103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3200
 
Introduced 2/6/2024, by Sen. Neil Anderson
 
SYNOPSIS AS INTRODUCED:

See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.


LRB103 39081 RLC 69219 b


 
 
A BILL FOR
 
SB3200LRB103 39081 RLC 69219 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 Open Meetings Act is amended by changing 
5Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings. 
8 (a) Openness required. All meetings of public bodies shall 
9be open to the public unless excepted in subsection (c) and 
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained 
12in subsection (c) are in derogation of the requirement that 
13public bodies meet in the open, and therefore, the exceptions 
14are to be strictly construed, extending only to subjects 
15clearly within their scope. The exceptions authorize but do 
16not require the holding of a closed meeting to discuss a 
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to 
19consider the following subjects:
20  (1) The appointment, employment, compensation, 
21 discipline, performance, or dismissal of specific 
22 employees, specific individuals who serve as independent 
23 contractors in a park, recreational, or educational 
 
 
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1 setting, or specific volunteers of the public body or 
2 legal counsel for the public body, including hearing 
3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance with this Act.
13  (2) Collective negotiating matters between the public 
14 body and its employees or their representatives, or 
15 deliberations concerning salary schedules for one or more 
16 classes of employees.
17  (3) The selection of a person to fill a public office, 
18 as defined in this Act, including a vacancy in a public 
19 office, when the public body is given power to appoint 
20 under law or ordinance, or the discipline, performance or 
21 removal of the occupant of a public office, when the 
22 public body is given power to remove the occupant under 
23 law or ordinance. 
24  (4) Evidence or testimony presented in open hearing, 
25 or in closed hearing where specifically authorized by law, 
26 to a quasi-adjudicative body, as defined in this Act, 
 
 
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1 provided that the body prepares and makes available for 
2 public inspection a written decision setting forth its 
3 determinative reasoning.
4  (4.5) Evidence or testimony presented to a school 
5 board regarding denial of admission to school events or 
6 property pursuant to Section 24-24 of the School Code, 
7 provided that the school board prepares and makes 
8 available for public inspection a written decision setting 
9 forth its determinative reasoning. 
10  (5) The purchase or lease of real property for the use 
11 of the public body, including meetings held for the 
12 purpose of discussing whether a particular parcel should 
13 be acquired.
14  (6) The setting of a price for sale or lease of 
15 property owned by the public body.
16  (7) The sale or purchase of securities, investments, 
17 or investment contracts. This exception shall not apply to 
18 the investment of assets or income of funds deposited into 
19 the Illinois Prepaid Tuition Trust Fund. 
20  (8) Security procedures, school building safety and 
21 security, and the use of personnel and equipment to 
22 respond to an actual, a threatened, or a reasonably 
23 potential danger to the safety of employees, students, 
24 staff, the public, or public property.
25  (9) Student disciplinary cases.
26  (10) The placement of individual students in special 
 
 
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1 education programs and other matters relating to 
2 individual students.
3  (11) Litigation, when an action against, affecting or 
4 on behalf of the particular public body has been filed and 
5 is pending before a court or administrative tribunal, or 
6 when the public body finds that an action is probable or 
7 imminent, in which case the basis for the finding shall be 
8 recorded and entered into the minutes of the closed 
9 meeting.
10  (12) The establishment of reserves or settlement of 
11 claims as provided in the Local Governmental and 
12 Governmental Employees Tort Immunity Act, if otherwise the 
13 disposition of a claim or potential claim might be 
14 prejudiced, or the review or discussion of claims, loss or 
15 risk management information, records, data, advice or 
16 communications from or with respect to any insurer of the 
17 public body or any intergovernmental risk management 
18 association or self insurance pool of which the public 
19 body is a member.
20  (13) Conciliation of complaints of discrimination in 
21 the sale or rental of housing, when closed meetings are 
22 authorized by the law or ordinance prescribing fair 
23 housing practices and creating a commission or 
24 administrative agency for their enforcement.
25  (14) Informant sources, the hiring or assignment of 
26 undercover personnel or equipment, or ongoing, prior or 
 
 
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1 future criminal investigations, when discussed by a public 
2 body with criminal investigatory responsibilities.
3  (15) Professional ethics or performance when 
4 considered by an advisory body appointed to advise a 
5 licensing or regulatory agency on matters germane to the 
6 advisory body's field of competence.
7  (16) Self evaluation, practices and procedures or 
8 professional ethics, when meeting with a representative of 
9 a statewide association of which the public body is a 
10 member.
11  (17) The recruitment, credentialing, discipline or 
12 formal peer review of physicians or other health care 
13 professionals, or for the discussion of matters protected 
14 under the federal Patient Safety and Quality Improvement 
15 Act of 2005, and the regulations promulgated thereunder, 
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
17 Health Insurance Portability and Accountability Act of 
18 1996, and the regulations promulgated thereunder, 
19 including 45 C.F.R. Parts 160, 162, and 164, by a 
20 hospital, or other institution providing medical care, 
21 that is operated by the public body.
22  (18) Deliberations for decisions of the Prisoner 
23 Review Board.
24  (19) Review or discussion of applications received 
25 under the Experimental Organ Transplantation Procedures 
26 Act.
 
 
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1  (20) The classification and discussion of matters 
2 classified as confidential or continued confidential by 
3 the State Government Suggestion Award Board.
4  (21) Discussion of minutes of meetings lawfully closed 
5 under this Act, whether for purposes of approval by the 
6 body of the minutes or semi-annual review of the minutes 
7 as mandated by Section 2.06.
8  (22) Deliberations for decisions of the State 
9 Emergency Medical Services Disciplinary Review Board.
10  (23) The operation by a municipality of a municipal 
11 utility or the operation of a municipal power agency or 
12 municipal natural gas agency when the discussion involves 
13 (i) contracts relating to the purchase, sale, or delivery 
14 of electricity or natural gas or (ii) the results or 
15 conclusions of load forecast studies.
16  (24) Meetings of a residential health care facility 
17 resident sexual assault and death review team or the 
18 Executive Council under the Abuse Prevention Review Team 
19 Act.
20  (25) Meetings of an independent team of experts under 
21 Brian's Law. 
22  (26) Meetings of a mortality review team appointed 
23 under the Department of Juvenile Justice Mortality Review 
24 Team Act. 
25  (27) (Blank). 
26  (28) Correspondence and records (i) that may not be 
 
 
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1 disclosed under Section 11-9 of the Illinois Public Aid 
2 Code or (ii) that pertain to appeals under Section 11-8 of 
3 the Illinois Public Aid Code. 
4  (29) Meetings between internal or external auditors 
5 and governmental audit committees, finance committees, and 
6 their equivalents, when the discussion involves internal 
7 control weaknesses, identification of potential fraud risk 
8 areas, known or suspected frauds, and fraud interviews 
9 conducted in accordance with generally accepted auditing 
10 standards of the United States of America.
11  (30) Those meetings or portions of meetings of a 
12 fatality review team or the Illinois Fatality Review Team 
13 Advisory Council during which a review of the death of an 
14 eligible adult in which abuse or neglect is suspected, 
15 alleged, or substantiated is conducted pursuant to Section 
16 15 of the Adult Protective Services Act. 
17  (31) Meetings and deliberations for decisions of the 
18 Concealed Carry Licensing Review Board under the Firearm 
19 Concealed Carry Act. 
20  (32) Meetings between the Regional Transportation 
21 Authority Board and its Service Boards when the discussion 
22 involves review by the Regional Transportation Authority 
23 Board of employment contracts under Section 28d of the 
24 Metropolitan Transit Authority Act and Sections 3A.18 and 
25 3B.26 of the Regional Transportation Authority Act.
26  (33) Those meetings or portions of meetings of the 
 
 
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1 advisory committee and peer review subcommittee created 
2 under Section 320 of the Illinois Controlled Substances 
3 Act during which specific controlled substance prescriber, 
4 dispenser, or patient information is discussed.
5  (34) Meetings of the Tax Increment Financing Reform 
6 Task Force under Section 2505-800 of the Department of 
7 Revenue Law of the Civil Administrative Code of Illinois. 
8  (35) Meetings of the group established to discuss 
9 Medicaid capitation rates under Section 5-30.8 of the 
10 Illinois Public Aid Code. 
11  (36) Those deliberations or portions of deliberations 
12 for decisions of the Illinois Gaming Board in which there 
13 is discussed any of the following: (i) personal, 
14 commercial, financial, or other information obtained from 
15 any source that is privileged, proprietary, confidential, 
16 or a trade secret; or (ii) information specifically 
17 exempted from the disclosure by federal or State law.
18  (37) Deliberations for decisions of the Illinois Law 
19 Enforcement Training Standards Board, the Certification 
20 Review Panel, and the Illinois State Police Merit Board 
21 regarding certification and decertification. 
22  (38) Meetings of the Ad Hoc Statewide Domestic 
23 Violence Fatality Review Committee of the Illinois 
24 Criminal Justice Information Authority Board that occur in 
25 closed executive session under subsection (d) of Section 
26 35 of the Domestic Violence Fatality Review Act. 
 
 
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1  (39) Meetings of the regional review teams under 
2 subsection (a) of Section 75 of the Domestic Violence 
3 Fatality Review Act. 
4  (40) Meetings of the Firearm Owner's Identification 
5 Card Review Board under Section 10 of the Firearm Owners 
6 Identification Card Act before the effective date of this 
7 amendatory Act of the 103rd General Assembly. 
8 (d) Definitions. For purposes of this Section:
9 "Employee" means a person employed by a public body whose 
10relationship with the public body constitutes an 
11employer-employee relationship under the usual common law 
12rules, and who is not an independent contractor.
13 "Public office" means a position created by or under the 
14Constitution or laws of this State, the occupant of which is 
15charged with the exercise of some portion of the sovereign 
16power of this State. The term "public office" shall include 
17members of the public body, but it shall not include 
18organizational positions filled by members thereof, whether 
19established by law or by a public body itself, that exist to 
20assist the body in the conduct of its business.
21 "Quasi-adjudicative body" means an administrative body 
22charged by law or ordinance with the responsibility to conduct 
23hearings, receive evidence or testimony and make 
24determinations based thereon, but does not include local 
25electoral boards when such bodies are considering petition 
26challenges.
 
 
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1 (e) Final action. No final action may be taken at a closed 
2meeting. Final action shall be preceded by a public recital of 
3the nature of the matter being considered and other 
4information that will inform the public of the business being 
5conducted. 
6(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 
87-28-23.)

9 Section 10. The Freedom of Information Act is amended by 
10changing Section 7.5 as follows:

11 (5 ILCS 140/7.5)
12 (Text of Section before amendment by P.A. 103-472)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be 
15exempt from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
23 records received by the Experimental Organ Transplantation 
24 Procedures Board and any and all documents or other 
 
 
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1 records prepared by the Experimental Organ Transplantation 
2 Procedures Board or its staff relating to applications it 
3 has received.
4  (d) Information and records held by the Department of 
5 Public Health and its authorized representatives relating 
6 to known or suspected cases of sexually transmissible 
7 disease or any information the disclosure of which is 
8 restricted under the Illinois Sexually Transmissible 
9 Disease Control Act.
10  (e) Information the disclosure of which is exempted 
11 under Section 30 of the Radon Industry Licensing Act.
12  (f) Firm performance evaluations under Section 55 of 
13 the Architectural, Engineering, and Land Surveying 
14 Qualifications Based Selection Act.
15  (g) Information the disclosure of which is restricted 
16 and exempted under Section 50 of the Illinois Prepaid 
17 Tuition Act.
18  (h) Information the disclosure of which is exempted 
19 under the State Officials and Employees Ethics Act, and 
20 records of any lawfully created State or local inspector 
21 general's office that would be exempt if created or 
22 obtained by an Executive Inspector General's office under 
23 that Act.
24  (i) Information contained in a local emergency energy 
25 plan submitted to a municipality in accordance with a 
26 local emergency energy plan ordinance that is adopted 
 
 
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1 under Section 11-21.5-5 of the Illinois Municipal Code.
2  (j) Information and data concerning the distribution 
3 of surcharge moneys collected and remitted by carriers 
4 under the Emergency Telephone System Act.
5  (k) Law enforcement officer identification information 
6 or driver identification information compiled by a law 
7 enforcement agency or the Department of Transportation 
8 under Section 11-212 of the Illinois Vehicle Code.
9  (l) Records and information provided to a residential 
10 health care facility resident sexual assault and death 
11 review team or the Executive Council under the Abuse 
12 Prevention Review Team Act.
13  (m) Information provided to the predatory lending 
14 database created pursuant to Article 3 of the Residential 
15 Real Property Disclosure Act, except to the extent 
16 authorized under that Article.
17  (n) Defense budgets and petitions for certification of 
18 compensation and expenses for court appointed trial 
19 counsel as provided under Sections 10 and 15 of the 
20 Capital Crimes Litigation Act (repealed). This subsection 
21 (n) shall apply until the conclusion of the trial of the 
22 case, even if the prosecution chooses not to pursue the 
23 death penalty prior to trial or sentencing.
24  (o) Information that is prohibited from being 
25 disclosed under Section 4 of the Illinois Health and 
26 Hazardous Substances Registry Act.
 
