Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Amended.html

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Rep. William Davis

Filed: 3/12/2013

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AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 2. Legislative determination. It is hereby
declared as a matter of legislative determination that in order
to promote and protect the health, safety and welfare of the
public, it is necessary and in the public interest within the
State of Illinois to establish a system of handgun
registration, thereby establishing a practical and workable
system by which law enforcement authorities will be afforded an
opportunity to identify the ownership of handguns that have
been recovered or seized as evidence in connection with a
criminal offense.
Section 4. Definitions
As used in Sections 2 and 5 of this Act:
"Certificate of Handgun Registration" means a certificate

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issued by the Illinois Department of State Police under Section
5 of this Act.
"Department" means the Department of State Police.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" has the same meaning as set forth in Section 1.1
of the Firearm Owners Identification Card Act.
"Handgun" means a firearm designed to be held and fired by
the use of a single hand.
Section 5. Certificate of Handgun Registration.
(a) No person shall transport or possess a handgun in this
State without a Certificate of Handgun Registration issued for
that handgun by the Department of State Police.
(b) The provisions of this Section prohibiting a person
from transporting or possessing a handgun without a Certificate
of Handgun Registration do not apply to the following:
(1) any person who is exempt from the Firearm Owners
Identification Card Act under subsection (b) of Section 2
of that Act;
(2) any person who is exempt from the Firearm Owners
Identification Card Act under subsection (c) of Section 2
of that Act;
(3) a certified member of the Illinois Firearms
Manufacturers Association; and

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(4) a federally licensed firearm dealer holding a new
handgun for transfer or sale.
(c) An applicant for an original or transferred Certificate
of Handgun Registration shall submit an application to the
Department, prepared and furnished at convenient locations
throughout the State or by electronic means. The application
shall request the following information from the applicant:
(1) the applicant's name, address, and telephone
number;
(2) a copy of the applicant's Illinois Firearm Owner's
Identification Card;
(3) the name of the manufacturer, the caliber or gauge,
the model, the type, and the serial number identification
of the handgun to be registered;
(4) the source from which the handgun was obtained,
including the name and address of the source;
(5) the date the handgun was acquired;
(6) any other information that the Department shall
find reasonably necessary or desirable to effectuate the
purposes of this Section and to arrive at a fair
determination as to whether the terms of this Section have
been complied with; and
(7) an affidavit signed by the applicant certifying
that the applicant:
(A) possesses a valid Firearm Owner's
Identification Card;

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(B) as of the date of application, would still be
eligible to receive a Firearm Owner's Identification
Card from the Department.
(d) The Department shall issue an original or transferred
Certificate of Handgun Registration or shall issue a written
denial of the application within 30 days after the application
is received.
(e) There is created in the State treasury the Handgun
Certificate Administration Fund to be used by the Department
for the administration of handgun registration as required by
this Section.
(f) A nonrefundable application fee of $20 shall be payable
for each original or transferred Certificate of Handgun
Registration. All moneys received from this $20 fee shall be
deposited as follows:
(1) $10 to the Handgun Certificate Administration Fund
for the administration of handgun registration;
(2) $5 to the Illinois LEADS Information and Technology
Improvement Fund; and
(3) $5 to the National Instant Criminal Background
Check System Improvement Fund.
(g) A nonrefundable fee of $10 shall be payable for each
duplicate or replacement Certificate of Handgun Registration.
All moneys received from this $10 fee shall be deposited into
the Handgun Certificate Administration Fund for the
administration of handgun registration.

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(h) Certificates of Handgun Registration shall expire
every 5 years. The fee for renewal of a Certificate of Handgun
Registration is $10. All moneys received from this $10 fee
shall be deposited into the Handgun Certificate Administration
Fund for the administration of handgun registration.
(i) Every person issued a Certificate of Handgun
Registration shall notify the Department in the manner
prescribed by the Department within 72 hours of the following:
(1) a change in any of the information appearing on the
Certificate of Handgun Registration; or
(2) the sale, transfer, inheritance, or other
disposition of the registered handgun.
(j) A person issued a Certificate of Handgun Registration,
in addition to any other requirements of this Section, shall
immediately return to the Department his or her Certificate of
Handgun Registration for any handgun which is lost, stolen,
destroyed, or otherwise disposed of.
(k) If an owner transfers ownership of a handgun, he or she
shall execute to the transferee, at the time of the delivery of
the handgun, an assignment of registration in the space
provided on the Certificate of Handgun Registration, and shall
cause the certificate and assignment to be delivered to the
transferee.
(k-5) In the case of a federally licensed firearm dealer
making a sale of a new handgun, the dealer shall submit the
application described in subsection (c) of this Section along

