Article 34 of this Code. 
8 (k) The expulsion of children enrolled in programs funded 
9under Section 1C-2 of this Code is subject to the requirements 
10under paragraph (7) of subsection (a) of Section 2-3.71 of this 
11Code.
12(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; 
13revised 9-22-17.)





14 (105 ILCS 5/10-27.1A)



15 Sec. 10-27.1A. Firearms in schools. 

16 (a) All school officials, including teachers, guidance 
17counselors, and
support staff, shall immediately notify the 
18office of the principal in the
event that they observe any 
19person in possession of a firearm on school
grounds; provided 
20that taking such immediate action to notify the office of the

21principal would not immediately endanger the health, safety, or 
22welfare of
students who are under the direct supervision of the 
23school official or the
school official. If the health, safety, 
24or welfare of students under the
direct supervision of the 
25school official or of the school official is
immediately 
 
 
SB3057- 36 -LRB100 16603 SLF 31739 b


1endangered, the school official shall notify the office of the

2principal as soon as the students under his or her supervision 
3and he or she
are no longer under immediate danger. A report is 
4not required by this Section
when the school official knows 
5that the person in possession of the firearm is
a law 
6enforcement official engaged in the conduct of his or her 
7official
duties. Any school official acting in good faith who 
8makes such a report under
this Section shall have immunity from 
9any civil or criminal liability that
might otherwise be 
10incurred as a result of making the report. The identity of
the 
11school official making such report shall not be disclosed 
12except as
expressly and specifically authorized by law. 
13Knowingly and willfully failing
to comply with this Section is 
14a petty offense. A second or subsequent offense
is a Class C 
15misdemeanor.

16 (b) Upon receiving a report from any school official 
17pursuant to this
Section, or from any other person, the 
18principal or his or her designee shall
immediately notify a 
19local law enforcement agency. If the person found to be
in 
20possession of a firearm on school grounds is a student, the 
21principal or
his or her designee shall also immediately notify 
22that student's parent or
guardian. Any principal or his or her 
23designee acting in good faith who makes
such reports under this 
24Section shall have immunity from any civil or criminal

25liability that might otherwise be incurred or imposed as a 
26result of making
the reports. Knowingly and willfully failing 
 
 
SB3057- 37 -LRB100 16603 SLF 31739 b


1to comply with this Section is a
petty offense. A second or 
2subsequent offense is a Class C misdemeanor. If
the person 
3found to be in possession of the firearm on school grounds is a

4minor, the law enforcement agency shall detain that minor until 
5such time as
the agency makes a determination pursuant to 
6clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
7Court Act of 1987, as to whether the agency
reasonably believes 
8that the minor is delinquent. If the law enforcement
agency 
9determines that probable cause exists to believe that the minor

10committed a violation of item (4) of subsection (a) of Section 
1124-1 of the
Criminal Code of 2012 while on school grounds, the 
12agency shall detain the
minor for processing pursuant to 
13Section 5-407 of the Juvenile Court Act of
1987.

14 (c) On or after January 1, 1997, upon receipt of any 
15written,
electronic, or verbal report from any school personnel 
16regarding a verified
incident involving a firearm in a school 
17or on school owned or leased property,
including any conveyance 
18owned,
leased, or used by the school for the transport of 
19students or school
personnel, the superintendent or his or her 
20designee shall report all such
firearm-related incidents 
21occurring in a school or on school property to the
local law 
22enforcement authorities immediately and to the Department of 
23State
Police in a form, manner, and frequency as prescribed by 
24the Department of
State Police.

25 The State Board of Education shall receive an annual 
26statistical compilation
and related data associated with 
 
 
SB3057- 38 -LRB100 16603 SLF 31739 b


1incidents involving firearms in schools from
the Department of 
2State Police. The State Board of Education shall compile
this 
3information by school district and make it available to the 
4public.

5 (d) As used in this Section, the term "firearm" shall have 
6the meaning
ascribed to it in Section 2-7.5 of the Criminal 
7Code of 2012 1.1 of the Firearm Owners Identification Card Act.

8 As used in this Section, the term "school" means any public 
9or private
elementary or secondary school.

10 As used in this Section, the term "school grounds" includes 
11the real property
comprising any school, any conveyance owned, 
12leased, or contracted by a school
to transport students to or 
13from school or a school-related activity, or any
public way 
14within 1,000 feet of the real property comprising any school.

15(Source: P.A. 97-1150, eff. 1-25-13.)





16 (105 ILCS 5/34-8.05)



17 Sec. 34-8.05. Reporting firearms in schools. On or after 
18January 1,
1997,
upon receipt of any written,
electronic, or 
19verbal report from any school personnel regarding a verified

20incident involving a firearm in a school or on school owned or 
21leased property,
including any conveyance owned,
leased, or 
22used by the school for the transport of students or school

23personnel, the general superintendent or his or her designee 
24shall report all
such
firearm-related incidents occurring in a 
25school or on school property to the
local law enforcement 
 
 
SB3057- 39 -LRB100 16603 SLF 31739 b


1authorities no later than 24 hours after the occurrence
of the 
2incident and to the Department of State Police in a form, 
3manner, and
frequency as prescribed by the Department of State 
4Police.

5 The State Board of Education shall receive an annual 
6statistical compilation
and related data associated with 
7incidents involving firearms in schools from
the Department of 
8State Police. As used in this Section, the term "firearm"
shall 
9have the meaning ascribed to it in Section 2-7.5 of the 
10Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
11Card Act.

12(Source: P.A. 89-498, eff. 6-27-96.)


13 Section 40. The Illinois Explosives Act is amended by 
14changing Section 2005 as follows:




15 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



16 Sec. 2005. Qualifications for licensure. 
17 (a) No person shall qualify to hold a license who:
18  (1) is under 21 years of age;
19  (2) has been convicted in any court of a crime 
20 punishable by imprisonment for a term exceeding one year;
21  (3) is under indictment for a crime punishable by 
22 imprisonment for a term exceeding one year;
23  (4) is a fugitive from justice;
24  (5) is an unlawful user of or addicted to any 
 
 
SB3057- 40 -LRB100 16603 SLF 31739 b


1 controlled substance as defined in Section 102 of the 
2 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
3 seq.);
4  (6) has been adjudicated a person with a mental 
5 disability as defined in Section 6-103.1 of the Mental 
6 Health and Developmental Disabilities Code 1.1 of the 
7 Firearm Owners Identification Card Act; or
8  (7) is not a legal citizen of the United States.
9 (b) A person who has been granted a "relief from 
10disabilities" regarding criminal convictions and indictments, 
11pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
12845) may receive a license provided all other qualifications 
13under this Act are met. 

14(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)


15 Section 45. The Private Detective, Private Alarm, Private 
16Security, and
Locksmith Act of 2004 is amended by changing 
17Sections 35-30 and 35-35 as follows:



18 (225 ILCS 447/35-30)



19 (Section scheduled to be repealed on January 1, 2024)

20 Sec. 35-30. Employee requirements. All employees of a

21licensed agency, other than those exempted, shall apply for a

22permanent employee registration card. The holder of an agency

23license issued under this Act, known in this Section as

24"employer", may employ in the conduct of his or her business

 
 
SB3057- 41 -LRB100 16603 SLF 31739 b


1employees under the following provisions:


2 (a) No person shall be issued a permanent employee

3registration card who:

4  (1) Is younger than 18 years of age.

5  (2) Is younger than 21 years of age if the
services 
6 will include being armed.

7  (3) Has been determined by the Department to
be unfit 
8 by reason of conviction of an offense in this or
another 
9 state, including registration as a sex offender, but not 
10 including a traffic offense. Persons convicted of felonies 
11 involving bodily harm, weapons, violence, or theft within 
12 the previous 10 years shall be presumed to be unfit for 
13 registration. The Department
shall adopt rules for making 
14 those determinations that shall
afford the applicant due 
15 process of law.

16  (4) Has had a license or permanent employee

17 registration card denied, suspended, or revoked under this 
18 Act (i) within one
year before the date the
person's 
19 application for permanent employee registration card
is 
20 received by the Department; and (ii) that refusal, denial,

21 suspension, or revocation was based on any provision of 
22 this
Act other than Section 40-50,
item (6) or (8) of 
23 subsection (a) of Section 15-10, subsection (b) of Section

24 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
25 subsection (b) of
Section 20-10, item (6) or (8) of 
26 subsection (a) of Section 25-10, subsection
(b) of Section 
 
 
SB3057- 42 -LRB100 16603 SLF 31739 b


1 25-10, item (7) of subsection (a) of Section 30-10,

2 subsection (b) of Section 30-10, or Section 10-40.

3  (5) Has been declared incompetent by any court
of 
4 competent jurisdiction by reason of mental disease or

5 defect and has not been restored.

6  (6) Has been dishonorably discharged from the
armed 
7 services of the United States.


8 (b) No person may be employed by a private
detective 
9agency, private security contractor agency, private
alarm 
10contractor agency, fingerprint vendor agency, or locksmith 
11agency under this
Section until he or she has executed and 
12furnished to the
employer, on forms furnished by the 
13Department, a verified
statement to be known as "Employee's 
14Statement" setting forth:

15  (1) The person's full name, age, and residence
address.

16  (2) The business or occupation engaged in for
the 5 
17 years immediately before the date of the execution of
the 
18 statement, the place where the business or occupation was

19 engaged in, and the names of employers, if any.

20  (3) That the person has not had a license or
employee 
21 registration denied, revoked, or suspended under this
Act 
22 (i) within one year before the date the person's 
23 application
for permanent employee registration card is 
24 received by the
Department; and (ii) that refusal, denial, 
25 suspension, or
revocation was based on any provision of 
26 this Act other than
Section 40-50,
item (6) or (8) of 
 
 
SB3057- 43 -LRB100 16603 SLF 31739 b


1 subsection (a) of Section 15-10, subsection (b) of Section

2 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
3 subsection (b) of
Section 20-10, item (6) or (8) of 
4 subsection (a) of Section 25-10, subsection
(b) of Section 
5 25-10, item (7) of subsection (a) of Section 30-10,

6 subsection (b) of Section 30-10, or Section 10-40.

7  (4) Any conviction of a felony or misdemeanor.

8  (5) Any declaration of incompetence by a court
of 
9 competent jurisdiction that has not been restored.

10  (6) Any dishonorable discharge from the armed
services 
11 of the United States.

12  (7) Any other information as may be required by
any 
13 rule of the Department to show the good character,

14 competency, and integrity of the person executing the

15 statement.

16 (c) Each applicant for a permanent employee registration

17card shall have his or her fingerprints submitted to the

18Department of State Police in an electronic format that

19complies with the form and manner for requesting and
furnishing 
20criminal history record information as prescribed
by the 
21Department of State Police. These fingerprints shall
be checked 
22against the Department of State Police and Federal
Bureau of 
23Investigation criminal history record databases now
and 
24hereafter filed. The Department of State Police shall
charge 
25applicants a fee for conducting the criminal history
records 
26check, which shall be deposited in the State Police
Services 
 
 
SB3057- 44 -LRB100 16603 SLF 31739 b


1Fund and shall not exceed the actual cost of the
records check. 
2The Department of State Police shall furnish,
pursuant to 
3positive identification, records of Illinois
convictions to 
4the Department. The Department may require
applicants to pay a 
5separate fingerprinting fee, either to the
Department or 
6directly to the vendor. The Department, in
its discretion, may 
7allow an applicant who does not have
reasonable access to a 
8designated vendor to provide his or her
fingerprints in an 
9alternative manner. The
Department, in its discretion, may also 
10use other
procedures in performing or obtaining criminal 
11background
checks of applicants. Instead of submitting his or 
12her
fingerprints, an individual may submit proof that is

13satisfactory to the Department that an equivalent security

14clearance has been conducted. Also, an individual who has

15retired as a peace officer within 12 months of application may

16submit verification, on forms provided by the Department and

17signed by his or her employer, of his or her previous full-time 
18employment as a
peace officer.

19 (d) The Department shall issue a permanent employee

20registration card, in a form the Department prescribes, to all

21qualified applicants.
The holder of a permanent employee 
22registration card shall
carry the card at all times while 
23actually engaged in the
performance of the duties of his or her 
24employment.
Expiration and requirements for renewal of 
25permanent employee
registration cards shall be established by 
26rule of the
Department. Possession of a permanent employee 
 
 
SB3057- 45 -LRB100 16603 SLF 31739 b


1registration
card does not in any way imply that the holder of 
2the card is
employed by an agency unless the permanent employee

3registration card is accompanied by the employee

4identification card required by subsection (f) of this
Section.

5 (e) Each employer shall maintain a record of each
employee 
6that is accessible to the duly authorized
representatives of 
7the Department. The record shall contain
the following 
8information:

9  (1) A photograph taken within 10 days of the date
that 
10 the employee begins employment with the employer. The

11 photograph shall be replaced with a current photograph 
12 every 3
calendar years.

13  (2) The Employee's Statement specified in
subsection 
14 (b) of this Section.

15  (3) All correspondence or documents relating to the

16 character and integrity of the employee received by the

17 employer from any official source or law enforcement 
18 agency.

19  (4) In the case of former employees, the employee

20 identification card of that person issued under subsection 
21 (f)
of this Section. Each employee record shall duly note 
22 if the
employee is employed in an armed capacity. Armed 
23 employee
files shall contain a copy of an active firearm 
24 owner's
identification card and a copy of an active firearm

25 control card. Each employer shall maintain a record for

26 each armed employee of each instance in which the 
 
 
SB3057- 46 -LRB100 16603 SLF 31739 b


1 employee's
weapon was discharged during the course of his 
2 or her
professional duties or activities. The record shall 
3 be
maintained on forms provided by the Department, a copy 
4 of
which must be filed with the Department within 15 days 
5 of an
instance. The record shall include the date and time 
6 of the
occurrence, the circumstances involved in the 
7 occurrence, and
any other information as the Department may 
8 require. Failure
to provide this information to the 
9 Department or failure to
maintain the record as a part of 
10 each armed employee's
permanent file is grounds for 
11 disciplinary action. The
Department, upon receipt of a 
12 report, shall have the authority
to make any investigation 
13 it considers appropriate into any
occurrence in which an 
14 employee's weapon was discharged and to
take disciplinary 
15 action as may be appropriate.

16  (5) A copy of the employee's permanent employee 
17 registration card or a copy of the Department's "License 
18 Lookup" Webpage showing that the employee has been issued a 
19 valid permanent employee registration card by the 
20 Department. 

21 The Department may, by rule, prescribe further
record 
22requirements.

23 (f) Every employer shall furnish an employee

24identification card to each of his or her employees. This

25employee identification card shall contain a recent photograph

26of the employee, the employee's name, the name and agency

 
 
SB3057- 47 -LRB100 16603 SLF 31739 b


1license number of the employer, the employee's personal

2description, the signature of the employer, the signature of

3that employee, the date of issuance, and an employee

4identification card number.

5 (g) No employer may issue an employee identification
card 
6to any person who is not employed by the employer in
accordance 
7with this Section or falsely state or represent
that a person 
8is or has been in his or her employ. It is
unlawful for an 
9applicant for registered employment to file
with the Department 
10the fingerprints of a person other than
himself or herself.

11 (h) Every employer shall obtain the identification card
of 
12every employee who terminates employment with him or her.

13 (i) Every employer shall maintain a separate roster of
the 
14names of all employees currently working in an armed
capacity 
15and submit the roster to the Department on request.

16 (j) No agency may employ any person to perform a
licensed 
17activity under this Act unless the person possesses a
valid 
18permanent employee registration card or a valid license
under 
19this Act, or is exempt pursuant to subsection (n).

20 (k) Notwithstanding the provisions of subsection (j), an

21agency may employ a person in a temporary capacity if all of

22the following conditions are met:

23  (1) The agency completes in its entirety and
submits to 
24 the Department an application for a permanent
employee 
25 registration card, including the required fingerprint

26 receipt and fees.

 
 
SB3057- 48 -LRB100 16603 SLF 31739 b


1  (2) The agency has verification from the Department

2 that the applicant has no record of any criminal conviction

3 pursuant to the criminal history check conducted by the

4 Department of State Police. The agency shall maintain the

5 verification of the results of the Department of State 
6 Police
criminal history check as part of the employee 
7 record as
required under subsection (e) of this Section.

8  (3) The agency exercises due diligence to ensure
that 
9 the person is qualified under the requirements of the Act

10 to be issued a permanent employee registration card.

11  (4) The agency maintains a separate roster of the
names 
12 of all employees whose applications are currently
pending 
13 with the Department and submits the roster to the

14 Department on a monthly basis. Rosters are to be maintained

15 by the agency for a period of at least 24 months.

16 An agency may employ only a permanent employee applicant

17for which it either submitted a permanent employee application

18and all required forms and fees or it confirms with the

19Department that a permanent employee application and all

20required forms and fees have been submitted by another agency,

21licensee or the permanent employee and all other requirements

22of this Section are met.

23 The Department shall have the authority to revoke,
without 
24a hearing, the temporary authority of an individual to
work 
25upon receipt of Federal Bureau of Investigation
fingerprint 
26data or a report of another official authority
indicating a 
 
 
SB3057- 49 -LRB100 16603 SLF 31739 b


1criminal conviction. If the Department has not
received a 
2temporary employee's Federal Bureau of
Investigation 
3fingerprint data within 120 days of the date the
Department 
4received the Department of State Police fingerprint
data, the 
5Department may, at its discretion, revoke the
employee's 
6temporary authority to work with 15 days written
notice to the 
7individual and the employing agency.

8 An agency may not employ a person in a temporary capacity

9if it knows or reasonably should have known that the person
has 
10been convicted of a crime under the laws of this State,
has 
11been convicted in another state of any crime that is a
crime 
12under the laws of this State, has been convicted of any
crime 
13in a federal court, or has been posted as an unapproved

14applicant by the Department. Notice by the Department to the

15agency, via certified mail, personal delivery, electronic

16mail, or posting on the Department's Internet site accessible

17to the agency that the person has been convicted of a crime

18shall be deemed constructive knowledge of the conviction on
the 
19part of the agency. The Department may adopt rules to
implement 
20this
subsection (k).

21 (l) No person may be employed under this Section in any

22capacity if:

23  (1) the person, while so employed, is being paid by
the 
24 United States or any political subdivision for the time so

25 employed in addition to any payments he or she may receive

26 from the employer; or

 
 
SB3057- 50 -LRB100 16603 SLF 31739 b


1  (2) the person wears any portion of his or her
official 
2 uniform, emblem of authority, or equipment while so

3 employed.

4 (m) If information is discovered affecting the

5registration of a person whose fingerprints were submitted

6under this Section, the Department shall so notify the agency

7that submitted the fingerprints on behalf of that person.

8 (n) Peace officers shall be exempt from the requirements
of 
9this Section relating to permanent employee registration

10cards. The agency shall remain responsible for any peace

11officer employed under this exemption, regardless of whether

12the peace officer is compensated as an employee or as an

13independent contractor and as further defined by rule.

14 (o) Persons who have no access to confidential or
security 
15information, who do not go to a client's or prospective 
16client's residence or place of business, and who otherwise do 
17not provide
traditional security services are exempt from 
18employee
registration. Examples of exempt employees include, 
19but are
not limited to, employees working in the capacity of 
20ushers,
directors, ticket takers, cashiers, drivers, and 
21reception
personnel. Confidential or security information is 
22that which
pertains to employee files, scheduling, client 
23contracts, or
technical security and alarm data.

24 (p) An applicant who is 21 years of age or older seeking a 
25religious exemption to the photograph requirement of this 
26Section shall furnish with the application an approved copy of 
 
 
SB3057- 51 -LRB100 16603 SLF 31739 b


1United States Department of the Treasury Internal Revenue 
2Service Form 4029. Regardless of age, an applicant seeking a 
3religious exemption to this photograph requirement shall 
4submit fingerprints in a form and manner prescribed by the 
5Department with his or her application in lieu of a photograph. 
6(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)





7 (225 ILCS 447/35-35)



8 (Section scheduled to be repealed on January 1, 2024)

9 Sec. 35-35. Requirement of a firearm control
card. 

10 (a) No person shall perform duties that include the use,

11carrying, or possession of a firearm in the performance of

12those duties without complying with the provisions of this

13Section and having been issued a valid firearm control
card by 
14the Department.

15 (b) No employer shall employ any person to perform the

16duties for which licensure or employee registration is required 
17and allow
that person to carry a firearm unless that person has 
18complied
with all the firearm training requirements of this 
19Section and
has been issued a firearm control card. This Act

20permits only the following to carry firearms while actually

21engaged in the performance of their duties or while commuting

22directly to or from their places of employment: persons

23licensed as private detectives and their registered employees;

24persons licensed as private security contractors and their

25registered employees; persons licensed as private alarm

 
 
SB3057- 52 -LRB100 16603 SLF 31739 b


1contractors and their registered employees; and employees of a

2registered armed proprietary security force.

3 (c) Possession of a valid firearm control
card
allows a 
4licensee or employee to carry a firearm not otherwise 
5prohibited
by law while the licensee or employee is engaged in 
6the performance of his
or her duties or while the licensee or 
7employee is commuting directly to
or from the licensee's or 
8employee's place or places of employment.

9 (d) The Department shall issue a firearm control
card to a 
10person who has passed an approved firearm training
course, who 
11is currently licensed or employed by an agency licensed by
this 
12Act and has met all the requirements of this Act, and who is 
13not prohibited under State or federal law from possessing a 
14firearm
possesses a valid firearm owner identification card.

15Application for the firearm control card shall be made
by the 
16employer to the Department on forms provided by the
Department. 
17The Department shall forward the card to the
employer who shall 
18be responsible for its issuance to the licensee or
employee. 
19The firearm control card shall be issued by
the Department and 
20shall identify the person holding it and
the name of the course 
21where the licensee or employee received firearm
instruction and 
22shall specify the type of weapon or weapons
the person is 
23authorized by the Department to carry and for
which the person 
24has been trained.

25 (e) Expiration and requirements for renewal of firearm 
26control cards shall be determined by rule.

 
 
SB3057- 53 -LRB100 16603 SLF 31739 b


1 (f) The Department may, in addition to any other

2disciplinary action permitted by this Act, refuse to issue,

3suspend, or revoke a firearm control card if the
applicant or 
4holder has been convicted of any felony or crime
involving the 
5illegal use, carrying, or possession of a deadly
weapon or for 
6a violation of this Act or rules adopted promulgated
under this 
7Act. The Department shall refuse to issue or shall
revoke a 
8firearm control card if the applicant or holder is prohibited 
9under State or federal law from possessing a firearm
fails to 
10possess a valid firearm owners identification card without 
11hearing.
The Secretary shall summarily suspend a firearm 
12control
card if the Secretary finds that its continued use 
13would
constitute an imminent danger to the public. A hearing 
14shall
be held before the Board within 30 days if the Secretary

15summarily suspends a firearm control card.

16 (g) Notwithstanding any other provision of this Act to the

17contrary, all requirements relating to firearms control
cards 
18do not apply to a peace officer.

19 (h) The Department may issue a temporary firearm control 
20card pending issuance of a new firearm control card upon an 
21agency's acquiring of an established armed account. An agency 
22that has acquired armed employees as a result of acquiring an 
23established armed account may, on forms supplied by the 
24Department, request the issuance of a temporary firearm control 
25card for each acquired employee who held a valid firearm 
26control card under his or her employment with the newly 
 
 
SB3057- 54 -LRB100 16603 SLF 31739 b


1acquired established armed account immediately preceding the 
2acquiring of the account and who continues to meet all of the 
3qualifications for issuance of a firearm control card set forth 
4in this Act and any rules adopted under this Act. The 
5Department shall, by rule, set the fee for issuance of a 
6temporary firearm control card.

7 (i) The Department shall not issue a firearm control card 
8to a licensed fingerprint vendor or a licensed locksmith or 
9employees of a licensed fingerprint vendor agency or a licensed 
10locksmith agency.

11(Source: P.A. 98-253, eff. 8-9-13.)


12 Section 50. The Mental Health and Developmental 
13Disabilities Code is amended by changing Sections 6-103.1, 
146-103.2, and 6-103.3 as follows:

15 (405 ILCS 5/6-103.1)
16 Sec. 6-103.1. Adjudication as a person with a mental 
17disability. When a person has been adjudicated as a person with 
18a mental disability as defined in Section 1.1 of the Firearm 
19Owners Identification Card Act, including, but not limited to, 
20an adjudication as a person with a disability as defined in 
21Section 11a-2 of the Probate Act of 1975, the court shall 
22direct
the circuit court clerk to notify the
Department of 
23State Police, Firearm Owner's Identification
(FOID) Office, in 
24a form and manner prescribed by the Department of State Police, 
 
 
SB3057- 55 -LRB100 16603 SLF 31739 b


1and shall forward a copy of the court order to the Department 
2no later than 7 days after the entry of the order. Upon receipt 
3of the order, the Department of State Police shall provide 
4notification to the National Instant Criminal Background Check 
5System. In this Section, "has been adjudicated as a mentally 
6disabled person" means the person is the subject of a 
7determination by a court, board, commission, or other lawful 
8authority that the person, as a result of marked subnormal 
9intelligence, or mental illness, mental impairment, 
10incompetency, condition, or disease:

11  (1) presents a clear and present danger to himself, 
12 herself, or to others; 

13  (2) lacks the mental capacity to manage his or her own 
14 affairs or is adjudicated a disabled person as defined in 
15 Section 11a-2 of the Probate Act of 1975;
16  (3) is not guilty in a criminal case by reason of 
17 insanity, mental disease or defect;
18  (3.5) is guilty but mentally ill, as provided in 
19 Section 5-2-6 of the Unified Code of Corrections; 
20  (4) is incompetent to stand trial in a criminal case;
21  (5) is not guilty by reason of lack of mental 
22 responsibility under Articles 50a and 72b of the Uniform 
23 Code of Military Justice, 10 U.S.C. 850a, 876b;
24  (6) is a sexually violent person under subsection (f) 
25 of Section 5 of the Sexually Violent Persons Commitment 
26 Act;
 
 
SB3057- 56 -LRB100 16603 SLF 31739 b


1  (7) is a sexually dangerous person under the Sexually 
2 Dangerous Persons Act;
3  (8) is unfit to stand trial under the Juvenile Court 
4 Act of 1987;
5  (9) is not guilty by reason of insanity under the

6 Juvenile Court Act of 1987;
7  (10) is subject to involuntary admission as an

8 inpatient as defined in Section 1-119 of this Code;
9  (11) is subject to involuntary admission as an

10 outpatient as defined in Section 1-119.1 of this Code;
11  (12) is subject to judicial admission as set forth in

12 Section 4-500 of this Code; or
13  (13) is subject to the provisions of the Interstate

14 Agreements on Sexually Dangerous Persons Act. 
15(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

16 (405 ILCS 5/6-103.2)
17 Sec. 6-103.2. Developmental disability; notice. If a 
18person 14 years old or older is determined to be a person with 
19a developmental disability by a physician, clinical 
20psychologist, or qualified examiner, the physician, clinical 
21psychologist, or qualified examiner shall notify the 
22Department of Human Services within 7 days of making the 
23determination that the person has a developmental disability. 
24The Department of Human Services shall immediately update its 
25records and information relating to mental health and 
 
 
SB3057- 57 -LRB100 16603 SLF 31739 b


1developmental disabilities, and if appropriate, shall notify 
2the Department of State Police in a form and manner prescribed 
3by the Department of State Police. Information disclosed under 
4this Section shall remain privileged and confidential, and 
5shall not be redisclosed, except as required under clause 
6(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
7subsection (e) of Section 3.1 of the Firearm Owners 
8Identification Card Act, nor used for any other purpose. The 
9method of providing this information shall guarantee that the 
10information is not released beyond that which is necessary for 
11the purpose of this Section and shall be provided by rule by 
12the Department of Human Services. The identity of the person 
13reporting under this Section shall not be disclosed to the 
14subject of the report.
15 The physician, clinical psychologist, or qualified 
16examiner making the determination and his or her employer may 
17not be held criminally, civilly, or professionally liable for 
18making or not making the notification required under this 
19Section, except for willful or wanton misconduct.

20 In this Section, "developmentally disabled" has the 
21meaning ascribed to it in Section 12 of the Mental Health and 
22Developmental Disabilities Confidentiality Act. 
23 For purposes of this Section, "developmental disability" 
24means a disability which is attributable to any other condition 
25which results in impairment similar to that caused by an 
26intellectual disability and which requires services similar to 
 
 
SB3057- 58 -LRB100 16603 SLF 31739 b


1those required by intellectually disabled persons. The 
2disability must originate before the age of 18 years, be 
3expected to continue indefinitely, and constitute a 
4substantial disability. This disability results, in the 
5professional opinion of a physician, clinical psychologist, or 
6qualified examiner, in significant functional limitations in 3 
7or more of the following areas of major life activity:
8  (i) self-care;
9  (ii) receptive and expressive language;
10  (iii) learning;
11  (iv) mobility; or
12  (v) self-direction.
13 "Determined to be a person with a developmental disability 
14by a physician, clinical psychologist, or qualified examiner" 
15means in the professional opinion of the physician, clinical 
16psychologist, or qualified examiner, a person is diagnosed, 
17assessed, or evaluated as having a developmental disability. 
18(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
19eff. 7-27-15; 99-642, eff. 7-28-16.)

20 (405 ILCS 5/6-103.3)
21 Sec. 6-103.3. Clear and present danger; notice. If a person 
22is determined to pose a clear and present danger to himself, 
23herself, or to others by a physician, clinical psychologist, or 
24qualified examiner, whether employed by the State, by any 
25public or private mental health facility or part thereof, or by 
 
 
SB3057- 59 -LRB100 16603 SLF 31739 b


1a law enforcement official or a school administrator, then the 
2physician, clinical psychologist, qualified examiner shall 
3notify the Department of Human Services and a law enforcement 
4official or school administrator shall notify the Department of 
5State Police, within 24 hours of making the determination that 
6the person poses a clear and present danger. The Department of 
7Human Services shall immediately update its records and 
8information relating to mental health and developmental 
9disabilities, and if appropriate, shall notify the Department 
10of State Police in a form and manner prescribed by the 
11Department of State Police. Information disclosed under this 
12Section shall remain privileged and confidential, and shall not 
13be redisclosed, except as required under clause (e)(2) of 
14Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
15Section 3.1 of the Firearm Owners Identification Card Act, nor 
16used for any other purpose. The method of providing this 
17information shall guarantee that the information is not 
18released beyond that which is necessary for the purpose of this 
19Section and shall be provided by rule by the Department of 
20Human Services. The identity of the person reporting under this 
21Section shall not be disclosed to the subject of the report. 
22The physician, clinical psychologist, qualified examiner, law 
23enforcement official, or school administrator making the 
24determination and his or her employer shall not be held 
25criminally, civilly, or professionally liable for making or not 
26making the notification required under this Section, except for 
 
 
SB3057- 60 -LRB100 16603 SLF 31739 b


1willful or wanton misconduct. This Section does not apply to a 
2law enforcement official, if making the notification under this 
3Section will interfere with an ongoing or pending criminal 
4investigation.
5 For the purposes of this Section:
6  "Clear and present danger" means a person who:
7   (1) communicates a serious threat of physical

8 violence against a reasonably identifiable victim or 
9 poses a clear and imminent risk of serious physical 
10 injury to himself, herself, or another person as 
11 determined by a physician, clinical psychologist, or 
12 qualified examiner; or
13   (2) demonstrates threatening physical or verbal

14 behavior, such as violent, suicidal, or assaultive 
15 threats, actions, or other behavior, as determined by a 
16 physician, clinical psychologist, qualified examiner, 
17 school administrator, or law enforcement official. 
18  "Physician", "clinical psychologist", and "qualified 
19 examiner" have the meanings ascribed to them in this Code 
20 has the meaning ascribed to it in Section 1.1 of the 
21 Firearm Owners Identification Card Act.
22  "Determined to pose a clear and present danger to 
23 himself, herself, or to others by a physician, clinical 
24 psychologist, or qualified examiner" means in the 
25 professional opinion of the physician, clinical 
26 psychologist, or qualified examiner, a person poses a clear 
 
 
SB3057- 61 -LRB100 16603 SLF 31739 b


1 and present danger. 
2  "School administrator" means the person required to 
3 report under the School Administrator Reporting of Mental 
4 Health Clear and Present Danger Determinations Law.

5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

6 Section 55. The Lead Poisoning Prevention Act is amended by 
7changing Section 2 as follows:



8 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


9 Sec. 2. Definitions. As used in this Act:

10 "Child care facility" means any structure used by a child 
11care
provider licensed by the Department of Children and Family 
12Services or
public or private school structure frequented by 
13children 6 years of
age or younger.

14 "Childhood Lead Risk Questionnaire" means the 
15questionnaire developed by the Department for use by physicians 
16and other health care providers to determine risk factors for 
17children 6 years of age or younger residing in areas designated 
18as low risk for lead exposure.
19 "Delegate agency" means a unit of local government or 
20health
department approved by the Department to carry out the 
21provisions of this Act.

22 "Department" means the Department of Public Health.

23 "Director" means the Director of Public Health. 

24 "Dwelling unit" means an individual unit within a 
 
 
SB3057- 62 -LRB100 16603 SLF 31739 b


1residential building used as living quarters for one household. 
2 "Elevated blood lead level" means a blood lead level in 
3excess of those considered within the permissible limits as 
4established under State and federal rules. 
5 "Exposed surface" means any interior or exterior surface of

6a regulated facility. 
7 "High risk area" means an area in the State determined by 
8the Department to
be high risk for lead exposure for children 6 
9years of age or younger. The
Department may consider, but is 
10not limited to, the following factors to
determine a high risk 
11area: age and condition (using Department of Housing and
Urban

12Development definitions of "slum" and "blighted") of housing, 
13proximity to
highway traffic or heavy local traffic or both, 
14percentage of housing
determined as rental or vacant, proximity 
15to industry using lead, established
incidence of elevated blood 
16lead levels in children, percentage of population
living
below 
17200% of federal poverty guidelines, and number of children 
18residing in
the area who are 6 years of age or younger.

19 "Lead abatement" means any approved work practices that 
20will permanently eliminate lead exposure or remove the 
21lead-bearing substances in a regulated facility. The 
22Department shall establish by rule which work practices are 
23approved or prohibited for lead abatement. 
24 "Lead abatement contractor" means any person or entity 
25licensed by the
Department to perform lead abatement and 
26mitigation.

 
 
SB3057- 63 -LRB100 16603 SLF 31739 b


1 "Lead abatement supervisor" means any person employed by a 
2lead abatement contractor and licensed by the Department to 
3perform lead abatement and lead mitigation and to supervise 
4lead workers who perform lead abatement and lead mitigation. 
5 "Lead abatement worker" means any person employed by a lead 
6abatement
contractor and licensed by the Department to perform 
7lead abatement and
mitigation.

8 "Lead activities" means the conduct of any lead services, 
9including, lead inspection, lead risk assessment, lead 
10mitigation, or lead abatement work or supervision in a 
11regulated facility. 
12 "Lead-bearing substance" means any item containing or 
13coated with lead such that the lead content is more than 
14six-hundredths of one percent (0.06%) lead by total weight; or 
15any dust on surfaces or in
furniture or other nonpermanent 
16elements of the regulated facility; or any paint or
other 
17surface coating material containing more than five-tenths of 
18one
percent (0.5%) lead by total weight (calculated as lead 
19metal) in the total
non-volatile content of liquid paint; or 
20lead-bearing substances containing
greater than one milligram 
21per square centimeter or any lower standard for
lead content in 
22residential paint as may be established by federal law or rule; 
23or more than 1 milligram per square centimeter in the dried

24film of paint or previously applied substance; or item or dust 
25on item containing lead in
excess of the amount specified in 
26the rules authorized by
this Act or a lower standard for lead 
 
 
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1content as may be established by
federal law or rule. 
2"Lead-bearing substance" does not include firearm ammunition 
3or components as defined by Section 2-7.1 of the Criminal Code 
4of 2012 the Firearm Owners Identification Card Act.

5 "Lead hazard" means a lead-bearing substance that poses an

6immediate health hazard to humans.

7 "Lead hazard screen" means a lead risk assessment that 
8involves limited dust and paint sampling for lead-bearing 
9substances and lead hazards. This service is used as a 
10screening tool designed to determine if further lead 
11investigative services are required for the regulated 
12facility.
13 "Lead inspection" means a surface-by-surface investigation 
14to determine the presence of lead-based paint.
15 "Lead inspector" means an individual who has been trained 
16by a Department-approved training program and is licensed by 
17the Department to conduct lead inspections; to sample for the 
18presence of lead in paint, dust, soil, and water; and to 
19conduct compliance investigations. 
20 "Lead mitigation" means the remediation, in a
manner 
21described in Section 9, of a lead hazard so that the

22lead-bearing substance does not pose an immediate
health hazard 
23to humans. 
24 "Lead poisoning" means the condition of having blood lead 
25levels in
excess of those considered safe under State and 
26federal rules.

 
 
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1 "Lead risk assessment" means an on-site investigation to 
2determine the existence, nature, severity, and location of lead 
3hazards. "Lead risk assessment" includes any lead sampling and 
4visual assessment associated with conducting a lead risk 
5assessment and lead hazard screen and all lead sampling 
6associated with compliance investigations.
7 "Lead risk assessor" means an individual who has been 
8trained by a Department-approved training program and is 
9licensed by the Department to conduct lead risk assessments, 
10lead inspections, and lead hazard screens; to sample for the 
11presence of lead in paint, dust, soil, water, and sources for 
12lead-bearing substances; and to conduct compliance 
13investigations.
14 "Lead training program provider" means any person 
15providing Department-approved lead training in Illinois to 
16individuals seeking licensure in accordance with the Act. 
17 "Low risk area" means an area in the State determined by

18the Department to be low risk for lead exposure for children 6 
19years of age or younger. The Department may consider the 
20factors named in "high risk area" to determine low
risk areas. 
21 "Owner" means any person, who alone, jointly, or severally 
22with
others:

23  (a) Has legal title to any regulated facility, with or

24 without actual possession of the regulated facility, or

25  (b) Has charge, care, or control of the regulated 
26 facility as owner or agent of the owner, or as executor, 
 
 
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1 administrator,
trustee, or guardian of the estate of the 
2 owner.

3 "Person" means any individual, partnership, firm, company, 
4limited liability company, corporation, association, joint 
5stock company, trust, estate, political subdivision, State 
6agency, or any other legal entity, or their legal 
7representative, agent, or assign.

8 "Regulated facility" means a residential building or child 
9care facility. 
10 "Residential building" means any room, group of rooms, or 
11other
interior areas of a structure designed or used for human 
12habitation; common
areas accessible by inhabitants; and the 
13surrounding property or structures.

14(Source: P.A. 98-690, eff. 1-1-15.)



15 (430 ILCS 65/Act rep.)

16 Section 60. The Firearm Owners Identification Card Act is 
17repealed.

18 Section 65. The Firearm Concealed Carry Act is amended by 
19changing Sections 25, 30, 40, 70, 80, and 105 as follows:

20 (430 ILCS 66/25)

21 Sec. 25. Qualifications for a license. 
22 The Department shall issue a license to an applicant 
23completing an application in accordance with Section 30 of this 
 
 
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1Act if the person:
2  (1) is at least 21 years of age;
3  (2) has a currently valid Firearm Owner's 
4 Identification Card and at the time of application meets 
5 the requirements for the issuance of a Firearm Owner's 
6 Identification Card and is not prohibited under State or 
7 the Firearm Owners Identification Card Act or federal law 
8 from possessing or receiving a firearm;
9  (3) has not been convicted or found guilty in this 
10 State or in any other state of:
11   (A) a misdemeanor involving the use or threat of 
12 physical force or violence to any person within the 5 
13 years preceding the date of the license application; or
14   (B) 2 or more violations related to driving while 
15 under the influence of alcohol, other drug or drugs, 
16 intoxicating compound or compounds, or any combination 
17 thereof, within the 5 years preceding the date of the 
18 license application;
19  (4) is not the subject of a pending arrest warrant, 
20 prosecution, or proceeding for an offense or action that 
21 could lead to disqualification to own or possess a firearm;
22  (5) has not been in residential or court-ordered 
23 treatment for alcoholism, alcohol detoxification, or drug 
24 treatment within the 5 years immediately preceding the date 
25 of the license application; and
26  (6) has completed firearms training and any education 
 
 
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1 component required under Section 75 of this Act.

2(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

3 (430 ILCS 66/30)

4 Sec. 30. Contents of license application. 
5 (a) The license application shall be in writing, under 
6penalty of perjury, on a standard form adopted by the 
7Department and shall be accompanied by the documentation 
8required in this Section and the applicable fee. Each 
9application form shall include the following statement printed 
10in bold type: "Warning: Entering false information on this form 
11is punishable as perjury under Section 32-2 of the Criminal 
12Code of 2012."
13 (b) The application shall contain the following:
14  (1) the applicant's name, current address, date and 
15 year of birth, place of birth, height, weight, hair color, 
16 eye color, maiden name or any other name the applicant has 
17 used or identified with, and any address where the 
18 applicant resided for more than 30 days within the 10 years 
19 preceding the date of the license application;
20  (2) the applicant's valid driver's license number or 
21 valid state identification card number;
22  (3) a waiver of the applicant's privacy and 
23 confidentiality rights and privileges under all federal 
24 and state laws, including those limiting access to juvenile 
25 court, criminal justice, psychological, or psychiatric 
 
 
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1 records or records relating to any institutionalization of 
2 the applicant, and an affirmative request that a person 
3 having custody of any of these records provide it or 
4 information concerning it to the Department. The waiver 
5 only applies to records sought in connection with 
6 determining whether the applicant qualifies for a license 
7 to carry a concealed firearm under this Act, or whether the 
8 applicant remains in compliance with the Firearm Owners 
9 Identification Card Act;
10  (4) an affirmation that the applicant is not prohibited 
11 under State or federal law from possessing or receiving a 
12 firearm possesses a currently valid Firearm Owner's 
13 Identification Card and card number if possessed or notice 
14 the applicant is applying for a Firearm Owner's 
15 Identification Card in conjunction with the license 
16 application;
17  (5) an affirmation that the applicant has not been 
18 convicted or found guilty of:
19   (A) a felony;
20   (B) a misdemeanor involving the use or threat of 
21 physical force or violence to any person within the 5 
22 years preceding the date of the application; or
23   (C) 2 or more violations related to driving while 
24 under the influence of alcohol, other drug or drugs, 
25 intoxicating compound or compounds, or any combination 
26 thereof, within the 5 years preceding the date of the 
 
 
SB3057- 70 -LRB100 16603 SLF 31739 b


1 license application; and
2  (6) whether the applicant has failed a drug test for a 
3 drug for which the applicant did not have a prescription, 
4 within the previous year, and if so, the provider of the 
5 test, the specific substance involved, and the date of the 
6 test;
7  (7) written consent for the Department to review and 
8 use the applicant's Illinois digital driver's license or 
9 Illinois identification card photograph and signature;
10  (8) a full set of fingerprints submitted to the 
11 Department in electronic format, provided the Department 
12 may accept an application submitted without a set of 
13 fingerprints in which case the Department shall be granted 
14 30 days in addition to the 90 days provided under 
15 subsection (e) of Section 10 of this Act to issue or deny a 
16 license;
17  (9) a head and shoulder color photograph in a size 
18 specified by the Department taken within the 30 days 
19 preceding the date of the license application; and
20  (10) a photocopy of any certificates or other evidence 
21 of compliance with the training requirements under this 
22 Act.