 
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1  (p) Security portions of system safety program plans, 
2 investigation reports, surveys, schedules, lists, data, or 
3 information compiled, collected, or prepared by or for the 
4 Department of Transportation under Sections 2705-300 and 
5 2705-616 of the Department of Transportation Law of the 
6 Civil Administrative Code of Illinois, the Regional 
7 Transportation Authority under Section 2.11 of the 
8 Regional Transportation Authority Act, or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act (repealed). 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 
17  (t) (Blank). 
18  (u) Records and information provided to an independent 
19 team of experts under the Developmental Disability and 
20 Mental Health Safety Act (also known as Brian's Law). 
21  (v) Names and information of people who have applied 
22 for or received Firearm Owner's Identification Cards under 
23 the Firearm Owners Identification Card Act before the 
24 effective date of this amendatory Act of the 103rd General 
25 Assembly or applied for or received a concealed carry 
26 license under the Firearm Concealed Carry Act, unless 
 
 
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1 otherwise authorized by the Firearm Concealed Carry Act; 
2 and databases under the Firearm Concealed Carry Act, 
3 records of the Concealed Carry Licensing Review Board 
4 under the Firearm Concealed Carry Act, and law enforcement 
5 agency objections under the Firearm Concealed Carry Act. 
6  (v-5) Records of the Firearm Owner's Identification 
7 Card Review Board that were are exempted from disclosure 
8 under Section 10 of the Firearm Owners Identification Card 
9 Act before the effective date of this amendatory Act of 
10 the 103rd General Assembly.
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 
23 an 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 
 
 
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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) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day 
 
 
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1 and temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) Information that is exempt from disclosure under 
12 Section 70 of the Higher Education Student Assistance Act. 
13  (oo) Communications, notes, records, and reports 
14 arising out of a peer support counseling session 
15 prohibited from disclosure under the First Responders 
16 Suicide Prevention Act. 
17  (pp) Names and all identifying information relating to 
18 an employee of an emergency services provider or law 
19 enforcement agency under the First Responders Suicide 
20 Prevention Act. 
21  (qq) Information and records held by the Department of 
22 Public Health and its authorized representatives collected 
23 under the Reproductive Health Act. 
24  (rr) Information that is exempt from disclosure under 
25 the Cannabis Regulation and Tax Act. 
26  (ss) Data reported by an employer to the Department of 
 
 
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1 Human Rights pursuant to Section 2-108 of the Illinois 
2 Human Rights Act.
3  (tt) Recordings made under the Children's Advocacy 
4 Center Act, except to the extent authorized under that 
5 Act. 
6  (uu) Information that is exempt from disclosure under 
7 Section 50 of the Sexual Assault Evidence Submission Act. 
8  (vv) Information that is exempt from disclosure under 
9 subsections (f) and (j) of Section 5-36 of the Illinois 
10 Public Aid Code. 
11  (ww) Information that is exempt from disclosure under 
12 Section 16.8 of the State Treasurer Act. 
13  (xx) Information that is exempt from disclosure or 
14 information that shall not be made public under the 
15 Illinois Insurance Code. 
16  (yy) Information prohibited from being disclosed under 
17 the Illinois Educational Labor Relations Act.
18  (zz) Information prohibited from being disclosed under 
19 the Illinois Public Labor Relations Act. 
20  (aaa) Information prohibited from being disclosed 
21 under Section 1-167 of the Illinois Pension Code. 
22  (bbb) Information that is prohibited from disclosure 
23 by the Illinois Police Training Act and the Illinois State 
24 Police Act. 
25  (ccc) Records exempt from disclosure under Section 
26 2605-304 of the Illinois State Police Law of the Civil 
 
 
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1 Administrative Code of Illinois. 
2  (ddd) Information prohibited from being disclosed 
3 under Section 35 of the Address Confidentiality for 
4 Victims of Domestic Violence, Sexual Assault, Human 
5 Trafficking, or Stalking Act. 
6  (eee) Information prohibited from being disclosed 
7 under subsection (b) of Section 75 of the Domestic 
8 Violence Fatality Review Act. 
9  (fff) Images from cameras under the Expressway Camera 
10 Act. This subsection (fff) is inoperative on and after 
11 July 1, 2025. 
12  (ggg) Information prohibited from disclosure under 
13 paragraph (3) of subsection (a) of Section 14 of the Nurse 
14 Agency Licensing Act. 
15  (hhh) Information submitted to the Illinois State 
16 Police in an affidavit or application for an assault 
17 weapon endorsement, assault weapon attachment endorsement, 
18 .50 caliber rifle endorsement, or .50 caliber cartridge 
19 endorsement under the Firearm Owners Identification Card 
20 Act. 
21  (iii) Data exempt from disclosure under Section 50 of 
22 the School Safety Drill Act. 
23  (jjj) (hhh) Information exempt from disclosure under 
24 Section 30 of the Insurance Data Security Law. 
25  (kkk) (iii) Confidential business information 
26 prohibited from disclosure under Section 45 of the Paint 
 
 
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1 Stewardship Act. 
2  (lll) (Reserved). 
3  (mmm) (iii) Information prohibited from being 
4 disclosed under subsection (e) of Section 1-129 of the 
5 Illinois Power Agency Act. 
6(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
7102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
88-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
9102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
106-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
11eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
12revised 1-2-24.)

13 (Text of Section after amendment by P.A. 103-472)
14 Sec. 7.5. Statutory exemptions. To the extent provided for 
15by the statutes referenced below, the following shall be 
16exempt from inspection and copying:
17  (a) All information determined to be confidential 
18 under Section 4002 of the Technology Advancement and 
19 Development Act.
20  (b) Library circulation and order records identifying 
21 library users with specific materials under the Library 
22 Records Confidentiality Act.
23  (c) Applications, related documents, and medical 
24 records received by the Experimental Organ Transplantation 
25 Procedures Board and any and all documents or other 
 
 
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1 records prepared by the Experimental Organ Transplantation 
2 Procedures Board or its staff relating to applications it 
3 has received.
4  (d) Information and records held by the Department of 
5 Public Health and its authorized representatives relating 
6 to known or suspected cases of sexually transmissible 
7 disease or any information the disclosure of which is 
8 restricted under the Illinois Sexually Transmissible 
9 Disease Control Act.
10  (e) Information the disclosure of which is exempted 
11 under Section 30 of the Radon Industry Licensing Act.
12  (f) Firm performance evaluations under Section 55 of 
13 the Architectural, Engineering, and Land Surveying 
14 Qualifications Based Selection Act.
15  (g) Information the disclosure of which is restricted 
16 and exempted under Section 50 of the Illinois Prepaid 
17 Tuition Act.
18  (h) Information the disclosure of which is exempted 
19 under the State Officials and Employees Ethics Act, and 
20 records of any lawfully created State or local inspector 
21 general's office that would be exempt if created or 
22 obtained by an Executive Inspector General's office under 
23 that Act.
24  (i) Information contained in a local emergency energy 
25 plan submitted to a municipality in accordance with a 
26 local emergency energy plan ordinance that is adopted 
 
 
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1 under Section 11-21.5-5 of the Illinois Municipal Code.
2  (j) Information and data concerning the distribution 
3 of surcharge moneys collected and remitted by carriers 
4 under the Emergency Telephone System Act.
5  (k) Law enforcement officer identification information 
6 or driver identification information compiled by a law 
7 enforcement agency or the Department of Transportation 
8 under Section 11-212 of the Illinois Vehicle Code.
9  (l) Records and information provided to a residential 
10 health care facility resident sexual assault and death 
11 review team or the Executive Council under the Abuse 
12 Prevention Review Team Act.
13  (m) Information provided to the predatory lending 
14 database created pursuant to Article 3 of the Residential 
15 Real Property Disclosure Act, except to the extent 
16 authorized under that Article.
17  (n) Defense budgets and petitions for certification of 
18 compensation and expenses for court appointed trial 
19 counsel as provided under Sections 10 and 15 of the 
20 Capital Crimes Litigation Act (repealed). This subsection 
21 (n) shall apply until the conclusion of the trial of the 
22 case, even if the prosecution chooses not to pursue the 
23 death penalty prior to trial or sentencing.
24  (o) Information that is prohibited from being 
25 disclosed under Section 4 of the Illinois Health and 
26 Hazardous Substances Registry Act.
 
 
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1  (p) Security portions of system safety program plans, 
2 investigation reports, surveys, schedules, lists, data, or 
3 information compiled, collected, or prepared by or for the 
4 Department of Transportation under Sections 2705-300 and 
5 2705-616 of the Department of Transportation Law of the 
6 Civil Administrative Code of Illinois, the Regional 
7 Transportation Authority under Section 2.11 of the 
8 Regional Transportation Authority Act, or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act (repealed). 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 
17  (t) (Blank). 
18  (u) Records and information provided to an independent 
19 team of experts under the Developmental Disability and 
20 Mental Health Safety Act (also known as Brian's Law). 
21  (v) Names and information of people who have applied 
22 for or received Firearm Owner's Identification Cards under 
23 the Firearm Owners Identification Card Act before the 
24 effective date of this amendatory Act of the 103rd General 
25 Assembly or applied for or received a concealed carry 
26 license under the Firearm Concealed Carry Act, unless 
 
 
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1 otherwise authorized by the Firearm Concealed Carry Act; 
2 and databases under the Firearm Concealed Carry Act, 
3 records of the Concealed Carry Licensing Review Board 
4 under the Firearm Concealed Carry Act, and law enforcement 
5 agency objections under the Firearm Concealed Carry Act. 
6  (v-5) Records of the Firearm Owner's Identification 
7 Card Review Board that were are exempted from disclosure 
8 under Section 10 of the Firearm Owners Identification Card 
9 Act before the effective date of this amendatory Act of 
10 the 103rd General Assembly.
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 
23 an 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 
 
 
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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) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day 
 
 
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1 and temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) Information that is exempt from disclosure under 
12 Section 70 of the Higher Education Student Assistance Act. 
13  (oo) Communications, notes, records, and reports 
14 arising out of a peer support counseling session 
15 prohibited from disclosure under the First Responders 
16 Suicide Prevention Act. 
17  (pp) Names and all identifying information relating to 
18 an employee of an emergency services provider or law 
19 enforcement agency under the First Responders Suicide 
20 Prevention Act. 
21  (qq) Information and records held by the Department of 
22 Public Health and its authorized representatives collected 
23 under the Reproductive Health Act. 
24  (rr) Information that is exempt from disclosure under 
25 the Cannabis Regulation and Tax Act. 
26  (ss) Data reported by an employer to the Department of 
 
 
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1 Human Rights pursuant to Section 2-108 of the Illinois 
2 Human Rights Act.
3  (tt) Recordings made under the Children's Advocacy 
4 Center Act, except to the extent authorized under that 
5 Act. 
6  (uu) Information that is exempt from disclosure under 
7 Section 50 of the Sexual Assault Evidence Submission Act. 
8  (vv) Information that is exempt from disclosure under 
9 subsections (f) and (j) of Section 5-36 of the Illinois 
10 Public Aid Code. 
11  (ww) Information that is exempt from disclosure under 
12 Section 16.8 of the State Treasurer Act. 
13  (xx) Information that is exempt from disclosure or 
14 information that shall not be made public under the 
15 Illinois Insurance Code. 
16  (yy) Information prohibited from being disclosed under 
17 the Illinois Educational Labor Relations Act.
18  (zz) Information prohibited from being disclosed under 
19 the Illinois Public Labor Relations Act. 
20  (aaa) Information prohibited from being disclosed 
21 under Section 1-167 of the Illinois Pension Code. 
22  (bbb) Information that is prohibited from disclosure 
23 by the Illinois Police Training Act and the Illinois State 
24 Police Act. 
25  (ccc) Records exempt from disclosure under Section 
26 2605-304 of the Illinois State Police Law of the Civil 
 
 
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1 Administrative Code of Illinois. 
2  (ddd) Information prohibited from being disclosed 
3 under Section 35 of the Address Confidentiality for 
4 Victims of Domestic Violence, Sexual Assault, Human 
5 Trafficking, or Stalking Act. 
6  (eee) Information prohibited from being disclosed 
7 under subsection (b) of Section 75 of the Domestic 
8 Violence Fatality Review Act. 
9  (fff) Images from cameras under the Expressway Camera 
10 Act. This subsection (fff) is inoperative on and after 
11 July 1, 2025. 
12  (ggg) Information prohibited from disclosure under 
13 paragraph (3) of subsection (a) of Section 14 of the Nurse 
14 Agency Licensing Act. 
15  (hhh) Information submitted to the Illinois State 
16 Police in an affidavit or application for an assault 
17 weapon endorsement, assault weapon attachment endorsement, 
18 .50 caliber rifle endorsement, or .50 caliber cartridge 
19 endorsement under the Firearm Owners Identification Card 
20 Act. 
21  (iii) Data exempt from disclosure under Section 50 of 
22 the School Safety Drill Act. 
23  (jjj) (hhh) Information exempt from disclosure under 
24 Section 30 of the Insurance Data Security Law. 
25  (kkk) (iii) Confidential business information 
26 prohibited from disclosure under Section 45 of the Paint 
 
 
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1 Stewardship Act. 
2  (lll) (iii) Data exempt from disclosure under Section 
3 2-3.196 of the School Code. 
4  (mmm) (iii) Information prohibited from being 
5 disclosed under subsection (e) of Section 1-129 of the 
6 Illinois Power Agency Act. 
7(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
8102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
98-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
10102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
116-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
12eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
13103-580, eff. 12-8-23; revised 1-2-24.)

14 Section 15. The Illinois TRUST Act is amended by changing 
15Section 15 as follows:

16 (5 ILCS 805/15)
17 Sec. 15. Prohibition on enforcing federal civil 
18immigration laws.  
19 (a) A law enforcement agency or law enforcement official 
20shall not detain or continue to detain any individual solely 
21on the basis of any immigration detainer or civil immigration 
22warrant or otherwise comply with an immigration detainer or 
23civil immigration warrant.
24 (b) A law enforcement agency or law enforcement official 
 
 
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1shall not stop, arrest, search, detain, or continue to detain 
2a person solely based on an individual's citizenship or 
3immigration status.
4 (c) (Blank).
5 (d) A law enforcement agency or law enforcement official 
6acting in good faith in compliance with this Section who 
7releases a person subject to an immigration detainer or civil 
8immigration warrant shall have immunity from any civil or 
9criminal liability that might otherwise occur as a result of 
10making the release, with the exception of willful or wanton 
11misconduct.
12 (e) A law enforcement agency or law enforcement official 
13may not inquire about or investigate the citizenship or 
14immigration status or place of birth of any individual in the 
15agency or official's custody or who has otherwise been stopped 
16or detained by the agency or official. Nothing in this 
17subsection shall be construed to limit the ability of a law 
18enforcement agency or law enforcement official, pursuant to 
19State or federal law, to notify a person in the law enforcement 
20agency's custody about that person's right to communicate with 
21consular officers from that person's country of nationality, 
22or facilitate such communication, in accordance with the 
23Vienna Convention on Consular Relations or other bilateral 
24agreements. Nothing in this subsection shall be construed to 
25limit the ability of a law enforcement agency or law 
26enforcement official to request evidence of citizenship or 
 
 
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1immigration status pursuant to the Firearm Owners 
2Identification Card Act, the Firearm Concealed Carry Act, 
3Article 24 of the Criminal Code of 2012, or 18 United States 
4Code Sections 921 through 931.
5 (f) Unless otherwise limited by federal law, a law 
6enforcement agency or law enforcement official may not deny 
7services, benefits, privileges, or opportunities to an 
8individual in custody or under probation status, including, 
9but not limited to, eligibility for or placement in a lower 
10custody classification, educational, rehabilitative, or 
11diversionary programs, on the basis of the individual's 
12citizenship or immigration status, the issuance of an 
13immigration detainer or civil immigration warrant against the 
14individual, or the individual being in immigration removal 
15proceedings.
16 (g)(1) No law enforcement agency, law enforcement 
17official, or any unit of State or local government may enter 
18into or renew any contract, intergovernmental service 
19agreement, or any other agreement to house or detain 
20individuals for federal civil immigration violations.
21 (2) Any law enforcement agency, law enforcement official, 
22or unit of State or local government with an existing 
23contract, intergovernmental agreement, or other agreement, 
24whether in whole or in part, that is utilized to house or 
25detain individuals for civil immigration violations shall 
26exercise the termination provision in the agreement as applied 
 
 
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1to housing or detaining individuals for civil immigration 
2violations no later than January 1, 2022.
3 (h) Unless presented with a federal criminal warrant, or 
4otherwise required by federal law, a law enforcement agency or 
5official may not:
6  (1) participate, support, or assist in any capacity 
7 with an immigration agent's enforcement operations, 
8 including any collateral assistance such as coordinating 
9 an arrest in a courthouse or other public facility, 
10 providing use of any equipment, transporting any 
11 individuals, or establishing a security or traffic 
12 perimeter surrounding such operations, or any other 
13 on-site support;
14  (2) give any immigration agent access, including by 
15 telephone, to any individual who is in that agency's 
16 custody;
17  (3) transfer any person into an immigration agent's 
18 custody;
19  (4) permit immigration agents use of agency facilities 
20 or equipment, including any agency electronic databases 
21 not available to the public, for investigative interviews 
22 or other investigative or immigration enforcement purpose;
23  (5) enter into or maintain any agreement regarding 
24 direct access to any electronic database or other 
25 data-sharing platform maintained by any law enforcement 
26 agency, or otherwise provide such direct access to the 
 