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with the required fee to the Department on the purchaser's
behalf within 20 days from the date of sale. If the purchaser
does not receive an original Certificate of Handgun
Registration or a written denial of the application submitted
on his or her behalf by the dealer within 50 days from the date
of purchase, the purchaser shall inquire to the Department
regarding the status of his or her application.
(l) Within 20 days after the delivery to a transferee of a
handgun or the delivery of the certificate and assignment,
whichever occurs sooner, the transferee shall execute the
application for a new Certificate of Handgun Registration in
the space provided on the certificate and cause the certificate
and application to be mailed or delivered to the Department.
(m) No transferee shall knowingly accept ownership of a
handgun from a transferor who has failed to obtain a
Certificate of Handgun Registration in violation of this
Section, or who fails to execute an assignment of registration
to the transferee as required by subsection (k) of this
Section.
(n) Any person who accepts delivery of a handgun that has
not been previously registered and assigned to the transferee
shall file an application for an original Certificate of
Handgun Registration within 20 days after taking possession of
the handgun. Any person who owns a handgun on the effective
date of this Act shall file an application for an original
Certificate of Handgun Registration not later than 90 days

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after the effective date of this Act.
(o) Transfer of ownership of a registered handgun shall not
be considered complete until the transferee has complied with
subsection (l) of this Section, provided that a transferor who
has complied with subsection (k) of this Section, and has
complied with the requirements of Section 3 and 3.1 of the
Firearm Owners Identification Card Act, if applicable, shall
not be liable as an owner by virtue of the transferee's failure
to comply with subsection (l) for damages arising out of use of
the handgun.
(p) The Department has authority to deny an application for
or to revoke and seize a Certificate of Handgun Registration
previously issued under this Section if the Department finds
that:
(1) the person does not possess a valid Firearm Owner's
Identification Card;
(2) false or misleading information was submitted to
the Department in connection with the application; or
(3) the handgun is unlawful for the applicant to own.
(q) The Department of State Police and local law
enforcement may exchange any information that is necessary for
the proper administration of this Section unless the exchange
is specifically prohibited by State or federal law.
(r) Whenever an application for a Certificate of Handgun
Registration is denied, whenever the Department fails to act on
an application within 30 days of its receipt, or whenever a

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certificate is revoked or seized, the aggrieved party may
appeal to the Director of the Department of State Police for a
hearing upon the denial, failure to act, revocation, or
seizure, unless the denial, failure to act, revocation, or
seizure was based upon a forcible felony, stalking, aggravated
stalking, domestic battery, any violation of the Illinois
Controlled Substances Act, the Methamphetamine Control and
Community Protection Act, or the Cannabis Control Act that is
classified as a Class 2 or greater felony, any felony violation
of Article 24 of the Criminal Code of 2012, or any adjudication
as a delinquent minor for the commission of an offense that if
committed by an adult would be a felony, in which case the
aggrieved party may petition the circuit court in writing in
the county of his or her residence for a hearing upon the
denial, failure to act, revocation, or seizure.
(1) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the appropriate State's
Attorney with a copy of the petition. The State's Attorney
may object to the petition and present evidence. At the
hearing the court shall determine whether substantial
justice has been done. Should the court determine that
substantial justice has not been done, the court shall
issue an order directing the Department of State Police to
issue a Certificate of Handgun Registration.
(2) Any person prohibited from possessing a handgun
under Sections 24-1.1 or 24-3.1 of the Criminal Code of