23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

24 (430 ILCS 66/40)

25 Sec. 40. Non-resident license applications. 
 
 
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1 (a) For the purposes of this Section, "non-resident" means 
2a person who has not resided within this State for more than 30 
3days and resides in another state or territory.
4 (b) The Department shall by rule allow for non-resident 
5license applications from any state or territory of the United 
6States with laws related to firearm ownership, possession, and 
7carrying, that are substantially similar to the requirements to 
8obtain a license under this Act.
9 (c) A resident of a state or territory approved by the 
10Department under subsection (b) of this Section may apply for a 
11non-resident license. The applicant shall apply to the 
12Department and must meet all of the qualifications established 
13in Section 25 of this Act, except for the Illinois residency 
14requirement in item (xiv) of paragraph (2) of subsection (a) of 
15Section 4 of the Firearm Owners Identification Card Act. The 
16applicant shall submit:
17  (1) the application and documentation required under 
18 Section 30 of this Act and the applicable fee;
19  (2) a notarized document stating that the applicant:
20   (A) is eligible under federal law and the laws of 
21 his or her state or territory of residence to own or 
22 possess a firearm;
23   (B) if applicable, has a license or permit to carry 
24 a firearm or concealed firearm issued by his or her 
25 state or territory of residence and attach a copy of 
26 the license or permit to the application;
 
 
SB3057- 72 -LRB100 16603 SLF 31739 b


1   (C) understands Illinois laws pertaining to the 
2 possession and transport of firearms; and
3   (D) acknowledges that the applicant is subject to 
4 the jurisdiction of the Department and Illinois courts 
5 for any violation of this Act;
6  (3) a photocopy of any certificates or other evidence 
7 of compliance with the training requirements under Section 
8 75 of this Act; and
9  (4) a head and shoulder color photograph in a size 
10 specified by the Department taken within the 30 days 
11 preceding the date of the application.
12 (d) In lieu of an Illinois driver's license or Illinois 
13identification card, a non-resident applicant shall provide 
14similar documentation from his or her state or territory of 
15residence. The applicant shall submit In lieu of a valid 
16Firearm Owner's Identification Card, the applicant shall 
17submit documentation and information required by the 
18Department to obtain a Firearm Owner's Identification Card, 
19including an affidavit that the non-resident meets the mental 
20health standards to obtain a firearm under Illinois law, and 
21the Department shall ensure that the applicant would meet the 
22eligibility criteria under State law to possess a firearm to 
23obtain a Firearm Owner's Identification card if he or she was a 
24resident of this State.
25 (e) Nothing in this Act shall prohibit a non-resident from 
26transporting a concealed firearm within his or her vehicle in 
 
 
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1Illinois, if the concealed firearm remains within his or her 
2vehicle and the non-resident:
3  (1) is not prohibited from owning or possessing a 
4 firearm under federal law;
5  (2) is eligible to carry a firearm in public under the 
6 laws of his or her state or territory of residence, as

7 evidenced by the possession of a concealed carry license or 
8 permit issued by his or her state of residence, if

9 applicable; and
10  (3) is not in possession of a license under this Act.
11 If the non-resident leaves his or her vehicle unattended, 
12he or she shall store the firearm within a locked vehicle or 
13locked container within the vehicle in accordance with 
14subsection (b) of Section 65 of this Act.

15(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
16eff. 7-20-15.)

17 (430 ILCS 66/70)

18 Sec. 70. Violations. 
19 (a) A license issued or renewed under this Act shall be 
20revoked if, at any time, the licensee is found to be ineligible 
21for a license under this Act or the licensee is prohibited from 
22possessing a firearm under State or federal law no longer meets 
23the eligibility requirements of the Firearm Owners 
24Identification Card Act.
25 (b) A license shall be suspended if an order of protection, 
 
 
SB3057- 74 -LRB100 16603 SLF 31739 b


1including an emergency order of protection, plenary order of 
2protection, or interim order of protection under Article 112A 
3of the Code of Criminal Procedure of 1963 or under the Illinois 
4Domestic Violence Act of 1986, is issued against a licensee for 
5the duration of the order, or if the Department is made aware 
6of a similar order issued against the licensee in any other 
7jurisdiction. If an order of protection is issued against a 
8licensee, the licensee shall surrender the license, as 
9applicable, to the court at the time the order is entered or to 
10the law enforcement agency or entity serving process at the 
11time the licensee is served the order. The court, law 
12enforcement agency, or entity responsible for serving the order 
13of protection shall notify the Department within 7 days and 
14transmit the license to the Department.
15 (c) A license is invalid upon expiration of the license, 
16unless the licensee has submitted an application to renew the 
17license, and the applicant is otherwise eligible to possess a 
18license under this Act.
19 (d) A licensee shall not carry a concealed firearm while 
20under the influence of alcohol, other drug or drugs, 
21intoxicating compound or combination of compounds, or any 
22combination thereof, under the standards set forth in 
23subsection (a) of Section 11-501 of the Illinois Vehicle Code.
24 A licensee in violation of this subsection (d) shall be 
25guilty of a Class A misdemeanor for a first or second violation 
26and a Class 4 felony for a third violation. The Department may 
 
 
SB3057- 75 -LRB100 16603 SLF 31739 b


1suspend a license for up to 6 months for a second violation and 
2shall permanently revoke a license for a third violation.
3 (e) Except as otherwise provided, a licensee in violation 
4of this Act shall be guilty of a Class B misdemeanor. A second 
5or subsequent violation is a Class A misdemeanor. The 
6Department may suspend a license for up to 6 months for a 
7second violation and shall permanently revoke a license for 3 
8or more violations of Section 65 of this Act. Any person 
9convicted of a violation under this Section shall pay a $150 
10fee to be deposited into the Mental Health Reporting Fund, plus 
11any applicable court costs or fees.
12 (f) A licensee convicted or found guilty of a violation of 
13this Act who has a valid license and is otherwise eligible to 
14carry a concealed firearm shall only be subject to the 
15penalties under this Section and shall not be subject to the 
16penalties under Section 21-6, paragraph (4), (8), or (10) of 
17subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
18of paragraph (3) of subsection (a) of Section 24-1.6 of the 
19Criminal Code of 2012. Except as otherwise provided in this 
20subsection, nothing in this subsection prohibits the licensee 
21from being subjected to penalties for violations other than 
22those specified in this Act.
23 (g) A licensee whose license is revoked, suspended, or 
24denied shall, within 48 hours of receiving notice of the 
25revocation, suspension, or denial, surrender his or her 
26concealed carry license to the local law enforcement agency 
 
 
SB3057- 76 -LRB100 16603 SLF 31739 b


1where the person resides. The local law enforcement agency 
2shall provide the licensee a receipt and transmit the concealed 
3carry license to the Department of State Police. If the 
4licensee whose concealed carry license has been revoked, 
5suspended, or denied fails to comply with the requirements of 
6this subsection, the law enforcement agency where the person 
7resides may petition the circuit court to issue a warrant to 
8search for and seize the concealed carry license in the 
9possession and under the custody or control of the licensee 
10whose concealed carry license has been revoked, suspended, or 
11denied. The observation of a concealed carry license in the 
12possession of a person whose license has been revoked, 
13suspended, or denied constitutes a sufficient basis for the 
14arrest of that person for violation of this subsection. A 
15violation of this subsection is a Class A misdemeanor.
16 (h) (Blank). A license issued or renewed under this Act 
17shall be revoked if, at any time, the licensee is found 
18ineligible for a Firearm Owner's Identification Card, or the 
19licensee no longer possesses a valid Firearm Owner's 
20Identification Card. A licensee whose license is revoked under 
21this subsection (h) shall surrender his or her concealed carry 
22license as provided for in subsection (g) of this Section. 
23 This subsection shall not apply to a person who has filed 
24an application with the State Police for renewal of a Firearm

25Owner's Identification Card and who is not otherwise ineligible 
26to obtain a Firearm Owner's Identification Card.

 
 
SB3057- 77 -LRB100 16603 SLF 31739 b


1 (i) A certified firearms instructor who knowingly provides 
2or offers to provide a false certification that an applicant 
3has completed firearms training as required under this Act is 
4guilty of a Class A misdemeanor. A person guilty of a violation 
5of this subsection (i) is not eligible for court supervision. 
6The Department shall permanently revoke the firearms 
7instructor certification of a person convicted under this 
8subsection (i). 
9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
10eff. 8-15-14.)

11 (430 ILCS 66/80)
12 Sec. 80. Certified firearms instructors. 
13 (a) Within 60 days of the effective date of this Act, the 
14Department shall begin approval of certified firearms 
15instructors and enter certified firearms instructors into an 
16online registry on the Department's website.
17 (b) A person who is not a certified firearms instructor 
18shall not teach applicant training courses or advertise or 
19otherwise represent courses they teach as qualifying their 
20students to meet the requirements to receive a license under 
21this Act. Each violation of this subsection is a business 
22offense with a fine of at least $1,000 per violation.
23 (c) A person seeking to become a certified firearms 
24instructor shall:
25  (1) be at least 21 years of age;
 
 
SB3057- 78 -LRB100 16603 SLF 31739 b


1  (2) be a legal resident of the United States; and
2  (3) meet the requirements of Section 25 of this Act, 
3 except for the Illinois residency
requirement in item (xiv) 
4 of paragraph (2) of subsection (a) of Section 4 of the 
5 Firearm
Owners Identification Card Act; and any additional 
6 uniformly applied requirements established by the 
7 Department.
8 (d) A person seeking to become a certified firearms 
9instructor, in addition to the requirements of subsection (c) 
10of this Section, shall:
11  (1) possess a high school diploma or high school 
12 equivalency certificate; and
13  (2) have at least one of the following valid firearms 
14 instructor certifications:
15   (A) certification from a law enforcement agency;
16   (B) certification from a firearm instructor course 
17 offered by a State or federal governmental agency;
18   (C) certification from a firearm instructor 
19 qualification course offered by the Illinois Law 
20 Enforcement Training Standards Board; or
21   (D) certification from an entity approved by the 
22 Department that offers firearm instructor education 
23 and training in the use and safety of firearms.
24 (e) A person may have his or her firearms instructor 
25certification denied or revoked if he or she does not meet the 
26requirements to obtain a license under this Act, provides false 
 
 
SB3057- 79 -LRB100 16603 SLF 31739 b


1or misleading information to the Department, or has had a prior 
2instructor certification revoked or denied by the Department.

3(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, 
4eff. 1-1-15.)

5 (430 ILCS 66/105)

6 Sec. 105. Duty of school administrator. It is the duty of 
7the principal
of a public elementary or secondary school, or 
8his or her designee, and the
chief administrative officer of a 
9private elementary or secondary school or a
public or private 
10community college, college, or university, or his or her

11designee, to report to the Department of State Police when a 
12student is determined to pose a clear and present danger to 
13himself, herself, or to others, within 24 hours of
the 
14determination as provided in Section 6-103.3 of the Mental 
15Health and Developmental Disabilities Code. "Clear and present 
16danger" has the meaning as provided in paragraph (2) of the 
17definition of "clear and present danger" in Section 6-103.3 of 
18the Mental Health and Developmental Disabilities Code 1.1 of 
19the Firearm Owners Identification Card Act.

20(Source: P.A. 98-63, eff. 7-9-13.)

21 Section 70. The Wildlife Code is amended by changing 
22Sections 3.2 and 3.2a as follows:



23 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



 
 
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1 Sec. 3.2. Hunting license; application; instruction. 
2Before the
Department or any county, city, village, township, 
3incorporated town clerk
or his duly designated agent or any 
4other person authorized or designated
by the Department to 
5issue hunting licenses shall issue a hunting license
to any 
6person, the person shall file his application with the 
7Department or
other party authorized to issue licenses on a 
8form provided by the
Department and further give definite proof 
9of identity and place of legal
residence. Each clerk 
10designating agents to issue licenses and stamps
shall furnish 
11the Department, within 10 days following the appointment, the

12names and mailing addresses of the agents. Each clerk or his 
13duly
designated agent shall be authorized to sell licenses and 
14stamps only
within the territorial area for which he was 
15elected or appointed. No duly
designated agent is authorized to 
16furnish licenses or stamps for
issuance by any other business 
17establishment. Each
application shall be executed and sworn to 
18and shall set forth the name
and description of the applicant 
19and place of residence.

20 No hunting license shall be issued to any person born on or 
21after January
1,
1980
unless he presents the person authorized 
22to issue the license
evidence that he has held a hunting 
23license issued by the State of Illinois
or another state in a 
24prior year, or a certificate of competency as
provided in this 
25Section. Persons under 16 years of age may be issued a
Lifetime 
26Hunting or Sportsmen's Combination License as provided under 
 
 
SB3057- 81 -LRB100 16603 SLF 31739 b


1Section
20-45 of the Fish and Aquatic Life Code but shall not 
2be entitled to hunt
unless they have a certificate of 
3competency as provided in this Section and
they shall have the 
4certificate in their possession while hunting.

5 The Department of Natural Resources shall authorize

6personnel of the
Department or certified volunteer instructors 
7to conduct courses, of not
less than 10 hours in length, in 
8firearms and hunter safety, which may include
training in bow 
9and arrow safety, at regularly specified intervals throughout

10the State. Persons successfully completing the course shall 
11receive a
certificate of competency. The Department of Natural 
12Resources may further
cooperate with any reputable association 
13or organization in establishing
courses if the organization has 
14as one of its objectives the promotion of
safety in the 
15handling of firearms or bow and arrow.

16 The Department of Natural Resources shall designate any

17person found by it
to be competent to give instruction in the 
18handling of firearms, hunter
safety, and bow and arrow. The 
19persons so appointed shall give the
course of instruction and 
20upon the successful completion shall
issue to the person 
21instructed a certificate of competency in the safe
handling of 
22firearms, hunter safety, and bow and arrow. No charge shall
be 
23made for any course of instruction except for materials or 
24ammunition
consumed. The Department of Natural Resources shall

25furnish information on
the requirements of hunter safety 
26education programs to be distributed
free of charge to 
 
 
SB3057- 82 -LRB100 16603 SLF 31739 b


1applicants for hunting licenses by the persons
appointed and 
2authorized to issue licenses. Funds for the conducting of

3firearms and hunter safety courses shall be taken from the fee 
4charged
for the Firearm Owners Identification Card.

5 The fee for a hunting license to hunt all species for a 
6resident of
Illinois is $12. For residents age 65 or older, 
7and, commencing with the 2012 license year, resident veterans 
8of the United States Armed Forces after returning from service 
9abroad or mobilization by the President of the United States, 
10the fee is one-half of the
fee charged for a hunting license to 
11hunt all species for a resident of
Illinois. Veterans must 
12provide to the Department, at one of the Department's 5 
13regional offices, verification of their service. The 
14Department shall establish what constitutes suitable 
15verification of service for the purpose of issuing resident 
16veterans hunting
licenses at a reduced fee. The fee for a 
17hunting license to hunt all species shall be $1 for residents 
18over 75 years of age. Nonresidents shall be charged $57 for a 
19hunting license.

20 Nonresidents may be issued a nonresident hunting license 
21for a
period not to exceed 10 consecutive days' hunting in the 
22State and shall
be charged a fee of $35.

23 A special nonresident hunting license authorizing a 
24nonresident to
take game birds by hunting on a game breeding 
25and hunting preserve
area only, established under Section 3.27, 
26shall be issued upon proper
application being made and payment 
 
 
SB3057- 83 -LRB100 16603 SLF 31739 b


1of a fee equal to that for a resident
hunting license. The 
2expiration date of this license shall be on the same
date each 
3year that game breeding and hunting preserve
area licenses 
4expire.

5 Each applicant for a State Migratory Waterfowl Stamp, 
6regardless of
his residence or other condition, shall pay a fee 
7of $15 and
shall receive a stamp. The fee for a State Migratory 
8Waterfowl Stamp shall be waived for residents over 75 years of 
9age. Except as provided under
Section 20-45 of the Fish and 
10Aquatic Life Code,
the stamp shall be signed by the person or 
11affixed to his license
or permit in a space designated by the 
12Department for that purpose.

13 Each applicant for a State Habitat Stamp, regardless of his 
14residence
or other condition, shall pay a fee of $5 and shall 
15receive a
stamp. The fee for a State Habitat Stamp shall be 
16waived for residents over 75 years of age. Except as provided 
17under Section 20-45 of the Fish and Aquatic Life
Code, the 
18stamp shall be signed by the person or affixed to his license 
19or
permit in a space designated by the Department for that 
20purpose.

21 Nothing in this Section shall be construed as to require 
22the purchase
of more than one State Habitat Stamp by any person 
23in any one license year.

24 The fees for State Pheasant Stamps and State Furbearer 
25Stamps shall be waived for residents over 75 years of age. 
26 The Department shall furnish the holders of hunting 
 
 
SB3057- 84 -LRB100 16603 SLF 31739 b


1licenses and stamps
with an insignia as evidence of possession 
2of license, or license and
stamp, as the Department may 
3consider advisable. The insignia shall be
exhibited and used as 
4the Department may order.

5 All other hunting licenses and all State stamps shall 
6expire upon
March 31 of each year.

7 Every person holding any license, permit, or stamp issued 
8under the
provisions of this Act shall have it in his 
9possession for immediate
presentation for inspection to the 
10officers and authorized employees of
the Department, any 
11sheriff, deputy sheriff, or any other peace officer making
a 
12demand for it. This provision shall not apply to Department 
13owned or
managed sites where it is required that all hunters 
14deposit their license or ,
permit , or Firearm Owner's 
15Identification Card at the check station upon
entering the 
16hunting areas.

17(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)






18 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



19 Sec. 3.2a. 
Every person holding any license, permit or 
20stamp issued under the
provisions hereof shall have it in his 
21possession for immediate
presentation for inspection to the 
22officers and authorized employees of
the Department, any 
23sheriff, deputy sheriff or any other peace officer making
a 
24demand for it.
This provision shall not apply to Department 
25owned or managed sites where
it is required that all hunters 
 
 
SB3057- 85 -LRB100 16603 SLF 31739 b


1deposit their license or , permit or Firearm
Owner's 
2Identification Card at the check station upon entering the 
3hunting areas. 

4(Source: P.A. 85-152.)



5 Section 75. The Clerks of Courts Act is amended by changing 
6Section 27.3a as follows:



7 (705 ILCS 105/27.3a)



8 Sec. 27.3a. Fees for automated record keeping, probation 
9and court services operations, State and Conservation Police 
10operations, and e-business programs. 

11 1. The expense of establishing and maintaining automated 
12record
keeping systems in the offices of the clerks of the 
13circuit court shall
be borne by the county. To defray such 
14expense in any county having
established such an automated 
15system or which elects to establish such a
system, the county 
16board may require the clerk of the circuit court in
their 
17county to charge and collect a court automation fee of not less 
18than
$1 nor more than $25 to be charged and collected by the 
19clerk of the court.
Such fee shall be paid at the time of 
20filing the first pleading, paper or
other appearance filed by 
21each party in all civil cases or by the defendant
in any 
22felony, traffic, misdemeanor, municipal ordinance, or 
23conservation
case upon a judgment of guilty or grant of 
24supervision, provided that
the record keeping system which 
 
 
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1processes the case
category for which the fee is charged is 
2automated or has been approved for
automation by the county 
3board, and provided further that no additional fee
shall be 
4required if more than one party is presented in a single 
5pleading,
paper or other appearance. Such fee shall be 
6collected in the manner in
which all other fees or costs are 
7collected.

8 1.1. Starting on July 6, 2012 (the effective date of Public 
9Act 97-761) and pursuant to an administrative order from the 
10chief judge of the circuit or the presiding judge of the county 
11authorizing such collection, a clerk of the circuit court in 
12any county that imposes a fee pursuant to subsection 1 of this 
13Section shall also charge and collect an additional $10 
14operations fee for probation and court services department 
15operations.
16 This additional fee shall be paid by the defendant in any 
17felony, traffic, misdemeanor, local ordinance, or conservation 
18case upon a judgment of guilty or grant of supervision, except 
19such $10 operations fee shall not be charged and collected in 
20cases governed by Supreme Court Rule 529 in which the bail 
21amount is $120 or less. 
22 1.2. With respect to the fee imposed and collected under 
23subsection 1.1 of this Section, each clerk shall transfer all 
24fees monthly to the county treasurer for deposit into the 
25probation and court services fund created under Section 15.1 of 
26the Probation and Probation Officers Act, and such monies shall 
 
 
SB3057- 87 -LRB100 16603 SLF 31739 b


1be disbursed from the fund only at the direction of the chief 
2judge of the circuit or another judge designated by the Chief 
3Circuit Judge in accordance with the policies and guidelines 
4approved by the Supreme Court. 
5 1.5. Starting on June 1, 2014, a clerk of the circuit court 
6in any county that imposes a fee pursuant to subsection 1 of 
7this Section, shall charge and collect an additional fee in an 
8amount equal to the amount of the fee imposed pursuant to 
9subsection 1 of this Section, except the fee imposed under this 
10subsection may not be more than $15. This additional fee shall 
11be paid by the defendant in any felony, traffic, misdemeanor, 
12or local ordinance case upon a judgment of guilty or grant of 
13supervision. This fee shall not be paid by the defendant for 
14any violation listed in subsection 1.6 of this Section.
15 1.6. Starting on June 1, 2014, a clerk of the circuit court 
16in any county that imposes a fee pursuant to subsection 1 of 
17this Section shall charge and collect an additional fee in an 
18amount equal to the amount of the fee imposed pursuant to 
19subsection 1 of this Section, except the fee imposed under this 
20subsection may not be more than $15. This additional fee shall 
21be paid by the defendant upon a judgment of guilty or grant of 
22supervision for a violation under the State Parks Act, the 
23Recreational Trails of Illinois Act, the Illinois Explosives 
24Act, the Timber Buyers Licensing Act, the Forest Products 
25Transportation Act, the Firearm Owners Identification Card 
26Act, the Environmental Protection Act, the Fish and Aquatic 
 
 
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1Life Code, the Wildlife Code, the Cave Protection Act, the 
2Illinois Exotic Weed Act, the Illinois Forestry Development 
3Act, the Ginseng Harvesting Act, the Illinois Lake Management 
4Program Act, the Illinois Natural Areas Preservation Act, the 
5Illinois Open Land Trust Act, the Open Space Lands Acquisition 
6and Development Act, the Illinois Prescribed Burning Act, the 
7State Forest Act, the Water Use Act of 1983, the Illinois 
8Veteran, Youth, and Young Adult Conservation Jobs Act, the 
9Snowmobile Registration and Safety Act, the Boat Registration 
10and Safety Act, the Illinois Dangerous Animals Act, the Hunter 
11and Fishermen Interference Prohibition Act, the Wrongful Tree 
12Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 
1311-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of 
14the Illinois Vehicle Code, or Section 48-3 or 48-10 of the 
15Criminal Code of 2012. 
16 1.7. Starting on the 30th day after the effective date of 
17this amendatory Act of the 99th General Assembly, a clerk of 
18the circuit court in any county that imposes a fee pursuant to 
19subsection 1 of this Section shall also charge and collect an 
20additional $9 e-business fee. The fee shall be paid at the time 
21of filing the first pleading, paper, or other appearance filed 
22by each party in all civil cases, except no additional fee 
23shall be required if more than one party is presented in a 
24single pleading, paper, or other appearance. The fee shall be 
25collected in the manner in which all other fees or costs are 
26collected. The fee shall be in addition to all other fees and 
 
 
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1charges of the clerk, and assessable as costs, and may be 
2waived only if the judge specifically provides for the waiver 
3of the e-business fee. The fee shall not be charged in any 
4matter coming to the clerk on a change of venue, nor in any 
5proceeding to review the decision of any administrative 
6officer, agency, or body. 
7 2. With respect to the fee imposed under subsection 1 of 
8this Section, each clerk shall commence such charges and 
9collections upon receipt
of written notice from the chairman of 
10the county board together with a
certified copy of the board's 
11resolution, which the clerk shall file of
record in his office.

12 3. With respect to the fee imposed under subsection 1 of 
13this Section, such fees shall be in addition to all other fees 
14and charges of such
clerks, and assessable as costs, and may be 
15waived only if the judge
specifically provides for the waiver 
16of the court automation fee. The
fees shall be remitted monthly 
17by such clerk to the county treasurer, to be
retained by him in 
18a special fund designated as the court automation fund.
The 
19fund shall be audited by the county auditor, and the board 
20shall make
expenditure from the fund in payment of any cost 
21related to the automation
of court records, including hardware, 
22software, research and development
costs and personnel related 
23thereto, provided that the expenditure is
approved by the clerk 
24of the court and by the chief judge of the circuit
court or his 
25designate.

26 4. With respect to the fee imposed under subsection 1 of 
 
 
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1this Section, such fees shall not be charged in any matter 
2coming to any such clerk
on change of venue, nor in any 
3proceeding to review the decision of any
administrative 
4officer, agency or body.

5 5. With respect to the additional fee imposed under 
6subsection 1.5 of this Section, the fee shall be remitted by 
7the circuit clerk to the State Treasurer within one month after 
8receipt for deposit into the State Police Operations Assistance 
9Fund. 
10 6. With respect to the additional fees imposed under 
11subsection 1.5 of this Section, the Director of State Police 
12may direct the use of these fees for homeland security purposes 
13by transferring these fees on a quarterly basis from the State 
14Police Operations Assistance Fund into the Illinois Law 
15Enforcement Alarm Systems (ILEAS) Fund for homeland security 
16initiatives programs. The transferred fees shall be allocated, 
17subject to the approval of the ILEAS Executive Board, as 
18follows: (i) 66.6% shall be used for homeland security 
19initiatives and (ii) 33.3% shall be used for airborne 
20operations. The ILEAS Executive Board shall annually supply the 
21Director of State Police with a report of the use of these 
22fees. 
23 7. With respect to the additional fee imposed under 
24subsection 1.6 of this Section, the fee shall be remitted by 
25the circuit clerk to the State Treasurer within one month after 
26receipt for deposit into the Conservation Police Operations 
 
 
SB3057- 91 -LRB100 16603 SLF 31739 b


1Assistance Fund. 
2 8. With respect to the fee imposed under subsection 1.7 of 
3this Section, the clerk shall remit the fee to the State 
4Treasurer within one month after receipt for deposit into the 
5Supreme Court Special Purposes Fund. Unless otherwise 
6authorized by this Act, the moneys deposited into the Supreme 
7Court Special Purposes Fund under this subsection are not 
8subject to administrative charges or chargebacks under Section 
920 of the State Treasurer Act. 
10(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; 
1198-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

12 Section 80. The Criminal Code of 2012 is amended by 
13changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
1424-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, 
1524-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:




16 (720 ILCS 5/2-7.1)



17 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
18"Firearm
"Firearm" and "firearm
ammunition" means any 
19self-contained cartridge or shotgun shell, by whatever name 
20known, which is designed to be used or adaptable to use in a 
21firearm; excluding, however:
22 (1) any ammunition exclusively designed for use with
a 
23device used exclusively for signalling or safety and required 
24or recommended by the United States Coast Guard or the 
 
 
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1Interstate Commerce Commission; and
2 (2) any ammunition designed exclusively for use with
a stud 
3or rivet driver or other similar industrial ammunition
have the 
4meanings ascribed to them in Section 1.1 of the Firearm
Owners 
5Identification Card Act.

6(Source: P.A. 91-544, eff. 1-1-00.)





7 (720 ILCS 5/2-7.5)



8 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
9specific
Section, "firearm" means any device, by whatever name 
10known, which is designed to expel a projectile or projectiles 
11by the action of an explosion, expansion of gas or escape of 
12gas; excluding, however:
13 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
14gun which
expels a single globular projectile not exceeding .18 
15inch in
diameter or which has a maximum muzzle velocity of less 
16than 700 feet
per second;
17 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B 
18gun which expels breakable paint balls containing washable 
19marking colors; 
20 (2) any device used exclusively for signalling or
safety 
21and required or recommended by the United States Coast Guard or 
22the Interstate Commerce Commission;
23 (3) any device used exclusively for the firing of
stud 
24cartridges, explosive rivets, or similar industrial 
25ammunition; and
 
 
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1 (4) an antique firearm (other than a machine-gun)
which, 
2although designed as a weapon, the Department of State Police 
3finds by reason of the date of its manufacture, value, design, 
4and other characteristics is primarily a collector's item and 
5is not likely to be used as a weapon has the meaning ascribed 
6to it in Section 1.1 of the
Firearm Owners Identification Card 
7Act.

8(Source: P.A. 95-331, eff. 8-21-07.)



9 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



10 Sec. 12-3.05. Aggravated battery. 

11 (a) Offense based on injury. A person commits aggravated 
12battery when, in committing a battery, other than by the 
13discharge of a firearm, he or she knowingly does any of the 
14following:
15  (1) Causes great bodily harm or permanent disability or 
16 disfigurement.
17  (2) Causes severe and permanent disability, great 
18 bodily harm, or disfigurement by means of a caustic or 
19 flammable substance, a poisonous gas, a deadly biological 
20 or chemical contaminant or agent, a radioactive substance, 
21 or a bomb or explosive compound.
22  (3) Causes great bodily harm or permanent disability or 
23 disfigurement to an individual whom the person knows to be 
24 a peace officer, community policing volunteer, fireman, 
25 private security officer, correctional institution 
 
 
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1 employee, or Department of Human Services employee 
2 supervising or controlling sexually dangerous persons or 
3 sexually violent persons:
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  (4) Causes great bodily harm or permanent disability or 
10 disfigurement to an individual 60 years of age or older.
11  (5) Strangles another individual. 
12 (b) Offense based on injury to a child or person with an 
13intellectual disability. A person who is at least 18 years of 
14age commits aggravated battery when, in committing a battery, 
15he or she knowingly and without legal justification by any 
16means:
17  (1) causes great bodily harm or permanent disability or 
18 disfigurement to any child under the age of 13 years, or to 
19 any person with a severe or profound intellectual 
20 disability; or
21  (2) causes bodily harm or disability or disfigurement 
22 to any child under the age of 13 years or to any person 
23 with a severe or profound intellectual disability. 
24 (c) Offense based on location of conduct. A person commits 
25aggravated battery when, in committing a battery, other than by 
26the discharge of a firearm, he or she is or the person battered 
 
 
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1is on or about a public way, public property, a public place of 
2accommodation or amusement, a sports venue, or a domestic 
3violence shelter.
4 (d) Offense based on status of victim. A person commits 
5aggravated battery when, in committing a battery, other than by 
6discharge of a firearm, he or she knows the individual battered 
7to be any of the following:
8  (1) A person 60 years of age or older.
9  (2) A person who is pregnant or has a physical 
10 disability.
11  (3) A teacher or school employee upon school grounds or 
12 grounds adjacent to a school or in any part of a building 
13 used for school purposes.
14  (4) A peace officer, community policing volunteer, 
15 fireman, private security officer, correctional 
16 institution employee, or Department of Human Services 
17 employee supervising or controlling sexually dangerous 
18 persons or sexually violent persons:
19   (i) performing his or her official duties;
20   (ii) battered to prevent performance of his or her 
21 official duties; or
22   (iii) battered in retaliation for performing his 
23 or her official duties.
24  (5) A judge, emergency management worker, emergency 
25 medical services personnel, or utility worker:
26   (i) performing his or her official duties;
 
 
SB3057- 96 -LRB100 16603 SLF 31739 b


1   (ii) battered to prevent performance of his or her 
2 official duties; or
3   (iii) battered in retaliation for performing his 
4 or her official duties.
5  (6) An officer or employee of the State of Illinois, a 
6 unit of local government, or a school district, while 
7 performing his or her official duties.
8  (7) A transit employee performing his or her official 
9 duties, or a transit passenger.
10  (8) A taxi driver on duty.
11  (9) A merchant who detains the person for an alleged 
12 commission of retail theft under Section 16-26 of this Code 
13 and the person without legal justification by any means 
14 causes bodily harm to the merchant.
15  (10) A person authorized to serve process under Section 
16 2-202 of the Code of Civil Procedure or a special process 
17 server appointed by the circuit court while that individual 
18 is in the performance of his or her duties as a process 
19 server.
20  (11) A nurse while in the performance of his or her 
21 duties as a nurse. 
22 (e) Offense based on use of a firearm. A person commits 
23aggravated battery when, in committing a battery, he or she 
24knowingly does any of the following:
25  (1) Discharges a firearm, other than a machine gun or a 
26 firearm equipped with a silencer, and causes any injury to 
 
 
SB3057- 97 -LRB100 16603 SLF 31739 b


1 another person.
2  (2) Discharges a firearm, other than a machine gun or a 
3 firearm equipped with a silencer, and causes any injury to 
4 a person he or she knows to be a peace officer, community 
5 policing volunteer, person summoned by a police officer, 
6 fireman, private security officer, correctional 
7 institution employee, or emergency management worker:
8   (i) performing his or her official duties;
9   (ii) battered to prevent performance of his or her 
10 official duties; or
11   (iii) battered in retaliation for performing his 
12 or her official duties.
13  (3) Discharges a firearm, other than a machine gun or a 
14 firearm equipped with a silencer, and causes any injury to 
15 a person he or she knows to be emergency medical services 
16 personnel:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (4) Discharges a firearm and causes any injury to a 
23 person he or she knows to be a teacher, a student in a 
24 school, or a school employee, and the teacher, student, or 
25 employee is upon school grounds or grounds adjacent to a 
26 school or in any part of a building used for school 
 
 
SB3057- 98 -LRB100 16603 SLF 31739 b


1 purposes.
2  (5) Discharges a machine gun or a firearm equipped with 
3 a silencer, and causes any injury to another person.
4  (6) Discharges a machine gun or a firearm equipped with 
5 a silencer, and causes any injury to a person he or she 
6 knows to be a peace officer, community policing volunteer, 
7 person summoned by a police officer, fireman, private 
8 security officer, correctional institution employee or 
9 emergency management worker:
10   (i) performing his or her official duties;
11   (ii) battered to prevent performance of his or her 
12 official duties; or
13   (iii) battered in retaliation for performing his 
14 or her official duties.
15  (7) 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 emergency medical services personnel:
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  (8) Discharges a machine gun or a firearm equipped with 
24 a silencer, and causes any injury to a person he or she 
25 knows to be a teacher, or a student in a school, or a 
26 school employee, and the teacher, student, or employee is 
 
 
SB3057- 99 -LRB100 16603 SLF 31739 b


1 upon school grounds or grounds adjacent to a school or in 
2 any part of a building used for school purposes. 
3 (f) Offense based on use of a weapon or device. A person 
4commits aggravated battery when, in committing a battery, he or 
5she does any of the following:
6  (1) Uses a deadly weapon other than by discharge of a 
7 firearm, or uses an air rifle as defined in Section 
8 24.8-0.1 of this Code.
9  (2) Wears a hood, robe, or mask to conceal his or her 
10 identity.
11  (3) Knowingly and without lawful justification shines 
12 or flashes a laser gunsight or other laser device attached 
13 to a firearm, or used in concert with a firearm, so that 
14 the laser beam strikes upon or against the person of 
15 another.
16  (4) Knowingly video or audio records the offense with 
17 the intent to disseminate the recording. 
18 (g) Offense based on certain conduct. A person commits 
19aggravated battery when, other than by discharge of a firearm, 
20he or she does any of the following:
21  (1) Violates Section 401 of the Illinois Controlled 
22 Substances Act by unlawfully delivering a controlled 
23 substance to another and any user experiences great bodily 
24 harm or permanent disability as a result of the injection, 
25 inhalation, or ingestion of any amount of the controlled 
26 substance.
 
 
SB3057- 100 -LRB100 16603 SLF 31739 b


1  (2) Knowingly administers to an individual or causes 
2 him or her to take, without his or her consent or by threat 
3 or deception, and for other than medical purposes, any 
4 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
5 or controlled substance, or gives to another person any 
6 food containing any substance or object intended to cause 
7 physical injury if eaten.
8  (3) Knowingly causes or attempts to cause a 
9 correctional institution employee or Department of Human 
10 Services employee to come into contact with blood, seminal 
11 fluid, urine, or feces by throwing, tossing, or expelling 
12 the fluid or material, and the person is an inmate of a 
13 penal institution or is a sexually dangerous person or 
14 sexually violent person in the custody of the Department of 
15 Human Services.
16 (h) Sentence. Unless otherwise provided, aggravated 
17battery is a Class 3 felony.
18 Aggravated battery as defined in subdivision (a)(4), 
19(d)(4), or (g)(3) is a Class 2 felony.
20 Aggravated battery as defined in subdivision (a)(3) or 
21(g)(1) is a Class 1 felony.
22 Aggravated battery as defined in subdivision (a)(1) is a 
23Class 1 felony when the aggravated battery was intentional and 
24involved the infliction of torture, as defined in paragraph 
25(14) of subsection (b) of Section 9-1 of this Code, as the 
26infliction of or subjection to extreme physical pain, motivated 
 
 
SB3057- 101 -LRB100 16603 SLF 31739 b


1by an intent to increase or prolong the pain, suffering, or 
2agony of the victim. 
3 Aggravated battery under subdivision (a)(5) is a
Class 1 
4felony if:
5  (A) the person used or attempted to use a dangerous

6 instrument while committing the offense; or
7  (B) the person caused great bodily harm or
permanent 
8 disability or disfigurement to the other
person while 
9 committing the offense; or
10  (C) the person has been previously convicted of a

11 violation of subdivision (a)(5) under the laws of this

12 State or laws similar to subdivision (a)(5) of any other

13 state. 
14 Aggravated battery as defined in subdivision (e)(1) is a 
15Class X felony.
16 Aggravated battery as defined in subdivision (a)(2) is a 
17Class X felony for which a person shall be sentenced to a term 
18of imprisonment of a minimum of 6 years and a maximum of 45 
19years.
20 Aggravated battery as defined in subdivision (e)(5) is a 
21Class X felony for which a person shall be sentenced to a term 
22of imprisonment of a minimum of 12 years and a maximum of 45 
23years.
24 Aggravated battery as defined in subdivision (e)(2), 
25(e)(3), or (e)(4) is a Class X felony for which a person shall 
26be sentenced to a term of imprisonment of a minimum of 15 years 
 
 
SB3057- 102 -LRB100 16603 SLF 31739 b


1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (e)(6), 
3(e)(7), or (e)(8) is a Class X felony for which a person shall 
4be sentenced to a term of imprisonment of a minimum of 20 years 
5and a maximum of 60 years.
6 Aggravated battery as defined in subdivision (b)(1) is a 
7Class X felony, except that:
8  (1) if the person committed the offense while armed 
9 with a firearm, 15 years shall be added to the term of 
10 imprisonment imposed by the court;
11  (2) if, during the commission of the offense, the 
12 person personally discharged a firearm, 20 years shall be 
13 added to the term of imprisonment imposed by the court;
14  (3) if, during the commission of the offense, the 
15 person personally discharged a firearm that proximately 
16 caused great bodily harm, permanent disability, permanent 
17 disfigurement, or death to another person, 25 years or up 
18 to a term of natural life shall be added to the term of 
19 imprisonment imposed by the court.
20 (i) Definitions. For the purposes of this Section:
21 "Building or other structure used to provide shelter" has 
22the meaning ascribed to "shelter" in Section 1 of the Domestic 
23Violence Shelters Act.
24 "Domestic violence" has the meaning ascribed to it in 
25Section 103 of the Illinois Domestic Violence Act of 1986.
26 "Domestic violence shelter" means any building or other 
 
 
SB3057- 103 -LRB100 16603 SLF 31739 b


1structure used to provide shelter or other services to victims 
2or to the dependent children of victims of domestic violence 
3pursuant to the Illinois Domestic Violence Act of 1986 or the 
4Domestic Violence Shelters Act, or any place within 500 feet of 
5such a building or other structure in the case of a person who 
6is going to or from such a building or other structure.
7 "Firearm" has the meaning provided under Section 2-7.5 of 
8this Code 1.1
of the Firearm Owners Identification Card Act, 
9and does
not include an air rifle as defined by Section 
1024.8-0.1 of this Code. 
11 "Machine gun" has the meaning ascribed to it in Section 
1224-1 of this Code.
13 "Merchant" has the meaning ascribed to it in Section 16-0.1 
14of this Code. 
15 "Strangle" means
intentionally impeding the normal 
16breathing or circulation of the blood of an individual by 
17applying pressure on the throat
or neck of that individual or 
18by blocking the nose or mouth of
that individual. 