 
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1 U.S. Immigration and Customs Enforcement, United States 
2 Customs and Border Protection or any other federal entity 
3 enforcing civil immigration violations;
4  (6) provide information in response to any immigration 
5 agent's inquiry or request for information regarding any 
6 individual in the agency's custody; or
7  (7) provide to any immigration agent information not 
8 otherwise available to the public relating to an 
9 individual's release or contact information, or otherwise 
10 facilitate for an immigration agent to apprehend or 
11 question an individual for immigration enforcement.
12 (i) Nothing in this Section shall preclude a law 
13enforcement official from otherwise executing that official's 
14duties in investigating violations of criminal law and 
15cooperating in such investigations with federal and other law 
16enforcement agencies (including criminal investigations 
17conducted by federal Homeland Security Investigations (HSI)) 
18in order to ensure public safety. 
19(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

20 Section 20. The Gun Trafficking Information Act is amended 
21by changing Section 10-5 as follows:

22 (5 ILCS 830/10-5)
23 Sec. 10-5. Gun trafficking information. 
24 (a) The Illinois State Police shall use all reasonable 
 
 
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1efforts, as allowed by State law and regulations, federal law 
2and regulations, and executed Memoranda of Understanding 
3between Illinois law enforcement agencies and the U.S. Bureau 
4of Alcohol, Tobacco, Firearms and Explosives, in making 
5publicly available, on a regular and ongoing basis, key 
6information related to firearms used in the commission of 
7crimes in this State, including, but not limited to: reports 
8on crimes committed with firearms, locations where the crimes 
9occurred, the number of persons killed or injured in the 
10commission of the crimes, the state where the firearms used 
11originated, the Federal Firearms Licensee that sold the 
12firearm, the type of firearms used, if known, annual 
13statistical information concerning Firearm Owner's 
14Identification Card and concealed carry license applications, 
15revocations, and compliance with Section 9.5 of the Firearm 
16Owners Identification Card Act, the information required in 
17the report or on the Illinois State Police's website under 
18Section 85 of the Firearms Restraining Order Act, and firearm 
19dealer license certification inspections. The Illinois State 
20Police shall make the information available on its website, 
21which may be presented in a dashboard format, in addition to 
22electronically filing a report with the Governor and the 
23General Assembly. The report to the General Assembly shall be 
24filed with the Clerk of the House of Representatives and the 
25Secretary of the Senate in electronic form only, in the manner 
26that the Clerk and the Secretary shall direct. 
 
 
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1 (b) (Blank). The Illinois State Police shall study, on a 
2regular and ongoing basis, and compile reports on the number 
3of Firearm Owner's Identification Card checks to determine 
4firearms trafficking or straw purchase patterns. The Illinois 
5State Police shall, to the extent not inconsistent with law, 
6share such reports and underlying data with academic centers, 
7foundations, and law enforcement agencies studying firearms 
8trafficking, provided that personally identifying information 
9is protected. For purposes of this subsection (b), a Firearm 
10Owner's Identification Card number is not personally 
11identifying information, provided that no other personal 
12information of the card holder is attached to the record. The 
13Illinois State Police may create and attach an alternate 
14unique identifying number to each Firearm Owner's 
15Identification Card number, instead of releasing the Firearm 
16Owner's Identification Card number itself.
17 (c) Each department, office, division, and agency of this 
18State shall, to the extent not inconsistent with law, 
19cooperate fully with the Illinois State Police and furnish the 
20Illinois State Police with all relevant information and 
21assistance on a timely basis as is necessary to accomplish the 
22purpose of this Act. The Illinois Criminal Justice Information 
23Authority shall submit the information required in subsection 
24(a) of this Section to the Illinois State Police, and any other 
25information as the Illinois State Police may request, to 
26assist the Illinois State Police in carrying out its duties 
 
 
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1under this Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
3102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

4 Section 25. The First Responders Suicide Prevention Act is 
5amended by changing Section 40 as follows:

6 (5 ILCS 840/40)
7 Sec. 40. Task Force recommendations.
8 (a) Task Force members shall recommend that agencies and 
9organizations guarantee access to mental health and wellness 
10services, including, but not limited to, peer support programs 
11and providing ongoing education related to the ever-evolving 
12concept of mental health wellness. These recommendations could 
13be accomplished by:
14  (1) Revising agencies' and organizations' employee 
15 assistance programs (EAPs).
16  (2) Urging health care providers to replace outdated 
17 healthcare plans and include more progressive options 
18 catering to the needs and disproportionate risks 
19 shouldered by our first responders.
20  (3) Allocating funding or resources for public service 
21 announcements (PSA) and messaging campaigns aimed at 
22 raising awareness of available assistance options.
23  (4) Encouraging agencies and organizations to attach 
24 lists of all available resources to training manuals and 
 
 
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1 continuing education requirements. 
2 (b) Task Force members shall recommend agencies and 
3organizations sponsor or facilitate first responders with 
4specialized training in the areas of psychological fitness, 
5depressive disorders, early detection, and mitigation best 
6practices. Such trainings could be accomplished by:
7  (1) Assigning, appointing, or designating one member 
8 of an agency or organization to attend specialized 
9 training(s) sponsored by an accredited agency, 
10 association, or organization recognized in their fields of 
11 study.
12  (2) Seeking sponsorships or conducting fund-raisers, 
13 to host annual or semiannual on-site visits from qualified 
14 clinicians or physicians to provide early detection 
15 training techniques, or to provide regular access to 
16 mental health professionals.
17  (3) Requiring a minimum number of hours of disorders 
18 and wellness training be incorporated into reoccurring, 
19 annual or biannual training standards, examinations, and 
20 curriculums, taking into close consideration respective 
21 agency or organization size, frequency, and number of all 
22 current federal and state mandatory examinations and 
23 trainings expected respectively.
24  (4) Not underestimating the crucial importance of a 
25 balanced diet, sleep, mindfulness-based stress reduction 
26 techniques, moderate and vigorous intensity activities, 
 
 
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1 and recreational hobbies, which have been scientifically 
2 proven to play a major role in brain health and mental 
3 wellness. 
4 (c) Task Force members shall recommend that administrators 
5and leadership personnel solicit training services from 
6evidence-based, data driven organizations. Organizations with 
7personnel trained on the analytical review and interpretation 
8of specific fields related to the nature of first responders' 
9exploits, such as PTSD, substance abuse, chronic state of 
10duress. Task Force members shall further recommend funding for 
11expansion and messaging campaigns of preliminary 
12self-diagnosing technologies like the one described above. 
13These objectives could be met by:
14  (1) Contacting an accredited agency, association, or 
15 organization recognized in the field or fields of specific 
16 study. Unbeknownst to the majority, many of the agencies 
17 and organizations listed above receive grants and 
18 allocations to assist communities with the very issues 
19 being discussed in this Section.
20  (2) Normalizing help-seeking behaviors for both first 
21 responders and their families through regular messaging 
22 and peer support outreach, beginning with academy 
23 curricula and continuing education throughout individuals' 
24 careers.
25  (3) Funding and implementing PSA campaigns that 
26 provide clear and concise calls to action about mental 
 
 
SB3200- 38 -LRB103 39081 RLC 69219 b


1 health and wellness, resiliency, help-seeking, treatment, 
2 and recovery.
3  (4) Promoting and raising awareness of not-for-profit 
4 organizations currently available to assist individuals in 
5 search of care and treatment. Organizations have intuitive 
6 user-friendly sites, most of which have mobile 
7 applications, so first responders can access at a moment's 
8 notice. However, because of limited funds, these 
9 organizations have a challenging time of getting the word 
10 out there about their existence.
11  (5) Expanding Family and Medical Leave Act protections 
12 for individuals voluntarily seeking preventative 
13 treatment.
14  (6) Promoting and ensuring complete patient 
15 confidentiality protections. 
16 (d) Task Force members shall recommend that agencies and 
17organizations incorporate the following training components 
18into already existing modules and educational curriculums. 
19Doing so could be done by:
20  (1) Bolstering academy and school curricula by 
21 requiring depressive disorder training catered to PTSD, 
22 substance abuse, and early detection techniques training, 
23 taking into close consideration respective agency or 
24 organization size, and the frequency and number of all 
25 current federal and state mandatory examinations and 
26 trainings expected respectively.
 
 
SB3200- 39 -LRB103 39081 RLC 69219 b


1  (2) Continuing to allocate or match federal and state 
2 funds to maintain Mobile Training Units (MTUs). 
3  (3) Incorporating a state certificate for peer support 
4 training into already existing exiting statewide 
5 curriculums and mandatory examinations, annual State Fire 
6 Marshal examinations, and physical fitness examinations. 
7 The subject matter of the certificate should have an 
8 emphasis on mental health and wellness, as well as 
9 familiarization with topics ranging from clinical social 
10 work, clinical psychology, clinical behaviorist, and 
11 clinical psychiatry.
12  (4) Incorporating and performing statewide mental 
13 health check-ins during the same times as already mandated 
14 trainings. These checks are not to be compared or used as 
15 measures of fitness for duty evaluations or structured 
16 psychological examinations.
17  (5) Recommending comprehensive and evidence-based 
18 training on the importance of preventative measures on the 
19 topics of sleep, nutrition, mindfulness, and physical 
20 movement.
21  (6) (Blank). Law enforcement agencies should provide 
22 training on the Firearm Owner's Identification Card Act, 
23 including seeking relief from the Illinois State Police 
24 under Section 10 of the Firearm Owners Identification Card 
25 Act and a FOID card being a continued condition of 
26 employment under Section 7.2 of the Uniform Peace 
 
 
SB3200- 40 -LRB103 39081 RLC 69219 b


1 Officers' Disciplinary Act. 
2(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; 
3revised 1-20-24.)

4 Section 30. The Department of Natural Resources 
5(Conservation) Law of the Civil Administrative Code of 
6Illinois is amended by changing Section 805-538 as follows:

7 (20 ILCS 805/805-538)
8 Sec. 805-538. Retiring officer; purchase of service 
9firearm and police badge. The Director of Natural Resources 
10shall establish a program to allow a Conservation Police 
11Officer who is honorably retiring in good standing to purchase 
12either one or both of the following: (1) any Department of 
13Natural Resources police badge previously issued to that 
14officer; or (2) if the officer has a currently valid Firearm 
15Owner's Identification Card, the service firearm issued or 
16previously issued to the officer by the Department of Natural 
17Resources. The cost of the firearm shall be the replacement 
18value of the firearm and not the firearm's fair market value.
19(Source: P.A. 100-931, eff. 8-17-18.)

20 Section 35. The Department of Revenue Law of the Civil 
21Administrative Code of Illinois is amended by changing Section 
222505-306 as follows:

 
 
SB3200- 41 -LRB103 39081 RLC 69219 b


1 (20 ILCS 2505/2505-306)
2 Sec. 2505-306. Retiring investigators; purchase of service 
3firearm and badge. The Director shall establish a program to 
4allow a Department investigator who is honorably retiring in 
5good standing to purchase either one or both of the following: 
6(1) any badge previously issued to the investigator by the 
7Department; or (2) if the investigator has a currently valid 
8Firearm Owner's Identification Card, the service firearm 
9issued or previously issued to the investigator by the 
10Department. The cost of the firearm shall be the replacement 
11value of the firearm and not the firearm's fair market value.
12(Source: P.A. 102-719, eff. 5-6-22.)

13 Section 40. The Illinois State Police Law of the Civil 
14Administrative Code of Illinois is amended by changing 
15Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as 
16follows:

17 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
18 Sec. 2605-10. Powers and duties, generally. 
19 (a) The Illinois State Police shall exercise the rights, 
20powers, and duties that have been vested in the Illinois State 
21Police by the following:
22  The Illinois State Police Act.
23  The Illinois State Police Radio Act.
24  The Criminal Identification Act.
 
 
SB3200- 42 -LRB103 39081 RLC 69219 b


1  The Illinois Vehicle Code.
2  The Firearm Owners Identification Card Act.
3  The Firearm Concealed Carry Act.
4  The Firearm Dealer License Certification Act.
5  The Intergovernmental Missing Child Recovery Act of 
6 1984.
7  The Intergovernmental Drug Laws Enforcement Act.
8  The Narcotic Control Division Abolition Act.
9  The Illinois Uniform Conviction Information Act.
10  The Murderer and Violent Offender Against Youth 
11 Registration Act. 
12 (b) The Illinois State Police shall have the powers and 
13duties set forth in the following Sections.
14 (c) The Illinois State Police shall exercise the rights, 
15powers, and duties vested in the Illinois State Police to 
16implement the following protective service functions for State 
17facilities, State officials, and State employees serving in 
18their official capacity: 
19  (1) Utilize subject matter expertise and law 
20 enforcement authority to strengthen the protection of 
21 State government facilities, State employees, State 
22 officials, and State critical infrastructure. 
23  (2) Coordinate State, federal, and local law 
24 enforcement activities involving the protection of State 
25 facilities, officials, and employees. 
26  (3) Conduct investigations of criminal threats to 
 
 
SB3200- 43 -LRB103 39081 RLC 69219 b


1 State facilities, State critical infrastructure, State 
2 officials, and State employees. 
3  (4) Train State officials and employees in personal 
4 protection, crime prevention, facility occupant emergency 
5 planning, and incident management. 
6  (5) Establish standard protocols for prevention and 
7 response to criminal threats to State facilities, State 
8 officials, State employees, and State critical 
9 infrastructure and standard protocols for reporting of 
10 suspicious activities. 
11  (6) Establish minimum operational standards, 
12 qualifications, training, and compliance requirements for 
13 State employees and contractors engaged in the protection 
14 of State facilities and employees. 
15  (7) At the request of departments or agencies of State 
16 government, conduct security assessments, including, but 
17 not limited to, examination of alarm systems, cameras 
18 systems, access points, personnel readiness, and emergency 
19 protocols based on risk and need. 
20  (8) Oversee the planning and implementation of 
21 security and law enforcement activities necessary for the 
22 protection of major, multi-jurisdictional events 
23 implicating potential criminal threats to State officials, 
24 State employees, or State-owned, State-leased, or 
25 State-operated critical infrastructure or facilities. 
26  (9) Oversee and direct the planning and implementation 
 
 
SB3200- 44 -LRB103 39081 RLC 69219 b


1 of security and law enforcement activities by the 
2 departments and agencies of the State necessary for the 
3 protection of State employees, State officials, and 
4 State-owned, State-leased, or State-operated critical 
5 infrastructure or facilities from criminal activity. 
6  (10) Advise the Governor and Homeland Security Advisor 
7 on any matters necessary for the effective protection of 
8 State facilities, critical infrastructure, officials, and 
9 employees from criminal threats. 
10  (11) Utilize intergovernmental agreements and 
11 administrative rules as needed for the effective, 
12 efficient implementation of law enforcement and support 
13 activities necessary for the protection of State 
14 facilities, State infrastructure, State employees, and, 
15 upon the express written consent of State constitutional 
16 officials, State constitutional officials. 
17(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
18103-564, eff. 11-17-23.)