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2012 or acquiring a Certificate of Handgun Registration
under this Section may apply to the Director of the
Department of State Police or petition the circuit court in
the county where the petitioner resides, whichever is
applicable in accordance with this subsection (r),
requesting relief from the prohibition and the Director or
court may grant this relief if it is established by the
applicant to the court's or Director's satisfaction that:
(A) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(B) the applicant has not been convicted of a
forcible felony under the laws of this State or any
other jurisdiction within 20 years of the applicant's
application for a Certificate of Handgun Registration,
or at least 20 years have passed since the end of any
period of imprisonment imposed in relation to that
conviction;
(C) the circumstances regarding a criminal
conviction, where applicable, the applicant's criminal
history and his or her reputation are such that the
applicant will not be likely to act in a manner
dangerous to public safety; and

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(D) granting relief would not be contrary to the
public interest.
(3) When a minor is adjudicated delinquent for an
offense which if committed by an adult would be a felony,
the court shall notify the Department of State Police.
(4) The court shall review the denial of an application
or the revocation of a Certificate of Handgun Registration
of a person who has been adjudicated delinquent for an
offense that if committed by an adult would be a felony if
an application for relief has been filed at least 10 years
after the adjudication of delinquency and the court
determines that the applicant should be granted relief from
disability to obtain a Certificate of Handgun
Registration. If the court grants relief, the court shall
notify the Department that the disability has been removed
and that the applicant is eligible to obtain a Certificate
of Handgun Registration.
(5) Any person who is prohibited from possessing a
handgun under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
federal Gun Control Act of 1968 may apply to the Department
of State Police requesting relief from the prohibition and
the Director shall grant this relief if it is established
to the Director's satisfaction that the person will not be
likely to act in a manner dangerous to public safety and
granting relief would not be contrary to the public
interest.

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(s) Notwithstanding any other provision of law, including
the Freedom of Information Act, it is the public policy of this
State that the names and information of persons who have
applied for or received Certificates of Handgun Registration
under this Section are considered private and shall not be
disclosed. No State or local law enforcement agency shall
provide the names and information of holders of or applicants
for Certificates of Handgun Registration, except that the
Department may provide confirmation that a person has or has
not been issued, applied for, or denied a Certificate of
Handgun Registration in connection with a criminal
investigation.
(t) The Department of State Police may perform its duties
under this Act through the Department's Firearm Owner's
Identification Card Office.
(u) Altered, forged or counterfeit Certificate of Handgun
Registration.
(1) Any person who forges or materially alters a
Certificate of Handgun Registration or who counterfeits a
Certificate of Handgun Registration commits a Class 2
felony.
(2) Any person who knowingly possesses a forged or
materially altered Certificate of Handgun Registration
with the intent to use it commits a Class 2 felony.
(3) A person who possesses a Certificate of Handgun
Registration with knowledge that it is counterfeit commits

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a Class 2 felony.
(v) Certificate of Handgun Registration and handgun
transfer violations.
(1) Any person who transports or possesses a handgun
without a current Certificate of Handgun Registration
commits a Class 2 felony.
(2) Any person who knowingly enters false or misleading
information or who submits false or misleading evidence in
connection with the application described in subsection
(c) of this Section commits a Class 2 felony.
(3) Any person who sells, transfers, or otherwise
disposes of his or her registered handgun and does not
notify the Department of that sale, transfer, or
disposition within the timelines in this Section commits a
Class A misdemeanor.
(4) Any federally licensed dealer who does not submit
an application on behalf of a purchaser in accordance with
subsection (k-5) of this Section commits a Class A
misdemeanor.
Section 800. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt

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from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office

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that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution

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chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and

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"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards or Certificates
of Handgun Registration under the Firearm Owners
Identification Card Act and the Family and Personal Protection
Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
eff. 1-1-13.)
Section 801. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-45 and 2605-120 as follows:

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(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested in
the Department by the Governor's Office of Management and
Budget Act.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested in
the Department by the Personnel Code.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the former Division of State Troopers by Section 17 of the
State Police Act.
(6) Exercise the rights, powers, and duties vested in
the Department by "An Act relating to internal auditing in
State government", approved August 11, 1967 (repealed; now
the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties vested in
the Department by the Firearm Owners Identification Card
Act and the Family and Personal Protection Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Department.