19(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
20eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)


21 (720 ILCS 5/16-0.1)
22 Sec. 16-0.1. Definitions. In this Article, unless the 
23context clearly requires otherwise, the following terms are 
24defined as indicated:
25 "Access" means to use, instruct, communicate with, store 
 
 
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1data in, retrieve or intercept data from, or otherwise utilize 
2any services of a computer.
3 "Coin-operated machine" includes any automatic vending 
4machine or any part thereof, parking meter, coin telephone, 
5coin-operated transit turnstile, transit fare box, coin 
6laundry machine, coin dry cleaning machine, amusement machine, 
7music machine, vending machine dispensing goods or services, or 
8money changer.
9 "Communication device" means any type of instrument, 
10device, machine, or equipment which is capable of transmitting, 
11acquiring, decrypting, or receiving any telephonic, 
12electronic, data, Internet access, audio, video, microwave, or 
13radio transmissions, signals, communications, or services, 
14including the receipt, acquisition, transmission, or 
15decryption of all such communications, transmissions, signals, 
16or services provided by or through any cable television, fiber 
17optic, telephone, satellite, microwave, radio, Internet-based, 
18data transmission, or wireless distribution network, system or 
19facility; or any part, accessory, or component thereof, 
20including any computer circuit, security module, smart card, 
21software, computer chip, electronic mechanism or other 
22component, accessory or part of any communication device which 
23is capable of facilitating the transmission, decryption, 
24acquisition or reception of all such communications, 
25transmissions, signals, or services.
26 "Communication service" means any service lawfully 
 
 
SB3057- 105 -LRB100 16603 SLF 31739 b


1provided for a charge or compensation to facilitate the lawful 
2origination, transmission, emission, or reception of signs, 
3signals, data, writings, images, and sounds or intelligence of 
4any nature by telephone, including cellular telephones or a 
5wire, wireless, radio, electromagnetic, photo-electronic or 
6photo-optical system; and also any service lawfully provided by 
7any radio, telephone, cable television, fiber optic, 
8satellite, microwave, Internet-based or wireless distribution 
9network, system, facility or technology, including, but not 
10limited to, any and all electronic, data, video, audio, 
11Internet access, telephonic, microwave and radio 
12communications, transmissions, signals and services, and any 
13such communications, transmissions, signals and services 
14lawfully provided directly or indirectly by or through any of 
15those networks, systems, facilities or technologies.
16 "Communication service provider" means: (1) any person or 
17entity providing any communication service, whether directly 
18or indirectly, as a reseller, including, but not limited to, a 
19cellular, paging or other wireless communications company or 
20other person or entity which, for a fee, supplies the facility, 
21cell site, mobile telephone switching office or other equipment 
22or communication service; (2) any person or entity owning or 
23operating any cable television, fiber optic, satellite, 
24telephone, wireless, microwave, radio, data transmission or 
25Internet-based distribution network, system or facility; and 
26(3) any person or entity providing any communication service 
 
 
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1directly or indirectly by or through any such distribution 
2system, network or facility.
3 "Computer" means a device that accepts, processes, stores, 
4retrieves or outputs data, and includes but is not limited to 
5auxiliary storage and telecommunications devices connected to 
6computers.
7 "Continuing
course of conduct" means a series of acts, and 
8the accompanying
mental state necessary for the crime in 
9question, irrespective
of whether the series of acts are 
10continuous or intermittent. 
11 "Delivery container" means any bakery basket of wire or 
12plastic used to transport or store bread or bakery products, 
13any dairy case of wire or plastic used to transport or store 
14dairy products, and any dolly or cart of 2 or 4 wheels used to 
15transport or store any bakery or dairy product.
16 "Document-making implement" means any implement, 
17impression, template, computer file, computer disc, electronic 
18device, computer hardware, computer software, instrument, or 
19device that is used to make a real or fictitious or fraudulent 
20personal identification document.
21 "Financial transaction device" means any of the following:
22  (1) An electronic funds transfer card.
23  (2) A credit card.
24  (3) A debit card.
25  (4) A point-of-sale card.
26  (5) Any instrument, device, card, plate, code, account 
 
 
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1 number, personal identification number, or a record or copy 
2 of a code, account number, or personal identification 
3 number or other means of access to a credit account or 
4 deposit account, or a driver's license or State 
5 identification card used to access a proprietary account, 
6 other than access originated solely by a paper instrument, 
7 that can be used alone or in conjunction with another 
8 access device, for any of the following purposes:
9   (A) Obtaining money, cash refund or credit 
10 account, credit, goods, services, or any other thing of 
11 value.
12   (B) Certifying or guaranteeing to a person or 
13 business the availability to the device holder of funds 
14 on deposit to honor a draft or check payable to the 
15 order of that person or business.
16   (C) Providing the device holder access to a deposit 
17 account for the purpose of making deposits, 
18 withdrawing funds, transferring funds between deposit 
19 accounts, obtaining information pertaining to a 
20 deposit account, or making an electronic funds 
21 transfer.
22 "Full retail value" means the merchant's stated or 
23advertised price of the merchandise. "Full
retail value" 
24includes the aggregate value of property obtained
from retail 
25thefts committed by the same person as part of a
continuing 
26course of conduct from one or more mercantile
establishments in 
 
 
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1a single transaction or in separate
transactions over a period 
2of one year.
3 "Internet" means an interactive computer service or system 
4or an information service, system, or access software provider 
5that provides or enables computer access by multiple users to a 
6computer server, and includes, but is not limited to, an 
7information service, system, or access software provider that 
8provides access to a network system commonly known as the 
9Internet, or any comparable system or service and also 
10includes, but is not limited to, a World Wide Web page, 
11newsgroup, message board, mailing list, or chat area on any 
12interactive computer service or system or other online service.
13 "Library card" means a card or plate issued by a library 
14facility for purposes of identifying the person to whom the 
15library card was issued as authorized to borrow library 
16material, subject to all limitations and conditions imposed on 
17the borrowing by the library facility issuing such card.
18 "Library facility" includes any public library or museum, 
19or any library or museum of an educational, historical or 
20eleemosynary institution, organization or society.
21 "Library material" includes any book, plate, picture, 
22photograph, engraving, painting, sculpture, statue, artifact, 
23drawing, map, newspaper, pamphlet, broadside, magazine, 
24manuscript, document, letter, microfilm, sound recording, 
25audiovisual material, magnetic or other tape, electronic data 
26processing record or other documentary, written or printed 
 
 
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1material regardless of physical form or characteristics, or any 
2part thereof, belonging to, or on loan to or otherwise in the 
3custody of a library facility.
4 "Manufacture or assembly of an unlawful access device" 
5means to make, produce or assemble an unlawful access device or 
6to modify, alter, program or re-program any instrument, device, 
7machine, equipment or software so that it is capable of 
8defeating or circumventing any technology, device or software 
9used by the provider, owner or licensee of a communication 
10service or of any data, audio or video programs or 
11transmissions to protect any such communication, data, audio or 
12video services, programs or transmissions from unauthorized 
13access, acquisition, disclosure, receipt, decryption, 
14communication, transmission or re-transmission.
15 "Manufacture or assembly of an unlawful communication 
16device" means to make, produce or assemble an unlawful 
17communication or wireless device or to modify, alter, program 
18or reprogram a communication or wireless device to be capable 
19of acquiring, disrupting, receiving, transmitting, decrypting, 
20or facilitating the acquisition, disruption, receipt, 
21transmission or decryption of, a communication service without 
22the express consent or express authorization of the 
23communication service provider, or to knowingly assist others 
24in those activities.
25 "Master sound recording" means the original physical 
26object on which a given set of sounds were first recorded and 
 
 
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1which the original object from which all subsequent sound 
2recordings embodying the same set of sounds are directly or 
3indirectly derived.
4 "Merchandise" means any item of tangible personal 
5property, including motor fuel.
6 "Merchant" means an owner or operator of any retail 
7mercantile establishment or any agent, employee, lessee, 
8consignee, officer, director, franchisee, or independent 
9contractor of the owner or operator. "Merchant" also means a 
10person who receives from an authorized user of a payment card, 
11or someone the person believes to be an authorized user, a 
12payment card or information from a payment card, or what the 
13person believes to be a payment card or information from a 
14payment card, as the instrument for obtaining, purchasing or 
15receiving goods, services, money, or anything else of value 
16from the person.
17 "Motor fuel" means a liquid, regardless of its properties, 
18used to propel a vehicle, including gasoline and diesel.
19 "Online" means the use of any electronic or wireless device 
20to access the Internet.
21 "Payment card" means a credit card, charge card, debit 
22card, or any other card that is issued to an authorized card 
23user and that allows the user to obtain, purchase, or receive 
24goods, services, money, or anything else of value from a 
25merchant.
26 "Person with a disability" means a person who
suffers from 
 
 
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1a physical or mental impairment resulting from
disease, injury, 
2functional disorder or congenital condition that impairs the

3individual's mental or physical ability to independently 
4manage his or her
property or financial resources, or both. 
5 "Personal identification document" means a birth 
6certificate, a driver's license, a State identification card, a 
7public, government, or private employment identification card, 
8a social security card, a license issued under the Firearm 
9Concealed Carry Act firearm owner's identification card, a 
10credit card, a debit card, or a passport issued to or on behalf 
11of a person other than the offender, or any document made or 
12issued, or falsely purported to have been made or issued, by or 
13under the authority of the United States Government, the State 
14of Illinois, or any other state political subdivision of any 
15state, or any other governmental or quasi-governmental 
16organization that is of a type intended for the purpose of 
17identification of an individual, or any such document made or 
18altered in a manner that it falsely purports to have been made 
19on behalf of or issued to another person or by the authority of 
20one who did not give that authority.
21 "Personal identifying information" means any of the 
22following information:
23  (1) A person's name.
24  (2) A person's address.
25  (3) A person's date of birth.
26  (4) A person's telephone number.
 
 
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1  (5) A person's driver's license number or State of 
2 Illinois identification card as assigned by the Secretary 
3 of State of the State of Illinois or a similar agency of 
4 another state.
5  (6) A person's social security number.
6  (7) A person's public, private, or government 
7 employer, place of employment, or employment 
8 identification number.
9  (8) The maiden name of a person's mother.
10  (9) The number assigned to a person's depository 
11 account, savings account, or brokerage account.
12  (10) The number assigned to a person's credit or debit 
13 card, commonly known as a "Visa Card", "MasterCard", 
14 "American Express Card", "Discover Card", or other similar 
15 cards whether issued by a financial institution, 
16 corporation, or business entity.
17  (11) Personal identification numbers.
18  (12) Electronic identification numbers.
19  (13) Digital signals.
20  (14) User names, passwords, and any other word, number, 
21 character or combination of the same usable in whole or 
22 part to access information relating to a specific 
23 individual, or to the actions taken, communications made or 
24 received, or other activities or transactions of a specific 
25 individual.
26  (15) Any other numbers or information which can be used 
 
 
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1 to access a person's financial resources, or to identify a 
2 specific individual, or the actions taken, communications 
3 made or received, or other activities or transactions of a 
4 specific individual.
5 "Premises of a retail mercantile establishment" includes, 
6but is not limited to, the retail mercantile establishment; any 
7common use areas in shopping centers; and all parking areas set 
8aside by a merchant or on behalf of a merchant for the parking 
9of vehicles for the convenience of the patrons of such retail 
10mercantile establishment.
11 "Public water, gas, or power supply, or other public 
12services" mean any service subject to regulation by the 
13Illinois Commerce Commission; any service furnished by a public 
14utility that is owned and operated by any political 
15subdivision, public institution of higher education or 
16municipal corporation of this State; any service furnished by 
17any public utility that is owned by such political subdivision, 
18public institution of higher education, or municipal 
19corporation and operated by any of its lessees or operating 
20agents; any service furnished by an electric cooperative as 
21defined in Section 3.4 of the Electric Supplier Act; or 
22wireless service or other service regulated by the Federal 
23Communications Commission.
24 "Publish" means to communicate or disseminate information 
25to any one or more persons, either orally, in person, or by 
26telephone, radio or television or in writing of any kind, 
 
 
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1including, without limitation, a letter or memorandum, 
2circular or handbill, newspaper or magazine article or book.
3 "Radio frequency identification device" means any 
4implement, computer file, computer disc, electronic device, 
5computer hardware, computer software, or instrument that is 
6used to activate, read, receive, or decode information stored 
7on a RFID tag or transponder attached to a personal 
8identification document. 
9 "RFID tag or transponder" means a chip or device that 
10contains personal identifying information from which the 
11personal identifying information can be read or decoded by 
12another device emitting a radio frequency that activates or 
13powers a radio frequency emission response from the chip or 
14transponder. 
15 "Reencoder" means an electronic device that places encoded 
16information from the magnetic strip or stripe of a payment card 
17onto the magnetic strip or stripe of a different payment card.
18 "Retail mercantile establishment" means any place where 
19merchandise is displayed, held, stored or offered for sale to 
20the public.
21 "Scanning device" means a scanner, reader, or any other 
22electronic device that is used to access, read, scan, obtain, 
23memorize, or store, temporarily or permanently, information 
24encoded on the magnetic strip or stripe of a payment card.
25 "Shopping cart" means those push carts of the type or types 
26which are commonly provided by grocery stores, drug stores or 
 
 
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1other retail mercantile establishments for the use of the 
2public in transporting commodities in stores and markets and, 
3incidentally, from the stores to a place outside the store.
4 "Sound or audio visual recording" means any sound or audio 
5visual phonograph record, disc, pre-recorded tape, film, wire, 
6magnetic tape or other object, device or medium, now known or 
7hereafter invented, by which sounds or images may be reproduced 
8with or without the use of any additional machine, equipment or 
9device.
10 "Theft detection device remover" means any tool or device 
11specifically designed and intended to be used to remove any 
12theft detection device from any merchandise.
13 "Under-ring" means to cause the cash register or other 
14sales recording device to reflect less than the full retail 
15value of the merchandise.
16 "Unidentified sound or audio visual recording" means a 
17sound or audio visual recording without the actual name and 
18full and correct street address of the manufacturer, and the 
19name of the actual performers or groups prominently and legibly 
20printed on the outside cover or jacket and on the label of such 
21sound or audio visual recording.
22 "Unlawful access device" means any type of instrument, 
23device, machine, equipment, technology, or software which is 
24primarily possessed, used, designed, assembled, manufactured, 
25sold, distributed or offered, promoted or advertised for the 
26purpose of defeating or circumventing any technology, device or 
 
 
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1software, or any component or part thereof, used by the 
2provider, owner or licensee of any communication service or of 
3any data, audio or video programs or transmissions to protect 
4any such communication, audio or video services, programs or 
5transmissions from unauthorized access, acquisition, receipt, 
6decryption, disclosure, communication, transmission or 
7re-transmission.
8 "Unlawful communication device" means any electronic 
9serial number, mobile identification number, personal 
10identification number or any communication or wireless device 
11that is capable of acquiring or facilitating the acquisition of 
12a communication service without the express consent or express 
13authorization of the communication service provider, or that 
14has been altered, modified, programmed or reprogrammed, alone 
15or in conjunction with another communication or wireless device 
16or other equipment, to so acquire or facilitate the 
17unauthorized acquisition of a communication service. "Unlawful 
18communication device" also means:
19  (1) any phone altered to obtain service without the 
20 express consent or express authorization of the 
21 communication service provider, tumbler phone, counterfeit 
22 or clone phone, tumbler microchip, counterfeit or clone 
23 microchip, scanning receiver of wireless communication 
24 service or other instrument capable of disguising its 
25 identity or location or of gaining unauthorized access to a 
26 communications or wireless system operated by a 
 
 
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1 communication service provider; and
2  (2) any communication or wireless device which is 
3 capable of, or has been altered, designed, modified, 
4 programmed or reprogrammed, alone or in conjunction with 
5 another communication or wireless device or devices, so as 
6 to be capable of, facilitating the disruption, 
7 acquisition, receipt, transmission or decryption of a 
8 communication service without the express consent or 
9 express authorization of the communication service 
10 provider, including, but not limited to, any device, 
11 technology, product, service, equipment, computer software 
12 or component or part thereof, primarily distributed, sold, 
13 designed, assembled, manufactured, modified, programmed, 
14 reprogrammed or used for the purpose of providing the 
15 unauthorized receipt of, transmission of, disruption of, 
16 decryption of, access to or acquisition of any 
17 communication service provided by any communication 
18 service provider.
19 "Vehicle" means a motor vehicle, motorcycle, or farm 
20implement that is self-propelled and that uses motor fuel for 
21propulsion.
22 "Wireless device" includes any type of instrument, device, 
23machine, or
equipment that is capable of transmitting or 
24receiving telephonic, electronic
or
radio communications, or 
25any part of such instrument, device, machine, or
equipment, or 
26any computer circuit, computer chip, electronic mechanism, or

 
 
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1other component that is capable of facilitating the 
2transmission or reception
of telephonic, electronic, or radio 
3communications. 

4(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
51-1-12; 97-1109, eff. 1-1-13.)




6 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



7 Sec. 17-30. Defaced, altered, or removed manufacturer or 
8owner identification number.  
9 (a) Unlawful sale of household appliances. A person commits 
10unlawful
sale of household
appliances when he or she knowingly, 
11with the intent to defraud or deceive
another, keeps for sale, 
12within any commercial
context, any household appliance with a 
13missing, defaced, obliterated, or
otherwise altered 
14manufacturer's identification number.

15 (b) Construction equipment identification defacement. A 
16person commits construction equipment identification 
17defacement when he or she knowingly changes,
alters, removes, 
18mutilates, or
obliterates a permanently affixed serial number, 
19product identification number,
part number, component 
20identification number, owner-applied identification,
or other 
21mark of identification attached to or stamped, inscribed, 
22molded,
or etched into a machine or other equipment, whether 
23stationary or mobile
or self-propelled, or a part of such 
24machine or equipment, used in the construction,
maintenance, or 
25demolition of buildings, structures, bridges, tunnels, sewers,

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

23manufacturer's serial number or any other manufacturer's 
24number or
distinguishing identification mark upon any machine 
25or other article of
merchandise, other than a motor vehicle as 
26defined in Section 1-146 of the
Illinois Vehicle Code or a 
 
 
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1firearm as defined in the Firearm Owners Identification Card 
2Act, with the intent of concealing or destroying the
identity 
3of such machine or other article of merchandise. 
4 (d) Sentence.
5  (1) A violation of subsection (a) of this Section is a 
6 Class 4 felony if the value
of the appliance or appliances 
7 exceeds $1,000 and a Class B misdemeanor if
the value of 
8 the appliance or appliances is $1,000 or less.

9  (2) A violation of subsection (b) of this Section is a 
10 Class A misdemeanor.
11  (3) A violation of subsection (c) of this Section is a 
12 Class B misdemeanor. 
13 (e) No liability shall be imposed upon any person for the 
14unintentional
failure to comply with subsection (a).

15 (f) Definitions. In this Section:
16 "Commercial context" means a continuing business 
17enterprise conducted
for profit by any person whose primary 
18business is the wholesale or retail
marketing of household 
19appliances, or a significant portion of whose business
or 
20inventory consists of household appliances
kept or sold on a 
21wholesale or retail basis.
22 "Household appliance" means any gas or electric device or 
23machine
marketed for use as home entertainment or for 
24facilitating or expediting
household tasks or chores. The term 
25shall include but not necessarily be
limited to refrigerators, 
26freezers, ranges, radios, television sets, vacuum
cleaners, 
 
 
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1toasters, dishwashers, and other similar household items.
2 "Manufacturer's identification number" means any serial 
3number or
other similar numerical or alphabetical designation 
4imprinted upon or attached
to or placed, stamped, or otherwise 
5imprinted upon or attached to a household
appliance or item by 
6the manufacturer for purposes of identifying a particular

7appliance or item individually or by lot number. 
8(Source: P.A. 96-1551, eff. 7-1-11.)





9 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


10 Sec. 24-1. Unlawful use of weapons. 

11 (a) A person commits the offense of unlawful use of weapons 
12when
he knowingly:

13  (1) Sells, manufactures, purchases, possesses or 
14 carries any bludgeon,
black-jack, slung-shot, sand-club, 
15 sand-bag, metal knuckles or other knuckle weapon 
16 regardless of its composition, throwing star,
or any knife, 
17 commonly referred to as a switchblade knife, which has a

18 blade that opens automatically by hand pressure applied to 
19 a button,
spring or other device in the handle of the 
20 knife, or a ballistic knife,
which is a device that propels 
21 a knifelike blade as a projectile by means
of a coil 
22 spring, elastic material or compressed gas; or

23  (2) Carries or possesses with intent to use the same 
24 unlawfully
against another, a dagger, dirk, billy, 
25 dangerous knife, razor,
stiletto, broken bottle or other 
 
 
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1 piece of glass, stun gun or taser or
any other dangerous or 
2 deadly weapon or instrument of like character; or

3  (3) Carries on or about his person or in any vehicle, a 
4 tear gas gun
projector or bomb or any object containing 
5 noxious liquid gas or
substance, other than an object 
6 containing a non-lethal noxious liquid gas
or substance 
7 designed solely for personal defense carried by a person 18

8 years of age or older; or

9  (4) Carries or possesses in any vehicle or concealed on 
10 or about his
person except when on his land or in his own 
11 abode, legal dwelling, or fixed place of
business, or on 
12 the land or in the legal dwelling of another person as an 
13 invitee with that person's permission, any pistol, 
14 revolver, stun gun or taser or other firearm, except
that

15 this subsection (a) (4) does not apply to or affect 
16 transportation of weapons
that meet one of the following 
17 conditions:

18   (i) are broken down in a non-functioning state; or

19   (ii) are not immediately accessible; or

20   (iii) are unloaded and enclosed in a case, firearm 
21 carrying box,
shipping box, or other container by a 
22 person eligible under State and federal law to possess 
23 a firearm who has been issued a currently
valid Firearm 
24 Owner's
Identification Card; or
25   (iv) are carried or possessed in accordance with 
26 the Firearm Concealed Carry Act by a person who has 
 
 
SB3057- 123 -LRB100 16603 SLF 31739 b


1 been issued a currently valid license under the Firearm 
2 Concealed Carry Act; or 

3  (5) Sets a spring gun; or

4  (6) Possesses any device or attachment of any kind 
5 designed, used or
intended for use in silencing the report 
6 of any firearm; or

7  (7) Sells, manufactures, purchases, possesses or 
8 carries:

9   (i) a machine gun, which shall be defined for the 
10 purposes of this
subsection as any weapon,
which 
11 shoots, is designed to shoot, or can be readily 
12 restored to shoot,
automatically more than one shot 
13 without manually reloading by a single
function of the 
14 trigger, including the frame or receiver
of any such 
15 weapon, or sells, manufactures, purchases, possesses, 
16 or
carries any combination of parts designed or 
17 intended for
use in converting any weapon into a 
18 machine gun, or any combination or
parts from which a 
19 machine gun can be assembled if such parts are in the

20 possession or under the control of a person;

21   (ii) any rifle having one or
more barrels less than 
22 16 inches in length or a shotgun having one or more

23 barrels less than 18 inches in length or any weapon 
24 made from a rifle or
shotgun, whether by alteration, 
25 modification, or otherwise, if such a weapon
as 
26 modified has an overall length of less than 26 inches; 
 
 
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1 or

2   (iii) any
bomb, bomb-shell, grenade, bottle or 
3 other container containing an
explosive substance of 
4 over one-quarter ounce for like purposes, such
as, but 
5 not limited to, black powder bombs and Molotov 
6 cocktails or
artillery projectiles; or

7  (8) Carries or possesses any firearm, stun gun or taser 
8 or other
deadly weapon in any place which is licensed to 
9 sell intoxicating
beverages, or at any public gathering 
10 held pursuant to a license issued
by any governmental body 
11 or any public gathering at which an admission
is charged, 
12 excluding a place where a showing, demonstration or lecture

13 involving the exhibition of unloaded firearms is 
14 conducted.

15  This subsection (a)(8) does not apply to any auction or 
16 raffle of a firearm
held pursuant to
a license or permit 
17 issued by a governmental body, nor does it apply to persons

18 engaged
in firearm safety training courses; or

19  (9) Carries or possesses in a vehicle or on or about 
20 his person any
pistol, revolver, stun gun or taser or 
21 firearm or ballistic knife, when
he is hooded, robed or 
22 masked in such manner as to conceal his identity; or

23  (10) Carries or possesses on or about his person, upon 
24 any public street,
alley, or other public lands within the 
25 corporate limits of a city, village
or incorporated town, 
26 except when an invitee thereon or therein, for the
purpose 
 
 
SB3057- 125 -LRB100 16603 SLF 31739 b


1 of the display of such weapon or the lawful commerce in 
2 weapons, or
except when on his land or in his own abode, 
3 legal dwelling, or fixed place of business, or on the land 
4 or in the legal dwelling of another person as an invitee 
5 with that person's permission, any
pistol, revolver, stun 
6 gun or taser or other firearm, except that this
subsection 
7 (a) (10) does not apply to or affect transportation of 
8 weapons that
meet one of the following conditions:

9   (i) are broken down in a non-functioning state; or

10   (ii) are not immediately accessible; or

11   (iii) are unloaded and enclosed in a case, firearm 
12 carrying box,
shipping box, or other container by a 
13 person eligible under State and federal law to possess 
14 a firearm who has been issued a currently
valid Firearm 
15 Owner's
Identification Card; or

16   (iv) are carried or possessed in accordance with 
17 the Firearm Concealed Carry Act by a person who has 
18 been issued a currently valid license under the Firearm 
19 Concealed Carry Act. 
20  A "stun gun or taser", as used in this paragraph (a) 
21 means (i) any device
which is powered by electrical 
22 charging units, such as, batteries, and
which fires one or 
23 several barbs attached to a length of wire and
which, upon 
24 hitting a human, can send out a current capable of 
25 disrupting
the person's nervous system in such a manner as 
26 to render him incapable of
normal functioning or (ii) any 
 
 
SB3057- 126 -LRB100 16603 SLF 31739 b


1 device which is powered by electrical
charging units, such 
2 as batteries, and which, upon contact with a human or

3 clothing worn by a human, can send out current capable of 
4 disrupting
the person's nervous system in such a manner as 
5 to render him incapable
of normal functioning; or

6  (11) Sells, manufactures or purchases any explosive 
7 bullet. For purposes
of this paragraph (a) "explosive 
8 bullet" means the projectile portion of
an ammunition 
9 cartridge which contains or carries an explosive charge 
10 which
will explode upon contact with the flesh of a human 
11 or an animal.
"Cartridge" means a tubular metal case having 
12 a projectile affixed at the
front thereof and a cap or 
13 primer at the rear end thereof, with the
propellant 
14 contained in such tube between the projectile and the cap; 
15 or

16  (12) (Blank); or

17  (13) Carries or possesses on or about his or her person 
18 while in a building occupied by a unit of government, a 
19 billy club, other weapon of like character, or other 
20 instrument of like character intended for use as a weapon. 
21 For the purposes of this Section, "billy club" means a 
22 short stick or club commonly carried by police officers 
23 which is either telescopic or constructed of a solid piece 
24 of wood or other man-made material. 
25 (b) Sentence. A person convicted of a violation of 
26subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

 
 
SB3057- 127 -LRB100 16603 SLF 31739 b


1subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
2Class A
misdemeanor.
A person convicted of a violation of 
3subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
4person
convicted of a violation of subsection 24-1(a)(6) or 
524-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
6convicted of a violation of subsection
24-1(a)(7)(i) commits a 
7Class 2 felony and shall be sentenced to a term of imprisonment 
8of not less than 3 years and not more than 7 years, unless the 
9weapon is possessed in the
passenger compartment of a motor 
10vehicle as defined in Section 1-146 of the
Illinois Vehicle 
11Code, or on the person, while the weapon is loaded, in which

12case it shall be a Class X felony. A person convicted of a

13second or subsequent violation of subsection 24-1(a)(4), 
1424-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
15felony. The possession of each weapon in violation of this 
16Section constitutes a single and separate violation.

17 (c) Violations in specific places.

18  (1) A person who violates subsection 24-1(a)(6) or 
19 24-1(a)(7) in any
school, regardless of the time of day or 
20 the time of year, in residential
property owned, operated 
21 or managed by a public housing agency or
leased by
a public 
22 housing agency as part of a scattered site or mixed-income

23 development, in a
public park, in a courthouse, on the real 
24 property comprising any school,
regardless of the
time of 
25 day or the time of year, on residential property owned, 
26 operated
or
managed by a public housing agency
or leased by 
 
 
SB3057- 128 -LRB100 16603 SLF 31739 b


1 a public housing agency as part of a scattered site or

2 mixed-income development,
on the real property comprising 
3 any
public park, on the real property comprising any 
4 courthouse, in any conveyance
owned, leased or contracted 
5 by a school to
transport students to or from school or a 
6 school related activity, in any conveyance
owned, leased, 
7 or contracted by a public transportation agency, or on any

8 public way within 1,000 feet of the real property 
9 comprising any school,
public park, courthouse, public 
10 transportation facility, or residential property owned, 
11 operated, or managed
by a public housing agency
or leased 
12 by a public housing agency as part of a scattered site or

13 mixed-income development
commits a Class 2 felony and shall 
14 be sentenced to a term of imprisonment of not less than 3 
15 years and not more than 7 years.

16  (1.5) A person who violates subsection 24-1(a)(4), 
17 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
18 time of day or the time of year,
in residential property 
19 owned, operated, or managed by a public
housing
agency
or 
20 leased by a public housing agency as part of a scattered 
21 site or
mixed-income development,
in
a public
park, in a 
22 courthouse, on the real property comprising any school, 
23 regardless
of the time of day or the time of year, on 
24 residential property owned,
operated, or managed by a 
25 public housing agency
or leased by a public housing agency 
26 as part of a scattered site or
mixed-income development,
on 
 
 
SB3057- 129 -LRB100 16603 SLF 31739 b


1 the real property
comprising any public park, on the real 
2 property comprising any courthouse, in
any conveyance 
3 owned, leased, or contracted by a school to transport 
4 students
to or from school or a school related activity, in 
5 any conveyance
owned, leased, or contracted by a public 
6 transportation agency, or on any public way within
1,000 
7 feet of the real property comprising any school, public 
8 park, courthouse,
public transportation facility, or 
9 residential property owned, operated, or managed by a 
10 public
housing agency
or leased by a public housing agency 
11 as part of a scattered site or
mixed-income development

12 commits a Class 3 felony.

13  (2) A person who violates subsection 24-1(a)(1), 
14 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
15 time of day or the time of year, in
residential property 
16 owned, operated or managed by a public housing
agency
or 
17 leased by a public housing agency as part of a scattered 
18 site or
mixed-income development,
in
a public park, in a 
19 courthouse, on the real property comprising any school,

20 regardless of the time of day or the time of year, on 
21 residential property
owned, operated or managed by a public 
22 housing agency
or leased by a public housing agency as part 
23 of a scattered site or
mixed-income development,
on the 
24 real property
comprising any public park, on the real 
25 property comprising any courthouse, in
any conveyance 
26 owned, leased or contracted by a school to transport 
 
 
SB3057- 130 -LRB100 16603 SLF 31739 b


1 students
to or from school or a school related activity, in 
2 any conveyance
owned, leased, or contracted by a public 
3 transportation agency, or on any public way within
1,000 
4 feet of the real property comprising any school, public 
5 park, courthouse,
public transportation facility, or 
6 residential property owned, operated, or managed by a 
7 public
housing agency or leased by a public housing agency 
8 as part of a scattered
site or mixed-income development 
9 commits a Class 4 felony. "Courthouse"
means any building 
10 that is used by the Circuit, Appellate, or Supreme Court of

11 this State for the conduct of official business.

12  (3) Paragraphs (1), (1.5), and (2) of this subsection 
13 (c) shall not
apply to law
enforcement officers or security 
14 officers of such school, college, or
university or to 
15 students carrying or possessing firearms for use in 
16 training
courses, parades, hunting, target shooting on 
17 school ranges, or otherwise with
the consent of school 
18 authorities and which firearms are transported unloaded

19 enclosed in a suitable case, box, or transportation 
20 package.

21  (4) For the purposes of this subsection (c), "school" 
22 means any public or
private elementary or secondary school, 
23 community college, college, or
university.

24  (5) For the purposes of this subsection (c), "public 
25 transportation agency" means a public or private agency 
26 that provides for the transportation or conveyance of

 
 
SB3057- 131 -LRB100 16603 SLF 31739 b


1 persons by means available to the general public, except 
2 for transportation
by automobiles not used for conveyance 
3 of the general public as passengers; and "public 
4 transportation facility" means a terminal or other place

5 where one may obtain public transportation.

6 (d) The presence in an automobile other than a public 
7omnibus of any
weapon, instrument or substance referred to in 
8subsection (a)(7) is
prima facie evidence that it is in the 
9possession of, and is being
carried by, all persons occupying 
10such automobile at the time such
weapon, instrument or 
11substance is found, except under the following
circumstances: 
12(i) if such weapon, instrument or instrumentality is
found upon 
13the person of one of the occupants therein; or (ii) if such

14weapon, instrument or substance is found in an automobile 
15operated for
hire by a duly licensed driver in the due, lawful 
16and proper pursuit of
his trade, then such presumption shall 
17not apply to the driver.

18 (e) Exemptions.
19  (1) Crossbows, Common or Compound bows and Underwater

20 Spearguns are exempted from the definition of ballistic 
21 knife as defined in
paragraph (1) of subsection (a) of this 
22 Section.
23  (2) The provision of paragraph (1) of subsection (a) of 
24 this Section prohibiting the sale, manufacture, purchase, 
25 possession, or carrying of any knife, commonly referred to 
26 as a switchblade knife, which has a
blade that opens 
 
 
SB3057- 132 -LRB100 16603 SLF 31739 b


1 automatically by hand pressure applied to a button,
spring 
2 or other device in the handle of the knife, does not apply 
3 to a person who possesses a currently valid Firearm Owner's 
4 Identification Card previously issued in his or her name by 
5 the Department of State Police or to a person or an entity 
6 engaged in the business of selling or manufacturing 
7 switchblade knives. 

8(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)




9 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


10 Sec. 24-1.1. Unlawful use or possession of weapons by 
11felons or
persons in the custody of the
Department of 
12Corrections facilities.
13 (a) It is unlawful
for a person to knowingly possess on or 
14about his person or on his land or
in his own abode or fixed 
15place of business any weapon prohibited under
Section 24-1 of 
16this Act or any firearm or any firearm ammunition if the
person 
17has been convicted of a felony under the laws of this State or 
18any
other jurisdiction. This Section shall not apply if the 
19person has been
granted relief under this subsection by the 
20Director of the Department of State Police
under Section 10 of 
21the Firearm Owners Identification
Card Act. A person prohibited 
22from possessing a firearm under this subsection (a) may 
23petition the Director of State Police for a hearing and relief 
24from the prohibition, unless the prohibition was based upon a 
25forcible felony, stalking, aggravated stalking, domestic 
 
 
SB3057- 133 -LRB100 16603 SLF 31739 b


1battery, any violation of the Illinois Controlled Substances 
2Act, the Methamphetamine Control and Community Protection Act, 
3or the Cannabis Control Act that is classified as a Class 2 or 
4greater felony, any felony violation of Article 24 of the 
5Criminal Code of 1961 or the Criminal Code of 2012, or any 
6adjudication as a delinquent minor for the commission of an 
7offense that if committed by an adult would be a felony, in 
8which case the person may petition the circuit court in writing 
9in the county of his or her residence for a hearing and relief 
10from the prohibition. The Director or court may grant the 
11relief if it is established by the petitioner to the court's or 
12Director's satisfaction that:

13  (1) when in the circuit court, the State's Attorney has 
14 been served with a written copy of the petition at least 30 
15 days before any hearing in the circuit court and at the 
16 hearing the State's Attorney was afforded an opportunity to 
17 present evidence and object to the petition;
18  (2) the petitioner has not been convicted of a
forcible 
19 felony under the laws of this State or any other 
20 jurisdiction within 20 years of the filing of the petition, 
21 or at least 20 years have passed since the end of any 
22 period of imprisonment imposed in relation to that 
23 conviction;
24  (3) the circumstances regarding a criminal
conviction, 
25 where applicable, the petitioner's criminal history and 
26 his or her reputation are such that the petitioner will not 
 
 
SB3057- 134 -LRB100 16603 SLF 31739 b


1 be likely to act in a manner dangerous to public safety;
2  (4) granting relief would not be contrary to the
public 
3 interest; and
4  (5) granting relief would not be contrary to federal

5 law. 
6 (b) It is unlawful for any person confined in a penal 
7institution,
which is a facility of the Illinois Department of 
8Corrections, to possess
any weapon prohibited under Section 
924-1 of this Code or any firearm or
firearm ammunition, 
10regardless of the intent with which he possesses it.

11 (c) It shall be an affirmative defense to a violation of 
12subsection (b), that such possession was specifically 
13authorized by rule,
regulation, or directive of the Illinois 
14Department of Corrections or order
issued pursuant thereto.

15 (d) The defense of necessity is not available to a person 
16who is charged
with a violation of subsection (b) of this 
17Section.

18 (e) Sentence. Violation of this Section by a person not 
19confined
in a penal institution shall be a Class 3 felony
for 
20which the person shall be sentenced to no less than 2 years and 
21no
more than 10 years. A second or subsequent violation of this 
22Section shall be a Class 2 felony for which the person shall be 
23sentenced to a term of imprisonment of not less than 3 years 
24and not more than 14 years, except as provided for in Section 
255-4.5-110 of the Unified Code of Corrections. Violation of this 
26Section by a person not confined in a
penal institution who has 
 
 
SB3057- 135 -LRB100 16603 SLF 31739 b


1been convicted of a forcible felony, a felony
violation of 
2Article 24 of this Code or of the Firearm Owners Identification

3Card Act, stalking or aggravated stalking, or a Class 2 or 
4greater felony
under the Illinois Controlled Substances Act, 
5the Cannabis Control Act, or the Methamphetamine Control and 
6Community Protection Act is a
Class 2 felony for which the 
7person
shall be sentenced to not less than 3 years and not more 
8than 14 years, except as provided for in Section 5-4.5-110 of 
9the Unified Code of Corrections.
Violation of this Section by a 
10person who is on parole or mandatory supervised
release is a 
11Class 2 felony for which the person shall be sentenced to not 
12less than 3 years and not more than 14
years, except as 
13provided for in Section 5-4.5-110 of the Unified Code of 
14Corrections. Violation of this Section by a person not confined 
15in a penal
institution is a Class X felony when the firearm 
16possessed is a machine gun.
Any person who violates this 
17Section while confined in a penal
institution, which is a 
18facility of the Illinois Department of
Corrections, is guilty 
19of a Class 1
felony, if he possesses any weapon prohibited 
20under Section 24-1 of this
Code regardless of the intent with 
21which he possesses it, a Class X
felony if he possesses any 
22firearm, firearm ammunition or explosive, and a
Class X felony 
23for which the offender shall be sentenced to not less than 12

24years and not more than 50 years when the firearm possessed is 
25a machine
gun. A violation of this Section while wearing or in 
26possession of body armor as defined in Section 33F-1 is a Class 
 
 
SB3057- 136 -LRB100 16603 SLF 31739 b


1X felony punishable by a term of imprisonment of not less than 
210 years and not more than 40 years.
The possession of each 
3firearm or firearm ammunition in violation of this Section 
4constitutes a single and separate violation.

5(Source: P.A. 100-3, eff. 1-1-18.)


6 (720 ILCS 5/24-1.6)
7 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
8 (a) A person commits the offense of aggravated unlawful use 
9of a weapon when
he or she knowingly:
10  (1) Carries on or about his or her person or in any 
11 vehicle or concealed
on or about his or her person except 
12 when on his or her land or in his or her
abode, legal 
13 dwelling, or fixed place of business, or on the land or in 
14 the legal dwelling of another person as an invitee with 
15 that person's permission, any pistol, revolver, stun gun or 
16 taser or
other firearm; or
17  (2) Carries or possesses on or about his or her person, 
18 upon any public
street, alley, or other public lands within 
19 the corporate limits of a city,
village or incorporated 
20 town, except when an invitee thereon or therein, for
the 
21 purpose of the display of such weapon or the lawful 
22 commerce in weapons, or
except when on his or her own land 
23 or in his or her own abode, legal dwelling, or fixed place 
24 of
business, or on the land or in the legal dwelling of 
25 another person as an invitee with that person's permission, 
 
 
SB3057- 137 -LRB100 16603 SLF 31739 b


1 any pistol, revolver, stun gun or taser or other firearm; 
2 and
3  (3) One of the following factors is present:
4   (A) the firearm, other than a pistol, revolver, or 
5 handgun, possessed was uncased, loaded, and 
6 immediately accessible
at the time of the offense; or
7   (A-5) the pistol, revolver, or handgun possessed 
8 was uncased, loaded, and immediately accessible
at the 
9 time of the offense and the person possessing the 
10 pistol, revolver, or handgun has not been issued a 
11 currently valid license under the Firearm Concealed 
12 Carry Act; or 
13   (B) the firearm, other than a pistol, revolver, or 
14 handgun, possessed was uncased, unloaded, and the 
15 ammunition for
the weapon was immediately accessible 
16 at the time of the offense; or
17   (B-5) the pistol, revolver, or handgun possessed 
18 was uncased, unloaded, and the ammunition for
the 
19 weapon was immediately accessible at the time of the 
20 offense and the person possessing the pistol, 
21 revolver, or handgun has not been issued a currently 
22 valid license under the Firearm Concealed Carry Act; or 
23   (C) (blank); or the person possessing the firearm 
24 has not been issued a currently
valid Firearm Owner's 
25 Identification Card; or
26   (D) the person possessing the weapon was 
 
 
SB3057- 138 -LRB100 16603 SLF 31739 b


1 previously adjudicated
a delinquent minor under the 
2 Juvenile Court Act of 1987 for an act that if
committed 
3 by an adult would be a felony; or
4   (E) the person possessing the weapon was engaged in 
5 a misdemeanor
violation of the Cannabis
Control Act, in 
6 a misdemeanor violation of the Illinois Controlled 
7 Substances
Act, or in a misdemeanor violation of the 
8 Methamphetamine Control and Community Protection Act; 
9 or
10   (F) (blank); or
11   (G) the person possessing the weapon had an order 
12 of protection issued
against him or her within the 
13 previous 2 years; or
14   (H) the person possessing the weapon was engaged in 
15 the commission or
attempted commission of
a 
16 misdemeanor involving the use or threat of violence 
17 against
the person or property of another; or
18   (I) the person possessing the weapon was under 21 
19 years of age and in
possession of a handgun, unless the 
20 person under 21
is engaged in lawful activities under 
21 the Wildlife Code or described in
subsection 
22 24-2(b)(1), (b)(3), or 24-2(f).
23 (a-5) "Handgun" as used in this Section has the meaning 
24given to it in Section 5 of the Firearm Concealed Carry Act. 
25 (b) "Stun gun or taser" as used in this Section has the 
26same definition
given to it in Section 24-1 of this Code.
 
 
SB3057- 139 -LRB100 16603 SLF 31739 b


1 (c) This Section does not apply to or affect the 
2transportation or
possession
of weapons that:
3  (i) are broken down in a non-functioning state; or
4  (ii) are not immediately accessible; or
5  (iii) are unloaded and enclosed in a case, firearm 
6 carrying box,
shipping box, or other container by a person 
7 who is eligible under State and federal law to possess a 
8 firearm has been issued a currently
valid Firearm Owner's

9 Identification Card.
10 (d) Sentence.
11  (1) Aggravated unlawful use of a weapon is a Class 4 
12 felony;
a second or subsequent offense is a Class 2 felony 
13 for which the person shall be sentenced to a term of 
14 imprisonment of not less than 3 years and not more than 7 
15 years, except as provided for in Section 5-4.5-110 of the 
16 Unified Code of Corrections. 
17  (2) (Blank). Except as otherwise provided in 
18 paragraphs (3) and (4) of this subsection (d), a first 
19 offense of aggravated unlawful use of a weapon committed 
20 with a firearm by a person 18 years of age or older where 
21 the factors listed in both items (A) and (C) or both items 
22 (A-5) and (C) of paragraph (3) of subsection (a) are 
23 present is a Class 4 felony, for which the person shall be 
24 sentenced to a term of imprisonment of not less than one 
25 year and not more than 3 years.
26  (3) Aggravated unlawful use of
a weapon by a person who 
 
 
SB3057- 140 -LRB100 16603 SLF 31739 b


1 has been previously
convicted of a felony in this State or 
2 another jurisdiction is a Class 2
felony for which the 
3 person shall be sentenced to a term of imprisonment of not 
4 less than 3 years and not more than 7 years, except as 
5 provided for in Section 5-4.5-110 of the Unified Code of 
6 Corrections. 
7  (4) Aggravated unlawful use of a weapon while wearing 
8 or in possession of body armor as defined in Section 33F-1 
9 by a person who is prohibited under State or federal law 
10 from possessing a firearm has not been issued a valid 
11 Firearms Owner's Identification Card in accordance with 
12 Section 5 of the Firearm Owners Identification Card Act is 
13 a Class X felony.