19 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
20 Sec. 2605-45. Division of Justice Services. The Division 
21of Justice Services shall provide administrative and technical 
22services and support to the Illinois State Police, criminal 
23justice agencies, and the public and shall exercise the 
24following functions:
25  (1) Operate and maintain the Law Enforcement Agencies 
 
 
SB3200- 45 -LRB103 39081 RLC 69219 b


1 Data System (LEADS), a statewide, computerized 
2 telecommunications system designed to provide services, 
3 information, and capabilities to the law enforcement and 
4 criminal justice community in the State of Illinois. The 
5 Director is responsible for establishing policy, 
6 procedures, and regulations consistent with State and 
7 federal rules, policies, and law by which LEADS operates. 
8 The Director shall designate a statewide LEADS 
9 Administrator for management of the system. The Director 
10 may appoint a LEADS Advisory Policy Board to reflect the 
11 needs and desires of the law enforcement and criminal 
12 justice community and to make recommendations concerning 
13 policies and procedures.
14  (2) Pursue research and the publication of studies 
15 pertaining to local law enforcement activities.
16  (3) Serve as the State's point of contact for the 
17 Federal Bureau of Investigation's Uniform Crime Reporting 
18 Program and National Incident-Based Reporting System.
19  (4) Operate an electronic data processing and computer 
20 center for the storage and retrieval of data pertaining to 
21 criminal activity.
22  (5) Exercise the rights, powers, and duties vested in 
23 the Illinois State Police by the Cannabis Regulation and 
24 Tax Act and the Compassionate Use of Medical Cannabis 
25 Program Act.
26  (6) (Blank).
 
 
SB3200- 46 -LRB103 39081 RLC 69219 b


1  (6.5) Exercise the rights, powers, and duties vested 
2 in the Illinois State Police by the Firearm Owners 
3 Identification Card Act, the Firearm Concealed Carry Act, 
4 the Firearm Transfer Inquiry Program, the prohibited 
5 persons portal under Section 2605-304, and the Firearm 
6 Dealer License Certification Act.
7  (7) Exercise other duties that may be assigned by the 
8 Director to fulfill the responsibilities and achieve the 
9 purposes of the Illinois State Police.
10  (8) Exercise the rights, powers, and duties vested by 
11 law in the Illinois State Police by the Criminal 
12 Identification Act and the Illinois Uniform Conviction 
13 Information Act. 
14  (9) Exercise the powers and perform the duties that 
15 have been vested in the Illinois State Police by the 
16 Murderer and Violent Offender Against Youth Registration 
17 Act, the Sex Offender Registration Act, and the Sex 
18 Offender Community Notification Law and adopt reasonable 
19 rules necessitated thereby. 
20  (10) Serve as the State central repository for 
21 criminal history record information.
22  (11) Share all necessary information with the 
23 Concealed Carry Licensing Review Board and the Firearms 
24 Owner's Identification Card Review Board necessary for the 
25 execution of their duties. 
26(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

 
 
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1 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
2 Sec. 2605-200. Investigations of crime; enforcement of 
3laws; records; crime laboratories; personnel. 
4 (a) To do the following:
5  (1) Investigate the origins, activities, personnel, 
6 and incidents of crime and the ways and means to redress 
7 the victims of crimes; study the impact, if any, of 
8 legislation relative to the effusion of crime and growing 
9 crime rates; and enforce the criminal laws of this State 
10 related thereto.
11  (2) Enforce all laws regulating the production, sale, 
12 prescribing, manufacturing, administering, transporting, 
13 having in possession, dispensing, delivering, 
14 distributing, or use of controlled substances and 
15 cannabis.
16  (3) Employ skilled experts, scientists, technicians, 
17 investigators, or otherwise specially qualified persons to 
18 aid in preventing or detecting crime, apprehending 
19 criminals, or preparing and presenting evidence of 
20 violations of the criminal laws of the State.
21  (4) Cooperate with the police of cities, villages, and 
22 incorporated towns and with the police officers of any 
23 county in enforcing the laws of the State and in making 
24 arrests and recovering property.
25  (5) Apprehend and deliver up any person charged in 
 
 
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1 this State or any other state of the United States with 
2 treason or a felony or other crime who has fled from 
3 justice and is found in this State.
4  (6) Conduct other investigations as provided by law.
5  (7) Be a central repository and custodian of criminal 
6 statistics for the State.
7  (8) Be a central repository for criminal history 
8 record information.
9  (9) Procure and file for record information that is 
10 necessary and helpful to plan programs of crime 
11 prevention, law enforcement, and criminal justice.
12  (10) Procure and file for record copies of 
13 fingerprints that may be required by law.
14  (11) Establish general and field crime laboratories.
15  (12) Register and file for record information that may 
16 be required by law for the issuance of firearm owner's 
17 identification cards under the Firearm Owners 
18 Identification Card Act and concealed carry licenses under 
19 the Firearm Concealed Carry Act.
20  (13) Employ laboratory technicians and other specially 
21 qualified persons to aid in the identification of criminal 
22 activity and the identification, collection, and recovery 
23 of cyber forensics, including, but not limited to, digital 
24 evidence, and may employ polygraph operators and forensic 
25 anthropologists.
26  (14) Undertake other identification, information, 
 
 
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1 laboratory, statistical, or registration activities that 
2 may be required by law.
3 (b) Persons exercising the powers set forth in subsection 
4(a) within the Illinois State Police are conservators of the 
5peace and as such have all the powers possessed by policemen in 
6cities and sheriffs, except that they may exercise those 
7powers anywhere in the State in cooperation with and after 
8contact with the local law enforcement officials. Those 
9persons may use false or fictitious names in the performance 
10of their duties under this Section, upon approval of the 
11Director, and shall not be subject to prosecution under the 
12criminal laws for that use.
13(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

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 
18shall receive revenue under the Firearm Concealed Carry Act 
19and , the Firearm Dealer License Certification Act, and 
20Section 5 of the Firearm Owners Identification Card Act. The 
21Fund may also receive revenue from grants, pass-through 
22grants, donations, appropriations, and any other legal source.
23 (a-5) (Blank). 
24 (b) The Illinois State Police may use moneys in the Fund to 
25finance any of its lawful purposes, mandates, functions, and 
 
 
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1duties under the Firearm Owners Identification Card Act, the 
2Firearm Dealer License Certification Act, and the Firearm 
3Concealed Carry Act, including the cost of sending notices of 
4expiration of Firearm Owner's Identification Cards, concealed 
5carry licenses, the prompt and efficient processing of 
6applications under the Firearm Owners Identification Card Act 
7and the Firearm Concealed Carry Act, the improved efficiency 
8and reporting of the LEADS and federal NICS law enforcement 
9data systems, and support for investigations required under 
10these Acts and law. Any surplus funds beyond what is needed to 
11comply with the aforementioned purposes shall be used by the 
12Illinois State Police to improve the Law Enforcement Agencies 
13Data System (LEADS) and criminal history background check 
14system. 
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. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
19103-363, eff. 7-28-23.)

20 (20 ILCS 2605/2605-605)
21 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
22Director of the Illinois State Police shall establish a 
23statewide multi-jurisdictional Violent Crime Intelligence Task 
24Force led by the Illinois State Police dedicated to combating 
25gun violence, gun-trafficking, and other violent crime with 
 
 
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1the primary mission of preservation of life and reducing the 
2occurrence and the fear of crime. The objectives of the Task 
3Force shall include, but not be limited to, reducing and 
4preventing illegal possession and use of firearms, 
5firearm-related homicides, and other violent crimes, and 
6solving firearm-related crimes. 
7 (1) The Task Force may develop and acquire information, 
8training, tools, and resources necessary to implement a 
9data-driven approach to policing, with an emphasis on 
10intelligence development.
11 (2) The Task Force may utilize information sharing, 
12partnerships, crime analysis, and evidence-based practices to 
13assist in the reduction of firearm-related shootings, 
14homicides, and gun-trafficking, including, but not limited to, 
15ballistic data, eTrace data, DNA evidence, latent 
16fingerprints, firearm training data, and National Integrated 
17Ballistic Information Network (NIBIN) data. The Task Force may 
18design a model crime gun intelligence strategy which may 
19include, but is not limited to, comprehensive collection and 
20documentation of all ballistic evidence, timely transfer of 
21NIBIN and eTrace leads to an intelligence center, which may 
22include the Division of Criminal Investigation of the Illinois 
23State Police, timely dissemination of intelligence to 
24investigators, investigative follow-up, and coordinated 
25prosecution.
26 (3) The Task Force may recognize and utilize best 
 
 
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1practices of community policing and may develop potential 
2partnerships with faith-based and community organizations to 
3achieve its goals.
4 (4) The Task Force may identify and utilize best practices 
5in drug-diversion programs and other community-based services 
6to redirect low-level offenders.
7 (5) The Task Force may assist in violence suppression 
8strategies including, but not limited to, details in 
9identified locations that have shown to be the most prone to 
10gun violence and violent crime, focused deterrence against 
11violent gangs and groups considered responsible for the 
12violence in communities, and other intelligence driven methods 
13deemed necessary to interrupt cycles of violence or prevent 
14retaliation.
15 (6) In consultation with the Chief Procurement Officer, 
16the Illinois State Police may obtain contracts for software, 
17commodities, resources, and equipment to assist the Task Force 
18with achieving this Act. Any contracts necessary to support 
19the delivery of necessary software, commodities, resources, 
20and equipment are not subject to the Illinois Procurement 
21Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
22Article 50 of that Code, provided that the Chief Procurement 
23Officer may, in writing with justification, waive any 
24certification required under Article 50 of the Illinois 
25Procurement Code.
26 (7) (Blank). The Task Force shall conduct enforcement 
 
 
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1operations against persons whose Firearm Owner's 
2Identification Cards have been revoked or suspended and 
3persons who fail to comply with the requirements of Section 
49.5 of the Firearm Owners Identification Card Act, 
5prioritizing individuals presenting a clear and present danger 
6to themselves or to others under paragraph (2) of subsection 
7(d) of Section 8.1 of the Firearm Owners Identification Card 
8Act.
9 (8) The Task Force shall collaborate with local law 
10enforcement agencies to enforce provisions of the Firearm 
11Owners Identification Card Act, the Firearm Concealed Carry 
12Act, the Firearm Dealer License Certification Act, and Article 
1324 of the Criminal Code of 2012.
14 (9) To implement this Section, the Director of the 
15Illinois State Police may establish intergovernmental 
16agreements with law enforcement agencies in accordance with 
17the Intergovernmental Cooperation Act.
18 (10) Law enforcement agencies that participate in 
19activities described in paragraphs (7) through (9) may apply 
20to the Illinois State Police for grants from the State Police 
21Revocation Enforcement Fund. 
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
23102-813, eff. 5-13-22.)

24 (20 ILCS 2605/2605-304 rep.)
25 (20 ILCS 2605/2605-610 rep.)
 
 
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1 Section 45. The Illinois State Police Law of the Civil 
2Administrative Code of Illinois is amended by repealing 
3Sections 2605-304 and 2605-610.

4 Section 50. The Illinois State Police Act is amended by 
5changing Section 17b as follows:

6 (20 ILCS 2610/17b)
7 Sec. 17b. Retiring officer; purchase of service firearm 
8and police badge. The Director of the Illinois State Police 
9shall establish a policy to allow a State Police officer who is 
10honorably retiring or separating in good standing to purchase 
11either one or both of the following: (i) any State Police badge 
12previously issued to that officer; or (ii) if the officer has a 
13currently valid Firearm Owner's Identification Card, the 
14service firearm issued or previously issued to the officer by 
15the Illinois State Police. The cost of the firearm purchased 
16shall be the replacement value of the firearm and not the 
17firearm's fair market value.
18(Source: P.A. 102-538, eff. 8-20-21.)

19 Section 55. The Criminal Identification Act is amended by 
20changing Section 2.2 as follows:

21 (20 ILCS 2630/2.2)
22 Sec. 2.2. Notification to the Illinois State Police. Upon 
 
 
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1judgment of conviction of a violation of Section 12-1, 12-2, 
212-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
3the Criminal Code of 2012 when the defendant has been 
4determined, pursuant to Section 112A-11.1 of the Code of 
5Criminal Procedure of 1963, to be subject to the prohibitions 
6of 18 U.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 Illinois State Police Firearm 
9Owner's Identification Card Office to enable the Illinois 
10State Police office to perform its duties under the Firearm 
11Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
12Identification Card Act and to report that determination to 
13the Federal Bureau of Investigation to assist the Federal 
14Bureau of Investigation in identifying persons prohibited from 
15purchasing and possessing a firearm pursuant to the provisions 
16of 18 U.S.C. 922. The written determination described in this 
17Section shall be included in the defendant's record of arrest 
18and conviction in the manner and form prescribed by the 
19Illinois State Police. 
20(Source: P.A. 102-538, eff. 8-20-21.)

21 Section 60. The Peace Officer Fire Investigation Act is 
22amended by changing Section 1 as follows:

23 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
24 Sec. 1. Peace officer status. 
 
 
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1 (a) Any person who is a sworn member of any organized and 
2paid fire department of a political subdivision of this State 
3and is authorized to investigate fires or explosions for such 
4political subdivision and to determine the cause, origin and 
5circumstances of fires or explosions that are suspected to be 
6arson or arson-related crimes, may be classified as a peace 
7officer by the political subdivision or agency employing such 
8person. A person so classified shall possess the same powers 
9of arrest, search and seizure and the securing and service of 
10warrants as sheriffs of counties, and police officers within 
11the jurisdiction of their political subdivision. While in the 
12actual investigation and matters incident thereto, such person 
13may carry weapons as may be necessary, but only if that person 
14has satisfactorily completed (1) a training program offered or 
15approved by the Illinois Law Enforcement Training Standards 
16Board which substantially conforms to standards promulgated 
17pursuant to the Illinois Police Training Act and the Peace 
18Officer and Probation Officer Firearm Training Act; and (2) a 
19course in fire and arson investigation approved by the Office 
20of the State Fire Marshal pursuant to the Illinois Fire 
21Protection Training Act. Such training need not include 
22exposure to vehicle and traffic law, traffic control and crash 
23investigation, or first aid, but shall include training in the 
24law relating to the rights of persons suspected of involvement 
25in criminal activities.
26 Any person granted the powers enumerated in this 
 
 
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1subsection (a) may exercise such powers only during the actual 
2investigation of the cause, origin and circumstances of such 
3fires or explosions that are suspected to be arson or 
4arson-related crimes.
5 (b) Persons employed by the Office of the State Fire 
6Marshal to conduct arson investigations shall be designated 
7State Fire Marshal Arson Investigator Special Agents and shall 
8be peace officers with all of the powers of peace officers in 
9cities and sheriffs in counties, except that they may exercise 
10those powers throughout the State. These Special Agents may 
11exercise these powers only when engaging in official duties 
12during the actual investigation of the cause, origin, and 
13circumstances of such fires or explosions that are suspected 
14to be arson or arson-related crimes and may carry weapons at 
15all times, but only if they have satisfactorily completed (1) 
16a training course approved by the Illinois Law Enforcement 
17Training Standards Board that substantially conforms to the 
18standards promulgated pursuant to the Peace Officer and 
19Probation Officer Firearm Training Act and (2) a course in 
20fire and arson investigation approved by the Office of the 
21State Fire Marshal pursuant to the Illinois Fire Protection 
22Training Act. Such training need not include exposure to 
23vehicle and traffic law, traffic control and crash 
24investigation, or first aid, but shall include training in the 
25law relating to the rights of persons suspected of involvement 
26in criminal activities.
 