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(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
Sec. 2605-120. Firearm Owners Identification Card Act and
the Family and Personal Protection Act. To exercise the rights,
powers, and duties that have been vested in the Department of
Public Safety by the Firearm Owners Identification Card Act and
the Family and Personal Protection Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
Section 802. The Criminal Identification Act is amended by
changing Section 2.2 as follows:
(20 ILCS 2630/2.2)
Sec. 2.2. Notification to the Department. Upon judgment of
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the defendant has been determined, pursuant
to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
circuit court clerk shall include notification and a copy of
the written determination in a report of the conviction to the
Department of State Police Firearm Owner's Identification Card
Office to enable the office to perform its duties under

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Sections 4 and 8 of the Firearm Owners Identification Card Act
and Section 5 of the Family and Personal Protection Act and to
report that determination to the Federal Bureau of
Investigation to assist the Bureau in identifying persons
prohibited from purchasing and possessing a firearm pursuant to
the provisions of 18 U.S.C. 922. The written determination
described in this Section shall be included in the defendant's
record of arrest and conviction in the manner and form
prescribed by the Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 803. The State Finance Act is amended by adding
Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Handgun Certificate Administration Fund.
(30 ILCS 105/5.827 new)
Sec. 5.827. The National Instant Criminal Background Check
System Improvement Fund.
(30 ILCS 105/5.828 new)
Sec. 5.828. The Illinois LEADS Information and Technology
Improvement Fund.
(30 ILCS 105/6z-98 new)

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Sec. 6z-98. National Instant Criminal Background Check
System Improvement Fund.
(a) There is created in the State treasury a special fund
known as National Instant Criminal Background Check System
Improvement Fund. The Fund shall receive revenue under Section
5 of the Family and Personal Protection Act. The Fund may also
receive revenue from grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police shall use moneys in the
Fund to perform its duties and responsibilities under
subsection (e) of Section 3.1 of the Firearm Owners
Identification Card Act and Section 5 of the Family and
Personal Protection Act.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The Fund shall not be subject to administrative
chargebacks.
(30 ILCS 105/6z-99 new)
Sec. 6z-99. Illinois LEADS Information and Technology
Improvement Fund.
(a) There is created in the State treasury a special fund
known as the Illinois LEADS Information and Technology

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Improvement Fund. The Fund shall receive revenue under Section
5 of the Family and Personal Protection Act. The Fund may also
receive revenue from grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police shall use the moneys in
the Fund to update and improve the technology used for the Law
Enforcement Agencies Data System (LEADS) system. The Fund shall
also be used to support the Department's responsibilities in
managing background checks and public safety record-keeping.
(c) Moneys in the Fund shall also be used to fund grants
made available to local law enforcement to support their
technological infrastructure.
(d) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(e) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(f) The Fund shall not be subject to administrative
chargebacks.
Section 804. The Firearm Owners Identification Card Act is
amended by changing Sections 3 and 3.1 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,

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firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this Act. In addition, all
firearm, stun gun, and taser transfers by federally licensed
firearm dealers are subject to Section 3.1. In addition, the
transferor and transferee of a handgun shall be subject to
Section 5 of the Family and Personal Protection Act regardless
of whether the transferor is a federally licensed firearm
dealer.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
Whenever a person who is exempt from Section 5 of the Family
and Personal Protection Act transfers a handgun to a person who
is not exempt, the transferor shall notify the Department of
State Police of the transfer, on a form or in a manner
prescribed by the Department, within 10 days after the
transfer.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date

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of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number. On or after January 1, 2006, the record shall contain
the date of application for transfer of the firearm. On demand
of a peace officer such transferor shall produce for inspection
such record of transfer. If the transfer or sale took place at
a gun show, the record shall include the unique identification
number. Failure to record the unique identification number is a
petty offense.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
and either his or her Illinois driver's license or Illinois
State Identification Card prior to the shipment of the
ammunition. The ammunition may be shipped only to an address on
either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 97-1135, eff. 12-4-12.)