14 (e) The possession of each firearm in violation of this 
15Section constitutes a single and separate violation.
16(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

17 (720 ILCS 5/24-1.8)
18 Sec. 24-1.8. Unlawful possession of a firearm by a street 
19gang member.
20 (a) A person
commits unlawful possession of a firearm by a 
21street gang member when he or she knowingly:
22  (1) possesses, carries, or conceals on or about his or 
23 her person a firearm and firearm ammunition while on any 
24 street, road, alley, gangway, sidewalk, or any other lands, 
25 except when inside his or her own abode or inside his or 
 
 
SB3057- 141 -LRB100 16603 SLF 31739 b


1 her fixed place of business, and has not been issued a 
2 currently valid Firearm Owner's Identification Card and is 
3 a member of a street gang; or
4  (2) possesses or carries in any vehicle a firearm and 
5 firearm ammunition which are both immediately accessible 
6 at the time of the offense while on any street, road, 
7 alley, or any other lands, except when inside his or her 
8 own abode or garage, and has not been issued a currently 
9 valid Firearm Owner's Identification Card and is a member 
10 of a street gang.
11 (b) Unlawful possession of a firearm by a street gang 
12member is a Class 2 felony for which the person, if sentenced 
13to a term of imprisonment, shall be sentenced to no less than 3 
14years and no more than 10 years. A period of probation, a term 
15of periodic imprisonment or conditional discharge shall not be 
16imposed for the offense of unlawful possession of a firearm by 
17a street gang member when the firearm was loaded or contained 
18firearm ammunition and the court shall sentence the offender to 
19not less than the minimum term of imprisonment authorized for 
20the Class 2 felony.
21 (c) For purposes of this Section:
22  "Street gang" or "gang" has the meaning ascribed to it 
23 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
24 Prevention Act.
25  "Street gang member" or "gang member" has the meaning 
26 ascribed to it in Section 10 of the Illinois Streetgang 
 
 
SB3057- 142 -LRB100 16603 SLF 31739 b


1 Terrorism Omnibus Prevention Act.

2(Source: P.A. 96-829, eff. 12-3-09.)


3 (720 ILCS 5/24-2)



4 Sec. 24-2. Exemptions. 

5 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
624-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
7the following:

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

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

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

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

20  (4) Special agents employed by a railroad or a public 
21 utility to
perform police functions, and guards of armored 
22 car companies, while
actually engaged in the performance of 
23 the duties of their employment or
commuting between their 
24 homes and places of employment; and watchmen
while actually 
25 engaged in the performance of the duties of their 
 
 
SB3057- 143 -LRB100 16603 SLF 31739 b


1 employment.

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

9 Private Security, Fingerprint Vendor, and Locksmith Act of 
10 2004,
while actually
engaged in the performance of the 
11 duties of their employment or commuting
between their homes 
12 and places of employment. A person shall be considered 
13 eligible for this
exemption if he or she has completed the 
14 required 20
hours of training for a private security 
15 contractor, private
detective, or private alarm 
16 contractor, or employee of a licensed private security 
17 contractor, private detective, or private alarm contractor 
18 agency and 20 hours of required firearm
training, and has 
19 been issued a firearm control card by
the Department of 
20 Financial and Professional Regulation. Conditions for the 
21 renewal of
firearm control cards issued under the 
22 provisions of this Section
shall be the same as for those 
23 cards issued under the provisions of the
Private Detective, 
24 Private Alarm,
Private Security, Fingerprint Vendor, and 
25 Locksmith Act of 2004. The
firearm control card shall be 
26 carried by the private security contractor, private

 
 
SB3057- 144 -LRB100 16603 SLF 31739 b


1 detective, or private alarm contractor, or employee of the 
2 licensed private security contractor, private detective, 
3 or private alarm contractor agency at all
times when he or 
4 she is in possession of a concealable weapon permitted by 
5 his or her firearm control card.

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

21 exemption if he or she has completed the required 20
hours 
22 of training for a security officer and 20 hours of required 
23 firearm
training, and has been issued a firearm control 
24 card by
the Department of Financial and Professional 
25 Regulation. Conditions for the renewal of
firearm control 
26 cards issued under the provisions of this Section
shall be 
 
 
SB3057- 145 -LRB100 16603 SLF 31739 b


1 the same as for those cards issued under the provisions of 
2 the
Private Detective, Private Alarm,
Private Security, 
3 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
4 control card shall be carried by the security guard at all

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

7  (7) Agents and investigators of the Illinois 
8 Legislative Investigating
Commission authorized by the 
9 Commission to carry the weapons specified in
subsections 
10 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

11 any investigation for the Commission.

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

15 actually engaged in the performance of their duties, 
16 commuting between
their homes and places of employment, or 
17 traveling between sites or
properties owned or operated by 
18 such financial institution, and who, as a security guard, 
19 is a member of a security force registered with the 
20 Department; provided that
any person so employed has 
21 successfully completed a course of study,
approved by and 
22 supervised by the Department of Financial and Professional 
23 Regulation,
consisting of not less than 40 hours of 
24 training which includes theory of
law enforcement, 
25 liability for acts, and the handling of weapons.
A person 
26 shall be considered to be eligible for this exemption if he 
 
 
SB3057- 146 -LRB100 16603 SLF 31739 b


1 or
she has completed the required 20 hours of training for 
2 a security officer
and 20 hours of required firearm 
3 training, and has been issued a
firearm control card by the 
4 Department of Financial and Professional Regulation.

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

15 armored car services.

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

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

21  (11) Investigators of the Office of the State's 
22 Attorneys Appellate
Prosecutor authorized by the board of 
23 governors of the Office of the
State's Attorneys Appellate 
24 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
25 State's Attorneys Appellate Prosecutor's Act.

26  (12) Special investigators appointed by a State's 
 
 
SB3057- 147 -LRB100 16603 SLF 31739 b


1 Attorney under
Section 3-9005 of the Counties Code.

2  (12.5) Probation officers while in the performance of 
3 their duties, or
while commuting between their homes, 
4 places of employment or specific locations
that are part of 
5 their assigned duties, with the consent of the chief judge 
6 of
the circuit for which they are employed, if they have 
7 received weapons training according
to requirements of the 
8 Peace Officer and Probation Officer Firearm Training Act.

9  (13) Court Security Officers while in the performance 
10 of their official
duties, or while commuting between their 
11 homes and places of employment, with
the
consent of the 
12 Sheriff.

13  (13.5) A person employed as an armed security guard at 
14 a nuclear energy,
storage, weapons or development site or 
15 facility regulated by the Nuclear
Regulatory Commission 
16 who has completed the background screening and training

17 mandated by the rules and regulations of the Nuclear 
18 Regulatory Commission.

19  (14) Manufacture, transportation, or sale of weapons 
20 to
persons
authorized under subdivisions (1) through 
21 (13.5) of this
subsection
to
possess those weapons.

22 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
23to
or affect any person carrying a concealed pistol, revolver, 
24or handgun and the person has been issued a currently valid 
25license under the Firearm Concealed Carry Act at the time of 
26the commission of the offense. 
 
 
SB3057- 148 -LRB100 16603 SLF 31739 b


1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
224-1.6 do not
apply to or affect
any of the following:

3  (1) Members of any club or organization organized for 
4 the purpose of
practicing shooting at targets upon 
5 established target ranges, whether
public or private, and 
6 patrons of such ranges, while such members
or patrons are 
7 using their firearms on those target ranges.

8  (2) Duly authorized military or civil organizations 
9 while parading,
with the special permission of the 
10 Governor.

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

12 permit while engaged in hunting,
trapping or fishing.

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

14 non-functioning state or are not immediately accessible.

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

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

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

26  (3) Members of the Armed Services or Reserve Forces of 
 
 
SB3057- 149 -LRB100 16603 SLF 31739 b


1 the United States
or the Illinois National Guard, while in 
2 the performance of their official
duty.

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

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

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

22  During transportation, such weapons shall be broken 
23 down in a
non-functioning state or not immediately 
24 accessible.

25  (6) The manufacture, transport, testing, delivery, 
26 transfer or sale,
and all lawful commercial or experimental 
 
 
SB3057- 150 -LRB100 16603 SLF 31739 b


1 activities necessary thereto, of
rifles, shotguns, and 
2 weapons made from rifles or shotguns,
or ammunition for 
3 such rifles, shotguns or weapons, where engaged in
by a 
4 person operating as a contractor or subcontractor pursuant 
5 to a
contract or subcontract for the development and supply 
6 of such rifles,
shotguns, weapons or ammunition to the 
7 United States government or any
branch of the Armed Forces 
8 of the United States, when such activities are
necessary 
9 and incident to fulfilling the terms of such contract.

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

11 shall also apply to any authorized agent of any such 
12 contractor or
subcontractor who is operating within the 
13 scope of his employment, where
such activities involving 
14 such weapon, weapons or ammunition are necessary
and 
15 incident to fulfilling the terms of such contract.

16  (7) A person possessing a rifle with a barrel or 
17 barrels less than 16 inches in length if: (A) the person 
18 has been issued a Curios and Relics license from the U.S. 
19 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
20 the person is an active member of a bona fide, nationally 
21 recognized military re-enacting group and the modification 
22 is required and necessary to accurately portray the weapon 
23 for historical re-enactment purposes; the re-enactor is in 
24 possession of a valid and current re-enacting group 
25 membership credential; and the overall length of the weapon 
26 as modified is not less than 26 inches.
 
 
SB3057- 151 -LRB100 16603 SLF 31739 b


1 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
2possession
or carrying of a black-jack or slung-shot by a peace 
3officer.

4 (e) Subsection 24-1(a)(8) does not apply to any owner, 
5manager or
authorized employee of any place specified in that 
6subsection nor to any
law enforcement officer.

7 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
8Section 24-1.6
do not apply
to members of any club or 
9organization organized for the purpose of practicing
shooting 
10at targets upon established target ranges, whether public or 
11private,
while using their firearms on those target ranges.

12 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
13to:

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

17  (2) Bonafide collectors of antique or surplus military 
18 ordnance.

19  (3) Laboratories having a department of forensic 
20 ballistics, or
specializing in the development of 
21 ammunition or explosive ordnance.

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

 
 
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1 outside this State, or the transportation of explosive 
2 bullets to any
organization or person exempted in this 
3 Section by a common carrier or by a
vehicle owned or leased 
4 by an exempted manufacturer.

5 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
6persons licensed
under federal law to manufacture any device or 
7attachment of any kind designed,
used, or intended for use in 
8silencing the report of any firearm, firearms, or
ammunition

9for those firearms equipped with those devices, and actually 
10engaged in the
business of manufacturing those devices, 
11firearms, or ammunition, but only with
respect to
activities 
12that are within the lawful scope of that business, such as the

13manufacture, transportation, or testing of those devices, 
14firearms, or
ammunition. This
exemption does not authorize the 
15general private possession of any device or
attachment of any 
16kind designed, used, or intended for use in silencing the

17report of any firearm, but only such possession and activities 
18as are within
the
lawful scope of a licensed manufacturing 
19business described in this subsection
(g-5). During 
20transportation, these devices shall be detached from any weapon

21or
not immediately accessible.

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

2324-1.6 do not apply to
or affect any parole agent or parole 
24supervisor who meets the qualifications and conditions 
25prescribed in Section 3-14-1.5 of the Unified Code of 
26Corrections. 
 
 
SB3057- 153 -LRB100 16603 SLF 31739 b


1 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
2officer while serving as a member of a tactical response team 
3or special operations team. A peace officer may not personally 
4own or apply for ownership of a device or attachment of any 
5kind designed, used, or intended for use in silencing the 
6report of any firearm. These devices shall be owned and 
7maintained by lawfully recognized units of government whose 
8duties include the investigation of criminal acts.
9 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
1024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
11athlete's possession, transport on official Olympic and 
12Paralympic transit systems established for athletes, or use of 
13competition firearms sanctioned by the International Olympic 
14Committee, the International Paralympic Committee, the 
15International Shooting Sport Federation, or USA Shooting in 
16connection with such athlete's training for and participation 
17in shooting competitions at the 2016 Olympic and Paralympic 
18Games and sanctioned test events leading up to the 2016 Olympic 
19and Paralympic Games. 
20 (h) An information or indictment based upon a violation of 
21any
subsection of this Article need not negative any exemptions 
22contained in
this Article. The defendant shall have the burden 
23of proving such an
exemption.

24 (i) Nothing in this Article shall prohibit, apply to, or 
25affect
the transportation, carrying, or possession, of any 
26pistol or revolver,
stun gun, taser, or other firearm consigned 
 
 
SB3057- 154 -LRB100 16603 SLF 31739 b


1to a common carrier operating
under license of the State of 
2Illinois or the federal government, where
such transportation, 
3carrying, or possession is incident to the lawful

4transportation in which such common carrier is engaged; and 
5nothing in this
Article shall prohibit, apply to, or affect the 
6transportation, carrying,
or possession of any pistol, 
7revolver, stun gun, taser, or other firearm,
not the subject of 
8and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
9this Article, which is unloaded and enclosed in a case, firearm

10carrying box, shipping box, or other container, by a person 
11eligible under State and federal law to possess a firearm the 
12possessor of a valid
Firearm Owners Identification Card.

13(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)



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.

 
 
SB3057- 155 -LRB100 16603 SLF 31739 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 institution within the past 5 
6 years. In this subsection (e):
7   "Mental institution" means any hospital, 
8 institution, clinic, evaluation facility, mental 
9 health center, or part thereof, which is used primarily 
10 for the care or treatment of persons with mental 
11 illness. 
12   "Patient in a mental institution" means the person 
13 was admitted, either voluntarily or involuntarily, to 
14 a mental institution for mental health treatment, 
15 unless the treatment was voluntary and solely for an 
16 alcohol abuse disorder and no other secondary 
17 substance abuse disorder or mental illness.

18  (f) Sells or gives any firearms to any person who is a 
19 person with an intellectual disability.

20  (g) Delivers any firearm of a size which may be 
21 concealed upon the
person, incidental to a sale, without 
22 withholding delivery of such firearm
for at least 72 hours 
23 after application for its purchase has been made, or

24 delivers any rifle, shotgun or other long gun, or a stun 
25 gun or taser, incidental to a sale,
without withholding 
26 delivery of such rifle, shotgun or other long gun, or a 
 
 
SB3057- 156 -LRB100 16603 SLF 31739 b


1 stun gun or taser for
at least 24 hours after application 
2 for its purchase has been made.
However,
this paragraph (g) 
3 does not apply to: (1) the sale of a firearm
to a law 
4 enforcement officer if the seller of the firearm knows that 
5 the person to whom he or she is selling the firearm is a 
6 law enforcement officer or the sale of a firearm to a 
7 person who desires to purchase a firearm for
use in 
8 promoting the public interest incident to his or her 
9 employment as a
bank guard, armed truck guard, or other 
10 similar employment; (2) a mail
order sale of a firearm from 
11 a federally licensed firearms dealer to a nonresident of 
12 Illinois under which the firearm
is mailed to a federally 
13 licensed firearms dealer outside the boundaries of 
14 Illinois; (3) the sale
of a firearm to a nonresident of 
15 Illinois while at a firearm showing or display
recognized 
16 by the Illinois Department of State Police; (4) the sale of 
17 a
firearm to a dealer licensed as a federal firearms dealer 
18 under Section 923
of the federal Gun Control Act of 1968 
19 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
20 shotgun, or other long gun to a resident registered 
21 competitor or attendee or non-resident registered 
22 competitor or attendee by any dealer licensed as a federal 
23 firearms dealer under Section 923 of the federal Gun 
24 Control Act of 1968 at competitive shooting events held at 
25 the World Shooting Complex sanctioned by a national 
26 governing body. For purposes of transfers or sales under 
 
 
SB3057- 157 -LRB100 16603 SLF 31739 b


1 subparagraph (5) of this paragraph (g), the Department of 
2 Natural Resources shall give notice to the Department of 
3 State Police at least 30 calendar days prior to any 
4 competitive shooting events at the World Shooting Complex 
5 sanctioned by a national governing body. The notification 
6 shall be made on a form prescribed by the Department of 
7 State Police. The sanctioning body shall provide a list of 
8 all registered competitors and attendees at least 24 hours 
9 before the events to the Department of State Police. Any 
10 changes to the list of registered competitors and attendees 
11 shall be forwarded to the Department of State Police as 
12 soon as practicable. The Department of State Police must 
13 destroy the list of registered competitors and attendees no 
14 later than 30 days after the date of the event. Nothing in 
15 this paragraph (g) relieves a federally licensed firearm 
16 dealer from the requirements of conducting a NICS 
17 background check through the Illinois Point of Contact 
18 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
19 "application" means when the buyer and seller reach an 
20 agreement to purchase a firearm.
For purposes of this 
21 paragraph (g), "national governing body" means a group of 
22 persons who adopt rules and formulate policy on behalf of a 
23 national firearm sporting organization. 

24  (h) While holding any license
as a dealer,
importer, 
25 manufacturer or pawnbroker
under the federal Gun Control 
26 Act of 1968,
manufactures, sells or delivers to any 
 
 
SB3057- 158 -LRB100 16603 SLF 31739 b


1 unlicensed person a handgun having
a barrel, slide, frame 
2 or receiver which is a die casting of zinc alloy or
any 
3 other nonhomogeneous metal which will melt or deform at a 
4 temperature
of less than 800 degrees Fahrenheit. For 
5 purposes of this paragraph, (1)
"firearm" is defined as in 
6 the Firearm Owners Identification Card Act; and (2)

7 "handgun" is defined as a firearm designed to be held
and 
8 fired by the use of a single hand, and includes a 
9 combination of parts from
which such a firearm can be 
10 assembled.

11  (i) Sells or gives a firearm of any size to any person 
12 under 18 years of
age who is not eligible under State or 
13 federal law to possess a firearm does not possess a valid 
14 Firearm Owner's Identification Card.

15  (j) Sells or gives a firearm while engaged in the 
16 business of selling
firearms at wholesale or retail without 
17 being licensed as a federal firearms
dealer under Section 
18 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
19 In this paragraph (j):

20  A person "engaged in the business" means a person who 
21 devotes time,
attention, and
labor to
engaging in the 
22 activity as a regular course of trade or business with the

23 principal objective of livelihood and profit, but does not 
24 include a person who
makes occasional repairs of firearms 
25 or who occasionally fits special barrels,
stocks, or 
26 trigger mechanisms to firearms.

 
 
SB3057- 159 -LRB100 16603 SLF 31739 b


1  "With the principal objective of livelihood and 
2 profit" means that the
intent
underlying the sale or 
3 disposition of firearms is predominantly one of
obtaining 
4 livelihood and pecuniary gain, as opposed to other intents, 
5 such as
improving or liquidating a personal firearms 
6 collection; however, proof of
profit shall not be required 
7 as to a person who engages in the regular and
repetitive 
8 purchase and disposition of firearms for criminal purposes 
9 or
terrorism.

10  (k) (Blank). Sells or transfers ownership of a firearm 
11 to a person who does not display to the seller or 
12 transferor of the firearm either: (1) a currently valid 
13 Firearm Owner's Identification Card that has previously 
14 been issued in the transferee's name by the Department of 
15 State Police under the provisions of the Firearm Owners 
16 Identification Card Act; or (2) a currently valid license 
17 to carry a concealed firearm that has previously been 
18 issued in the transferee's name by the
Department of State 
19 Police under the Firearm Concealed Carry Act. This 
20 paragraph (k) does not apply to the transfer of a firearm 
21 to a person who is exempt from the requirement of 
22 possessing a Firearm Owner's Identification Card under 
23 Section 2 of the Firearm Owners Identification Card Act. 
24 For the purposes of this Section, a currently valid Firearm 
25 Owner's Identification Card means (i) a Firearm Owner's 
26 Identification Card that has not expired or (ii) an 
 
 
SB3057- 160 -LRB100 16603 SLF 31739 b


1 approval number issued in accordance with subsection 
2 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
3 Identification Card Act shall be proof that the Firearm 
4 Owner's Identification Card was valid.
5   (1) (Blank). In addition to the other requirements 
6 of this paragraph (k), all persons who are not 
7 federally licensed firearms dealers must also have 
8 complied with subsection (a-10) of Section 3 of the 
9 Firearm Owners Identification Card Act by determining 
10 the validity of a purchaser's Firearm Owner's 
11 Identification Card.
12   (2) (Blank). All sellers or transferors who have 
13 complied with the requirements of subparagraph (1) of 
14 this paragraph (k) shall not be liable for damages in 
15 any civil action arising from the use or misuse by the 
16 transferee of the firearm transferred, except for 
17 willful or wanton misconduct on the part of the seller 
18 or transferor. 
19  (l) Not
being entitled to the possession of a firearm, 
20 delivers the
firearm, knowing it to have been stolen or 
21 converted. It may be inferred that
a person who possesses a 
22 firearm with knowledge that its serial number has
been 
23 removed or altered has knowledge that the firearm is stolen 
24 or converted. 
25 (B) Paragraph (h) of subsection (A) does not include 
26firearms sold within 6
months after enactment of Public
Act 
 
 
SB3057- 161 -LRB100 16603 SLF 31739 b


178-355 (approved August 21, 1973, effective October 1, 1973), 
2nor is any
firearm legally owned or
possessed by any citizen or 
3purchased by any citizen within 6 months after the
enactment of 
4Public Act 78-355 subject
to confiscation or seizure under the 
5provisions of that Public Act. Nothing in
Public Act 78-355 
6shall be construed to prohibit the gift or trade of
any firearm 
7if that firearm was legally held or acquired within 6 months 
8after
the enactment of that Public Act.

9 (C) Sentence.

10  (1) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (c), (e), (f), (g), 
12 or (h) of subsection (A) commits a Class
4
felony.

13  (2) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of
paragraph (b) or (i) of 
15 subsection (A) commits a Class 3 felony.

16  (3) Any person convicted of unlawful sale or delivery 
17 of firearms in violation of
paragraph (a) of subsection (A) 
18 commits a Class 2 felony.

19  (4) Any person convicted of unlawful sale or delivery 
20 of firearms in violation of
paragraph (a), (b), or (i) of 
21 subsection (A) in any school, on the real
property 
22 comprising a school, within 1,000 feet of the real property 
23 comprising
a school, at a school related activity, or on or 
24 within 1,000 feet of any
conveyance owned, leased, or 
25 contracted by a school or school district to
transport 
26 students to or from school or a school related activity,

 
 
SB3057- 162 -LRB100 16603 SLF 31739 b


1 regardless of the time of day or time of year at which the 
2 offense
was committed, commits a Class 1 felony. Any person 
3 convicted of a second
or subsequent violation of unlawful 
4 sale or delivery of firearms in violation of paragraph
(a), 
5 (b), or (i) of subsection (A) in any school, on the real 
6 property
comprising a school, within 1,000 feet of the real 
7 property comprising a
school, at a school related activity, 
8 or on or within 1,000 feet of any
conveyance owned, leased, 
9 or contracted by a school or school district to
transport 
10 students to or from school or a school related activity,

11 regardless of the time of day or time of year at which the 
12 offense
was committed, commits a Class 1 felony for which 
13 the sentence shall be a
term of imprisonment of no less 
14 than 5 years and no more than 15 years.

15  (5) Any person convicted of unlawful sale or delivery 
16 of firearms in violation of
paragraph (a) or (i) of 
17 subsection (A) in residential property owned,
operated, or 
18 managed by a public housing agency or leased by a public 
19 housing
agency as part of a scattered site or mixed-income 
20 development, in a public
park, in a
courthouse, on 
21 residential property owned, operated, or managed by a 
22 public
housing agency or leased by a public housing agency 
23 as part of a scattered site
or mixed-income development, on 
24 the real property comprising any public park,
on the real

25 property comprising any courthouse, or on any public way 
26 within 1,000 feet
of the real property comprising any 
 
 
SB3057- 163 -LRB100 16603 SLF 31739 b


1 public park, courthouse, or residential
property owned, 
2 operated, or managed by a public housing agency or leased 
3 by a
public housing agency as part of a scattered site or 
4 mixed-income development
commits a
Class 2 felony.

5  (6) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of
paragraph (j) of subsection (A) 
7 commits a Class A misdemeanor. A second or
subsequent 
8 violation is a Class 4 felony.
9  (7) (Blank). Any person convicted of unlawful sale or 
10 delivery of firearms in violation of paragraph (k) of 
11 subsection (A) commits a Class 4 felony, except that a 
12 violation of subparagraph (1) of paragraph (k) of 
13 subsection (A) shall not be punishable as a crime or petty 
14 offense. A third or subsequent conviction for a violation 
15 of paragraph (k) of subsection (A) is a Class 1 felony.


16  (8) A person 18 years of age or older convicted of 
17 unlawful sale or delivery of firearms in violation of 
18 paragraph (a) or (i) of subsection (A), when the firearm 
19 that was sold or given to another person under 18 years of 
20 age was used in the commission of or attempt to commit a 
21 forcible felony, shall be fined or imprisoned, or both, not 
22 to exceed the maximum provided for the most serious 
23 forcible felony so committed or attempted by the person 
24 under 18 years of age who was sold or given the firearm. 
25  (9) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (d) of subsection (A) 
 
 
SB3057- 164 -LRB100 16603 SLF 31739 b


1 commits a Class 3 felony.
2  (10) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of paragraph (l) of subsection (A) 
4 commits a Class 2 felony if the delivery is of one firearm. 
5 Any person convicted of unlawful sale or delivery of 
6 firearms in violation of paragraph (l) of subsection (A) 
7 commits a Class 1 felony if the delivery is of not less 
8 than 2 and not more than 5 firearms at the
same time or 
9 within a one year period. Any person convicted of unlawful 
10 sale or delivery of firearms in violation of paragraph (l) 
11 of subsection (A) commits a Class X felony for which he or 
12 she shall be sentenced
to a term of imprisonment of not 
13 less than 6 years and not more than 30
years if the 
14 delivery is of not less than 6 and not more than 10 
15 firearms at the
same time or within a 2 year period. Any 
16 person convicted of unlawful sale or delivery of firearms 
17 in violation of paragraph (l) of subsection (A) commits a 
18 Class X felony for which he or she shall be sentenced
to a 
19 term of imprisonment of not less than 6 years and not more 
20 than 40
years if the delivery is of not less than 11 and 
21 not more than 20 firearms at the
same time or within a 3 
22 year period. Any person convicted of unlawful sale or 
23 delivery of firearms in violation of paragraph (l) of 
24 subsection (A) commits a Class X felony for which he or she 
25 shall be sentenced
to a term of imprisonment of not less 
26 than 6 years and not more than 50
years if the delivery is 
 
 
SB3057- 165 -LRB100 16603 SLF 31739 b


1 of not less than 21 and not more than 30 firearms at the

2 same time or within a 4 year period. Any person convicted 
3 of unlawful sale or delivery of firearms in violation of 
4 paragraph (l) of subsection (A) commits a Class X felony 
5 for which he or she shall be sentenced
to a term of 
6 imprisonment of not less than 6 years and not more than 60

7 years if the delivery is of 31 or more firearms at the
same 
8 time or within a 5 year period. 
9 (D) For purposes of this Section:

10 "School" means a public or private elementary or secondary 
11school,
community college, college, or university.

12 "School related activity" means any sporting, social, 
13academic, or
other activity for which students' attendance or 
14participation is sponsored,
organized, or funded in whole or in 
15part by a school or school district.

16 (E) A prosecution for a violation of paragraph (k) of 
17subsection (A) of this Section may be commenced within 6 years 
18after the commission of the offense. A prosecution for a 
19violation of this Section other than paragraph (g) of 
20subsection (A) of this Section may be commenced within 5 years 
21after the commission of the offense defined in the particular 
22paragraph.

23(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
2499-143, eff. 7-27-15; 99-642, eff. 7-28-16.)




25 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



 
 
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1 Sec. 24-3.1. Unlawful possession of firearms and firearm 
2ammunition. 

3 (a) A person commits the offense of unlawful possession of 
4firearms
or firearm ammunition when:

5  (1) He is under 18 years of age and has in his 
6 possession
any firearm of
a size which may be concealed 
7 upon the person; or

8  (2) He is under 21 years of age, has been convicted of 
9 a misdemeanor
other than a traffic offense or adjudged 
10 delinquent and has
any firearms or
firearm ammunition in 
11 his possession; or

12  (3) He is a narcotic addict and has
any firearms or 
13 firearm ammunition
in his possession; or

14  (4) He has been a patient in a mental institution 
15 within the past 5 years
and has
any firearms or firearm 
16 ammunition in his possession. For purposes of this 
17 paragraph (4):
18   "Mental institution" means any hospital, 
19 institution, clinic, evaluation facility, mental 
20 health center, or part thereof, which is used primarily 
21 for the care or treatment of persons with mental 
22 illness.
23   "Patient in a mental institution" means the person 
24 was admitted, either voluntarily or involuntarily, to 
25 a mental institution for mental health treatment, 
26 unless the treatment was voluntary and solely for an 
 
 
SB3057- 167 -LRB100 16603 SLF 31739 b


1 alcohol abuse disorder and no other secondary 
2 substance abuse disorder or mental illness; or

3  (5) He is a person with an intellectual disability and 
4 has
any firearms or firearm ammunition
in his possession; 
5 or

6  (6) He has in his possession any explosive bullet.

7 For purposes of this paragraph "explosive bullet" means the 
8projectile
portion of an ammunition cartridge which contains or 
9carries an explosive
charge which will explode upon contact 
10with the flesh of a human or an animal.
"Cartridge" means a 
11tubular metal case having a projectile affixed at the
front 
12thereof and a cap or primer at the rear end thereof, with the 
13propellant
contained in such tube between the projectile and 
14the cap.

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

23 law. 
24 (b) Sentence.

25 Unlawful possession of firearms, other than handguns, and 
26firearm
ammunition is a Class A misdemeanor. Unlawful 
 
 
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1possession of handguns is a
Class 4 felony. The possession of 
2each firearm or firearm ammunition in violation of this Section 
3constitutes a single and separate violation.


4 (c) Nothing in paragraph (1) of subsection (a) of this 
5Section prohibits
a person under 18 years of age from 
6participating in any lawful recreational
activity with a 
7firearm such as, but not limited to, practice shooting at

8targets upon established public or private target ranges or 
9hunting, trapping,
or fishing in accordance with the Wildlife 
10Code or the Fish and Aquatic Life
Code.

11(Source: P.A. 99-143, eff. 7-27-15.)





12 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



13 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 

14 (a) A person
commits the offense of unlawful discharge of 
15firearm projectiles when he
or she knowingly
or recklessly uses 
16an armor piercing bullet, dragon's
breath shotgun shell, bolo 
17shell, or flechette
shell
in violation of
this Section.

18 For purposes of this Section:

19 "Armor piercing bullet" means
any handgun bullet or handgun 
20ammunition with projectiles or projectile cores
constructed 
21entirely (excluding the presence of traces of other substances)

22from tungsten alloys, steel, iron, brass, bronze, beryllium 
23copper
or depleted uranium, or fully jacketed bullets larger 
24than 22 caliber whose
jacket
has a weight of more than 25% of 
25the total weight of the projectile, and
excluding those handgun

 
 
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1projectiles whose cores are composed of soft materials such as 
2lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
3designed primarily for
sporting purposes, and any
other 
4projectiles or projectile cores that the U. S. Secretary of the 
5Treasury
finds to be primarily intended to be used for sporting 
6purposes or industrial
purposes or that otherwise does not 
7constitute "armor piercing ammunition" as
that term is defined 
8by federal law.

9 "Dragon's breath shotgun shell" means any shotgun shell 
10that contains
exothermic pyrophoric mesh metal as the 
11projectile and is designed for the
purpose of throwing or 
12spewing a flame or fireball to simulate a flame-thrower.

13 "Bolo shell" means any shell that can be fired in a firearm 
14and expels as
projectiles 2 or more metal balls connected by 
15solid metal wire.

16 "Flechette shell" means any shell that can be fired in a 
17firearm and expels
2 or more pieces of fin-stabilized solid 
18metal wire or 2 or more solid
dart-type
projectiles.

19 (b) A person commits a Class X felony when he or she, 
20knowing that a
firearm,
as defined in Section
1.1 of the 
21Firearm Owners Identification Card
Act, is loaded with an armor

22piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
23flechette
shell,
intentionally or recklessly discharges such 
24firearm and such bullet or
shell strikes
any other person.

25 (c) Any person who possesses, concealed on or about his or 
26her person,
an armor
piercing bullet, dragon's breath shotgun 
 
 
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1shell, bolo
shell, or flechette
shell
and a firearm suitable 
2for the discharge thereof is guilty
of a Class 2 felony.

3 (d) This Section does not apply to or affect any of the 
4following:

5  (1) Peace officers;

6  (2) Wardens, superintendents and keepers of prisons, 
7 penitentiaries, jails
and other institutions for the 
8 detention of persons accused or convicted of an
offense;

9  (3) Members of the Armed Services or Reserve Forces of 
10 the United States
or the Illinois National Guard while in 
11 the performance of their official
duties;

12  (4) Federal officials required to carry firearms, 
13 while engaged in the
performance of their official duties;


14  (5) United States Marshals, while engaged in the 
15 performance of their
official duties.

16(Source: P.A. 92-423, eff. 1-1-02.)





17 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



18 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 

19 (a) It shall be unlawful for any person who holds a license 
20to sell at
retail any alcoholic liquor issued by the Illinois 
21Liquor Control
Commission or local liquor control commissioner 
22under the Liquor Control Act
of 1934 or an agent or employee of 
23the licensee to sell or deliver to any
other person a firearm 
24in or on the real property of the establishment
where the 
25licensee is licensed to sell alcoholic liquors unless the sale 
 
 
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1or
delivery of the firearm is otherwise lawful under this 
2Article and under the
Firearm Owners Identification Card Act.

3 (b) Sentence. A violation of subsection (a) of this Section 
4is a
Class 4 felony.

5(Source: P.A. 87-591.)





6 (720 ILCS 5/24-3.5)


7 Sec. 24-3.5. Unlawful purchase of a firearm. 

8 (a) For purposes of this Section,
"firearms transaction 
9record form" means a form:


10  (1) executed by a transferee
of a firearm stating: (i) 
11 the transferee's name and address (including county
or 
12 similar political subdivision); (ii) whether the 
13 transferee is a citizen of
the United States;
(iii) the 
14 transferee's State of residence; and (iv) the date and 
15 place of
birth, height, weight, and race of the transferee; 
16 and


17  (2) on which the transferee certifies that he or she is 
18 not
prohibited by federal law from transporting or shipping 
19 a firearm
in interstate or foreign commerce or receiving a 
20 firearm that has been shipped
or transported in interstate 
21 or foreign commerce or possessing a firearm in or
affecting 
22 commerce.

23 (b) A person commits the offense of unlawful purchase of a 
24firearm who
knowingly purchases or attempts to purchase a

25firearm with the intent to deliver that firearm to another 
 
 
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1person who
is prohibited by federal or State law from 
2possessing a firearm.

3 (c) A person commits the offense of unlawful purchase of a 
4firearm when he
or she, in purchasing or attempting to purchase 
5a firearm, intentionally
provides false or
misleading 
6information on a United States Department of the Treasury, 
7Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
8record form.

9 (d) Exemption. It is not a violation of subsection (b) of 
10this Section for a
person to make a gift or loan of a firearm to 
11a
person who is not
prohibited by federal or State law from 
12possessing a firearm
if the transfer of the firearm
is made in 
13accordance with Section 3 of the Firearm Owners Identification 
14Card
Act.

15 (e) Sentence.

16  (1) A person who commits the offense of unlawful 
17 purchase of a
firearm:

18   (A) is guilty of a Class 2 felony for purchasing or 
19 attempting to
purchase one firearm;

20   (B) is guilty of a Class 1 felony for purchasing or 
21 attempting to
purchase not less than 2
firearms and not 
22 more than 5 firearms at the same time or within a one

23 year period;

24   (C) is guilty of a Class X felony for which the 
25 offender shall be sentenced to a term of imprisonment 
26 of not less than 9 years and not more than 40 years for 
 
 
SB3057- 174 -LRB100 16603 SLF 31739 b


1 purchasing or attempting to
purchase not less than 6

2 firearms at the same time or within a 2
year period.

3  (2) In addition to any other penalty that may be 
4 imposed for a violation
of this Section, the court may 
5 sentence a person convicted of a violation of
subsection 
6 (c) of this Section to a fine not to exceed $250,000 for 
7 each
violation.

8 (f) A prosecution for unlawful purchase of a firearm may be 
9commenced within 6 years after the commission of the offense.

10(Source: P.A. 95-882, eff. 1-1-09.)


11 (720 ILCS 5/24-4.1)

12 Sec. 24-4.1. Report of lost or stolen firearms.

13 (a) If a person who possesses a valid Firearm Owner's 
14Identification Card and who possesses or acquires a firearm 
15thereafter loses the firearm, or if the firearm is stolen from 
16the person, the person must report the loss or theft to the 
17local law enforcement agency within 72 hours after obtaining 
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall take 
20a written report and shall, as soon as practical, enter the 
21firearm's serial number as stolen into the Law Enforcement 
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24  (1) the failure to report is due to an act of God, act 
25 of war, or inability of a law enforcement agency to receive 
 
 
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1 the report;
2  (2) the person is hospitalized, in a coma, or is 
3 otherwise seriously physically or mentally impaired as to 
4 prevent the person from reporting; or
5  (3) the person's designee makes a report if the person 
6 is unable to make the report. 
7 (d) Sentence. A person who violates this Section is guilty 
8of a petty offense for a first violation. A second or 
9subsequent violation of this Section is a Class A misdemeanor.

10(Source: P.A. 98-508, eff. 8-19-13.)

11 (720 ILCS 5/24-4.5 new)

12 Sec. 24-4.5. Dial up system.
13 (a) The Department of State Police shall provide
a dial up 
14telephone system or utilize other existing technology which 
15shall be used by any federally licensed
firearm dealer, gun 
16show promoter, or gun show vendor who is to transfer a firearm, 
17stun gun, or taser under the provisions of this
Code. The 
18Department of State Police may utilize existing technology 
19which
allows the caller to be charged a fee not to exceed $2. 
20Fees collected by the Department of
State Police shall be 
21deposited in the State Police Services Fund and used
to provide 
22the service.
23 (b) Upon receiving a request from a federally licensed 
24firearm dealer, gun show promoter, or gun show vendor, the

25Department of State Police shall immediately approve, or within 
 
 
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1the time
period established by Section 24-3 of this Code 
2regarding
the delivery of firearms, stun guns, and tasers 
3notify the inquiring dealer, gun show promoter, or gun show 
4vendor of any objection that
would disqualify the transferee 
5from acquiring or possessing a firearm, stun gun, or taser. In

6conducting the inquiry, the Department of State Police shall 
7initiate and
complete an automated search of its criminal 
8history record information
files and those of the Federal 
9Bureau of Investigation, including the
National Instant 
10Criminal Background Check System, and of the files of
the 
11Department of Human Services relating to mental health and

12developmental disabilities to obtain
any felony conviction or 
13patient hospitalization information which would
disqualify a 
14person from obtaining a firearm.
15 (c) If receipt of a firearm would not violate Section 24-3 
16of this Code or federal law, the Department of State Police 
17shall:

18  (1) assign a unique identification number to the 
19 transfer; and
20  (2) provide the licensee, gun show promoter, or gun 
21 show vendor with the number.
22 (d) Approvals issued by the Department of State Police for 
23the purchase of a firearm are valid for 30 days from the date 
24of issue.

25 (e)(1) The Department of State Police must act as the 
26Illinois Point of Contact
for the National Instant Criminal 
 
 
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1Background Check System.
2 (2) The Department of State Police and the Department of 
3Human Services shall, in accordance with State and federal law 
4regarding confidentiality, enter into a memorandum of 
5understanding with the Federal Bureau of Investigation for the 
6purpose of implementing the National Instant Criminal 
7Background Check System in the State. The Department of State 
8Police shall report the name, date of birth, and physical 
9description of any person prohibited from possessing a firearm 
10under this Code or 18 U.S.C. 922(g) and (n) to the National 
11Instant Criminal Background Check System Index, Denied Persons 
12Files.
13 (f) The Department of State Police shall adopt rules not 
14inconsistent with this Section to implement this
system.





15 (720 ILCS 5/24-9)



16 Sec. 24-9. Firearms; Child Protection. 

17 (a) Except as provided in
subsection (c), it is unlawful

18for any person to
store or leave, within premises under his or 
19her control, a firearm if
the
person knows or has reason to 
20believe that a minor under the age of 14
years who does not 
21have a Firearm Owners Identification Card is likely to gain

22access to the firearm without the lawful permission
of the 
23person possessing the firearm, minor's parent, guardian, or 
24person having charge of the minor, and
the minor causes death 
25or great bodily harm with the firearm, unless
the firearm is:

 
 
SB3057- 178 -LRB100 16603 SLF 31739 b


1  (1) secured by a device or mechanism, other than the 
2 firearm safety,
designed to render a firearm temporarily 
3 inoperable; or

4  (2) placed in a securely locked box or container; or

5  (3) placed in some other location that a reasonable 
6 person would
believe to be secure from a minor under the 
7 age of 14 years.

8 (b) Sentence. A person who violates this Section is guilty 
9of a Class C
misdemeanor and shall be fined not less than 
10$1,000. A second or subsequent
violation of this Section is a 
11Class A misdemeanor.

12 (c) Subsection (a) does not apply:

13  (1) if the minor under 14 years of age gains access to 
14 a
firearm and uses it in a lawful act of self-defense or 
15 defense of another; or

16  (2) to any firearm obtained by a minor under the age of 
17 14 because of
an unlawful entry of the premises by the 
18 minor or another person.

19 (d) (Blank). For the purposes of this Section, "firearm" 
20has the meaning ascribed
to it in Section
1.1 of the Firearm 
21Owners Identification Card Act.

22(Source: P.A. 91-18, eff. 1-1-00.)


23 Section 85. The Methamphetamine Control and Community 
24Protection Act is amended by changing Section 10 as follows:

 
 
SB3057- 179 -LRB100 16603 SLF 31739 b


1 (720 ILCS 646/10)

2 Sec. 10. Definitions. As used in this Act:
3 "Anhydrous ammonia" has the meaning provided in subsection 
4(d) of Section 3 of the Illinois Fertilizer Act of 1961.

5 "Anhydrous ammonia equipment" means all items used to 
6store, hold, contain, handle, transfer, transport, or apply 
7anhydrous ammonia for lawful purposes.

8 "Booby trap" means any device designed to cause physical 
9injury when triggered by an act of a person approaching, 
10entering, or moving through a structure, a vehicle, or any 
11location where methamphetamine has been manufactured, is being 
12manufactured, or is intended to be manufactured.

13 "Deliver" or "delivery" has the meaning provided in 
14subsection (h) of Section 102 of the Illinois Controlled 
15Substances Act.

16 "Director" means the Director of State Police or the 
17Director's designated agents.

18 "Dispose" or "disposal" means to abandon, discharge, 
19release, deposit, inject, dump, spill, leak, or place 
20methamphetamine waste onto or into any land, water, or well of 
21any type so that the waste has the potential to enter the 
22environment, be emitted into the air, or be discharged into the 
23soil or any waters, including groundwater.

24 "Emergency response" means the act of collecting evidence 
25from or securing a methamphetamine laboratory site, 
26methamphetamine waste site or other methamphetamine-related 
 
 
SB3057- 180 -LRB100 16603 SLF 31739 b


1site and cleaning up the site, whether these actions are 
2performed by public entities or private contractors paid by 
3public entities.