 
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1 For purposes of this subsection (b), a "State Fire Marshal 
2Arson Investigator Special Agent" does not include any fire 
3investigator, fireman, police officer, or other employee of 
4the federal government; any fire investigator, fireman, police 
5officer, or other employee of any unit of local government; or 
6any fire investigator, fireman, police officer, or other 
7employee of the State of Illinois other than an employee of the 
8Office of the State Fire Marshal assigned to investigate 
9arson. 
10 The State Fire Marshal must authorize to each employee of 
11the Office of the State Fire Marshal who is exercising the 
12powers of a peace officer a distinct badge that, on its face, 
13(i) clearly states that the badge is authorized by the Office 
14of the State Fire Marshal and (ii) contains a unique 
15identifying number. No other badge shall be authorized by the 
16Office of the State Fire Marshal, except that a badge, 
17different from the badge issued to peace officers, may be 
18authorized by the Office of the State Fire Marshal for the use 
19of fire prevention inspectors employed by that Office. Nothing 
20in this subsection prohibits the State Fire Marshal from 
21issuing shields or other distinctive identification to 
22employees not exercising the powers of a peace officer if the 
23State Fire Marshal determines that a shield or distinctive 
24identification is needed by the employee to carry out his or 
25her responsibilities.
26 (c) The Office of the State Fire Marshal shall establish a 
 
 
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1policy to allow a State Fire Marshal Arson Investigator 
2Special Agent who is honorably retiring or separating in good 
3standing to purchase either one or both of the following: (i) 
4any badge previously issued to that State Fire Marshal Arson 
5Investigator Special Agent; or (ii) if the State Fire Marshal 
6Arson Investigator Special Agent has a currently valid Firearm 
7Owner's Identification Card, the service firearm issued or 
8previously issued to the State Fire Marshal Arson Investigator 
9Special Agent by the Office of the State Fire Marshal. The cost 
10of the firearm purchased shall be the replacement value of the 
11firearm and not the firearm's fair market value. All funds 
12received by the agency under this program shall be deposited 
13into the Fire Prevention Fund. 
14(Source: P.A. 102-982, eff. 7-1-23.)

15 Section 65. The Illinois Criminal Justice Information Act 
16is amended by changing Section 7.9 as follows:

17 (20 ILCS 3930/7.9)
18 (Section scheduled to be repealed on July 1, 2027)
19 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
20Force.
21 (a) As used in this Section, "firearms prohibitor" means 
22any factor listed in Section 4 of the Firearm Owners 
23Identification Card Act or Section 24-3 or 24-3.1 of the 
24Criminal Code of 2012 that prohibits a person from 
 
 
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1transferring or possessing a firearm, firearm ammunition, 
2Firearm Owner's Identification Card, or concealed carry 
3license. 
4 (b) The Firearm Prohibitors and Records Improvement Task 
5Force is created to identify and research all available 
6grants, resources, and revenue that may be applied for and 
7used by all entities responsible for reporting federal and 
8State firearm prohibitors to the Illinois State Police and the 
9National Instant Criminal Background Check System. These Under 
10the Firearm Owners Identification Card Act, these reporting 
11entities include, but are not limited to, hospitals, courts, 
12law enforcement and corrections. The Task Force shall identify 
13weaknesses in reporting and recommend a strategy to direct 
14resources and revenue to ensuring reporting is reliable, 
15accurate, and timely. The Task Force shall inventory all 
16statutorily mandated firearm and gun violence related data 
17collection and reporting requirements, along with the agency 
18responsible for collecting that data, and identify gaps in 
19those requirements. The Task Force shall submit a coordinated 
20application with and through the Illinois Criminal Justice 
21Information Authority for federal funds from the National 
22Criminal History Improvement Program and the NICS Acts Record 
23Improvement Program. The Firearm Prohibitors and Records 
24Improvement Task Force shall be comprised of the following 
25members, all of whom shall serve without compensation:
26  (1) the Executive Director of the Illinois Criminal 
 
 
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1 Justice Information Authority, who shall serve as Chair;
2  (2) the Director of the Illinois State Police, or his 
3 or her designee;
4  (3) the Secretary of Human Services, or his or her 
5 designee;
6  (4) the Director of Corrections, or his or her 
7 designee;
8  (5) the Attorney General, or his or her designee;
9  (6) the Director of the Administrative Office of the 
10 Illinois Courts, or his or her designee; 
11  (7) a representative of an association representing 
12 circuit clerks appointed by the President of the Senate;
13  (8) a representative of an association representing 
14 sheriffs appointed by the House Minority Leader;
15  (9) a representative of an association representing 
16 State's Attorneys appointed by the House Minority Leader;
17  (10) a representative of an association representing 
18 chiefs of police appointed by the Senate Minority Leader;
19  (11) a representative of an association representing 
20 hospitals appointed by the Speaker of the House of 
21 Representatives;
22  (12) a representative of an association representing 
23 counties appointed by the President of the Senate; and
24  (13) a representative of an association representing 
25 municipalities appointed by the Speaker of the House of 
26 Representatives.
 
 
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1 (c) The Illinois Criminal Justice Information Authority 
2shall provide administrative and other support to the Task 
3Force. The Illinois State Police Division of Justice Services 
4shall also provide support to the Illinois Criminal Justice 
5Information Authority and the Task Force.
6 (d) The Task Force may meet in person or virtually and 
7shall issue a written report of its findings and 
8recommendations to General Assembly on or before July 1, 2022. 
9The Task Force shall issue an annual report, which shall 
10include information on the state of FOID data, including a 
11review of previous activity by the Task Force to close 
12previously identified gaps; identifying known (or new) gaps; a 
13proposal of policy and practice recommendations to close those 
14gaps; and a preview of expected activities of the Task Force 
15for the coming year.
16 (e) Within 60 days of the effective date of this 
17amendatory Act of the 102nd General Assembly, the Chair shall 
18establish the Task Force.
19 (f) This Section is repealed on July 1, 2027.
20(Source: P.A. 102-237, eff. 1-1-22.)

21 Section 70. The State Finance Act is amended by changing 
22Sections 6z-99 and 6z-127 as follows:

23 (30 ILCS 105/6z-99)
24 Sec. 6z-99. The Mental Health Reporting Fund.
 
 
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1 (a) There is created in the State treasury a special fund 
2known as the Mental Health Reporting Fund. The Fund shall 
3receive revenue under the Firearm Concealed Carry Act. The 
4Fund may also receive revenue from grants, pass-through 
5grants, donations, appropriations, and any other legal source.
6 (b) The Illinois State Police and Department of Human 
7Services shall coordinate to use moneys in the Fund to finance 
8their respective duties of collecting and reporting data on 
9mental health records and ensuring that mental health firearm 
10possession prohibitors are enforced as set forth under the 
11Firearm Concealed Carry Act and the Firearm Owners 
12Identification Card Act. Any surplus in the Fund beyond what 
13is necessary to ensure compliance with mental health reporting 
14under that Act these Acts shall be used by the Department of 
15Human Services for mental health treatment programs as 
16follows: (1) 50% shall be used to fund community-based mental 
17health programs aimed at reducing gun violence, community 
18integration and education, or mental health awareness and 
19prevention, including administrative costs; and (2) 50% shall 
20be used to award grants that use and promote the National 
21School Mental Health Curriculum model for school-based mental 
22health support, integration, and services.
23 (c) Investment income that is attributable to the 
24investment of moneys in the Fund shall be retained in the Fund 
25for the uses specified in this Section.
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2 (30 ILCS 105/6z-127)
3 Sec. 6z-127. State Police Revocation Enforcement Fund.
4 (a) The State Police Revocation Enforcement Fund is 
5established as a special fund in the State treasury. This Fund 
6is established to receive moneys from the Firearm Owners 
7Identification Card Act to enforce that Act, the Firearm 
8Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
9and other firearm offenses. The Fund may also receive revenue 
10from grants, donations, appropriations, and any other legal 
11source.
12 (b) The Illinois State Police may use moneys from the Fund 
13to establish task forces and, if necessary, include other law 
14enforcement agencies, under intergovernmental contracts 
15written and executed in conformity with the Intergovernmental 
16Cooperation Act.
17 (c) The Illinois State Police may use moneys in the Fund to 
18hire and train State Police officers and for the prevention of 
19violent crime.
20 (d) The State Police Revocation Enforcement Fund is not 
21subject to administrative chargebacks.
22 (e) (Blank). Law enforcement agencies that participate in 
23Firearm Owner's Identification Card revocation enforcement in 
24the Violent Crime Intelligence Task Force may apply for grants 
25from the Illinois State Police.
 
 
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1 (f) Any surplus in the Fund beyond what is necessary to 
2ensure compliance with subsections (a) through (e) or moneys 
3that are specifically appropriated for those purposes shall be 
4used by the Illinois State Police to award grants to assist 
5with the data reporting requirements of the Gun Trafficking 
6Information Act. 
7(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
8103-34, eff. 6-9-23.)

9 Section 75. The Illinois Procurement Code is amended by 
10changing Section 1-10 as follows:

11 (30 ILCS 500/1-10)
12 Sec. 1-10. Application. 
13 (a) This Code applies only to procurements for which 
14bidders, offerors, potential contractors, or contractors were 
15first solicited on or after July 1, 1998. This Code shall not 
16be construed to affect or impair any contract, or any 
17provision of a contract, entered into based on a solicitation 
18prior to the implementation date of this Code as described in 
19Article 99, including, but not limited to, any covenant 
20entered into with respect to any revenue bonds or similar 
21instruments. All procurements for which contracts are 
22solicited between the effective date of Articles 50 and 99 and 
23July 1, 1998 shall be substantially in accordance with this 
24Code and its intent.
 
 
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1 (b) This Code shall apply regardless of the source of the 
2funds with which the contracts are paid, including federal 
3assistance moneys. This Code shall not apply to:
4  (1) Contracts between the State and its political 
5 subdivisions or other governments, or between State 
6 governmental bodies, except as specifically provided in 
7 this Code.
8  (2) Grants, except for the filing requirements of 
9 Section 20-80.
10  (3) Purchase of care, except as provided in Section 
11 5-30.6 of the Illinois Public Aid Code and this Section.
12  (4) Hiring of an individual as an employee and not as 
13 an independent contractor, whether pursuant to an 
14 employment code or policy or by contract directly with 
15 that individual.
16  (5) Collective bargaining contracts.
17  (6) Purchase of real estate, except that notice of 
18 this type of contract with a value of more than $25,000 
19 must be published in the Procurement Bulletin within 10 
20 calendar days after the deed is recorded in the county of 
21 jurisdiction. The notice shall identify the real estate 
22 purchased, the names of all parties to the contract, the 
23 value of the contract, and the effective date of the 
24 contract.
25  (7) Contracts necessary to prepare for anticipated 
26 litigation, enforcement actions, or investigations, 
 
 
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1 provided that the chief legal counsel to the Governor 
2 shall give his or her prior approval when the procuring 
3 agency is one subject to the jurisdiction of the Governor, 
4 and provided that the chief legal counsel of any other 
5 procuring entity subject to this Code shall give his or 
6 her prior approval when the procuring entity is not one 
7 subject to the jurisdiction of the Governor.
8  (8) (Blank).
9  (9) Procurement expenditures by the Illinois 
10 Conservation Foundation when only private funds are used.
11  (10) (Blank). 
12  (11) Public-private agreements entered into according 
13 to the procurement requirements of Section 20 of the 
14 Public-Private Partnerships for Transportation Act and 
15 design-build agreements entered into according to the 
16 procurement requirements of Section 25 of the 
17 Public-Private Partnerships for Transportation Act.
18  (12) (A) Contracts for legal, financial, and other 
19 professional and artistic services entered into by the 
20 Illinois Finance Authority in which the State of Illinois 
21 is not obligated. Such contracts shall be awarded through 
22 a competitive process authorized by the members of the 
23 Illinois Finance Authority and are subject to Sections 
24 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
25 as well as the final approval by the members of the 
26 Illinois Finance Authority of the terms of the contract.
 
 
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1  (B) Contracts for legal and financial services entered 
2 into by the Illinois Housing Development Authority in 
3 connection with the issuance of bonds in which the State 
4 of Illinois is not obligated. Such contracts shall be 
5 awarded through a competitive process authorized by the 
6 members of the Illinois Housing Development Authority and 
7 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
8 and 50-37 of this Code, as well as the final approval by 
9 the members of the Illinois Housing Development Authority 
10 of the terms of the contract. 
11  (13) Contracts for services, commodities, and 
12 equipment to support the delivery of timely forensic 
13 science services in consultation with and subject to the 
14 approval of the Chief Procurement Officer as provided in 
15 subsection (d) of Section 5-4-3a of the Unified Code of 
16 Corrections, except for the requirements of Sections 
17 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
18 Code; however, the Chief Procurement Officer may, in 
19 writing with justification, waive any certification 
20 required under Article 50 of this Code. For any contracts 
21 for services which are currently provided by members of a 
22 collective bargaining agreement, the applicable terms of 
23 the collective bargaining agreement concerning 
24 subcontracting shall be followed.
25  On and after January 1, 2019, this paragraph (13), 
26 except for this sentence, is inoperative. 
 