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(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.
(a) The Department of State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.
Fees collected by the Department of State Police shall be
deposited in the State Police Services Fund and used to provide
the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Department of State Police shall immediately approve, or within
the time period established by Section 24-3 of the Criminal
Code of 2012 regarding the delivery of firearms, stun guns, and
tasers notify the inquiring dealer, gun show promoter, or gun
show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun, or
taser. In conducting the inquiry, the Department of State
Police shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of

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the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the
Department of State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of State Police and the Department of
Human Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm

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pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files. The
Department of State Police shall implement a program to
distribute grant moneys, with funds appropriated for that
purpose, to units of local government to facilitate
participation in the National Instant Criminal Background
Check System by their enforcement agencies.
(f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 805. The Criminal Code of 2012 is amended by
changing Sections 24-1.1 and 24-3.4 as follows:
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the

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Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years and any second or subsequent violation
shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years. Violation of this Section by a
person not confined in a penal institution who has been
convicted of a forcible felony, a felony violation of Article
24 of this Code or of the Firearm Owners Identification Card
Act or of Section 5 of the Family and Personal Protection Act,
stalking or aggravated stalking, or a Class 2 or greater felony

09800HB1155ham038 - 28 - LRB098 08475 MRW 42941 a
under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community
Protection Act is a Class 2 felony for which the person shall
be sentenced to not less than 3 years and not more than 14
years. Violation of this Section by a person who is on parole
or mandatory supervised release is a Class 2 felony for which
the person shall be sentenced to not less than 3 years and not
more than 14 years. Violation of this Section by a person not
confined in a penal institution is a Class X felony when the
firearm possessed is a machine gun. Any person who violates
this Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class 1 felony, if he possesses any weapon prohibited
under Section 24-1 of this Code regardless of the intent with
which he possesses it, a Class X felony if he possesses any
firearm, firearm ammunition or explosive, and a Class X felony
for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is
a machine gun. A violation of this Section while wearing or in
possession of body armor as defined in Section 33F-1 is a Class
X felony punishable by a term of imprisonment of not less than
10 years and not more than 40 years. The possession of each
firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(Source: P.A. 97-237, eff. 1-1-12.)

09800HB1155ham038 - 29 - LRB098 08475 MRW 42941 a
(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license
to sell at retail any alcoholic liquor issued by the Illinois
Liquor Control Commission or local liquor control commissioner
under the Liquor Control Act of 1934 or an agent or employee of
the licensee to sell or deliver to any other person a firearm
in or on the real property of the establishment where the
licensee is licensed to sell alcoholic liquors unless the sale
or delivery of the firearm is otherwise lawful under this
Article and under the Firearm Owners Identification Card Act
and Section 5 of the Family and Personal Protection Act.
(b) Sentence. A violation of subsection (a) of this Section
is a Class 4 felony.
(Source: P.A. 87-591.)
Section 806. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:

09800HB1155ham038 - 30 - LRB098 08475 MRW 42941 a
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or

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national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the

09800HB1155ham038 - 32 - LRB098 08475 MRW 42941 a
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

09800HB1155ham038 - 33 - LRB098 08475 MRW 42941 a
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of

09800HB1155ham038 - 34 - LRB098 08475 MRW 42941 a
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act or Section 5 of the Family and
Personal Protection Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or Section 5 of the Family and Personal Protection Act
or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of

09800HB1155ham038 - 35 - LRB098 08475 MRW 42941 a
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child

09800HB1155ham038 - 36 - LRB098 08475 MRW 42941 a
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which

09800HB1155ham038 - 37 - LRB098 08475 MRW 42941 a
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit; or
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the United
States Postal Service.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after

09800HB1155ham038 - 38 - LRB098 08475 MRW 42941 a
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;

09800HB1155ham038 - 39 - LRB098 08475 MRW 42941 a
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or

09800HB1155ham038 - 40 - LRB098 08475 MRW 42941 a
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim

09800HB1155ham038 - 41 - LRB098 08475 MRW 42941 a
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

09800HB1155ham038 - 42 - LRB098 08475 MRW 42941 a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency

09800HB1155ham038 - 43 - LRB098 08475 MRW 42941 a
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
1-25-13.)".