4 "Emergency service provider" means a local, State, or 
5federal peace officer, firefighter, emergency medical 
6technician-ambulance, emergency
medical 
7technician-intermediate, emergency medical 
8technician-paramedic, ambulance driver, or other medical or 
9first aid personnel rendering aid, or any agent or designee of 
10the foregoing.

11 "Finished methamphetamine" means methamphetamine in a form 
12commonly used for personal consumption.
13 "Firearm" has the meaning provided in Section 2-7.5 of the 
14Criminal Code of 2012 1.1 of the Firearm Owners Identification 
15Card Act.

16 "Manufacture" means to produce, prepare, compound, 
17convert, process, synthesize, concentrate, purify, separate, 
18extract, or package any methamphetamine, methamphetamine 
19precursor, methamphetamine manufacturing catalyst, 
20methamphetamine manufacturing reagent, methamphetamine 
21manufacturing solvent, or any substance containing any of the 
22foregoing.

23 "Methamphetamine" means the chemical methamphetamine (a 
24Schedule II controlled substance under the Illinois Controlled 
25Substances Act) or any salt, optical isomer, salt of optical 
26isomer, or analog thereof, with the exception of 
 
 
SB3057- 181 -LRB100 16603 SLF 31739 b


13,4-Methylenedioxymethamphetamine (MDMA) or any other 
2scheduled substance with a separate listing under the Illinois 
3Controlled Substances Act.
4 "Methamphetamine manufacturing catalyst" means any 
5substance that has been used, is being used, or is intended to 
6be used to activate, accelerate, extend, or improve a chemical 
7reaction involved in the manufacture of methamphetamine.

8 "Methamphetamine manufacturing environment" means a 
9structure or vehicle in which:

10  (1) methamphetamine is being or has been manufactured;

11  (2) chemicals that are being used, have been used, or 
12 are intended to be used to manufacture methamphetamine are 
13 stored;

14  (3) methamphetamine manufacturing materials that have 
15 been used to manufacture methamphetamine are stored; or

16  (4) methamphetamine manufacturing waste is stored.

17 "Methamphetamine manufacturing material" means any 
18methamphetamine precursor, substance containing any 
19methamphetamine precursor, methamphetamine manufacturing 
20catalyst, substance containing any methamphetamine 
21manufacturing catalyst, methamphetamine manufacturing reagent, 
22substance containing any methamphetamine manufacturing 
23reagent, methamphetamine manufacturing solvent, substance 
24containing any methamphetamine manufacturing solvent, or any 
25other chemical, substance, ingredient, equipment, apparatus, 
26or item that is being used, has been used, or is intended to be 
 
 
SB3057- 182 -LRB100 16603 SLF 31739 b


1used in the manufacture of methamphetamine.

2 "Methamphetamine manufacturing reagent" means any 
3substance other than a methamphetamine manufacturing catalyst 
4that has been used, is being used, or is intended to be used to 
5react with and chemically alter any methamphetamine precursor.
6 "Methamphetamine manufacturing solvent" means any 
7substance that has been used, is being used, or is intended to 
8be used as a medium in which any methamphetamine precursor, 
9methamphetamine manufacturing catalyst, methamphetamine 
10manufacturing reagent, or any substance containing any of the 
11foregoing is dissolved, diluted, or washed during any part of 
12the methamphetamine manufacturing process.

13 "Methamphetamine manufacturing waste" means any chemical, 
14substance, ingredient, equipment, apparatus, or item that is 
15left over from, results from, or is produced by the process of 
16manufacturing methamphetamine, other than finished 
17methamphetamine.

18 "Methamphetamine precursor" means ephedrine, 
19pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
20phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
21isomer, or salt of an optical isomer of any of these chemicals.

22 "Multi-unit dwelling" means a unified structure used or 
23intended for use as a habitation, home, or residence that 
24contains 2 or more condominiums, apartments, hotel rooms, motel 
25rooms, or other living units.

26 "Package" means an item marked for retail sale that is not 
 
 
SB3057- 183 -LRB100 16603 SLF 31739 b


1designed to be further broken down or subdivided for the 
2purpose of retail sale.

3 "Participate" or "participation" in the manufacture of 
4methamphetamine means to produce, prepare, compound, convert, 
5process, synthesize, concentrate, purify, separate, extract, 
6or package any methamphetamine, methamphetamine precursor, 
7methamphetamine manufacturing catalyst, methamphetamine 
8manufacturing reagent, methamphetamine manufacturing solvent, 
9or any substance containing any of the foregoing, or to assist 
10in any of these actions, or to attempt to take any of these 
11actions, regardless of whether this action or these actions 
12result in the production of finished methamphetamine.

13 "Person with a disability" means a person who suffers from 
14a permanent physical or mental impairment resulting from 
15disease, injury, functional disorder, or congenital condition 
16which renders the person incapable of adequately providing for 
17his or her own health and personal care.

18 "Procure" means to purchase, steal, gather, or otherwise 
19obtain, by legal or illegal means, or to cause another to take 
20such action.

21 "Second or subsequent offense" means an offense under this 
22Act committed by an offender who previously committed an 
23offense under this Act, the Illinois Controlled Substances Act, 
24the Cannabis Control Act, or another Act of this State, another 
25state, or the United States relating to methamphetamine, 
26cannabis, or any other controlled substance.

 
 
SB3057- 184 -LRB100 16603 SLF 31739 b


1 "Standard dosage form", as used in relation to any 
2methamphetamine precursor, means that the methamphetamine 
3precursor is contained in a pill, tablet, capsule, caplet, gel 
4cap, or liquid cap that has been manufactured by a lawful 
5entity and contains a standard quantity of methamphetamine 
6precursor.

7 "Unauthorized container", as used in relation to anhydrous 
8ammonia, means any container that is not designed for the 
9specific and sole purpose of holding, storing, transporting, or 
10applying anhydrous ammonia. "Unauthorized container" includes, 
11but is not limited to, any propane tank, fire extinguisher, 
12oxygen cylinder, gasoline can, food or beverage cooler, or 
13compressed gas cylinder used in dispensing fountain drinks. 
14"Unauthorized container" does not encompass anhydrous ammonia 
15manufacturing plants, refrigeration systems
where anhydrous 
16ammonia is used solely as a refrigerant, anhydrous ammonia 
17transportation pipelines, anhydrous ammonia tankers, or 
18anhydrous ammonia barges.


19(Source: P.A. 97-434, eff. 1-1-12.)

20 Section 90. The Code of Criminal Procedure of 1963 is 
21amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and 
22112A-14 as follows:




23 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



24 Sec. 110-10. Conditions of bail bond. 

 
 
SB3057- 185 -LRB100 16603 SLF 31739 b


1 (a) If a person is released prior to conviction, either 
2upon payment of
bail security or on his or her own 
3recognizance, the conditions of the bail
bond shall be that he 
4or she will:

5  (1) Appear to answer the charge in the court having 
6 jurisdiction on
a day certain and thereafter as ordered by 
7 the court until discharged or
final order of the court;

8  (2) Submit himself or herself to the orders and process 
9 of the court;

10  (3) Not depart this State without leave of the court;

11  (4) Not violate any criminal statute of any 
12 jurisdiction;

13  (5) At a time and place designated by the court, 
14 surrender all firearms
in his or her possession to a law 
15 enforcement officer designated by the court
to take custody 
16 of and impound the firearms
and physically
surrender his or 
17 her Firearm Owner's Identification Card to the clerk of the

18 circuit court
when the offense the person has
been charged 
19 with is a forcible felony, stalking, aggravated stalking, 
20 domestic
battery, any violation of the Illinois Controlled 
21 Substances Act, the Methamphetamine Control and Community 
22 Protection Act, or the
Cannabis Control Act that is 
23 classified as a Class 2 or greater felony, or any
felony 
24 violation of Article 24 of the Criminal Code of 1961 or the 
25 Criminal Code of 2012; the court
may,
however, forgo the 
26 imposition of this condition when the
circumstances of the

 
 
SB3057- 186 -LRB100 16603 SLF 31739 b


1 case clearly do not warrant it or when its imposition would 
2 be
impractical;
if the Firearm Owner's Identification Card 
3 is confiscated, the clerk of the circuit court shall mail 
4 the confiscated card to the Illinois State Police; all 
5 legally possessed firearms shall be returned to the person 
6 upon
the charges being dismissed, or if the person is found 
7 not guilty, unless the
finding of not guilty is by reason 
8 of insanity; and

9  (6) At a time and place designated by the court, submit 
10 to a
psychological
evaluation when the person has been 
11 charged with a violation of item (4) of
subsection
(a) of 
12 Section 24-1 of the Criminal Code of 1961 or the Criminal 
13 Code of 2012 and that violation occurred in
a school
or in 
14 any conveyance owned, leased, or contracted by a school to 
15 transport
students to or
from school or a school-related 
16 activity, or on any public way within 1,000
feet of real

17 property comprising any school.

18 Psychological evaluations ordered pursuant to this Section 
19shall be completed
promptly
and made available to the State, 
20the defendant, and the court. As a further
condition of bail 
21under
these circumstances, the court shall order the defendant 
22to refrain from
entering upon the
property of the school, 
23including any conveyance owned, leased, or contracted
by a 
24school to
transport students to or from school or a 
25school-related activity, or on any public way within
1,000 feet 
26of real property comprising any school. Upon receipt of the 
 
 
SB3057- 187 -LRB100 16603 SLF 31739 b


1psychological evaluation,
either the State or the defendant may 
2request a change in the conditions of bail, pursuant to
Section 
3110-6 of this Code. The court may change the conditions of bail 
4to include a
requirement that the defendant follow the 
5recommendations of the psychological evaluation,
including 
6undergoing psychiatric treatment. The conclusions of the

7psychological evaluation and
any statements elicited from the 
8defendant during its administration are not
admissible as 
9evidence
of guilt during the course of any trial on the charged 
10offense, unless the
defendant places his or her
mental 
11competency in issue.

12 (b) The court may impose other conditions, such as the 
13following, if the
court finds that such conditions are 
14reasonably necessary to assure the
defendant's appearance in 
15court, protect the public from the defendant, or
prevent the 
16defendant's unlawful interference with the orderly 
17administration
of justice:

18  (1) Report to or appear in person before such person or 
19 agency as the
court may direct;

20  (2) Refrain from possessing a firearm or other 
21 dangerous weapon;

22  (3) Refrain from approaching or communicating with 
23 particular persons or
classes of persons;

24  (4) Refrain from going to certain described 
25 geographical areas or
premises;

26  (5) Refrain from engaging in certain activities or 
 
 
SB3057- 188 -LRB100 16603 SLF 31739 b


1 indulging in
intoxicating liquors or in certain drugs;

2  (6) Undergo treatment for drug addiction or 
3 alcoholism;

4  (7) Undergo medical or psychiatric treatment;

5  (8) Work or pursue a course of study or vocational 
6 training;

7  (9) Attend or reside in a facility designated by the 
8 court;

9  (10) Support his or her dependents;

10  (11) If a minor resides with his or her parents or in a 
11 foster home,
attend school, attend a non-residential 
12 program for youths, and contribute
to his or her own 
13 support at home or in a foster home;

14  (12) Observe any curfew ordered by the court;

15  (13) Remain in the custody of such designated person or 
16 organization
agreeing to supervise his release. Such third 
17 party custodian shall be
responsible for notifying the 
18 court if the defendant fails to observe the
conditions of 
19 release which the custodian has agreed to monitor, and 
20 shall
be subject to contempt of court for failure so to 
21 notify the court;

22  (14) Be placed under direct supervision of the Pretrial 
23 Services
Agency, Probation Department or Court Services 
24 Department in a pretrial
bond home supervision capacity 
25 with or without the use of an approved
electronic 
26 monitoring device subject to Article 8A of Chapter V of the

 
 
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1 Unified Code of Corrections;

2  (14.1) The court shall impose upon a defendant who is 
3 charged with any
alcohol, cannabis, methamphetamine, or 
4 controlled substance violation and is placed under
direct 
5 supervision of the Pretrial Services Agency, Probation 
6 Department or
Court Services Department in a pretrial bond 
7 home supervision capacity with
the use of an approved 
8 monitoring device, as a condition of such bail bond,
a fee 
9 that represents costs incidental to the electronic 
10 monitoring for each
day of such bail supervision ordered by 
11 the
court, unless after determining the inability of the 
12 defendant to pay the
fee, the court assesses a lesser fee 
13 or no fee as the case may be. The fee
shall be collected by 
14 the clerk of the circuit court, except as provided in an 
15 administrative order of the Chief Judge of the circuit 
16 court. The clerk of the
circuit court shall pay all monies 
17 collected from this fee to the county
treasurer for deposit 
18 in the substance abuse services fund under Section
5-1086.1 
19 of the Counties Code, except as provided in an 
20 administrative order of the Chief Judge of the circuit 
21 court.
22  The Chief Judge of the circuit court of the county may 
23 by administrative order establish a program for electronic 
24 monitoring of offenders with regard to drug-related and 
25 alcohol-related offenses, in which a vendor supplies and 
26 monitors the operation of the electronic monitoring 
 
 
SB3057- 190 -LRB100 16603 SLF 31739 b


1 device, and collects the fees on behalf of the county. The 
2 program shall include provisions for indigent offenders 
3 and the collection of unpaid fees. The program shall not 
4 unduly burden the offender and shall be subject to review 
5 by the Chief Judge.
6  The Chief Judge of the circuit court may suspend any 
7 additional charges or fees for late payment, interest, or 
8 damage to any device;

9  (14.2) The court shall impose upon all defendants, 
10 including those
defendants subject to paragraph (14.1) 
11 above, placed under direct supervision
of the Pretrial 
12 Services Agency, Probation Department or Court Services

13 Department in a pretrial bond home supervision capacity 
14 with the use of an
approved monitoring device, as a 
15 condition of such bail bond, a fee
which shall represent 
16 costs incidental to such
electronic monitoring for each day 
17 of such bail supervision ordered by the
court, unless after 
18 determining the inability of the defendant to pay the fee,

19 the court assesses a lesser fee or no fee as the case may 
20 be. The fee shall be
collected by the clerk of the circuit 
21 court, except as provided in an administrative order of the 
22 Chief Judge of the circuit court. The clerk of the circuit 
23 court
shall pay all monies collected from this fee to the 
24 county treasurer who shall
use the monies collected to 
25 defray the costs of corrections. The county
treasurer shall 
26 deposit the fee collected in the county working cash fund 
 
 
SB3057- 191 -LRB100 16603 SLF 31739 b


1 under
Section 6-27001 or Section 6-29002 of the Counties 
2 Code, as the case may
be, except as provided in an 
3 administrative order of the Chief Judge of the circuit 
4 court.
5  The Chief Judge of the circuit court of the county may 
6 by administrative order establish a program for electronic 
7 monitoring of offenders with regard to drug-related and 
8 alcohol-related offenses, in which a vendor supplies and 
9 monitors the operation of the electronic monitoring 
10 device, and collects the fees on behalf of the county. The 
11 program shall include provisions for indigent offenders 
12 and the collection of unpaid fees. The program shall not 
13 unduly burden the offender and shall be subject to review 
14 by the Chief Judge.
15  The Chief Judge of the circuit court may suspend any 
16 additional charges or fees for late payment, interest, or 
17 damage to any device;

18  (14.3) The Chief Judge of the Judicial Circuit may 
19 establish reasonable
fees to be paid by a person receiving 
20 pretrial services while under supervision
of a pretrial 
21 services agency, probation department, or court services

22 department. Reasonable fees may be charged for pretrial 
23 services
including, but not limited to, pretrial 
24 supervision, diversion programs,
electronic monitoring, 
25 victim impact services, drug and alcohol testing, DNA 
26 testing, GPS electronic monitoring, assessments and 
 
 
SB3057- 192 -LRB100 16603 SLF 31739 b


1 evaluations related to domestic violence and other 
2 victims, and
victim mediation services. The person 
3 receiving pretrial services may be
ordered to pay all costs 
4 incidental to pretrial services in accordance with his
or 
5 her ability to pay those costs;

6  (14.4) For persons charged with violating Section 
7 11-501 of the Illinois
Vehicle Code, refrain from operating 
8 a motor vehicle not equipped with an
ignition interlock 
9 device, as defined in Section 1-129.1 of the Illinois

10 Vehicle Code,
pursuant to the rules promulgated by the 
11 Secretary of State for the
installation of ignition

12 interlock devices. Under this condition the court may allow 
13 a defendant who is
not
self-employed to operate a vehicle 
14 owned by the defendant's employer that is
not equipped with 
15 an ignition interlock device in the course and scope of the

16 defendant's employment;

17  (15) Comply with the terms and conditions of an order 
18 of protection
issued by the court under the Illinois 
19 Domestic Violence Act of 1986 or an
order of protection 
20 issued by the court of another state, tribe, or United

21 States territory;

22  (16) Under Section 110-6.5 comply with the conditions 
23 of the drug testing
program; and

24  (17) Such other reasonable conditions as the court may 
25 impose.

26 (c) When a person is charged with an offense under Section 
 
 
SB3057- 193 -LRB100 16603 SLF 31739 b


111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
3Criminal Code of 2012, involving a victim who is a
minor under 
418 years of age living in the same household with the defendant

5at the time of the offense, in granting bail or releasing the 
6defendant on
his own recognizance, the judge shall impose 
7conditions to restrict the
defendant's access to the victim 
8which may include, but are not limited to
conditions that he 
9will:

10  1. Vacate the household.

11  2. Make payment of temporary support to his dependents.

12  3. Refrain from contact or communication with the child 
13 victim, except
as ordered by the court.

14 (d) When a person is charged with a criminal offense and 
15the victim is
a family or household member as defined in 
16Article 112A, conditions shall
be imposed at the time of the 
17defendant's release on bond that restrict the
defendant's 
18access to the victim.
Unless provided otherwise by the court, 
19the
restrictions shall include
requirements that the defendant 
20do the following:

21  (1) refrain from contact or communication with the 
22 victim for a
minimum period of 72 hours following the 
23 defendant's release; and

24  (2) refrain from entering or remaining at the victim's 
25 residence for a
minimum period of 72 hours following the 
26 defendant's release.

 
 
SB3057- 194 -LRB100 16603 SLF 31739 b


1 (e) Local law enforcement agencies shall develop 
2standardized bond forms
for use in cases involving family or 
3household members as defined in
Article 112A, including 
4specific conditions of bond as provided in
subsection (d). 
5Failure of any law enforcement department to develop or use

6those forms shall in no way limit the applicability and 
7enforcement of
subsections (d) and (f).

8 (f) If the defendant is admitted to bail after conviction 
9the
conditions of the bail bond shall be that he will, in 
10addition to the
conditions set forth in subsections (a) and (b) 
11hereof:

12  (1) Duly prosecute his appeal;

13  (2) Appear at such time and place as the court may 
14 direct;

15  (3) Not depart this State without leave of the court;

16  (4) Comply with such other reasonable conditions as the 
17 court may
impose; and

18  (5) If the judgment is affirmed or the cause reversed 
19 and remanded
for a new trial, forthwith surrender to the 
20 officer from whose custody
he was bailed.

21 (g) Upon a finding of guilty for any felony offense, the 
22defendant shall
physically surrender, at a time and place 
23designated by the court,
any and all firearms in his or her 
24possession and his or her Firearm Owner's
Identification Card 
25as a condition of remaining on bond pending sentencing.

26(Source: P.A. 99-797, eff. 8-12-16.)


 
 
SB3057- 195 -LRB100 16603 SLF 31739 b


1 (725 ILCS 5/112A-11.1)
2 Sec. 112A-11.1. Procedure for determining whether certain 
3misdemeanor crimes
are crimes of domestic violence for purposes 
4of federal
law.
5 (a) When a defendant has been charged with a violation of 
6Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
7Criminal Code of 1961 or the Criminal Code of 2012, the State 
8may, at arraignment or no later than 45 days after arraignment, 
9for the purpose of notification to the Department of State 
10Police Firearm Owner's Identification Card Office, serve on the 
11defendant and file with the court a notice alleging that 
12conviction of the offense would subject the defendant to the 
13prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
14between the defendant and the alleged victim and the nature of 
15the alleged offense.
16 (b) The notice shall include the name of the person alleged 
17to be the victim of the crime and shall specify the nature of 
18the alleged relationship as set forth in 18 U.S.C. 
19921(a)(33)(A)(ii). It shall also specify the element of the 
20charged offense which requires the use or attempted use of 
21physical force, or the threatened use of a deadly weapon, as 
22set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
23notice that the defendant is entitled to a hearing on the 
24allegation contained in the notice and that if the allegation 
25is sustained, that determination and conviction shall be 
 
 
SB3057- 196 -LRB100 16603 SLF 31739 b


1reported to the Department of State Police Firearm Owner's 
2Identification Card Office.
3 (c) After having been notified as provided in subsection 
4(b) of this Section, the defendant may stipulate or admit, 
5orally on the record or in writing, that conviction of the 
6offense would subject the defendant to the prohibitions of 18 
7U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
8922(g)(9) shall be deemed established for purposes of Section 
9112A-11.2. If the defendant denies the applicability of 18 
10U.S.C. 922(g)(9) as alleged in the notice served by the State, 
11or stands mute with respect to that allegation, then the State 
12shall bear the burden to prove beyond a reasonable doubt that 
13the offense is one to which the prohibitions of 18 U.S.C. 
14922(g)(9) apply. The court may consider reliable hearsay 
15evidence submitted by either party provided that it is relevant 
16to the determination of the allegation. Facts previously proven 
17at trial or elicited at the time of entry of a plea of guilty 
18shall be deemed established beyond a reasonable doubt and shall 
19not be relitigated. At the conclusion of the hearing, or upon a 
20stipulation or admission, as applicable, the court shall make a 
21specific written determination with respect to the allegation.

22(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

23 (725 ILCS 5/112A-11.2)
24 Sec. 112A-11.2. Notification to the Department of State 
25Police Firearm Owner's Identification Card Office of

 
 
SB3057- 197 -LRB100 16603 SLF 31739 b


1determinations in certain misdemeanor cases. Upon judgment of 
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
4Code of 2012 when the defendant has been determined, under 
5Section 112A-11.1, to be subject to the prohibitions of 18 
6U.S.C. 922(g)(9), the circuit court clerk shall include 
7notification and a copy of the written determination in a 
8report of the conviction to the Department of State Police 
9Firearm Owner's Identification Card Office to enable the office 
10to report that determination to the Federal Bureau of 
11Investigation and assist the Bureau in identifying persons 
12prohibited from purchasing and possessing a firearm pursuant to 
13the provisions of 18 U.S.C. 922.

14(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)



15 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


16 Sec. 112A-14. Order of protection; remedies. 

17 (a) (Blank).

18 (b) The court may order any of the remedies listed in this 
19subsection.
The remedies listed in this subsection shall be in 
20addition to other civil
or criminal remedies available to 
21petitioner.

22  (1) Prohibition of abuse. Prohibit respondent's 
23 harassment,
interference with personal liberty, 
24 intimidation of a dependent, physical
abuse or willful 
25 deprivation, as defined in this Article, if such abuse has

 
 
SB3057- 198 -LRB100 16603 SLF 31739 b


1 occurred or otherwise appears likely to occur if not 
2 prohibited.

3  (2) Grant of exclusive possession of residence. 
4 Prohibit respondent
from entering or remaining in any 
5 residence, household, or premises of the petitioner,

6 including one owned or leased by respondent, if petitioner 
7 has a right
to occupancy thereof. The grant of exclusive 
8 possession of the residence, household, or premises
shall 
9 not affect title to real property, nor shall the court be 
10 limited by
the standard set forth in Section 701 of the 
11 Illinois Marriage and
Dissolution of Marriage Act.

12   (A) Right to occupancy. A party has a right to 
13 occupancy of a
residence or household if it is
solely 
14 or jointly owned or leased by that party, that party's 
15 spouse, a
person with a legal duty to support that 
16 party or a minor child in that
party's care, or by any 
17 person or entity other than the opposing party that

18 authorizes that party's occupancy (e.g., a domestic 
19 violence shelter).
Standards set forth in subparagraph 
20 (B) shall not preclude equitable relief.

21   (B) Presumption of hardships. If petitioner and 
22 respondent
each has the right to occupancy of a 
23 residence or household, the court
shall balance (i) the 
24 hardships to respondent and any minor child or

25 dependent adult in respondent's care resulting from 
26 entry of this remedy with (ii)
the hardships to 
 
 
SB3057- 199 -LRB100 16603 SLF 31739 b


1 petitioner and any minor child or dependent adult in

2 petitioner's care resulting from continued exposure to 
3 the risk of abuse (should
petitioner remain at the 
4 residence or household) or from loss of possession
of 
5 the residence or household (should petitioner leave to 
6 avoid the risk
of abuse). When determining the balance 
7 of hardships, the court shall also
take into account 
8 the accessibility of the residence or household.

9 Hardships need not be balanced if respondent does not 
10 have a right to occupancy.

11   The balance of hardships is presumed to favor 
12 possession by
petitioner unless the presumption is 
13 rebutted by a preponderance of the
evidence, showing 
14 that the hardships to respondent substantially 
15 outweigh
the hardships to petitioner and any minor 
16 child or dependent adult in petitioner's
care. The 
17 court, on the request of petitioner or on its own 
18 motion,
may order respondent to provide suitable, 
19 accessible, alternate housing
for petitioner instead 
20 of
excluding respondent from a mutual residence or 
21 household.

22  (3) Stay away order and additional prohibitions.
Order 
23 respondent to stay away from petitioner or any other person

24 protected by the order of protection, or prohibit 
25 respondent from entering
or remaining present at 
26 petitioner's school, place of employment, or other

 
 
SB3057- 200 -LRB100 16603 SLF 31739 b


1 specified places at times when petitioner is present, or 
2 both, if
reasonable, given
the balance of hardships. 
3 Hardships need not be balanced for the court
to enter a 
4 stay away order or prohibit entry
if respondent has no 
5 right to enter the premises.

6   (A) If an order of protection grants petitioner 
7 exclusive possession
of the residence, or prohibits 
8 respondent from entering the residence,
or orders 
9 respondent to stay away from petitioner or other

10 protected persons, then the court may allow respondent 
11 access to the
residence to remove items of clothing and 
12 personal adornment
used exclusively by respondent, 
13 medications, and other items as the court directs.
The 
14 right to access shall be exercised on only one occasion 
15 as the court directs
and in the presence of an 
16 agreed-upon adult third party or law enforcement 
17 officer.

18   (B) When the petitioner and the respondent attend 
19 the same public, private, or non-public elementary, 
20 middle, or high school, the court when issuing an order 
21 of protection and providing relief shall consider the 
22 severity of the act, any continuing physical danger or 
23 emotional distress to the petitioner, the educational 
24 rights guaranteed to the petitioner and respondent 
25 under federal and State law, the availability of a 
26 transfer of the respondent to another school, a change 
 
 
SB3057- 201 -LRB100 16603 SLF 31739 b


1 of placement or a change of program of the respondent, 
2 the expense, difficulty, and educational disruption 
3 that would be caused by a transfer of the respondent to 
4 another school, and any other relevant facts of the 
5 case. The court may order that the respondent not 
6 attend the public, private, or non-public elementary, 
7 middle, or high school attended by the petitioner, 
8 order that the respondent accept a change of placement 
9 or change of program, as determined by the school 
10 district or private or non-public school, or place 
11 restrictions on the respondent's movements within the 
12 school attended by the petitioner. The respondent 
13 bears the burden of proving by a preponderance of the 
14 evidence that a transfer, change of placement, or 
15 change of program of the respondent is not available. 
16 The respondent also bears the burden of production with 
17 respect to the expense, difficulty, and educational 
18 disruption that would be caused by a transfer of the 
19 respondent to another school. A transfer, change of 
20 placement, or change of program is not unavailable to 
21 the respondent solely on the ground that the respondent 
22 does not agree with the school district's or private or 
23 non-public school's transfer, change of placement, or 
24 change of program or solely on the ground that the 
25 respondent fails or refuses to consent or otherwise 
26 does not take an action required to effectuate a 
 
 
SB3057- 202 -LRB100 16603 SLF 31739 b


1 transfer, change of placement, or change of program. 
2 When a court orders a respondent to stay away from the 
3 public, private, or non-public school attended by the 
4 petitioner and the respondent requests a transfer to 
5 another attendance center within the respondent's 
6 school district or private or non-public school, the 
7 school district or private or non-public school shall 
8 have sole discretion to determine the attendance 
9 center to which the respondent is transferred. If the 
10 court order results in a transfer of the minor 
11 respondent to another attendance center, a change in 
12 the respondent's placement, or a change of the 
13 respondent's program, the parents, guardian, or legal 
14 custodian of the respondent is responsible for 
15 transportation and other costs associated with the 
16 transfer or change.
17   (C) The court may order the parents, guardian, or 
18 legal custodian of a minor respondent to take certain 
19 actions or to refrain from taking certain actions to 
20 ensure that the respondent complies with the order. If 
21 the court orders a transfer of the respondent to 
22 another school, the parents, guardian, or legal 
23 custodian of the respondent is responsible for 
24 transportation and other costs associated with the 
25 change of school by the respondent. 
26  (4) Counseling. Require or recommend the respondent to 
 
 
SB3057- 203 -LRB100 16603 SLF 31739 b


1 undergo
counseling for a specified duration with a social 
2 worker, psychologist,
clinical psychologist, psychiatrist, 
3 family service agency, alcohol or
substance abuse program, 
4 mental health center guidance counselor, agency
providing 
5 services to elders, program designed for domestic violence

6 abusers or any other guidance service the court deems 
7 appropriate. The court may order the respondent in any 
8 intimate partner relationship to report to an Illinois 
9 Department of Human Services protocol approved partner 
10 abuse intervention program for an assessment and to follow 
11 all recommended treatment. 

12  (5) Physical care and possession of the minor child. In 
13 order to protect
the minor child from abuse, neglect, or 
14 unwarranted separation from the person
who has been the 
15 minor child's primary caretaker, or to otherwise protect 
16 the
well-being of the minor child, the court may do either 
17 or both of the following:
(i) grant petitioner physical 
18 care or possession of the minor child, or both, or
(ii) 
19 order respondent to return a minor child to, or not remove 
20 a minor child
from, the physical care of a parent or person 
21 in loco parentis.

22  If the respondent is charged with abuse
(as defined in 
23 Section 112A-3) of a minor child, there shall be a

24 rebuttable presumption that awarding physical care to 
25 respondent would not
be in the minor child's best interest.

26  (6) Temporary legal custody.
Award temporary legal 
 
 
SB3057- 204 -LRB100 16603 SLF 31739 b


1 custody to petitioner in accordance with this Section,
the 
2 Illinois Marriage
and Dissolution of Marriage Act, the 
3 Illinois Parentage Act of 2015,
and this State's Uniform 
4 Child-Custody
Jurisdiction and Enforcement Act. 

5  If the respondent
is charged with abuse (as defined in 
6 Section 112A-3) of a
minor child, there shall be a 
7 rebuttable presumption that awarding
temporary legal 
8 custody to respondent would not be in the
child's best 
9 interest.

10  (7) Visitation. Determine the
visitation rights, if 
11 any, of respondent in any case in which the court
awards 
12 physical care or temporary legal custody of a minor child 
13 to
petitioner. The court shall restrict or deny 
14 respondent's visitation with
a minor child if
the court 
15 finds that respondent has done or is likely to do any of 
16 the
following: (i) abuse or endanger the minor child during 
17 visitation; (ii) use the
visitation as an opportunity to 
18 abuse or harass petitioner or
petitioner's family or 
19 household members; (iii) improperly conceal or
detain the 
20 minor child; or (iv) otherwise act in a manner that is not 
21 in
the best interests of the minor child. The court shall 
22 not be limited by the
standards set forth in Section 607.1 
23 of the Illinois Marriage and
Dissolution of Marriage Act. 
24 If the court grants visitation, the order
shall specify 
25 dates and times for the visitation to take place or other

26 specific parameters or conditions that are appropriate. No 
 
 
SB3057- 205 -LRB100 16603 SLF 31739 b


1 order for
visitation shall refer merely to the term 
2 "reasonable visitation".

3  Petitioner may deny respondent access to the minor 
4 child if, when
respondent arrives for visitation, 
5 respondent is under the influence of drugs
or alcohol and 
6 constitutes a threat to the safety and well-being of

7 petitioner or petitioner's minor children or is behaving in 
8 a violent or abusive manner.

9  If necessary to protect any member of petitioner's 
10 family or
household from future abuse, respondent shall be 
11 prohibited from coming to
petitioner's residence to meet 
12 the minor child for visitation, and the
parties shall 
13 submit to the court their recommendations for reasonable

14 alternative arrangements for visitation. A person may be 
15 approved to
supervise visitation only after filing an 
16 affidavit accepting
that responsibility and acknowledging 
17 accountability to the court.

18  (8) Removal or concealment of minor child.
Prohibit 
19 respondent from
removing a minor child from the State or 
20 concealing the child within the
State.

21  (9) Order to appear. Order the respondent to
appear in 
22 court, alone
or with a minor child, to prevent abuse, 
23 neglect, removal or concealment of
the child, to return the 
24 child to the custody or care of the petitioner or
to permit 
25 any court-ordered interview or examination of the child or 
26 the
respondent.

 
 
SB3057- 206 -LRB100 16603 SLF 31739 b


1  (10) Possession of personal property. Grant petitioner 
2 exclusive
possession of personal property and, if 
3 respondent has possession or
control, direct respondent to 
4 promptly make it available to petitioner, if:

5   (i) petitioner, but not respondent, owns the 
6 property; or

7   (ii) the parties own the property jointly; sharing 
8 it would risk
abuse of petitioner by respondent or is 
9 impracticable; and the balance of
hardships favors 
10 temporary possession by petitioner.

11  If petitioner's sole claim to ownership of the property 
12 is that it is
marital property, the court may award 
13 petitioner temporary possession
thereof under the 
14 standards of subparagraph (ii) of this paragraph only if
a 
15 proper proceeding has been filed under the Illinois 
16 Marriage and
Dissolution of Marriage Act, as now or 
17 hereafter amended.

18  No order under this provision shall affect title to 
19 property.

20  (11) Protection of property. Forbid the respondent 
21 from taking,
transferring, encumbering, concealing, 
22 damaging or otherwise disposing of
any real or personal 
23 property, except as explicitly authorized by the
court, if:

24   (i) petitioner, but not respondent, owns the 
25 property; or

26   (ii) the parties own the property jointly,
and the 
 
 
SB3057- 207 -LRB100 16603 SLF 31739 b


1 balance of hardships favors granting this remedy.

2  If petitioner's sole claim to ownership of the property 
3 is that it is
marital property, the court may grant 
4 petitioner relief under subparagraph
(ii) of this 
5 paragraph only if a proper proceeding has been filed under 
6 the
Illinois Marriage and Dissolution of Marriage Act, as 
7 now or hereafter amended.

8  The court may further prohibit respondent from 
9 improperly using the
financial or other resources of an 
10 aged member of the family or household
for the profit or 
11 advantage of respondent or of any other person.

12  (11.5) Protection of animals. Grant the petitioner the 
13 exclusive care, custody, or control of any animal owned, 
14 possessed, leased, kept, or held by either the petitioner 
15 or the respondent or a minor child residing in the 
16 residence or household of either the petitioner or the 
17 respondent and order the respondent to stay away from the 
18 animal and forbid the respondent from taking, 
19 transferring, encumbering, concealing, harming, or 
20 otherwise disposing of the animal.

21  (12) Order for payment of support. Order
respondent to 
22 pay temporary
support for the petitioner or any child in 
23 the petitioner's care or
custody, when the respondent has a 
24 legal obligation to support that person,
in accordance with 
25 the Illinois Marriage and Dissolution
of Marriage Act, 
26 which shall govern, among other matters, the amount of

 
 
SB3057- 208 -LRB100 16603 SLF 31739 b


1 support, payment through the clerk and withholding of 
2 income to secure
payment. An order for child support may be 
3 granted to a petitioner with
lawful physical care or 
4 custody of a child, or an order or agreement for
physical 
5 care or custody, prior to entry of an order for legal 
6 custody.
Such a support order shall expire upon entry of a 
7 valid order granting
legal custody to another, unless 
8 otherwise provided in the custody order.

9  (13) Order for payment of losses. Order
respondent to 
10 pay petitioner
for losses suffered as a direct result of 
11 the abuse. Such losses shall
include, but not be limited 
12 to, medical expenses, lost earnings or other
support, 
13 repair or replacement of property damaged or taken, 
14 reasonable
attorney's fees, court costs and moving or other 
15 travel expenses, including
additional reasonable expenses 
16 for temporary shelter and restaurant meals.

17   (i) Losses affecting family needs. If a party is 
18 entitled to seek
maintenance, child support or 
19 property distribution from the other party
under the 
20 Illinois Marriage and Dissolution of Marriage Act, as 
21 now or
hereafter amended, the court may order 
22 respondent to reimburse petitioner's
actual losses, to 
23 the extent that such reimbursement would be 
24 "appropriate
temporary relief", as authorized by 
25 subsection (a)(3) of
Section 501 of that Act.

26   (ii) Recovery of expenses. In the case of an 
 
 
SB3057- 209 -LRB100 16603 SLF 31739 b


1 improper concealment
or removal of a minor child, the 
2 court may order respondent to pay the reasonable

3 expenses incurred or to be incurred in the search for 
4 and recovery of the
minor child, including, but not 
5 limited to, legal fees, court costs, private

6 investigator fees, and travel costs.

7  (14) Prohibition of entry. Prohibit the respondent 
8 from entering or
remaining in the residence or household 
9 while the respondent is under the
influence of alcohol or 
10 drugs and constitutes a threat to the safety and
well-being 
11 of the petitioner or the petitioner's children.

12  (14.5) Prohibition of firearm possession. 
13   (A) A person who is subject to an existing order of 
14 protection, issued under this Code may not lawfully 
15 possess firearms, stun guns, or tasers weapons under 
16 Section 8.2 of the Firearm Owners Identification Card 
17 Act.
18   (B) Any firearms in the
possession of the 
19 respondent, except as provided in subparagraph (C) of 
20 this paragraph (14.5), shall be ordered by the court to 
21 be turned
over to a person who is not prohibited under 
22 State or federal law from possessing firearms with a 
23 valid Firearm Owner's Identification Card for 
24 safekeeping. The court shall issue an order that the 
25 respondent's Firearm Owner's Identification Card be 
26 turned over to the local law enforcement agency, which 
 
 
SB3057- 210 -LRB100 16603 SLF 31739 b


1 in turn shall immediately mail the card to the 
2 Department of State Police Firearm Owner's 
3 Identification Card Office for safekeeping.
The period 
4 of safekeeping shall be for the duration of the order 
5 of protection. The firearm or firearms and Firearm 
6 Owner's Identification Card, if unexpired, shall at 
7 the respondent's request be returned to the respondent 
8 at expiration of the order of protection.

9   (C) If the respondent is a peace officer as defined 
10 in Section 2-13 of
the
Criminal Code of 2012, the court 
11 shall order that any firearms used by the
respondent in 
12 the performance of his or her duties as a
peace officer 
13 be surrendered to
the chief law enforcement executive 
14 of the agency in which the respondent is
employed, who 
15 shall retain the firearms for safekeeping for the 
16 duration of the order of protection.

17   (D) Upon expiration of the period of safekeeping, 
18 if the firearms or Firearm Owner's Identification Card 
19 cannot be returned to respondent because respondent 
20 cannot be located, fails to respond to requests to 
21 retrieve the firearms, or is not lawfully eligible to 
22 possess a firearm, upon petition from the local law 
23 enforcement agency, the court may order the local law 
24 enforcement agency to destroy the firearms, use the 
25 firearms for training purposes, or for any other 
26 application as deemed appropriate by the local law 
 
 
SB3057- 211 -LRB100 16603 SLF 31739 b


1 enforcement agency; or that the firearms be turned over 
2 to a third party who is lawfully eligible to possess 
3 firearms, and who does not reside with respondent. 
4  (15) Prohibition of access to records. If an order of 
5 protection
prohibits respondent from having contact with 
6 the minor child,
or if petitioner's address is omitted 
7 under subsection (b) of
Section 112A-5, or if necessary to 
8 prevent abuse or wrongful removal or
concealment of a minor 
9 child, the order shall deny respondent access to, and

10 prohibit respondent from inspecting, obtaining, or 
11 attempting to
inspect or obtain, school or any other 
12 records of the minor child
who is in the care of 
13 petitioner.

14  (16) Order for payment of shelter services. Order 
15 respondent to
reimburse a shelter providing temporary 
16 housing and counseling services to
the petitioner for the 
17 cost of the services, as certified by the shelter
and 
18 deemed reasonable by the court.

19  (17) Order for injunctive relief. Enter injunctive 
20 relief necessary
or appropriate to prevent further abuse of 
21 a family or household member or
to effectuate one of the 
22 granted remedies, if supported by the balance of
hardships. 
23 If the harm to be prevented by the injunction is abuse or 
24 any
other harm that one of the remedies listed in 
25 paragraphs (1) through (16)
of this subsection is designed 
26 to prevent, no further evidence is necessary
to establish 
 
 
SB3057- 212 -LRB100 16603 SLF 31739 b


1 that the harm is an irreparable injury.

2  (18) Telephone services.
3   (A) Unless a condition described in subparagraph 
4 (B) of this paragraph exists, the court may, upon 
5 request by the petitioner, order a wireless telephone 
6 service provider to transfer to the petitioner the 
7 right to continue to use a telephone number or numbers 
8 indicated by the petitioner and the financial 
9 responsibility associated with the number or numbers, 
10 as set forth in subparagraph (C) of this paragraph. For 
11 purposes of this paragraph (18), the term "wireless 
12 telephone service provider" means a provider of 
13 commercial mobile service as defined in 47 U.S.C. 332. 
14 The petitioner may request the transfer of each 
15 telephone number that the petitioner, or a minor child 
16 in his or her custody, uses. The clerk of the court 
17 shall serve the order on the wireless telephone service 
18 provider's agent for service of process provided to the 
19 Illinois Commerce Commission. The order shall contain 
20 all of the following: 
21    (i) The name and billing telephone number of 
22 the account holder including the name of the 
23 wireless telephone service provider that serves 
24 the account.
25    (ii) Each telephone number that will be 
26 transferred.
 