 
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1  (14) Contracts for participation expenditures required 
2 by a domestic or international trade show or exhibition of 
3 an exhibitor, member, or sponsor.
4  (15) Contracts with a railroad or utility that 
5 requires the State to reimburse the railroad or utilities 
6 for the relocation of utilities for construction or other 
7 public purpose. Contracts included within this paragraph 
8 (15) shall include, but not be limited to, those 
9 associated with: relocations, crossings, installations, 
10 and maintenance. For the purposes of this paragraph (15), 
11 "railroad" means any form of non-highway ground 
12 transportation that runs on rails or electromagnetic 
13 guideways and "utility" means: (1) public utilities as 
14 defined in Section 3-105 of the Public Utilities Act, (2) 
15 telecommunications carriers as defined in Section 13-202 
16 of the Public Utilities Act, (3) electric cooperatives as 
17 defined in Section 3.4 of the Electric Supplier Act, (4) 
18 telephone or telecommunications cooperatives as defined in 
19 Section 13-212 of the Public Utilities Act, (5) rural 
20 water or waste water systems with 10,000 connections or 
21 less, (6) a holder as defined in Section 21-201 of the 
22 Public Utilities Act, and (7) municipalities owning or 
23 operating utility systems consisting of public utilities 
24 as that term is defined in Section 11-117-2 of the 
25 Illinois Municipal Code. 
26  (16) Procurement expenditures necessary for the 
 
 
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1 Department of Public Health to provide the delivery of 
2 timely newborn screening services in accordance with the 
3 Newborn Metabolic Screening Act. 
4  (17) Procurement expenditures necessary for the 
5 Department of Agriculture, the Department of Financial and 
6 Professional Regulation, the Department of Human Services, 
7 and the Department of Public Health to implement the 
8 Compassionate Use of Medical Cannabis Program and Opioid 
9 Alternative Pilot Program requirements and ensure access 
10 to medical cannabis for patients with debilitating medical 
11 conditions in accordance with the Compassionate Use of 
12 Medical Cannabis Program Act.
13  (18) This Code does not apply to any procurements 
14 necessary for the Department of Agriculture, the 
15 Department of Financial and Professional Regulation, the 
16 Department of Human Services, the Department of Commerce 
17 and Economic Opportunity, and the Department of Public 
18 Health to implement the Cannabis Regulation and Tax Act if 
19 the applicable agency has made a good faith determination 
20 that it is necessary and appropriate for the expenditure 
21 to fall within this exemption and if the process is 
22 conducted in a manner substantially in accordance with the 
23 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
24 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
25 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
26 Section 50-35, compliance applies only to contracts or 
 
 
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1 subcontracts over $100,000. Notice of each contract 
2 entered into under this paragraph (18) that is related to 
3 the procurement of goods and services identified in 
4 paragraph (1) through (9) of this subsection shall be 
5 published in the Procurement Bulletin within 14 calendar 
6 days after contract execution. The Chief Procurement 
7 Officer shall prescribe the form and content of the 
8 notice. Each agency shall provide the Chief Procurement 
9 Officer, on a monthly basis, in the form and content 
10 prescribed by the Chief Procurement Officer, a report of 
11 contracts that are related to the procurement of goods and 
12 services identified in this subsection. At a minimum, this 
13 report shall include the name of the contractor, a 
14 description of the supply or service provided, the total 
15 amount of the contract, the term of the contract, and the 
16 exception to this Code utilized. A copy of any or all of 
17 these contracts shall be made available to the Chief 
18 Procurement Officer immediately upon request. The Chief 
19 Procurement Officer shall submit a report to the Governor 
20 and General Assembly no later than November 1 of each year 
21 that includes, at a minimum, an annual summary of the 
22 monthly information reported to the Chief Procurement 
23 Officer. This exemption becomes inoperative 5 years after 
24 June 25, 2019 (the effective date of Public Act 101-27).
25  (19) Acquisition of modifications or adjustments, 
26 limited to assistive technology devices and assistive 
 
 
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1 technology services, adaptive equipment, repairs, and 
2 replacement parts to provide reasonable accommodations (i) 
3 that enable a qualified applicant with a disability to 
4 complete the job application process and be considered for 
5 the position such qualified applicant desires, (ii) that 
6 modify or adjust the work environment to enable a 
7 qualified current employee with a disability to perform 
8 the essential functions of the position held by that 
9 employee, (iii) to enable a qualified current employee 
10 with a disability to enjoy equal benefits and privileges 
11 of employment as are enjoyed by other similarly situated 
12 employees without disabilities, and (iv) that allow a 
13 customer, client, claimant, or member of the public 
14 seeking State services full use and enjoyment of and 
15 access to its programs, services, or benefits. 
16  For purposes of this paragraph (19):
17  "Assistive technology devices" means any item, piece 
18 of equipment, or product system, whether acquired 
19 commercially off the shelf, modified, or customized, that 
20 is used to increase, maintain, or improve functional 
21 capabilities of individuals with disabilities.
22  "Assistive technology services" means any service that 
23 directly assists an individual with a disability in 
24 selection, acquisition, or use of an assistive technology 
25 device.
26  "Qualified" has the same meaning and use as provided 
 
 
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1 under the federal Americans with Disabilities Act when 
2 describing an individual with a disability. 
3  (20) Procurement expenditures necessary for the 
4 Illinois Commerce Commission to hire third-party 
5 facilitators pursuant to Sections 16-105.17 and 16-108.18 
6 of the Public Utilities Act or an ombudsman pursuant to 
7 Section 16-107.5 of the Public Utilities Act, a 
8 facilitator pursuant to Section 16-105.17 of the Public 
9 Utilities Act, or a grid auditor pursuant to Section 
10 16-105.10 of the Public Utilities Act. 
11  (21) Procurement expenditures for the purchase, 
12 renewal, and expansion of software, software licenses, or 
13 software maintenance agreements that support the efforts 
14 of the Illinois State Police to enforce, regulate, and 
15 administer the Firearm Owners Identification Card Act, the 
16 Firearm Concealed Carry Act, the Firearms Restraining 
17 Order Act, the Firearm Dealer License Certification Act, 
18 the Law Enforcement Agencies Data System (LEADS), the 
19 Uniform Crime Reporting Act, the Criminal Identification 
20 Act, the Illinois Uniform Conviction Information Act, and 
21 the Gun Trafficking Information Act, or establish or 
22 maintain record management systems necessary to conduct 
23 human trafficking investigations or gun trafficking or 
24 other stolen firearm investigations. This paragraph (21) 
25 applies to contracts entered into on or after January 10, 
26 2023 (the effective date of Public Act 102-1116) and the 
 
 
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1 renewal of contracts that are in effect on January 10, 
2 2023 (the effective date of Public Act 102-1116). 
3  (22) Contracts for project management services and 
4 system integration services required for the completion of 
5 the State's enterprise resource planning project. This 
6 exemption becomes inoperative 5 years after June 7, 2023 
7 (the effective date of the changes made to this Section by 
8 Public Act 103-8). This paragraph (22) applies to 
9 contracts entered into on or after June 7, 2023 (the 
10 effective date of the changes made to this Section by 
11 Public Act 103-8) and the renewal of contracts that are in 
12 effect on June 7, 2023 (the effective date of the changes 
13 made to this Section by Public Act 103-8). 
14  (23) Procurements necessary for the Department of 
15 Insurance to implement the Illinois Health Benefits 
16 Exchange Law if the Department of Insurance has made a 
17 good faith determination that it is necessary and 
18 appropriate for the expenditure to fall within this 
19 exemption. The procurement process shall be conducted in a 
20 manner substantially in accordance with the requirements 
21 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
22 copy of these contracts shall be made available to the 
23 Chief Procurement Officer immediately upon request. This 
24 paragraph is inoperative 5 years after June 27, 2023 (the 
25 effective date of Public Act 103-103). 
26  (24) (22) Contracts for public education programming, 
 
 
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1 noncommercial sustaining announcements, public service 
2 announcements, and public awareness and education 
3 messaging with the nonprofit trade associations of the 
4 providers of those services that inform the public on 
5 immediate and ongoing health and safety risks and hazards. 
6 Notwithstanding any other provision of law, for contracts 
7with an annual value of more than $100,000 entered into on or 
8after October 1, 2017 under an exemption provided in any 
9paragraph of this subsection (b), except paragraph (1), (2), 
10or (5), each State agency shall post to the appropriate 
11procurement bulletin the name of the contractor, a description 
12of the supply or service provided, the total amount of the 
13contract, the term of the contract, and the exception to the 
14Code utilized. The chief procurement officer shall submit a 
15report to the Governor and General Assembly no later than 
16November 1 of each year that shall include, at a minimum, an 
17annual summary of the monthly information reported to the 
18chief procurement officer. 
19 (c) This Code does not apply to the electric power 
20procurement process provided for under Section 1-75 of the 
21Illinois Power Agency Act and Section 16-111.5 of the Public 
22Utilities Act. This Code does not apply to the procurement of 
23technical and policy experts pursuant to Section 1-129 of the 
24Illinois Power Agency Act. 
25 (d) Except for Section 20-160 and Article 50 of this Code, 
26and as expressly required by Section 9.1 of the Illinois 
 
 
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1Lottery Law, the provisions of this Code do not apply to the 
2procurement process provided for under Section 9.1 of the 
3Illinois Lottery Law. 
4 (e) This Code does not apply to the process used by the 
5Capital Development Board to retain a person or entity to 
6assist the Capital Development Board with its duties related 
7to the determination of costs of a clean coal SNG brownfield 
8facility, as defined by Section 1-10 of the Illinois Power 
9Agency Act, as required in subsection (h-3) of Section 9-220 
10of the Public Utilities Act, including calculating the range 
11of capital costs, the range of operating and maintenance 
12costs, or the sequestration costs or monitoring the 
13construction of clean coal SNG brownfield facility for the 
14full duration of construction.
15 (f) (Blank). 
16 (g) (Blank).
17 (h) This Code does not apply to the process to procure or 
18contracts entered into in accordance with Sections 11-5.2 and 
1911-5.3 of the Illinois Public Aid Code. 
20 (i) Each chief procurement officer may access records 
21necessary to review whether a contract, purchase, or other 
22expenditure is or is not subject to the provisions of this 
23Code, unless such records would be subject to attorney-client 
24privilege. 
25 (j) This Code does not apply to the process used by the 
26Capital Development Board to retain an artist or work or works 
 
 
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1of art as required in Section 14 of the Capital Development 
2Board Act. 
3 (k) This Code does not apply to the process to procure 
4contracts, or contracts entered into, by the State Board of 
5Elections or the State Electoral Board for hearing officers 
6appointed pursuant to the Election Code. 
7 (l) This Code does not apply to the processes used by the 
8Illinois Student Assistance Commission to procure supplies and 
9services paid for from the private funds of the Illinois 
10Prepaid Tuition Fund. As used in this subsection (l), "private 
11funds" means funds derived from deposits paid into the 
12Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
13 (m) This Code shall apply regardless of the source of 
14funds with which contracts are paid, including federal 
15assistance moneys. Except as specifically provided in this 
16Code, this Code shall not apply to procurement expenditures 
17necessary for the Department of Public Health to conduct the 
18Healthy Illinois Survey in accordance with Section 2310-431 of 
19the Department of Public Health Powers and Duties Law of the 
20Civil Administrative Code of Illinois. 
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 
261-2-24.)

 
 
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1 Section 80. The Intergovernmental Drug Laws Enforcement 
2Act is amended by changing Section 3 as follows:

3 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
4 Sec. 3. A Metropolitan Enforcement Group which meets the 
5minimum criteria established in this Section is eligible to 
6receive State grants to help defray the costs of operation. To 
7be eligible a MEG must:
8  (1) Be established and operating pursuant to 
9 intergovernmental contracts written and executed in 
10 conformity with the Intergovernmental Cooperation Act, and 
11 involve 2 or more units of local government.
12  (2) Establish a MEG Policy Board composed of an 
13 elected official, or his designee, and the chief law 
14 enforcement officer, or his designee, from each 
15 participating unit of local government to oversee the 
16 operations of the MEG and make such reports to the 
17 Illinois State Police as the Illinois State Police may 
18 require.
19  (3) Designate a single appropriate elected official of 
20 a participating unit of local government to act as the 
21 financial officer of the MEG for all participating units 
22 of local government and to receive funds for the operation 
23 of the MEG.
24  (4) Limit its operations to enforcement of drug laws; 
 
 
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1 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, 
2 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, 
3 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
4 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code 
5 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm 
6 Owners Identification Card Act; and the investigation of 
7 streetgang related offenses.
8  (5) Cooperate with the Illinois State Police in order 
9 to assure compliance with this Act and to enable the 
10 Illinois State Police to fulfill its duties under this 
11 Act, and supply the Illinois State Police with all 
12 information the Illinois State Police deems necessary 
13 therefor.
14  (6) Receive funding of at least 50% of the total 
15 operating budget of the MEG from the participating units 
16 of local government.
17(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
18102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

19 Section 85. 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 
 
 
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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 
15of firearms and firearm ammunition, to provide a penalty for 
16the violation thereof and to make an appropriation in 
17connection therewith", approved August 3, 1967, as amended.
18(Source: P.A. 98-725, eff. 1-1-15.)

19 (50 ILCS 725/7.2 rep.)
20 Section 90. The Uniform Peace Officers' Disciplinary Act 
21is amended by repealing Section 7.2.

22 Section 95. The Counties Code is amended by changing 
23Section 3-6042 as follows:

 
 
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1 (55 ILCS 5/3-6042)
2 Sec. 3-6042. Retiring employee; purchase of service 
3firearm and badge. Each Sheriff shall establish a program to 
4allow an employee of the Sheriff's Department who is honorably 
5retiring in good standing to purchase either one or both of the 
6following: (1) any badge previously issued to the employee by 
7the Sheriff's Department; or (2) if the employee has a 
8currently valid Firearm Owner's Identification Card, the 
9service firearm issued or previously issued to the employee by 
10the Sheriff's Department. The badge must be permanently and 
11conspicuously marked in such a manner that the individual who 
12possesses the badge is not mistaken for an actively serving 
13law enforcement officer. The cost of the firearm shall be the 
14replacement value of the firearm and not the firearm's fair 
15market value.
16(Source: P.A. 102-719, eff. 5-6-22.)

17 Section 100. The School Code is amended by changing 
18Sections 10-22.6, 10-27.1A and 34-8.05 as follows:

19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20 (Text of Section before amendment by P.A. 102-466)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school 
22searches. 
23 (a) To expel pupils guilty of gross disobedience or 
24misconduct, including gross disobedience or misconduct 
 
 
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1perpetuated by electronic means, pursuant to subsection (b-20) 
2of this Section, and no action shall lie against them for such 
3expulsion. Expulsion shall take place only after the parents 
4have been requested to appear at a meeting of the board, or 
5with a hearing officer appointed by it, to discuss their 
6child's behavior. Such request shall be made by registered or 
7certified mail and shall state the time, place and purpose of 
8the meeting. The board, or a hearing officer appointed by it, 
9at such meeting shall state the reasons for dismissal and the 
10date on which the expulsion is to become effective. If a 
11hearing officer is appointed by the board, he shall report to 
12the board a written summary of the evidence heard at the 
13meeting and the board may take such action thereon as it finds 
14appropriate. If the board acts to expel a pupil, the written 
15expulsion decision shall detail the specific reasons why 
16removing the pupil from the learning environment is in the 
17best interest of the school. The expulsion decision shall also 
18include a rationale as to the specific duration of the 
19expulsion. An expelled pupil may be immediately transferred to 
20an alternative program in the manner provided in Article 13A 
21or 13B of this Code. A pupil must not be denied transfer 
22because of the expulsion, except in cases in which such 
23transfer is deemed to cause a threat to the safety of students 
24or staff in the alternative program.
25 (b) To suspend or by policy to authorize the 
26superintendent of the district or the principal, assistant 
 
 
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1principal, or dean of students of any school to suspend pupils 
2guilty of gross disobedience or misconduct, or to suspend 
3pupils guilty of gross disobedience or misconduct on the 
4school bus from riding the school bus, pursuant to subsections 
5(b-15) and (b-20) of this Section, and no action shall lie 
6against them for such suspension. The board may by policy 
7authorize the superintendent of the district or the principal, 
8assistant principal, or dean of students of any school to 
9suspend pupils guilty of such acts for a period not to exceed 
1010 school days. If a pupil is suspended due to gross 
11disobedience or misconduct on a school bus, the board may 
12suspend the pupil in excess of 10 school days for safety 
13reasons. 
14 Any suspension shall be reported immediately to the 
15parents or guardian of a pupil along with a full statement of 
16the reasons for such suspension and a notice of their right to 
17a review. The school board must be given a summary of the 
18notice, including the reason for the suspension and the 
19suspension length. Upon request of the parents or guardian, 
20the school board or a hearing officer appointed by it shall 
21review such action of the superintendent or principal, 
22assistant principal, or dean of students. At such review, the 
23parents or guardian of the pupil may appear and discuss the 
24suspension with the board or its hearing officer. If a hearing 
25officer is appointed by the board, he shall report to the board 
26a written summary of the evidence heard at the meeting. After 
 