 
SB3057- 213 -LRB100 16603 SLF 31739 b


1    (iii) A statement that the provider transfers 
2 to the petitioner all financial responsibility for 
3 and right to the use of any telephone number 
4 transferred under this paragraph.
5   (B) A wireless telephone service provider shall 
6 terminate the respondent's use of, and shall transfer 
7 to the petitioner use of, the telephone number or 
8 numbers indicated in subparagraph (A) of this 
9 paragraph unless it notifies the petitioner, within 72 
10 hours after it receives the order, that one of the 
11 following applies:
12    (i) The account holder named in the order has 
13 terminated the account.
14    (ii) A difference in network technology would 
15 prevent or impair the functionality of a device on 
16 a network if the transfer occurs.
17    (iii) The transfer would cause a geographic or 
18 other limitation on network or service provision 
19 to the petitioner.
20    (iv) Another technological or operational 
21 issue would prevent or impair the use of the 
22 telephone number if the transfer occurs.
23   (C) The petitioner assumes all financial 
24 responsibility for and right to the use of any 
25 telephone number transferred under this paragraph. In 
26 this paragraph, "financial responsibility" includes 
 
 
SB3057- 214 -LRB100 16603 SLF 31739 b


1 monthly service costs and costs associated with any 
2 mobile device associated with the number.
3   (D) A wireless telephone service provider may 
4 apply to the petitioner its routine and customary 
5 requirements for establishing an account or 
6 transferring a number, including requiring the 
7 petitioner to provide proof of identification, 
8 financial information, and customer preferences.

9   (E) Except for willful or wanton misconduct, a 
10 wireless telephone service provider is immune from 
11 civil liability for its actions taken in compliance 
12 with a court order issued under this paragraph.
13   (F) All wireless service providers that provide 
14 services to residential customers shall provide to the 
15 Illinois Commerce Commission the name and address of an 
16 agent for service of orders entered under this 
17 paragraph (18). Any change in status of the registered 
18 agent must be reported to the Illinois Commerce 
19 Commission within 30 days of such change. 
20   (G) The Illinois Commerce Commission shall 
21 maintain the list of registered agents for service for 
22 each wireless telephone service provider on the 
23 Commission's website. The Commission may consult with 
24 wireless telephone service providers and the Circuit 
25 Court Clerks on the manner in which this information is 
26 provided and displayed. 
 
 
SB3057- 215 -LRB100 16603 SLF 31739 b


1 (c) Relevant factors; findings.

2  (1) In determining whether to grant a
specific remedy, 
3 other than payment of support, the
court shall consider 
4 relevant factors, including, but not limited to, the

5 following:

6   (i) the nature, frequency, severity, pattern and 
7 consequences of the
respondent's past abuse of the 
8 petitioner or any family or household
member, 
9 including the concealment of his or her location in 
10 order to evade
service of process or notice, and the 
11 likelihood of danger of future abuse to
petitioner or

12 any member of petitioner's or respondent's family or 
13 household; and

14   (ii) the danger that any minor child will be abused 
15 or neglected or
improperly removed from the 
16 jurisdiction, improperly concealed within the
State or 
17 improperly separated from the child's primary 
18 caretaker.

19  (2) In comparing relative hardships resulting to the 
20 parties from loss
of possession of the family home, the 
21 court shall consider relevant
factors, including, but not 
22 limited to, the following:

23   (i) availability, accessibility, cost, safety, 
24 adequacy, location and other
characteristics of 
25 alternate housing for each party and any minor child or

26 dependent adult in the party's care;

 
 
SB3057- 216 -LRB100 16603 SLF 31739 b


1   (ii) the effect on the party's employment; and

2   (iii) the effect on the relationship of the party, 
3 and any minor
child or dependent adult in the party's 
4 care, to family, school, church
and community.

5  (3) Subject to the exceptions set forth in paragraph 
6 (4) of this
subsection, the court shall make its findings 
7 in an official record or in
writing, and shall at a minimum 
8 set forth the following:

9   (i) That the court has considered the applicable 
10 relevant factors
described in paragraphs (1) and (2) of 
11 this subsection.

12   (ii) Whether the conduct or actions of respondent, 
13 unless
prohibited, will likely cause irreparable harm 
14 or continued abuse.

15   (iii) Whether it is necessary to grant the 
16 requested relief in order
to protect petitioner or 
17 other alleged abused persons.

18  (4) (Blank).

19  (5) Never married parties. No rights or 
20 responsibilities for a minor
child born outside of marriage 
21 attach to a putative father until a father and
child 
22 relationship has been established under the Illinois 
23 Parentage Act of
1984 or under the Illinois Parentage Act 
24 of 2015 on and after the effective date of that Act. Absent 
25 such an adjudication, no putative father shall be granted

26 temporary custody of the minor child, visitation with the 
 
 
SB3057- 217 -LRB100 16603 SLF 31739 b


1 minor child, or
physical care
and possession of the minor 
2 child, nor shall
an order of payment for support of the 
3 minor child be entered.

4 (d) Balance of hardships; findings. If the court finds that 
5the balance
of hardships does not support the granting of a 
6remedy governed by
paragraph (2), (3), (10), (11), or (16) of

7subsection (b) of this Section,
which may require such 
8balancing, the court's findings shall so
indicate and shall 
9include a finding as to whether granting the remedy will
result 
10in hardship to respondent that would substantially outweigh the 
11hardship
to petitioner
from denial of the remedy. The findings 
12shall be an official record or in
writing.

13 (e) Denial of remedies. Denial of any remedy shall not be 
14based, in
whole or in part, on evidence that:

15  (1) Respondent has cause for any use of force, unless 
16 that cause
satisfies the standards for justifiable use of 
17 force provided by Article
7 of the Criminal Code of 2012;

18  (2) Respondent was voluntarily intoxicated;

19  (3) Petitioner acted in self-defense or defense of 
20 another, provided
that, if petitioner utilized force, such 
21 force was justifiable under
Article 7 of the Criminal Code 
22 of 2012; 

23  (4) Petitioner did not act in self-defense or defense 
24 of another;

25  (5) Petitioner left the residence or household to avoid 
26 further abuse
by respondent;

 
 
SB3057- 218 -LRB100 16603 SLF 31739 b


1  (6) Petitioner did not leave the residence or household 
2 to avoid further
abuse by respondent;

3  (7) Conduct by any family or household member excused 
4 the abuse by
respondent, unless that same conduct would 
5 have excused such abuse if the
parties had not been family 
6 or household members.

7(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; 
8100-388, eff. 1-1-18; revised 10-10-17.)


9 Section 95. The Unified Code of Corrections is amended by 
10changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:


11 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

 
12 Sec. 5-5-3. Disposition. 

13 (a) (Blank).

14 (b) (Blank). 

15 (c) (1) (Blank).

16 (2) A period of probation, a term of periodic imprisonment 
17or
conditional discharge shall not be imposed for the following 
18offenses.
The court shall sentence the offender to not less 
19than the minimum term
of imprisonment set forth in this Code 
20for the following offenses, and
may order a fine or restitution 
21or both in conjunction with such term of
imprisonment:

22  (A) First degree murder where the death penalty is not 
23 imposed.

24  (B) Attempted first degree murder.

 
 
SB3057- 219 -LRB100 16603 SLF 31739 b


1  (C) A Class X felony.

2  (D) A violation of Section 401.1 or 407 of the
Illinois 
3 Controlled Substances Act, or a violation of subdivision 
4 (c)(1.5) of
Section 401 of that Act which relates to more 
5 than 5 grams of a substance
containing fentanyl or an 
6 analog thereof.

7  (D-5) A violation of subdivision (c)(1) of
Section 401 
8 of the Illinois Controlled Substances Act which relates to 
9 3 or more grams of a substance
containing heroin or an 
10 analog thereof. 
11  (E) (Blank).

12  (F) A Class 1 or greater felony if the offender had 
13 been convicted
of a Class 1 or greater felony, including 
14 any state or federal conviction for an offense that 
15 contained, at the time it was committed, the same elements 
16 as an offense now (the date of the offense committed after 
17 the prior Class 1 or greater felony) classified as a Class 
18 1 or greater felony, within 10 years of the date on which 
19 the
offender
committed the offense for which he or she is 
20 being sentenced, except as
otherwise provided in Section 
21 40-10 of the Alcoholism and Other Drug Abuse and
Dependency 
22 Act.

23  (F-3) A Class 2 or greater felony sex offense or felony 
24 firearm offense if the offender had been convicted of a 
25 Class 2 or greater felony, including any state or federal 
26 conviction for an offense that contained, at the time it 
 
 
SB3057- 220 -LRB100 16603 SLF 31739 b


1 was committed, the same elements as an offense now (the 
2 date of the offense committed after the prior Class 2 or 
3 greater felony) classified as a Class 2 or greater felony, 
4 within 10 years of the date on which the offender committed 
5 the offense for which he or she is being sentenced, except 
6 as otherwise provided in Section 40-10 of the Alcoholism 
7 and Other Drug Abuse and Dependency Act. 
8  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
9 the Criminal Code of 1961 or the Criminal Code of 2012 for 
10 which imprisonment is prescribed in those Sections.
11  (G) Residential burglary, except as otherwise provided 
12 in Section 40-10
of the Alcoholism and Other Drug Abuse and 
13 Dependency Act.

14  (H) Criminal sexual assault.

15  (I) Aggravated battery of a senior citizen as described 
16 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
17 of the Criminal Code of 1961 or the Criminal Code of 2012.

18  (J) A forcible felony if the offense was related to the 
19 activities of an
organized gang.

20  Before July 1, 1994, for the purposes of this 
21 paragraph, "organized
gang" means an association of 5 or 
22 more persons, with an established hierarchy,
that 
23 encourages members of the association to perpetrate crimes 
24 or provides
support to the members of the association who 
25 do commit crimes.

26  Beginning July 1, 1994, for the purposes of this 
 
 
SB3057- 221 -LRB100 16603 SLF 31739 b


1 paragraph,
"organized gang" has the meaning ascribed to it 
2 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
3 Prevention Act.

4  (K) Vehicular hijacking.

5  (L) A second or subsequent conviction for the offense 
6 of hate crime
when the underlying offense upon which the 
7 hate crime is based is felony
aggravated
assault or felony 
8 mob action.

9  (M) A second or subsequent conviction for the offense 
10 of institutional
vandalism if the damage to the property 
11 exceeds $300.

12  (N) (Blank). A Class 3 felony violation of paragraph 
13 (1) of subsection (a) of
Section 2 of the Firearm Owners 
14 Identification Card Act.

15  (O) A violation of Section 12-6.1 or 12-6.5 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012.

17  (P) A violation of paragraph (1), (2), (3), (4), (5), 
18 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012.

20  (Q) A violation of subsection (b) or (b-5) of Section 
21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
22 Code of
1961 or the Criminal Code of 2012.

23  (R) A violation of Section 24-3A of the Criminal Code 
24 of
1961 or the Criminal Code of 2012.

25  (S) (Blank).

26  (T) (Blank).

 
 
SB3057- 222 -LRB100 16603 SLF 31739 b


1  (U) A second or subsequent violation of Section 6-303 
2 of the Illinois Vehicle Code committed while his or her 
3 driver's license, permit, or privilege was revoked because 
4 of a violation of Section 9-3 of the Criminal Code of 1961 
5 or the Criminal Code of 2012, relating to the offense of 
6 reckless homicide, or a similar provision of a law of 
7 another state.

8  (V)
A violation of paragraph (4) of subsection (c) of 
9 Section 11-20.1B or paragraph (4) of subsection (c) of 
10 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
11 (6) of subsection (a) of Section 11-20.1 of the Criminal 
12 Code of 2012 when the victim is under 13 years of age and 
13 the defendant has previously been convicted under the laws 
14 of this State or any other state of the offense of child 
15 pornography, aggravated child pornography, aggravated 
16 criminal sexual abuse, aggravated criminal sexual assault, 
17 predatory criminal sexual assault of a child, or any of the 
18 offenses formerly known as rape, deviate sexual assault, 
19 indecent liberties with a child, or aggravated indecent 
20 liberties with a child where the victim was under the age 
21 of 18 years or an offense that is substantially equivalent 
22 to those offenses.
23  (W) A violation of Section 24-3.5 of the Criminal Code 
24 of 1961 or the Criminal Code of 2012.

25  (X) A violation of subsection (a) of Section 31-1a of 
26 the Criminal Code of 1961 or the Criminal Code of 2012.
 
 
SB3057- 223 -LRB100 16603 SLF 31739 b


1  (Y) A conviction for unlawful possession of a firearm 
2 by a street gang member when the firearm was loaded or 
3 contained firearm ammunition. 
4  (Z) A Class 1 felony committed while he or she was 
5 serving a term of probation or conditional discharge for a 
6 felony.
7  (AA) Theft of property exceeding $500,000 and not 
8 exceeding $1,000,000 in value.
9  (BB) Laundering of criminally derived property of a 
10 value exceeding
$500,000.
11  (CC) Knowingly selling, offering for sale, holding for 
12 sale, or using 2,000 or more counterfeit items or 
13 counterfeit items having a retail value in the aggregate of 
14 $500,000 or more. 
15  (DD) A conviction for aggravated assault under 
16 paragraph (6) of subsection (c) of Section 12-2 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012 if the 
18 firearm is aimed toward the person against whom the firearm 
19 is being used. 
20  (EE) A conviction for a violation of paragraph (2) of 
21 subsection (a) of Section 24-3B of the Criminal Code of 
22 2012. 
23 (3) (Blank).

24 (4) A minimum term of imprisonment of not less than 10

25consecutive days or 30 days of community service shall be 
26imposed for a
violation of paragraph (c) of Section 6-303 of 
 
 
SB3057- 224 -LRB100 16603 SLF 31739 b


1the Illinois Vehicle Code.

2 (4.1) (Blank).

3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
4this subsection (c), a
minimum of
100 hours of community 
5service shall be imposed for a second violation of
Section 
66-303
of the Illinois Vehicle Code.

7 (4.3) A minimum term of imprisonment of 30 days or 300 
8hours of community
service, as determined by the court, shall

9be imposed for a second violation of subsection (c) of Section 
106-303 of the
Illinois Vehicle Code.

11 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
12(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1330 days or 300 hours of community service, as
determined by the 
14court, shall
be imposed
for a third or subsequent violation of 
15Section 6-303 of the Illinois Vehicle
Code.

16 (4.5) A minimum term of imprisonment of 30 days
shall be 
17imposed for a third violation of subsection (c) of
Section 
186-303 of the Illinois Vehicle Code.

19 (4.6) Except as provided in paragraph (4.10) of this 
20subsection (c), a minimum term of imprisonment of 180 days 
21shall be imposed for a
fourth or subsequent violation of 
22subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

23 (4.7) A minimum term of imprisonment of not less than 30 
24consecutive days, or 300 hours of community service, shall be 
25imposed for a violation of subsection (a-5) of Section 6-303 of 
26the Illinois Vehicle Code, as provided in subsection (b-5) of 
 
 
SB3057- 225 -LRB100 16603 SLF 31739 b


1that Section.

2 (4.8) A mandatory prison sentence shall be imposed for a 
3second violation of subsection (a-5) of Section 6-303 of the 
4Illinois Vehicle Code, as provided in subsection (c-5) of that 
5Section. The person's driving privileges shall be revoked for a 
6period of not less than 5 years from the date of his or her 
7release from prison.

8 (4.9) A mandatory prison sentence of not less than 4 and 
9not more than 15 years shall be imposed for a third violation 
10of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
11Code, as provided in subsection (d-2.5) of that Section. The 
12person's driving privileges shall be revoked for the remainder 
13of his or her life.

14 (4.10) A mandatory prison sentence for a Class 1 felony 
15shall be imposed, and the person shall be eligible for an 
16extended term sentence, for a fourth or subsequent violation of 
17subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
18as provided in subsection (d-3.5) of that Section. The person's 
19driving privileges shall be revoked for the remainder of his or 
20her life.

21 (5) The court may sentence a corporation or unincorporated

22association convicted of any offense to:

23  (A) a period of conditional discharge;

24  (B) a fine;

25  (C) make restitution to the victim under Section 5-5-6 
26 of this Code.

 
 
SB3057- 226 -LRB100 16603 SLF 31739 b


1 (5.1) In addition to any other penalties imposed, and 
2except as provided in paragraph (5.2) or (5.3), a person

3convicted of violating subsection (c) of Section 11-907 of the 
4Illinois
Vehicle Code shall have his or her driver's license, 
5permit, or privileges
suspended for at least 90 days but not 
6more than one year, if the violation
resulted in damage to the 
7property of another person.

8 (5.2) In addition to any other penalties imposed, and 
9except as provided in paragraph (5.3), a person convicted
of 
10violating subsection (c) of Section 11-907 of the Illinois 
11Vehicle Code
shall have his or her driver's license, permit, or 
12privileges suspended for at
least 180 days but not more than 2 
13years, if the violation resulted in injury
to
another person.

14 (5.3) In addition to any other penalties imposed, a person 
15convicted of violating subsection (c) of Section
11-907 of the 
16Illinois Vehicle Code shall have his or her driver's license,

17permit, or privileges suspended for 2 years, if the violation 
18resulted in the
death of another person.

19 (5.4) In addition to any other penalties imposed, a person 
20convicted of violating Section 3-707 of the Illinois Vehicle 
21Code shall have his or her driver's license, permit, or 
22privileges suspended for 3 months and until he or she has paid 
23a reinstatement fee of $100.
24 (5.5) In addition to any other penalties imposed, a person 
25convicted of violating Section 3-707 of the Illinois Vehicle 
26Code during a period in which his or her driver's license, 
 
 
SB3057- 227 -LRB100 16603 SLF 31739 b


1permit, or privileges were suspended for a previous violation 
2of that Section shall have his or her driver's license, permit, 
3or privileges suspended for an additional 6 months after the 
4expiration of the original 3-month suspension and until he or 
5she has paid a reinstatement fee of $100.

6 (6) (Blank).

7 (7) (Blank).

8 (8) (Blank).

9 (9) A defendant convicted of a second or subsequent offense 
10of ritualized
abuse of a child may be sentenced to a term of 
11natural life imprisonment.

12 (10) (Blank).

13 (11) The court shall impose a minimum fine of $1,000 for a 
14first offense
and $2,000 for a second or subsequent offense 
15upon a person convicted of or
placed on supervision for battery 
16when the individual harmed was a sports
official or coach at 
17any level of competition and the act causing harm to the
sports

18official or coach occurred within an athletic facility or 
19within the immediate vicinity
of the athletic facility at which 
20the sports official or coach was an active
participant
of the 
21athletic contest held at the athletic facility. For the 
22purposes of
this paragraph (11), "sports official" means a 
23person at an athletic contest
who enforces the rules of the 
24contest, such as an umpire or referee; "athletic facility" 
25means an indoor or outdoor playing field or recreational area 
26where sports activities are conducted;
and "coach" means a 
 
 
SB3057- 228 -LRB100 16603 SLF 31739 b


1person recognized as a coach by the sanctioning
authority that 
2conducted the sporting event.
3 (12) A person may not receive a disposition of court 
4supervision for a
violation of Section 5-16 of the Boat 
5Registration and Safety Act if that
person has previously 
6received a disposition of court supervision for a
violation of 
7that Section.

8 (13) A person convicted of or placed on court supervision 
9for an assault or aggravated assault when the victim and the 
10offender are family or household members as defined in Section 
11103 of the Illinois Domestic Violence Act of 1986 or convicted 
12of domestic battery or aggravated domestic battery may be 
13required to attend a Partner Abuse Intervention Program under 
14protocols set forth by the Illinois Department of Human 
15Services under such terms and conditions imposed by the court. 
16The costs of such classes shall be paid by the offender.

17 (d) In any case in which a sentence originally imposed is 
18vacated,
the case shall be remanded to the trial court. The 
19trial court shall
hold a hearing under Section 5-4-1 of the 
20Unified Code of Corrections
which may include evidence of the 
21defendant's life, moral character and
occupation during the 
22time since the original sentence was passed. The
trial court 
23shall then impose sentence upon the defendant. The trial
court 
24may impose any sentence which could have been imposed at the

25original trial subject to Section 5-5-4 of the Unified Code of 
26Corrections.
If a sentence is vacated on appeal or on 
 
 
SB3057- 229 -LRB100 16603 SLF 31739 b


1collateral attack due to the
failure of the trier of fact at 
2trial to determine beyond a reasonable doubt
the
existence of a 
3fact (other than a prior conviction) necessary to increase the

4punishment for the offense beyond the statutory maximum 
5otherwise applicable,
either the defendant may be re-sentenced 
6to a term within the range otherwise
provided or, if the State 
7files notice of its intention to again seek the
extended 
8sentence, the defendant shall be afforded a new trial.

9 (e) In cases where prosecution for
aggravated criminal 
10sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
11Code of 1961 or the Criminal Code of 2012 results in conviction 
12of a defendant
who was a family member of the victim at the 
13time of the commission of the
offense, the court shall consider 
14the safety and welfare of the victim and
may impose a sentence 
15of probation only where:

16  (1) the court finds (A) or (B) or both are appropriate:

17   (A) the defendant is willing to undergo a court 
18 approved counseling
program for a minimum duration of 2 
19 years; or

20   (B) the defendant is willing to participate in a 
21 court approved plan
including but not limited to the 
22 defendant's:

23    (i) removal from the household;

24    (ii) restricted contact with the victim;

25    (iii) continued financial support of the 
26 family;

 
 
SB3057- 230 -LRB100 16603 SLF 31739 b


1    (iv) restitution for harm done to the victim; 
2 and

3    (v) compliance with any other measures that 
4 the court may
deem appropriate; and

5  (2) the court orders the defendant to pay for the 
6 victim's counseling
services, to the extent that the court 
7 finds, after considering the
defendant's income and 
8 assets, that the defendant is financially capable of
paying 
9 for such services, if the victim was under 18 years of age 
10 at the
time the offense was committed and requires 
11 counseling as a result of the
offense.

12 Probation may be revoked or modified pursuant to Section 
135-6-4; except
where the court determines at the hearing that 
14the defendant violated a
condition of his or her probation 
15restricting contact with the victim or
other family members or 
16commits another offense with the victim or other
family 
17members, the court shall revoke the defendant's probation and

18impose a term of imprisonment.

19 For the purposes of this Section, "family member" and 
20"victim" shall have
the meanings ascribed to them in Section 
2111-0.1 of the Criminal Code of
2012.

22 (f) (Blank).

23 (g) Whenever a defendant is convicted of an offense under 
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
2511-14.3, 11-14.4 except for an offense that involves keeping a 
26place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
 
 
SB3057- 231 -LRB100 16603 SLF 31739 b


111-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
3Criminal Code of 2012,
the defendant shall undergo medical 
4testing to
determine whether the defendant has any sexually 
5transmissible disease,
including a test for infection with 
6human immunodeficiency virus (HIV) or
any other identified 
7causative agent of acquired immunodeficiency syndrome
(AIDS). 
8Any such medical test shall be performed only by appropriately

9licensed medical practitioners and may include an analysis of 
10any bodily
fluids as well as an examination of the defendant's 
11person.
Except as otherwise provided by law, the results of 
12such test shall be kept
strictly confidential by all medical 
13personnel involved in the testing and must
be personally 
14delivered in a sealed envelope to the judge of the court in 
15which
the conviction was entered for the judge's inspection in 
16camera. Acting in
accordance with the best interests of the 
17victim and the public, the judge
shall have the discretion to 
18determine to whom, if anyone, the results of the
testing may be 
19revealed. The court shall notify the defendant
of the test 
20results. The court shall
also notify the victim if requested by 
21the victim, and if the victim is under
the age of 15 and if 
22requested by the victim's parents or legal guardian, the
court 
23shall notify the victim's parents or legal guardian of the test

24results.
The court shall provide information on the 
25availability of HIV testing
and counseling at Department of 
26Public Health facilities to all parties to
whom the results of 
 
 
SB3057- 232 -LRB100 16603 SLF 31739 b


1the testing are revealed and shall direct the State's
Attorney 
2to provide the information to the victim when possible.
A 
3State's Attorney may petition the court to obtain the results 
4of any HIV test
administered under this Section, and the court 
5shall grant the disclosure if
the State's Attorney shows it is 
6relevant in order to prosecute a charge of
criminal 
7transmission of HIV under Section 12-5.01 or 12-16.2 of the 
8Criminal Code of 1961 or the Criminal Code of 2012
against the 
9defendant. The court shall order that the cost of any such test

10shall be paid by the county and may be taxed as costs against 
11the convicted
defendant.

12 (g-5) When an inmate is tested for an airborne communicable 
13disease, as
determined by the Illinois Department of Public 
14Health including but not
limited to tuberculosis, the results 
15of the test shall be
personally delivered by the warden or his 
16or her designee in a sealed envelope
to the judge of the court 
17in which the inmate must appear for the judge's
inspection in 
18camera if requested by the judge. Acting in accordance with the

19best interests of those in the courtroom, the judge shall have 
20the discretion
to determine what if any precautions need to be 
21taken to prevent transmission
of the disease in the courtroom.

22 (h) Whenever a defendant is convicted of an offense under 
23Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
24defendant shall undergo
medical testing to determine whether 
25the defendant has been exposed to human
immunodeficiency virus 
26(HIV) or any other identified causative agent of
acquired 
 
 
SB3057- 233 -LRB100 16603 SLF 31739 b


1immunodeficiency syndrome (AIDS). Except as otherwise provided 
2by
law, the results of such test shall be kept strictly 
3confidential by all
medical personnel involved in the testing 
4and must be personally delivered in a
sealed envelope to the 
5judge of the court in which the conviction was entered
for the 
6judge's inspection in camera. Acting in accordance with the 
7best
interests of the public, the judge shall have the 
8discretion to determine to
whom, if anyone, the results of the 
9testing may be revealed. The court shall
notify the defendant 
10of a positive test showing an infection with the human

11immunodeficiency virus (HIV). The court shall provide 
12information on the
availability of HIV testing and counseling 
13at Department of Public Health
facilities to all parties to 
14whom the results of the testing are revealed and
shall direct 
15the State's Attorney to provide the information to the victim 
16when
possible. A State's Attorney may petition the court to 
17obtain the results of
any HIV test administered under this 
18Section, and the court shall grant the
disclosure if the 
19State's Attorney shows it is relevant in order to prosecute a

20charge of criminal transmission of HIV under Section 12-5.01 or 
2112-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
222012 against the defendant. The court shall order that the cost 
23of any
such test shall be paid by the county and may be taxed as 
24costs against the
convicted defendant.

25 (i) All fines and penalties imposed under this Section for 
26any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
 
 
SB3057- 234 -LRB100 16603 SLF 31739 b


1Vehicle Code, or a similar
provision of a local ordinance, and 
2any violation
of the Child Passenger Protection Act, or a 
3similar provision of a local
ordinance, shall be collected and 
4disbursed by the circuit
clerk as provided under Section 27.5 
5of the Clerks of Courts Act.

6 (j) In cases when prosecution for any violation of Section 
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
911-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1112-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
12Code of 2012, any violation of the Illinois Controlled 
13Substances Act,
any violation of the Cannabis Control Act, or 
14any violation of the Methamphetamine Control and Community 
15Protection Act results in conviction, a
disposition of court 
16supervision, or an order of probation granted under
Section 10 
17of the Cannabis Control Act, Section 410 of the Illinois

18Controlled Substances Act, or Section 70 of the Methamphetamine 
19Control and Community Protection Act of a defendant, the court 
20shall determine whether the
defendant is employed by a facility 
21or center as defined under the Child Care
Act of 1969, a public 
22or private elementary or secondary school, or otherwise
works 
23with children under 18 years of age on a daily basis. When a 
24defendant
is so employed, the court shall order the Clerk of 
25the Court to send a copy of
the judgment of conviction or order 
26of supervision or probation to the
defendant's employer by 
 
 
SB3057- 235 -LRB100 16603 SLF 31739 b


1certified mail.
If the employer of the defendant is a school, 
2the Clerk of the Court shall
direct the mailing of a copy of 
3the judgment of conviction or order of
supervision or probation 
4to the appropriate regional superintendent of schools.
The 
5regional superintendent of schools shall notify the State Board 
6of
Education of any notification under this subsection.

7 (j-5) A defendant at least 17 years of age who is convicted 
8of a felony and
who has not been previously convicted of a 
9misdemeanor or felony and who is
sentenced to a term of 
10imprisonment in the Illinois Department of Corrections
shall as 
11a condition of his or her sentence be required by the court to 
12attend
educational courses designed to prepare the defendant 
13for a high school diploma
and to work toward a high school 
14diploma or to work toward passing high school equivalency 
15testing or to work toward
completing a vocational training 
16program offered by the Department of
Corrections. If a 
17defendant fails to complete the educational training
required 
18by his or her sentence during the term of incarceration, the 
19Prisoner
Review Board shall, as a condition of mandatory 
20supervised release, require the
defendant, at his or her own 
21expense, to pursue a course of study toward a high
school 
22diploma or passage of high school equivalency testing. The 
23Prisoner Review Board shall
revoke the mandatory supervised 
24release of a defendant who wilfully fails to
comply with this 
25subsection (j-5) upon his or her release from confinement in a

26penal institution while serving a mandatory supervised release 
 
 
SB3057- 236 -LRB100 16603 SLF 31739 b


1term; however,
the inability of the defendant after making a 
2good faith effort to obtain
financial aid or pay for the 
3educational training shall not be deemed a wilful
failure to 
4comply. The Prisoner Review Board shall recommit the defendant

5whose mandatory supervised release term has been revoked under 
6this subsection
(j-5) as provided in Section 3-3-9. This 
7subsection (j-5) does not apply to a
defendant who has a high 
8school diploma or has successfully passed high school 
9equivalency testing. This subsection (j-5) does not apply to a 
10defendant who is determined by
the court to be a person with a 
11developmental disability or otherwise mentally incapable of

12completing the educational or vocational program.

13 (k) (Blank).

14 (l) (A) Except as provided
in paragraph (C) of subsection 
15(l), whenever a defendant,
who is an alien as defined by the 
16Immigration and Nationality Act, is convicted
of any felony or 
17misdemeanor offense, the court after sentencing the defendant

18may, upon motion of the State's Attorney, hold sentence in 
19abeyance and remand
the defendant to the custody of the 
20Attorney General of
the United States or his or her designated 
21agent to be deported when:

22  (1) a final order of deportation has been issued 
23 against the defendant
pursuant to proceedings under the 
24 Immigration and Nationality Act, and

25  (2) the deportation of the defendant would not 
26 deprecate the seriousness
of the defendant's conduct and 
 
 
SB3057- 237 -LRB100 16603 SLF 31739 b


1 would not be inconsistent with the ends of
justice.

2 Otherwise, the defendant shall be sentenced as provided in 
3this Chapter V.

4 (B) If the defendant has already been sentenced for a 
5felony or
misdemeanor
offense, or has been placed on probation 
6under Section 10 of the Cannabis
Control Act,
Section 410 of 
7the Illinois Controlled Substances Act, or Section 70 of the 
8Methamphetamine Control and Community Protection Act, the 
9court
may, upon motion of the State's Attorney to suspend the

10sentence imposed, commit the defendant to the custody of the 
11Attorney General
of the United States or his or her designated 
12agent when:

13  (1) a final order of deportation has been issued 
14 against the defendant
pursuant to proceedings under the 
15 Immigration and Nationality Act, and

16  (2) the deportation of the defendant would not 
17 deprecate the seriousness
of the defendant's conduct and 
18 would not be inconsistent with the ends of
justice.

19 (C) This subsection (l) does not apply to offenders who are 
20subject to the
provisions of paragraph (2) of subsection (a) of 
21Section 3-6-3.

22 (D) Upon motion of the State's Attorney, if a defendant 
23sentenced under
this Section returns to the jurisdiction of the 
24United States, the defendant
shall be recommitted to the 
25custody of the county from which he or she was
sentenced.

26Thereafter, the defendant shall be brought before the 
 
 
SB3057- 238 -LRB100 16603 SLF 31739 b


1sentencing court, which
may impose any sentence that was 
2available under Section 5-5-3 at the time of
initial 
3sentencing. In addition, the defendant shall not be eligible 
4for
additional earned sentence credit as provided under
Section 
53-6-3.

6 (m) A person convicted of criminal defacement of property 
7under Section
21-1.3 of the Criminal Code of 1961 or the 
8Criminal Code of 2012, in which the property damage exceeds 
9$300
and the property damaged is a school building, shall be 
10ordered to perform
community service that may include cleanup, 
11removal, or painting over the
defacement.

12 (n) The court may sentence a person convicted of a 
13violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
15of 1961 or the Criminal Code of 2012 (i) to an impact

16incarceration program if the person is otherwise eligible for 
17that program
under Section 5-8-1.1, (ii) to community service, 
18or (iii) if the person is an
addict or alcoholic, as defined in 
19the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
20substance or alcohol abuse program licensed under that
Act.
21 (o) Whenever a person is convicted of a sex offense as 
22defined in Section 2 of the Sex Offender Registration Act, the 
23defendant's driver's license or permit shall be subject to 
24renewal on an annual basis in accordance with the provisions of 
25license renewal established by the Secretary of State.


26(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; 
 
 
SB3057- 239 -LRB100 16603 SLF 31739 b


199-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. 
21-1-18.)




3 (730 ILCS 5/5-5-3.2)


4 Sec. 5-5-3.2. Factors in aggravation and extended-term 
5sentencing. 

6 (a) The following factors shall be accorded weight in favor 
7of
imposing a term of imprisonment or may be considered by the 
8court as reasons
to impose a more severe sentence under Section 
95-8-1 or Article 4.5 of Chapter V:

10  (1) the defendant's conduct caused or threatened 
11 serious harm;

12  (2) the defendant received compensation for committing 
13 the offense;

14  (3) the defendant has a history of prior delinquency or 
15 criminal activity;

16  (4) the defendant, by the duties of his office or by 
17 his position,
was obliged to prevent the particular offense 
18 committed or to bring
the offenders committing it to 
19 justice;

20  (5) the defendant held public office at the time of the 
21 offense,
and the offense related to the conduct of that 
22 office;

23  (6) the defendant utilized his professional reputation 
24 or
position in the community to commit the offense, or to 
25 afford
him an easier means of committing it;

 
 
SB3057- 240 -LRB100 16603 SLF 31739 b


1  (7) the sentence is necessary to deter others from 
2 committing
the same crime;

3  (8) the defendant committed the offense against a 
4 person 60 years of age
or older or such person's property;

5  (9) the defendant committed the offense against a 
6 person who has a physical disability or such person's 
7 property;

8  (10) by reason of another individual's actual or 
9 perceived race, color,
creed, religion, ancestry, gender, 
10 sexual orientation, physical or mental
disability, or 
11 national origin, the defendant committed the offense 
12 against (i)
the person or property
of that individual; (ii) 
13 the person or property of a person who has an
association 
14 with, is married to, or has a friendship with the other 
15 individual;
or (iii) the person or property of a relative 
16 (by blood or marriage) of a
person described in clause (i) 
17 or (ii). For the purposes of this Section,
"sexual 
18 orientation" has the meaning ascribed to it in paragraph 
19 (O-1) of Section 1-103 of the Illinois Human Rights Act;

20  (11) the offense took place in a place of worship or on 
21 the
grounds of a place of worship, immediately prior to, 
22 during or immediately
following worship services. For 
23 purposes of this subparagraph, "place of
worship" shall 
24 mean any church, synagogue or other building, structure or

25 place used primarily for religious worship;

26  (12) the defendant was convicted of a felony committed 
 
 
SB3057- 241 -LRB100 16603 SLF 31739 b


1 while he was
released on bail or his own recognizance 
2 pending trial for a prior felony
and was convicted of such 
3 prior felony, or the defendant was convicted of a
felony 
4 committed while he was serving a period of probation,

5 conditional discharge, or mandatory supervised release 
6 under subsection (d)
of Section 5-8-1
for a prior felony;

7  (13) the defendant committed or attempted to commit a 
8 felony while he
was wearing a bulletproof vest. For the 
9 purposes of this paragraph (13), a
bulletproof vest is any 
10 device which is designed for the purpose of
protecting the 
11 wearer from bullets, shot or other lethal projectiles;

12  (14) the defendant held a position of trust or 
13 supervision such as, but
not limited to, family member as 
14 defined in Section 11-0.1 of the Criminal Code
of 2012, 
15 teacher, scout leader, baby sitter, or day care worker, in

16 relation to a victim under 18 years of age, and the 
17 defendant committed an
offense in violation of Section 
18 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
19 11-14.4 except for an offense that involves keeping a place 
20 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

21 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
22 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
23 of 2012
against
that victim;

24  (15) the defendant committed an offense related to the 
25 activities of an
organized gang. For the purposes of this 
26 factor, "organized gang" has the
meaning ascribed to it in 
 
 
SB3057- 242 -LRB100 16603 SLF 31739 b


1 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
2 Act;

3  (16) the defendant committed an offense in violation of 
4 one of the
following Sections while in a school, regardless 
5 of the time of day or time of
year; on any conveyance 
6 owned, leased, or contracted by a school to transport

7 students to or from school or a school related activity; on 
8 the real property
of a school; or on a public way within 
9 1,000 feet of the real property
comprising any school: 
10 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
11 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

12 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
13 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
14 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
15 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
16 Criminal Code of 2012;

17  (16.5) the defendant committed an offense in violation 
18 of one of the
following Sections while in a day care 
19 center, regardless of the time of day or
time of year; on 
20 the real property of a day care center, regardless of the 
21 time
of day or time of year; or on a public
way within 
22 1,000 feet of the real property comprising any day care 
23 center,
regardless of the time of day or time of year:

24 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
25 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
26 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
 
 
SB3057- 243 -LRB100 16603 SLF 31739 b


1 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
2 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
3 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
4 Criminal Code of 2012;

5  (17) the defendant committed the offense by reason of 
6 any person's
activity as a community policing volunteer or 
7 to prevent any person from
engaging in activity as a 
8 community policing volunteer. For the purpose of
this 
9 Section, "community policing volunteer" has the meaning 
10 ascribed to it in
Section 2-3.5 of the Criminal Code of 
11 2012;

12  (18) the defendant committed the offense in a nursing 
13 home or on the
real
property comprising a nursing home. For 
14 the purposes of this paragraph (18),
"nursing home" means a 
15 skilled nursing
or intermediate long term care facility 
16 that is subject to license by the
Illinois Department of 
17 Public Health under the Nursing Home Care
Act, the 
18 Specialized Mental Health Rehabilitation Act of 2013, the 
19 ID/DD Community Care Act, or the MC/DD Act;

20  (19) the defendant was a federally licensed firearm 
21 dealer
and
was
previously convicted of a violation of 
22 subsection (a) of Section 3 of the
Firearm Owners 
23 Identification Card Act before its repeal by this 
24 amendatory Act of the 100th General Assembly and has now 
25 committed either a felony
violation
of the Firearm Owners 
26 Identification Card Act or an act of armed violence while

 
 
SB3057- 244 -LRB100 16603 SLF 31739 b


1 armed
with a firearm;
2  (20) the defendant (i) committed the offense of 
3 reckless homicide under Section 9-3 of the Criminal Code of 
4 1961 or the Criminal Code of 2012 or the offense of driving 
5 under the influence of alcohol, other drug or
drugs, 
6 intoxicating compound or compounds or any combination 
7 thereof under Section 11-501 of the Illinois Vehicle Code 
8 or a similar provision of a local ordinance and (ii) was 
9 operating a motor vehicle in excess of 20 miles per hour 
10 over the posted speed limit as provided in Article VI of 
11 Chapter 11 of the Illinois Vehicle Code;


12  (21) the defendant (i) committed the offense of 
13 reckless driving or aggravated reckless driving under 
14 Section 11-503 of the Illinois Vehicle Code and (ii) was 
15 operating a motor vehicle in excess of 20 miles per hour 
16 over the posted speed limit as provided in Article VI of 
17 Chapter 11 of the Illinois Vehicle Code;
18  (22) the defendant committed the offense against a 
19 person that the defendant knew, or reasonably should have 
20 known, was a member of the Armed Forces of the United 
21 States serving on active duty. For purposes of this clause 
22 (22), the term "Armed Forces" means any of the Armed Forces 
23 of the United States, including a member of any reserve 
24 component thereof or National Guard unit called to active 
25 duty;

26  (23)
the defendant committed the offense against a 
 
 
SB3057- 245 -LRB100 16603 SLF 31739 b


1 person who was elderly or infirm or who was a person with a 
2 disability by taking advantage of a family or fiduciary 
3 relationship with the elderly or infirm person or person 
4 with a disability;

5  (24)
the defendant committed any offense under Section 
6 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
7 of 2012 and possessed 100 or more images;

8  (25) the defendant committed the offense while the 
9 defendant or the victim was in a train, bus, or other 
10 vehicle used for public transportation;
11  (26) the defendant committed the offense of child 
12 pornography or aggravated child pornography, specifically 
13 including paragraph (1), (2), (3), (4), (5), or (7) of 
14 subsection (a) of Section 11-20.1 of the Criminal Code of 
15 1961 or the Criminal Code of 2012 where a child engaged in, 
16 solicited for, depicted in, or posed in any act of sexual 
17 penetration or bound, fettered, or subject to sadistic, 
18 masochistic, or sadomasochistic abuse in a sexual context 
19 and specifically including paragraph (1), (2), (3), (4), 
20 (5), or (7) of subsection (a) of Section 11-20.1B or 
21 Section 11-20.3 of the Criminal Code of 1961 where a child 
22 engaged in, solicited for, depicted in, or posed in any act 
23 of sexual penetration or bound, fettered, or subject to 
24 sadistic, masochistic, or sadomasochistic abuse in a 
25 sexual context;
26  (27) the defendant committed the offense of first 
 
 
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1 degree murder, assault, aggravated assault, battery, 
2 aggravated battery, robbery, armed robbery, or aggravated 
3 robbery against a person who was a veteran and the 
4 defendant knew, or reasonably should have known, that the 
5 person was a veteran performing duties as a representative 
6 of a veterans' organization. For the purposes of this 
7 paragraph (27), "veteran" means an Illinois resident who 
8 has served as a member of the United States Armed Forces, a 
9 member of the Illinois National Guard, or a member of the 
10 United States Reserve Forces; and "veterans' organization" 
11 means an organization comprised of members of
which 
12 substantially all are individuals who are veterans or 
13 spouses,
widows, or widowers of veterans, the primary 
14 purpose of which is to
promote the welfare of its members 
15 and to provide assistance to the general
public in such a 
16 way as to confer a public benefit; 
17  (28) the defendant committed the offense of assault, 
18 aggravated assault, battery, aggravated battery, robbery, 
19 armed robbery, or aggravated robbery against a person that 
20 the defendant knew or reasonably should have known was a 
21 letter carrier or postal worker while that person was 
22 performing his or her duties delivering mail for the United 
23 States Postal Service;
24  (29) the defendant committed the offense of criminal 
25 sexual assault, aggravated criminal sexual assault, 
26 criminal sexual abuse, or aggravated criminal sexual abuse 
 
 
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1 against a victim with an intellectual disability, and the 
2 defendant holds a position of trust, authority, or 
3 supervision in relation to the victim; or
4  (30) the defendant committed the offense of promoting 
5 juvenile prostitution, patronizing a prostitute, or 
6 patronizing a minor engaged in prostitution and at the time 
7 of the commission of the offense knew that the prostitute 
8 or minor engaged in prostitution was in the custody or 
9 guardianship of the Department of Children and Family 
10 Services. 
11 For the purposes of this Section:

12 "School" is defined as a public or private
elementary or 
13secondary school, community college, college, or university.

14 "Day care center" means a public or private State certified 
15and
licensed day care center as defined in Section 2.09 of the 
16Child Care Act of
1969 that displays a sign in plain view 
17stating that the
property is a day care center.