 
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1its hearing or upon receipt of the written report of its 
2hearing officer, the board may take such action as it finds 
3appropriate. If a student is suspended pursuant to this 
4subsection (b), the board shall, in the written suspension 
5decision, detail the specific act of gross disobedience or 
6misconduct resulting in the decision to suspend. The 
7suspension decision shall also include a rationale as to the 
8specific duration of the suspension. A pupil who is suspended 
9in excess of 20 school days may be immediately transferred to 
10an alternative program in the manner provided in Article 13A 
11or 13B of this Code. A pupil must not be denied transfer 
12because of the suspension, except in cases in which such 
13transfer is deemed to cause a threat to the safety of students 
14or staff in the alternative program.
15 (b-5) Among the many possible disciplinary interventions 
16and consequences available to school officials, school 
17exclusions, such as out-of-school suspensions and expulsions, 
18are the most serious. School officials shall limit the number 
19and duration of expulsions and suspensions to the greatest 
20extent practicable, and it is recommended that they use them 
21only for legitimate educational purposes. To ensure that 
22students are not excluded from school unnecessarily, it is 
23recommended that school officials consider forms of 
24non-exclusionary discipline prior to using out-of-school 
25suspensions or expulsions.
26 (b-10) Unless otherwise required by federal law or this 
 
 
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1Code, school boards may not institute zero-tolerance policies 
2by which school administrators are required to suspend or 
3expel students for particular behaviors.
4 (b-15) Out-of-school suspensions of 3 days or less may be 
5used only if the student's continuing presence in school would 
6pose a threat to school safety or a disruption to other 
7students' learning opportunities. For purposes of this 
8subsection (b-15), "threat to school safety or a disruption to 
9other students' learning opportunities" shall be determined on 
10a case-by-case basis by the school board or its designee. 
11School officials shall make all reasonable efforts to resolve 
12such threats, address such disruptions, and minimize the 
13length of suspensions to the greatest extent practicable.
14 (b-20) Unless otherwise required by this Code, 
15out-of-school suspensions of longer than 3 days, expulsions, 
16and disciplinary removals to alternative schools may be used 
17only if other appropriate and available behavioral and 
18disciplinary interventions have been exhausted and the 
19student's continuing presence in school would either (i) pose 
20a threat to the safety of other students, staff, or members of 
21the school community or (ii) substantially disrupt, impede, or 
22interfere with the operation of the school. For purposes of 
23this subsection (b-20), "threat to the safety of other 
24students, staff, or members of the school community" and 
25"substantially disrupt, impede, or interfere with the 
26operation of the school" shall be determined on a case-by-case 
 
 
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1basis by school officials. For purposes of this subsection 
2(b-20), the determination of whether "appropriate and 
3available behavioral and disciplinary interventions have been 
4exhausted" shall be made by school officials. School officials 
5shall make all reasonable efforts to resolve such threats, 
6address such disruptions, and minimize the length of student 
7exclusions to the greatest extent practicable. Within the 
8suspension decision described in subsection (b) of this 
9Section or the expulsion decision described in subsection (a) 
10of this Section, it shall be documented whether other 
11interventions were attempted or whether it was determined that 
12there were no other appropriate and available interventions.
13 (b-25) Students who are suspended out-of-school for longer 
14than 4 school days shall be provided appropriate and available 
15support services during the period of their suspension. For 
16purposes of this subsection (b-25), "appropriate and available 
17support services" shall be determined by school authorities. 
18Within the suspension decision described in subsection (b) of 
19this Section, it shall be documented whether such services are 
20to be provided or whether it was determined that there are no 
21such appropriate and available services.
22 A school district may refer students who are expelled to 
23appropriate and available support services.
24 A school district shall create a policy to facilitate the 
25re-engagement of students who are suspended out-of-school, 
26expelled, or returning from an alternative school setting.
 
 
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1 (b-30) A school district shall create a policy by which 
2suspended pupils, including those pupils suspended from the 
3school bus who do not have alternate transportation to school, 
4shall have the opportunity to make up work for equivalent 
5academic credit. It shall be the responsibility of a pupil's 
6parent or guardian to notify school officials that a pupil 
7suspended from the school bus does not have alternate 
8transportation to school. 
9 (c) A school board must invite a representative from a 
10local mental health agency to consult with the board at the 
11meeting whenever there is evidence that mental illness may be 
12the cause of a student's expulsion or suspension.
13 (c-5) School districts shall make reasonable efforts to 
14provide ongoing professional development to teachers, 
15administrators, school board members, school resource 
16officers, and staff on the adverse consequences of school 
17exclusion and justice-system involvement, effective classroom 
18management strategies, culturally responsive discipline, the 
19appropriate and available supportive services for the 
20promotion of student attendance and engagement, and 
21developmentally appropriate disciplinary methods that promote 
22positive and healthy school climates. 
23 (d) The board may expel a student for a definite period of 
24time not to exceed 2 calendar years, as determined on a 
25case-by-case basis. A student who is determined to have 
26brought one of the following objects to school, any 
 
 
SB3200- 88 -LRB103 39081 RLC 69219 b


1school-sponsored activity or event, or any activity or event 
2that bears a reasonable relationship to school shall be 
3expelled for a period of not less than one year:
4  (1) A firearm. For the purposes of this Section, 
5 "firearm" means any gun, rifle, shotgun, weapon as defined 
6 by Section 921 of Title 18 of the United States Code, 
7 firearm as defined in Section 2-7.5 1.1 of the Firearm 
8 Owners Identification Card Act, or firearm as defined in 
9 Section 24-1 of the Criminal Code of 2012. The expulsion 
10 period under this subdivision (1) may be modified by the 
11 superintendent, and the superintendent's determination may 
12 be modified by the board on a case-by-case basis.
13  (2) A knife, brass knuckles or other knuckle weapon 
14 regardless of its composition, a billy club, or any other 
15 object if used or attempted to be used to cause bodily 
16 harm, including "look alikes" of any firearm as defined in 
17 subdivision (1) of this subsection (d). The expulsion 
18 requirement under this subdivision (2) may be modified by 
19 the superintendent, and the superintendent's determination 
20 may be modified by the board on a case-by-case basis. 
21Expulsion or suspension shall be construed in a manner 
22consistent with the federal Individuals with Disabilities 
23Education Act. A student who is subject to suspension or 
24expulsion as provided in this Section may be eligible for a 
25transfer to an alternative school program in accordance with 
26Article 13A of the School Code.
 
 
SB3200- 89 -LRB103 39081 RLC 69219 b


1 (d-5) The board may suspend or by regulation authorize the 
2superintendent of the district or the principal, assistant 
3principal, or dean of students of any school to suspend a 
4student for a period not to exceed 10 school days or may expel 
5a student for a definite period of time not to exceed 2 
6calendar years, as determined on a case-by-case basis, if (i) 
7that student has been determined to have made an explicit 
8threat on an Internet website against a school employee, a 
9student, or any school-related personnel, (ii) the Internet 
10website through which the threat was made is a site that was 
11accessible within the school at the time the threat was made or 
12was available to third parties who worked or studied within 
13the school grounds at the time the threat was made, and (iii) 
14the threat could be reasonably interpreted as threatening to 
15the safety and security of the threatened individual because 
16of his or her duties or employment status or status as a 
17student inside the school. 
18 (e) To maintain order and security in the schools, school 
19authorities may inspect and search places and areas such as 
20lockers, desks, parking lots, and other school property and 
21equipment owned or controlled by the school, as well as 
22personal effects left in those places and areas by students, 
23without notice to or the consent of the student, and without a 
24search warrant. As a matter of public policy, the General 
25Assembly finds that students have no reasonable expectation of 
26privacy in these places and areas or in their personal effects 
 
 
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1left in these places and areas. School authorities may request 
2the assistance of law enforcement officials for the purpose of 
3conducting inspections and searches of lockers, desks, parking 
4lots, and other school property and equipment owned or 
5controlled by the school for illegal drugs, weapons, or other 
6illegal or dangerous substances or materials, including 
7searches conducted through the use of specially trained dogs. 
8If a search conducted in accordance with this Section produces 
9evidence that the student has violated or is violating either 
10the law, local ordinance, or the school's policies or rules, 
11such evidence may be seized by school authorities, and 
12disciplinary action may be taken. School authorities may also 
13turn over such evidence to law enforcement authorities.
14 (f) Suspension or expulsion may include suspension or 
15expulsion from school and all school activities and a 
16prohibition from being present on school grounds.
17 (g) A school district may adopt a policy providing that if 
18a student is suspended or expelled for any reason from any 
19public or private school in this or any other state, the 
20student must complete the entire term of the suspension or 
21expulsion in an alternative school program under Article 13A 
22of this Code or an alternative learning opportunities program 
23under Article 13B of this Code before being admitted into the 
24school district if there is no threat to the safety of students 
25or staff in the alternative program.
26 (h) School officials shall not advise or encourage 
 
 
SB3200- 91 -LRB103 39081 RLC 69219 b


1students to drop out voluntarily due to behavioral or academic 
2difficulties.
3 (i) A student may not be issued a monetary fine or fee as a 
4disciplinary consequence, though this shall not preclude 
5requiring a student to provide restitution for lost, stolen, 
6or damaged property.
7 (j) Subsections (a) through (i) of this Section shall 
8apply to elementary and secondary schools, charter schools, 
9special charter districts, and school districts organized 
10under Article 34 of this Code. 
11 (k) The expulsion of children enrolled in programs funded 
12under Section 1C-2 of this Code is subject to the requirements 
13under paragraph (7) of subsection (a) of Section 2-3.71 of 
14this Code.
15 (l) Beginning with the 2018-2019 school year, an in-school 
16suspension program provided by a school district for any 
17students in kindergarten through grade 12 may focus on 
18promoting non-violent conflict resolution and positive 
19interaction with other students and school personnel. A school 
20district may employ a school social worker or a licensed 
21mental health professional to oversee an in-school suspension 
22program in kindergarten through grade 12. 
23(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
24102-813, eff. 5-13-22.)

25 (Text of Section after amendment by P.A. 102-466)
 
 
SB3200- 92 -LRB103 39081 RLC 69219 b


1 Sec. 10-22.6. Suspension or expulsion of pupils; school 
2searches. 
3 (a) To expel pupils guilty of gross disobedience or 
4misconduct, including gross disobedience or misconduct 
5perpetuated by electronic means, pursuant to subsection (b-20) 
6of this Section, and no action shall lie against them for such 
7expulsion. Expulsion shall take place only after the parents 
8or guardians have been requested to appear at a meeting of the 
9board, or with a hearing officer appointed by it, to discuss 
10their child's behavior. Such request shall be made by 
11registered or certified mail and shall state the time, place 
12and purpose of the meeting. The board, or a hearing officer 
13appointed by it, at such meeting shall state the reasons for 
14dismissal and the date on which the expulsion is to become 
15effective. If a hearing officer is appointed by the board, he 
16shall report to the board a written summary of the evidence 
17heard at the meeting and the board may take such action thereon 
18as it finds appropriate. If the board acts to expel a pupil, 
19the written expulsion decision shall detail the specific 
20reasons why removing the pupil from the learning environment 
21is in the best interest of the school. The expulsion decision 
22shall also include a rationale as to the specific duration of 
23the expulsion. An expelled pupil may be immediately 
24transferred to an alternative program in the manner provided 
25in Article 13A or 13B of this Code. A pupil must not be denied 
26transfer because of the expulsion, except in cases in which 
 
 
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1such transfer is deemed to cause a threat to the safety of 
2students or staff in the alternative program.
3 (b) To suspend or by policy to authorize the 
4superintendent of the district or the principal, assistant 
5principal, or dean of students of any school to suspend pupils 
6guilty of gross disobedience or misconduct, or to suspend 
7pupils guilty of gross disobedience or misconduct on the 
8school bus from riding the school bus, pursuant to subsections 
9(b-15) and (b-20) of this Section, and no action shall lie 
10against them for such suspension. The board may by policy 
11authorize the superintendent of the district or the principal, 
12assistant principal, or dean of students of any school to 
13suspend pupils guilty of such acts for a period not to exceed 
1410 school days. If a pupil is suspended due to gross 
15disobedience or misconduct on a school bus, the board may 
16suspend the pupil in excess of 10 school days for safety 
17reasons. 
18 Any suspension shall be reported immediately to the 
19parents or guardians of a pupil along with a full statement of 
20the reasons for such suspension and a notice of their right to 
21a review. The school board must be given a summary of the 
22notice, including the reason for the suspension and the 
23suspension length. Upon request of the parents or guardians, 
24the school board or a hearing officer appointed by it shall 
25review such action of the superintendent or principal, 
26assistant principal, or dean of students. At such review, the 
 
 
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1parents or guardians of the pupil may appear and discuss the 
2suspension with the board or its hearing officer. If a hearing 
3officer is appointed by the board, he shall report to the board 
4a written summary of the evidence heard at the meeting. After 
5its hearing or upon receipt of the written report of its 
6hearing officer, the board may take such action as it finds 
7appropriate. If a student is suspended pursuant to this 
8subsection (b), the board shall, in the written suspension 
9decision, detail the specific act of gross disobedience or 
10misconduct resulting in the decision to suspend. The 
11suspension decision shall also include a rationale as to the 
12specific duration of the suspension. A pupil who is suspended 
13in excess of 20 school days may be immediately transferred to 
14an alternative program in the manner provided in Article 13A 
15or 13B of this Code. A pupil must not be denied transfer 
16because of the suspension, except in cases in which such 
17transfer is deemed to cause a threat to the safety of students 
18or staff in the alternative program.
19 (b-5) Among the many possible disciplinary interventions 
20and consequences available to school officials, school 
21exclusions, such as out-of-school suspensions and expulsions, 
22are the most serious. School officials shall limit the number 
23and duration of expulsions and suspensions to the greatest 
24extent practicable, and it is recommended that they use them 
25only for legitimate educational purposes. To ensure that 
26students are not excluded from school unnecessarily, it is 
 
 
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1recommended that school officials consider forms of 
2non-exclusionary discipline prior to using out-of-school 
3suspensions or expulsions.
4 (b-10) Unless otherwise required by federal law or this 
5Code, school boards may not institute zero-tolerance policies 
6by which school administrators are required to suspend or 
7expel students for particular behaviors.
8 (b-15) Out-of-school suspensions of 3 days or less may be 
9used only if the student's continuing presence in school would 
10pose a threat to school safety or a disruption to other 
11students' learning opportunities. For purposes of this 
12subsection (b-15), "threat to school safety or a disruption to 
13other students' learning opportunities" shall be determined on 
14a case-by-case basis by the school board or its designee. 
15School officials shall make all reasonable efforts to resolve 
16such threats, address such disruptions, and minimize the 
17length of suspensions to the greatest extent practicable.
18 (b-20) Unless otherwise required by this Code, 
19out-of-school suspensions of longer than 3 days, expulsions, 
20and disciplinary removals to alternative schools may be used 
21only if other appropriate and available behavioral and 
22disciplinary interventions have been exhausted and the 
23student's continuing presence in school would either (i) pose 
24a threat to the safety of other students, staff, or members of 
25the school community or (ii) substantially disrupt, impede, or 
26interfere with the operation of the school. For purposes of 
 