18 "Intellectual disability" means significantly subaverage 
19intellectual functioning which exists concurrently
with 
20impairment in adaptive behavior. 
21 "Public transportation" means the transportation
or 
22conveyance of persons by means available to the general public, 
23and includes paratransit services.
24 (b) The following factors, related to all felonies, may be 
25considered by the court as
reasons to impose an extended term 
26sentence under Section 5-8-2
upon any offender:

 
 
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1  (1) When a defendant is convicted of any felony, after 
2 having
been previously convicted in Illinois or any other 
3 jurisdiction of the
same or similar class felony or greater 
4 class felony, when such conviction
has occurred within 10 
5 years after the
previous conviction, excluding time spent 
6 in custody, and such charges are
separately brought and 
7 tried and arise out of different series of acts; or

8  (2) When a defendant is convicted of any felony and the 
9 court
finds that the offense was accompanied by 
10 exceptionally brutal
or heinous behavior indicative of 
11 wanton cruelty; or

12  (3) When a defendant is convicted of any felony 
13 committed against:

14   (i) a person under 12 years of age at the time of 
15 the offense or such
person's property;

16   (ii) a person 60 years of age or older at the time 
17 of the offense or
such person's property; or

18   (iii) a person who had a physical disability at the 
19 time of the offense or
such person's property; or

20  (4) When a defendant is convicted of any felony and the 
21 offense
involved any of the following types of specific 
22 misconduct committed as
part of a ceremony, rite, 
23 initiation, observance, performance, practice or
activity 
24 of any actual or ostensible religious, fraternal, or social 
25 group:

26   (i) the brutalizing or torturing of humans or 
 
 
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1 animals;

2   (ii) the theft of human corpses;

3   (iii) the kidnapping of humans;

4   (iv) the desecration of any cemetery, religious, 
5 fraternal, business,
governmental, educational, or 
6 other building or property; or

7   (v) ritualized abuse of a child; or

8  (5) When a defendant is convicted of a felony other 
9 than conspiracy and
the court finds that
the felony was 
10 committed under an agreement with 2 or more other persons

11 to commit that offense and the defendant, with respect to 
12 the other
individuals, occupied a position of organizer, 
13 supervisor, financier, or any
other position of management 
14 or leadership, and the court further finds that
the felony 
15 committed was related to or in furtherance of the criminal

16 activities of an organized gang or was motivated by the 
17 defendant's leadership
in an organized gang; or

18  (6) When a defendant is convicted of an offense 
19 committed while using a firearm with a
laser sight attached 
20 to it. For purposes of this paragraph, "laser sight"
has 
21 the meaning ascribed to it in Section 26-7 of the Criminal 
22 Code of
2012; or

23  (7) When a defendant who was at least 17 years of age 
24 at the
time of
the commission of the offense is convicted 
25 of a felony and has been previously
adjudicated a 
26 delinquent minor under the Juvenile Court Act of 1987 for 
 
 
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1 an act
that if committed by an adult would be a Class X or 
2 Class 1 felony when the
conviction has occurred within 10 
3 years after the previous adjudication,
excluding time 
4 spent in custody; or

5  (8) When a defendant commits any felony and the 
6 defendant used, possessed, exercised control over, or 
7 otherwise directed an animal to assault a law enforcement 
8 officer engaged in the execution of his or her official 
9 duties or in furtherance of the criminal activities of an 
10 organized gang in which the defendant is engaged; or


11  (9) When a defendant commits any felony and the 
12 defendant knowingly video or audio records the offense with 
13 the intent to disseminate the recording. 
14 (c) The following factors may be considered by the court as 
15reasons to impose an extended term sentence under Section 5-8-2 
16(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
17  (1) When a defendant is convicted of first degree 
18 murder, after having been previously convicted in Illinois 
19 of any offense listed under paragraph (c)(2) of Section 
20 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
21 within 10 years after the previous conviction, excluding 
22 time spent in custody, and the charges are separately 
23 brought and tried and arise out of different series of 
24 acts.
25  (1.5) When a defendant is convicted of first degree 
26 murder, after having been previously convicted of domestic 
 
 
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1 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
2 (720 ILCS 5/12-3.3) committed on the same victim or after 
3 having been previously convicted of violation of an order 
4 of protection (720 ILCS 5/12-30) in which the same victim 
5 was the protected person. 
6  (2) When a defendant is convicted of voluntary 
7 manslaughter, second degree murder, involuntary 
8 manslaughter, or reckless homicide in which the defendant 
9 has been convicted of causing the death of more than one 
10 individual.
11  (3) When a defendant is convicted of aggravated 
12 criminal sexual assault or criminal sexual assault, when 
13 there is a finding that aggravated criminal sexual assault 
14 or criminal sexual assault was also committed on the same 
15 victim by one or more other individuals, and the defendant 
16 voluntarily participated in the crime with the knowledge of 
17 the participation of the others in the crime, and the 
18 commission of the crime was part of a single course of 
19 conduct during which there was no substantial change in the 
20 nature of the criminal objective.
21  (4) If the victim was under 18 years of age at the time 
22 of the commission of the offense, when a defendant is 
23 convicted of aggravated criminal sexual assault or 
24 predatory criminal sexual assault of a child under 
25 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
26 of Section 12-14.1 of the Criminal Code of 1961 or the 
 
 
SB3057- 252 -LRB100 16603 SLF 31739 b


1 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
2  (5) When a defendant is convicted of a felony violation 
3 of Section 24-1 of the Criminal Code of 1961 or the 
4 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
5 finding that the defendant is a member of an organized 
6 gang.
7  (6) When a defendant was convicted of unlawful use of 
8 weapons under Section 24-1 of the Criminal Code of 1961 or 
9 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
10 a weapon that is not readily distinguishable as one of the 
11 weapons enumerated in Section 24-1 of the Criminal Code of 
12 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
13  (7) When a defendant is convicted of an offense 
14 involving the illegal manufacture of a controlled 
15 substance under Section 401 of the Illinois Controlled 
16 Substances Act (720 ILCS 570/401), the illegal manufacture 
17 of methamphetamine under Section 25 of the Methamphetamine 
18 Control and Community Protection Act (720 ILCS 646/25), or 
19 the illegal possession of explosives and an emergency 
20 response officer in the performance of his or her duties is 
21 killed or injured at the scene of the offense while 
22 responding to the emergency caused by the commission of the 
23 offense. In this paragraph, "emergency" means a situation 
24 in which a person's life, health, or safety is in jeopardy; 
25 and "emergency response officer" means a peace officer, 
26 community policing volunteer, fireman, emergency medical 
 
 
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1 technician-ambulance, emergency medical 
2 technician-intermediate, emergency medical 
3 technician-paramedic, ambulance driver, other medical 
4 assistance or first aid personnel, or hospital emergency 
5 room personnel.

6  (8) When the defendant is convicted of attempted mob 
7 action, solicitation to commit mob action, or conspiracy to 
8 commit mob action under Section 8-1, 8-2, or 8-4 of the 
9 Criminal Code of 2012, where the criminal object is a 
10 violation of Section 25-1 of the Criminal Code of 2012, and 
11 an electronic communication is used in the commission of 
12 the offense. For the purposes of this paragraph (8), 
13 "electronic communication" shall have the meaning provided 
14 in Section 26.5-0.1 of the Criminal Code of 2012. 
15 (d) For the purposes of this Section, "organized gang" has 
16the meaning
ascribed to it in Section 10 of the Illinois 
17Streetgang Terrorism Omnibus
Prevention Act.

18 (e) The court may impose an extended term sentence under 
19Article 4.5 of Chapter V upon an offender who has been 
20convicted of a felony violation of Section 11-1.20, 11-1.30, 
2111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
2212-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
23when the victim of the offense is under 18 years of age at the 
24time of the commission of the offense and, during the 
25commission of the offense, the victim was under the influence 
26of alcohol, regardless of whether or not the alcohol was 
 
 
SB3057- 254 -LRB100 16603 SLF 31739 b


1supplied by the offender; and the offender, at the time of the 
2commission of the offense, knew or should have known that the 
3victim had consumed alcohol. 
4(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, 
5eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, 
6eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; 
799-347, eff. 1-1-16; 99-642, eff. 7-28-16.)

8 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
9 Sec. 5-6-3. Conditions of probation and of conditional 
10discharge.

11 (a) The conditions of probation and of conditional 
12discharge shall be
that the person:


13  (1) not violate any criminal statute of any 
14 jurisdiction;


15  (2) report to or appear in person before such person or 
16 agency as
directed by the court;


17  (3) refrain from possessing a firearm or other 
18 dangerous weapon where the offense is a felony or, if a 
19 misdemeanor, the offense involved the intentional or 
20 knowing infliction of bodily harm or threat of bodily harm;


21  (4) not leave the State without the consent of the 
22 court or, in
circumstances in which the reason for the 
23 absence is of such an emergency
nature that prior consent 
24 by the court is not possible, without the prior

25 notification and approval of the person's probation

 
 
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1 officer. Transfer of a person's probation or conditional 
2 discharge
supervision to another state is subject to 
3 acceptance by the other state
pursuant to the Interstate 
4 Compact for Adult Offender Supervision;


5  (5) permit the probation officer to visit
him at his 
6 home or elsewhere
to the extent necessary to discharge his 
7 duties;


8  (6) perform no less than 30 hours of community service 
9 and not more than
120 hours of community service, if 
10 community service is available in the
jurisdiction and is 
11 funded and approved by the county board where the offense

12 was committed, where the offense was related to or in 
13 furtherance of the
criminal activities of an organized gang 
14 and was motivated by the offender's
membership in or 
15 allegiance to an organized gang. The community service 
16 shall
include, but not be limited to, the cleanup and 
17 repair of any damage caused by
a violation of Section 
18 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
19 2012 and similar damage
to property located within the 
20 municipality or county in which the violation
occurred. 
21 When possible and reasonable, the community service should 
22 be
performed in the offender's neighborhood. For purposes 
23 of this Section,
"organized gang" has the meaning ascribed 
24 to it in Section 10 of the Illinois
Streetgang Terrorism 
25 Omnibus Prevention Act;


26  (7) if he or she is at least 17 years of age and has 
 
 
SB3057- 256 -LRB100 16603 SLF 31739 b


1 been sentenced to
probation or conditional discharge for a 
2 misdemeanor or felony in a county of
3,000,000 or more 
3 inhabitants and has not been previously convicted of a

4 misdemeanor or felony, may be required by the sentencing 
5 court to attend
educational courses designed to prepare the 
6 defendant for a high school diploma
and to work toward a 
7 high school diploma or to work toward passing high school 
8 equivalency testing or to work toward
completing a 
9 vocational training program approved by the court. The 
10 person on
probation or conditional discharge must attend a 
11 public institution of
education to obtain the educational 
12 or vocational training required by this paragraph
clause 
13 (7). The court shall revoke the probation or conditional 
14 discharge of a
person who wilfully fails to comply with 
15 this paragraph clause (7). The person on
probation or 
16 conditional discharge shall be required to pay for the cost 
17 of the
educational courses or high school equivalency 
18 testing if a fee is charged for those courses or testing. 
19 The court shall resentence the offender whose probation or 
20 conditional
discharge has been revoked as provided in 
21 Section 5-6-4. This paragraph clause (7) does
not apply to 
22 a person who has a high school diploma or has successfully 
23 passed high school equivalency testing. This paragraph 
24 clause (7) does not apply to a person who is determined by

25 the court to be a person with a developmental disability or 
26 otherwise mentally incapable of
completing the educational 
 
 
SB3057- 257 -LRB100 16603 SLF 31739 b


1 or vocational program;


2  (8) if convicted of possession of a substance 
3 prohibited
by the Cannabis Control Act, the Illinois 
4 Controlled Substances Act, or the Methamphetamine Control 
5 and Community Protection Act
after a previous conviction or 
6 disposition of supervision for possession of a
substance 
7 prohibited by the Cannabis Control Act or Illinois 
8 Controlled
Substances Act or after a sentence of probation 
9 under Section 10 of the
Cannabis
Control Act, Section 410 
10 of the Illinois Controlled Substances Act, or Section 70 of 
11 the Methamphetamine Control and Community Protection Act 
12 and upon a
finding by the court that the person is 
13 addicted, undergo treatment at a
substance abuse program 
14 approved by the court;


15  (8.5) if convicted of a felony sex offense as defined 
16 in the Sex
Offender
Management Board Act, the person shall 
17 undergo and successfully complete sex
offender treatment 
18 by a treatment provider approved by the Board and conducted

19 in conformance with the standards developed under the Sex

20 Offender Management Board Act;

21  (8.6) if convicted of a sex offense as defined in the 
22 Sex Offender Management Board Act, refrain from residing at 
23 the same address or in the same condominium unit or 
24 apartment unit or in the same condominium complex or 
25 apartment complex with another person he or she knows or 
26 reasonably should know is a convicted sex offender or has 
 
 
SB3057- 258 -LRB100 16603 SLF 31739 b


1 been placed on supervision for a sex offense; the 
2 provisions of this paragraph do not apply to a person 
3 convicted of a sex offense who is placed in a Department of 
4 Corrections licensed transitional housing facility for sex 
5 offenders;
6  (8.7) if convicted for an offense committed on or after 
7 June 1, 2008 (the effective date of Public Act 95-464) that 
8 would qualify the accused as a child sex offender as 
9 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
10 1961 or the Criminal Code of 2012, refrain from 
11 communicating with or contacting, by means of the Internet, 
12 a person who is not related to the accused and whom the 
13 accused reasonably believes to be under 18 years of age; 
14 for purposes of this paragraph (8.7), "Internet" has the 
15 meaning ascribed to it in Section 16-0.1 of the Criminal 
16 Code of 2012; and a person is not related to the accused if 
17 the person is not: (i) the spouse, brother, or sister of 
18 the accused; (ii) a descendant of the accused; (iii) a 
19 first or second cousin of the accused; or (iv) a step-child 
20 or adopted child of the accused;
21  (8.8) if convicted for an offense under Section 11-6, 
22 11-9.1, 11-14.4 that involves soliciting for a juvenile 
23 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
24 of the Criminal Code of 1961 or the Criminal Code of 2012, 
25 or any attempt to commit any of these offenses, committed 
26 on or after June 1, 2009 (the effective date of Public Act 
 
 
SB3057- 259 -LRB100 16603 SLF 31739 b


1 95-983):
2   (i) not access or use a computer or any other 
3 device with Internet capability without the prior 
4 written approval of the offender's probation officer, 
5 except in connection with the offender's employment or 
6 search for employment with the prior approval of the 
7 offender's probation officer;
8   (ii) submit to periodic unannounced examinations 
9 of the offender's computer or any other device with 
10 Internet capability by the offender's probation 
11 officer, a law enforcement officer, or assigned 
12 computer or information technology specialist, 
13 including the retrieval and copying of all data from 
14 the computer or device and any internal or external 
15 peripherals and removal of such information, 
16 equipment, or device to conduct a more thorough 
17 inspection;
18   (iii) submit to the installation on the offender's 
19 computer or device with Internet capability, at the 
20 offender's expense, of one or more hardware or software 
21 systems to monitor the Internet use; and
22   (iv) submit to any other appropriate restrictions 
23 concerning the offender's use of or access to a 
24 computer or any other device with Internet capability 
25 imposed by the offender's probation officer; 
26  (8.9) if convicted of a sex offense as defined in the 
 
 
SB3057- 260 -LRB100 16603 SLF 31739 b


1 Sex Offender
Registration Act committed on or after January 
2 1, 2010 (the effective date of Public Act 96-262), refrain 
3 from accessing or using a social networking website as 
4 defined in Section 17-0.5 of the Criminal Code of 2012;

5  (9) if convicted of a felony or of any misdemeanor 
6 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
7 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
8 2012 that was determined, pursuant to Section 112A-11.1 of 
9 the Code of Criminal Procedure of 1963, to trigger the 
10 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
11 at a time and place
designated by the court, his or her 
12 Firearm
Owner's Identification Card and
any and all 
13 firearms in
his or her possession. The Court shall return 
14 to the Department of State Police Firearm Owner's 
15 Identification Card Office the person's Firearm Owner's 
16 Identification Card;


17  (10) if convicted of a sex offense as defined in 
18 subsection (a-5) of Section 3-1-2 of this Code, unless the 
19 offender is a parent or guardian of the person under 18 
20 years of age present in the home and no non-familial minors 
21 are present, not participate in a holiday event involving 
22 children under 18 years of age, such as distributing candy 
23 or other items to children on Halloween, wearing a Santa 
24 Claus costume on or preceding Christmas, being employed as 
25 a department store Santa Claus, or wearing an Easter Bunny 
26 costume on or preceding Easter; 
 
 
SB3057- 261 -LRB100 16603 SLF 31739 b


1  (11) if convicted of a sex offense as defined in 
2 Section 2 of the Sex Offender Registration Act committed on 
3 or after January 1, 2010 (the effective date of Public Act 
4 96-362) that requires the person to register as a sex 
5 offender under that Act, may not knowingly use any computer 
6 scrub software on any computer that the sex offender uses; 
7  (12) if convicted of a violation of the Methamphetamine 
8 Control and Community Protection Act, the Methamphetamine

9 Precursor Control Act, or a methamphetamine related 
10 offense:
11   (A) prohibited from purchasing, possessing, or 
12 having under his or her control any product containing 
13 pseudoephedrine unless prescribed by a physician; and
14   (B) prohibited from purchasing, possessing, or 
15 having under his or her control any product containing 
16 ammonium nitrate; and
17  (13) if convicted of a hate crime involving the 
18 protected class identified in subsection (a) of Section 
19 12-7.1 of the Criminal Code of 2012 that gave rise to the 
20 offense the offender committed, perform public or 
21 community service of no less than 200 hours and enroll in 
22 an educational program discouraging hate crimes that 
23 includes racial, ethnic, and cultural sensitivity training 
24 ordered by the court. 
25 (b) The Court may in addition to other reasonable 
26conditions relating to the
nature of the offense or the 
 
 
SB3057- 262 -LRB100 16603 SLF 31739 b


1rehabilitation of the defendant as determined for
each 
2defendant in the proper discretion of the Court require that 
3the person:


4  (1) serve a term of periodic imprisonment under Article 
5 7 for a
period not to exceed that specified in paragraph 
6 (d) of Section 5-7-1;


7  (2) pay a fine and costs;


8  (3) work or pursue a course of study or vocational 
9 training;


10  (4) undergo medical, psychological or psychiatric 
11 treatment; or treatment
for drug addiction or alcoholism;


12  (5) attend or reside in a facility established for the 
13 instruction
or residence of defendants on probation;


14  (6) support his dependents;


15  (7) and in addition, if a minor:


16   (i) reside with his parents or in a foster home;


17   (ii) attend school;


18   (iii) attend a non-residential program for youth;


19   (iv) contribute to his own support at home or in a 
20 foster home;


21   (v) with the consent of the superintendent of the

22 facility, attend an educational program at a facility 
23 other than the school
in which the
offense was 
24 committed if he
or she is convicted of a crime of 
25 violence as
defined in
Section 2 of the Crime Victims 
26 Compensation Act committed in a school, on the
real

 
 
SB3057- 263 -LRB100 16603 SLF 31739 b


1 property
comprising a school, or within 1,000 feet of 
2 the real property comprising a
school;


3  (8) make restitution as provided in Section 5-5-6 of 
4 this Code;


5  (9) perform some reasonable public or community 
6 service;


7  (10) serve a term of home confinement. In addition to 
8 any other
applicable condition of probation or conditional 
9 discharge, the
conditions of home confinement shall be that 
10 the offender:


11   (i) remain within the interior premises of the 
12 place designated for
his confinement during the hours 
13 designated by the court;


14   (ii) admit any person or agent designated by the 
15 court into the
offender's place of confinement at any 
16 time for purposes of verifying
the offender's 
17 compliance with the conditions of his confinement; and


18   (iii) if further deemed necessary by the court or 
19 the
Probation or
Court Services Department, be placed 
20 on an approved
electronic monitoring device, subject 
21 to Article 8A of Chapter V;


22   (iv) for persons convicted of any alcohol, 
23 cannabis or controlled
substance violation who are 
24 placed on an approved monitoring device as a
condition 
25 of probation or conditional discharge, the court shall 
26 impose a
reasonable fee for each day of the use of the 
 
 
SB3057- 264 -LRB100 16603 SLF 31739 b


1 device, as established by the
county board in 
2 subsection (g) of this Section, unless after 
3 determining the
inability of the offender to pay the 
4 fee, the court assesses a lesser fee or no
fee as the 
5 case may be. This fee shall be imposed in addition to 
6 the fees
imposed under subsections (g) and (i) of this 
7 Section. The fee shall be
collected by the clerk of the 
8 circuit court, except as provided in an administrative 
9 order of the Chief Judge of the circuit court. The 
10 clerk of the circuit
court shall pay all monies 
11 collected from this fee to the county treasurer
for 
12 deposit in the substance abuse services fund under 
13 Section 5-1086.1 of
the Counties Code, except as 
14 provided in an administrative order of the Chief Judge 
15 of the circuit court.
16   The Chief Judge of the circuit court of the county 
17 may by administrative order establish a program for 
18 electronic monitoring of offenders, in which a vendor 
19 supplies and monitors the operation of the electronic 
20 monitoring device, and collects the fees on behalf of 
21 the county. The program shall include provisions for 
22 indigent offenders and the collection of unpaid fees. 
23 The program shall not unduly burden the offender and 
24 shall be subject to review by the Chief Judge.
25   The Chief Judge of the circuit court may suspend 
26 any additional charges or fees for late payment, 
 
 
SB3057- 265 -LRB100 16603 SLF 31739 b


1 interest, or damage to any device; and


2   (v) for persons convicted of offenses other than 
3 those referenced in
clause (iv) above and who are 
4 placed on an approved monitoring device as a
condition 
5 of probation or conditional discharge, the court shall 
6 impose
a reasonable fee for each day of the use of the 
7 device, as established by the
county board in 
8 subsection (g) of this Section, unless after 
9 determining the
inability of the defendant to pay the 
10 fee, the court assesses a lesser fee or
no fee as the 
11 case may be. This fee shall be imposed in addition to 
12 the fees
imposed under subsections (g) and (i) of this 
13 Section. The fee
shall be collected by the clerk of the 
14 circuit court, except as provided in an administrative 
15 order of the Chief Judge of the circuit court. The 
16 clerk of the circuit
court shall pay all monies 
17 collected from this fee
to the county treasurer who 
18 shall use the monies collected to defray the
costs of 
19 corrections. The county treasurer shall deposit the 
20 fee
collected in the probation and court services fund.

21 The Chief Judge of the circuit court of the county may 
22 by administrative order establish a program for 
23 electronic monitoring of offenders, in which a vendor 
24 supplies and monitors the operation of the electronic 
25 monitoring device, and collects the fees on behalf of 
26 the county. The program shall include provisions for 
 
 
SB3057- 266 -LRB100 16603 SLF 31739 b


1 indigent offenders and the collection of unpaid fees. 
2 The program shall not unduly burden the offender and 
3 shall be subject to review by the Chief Judge. 

4   The Chief Judge of the circuit court may suspend 
5 any additional charges or fees for late payment, 
6 interest, or damage to any device. 
7  (11) comply with the terms and conditions of an order 
8 of protection issued
by the court pursuant to the Illinois 
9 Domestic Violence Act of 1986,
as now or hereafter amended, 
10 or an order of protection issued by the court of
another 
11 state, tribe, or United States territory. A copy of the 
12 order of
protection shall be
transmitted to the probation 
13 officer or agency
having responsibility for the case;


14  (12) reimburse any "local anti-crime program" as 
15 defined in Section 7
of the Anti-Crime Advisory Council Act 
16 for any reasonable expenses incurred
by the program on the 
17 offender's case, not to exceed the maximum amount of
the 
18 fine authorized for the offense for which the defendant was 
19 sentenced;


20  (13) contribute a reasonable sum of money, not to 
21 exceed the maximum
amount of the fine authorized for the

22 offense for which the defendant was sentenced, (i) to a 
23 "local anti-crime
program", as defined in Section 7 of the 
24 Anti-Crime Advisory Council Act, or (ii) for offenses under 
25 the jurisdiction of the Department of Natural Resources, to 
26 the fund established by the Department of Natural Resources 
 
 
SB3057- 267 -LRB100 16603 SLF 31739 b


1 for the purchase of evidence for investigation purposes and 
2 to conduct investigations as outlined in Section 805-105 of 
3 the Department of Natural Resources (Conservation) Law;


4  (14) refrain from entering into a designated 
5 geographic area except upon
such terms as the court finds 
6 appropriate. Such terms may include
consideration of the 
7 purpose of the entry, the time of day, other persons

8 accompanying the defendant, and advance approval by a

9 probation officer, if
the defendant has been placed on 
10 probation or advance approval by the
court, if the 
11 defendant was placed on conditional discharge;


12  (15) refrain from having any contact, directly or 
13 indirectly, with
certain specified persons or particular 
14 types of persons, including but not
limited to members of 
15 street gangs and drug users or dealers;


16  (16) refrain from having in his or her body the 
17 presence of any illicit
drug prohibited by the Cannabis 
18 Control Act, the Illinois Controlled
Substances Act, or the 
19 Methamphetamine Control and Community Protection Act, 
20 unless prescribed by a physician, and submit samples of
his 
21 or her blood or urine or both for tests to determine the 
22 presence of any
illicit drug;

23  (17) if convicted for an offense committed on or after 
24 June 1, 2008 (the effective date of Public Act 95-464) that 
25 would qualify the accused as a child sex offender as 
26 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
 
 
SB3057- 268 -LRB100 16603 SLF 31739 b


1 1961 or the Criminal Code of 2012, refrain from 
2 communicating with or contacting, by means of the Internet, 
3 a person who is related to the accused and whom the accused 
4 reasonably believes to be under 18 years of age; for 
5 purposes of this paragraph (17), "Internet" has the meaning 
6 ascribed to it in Section 16-0.1 of the Criminal Code of 
7 2012; and a person is related to the accused if the person 
8 is: (i) the spouse, brother, or sister of the accused; (ii) 
9 a descendant of the accused; (iii) a first or second cousin 
10 of the accused; or (iv) a step-child or adopted child of 
11 the accused;
12  (18) if convicted for an offense committed on or after 
13 June 1, 2009 (the effective date of Public Act 95-983) that 
14 would qualify as a sex offense as defined in the Sex 
15 Offender Registration Act:
16   (i) not access or use a computer or any other 
17 device with Internet capability without the prior 
18 written approval of the offender's probation officer, 
19 except in connection with the offender's employment or 
20 search for employment with the prior approval of the 
21 offender's probation officer;
22   (ii) submit to periodic unannounced examinations 
23 of the offender's computer or any other device with 
24 Internet capability by the offender's probation 
25 officer, a law enforcement officer, or assigned 
26 computer or information technology specialist, 
 
 
SB3057- 269 -LRB100 16603 SLF 31739 b


1 including the retrieval and copying of all data from 
2 the computer or device and any internal or external 
3 peripherals and removal of such information, 
4 equipment, or device to conduct a more thorough 
5 inspection;
6   (iii) submit to the installation on the offender's 
7 computer or device with Internet capability, at the 
8 subject's expense, of one or more hardware or software 
9 systems to monitor the Internet use; and
10   (iv) submit to any other appropriate restrictions 
11 concerning the offender's use of or access to a 
12 computer or any other device with Internet capability 
13 imposed by the offender's probation officer; and 
14  (19) refrain from possessing a firearm or other 
15 dangerous weapon where the offense is a misdemeanor that 
16 did not involve the intentional or knowing infliction of 
17 bodily harm or threat of bodily harm. 
18 (c) The court may as a condition of probation or of 
19conditional
discharge require that a person under 18 years of 
20age found guilty of any
alcohol, cannabis or controlled 
21substance violation, refrain from acquiring
a driver's license 
22during
the period of probation or conditional discharge. If 
23such person
is in possession of a permit or license, the court 
24may require that
the minor refrain from driving or operating 
25any motor vehicle during the
period of probation or conditional 
26discharge, except as may be necessary in
the course of the 
 
 
SB3057- 270 -LRB100 16603 SLF 31739 b


1minor's lawful employment.


2 (d) An offender sentenced to probation or to conditional 
3discharge
shall be given a certificate setting forth the 
4conditions thereof.


5 (e) Except where the offender has committed a fourth or 
6subsequent
violation of subsection (c) of Section 6-303 of the 
7Illinois Vehicle Code,
the court shall not require as a 
8condition of the sentence of
probation or conditional discharge 
9that the offender be committed to a
period of imprisonment in 
10excess of 6 months.
This 6-month 6 month limit shall not 
11include periods of confinement given pursuant to
a sentence of 
12county impact incarceration under Section 5-8-1.2.

13 Persons committed to imprisonment as a condition of 
14probation or
conditional discharge shall not be committed to 
15the Department of
Corrections.


16 (f) The court may combine a sentence of periodic 
17imprisonment under
Article 7 or a sentence to a county impact 
18incarceration program under
Article 8 with a sentence of 
19probation or conditional discharge.


20 (g) An offender sentenced to probation or to conditional 
21discharge and
who during the term of either undergoes mandatory 
22drug or alcohol testing,
or both, or is assigned to be placed 
23on an approved electronic monitoring
device, shall be ordered 
24to pay all costs incidental to such mandatory drug
or alcohol 
25testing, or both, and all costs
incidental to such approved 
26electronic monitoring in accordance with the
defendant's 
 
 
SB3057- 271 -LRB100 16603 SLF 31739 b


1ability to pay those costs. The county board with
the 
2concurrence of the Chief Judge of the judicial
circuit in which 
3the county is located shall establish reasonable fees for
the 
4cost of maintenance, testing, and incidental expenses related 
5to the
mandatory drug or alcohol testing, or both, and all 
6costs incidental to
approved electronic monitoring, involved 
7in a successful probation program
for the county. The 
8concurrence of the Chief Judge shall be in the form of
an 
9administrative order.
The fees shall be collected by the clerk 
10of the circuit court, except as provided in an administrative 
11order of the Chief Judge of the circuit court. The clerk of
the 
12circuit court shall pay all moneys collected from these fees to 
13the county
treasurer who shall use the moneys collected to 
14defray the costs of
drug testing, alcohol testing, and 
15electronic monitoring.
The county treasurer shall deposit the 
16fees collected in the
county working cash fund under Section 
176-27001 or Section 6-29002 of the
Counties Code, as the case 
18may be.
The Chief Judge of the circuit court of the county may 
19by administrative order establish a program for electronic 
20monitoring of offenders, in which a vendor supplies and 
21monitors the operation of the electronic monitoring device, and 
22collects the fees on behalf of the county. The program shall 
23include provisions for indigent offenders and the collection of 
24unpaid fees. The program shall not unduly burden the offender 
25and shall be subject to review by the Chief Judge. 

26 The Chief Judge of the circuit court may suspend any 
 
 
SB3057- 272 -LRB100 16603 SLF 31739 b


1additional charges or fees for late payment, interest, or 
2damage to any device. 
3 (h) Jurisdiction over an offender may be transferred from 
4the
sentencing court to the court of another circuit with the 
5concurrence of
both courts. Further transfers or retransfers of

6jurisdiction are also
authorized in the same manner. The court 
7to which jurisdiction has been
transferred shall have the same 
8powers as the sentencing court.
The probation department within 
9the circuit to which jurisdiction has been transferred, or 
10which has agreed to provide supervision, may impose probation 
11fees upon receiving the transferred offender, as provided in 
12subsection (i). For all transfer cases, as defined in Section 
139b of the Probation and Probation Officers Act, the probation 
14department from the original sentencing court shall retain all 
15probation fees collected prior to the transfer. After the 
16transfer,
all probation fees shall be paid to the probation 
17department within the
circuit to which jurisdiction has been 
18transferred.

19 (i) The court shall impose upon an offender
sentenced to 
20probation after January 1, 1989 or to conditional discharge

21after January 1, 1992 or to community service under the 
22supervision of a
probation or court services department after 
23January 1, 2004, as a condition of such probation or 
24conditional
discharge or supervised community service, a fee of 
25$50
for each month of probation or
conditional
discharge 
26supervision or supervised community service ordered by the 
 
 
SB3057- 273 -LRB100 16603 SLF 31739 b


1court, unless after
determining the inability of the person 
2sentenced to probation or conditional
discharge or supervised 
3community service to pay the
fee, the court assesses a lesser 
4fee. The court may not impose the fee on a
minor who is placed 
5in the guardianship or custody of the Department of Children 
6and Family Services under the Juvenile Court Act of 1987
while 
7the minor is in placement.
The fee shall be imposed only upon

8an offender who is actively supervised by the
probation and 
9court services
department. The fee shall be collected by the 
10clerk
of the circuit court. The clerk of the circuit court 
11shall pay all monies
collected from this fee to the county 
12treasurer for deposit in the
probation and court services fund 
13under Section 15.1 of the
Probation and Probation Officers Act.

14 A circuit court may not impose a probation fee under this 
15subsection (i) in excess of $25
per month unless the circuit 
16court has adopted, by administrative
order issued by the chief 
17judge, a standard probation fee guide
determining an offender's 
18ability to pay Of the
amount collected as a probation fee, up 
19to $5 of that fee
collected per month may be used to provide 
20services to crime victims
and their families.
21 The Court may only waive probation fees based on an 
22offender's ability to pay. The probation department may 
23re-evaluate an offender's ability to pay every 6 months, and, 
24with the approval of the Director of Court Services or the 
25Chief Probation Officer, adjust the monthly fee amount. An 
26offender may elect to pay probation fees due in a lump sum.
Any 
 
 
SB3057- 274 -LRB100 16603 SLF 31739 b


1offender that has been assigned to the supervision of a 
2probation department, or has been transferred either under 
3subsection (h) of this Section or under any interstate compact, 
4shall be required to pay probation fees to the department 
5supervising the offender, based on the offender's ability to 
6pay.


7 Public Act 93-970 This amendatory Act of the 93rd General 
8Assembly deletes the $10 increase in the fee under this 
9subsection that was imposed by Public Act 93-616. This deletion 
10is intended to control over any other Act of the 93rd General 
11Assembly that retains or incorporates that fee increase.
12 (i-5) In addition to the fees imposed under subsection (i) 
13of this Section, in the case of an offender convicted of a 
14felony sex offense (as defined in the Sex Offender Management 
15Board Act) or an offense that the court or probation department 
16has determined to be sexually motivated (as defined in the Sex 
17Offender Management Board Act), the court or the probation 
18department shall assess additional fees to pay for all costs of 
19treatment, assessment, evaluation for risk and treatment, and 
20monitoring the offender, based on that offender's ability to 
21pay those costs either as they occur or under a payment plan.
22 (j) All fines and costs imposed under this Section for any 
23violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
24Code, or a similar
provision of a local ordinance, and any 
25violation of the Child Passenger
Protection Act, or a similar 
26provision of a local ordinance, shall be
collected and 
 
 
SB3057- 275 -LRB100 16603 SLF 31739 b


1disbursed by the circuit clerk as provided under Section 27.5

2of the Clerks of Courts Act.


3 (k) Any offender who is sentenced to probation or 
4conditional discharge for a felony sex offense as defined in 
5the Sex Offender Management Board Act or any offense that the 
6court or probation department has determined to be sexually 
7motivated as defined in the Sex Offender Management Board Act 
8shall be required to refrain from any contact, directly or 
9indirectly, with any persons specified by the court and shall 
10be available for all evaluations and treatment programs 
11required by the court or the probation department.

12 (l) The court may order an offender who is sentenced to 
13probation or conditional
discharge for a violation of an order 
14of protection be placed under electronic surveillance as 
15provided in Section 5-8A-7 of this Code. 
16(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
17100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)

18 Section 100. The Stalking No Contact Order Act is amended 
19by changing Section 80 as follows:

20 (740 ILCS 21/80)

21 Sec. 80. Stalking no contact orders; remedies.
22 (a) If the court finds that the petitioner has been a 
23victim of stalking, a stalking no contact order shall issue; 
24provided that the petitioner must also satisfy the requirements 
 
 
SB3057- 276 -LRB100 16603 SLF 31739 b


1of Section 95 on emergency orders or Section 100 on plenary 
2orders. The petitioner shall not be denied a stalking no 
3contact order because the petitioner or the respondent is a 
4minor. The court, when determining whether or not to issue a 
5stalking no contact order, may not require physical injury on 
6the person of the petitioner. Modification and extension of 
7prior stalking no contact orders shall be in accordance with 
8this Act.
9 (b) A stalking no contact order shall order one or more of 
10the following:
11  (1) prohibit the respondent from threatening to commit 
12 or committing stalking;
13  (2) order the respondent not to have any contact with 
14 the petitioner or a third person specifically named by the 
15 court;
16  (3) prohibit the respondent from knowingly coming 
17 within, or knowingly remaining within a specified distance 
18 of the petitioner or the petitioner's residence, school, 
19 daycare, or place of employment, or any specified place 
20 frequented by the petitioner; however, the court may order 
21 the respondent to stay away from the respondent's own 
22 residence, school, or place of employment only if the 
23 respondent has been provided actual notice of the 
24 opportunity to appear and be heard on the petition;
25  (4) prohibit the respondent from possessing a Firearm 
26 Owners Identification Card, or possessing or buying 
 
 
SB3057- 277 -LRB100 16603 SLF 31739 b


1 firearms; and
2  (5) order other injunctive relief the court determines 
3 to be necessary to protect the petitioner or third party 
4 specifically named by the court.
5 (b-5) When the petitioner and the respondent attend the 
6same public, private, or non-public elementary, middle, or high 
7school, the court when issuing a stalking no contact order and 
8providing relief shall consider the severity of the act, any 
9continuing physical danger or emotional distress to the 
10petitioner, the educational rights guaranteed to the 
11petitioner and respondent under federal and State law, the 
12availability of a transfer of the respondent to another school, 
13a change of placement or a change of program of the respondent, 
14the expense, difficulty, and educational disruption that would 
15be caused by a transfer of the respondent to another school, 
16and any other relevant facts of the case. The court may order 
17that the respondent not attend the public, private, or 
18non-public elementary, middle, or high school attended by the 
19petitioner, order that the respondent accept a change of 
20placement or program, as determined by the school district or 
21private or non-public school, or place restrictions on the 
22respondent's movements within the school attended by the 
23petitioner.
The respondent bears the burden of proving by a 
24preponderance of the evidence that a transfer, change of 
25placement, or change of program of the respondent is not 
26available. The respondent also bears the burden of production 
 
 
SB3057- 278 -LRB100 16603 SLF 31739 b


1with respect to the expense, difficulty, and educational 
2disruption that would be caused by a transfer of the respondent 
3to another school. A transfer, change of placement, or change 
4of program is not unavailable to the respondent solely on the 
5ground that the respondent does not agree with the school 
6district's or private or non-public school's transfer, change 
7of placement, or change of program or solely on the ground that 
8the respondent fails or refuses to consent to or otherwise does 
9not take an action required to effectuate a transfer, change of 
10placement, or change of program.
When a court orders a 
11respondent to stay away from the public, private, or non-public 
12school attended by the petitioner and the respondent requests a 
13transfer to another attendance center within the respondent's 
14school district or private or non-public school, the school 
15district or private or non-public school shall have sole 
16discretion to determine the attendance center to which the 
17respondent is transferred.
In the event the court order results 
18in a transfer of the minor respondent to another attendance 
19center, a change in the respondent's placement, or a change of 
20the respondent's program, the parents, guardian, or legal 
21custodian of the respondent is responsible for transportation 
22and other costs associated with the transfer or change. 
23 (b-6) The court may order the parents, guardian, or legal 
24custodian of a minor respondent to take certain actions or to 
25refrain from taking certain actions to ensure that the 
26respondent complies with the order. In the event the court 
 
 
SB3057- 279 -LRB100 16603 SLF 31739 b


1orders a transfer of the respondent to another school, the 
2parents, guardian, or legal custodian of the respondent are 
3responsible for transportation and other costs associated with 
4the change of school by the respondent. 
5 (b-7) The court shall not hold a school district or private 
6or non-public school or any of its employees in civil or 
7criminal contempt unless the school district or private or 
8non-public school has been allowed to intervene.
9 (b-8) The court may hold the parents, guardian, or legal 
10custodian of a minor respondent in civil or criminal contempt 
11for a violation of any provision of any order entered under 
12this Act for conduct of the minor respondent in violation of 
13this Act if the
parents, guardian, or legal custodian directed, 
14encouraged, or assisted the respondent minor in such conduct. 
15 (c) The court may award the petitioner costs and attorneys 
16fees if a stalking no contact order is granted.
17 (d) Monetary damages are not recoverable as a remedy.
18 (e) If the stalking no contact order prohibits the 
19respondent from possessing a Firearm Owner's Identification 
20Card, or possessing or buying firearms; the court shall 
21confiscate the respondent's firearms Firearm Owner's 
22Identification Card and immediately return the card to the 
23Department of State Police Firearm Owner's Identification Card 
24Office.


25(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
2697-1131, eff. 1-1-13.)

 
 
SB3057- 280 -LRB100 16603 SLF 31739 b


1 Section 105. The Mental Health and Developmental 
2Disabilities Confidentiality Act is amended by changing 
3Section 12 as follows:



4 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


5 Sec. 12. (a) If the United States Secret Service or the 
6Department of
State Police requests information from a mental 
7health or developmental
disability facility, as defined in 
8Section 1-107 and 1-114 of the Mental
Health and Developmental 
9Disabilities Code, relating to a specific
recipient and the 
10facility director determines that disclosure of such

11information may be necessary to protect the life of, or to 
12prevent
the infliction of great bodily harm to, a public 
13official,
or a person under the protection of the United
States 
14Secret Service, only the following information
may be 
15disclosed: the recipient's name, address, and age and the date 
16of
any admission to or discharge from a facility; and any 
17information which
would indicate whether or not the recipient 
18has a history of violence or
presents a danger of violence to 
19the person under protection. Any information
so disclosed shall 
20be used for investigative purposes only and shall not
be 
21publicly disseminated.
Any person participating in good faith 
22in the disclosure of such
information in accordance with this 
23provision shall have immunity from any
liability, civil, 
24criminal or otherwise, if such information is disclosed
relying 
 
 
SB3057- 281 -LRB100 16603 SLF 31739 b


1upon the representation of an officer of the United States 
2Secret
Service or the Department of State Police that a person 
3is under the
protection of the United States Secret Service or 
4is a public official.

5 For the purpose of this subsection (a), the term "public 
6official" means
the Governor, Lieutenant Governor, Attorney 
7General, Secretary of State,
State Comptroller, State 
8Treasurer, member of the General Assembly, member of the United 
9States Congress, Judge of the United States as defined in 28 
10U.S.C. 451, Justice of the United States as defined in 28 
11U.S.C. 451, United States Magistrate Judge as defined in 28 
12U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
13Supreme, Appellate, Circuit, or Associate Judge of the State of 
14Illinois. The
term shall also include the spouse, child or 
15children of a public official.

16 (b) The Department of Human Services (acting as successor 
17to the
Department of Mental Health and Developmental 
18Disabilities) and all
public or private hospitals and mental 
19health facilities are required, as hereafter described in this 
20subsection,
to furnish the Department of State Police only such 
21information as may
be required for the sole purpose of 
22determining whether an individual who
may be or may have been a 
23patient is disqualified because of that status
from receiving 
24or retaining a firearm under paragraph (4) of subsection (a) of 
25Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
26Identification Card or falls within the federal prohibitors 
 
 
SB3057- 282 -LRB100 16603 SLF 31739 b


1under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
2of the Firearm Owners Identification Card Act, or falls within 
3the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
4physicians, clinical psychologists, or qualified examiners at 
5public or private mental health facilities or parts thereof as 
6defined in this subsection shall, in the form and manner 
7required
by the Department, provide notice directly to the 
8Department of Human Services, or to his or her employer who 
9shall then report to the Department, within 24 hours after 
10determining that a person poses a clear and present danger to 
11himself, herself, or others, or within 7 days after a person 14 
12years or older is determined to be a person with a 
13developmental disability by a physician, clinical 
14psychologist, or qualified examiner as described in this 
15subsection (b) Section 1.1 of the Firearm Owners Identification 
16Card Act. If a person is a patient as described in clause 
17(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
18of the Firearm Owners Identification Card Act, this information 
19shall be furnished within 7 days after
admission to a public or 
20private hospital or mental health facility or the provision of 
21services. Any such information disclosed under
this subsection 
22shall
remain privileged and confidential, and shall not be 
23redisclosed, except as required by clause (e)(2) of Section 
2424-4.5 of the Criminal Code of 2012 subsection (e) of Section 
253.1 of the Firearm Owners Identification Card Act, nor utilized

26for any other purpose. The method of requiring the providing of 
 
 
SB3057- 283 -LRB100 16603 SLF 31739 b


1such
information shall guarantee that no information is 
2released beyond what
is necessary for this purpose. In 
3addition, the information disclosed
shall be provided
by the 
4Department within the time period established by Section 24-3 
5of the
Criminal Code of 2012 regarding the delivery of 
6firearms. The method used
shall be sufficient to provide the 
7necessary information within the
prescribed time period, which 
8may include periodically providing
lists to the Department of 
9Human Services
or any public or private hospital or mental 
10health facility of Firearm Owner's Identification Card 
11applicants for firearm purchases
on which the Department or 
12hospital shall indicate the identities of those
individuals who 
13are to its knowledge disqualified from having a firearm Firearm

14Owner's Identification Card for reasons described herein. The 
15Department
may provide for a centralized source
of information 
16for the State on this subject under its jurisdiction. The 
17identity of the person reporting under this subsection shall 
18not be disclosed to the subject of the report. For the purposes 
19of this subsection, the physician, clinical psychologist, or 
20qualified examiner making the determination and his or her 
21employer shall not be held criminally, civilly, or 
22professionally liable for making or not making the notification 
23required under this subsection, except for willful or wanton 
24misconduct. 

25 Any person, institution, or agency, under this Act, 
26participating in
good faith in the reporting or disclosure of 
 
 
SB3057- 284 -LRB100 16603 SLF 31739 b


1records and communications
otherwise in accordance with this 
2provision or with rules, regulations or
guidelines issued by 
3the Department shall have immunity from any
liability, civil, 
4criminal or otherwise, that might result by reason of the

5action. For the purpose of any proceeding, civil or criminal,

6arising out of a report or disclosure in accordance with this 
7provision,
the good faith of any person,
institution, or agency 
8so reporting or disclosing shall be presumed. The
full extent 
9of the immunity provided in this subsection (b) shall apply to

10any person, institution or agency that fails to make a report 
11or disclosure
in the good faith belief that the report or 
12disclosure would violate
federal regulations governing the 
13confidentiality of alcohol and drug abuse
patient records 
14implementing 42 U.S.C. 290dd-3 and 290ee-3.

15 For purposes of this subsection (b) only, the following 
16terms shall have
the meaning prescribed:

17  (1) (Blank).

18  (1.3) "Clear and present danger" has the meaning as 
19 defined in Section 6-103.3 of the Mental Health and 
20 Developmental Disabilities Code 1.1 of the Firearm Owners 
21 Identification Card Act. 
22  (1.5) "Person with a developmental disability" 6-103.3 
23 of the Mental Health and Developmental Disabilities Code 
24 has the meaning as defined in Section 1.1 of the Firearm 
25 Owners Identification Card Act.
26  (2) "Patient" means (A) a person who voluntarily 
 
 
SB3057- 285 -LRB100 16603 SLF 31739 b


1 receives mental health treatment as an in-patient or 
2 resident of any public or private mental health facility, 
3 unless the treatment was solely for an alcohol abuse 
4 disorder and no other secondary substance abuse disorder or 
5 mental illness; or (B) a person who voluntarily receives 
6 mental health treatment as an out-patient or is provided 
7 services by a public or private mental health facility, and 
8 who poses a clear and present danger to himself, herself, 
9 or to others has the meaning as defined in Section 1.1 of 
10 the Firearm Owners Identification Card Act.

11  (3) "Mental health facility" means any licensed 
12 private hospital or hospital affiliate, institution, or 
13 facility, or part thereof, and any facility, or part 
14 thereof, operated by the State or a political subdivision 
15 thereof which provide treatment of persons with mental 
16 illness and includes all hospitals, institutions, clinics, 
17 evaluation facilities, mental health centers, colleges, 
18 universities, long-term care facilities, and nursing 
19 homes, or parts thereof, which provide treatment of persons 
20 with mental illness whether or not the primary purpose is 
21 to provide treatment of persons with mental illness has the 
22 meaning as defined in Section 1.1 of the Firearm Owners 
23 Identification Card Act.

24 (c) Upon the request of a peace officer who takes a person 
25into custody
and transports such person to a mental health or 
26developmental disability
facility pursuant to Section 3-606 or 
 
 
SB3057- 286 -LRB100 16603 SLF 31739 b


14-404 of the Mental Health and
Developmental Disabilities Code 
2or who transports a person from such facility,
a facility 
3director shall furnish said peace officer the name, address, 
4age
and name of the nearest relative of the person transported 
5to or from the
mental health or developmental disability 
6facility. In no case shall the
facility director disclose to 
7the peace officer any information relating to the
diagnosis, 
8treatment or evaluation of the person's mental or physical 
9health.

10 For the purposes of this subsection (c), the terms "mental 
11health or
developmental disability facility", "peace officer" 
12and "facility director"
shall have the meanings ascribed to 
13them in the Mental Health and
Developmental Disabilities Code.

14 (d) Upon the request of a peace officer or prosecuting 
15authority who is
conducting a bona fide investigation of a 
16criminal offense, or attempting to
apprehend a fugitive from 
17justice,
a facility director may disclose whether a person is 
18present at the facility.
Upon request of a peace officer or 
19prosecuting authority who has a valid
forcible felony warrant 
20issued, a facility director shall disclose: (1) whether
the 
21person who is the subject of the warrant is present at the 
22facility and (2)
the
date of that person's discharge or future 
23discharge from the facility.
The requesting peace officer or 
24prosecuting authority must furnish a case
number and the 
25purpose of the investigation or an outstanding arrest warrant 
26at
the time of the request. Any person, institution, or agency

 
 
SB3057- 287 -LRB100 16603 SLF 31739 b


1participating in good faith in disclosing such information in 
2accordance with
this subsection (d) is immune from any 
3liability, civil, criminal or
otherwise, that might result by 
4reason of the action.

5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
6eff. 7-27-15; 99-642, eff. 7-28-16.)


7 Section 110. The Illinois Domestic Violence Act of 1986 is 
8amended by changing Section 214 as follows:



9 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


10 Sec. 214. Order of protection; remedies. 

11 (a) Issuance of order. If the court finds that petitioner 
12has been
abused by a family or household member or that 
13petitioner is a high-risk
adult who has been abused, neglected, 
14or exploited, as defined in this Act,
an order of protection 
15prohibiting the abuse, neglect, or exploitation
shall issue; 
16provided that petitioner must also satisfy the requirements of

17one of the following Sections, as appropriate: Section 217 on 
18emergency
orders, Section 218 on interim orders, or Section 219 
19on plenary orders.
Petitioner shall not be denied an order of 
20protection because petitioner or
respondent is a minor. The 
21court, when determining whether or not to issue
an order of 
22protection, shall not require physical manifestations of abuse

23on the person of the victim. Modification and extension of 
24prior
orders of protection shall be in accordance with this 
 
 
SB3057- 288 -LRB100 16603 SLF 31739 b


1Act.

2 (b) Remedies and standards. The remedies to be included in 
3an order of
protection shall be determined in accordance with 
4this Section and one of
the following Sections, as appropriate: 
5Section 217 on emergency orders,
Section 218 on interim orders, 
6and Section 219 on plenary orders. The
remedies listed in this 
7subsection shall be in addition to other civil or
criminal 
8remedies available to petitioner.

9  (1) Prohibition of abuse, neglect, or exploitation. 
10 Prohibit
respondent's harassment, interference with 
11 personal liberty, intimidation
of a dependent, physical 
12 abuse, or willful deprivation, neglect or
exploitation, as 
13 defined in this Act, or stalking of the petitioner, as 
14 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
15 such abuse, neglect,
exploitation, or stalking has 
16 occurred or otherwise appears likely to occur if
not 
17 prohibited.

18  (2) Grant of exclusive possession of residence. 
19 Prohibit respondent from
entering or remaining in any 
20 residence, household, or premises of the petitioner,

21 including one owned or leased by respondent, if petitioner 
22 has a right to
occupancy thereof. The grant of exclusive 
23 possession of the residence, household, or premises shall 
24 not
affect title to real property, nor shall the court be 
25 limited by the standard
set forth in Section 701 of the 
26 Illinois Marriage and Dissolution of Marriage
Act.

 
 
SB3057- 289 -LRB100 16603 SLF 31739 b


1   (A) Right to occupancy. A party has a right to 
2 occupancy of a
residence or household if it is solely 
3 or jointly owned or leased by that
party, that party's 
4 spouse, a person with a legal duty to support that 
5 party or
a minor child in that party's care, or by any 
6 person or entity other than the
opposing party that 
7 authorizes that party's occupancy (e.g., a domestic

8 violence shelter). Standards set forth in subparagraph 
9 (B) shall not preclude
equitable relief.

10   (B) Presumption of hardships. If petitioner and 
11 respondent
each has the right to occupancy of a 
12 residence or household, the court
shall balance (i) the 
13 hardships to respondent and any minor child or

14 dependent adult in respondent's care resulting from 
15 entry of this remedy with
(ii) the hardships to 
16 petitioner and any minor child or dependent adult in

17 petitioner's care resulting from continued exposure to 
18 the risk of abuse
(should petitioner remain at the 
19 residence or household) or from loss of
possession of 
20 the residence or household (should petitioner leave to 
21 avoid the
risk of abuse). When determining the balance 
22 of hardships, the court shall
also take into account 
23 the accessibility of the residence or household.

24 Hardships need not be balanced if respondent does not 
25 have a right to
occupancy.

26   The balance of hardships is presumed to favor 
 
 
SB3057- 290 -LRB100 16603 SLF 31739 b


1 possession by
petitioner unless the presumption is 
2 rebutted by a preponderance of the
evidence, showing 
3 that the hardships to respondent substantially 
4 outweigh
the hardships to petitioner and any minor 
5 child or dependent adult in
petitioner's care. The 
6 court, on the request of petitioner or on its own

7 motion, may order respondent to provide suitable, 
8 accessible, alternate housing
for petitioner instead 
9 of excluding respondent from a mutual residence or

10 household.

11  (3) Stay away order and additional prohibitions.
Order 
12 respondent to stay away from petitioner or any other person

13 protected by the order of protection, or prohibit 
14 respondent from entering
or remaining present at 
15 petitioner's school, place of employment, or other

16 specified places at times when petitioner is present, or 
17 both, if
reasonable, given the balance of hardships. 
18 Hardships need not be balanced for
the court to enter a 
19 stay away order or prohibit entry if respondent has no

20 right to enter the premises.

21   (A) If an order of protection grants petitioner 
22 exclusive possession
of the residence, or prohibits 
23 respondent from entering the residence,
or orders 
24 respondent to stay away from petitioner or other

25 protected persons, then the court may allow respondent 
26 access to the
residence to remove items of clothing and 
 
 
SB3057- 291 -LRB100 16603 SLF 31739 b


1 personal adornment
used exclusively by respondent, 
2 medications, and other items as the court
directs. The 
3 right to access shall be exercised on only one occasion 
4 as the
court directs and in the presence of an 
5 agreed-upon adult third party or law
enforcement 
6 officer.

7   (B) When the petitioner and the respondent attend 
8 the same public, private, or non-public elementary, 
9 middle, or high school, the court when issuing an order 
10 of protection and providing relief shall consider the 
11 severity of the act, any continuing physical danger or 
12 emotional distress to the petitioner, the educational 
13 rights guaranteed to the petitioner and respondent 
14 under federal and State law, the availability of a 
15 transfer of the respondent to another school, a change 
16 of placement or a change of program of the respondent, 
17 the expense, difficulty, and educational disruption 
18 that would be caused by a transfer of the respondent to 
19 another school, and any other relevant facts of the 
20 case. The court may order that the respondent not 
21 attend the public, private, or non-public elementary, 
22 middle, or high school attended by the petitioner, 
23 order that the respondent accept a change of placement 
24 or change of program, as determined by the school 
25 district or private or non-public school, or place 
26 restrictions on the respondent's movements within the 
 
 
SB3057- 292 -LRB100 16603 SLF 31739 b


1 school attended by the petitioner.
The respondent 
2 bears the burden of proving by a preponderance of the 
3 evidence that a transfer, change of placement, or 
4 change of program of the respondent is not available. 
5 The respondent also bears the burden of production with 
6 respect to the expense, difficulty, and educational 
7 disruption that would be caused by a transfer of the 
8 respondent to another school. A transfer, change of 
9 placement, or change of program is not unavailable to 
10 the respondent solely on the ground that the respondent 
11 does not agree with the school district's or private or 
12 non-public school's transfer, change of placement, or 
13 change of program or solely on the ground that the 
14 respondent fails or refuses to consent or otherwise 
15 does not take an action required to effectuate a 
16 transfer, change of placement, or change of program.

17 When a court orders a respondent to stay away from the 
18 public, private, or non-public school attended by the 
19 petitioner and the respondent requests a transfer to 
20 another attendance center within the respondent's 
21 school district or private or non-public school, the 
22 school district or private or non-public school shall 
23 have sole discretion to determine the attendance 
24 center to which the respondent is transferred.
In the 
25 event the court order results in a transfer of the 
26 minor respondent to another attendance center, a 
 
 
SB3057- 293 -LRB100 16603 SLF 31739 b


1 change in the respondent's placement, or a change of 
2 the respondent's program, the parents, guardian, or 
3 legal custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 transfer or change. 
6   (C) The court may order the parents, guardian, or 
7 legal custodian of a minor respondent to take certain 
8 actions or to refrain from taking certain actions to 
9 ensure that the respondent complies with the order. In 
10 the event the court orders a transfer of the respondent 
11 to another school, the parents, guardian, or legal 
12 custodian of the respondent is responsible for 
13 transportation and other costs associated with the 
14 change of school by the respondent. 
15  (4) Counseling. Require or recommend the respondent to 
16 undergo
counseling for a specified duration with a social 
17 worker, psychologist,
clinical psychologist, psychiatrist, 
18 family service agency, alcohol or
substance abuse program, 
19 mental health center guidance counselor, agency
providing 
20 services to elders, program designed for domestic violence

21 abusers or any other guidance service the court deems 
22 appropriate. The Court may order the respondent in any 
23 intimate partner relationship to report to an Illinois 
24 Department of Human Services protocol approved partner 
25 abuse intervention program for an assessment and to follow 
26 all recommended treatment. 

 
 
SB3057- 294 -LRB100 16603 SLF 31739 b


1  (5) Physical care and possession of the minor child. In 
2 order to protect
the minor child from abuse, neglect, or 
3 unwarranted separation from the person
who has been the 
4 minor child's primary caretaker, or to otherwise protect 
5 the
well-being of the minor child, the court may do either 
6 or both of the
following: (i) grant petitioner physical 
7 care or possession of the minor child,
or both, or (ii) 
8 order respondent to return a minor child to, or not remove 
9 a
minor child from, the physical care of a parent or person 
10 in loco parentis.

11  If a court finds, after a hearing, that respondent has 
12 committed abuse
(as defined in Section 103) of a minor 
13 child, there shall be a
rebuttable presumption that 
14 awarding physical care to respondent would not
be in the 
15 minor child's best interest.

16  (6) Temporary allocation of parental responsibilities: 
17 significant decision-making. Award temporary 
18 decision-making responsibility to petitioner
in accordance 
19 with this Section, the Illinois Marriage and Dissolution of

20 Marriage Act, the Illinois Parentage Act of 2015, and this 
21 State's Uniform
Child-Custody Jurisdiction and Enforcement 
22 Act. 

23  If a court finds, after a hearing, that respondent has 
24 committed abuse (as
defined in Section 103) of a minor 
25 child, there shall be a rebuttable
presumption that 
26 awarding temporary significant decision-making 
 
 
SB3057- 295 -LRB100 16603 SLF 31739 b


1 responsibility to respondent would not be in
the child's 
2 best interest.

3  (7) Parenting time. Determine the parenting time, if 
4 any, of respondent in
any case in which the court awards 
5 physical care or allocates temporary significant 
6 decision-making responsibility of
a minor child to 
7 petitioner. The court shall restrict or deny respondent's 
8 parenting time
with a minor child if the court finds that 
9 respondent has done or is
likely to do any of the 
10 following: (i) abuse or endanger the minor child during 
11 parenting time; (ii) use the parenting time as an 
12 opportunity to abuse or harass
petitioner or petitioner's 
13 family or household members; (iii) improperly
conceal or 
14 detain the minor child; or (iv) otherwise act in a manner 
15 that is
not in the best interests of the minor child. The 
16 court shall not be limited
by the standards set forth in 
17 Section 603.10 of the Illinois Marriage and
Dissolution of 
18 Marriage Act. If the court grants parenting time, the order 
19 shall
specify dates and times for the parenting time to 
20 take place or other specific
parameters or conditions that 
21 are appropriate. No order for parenting time shall
refer 
22 merely to the term "reasonable parenting time".

23  Petitioner may deny respondent access to the minor 
24 child if, when
respondent arrives for parenting time, 
25 respondent is under the influence of drugs
or alcohol and 
26 constitutes a threat to the safety and well-being of

 
 
SB3057- 296 -LRB100 16603 SLF 31739 b


1 petitioner or petitioner's minor children or is behaving in 
2 a violent or
abusive manner.

3  If necessary to protect any member of petitioner's 
4 family or
household from future abuse, respondent shall be 
5 prohibited from coming to
petitioner's residence to meet 
6 the minor child for parenting time, and the
parties shall 
7 submit to the court their recommendations for reasonable

8 alternative arrangements for parenting time. A person may 
9 be approved to
supervise parenting time only after filing 
10 an affidavit accepting
that responsibility and 
11 acknowledging accountability to the court.

12  (8) Removal or concealment of minor child. Prohibit 
13 respondent from
removing a minor child from the State or 
14 concealing the child within the State.


15  (9) Order to appear. Order the respondent to appear in 
16 court, alone
or with a minor child, to prevent abuse, 
17 neglect, removal or concealment of
the child, to return the 
18 child to the custody or care of the petitioner or
to permit 
19 any court-ordered interview or examination of the child or 
20 the
respondent.

21  (10) Possession of personal property. Grant petitioner 
22 exclusive
possession of personal property and, if 
23 respondent has possession or
control, direct respondent to 
24 promptly make it available to petitioner, if:

25   (i) petitioner, but not respondent, owns the 
26 property; or

 
 
SB3057- 297 -LRB100 16603 SLF 31739 b


1   (ii) the parties own the property jointly; sharing 
2 it would risk
abuse of petitioner by respondent or is 
3 impracticable; and the balance of
hardships favors 
4 temporary possession by petitioner.

5  If petitioner's sole claim to ownership of the property 
6 is that it is
marital property, the court may award 
7 petitioner temporary possession
thereof under the 
8 standards of subparagraph (ii) of this paragraph only if
a 
9 proper proceeding has been filed under the Illinois 
10 Marriage and
Dissolution of Marriage Act, as now or 
11 hereafter amended.

12  No order under this provision shall affect title to 
13 property.

14  (11) Protection of property. Forbid the respondent 
15 from taking,
transferring, encumbering, concealing, 
16 damaging or otherwise disposing of
any real or personal 
17 property, except as explicitly authorized by the
court, if:

18   (i) petitioner, but not respondent, owns the 
19 property; or

20   (ii) the parties own the property jointly,
and the 
21 balance of hardships favors granting this remedy.

22  If petitioner's sole claim to ownership of the property 
23 is that it is
marital property, the court may grant 
24 petitioner relief under subparagraph
(ii) of this 
25 paragraph only if a proper proceeding has been filed under 
26 the
Illinois Marriage and Dissolution of Marriage Act, as 
 
 
SB3057- 298 -LRB100 16603 SLF 31739 b


1 now or hereafter amended.

2  The court may further prohibit respondent from 
3 improperly using the
financial or other resources of an 
4 aged member of the family or household
for the profit or 
5 advantage of respondent or of any other person.

6  (11.5) Protection of animals. Grant the petitioner the 
7 exclusive care, custody, or control of any animal owned, 
8 possessed, leased, kept, or held by either the petitioner 
9 or the respondent or a minor child residing in the 
10 residence or household of either the petitioner or the 
11 respondent and order the respondent to stay away from the 
12 animal and forbid the respondent from taking, 
13 transferring, encumbering, concealing, harming, or 
14 otherwise disposing of the animal.

15  (12) Order for payment of support. Order respondent to 
16 pay temporary
support for the petitioner or any child in 
17 the petitioner's care or over whom the petitioner has been 
18 allocated parental responsibility, when the respondent has 
19 a legal obligation to support that person,
in accordance 
20 with the Illinois Marriage and Dissolution
of Marriage Act, 
21 which shall govern, among other matters, the amount of

22 support, payment through the clerk and withholding of 
23 income to secure
payment. An order for child support may be 
24 granted to a petitioner with
lawful physical care of a 
25 child, or an order or agreement for
physical care of a 
26 child, prior to entry of an order allocating significant 
 
 
SB3057- 299 -LRB100 16603 SLF 31739 b


1 decision-making responsibility.
Such a support order shall 
2 expire upon entry of a valid order allocating parental 
3 responsibility differently and vacating the petitioner's 
4 significant decision-making authority, unless otherwise 
5 provided in the order.

6  (13) Order for payment of losses. Order respondent to 
7 pay petitioner for
losses suffered as a direct result of 
8 the abuse, neglect, or exploitation.
Such losses shall 
9 include, but not be limited to, medical expenses, lost

10 earnings or other support, repair or replacement of 
11 property damaged or taken,
reasonable attorney's fees, 
12 court costs and moving or other travel expenses,
including 
13 additional reasonable expenses for temporary shelter and 
14 restaurant
meals.

15   (i) Losses affecting family needs. If a party is 
16 entitled to seek
maintenance, child support or 
17 property distribution from the other party
under the 
18 Illinois Marriage and Dissolution of Marriage Act, as 
19 now or
hereafter amended, the court may order 
20 respondent to reimburse petitioner's
actual losses, to 
21 the extent that such reimbursement would be 
22 "appropriate
temporary relief", as authorized by 
23 subsection (a)(3) of Section 501 of
that Act.

24   (ii) Recovery of expenses. In the case of an 
25 improper concealment
or removal of a minor child, the 
26 court may order respondent to pay the
reasonable 
 
 
SB3057- 300 -LRB100 16603 SLF 31739 b


1 expenses incurred or to be incurred in the search for 
2 and recovery
of the minor child, including but not 
3 limited to legal fees, court costs,
private 
4 investigator fees, and travel costs.

5  (14) Prohibition of entry. Prohibit the respondent 
6 from entering or
remaining in the residence or household 
7 while the respondent is under the
influence of alcohol or 
8 drugs and constitutes a threat to the safety and
well-being 
9 of the petitioner or the petitioner's children.

10  (14.5) Prohibition of firearm possession.

11   (a) Prohibit a respondent against whom an order of 
12 protection was issued from possessing any firearms 
13 during the duration of the order if the order:
14    (1) was issued after a hearing of which such 
15 person received
actual notice, and at which such 
16 person had an opportunity to
participate;
17    (2) restrains such person from harassing, 
18 stalking, or
threatening an intimate partner of 
19 such person or child of such
intimate partner or 
20 person, or engaging in other conduct that
would 
21 place an intimate partner in reasonable fear of 
22 bodily
injury to the partner or child; and
23    (3)(i) includes a finding that such person 
24 represents a
credible threat to the physical 
25 safety of such intimate partner
or child; or
(ii) 
26 by its terms explicitly prohibits the use, 
 
 
SB3057- 301 -LRB100 16603 SLF 31739 b


1 attempted
use, or threatened use of physical force 
2 against such intimate
partner or child that would 
3 reasonably be expected to cause
bodily injury.
4  Any Firearm Owner's Identification Card in the

5 possession of the respondent, except as provided in 
6 subsection (b), shall be ordered by the court to be 
7 turned
over to the local law enforcement agency. The 
8 local law enforcement agency shall immediately mail 
9 the card to the Department of State Police Firearm 
10 Owner's Identification Card Office
for safekeeping. 
11 The court shall
issue a warrant for seizure of any 
12 firearm in the possession of the respondent, to be kept 
13 by the local law enforcement agency for safekeeping, 
14 except as provided in subsection (b).
The period of 
15 safekeeping shall be for the duration of the order of 
16 protection. The firearm or firearms and Firearm 
17 Owner's Identification Card, if unexpired, shall at 
18 the respondent's request, be returned to the 
19 respondent at the end
of the order of protection. It is 
20 the respondent's responsibility to notify the 
21 Department of State Police Firearm Owner's 
22 Identification Card Office. 

23   (b) If the respondent is a peace officer as defined 
24 in Section 2-13 of
the
Criminal Code of 2012, the court 
25 shall order that any firearms used by the
respondent in 
26 the performance of his or her duties as a
peace officer 
 
 
SB3057- 302 -LRB100 16603 SLF 31739 b


1 be surrendered to
the chief law enforcement executive 
2 of the agency in which the respondent is
employed, who 
3 shall retain the firearms for safekeeping for the 
4 duration of the order of protection.

5   (c) Upon expiration of the period of safekeeping, 
6 if the firearms or Firearm Owner's Identification Card 
7 cannot be returned to respondent because respondent 
8 cannot be located, fails to respond to requests to 
9 retrieve the firearms, or is not lawfully eligible to 
10 possess a firearm, upon petition from the local law 
11 enforcement agency, the court may order the local law 
12 enforcement agency to destroy the firearms, use the 
13 firearms for training purposes, or for any other 
14 application as deemed appropriate by the local law 
15 enforcement agency; or that the firearms be turned over 
16 to a third party who is lawfully eligible to possess 
17 firearms, and who does not reside with respondent. 
18  (15) Prohibition of access to records. If an order of 
19 protection
prohibits respondent from having contact with 
20 the minor child,
or if petitioner's address is omitted 
21 under subsection (b) of
Section 203, or if necessary to 
22 prevent abuse or wrongful removal or
concealment of a minor 
23 child, the order shall deny respondent access to, and

24 prohibit respondent from inspecting, obtaining, or 
25 attempting to
inspect or obtain, school or any other 
26 records of the minor child
who is in the care of 
 
 
SB3057- 303 -LRB100 16603 SLF 31739 b


1 petitioner.

2  (16) Order for payment of shelter services. Order 
3 respondent to
reimburse a shelter providing temporary 
4 housing and counseling services to
the petitioner for the 
5 cost of the services, as certified by the shelter
and 
6 deemed reasonable by the court.

7  (17) Order for injunctive relief. Enter injunctive 
8 relief necessary
or appropriate to prevent further abuse of 
9 a family or household member
or further abuse, neglect, or 
10 exploitation of a high-risk adult with
disabilities or to 
11 effectuate one of the granted remedies, if supported by the

12 balance of hardships. If the harm to be prevented by the 
13 injunction is abuse
or any other harm that one of the 
14 remedies listed in paragraphs (1) through
(16) of this 
15 subsection is designed to prevent, no further evidence is

16 necessary that the harm is an irreparable injury.

17  (18) Telephone services.
18   (A) Unless a condition described in subparagraph 
19 (B) of this paragraph exists, the court may, upon 
20 request by the petitioner, order a wireless telephone 
21 service provider to transfer to the petitioner the 
22 right to continue to use a telephone number or numbers 
23 indicated by the petitioner and the financial 
24 responsibility associated with the number or numbers, 
25 as set forth in subparagraph (C) of this paragraph. For 
26 purposes of this paragraph (18), the term "wireless 
 
 
SB3057- 304 -LRB100 16603 SLF 31739 b


1 telephone service provider" means a provider of 
2 commercial mobile service as defined in 47 U.S.C. 332. 
3 The petitioner may request the transfer of each 
4 telephone number that the petitioner, or a minor child 
5 in his or her custody, uses. The clerk of the court 
6 shall serve the order on the wireless telephone service 
7 provider's agent for service of process provided to the 
8 Illinois Commerce Commission. The order shall contain 
9 all of the following:
10    (i) The name and billing telephone number of 
11 the account holder including the name of the 
12 wireless telephone service provider that serves 
13 the account.
14    (ii) Each telephone number that will be 
15 transferred.
16    (iii) A statement that the provider transfers 
17 to the petitioner all financial responsibility for 
18 and right to the use of any telephone number 
19 transferred under this paragraph.
20   (B) A wireless telephone service provider shall 
21 terminate the respondent's use of, and shall transfer 
22 to the petitioner use of, the telephone number or 
23 numbers indicated in subparagraph (A) of this 
24 paragraph unless it notifies the petitioner, within 72 
25 hours after it receives the order, that one of the 
26 following applies:
 
 
SB3057- 305 -LRB100 16603 SLF 31739 b


1    (i) The account holder named in the order has 
2 terminated the account.
3    (ii) A difference in network technology would 
4 prevent or impair the functionality of a device on 
5 a network if the transfer occurs.
6    (iii) The transfer would cause a geographic or 
7 other limitation on network or service provision 
8 to the petitioner.
9    (iv) Another technological or operational 
10 issue would prevent or impair the use of the 
11 telephone number if the transfer occurs.
12   (C) The petitioner assumes all financial 
13 responsibility for and right to the use of any 
14 telephone number transferred under this paragraph. In 
15 this paragraph, "financial responsibility" includes 
16 monthly service costs and costs associated with any 
17 mobile device associated with the number.
18   (D) A wireless telephone service provider may 
19 apply to the petitioner its routine and customary 
20 requirements for establishing an account or 
21 transferring a number, including requiring the 
22 petitioner to provide proof of identification, 
23 financial information, and customer preferences.

24   (E) Except for willful or wanton misconduct, a 
25 wireless telephone service provider is immune from 
26 civil liability for its actions taken in compliance 
 
 
SB3057- 306 -LRB100 16603 SLF 31739 b


1 with a court order issued under this paragraph.
2   (F) All wireless service providers that provide 
3 services to residential customers shall provide to the 
4 Illinois Commerce Commission the name and address of an 
5 agent for service of orders entered under this 
6 paragraph (18). Any change in status of the registered 
7 agent must be reported to the Illinois Commerce 
8 Commission within 30 days of such change. 
9   (G) The Illinois Commerce Commission shall 
10 maintain the list of registered agents for service for 
11 each wireless telephone service provider on the 
12 Commission's website. The Commission may consult with 
13 wireless telephone service providers and the Circuit 
14 Court Clerks on the manner in which this information is 
15 provided and displayed. 
16 (c) Relevant factors; findings.

17  (1) In determining whether to grant a specific remedy, 
18 other than
payment of support, the court shall consider

19 relevant factors, including but not limited to the 
20 following:

21   (i) the nature, frequency, severity, pattern and 
22 consequences of the
respondent's past abuse, neglect 
23 or exploitation of the petitioner or
any family or 
24 household member, including the concealment of his or 
25 her
location in order to evade service of process or 
26 notice, and the likelihood of
danger of future abuse, 
 
 
SB3057- 307 -LRB100 16603 SLF 31739 b


1 neglect, or exploitation to petitioner or any member of

2 petitioner's or respondent's family or household; and

3   (ii) the danger that any minor child will be abused 
4 or neglected or
improperly relocated from the 
5 jurisdiction, improperly concealed within the
State or 
6 improperly separated from the child's primary 
7 caretaker.

8  (2) In comparing relative hardships resulting to the 
9 parties from loss
of possession of the family home, the 
10 court shall consider relevant
factors, including but not 
11 limited to the following:

12   (i) availability, accessibility, cost, safety, 
13 adequacy, location and
other characteristics of 
14 alternate housing for each party and any minor child
or 
15 dependent adult in the party's care;

16   (ii) the effect on the party's employment; and

17   (iii) the effect on the relationship of the party, 
18 and any minor
child or dependent adult in the party's 
19 care, to family, school, church
and community.

20  (3) Subject to the exceptions set forth in paragraph 
21 (4) of this
subsection, the court shall make its findings 
22 in an official record or in
writing, and shall at a minimum 
23 set forth the following:

24   (i) That the court has considered the applicable 
25 relevant factors
described in paragraphs (1) and (2) of 
26 this subsection.

 
 
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1   (ii) Whether the conduct or actions of respondent, 
2 unless
prohibited, will likely cause irreparable harm 
3 or continued abuse.

4   (iii) Whether it is necessary to grant the 
5 requested relief in order
to protect petitioner or 
6 other alleged abused persons.

7  (4) For purposes of issuing an ex parte emergency order 
8 of protection,
the court, as an alternative to or as a 
9 supplement to making the findings
described in paragraphs 
10 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
11 the following procedure:

12  When a verified petition for an emergency order of 
13 protection in
accordance with the requirements of Sections 
14 203 and 217 is
presented to the court, the court shall 
15 examine petitioner on oath or
affirmation. An emergency 
16 order of protection shall be issued by the court
if it 
17 appears from the contents of the petition and the 
18 examination of
petitioner that the averments are 
19 sufficient to indicate abuse by
respondent and to support 
20 the granting of relief under the issuance of the
emergency 
21 order of protection.

22  (5) Never married parties. No rights or 
23 responsibilities for a minor
child born outside of marriage 
24 attach to a putative father until a father and
child 
25 relationship has been established under the Illinois 
26 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
 
 
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1 the Illinois Public Aid Code, Section 12 of the Vital 
2 Records Act, the
Juvenile Court Act of 1987, the Probate 
3 Act of 1975 1985, the Revised Uniform
Reciprocal 
4 Enforcement of Support Act, the Uniform Interstate Family 
5 Support
Act, the Expedited Child Support Act of 1990, any 
6 judicial, administrative, or
other act of another state or 
7 territory, any other Illinois statute, or by any
foreign 
8 nation establishing the father and child relationship, any 
9 other
proceeding substantially in conformity with the 
10 Personal Responsibility and
Work Opportunity 
11 Reconciliation Act of 1996 (Pub. L. 104-193), or where both

12 parties appeared in open court or at an administrative 
13 hearing acknowledging
under
oath or admitting by 
14 affirmation the existence of a father and child

15 relationship.
Absent such an adjudication, finding, or 
16 acknowledgment acknowledgement, no putative
father shall 
17 be granted
temporary allocation of parental 
18 responsibilities, including parenting time with the minor 
19 child, or
physical care and possession of the minor child, 
20 nor shall an order of payment
for support of the minor 
21 child be entered.

22 (d) Balance of hardships; findings. If the court finds that 
23the balance
of hardships does not support the granting of a 
24remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
25subsection (b) of this Section,
which may require such 
26balancing, the court's findings shall so
indicate and shall 
 
 
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1include a finding as to whether granting the remedy will
result 
2in hardship to respondent that would substantially outweigh the 
3hardship
to petitioner from denial of the remedy. The findings 
4shall be an official
record or in writing.

5 (e) Denial of remedies. Denial of any remedy shall not be 
6based, in
whole or in part, on evidence that:

7  (1) Respondent has cause for any use of force, unless 
8 that cause
satisfies the standards for justifiable use of 
9 force provided by Article
7 of the Criminal Code of 2012;

10  (2) Respondent was voluntarily intoxicated;

11  (3) Petitioner acted in self-defense or defense of 
12 another, provided
that, if petitioner utilized force, such 
13 force was justifiable under
Article 7 of the Criminal Code 
14 of 2012; 

15  (4) Petitioner did not act in self-defense or defense 
16 of another;

17  (5) Petitioner left the residence or household to avoid 
18 further abuse,
neglect, or exploitation by respondent;

19  (6) Petitioner did not leave the residence or household 
20 to avoid further
abuse, neglect, or exploitation by 
21 respondent;

22  (7) Conduct by any family or household member excused 
23 the abuse,
neglect, or exploitation by respondent, unless 
24 that same conduct would have
excused such abuse, neglect, 
25 or exploitation if the parties had not been
family or 
26 household members.

 
 
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1(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
2eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)



3 Section 115. The Revised Uniform Unclaimed Property Act is 
4amended by changing Section 15-705 as follows:

5 (765 ILCS 1026/15-705)

6 Sec. 15-705. Exceptions to the sale of tangible property. 
7The administrator shall dispose of tangible property 
8identified by this Section in accordance with this Section.
9 (a) Military medals or decorations. The administrator may 
10not sell a medal or decoration awarded for military service in 
11the armed forces of the United States. Instead, the 
12administrator, with the consent of the respective organization 
13under paragraph (1), agency under paragraph (2), or entity 
14under paragraph (3), may deliver a medal or decoration to be 
15held in custody for the owner, to:
16  (1) a military veterans organization qualified under 
17 Section 501(c)(19) of the Internal Revenue Code;
18  (2) the agency that awarded the medal or decoration; or
19  (3) a governmental entity.
20 After delivery, the administrator is not responsible for 
21the safekeeping of the medal or decoration.
22 (b) Property with historical value. Property that the 
23administrator reasonably believes may have historical value 
24may be, at his or her discretion, loaned to an accredited 
 
 
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1museum in the United States where it will be kept until such 
2time as the administrator orders it to be returned to his or 
3her custody.
4 (c) Human remains. If human remains are delivered to the 
5administrator under this Act, the administrator shall deliver 
6those human remains to the coroner of the county in which the 
7human remains were abandoned for disposition under Section 
83-3034 of the Counties Code. The only human remains that may be 
9delivered to the administrator under this Act and that the 
10administrator may receive are those that are reported and 
11delivered as contents of a safe deposit box.
12 (d) Evidence in a criminal investigation. Property that may 
13have been used in the commission of a crime or that may assist 
14in the investigation of a crime, as determined after consulting 
15with the Department of State Police, shall be delivered to the 
16Department of State Police or other appropriate law enforcement 
17authority to allow law enforcement to determine whether a 
18criminal investigation should take place. Any such property 
19delivered to a law enforcement authority shall be held in 
20accordance with existing statutes and rules related to the 
21gathering, retention, and release of evidence.
22 (e) Firearms.
23  (1) The administrator, in cooperation with the 
24 Department of State Police, shall develop a procedure to 
25 determine whether a firearm delivered to the administrator 
26 under this Act has been stolen or used in the commission of 
 
 
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1 a crime. The Department of State Police shall determine the 
2 appropriate disposition of a firearm that has been stolen 
3 or used in the commission of a crime. The administrator 
4 shall attempt to return a firearm that has not been stolen 
5 or used in the commission of a crime to the rightful owner 
6 if the Department of State Police determines that the owner 
7 may lawfully possess the firearm.
8  (2) If the administrator is unable to return a firearm 
9 to its owner, the administrator shall transfer custody of 
10 the firearm to the Department of State Police. Legal title 
11 to a firearm transferred to the Department of State Police 
12 under this subsection (e) is vested in the Department of 
13 State Police by operation of law if:
14   (i) the administrator cannot locate the owner of 
15 the firearm;
16   (ii) the owner of the firearm may not lawfully 
17 possess the firearm;
18   (iii) the apparent owner does not respond to notice 
19 published under Section 15-503 of this Act; or
20   (iv) the apparent owner responds to notice 
21 published under Section 15-502 and states that he or 
22 she no longer claims an interest in the firearm.
23  (3) With respect to a firearm whose title is 
24 transferred to the Department of State Police under this 
25 subsection (e), the Department of State Police may:
26   (i) retain the firearm for use by the crime 
 
 
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1 laboratory system, for training purposes, or for any 
2 other application as deemed appropriate by the 
3 Department;
4   (ii) transfer the firearm to the Illinois State 
5 Museum if the firearm has historical value; or
6   (iii) destroy the firearm if it is not retained 
7 pursuant to subparagraph (i) or transferred pursuant 
8 to subparagraph (ii).
9 As used in this subsection, "firearm" has the meaning 
10provided in Section 2-7.5 of the Criminal Code of 2012 the 
11Firearm Owners Identification Card Act.

12(Source: P.A. 100-22, eff. 1-1-18.)

13 Section 995. No acceleration or delay. Where this Act makes 
14changes in a statute that is represented in this Act by text 
15that is not yet or no longer in effect (for example, a Section 
16represented by multiple versions), the use of that text does 
17not accelerate or delay the taking effect of (i) the changes 
18made by this Act or (ii) provisions derived from any other 
19Public Act.

20 Section 999. Effective date. This Act takes effect January 
211, 2019.

                        
 
 
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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 2605/2605-300was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-595
7 20 ILCS 2605/2605-120 rep.
8 20 ILCS 2630/2.2
9 30 ILCS 105/6z-99
10 50 ILCS 710/1from Ch. 85, par. 515
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
14 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15 225 ILCS 447/35-30
16 225 ILCS 447/35-35
17 405 ILCS 5/6-103.1
18 405 ILCS 5/6-103.2
19 405 ILCS 5/6-103.3
20 410 ILCS 45/2from Ch. 111 1/2, par. 1302
21 430 ILCS 65/Act rep.
22 430 ILCS 66/25
23 430 ILCS 66/30
24 430 ILCS 66/40
25 430 ILCS 66/70
                               
 
 
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1 430 ILCS 66/80
2 430 ILCS 66/105
3 520 ILCS 5/3.2from Ch. 61, par. 3.2
4 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5 705 ILCS 105/27.3a
6 720 ILCS 5/2-7.1
7 720 ILCS 5/2-7.5
8 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9 720 ILCS 5/16-0.1
10 720 ILCS 5/17-30was 720 ILCS 5/16C-2
11 720 ILCS 5/24-1from Ch. 38, par. 24-1
12 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13 720 ILCS 5/24-1.6
14 720 ILCS 5/24-1.8
15 720 ILCS 5/24-2
16 720 ILCS 5/24-3from Ch. 38, par. 24-3
17 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
18 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
19 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
20 720 ILCS 5/24-3.5
21 720 ILCS 5/24-4.1
22 720 ILCS 5/24-4.5 new
23 720 ILCS 5/24-9
24 720 ILCS 646/10
25 725 ILCS 5/110-10from Ch. 38, par. 110-10
26 725 ILCS 5/112A-11.1
 
 
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