 
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1this subsection (b-20), "threat to the safety of other 
2students, staff, or members of the school community" and 
3"substantially disrupt, impede, or interfere with the 
4operation of the school" shall be determined on a case-by-case 
5basis by school officials. For purposes of this subsection 
6(b-20), the determination of whether "appropriate and 
7available behavioral and disciplinary interventions have been 
8exhausted" shall be made by school officials. School officials 
9shall make all reasonable efforts to resolve such threats, 
10address such disruptions, and minimize the length of student 
11exclusions to the greatest extent practicable. Within the 
12suspension decision described in subsection (b) of this 
13Section or the expulsion decision described in subsection (a) 
14of this Section, it shall be documented whether other 
15interventions were attempted or whether it was determined that 
16there were no other appropriate and available interventions.
17 (b-25) Students who are suspended out-of-school for longer 
18than 4 school days shall be provided appropriate and available 
19support services during the period of their suspension. For 
20purposes of this subsection (b-25), "appropriate and available 
21support services" shall be determined by school authorities. 
22Within the suspension decision described in subsection (b) of 
23this Section, it shall be documented whether such services are 
24to be provided or whether it was determined that there are no 
25such appropriate and available services.
26 A school district may refer students who are expelled to 
 
 
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1appropriate and available support services.
2 A school district shall create a policy to facilitate the 
3re-engagement of students who are suspended out-of-school, 
4expelled, or returning from an alternative school setting.
5 (b-30) A school district shall create a policy by which 
6suspended pupils, including those pupils suspended from the 
7school bus who do not have alternate transportation to school, 
8shall have the opportunity to make up work for equivalent 
9academic credit. It shall be the responsibility of a pupil's 
10parents or guardians to notify school officials that a pupil 
11suspended from the school bus does not have alternate 
12transportation to school. 
13 (b-35) In all suspension review hearings conducted under 
14subsection (b) or expulsion hearings conducted under 
15subsection (a), a student may disclose any factor to be 
16considered in mitigation, including his or her status as a 
17parent, expectant parent, or victim of domestic or sexual 
18violence, as defined in Article 26A. A representative of the 
19parent's or guardian's choice, or of the student's choice if 
20emancipated, must be permitted to represent the student 
21throughout the proceedings and to address the school board or 
22its appointed hearing officer. With the approval of the 
23student's parent or guardian, or of the student if 
24emancipated, a support person must be permitted to accompany 
25the student to any disciplinary hearings or proceedings. The 
26representative or support person must comply with any rules of 
 
 
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1the school district's hearing process. If the representative 
2or support person violates the rules or engages in behavior or 
3advocacy that harasses, abuses, or intimidates either party, a 
4witness, or anyone else in attendance at the hearing, the 
5representative or support person may be prohibited from 
6further participation in the hearing or proceeding. A 
7suspension or expulsion proceeding under this subsection 
8(b-35) must be conducted independently from any ongoing 
9criminal investigation or proceeding, and an absence of 
10pending or possible criminal charges, criminal investigations, 
11or proceedings may not be a factor in school disciplinary 
12decisions.
13 (b-40) During a suspension review hearing conducted under 
14subsection (b) or an expulsion hearing conducted under 
15subsection (a) that involves allegations of sexual violence by 
16the student who is subject to discipline, neither the student 
17nor his or her representative shall directly question nor have 
18direct contact with the alleged victim. The student who is 
19subject to discipline or his or her representative may, at the 
20discretion and direction of the school board or its appointed 
21hearing officer, suggest questions to be posed by the school 
22board or its appointed hearing officer to the alleged victim. 
23 (c) A school board must invite a representative from a 
24local mental health agency to consult with the board at the 
25meeting whenever there is evidence that mental illness may be 
26the cause of a student's expulsion or suspension.
 
 
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1 (c-5) School districts shall make reasonable efforts to 
2provide ongoing professional development to teachers, 
3administrators, school board members, school resource 
4officers, and staff on the adverse consequences of school 
5exclusion and justice-system involvement, effective classroom 
6management strategies, culturally responsive discipline, the 
7appropriate and available supportive services for the 
8promotion of student attendance and engagement, and 
9developmentally appropriate disciplinary methods that promote 
10positive and healthy school climates. 
11 (d) The board may expel a student for a definite period of 
12time not to exceed 2 calendar years, as determined on a 
13case-by-case basis. A student who is determined to have 
14brought one of the following objects to school, any 
15school-sponsored activity or event, or any activity or event 
16that bears a reasonable relationship to school shall be 
17expelled for a period of not less than one year:
18  (1) A firearm. For the purposes of this Section, 
19 "firearm" means any gun, rifle, shotgun, weapon as defined 
20 by Section 921 of Title 18 of the United States Code, 
21 firearm as defined in Section 2-7.5 1.1 of the Firearm 
22 Owners Identification Card Act, or firearm as defined in 
23 Section 24-1 of the Criminal Code of 2012. The expulsion 
24 period under this subdivision (1) may be modified by the 
25 superintendent, and the superintendent's determination may 
26 be modified by the board on a case-by-case basis.
 
 
SB3200- 100 -LRB103 39081 RLC 69219 b


1  (2) A knife, brass knuckles or other knuckle weapon 
2 regardless of its composition, a billy club, or any other 
3 object if used or attempted to be used to cause bodily 
4 harm, including "look alikes" of any firearm as defined in 
5 subdivision (1) of this subsection (d). The expulsion 
6 requirement under this subdivision (2) may be modified by 
7 the superintendent, and the superintendent's determination 
8 may be modified by the board on a case-by-case basis. 
9Expulsion or suspension shall be construed in a manner 
10consistent with the federal Individuals with Disabilities 
11Education Act. A student who is subject to suspension or 
12expulsion as provided in this Section may be eligible for a 
13transfer to an alternative school program in accordance with 
14Article 13A of the School Code.
15 (d-5) The board may suspend or by regulation authorize the 
16superintendent of the district or the principal, assistant 
17principal, or dean of students of any school to suspend a 
18student for a period not to exceed 10 school days or may expel 
19a student for a definite period of time not to exceed 2 
20calendar years, as determined on a case-by-case basis, if (i) 
21that student has been determined to have made an explicit 
22threat on an Internet website against a school employee, a 
23student, or any school-related personnel, (ii) the Internet 
24website through which the threat was made is a site that was 
25accessible within the school at the time the threat was made or 
26was available to third parties who worked or studied within 
 
 
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1the school grounds at the time the threat was made, and (iii) 
2the threat could be reasonably interpreted as threatening to 
3the safety and security of the threatened individual because 
4of his or her duties or employment status or status as a 
5student inside the school. 
6 (e) To maintain order and security in the schools, school 
7authorities may inspect and search places and areas such as 
8lockers, desks, parking lots, and other school property and 
9equipment owned or controlled by the school, as well as 
10personal effects left in those places and areas by students, 
11without notice to or the consent of the student, and without a 
12search warrant. As a matter of public policy, the General 
13Assembly finds that students have no reasonable expectation of 
14privacy in these places and areas or in their personal effects 
15left in these places and areas. School authorities may request 
16the assistance of law enforcement officials for the purpose of 
17conducting inspections and searches of lockers, desks, parking 
18lots, and other school property and equipment owned or 
19controlled by the school for illegal drugs, weapons, or other 
20illegal or dangerous substances or materials, including 
21searches conducted through the use of specially trained dogs. 
22If a search conducted in accordance with this Section produces 
23evidence that the student has violated or is violating either 
24the law, local ordinance, or the school's policies or rules, 
25such evidence may be seized by school authorities, and 
26disciplinary action may be taken. School authorities may also 
 
 
SB3200- 102 -LRB103 39081 RLC 69219 b


1turn over such evidence to law enforcement authorities.
2 (f) Suspension or expulsion may include suspension or 
3expulsion from school and all school activities and a 
4prohibition from being present on school grounds.
5 (g) A school district may adopt a policy providing that if 
6a student is suspended or expelled for any reason from any 
7public or private school in this or any other state, the 
8student must complete the entire term of the suspension or 
9expulsion in an alternative school program under Article 13A 
10of this Code or an alternative learning opportunities program 
11under Article 13B of this Code before being admitted into the 
12school district if there is no threat to the safety of students 
13or staff in the alternative program. A school district that 
14adopts a policy under this subsection (g) must include a 
15provision allowing for consideration of any mitigating 
16factors, including, but not limited to, a student's status as 
17a parent, expectant parent, or victim of domestic or sexual 
18violence, as defined in Article 26A. 
19 (h) School officials shall not advise or encourage 
20students to drop out voluntarily due to behavioral or academic 
21difficulties.
22 (i) A student may not be issued a monetary fine or fee as a 
23disciplinary consequence, though this shall not preclude 
24requiring a student to provide restitution for lost, stolen, 
25or damaged property.
26 (j) Subsections (a) through (i) of this Section shall 
 
 
SB3200- 103 -LRB103 39081 RLC 69219 b


1apply to elementary and secondary schools, charter schools, 
2special charter districts, and school districts organized 
3under Article 34 of this Code. 
4 (k) The expulsion of children enrolled in programs funded 
5under Section 1C-2 of this Code is subject to the requirements 
6under paragraph (7) of subsection (a) of Section 2-3.71 of 
7this Code.
8 (l) Beginning with the 2018-2019 school year, an in-school 
9suspension program provided by a school district for any 
10students in kindergarten through grade 12 may focus on 
11promoting non-violent conflict resolution and positive 
12interaction with other students and school personnel. A school 
13district may employ a school social worker or a licensed 
14mental health professional to oversee an in-school suspension 
15program in kindergarten through grade 12. 
16(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
17102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

18 (105 ILCS 5/10-27.1A)
19 Sec. 10-27.1A. Firearms in schools. 
20 (a) All school officials, including teachers, school 
21counselors, and support staff, shall immediately notify the 
22office of the principal in the event that they observe any 
23person in possession of a firearm on school grounds; provided 
24that taking such immediate action to notify the office of the 
25principal would not immediately endanger the health, safety, 
 
 
SB3200- 104 -LRB103 39081 RLC 69219 b


1or welfare of students who are under the direct supervision of 
2the school official or the school official. If the health, 
3safety, or welfare of students under the direct supervision of 
4the school official or of the school official is immediately 
5endangered, the school official shall notify the office of the 
6principal as soon as the students under his or her supervision 
7and he or she are no longer under immediate danger. A report is 
8not required by this Section when the school official knows 
9that the person in possession of the firearm is a law 
10enforcement official engaged in the conduct of his or her 
11official duties. Any school official acting in good faith who 
12makes such a report under this Section shall have immunity 
13from any civil or criminal liability that might otherwise be 
14incurred as a result of making the report. The identity of the 
15school official making such report shall not be disclosed 
16except as expressly and specifically authorized by law. 
17Knowingly and willfully failing to comply with this Section is 
18a petty offense. A second or subsequent offense is a Class C 
19misdemeanor.
20 (b) Upon receiving a report from any school official 
21pursuant to this Section, or from any other person, the 
22principal or his or her designee shall immediately notify a 
23local law enforcement agency. If the person found to be in 
24possession of a firearm on school grounds is a student, the 
25principal or his or her designee shall also immediately notify 
26that student's parent or guardian. Any principal or his or her 
 
 
SB3200- 105 -LRB103 39081 RLC 69219 b


1designee acting in good faith who makes such reports under 
2this Section shall have immunity from any civil or criminal 
3liability that might otherwise be incurred or imposed as a 
4result of making the reports. Knowingly and willfully failing 
5to comply with this Section is a petty offense. A second or 
6subsequent offense is a Class C misdemeanor. If the person 
7found to be in possession of the firearm on school grounds is a 
8minor, the law enforcement agency shall detain that minor 
9until such time as the agency makes a determination pursuant 
10to clause (a) of subsection (1) of Section 5-401 of the 
11Juvenile Court Act of 1987, as to whether the agency 
12reasonably believes that the minor is delinquent. If the law 
13enforcement agency determines that probable cause exists to 
14believe that the minor committed a violation of item (4) of 
15subsection (a) of Section 24-1 of the Criminal Code of 2012 
16while on school grounds, the agency shall detain the minor for 
17processing pursuant to Section 5-407 of the Juvenile Court Act 
18of 1987.
19 (c) Upon receipt of any written, electronic, or verbal 
20report from any school personnel regarding a verified incident 
21involving a firearm in a school or on school owned or leased 
22property, including any conveyance owned, leased, or used by 
23the school for the transport of students or school personnel, 
24the superintendent or his or her designee shall report all 
25such firearm-related incidents occurring in a school or on 
26school property to the local law enforcement authorities 
 
 
SB3200- 106 -LRB103 39081 RLC 69219 b


1immediately, who shall report to the Illinois State Police in 
2a form, manner, and frequency as prescribed by the Illinois 
3State Police.
4 The State Board of Education shall receive an annual 
5statistical compilation and related data associated with 
6incidents involving firearms in schools from the Illinois 
7State Police. The State Board of Education shall compile this 
8information by school district and make it available to the 
9public.
10 (d) As used in this Section, the term "firearm" shall have 
11the meaning ascribed to it in Section 2-7.5 of the Criminal 
12Code of 2012 1.1 of the Firearm Owners Identification Card 
13Act.
14 As used in this Section, the term "school" means any 
15public or private elementary or secondary school.
16 As used in this Section, the term "school grounds" 
17includes the real property comprising any school, any 
18conveyance owned, leased, or contracted by a school to 
19transport students to or from school or a school-related 
20activity, or any public way within 1,000 feet of the real 
21property comprising any school.
22(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
23102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

24 (105 ILCS 5/34-8.05)
25 Sec. 34-8.05. Reporting firearms in schools. On or after 
 
 
SB3200- 107 -LRB103 39081 RLC 69219 b


1January 1, 1997, upon receipt of any written, electronic, or 
2verbal report from any school personnel regarding a verified 
3incident involving a firearm in a school or on school owned or 
4leased property, including any conveyance owned, leased, or 
5used by the school for the transport of students or school 
6personnel, the general superintendent or his or her designee 
7shall report all such firearm-related incidents occurring in a 
8school or on school property to the local law enforcement 
9authorities no later than 24 hours after the occurrence of the 
10incident and to the Illinois State Police in a form, manner, 
11and frequency as prescribed by the Illinois State Police.
12 The State Board of Education shall receive an annual 
13statistical compilation and related data associated with 
14incidents involving firearms in schools from the Illinois 
15State Police. As used in this Section, the term "firearm" 
16shall have the meaning ascribed to it in Section 2-7.5 of the 
17Criminal Code of 2012 1.1 of the Firearm Owners Identification 
18Card Act.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 105. The Illinois Explosives Act is amended by 
21changing Section 2005 as follows:

22 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
23 Sec. 2005. Qualifications for licensure. 
24 (a) No person shall qualify to hold a license who:
 
 
SB3200- 108 -LRB103 39081 RLC 69219 b


1  (1) is under 21 years of age;
2  (2) has been convicted in any court of a crime 
3 punishable by imprisonment for a term exceeding one year;
4  (3) is under indictment for a crime punishable by 
5 imprisonment for a term exceeding one year;
6  (4) is a fugitive from justice;
7  (5) is an unlawful user of or addicted to any 
8 controlled substance as defined in Section 102 of the 
9 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
10 seq.);
11  (6) has been adjudicated a person with a mental 
12 disability as defined in Section 6-103.1 of the Mental 
13 Health and Developmental Disabilities Code 1.1 of the 
14 Firearm Owners Identification Card Act; or
15  (7) is not a legal citizen of the United States or 
16 lawfully admitted for permanent residence.
17 (b) A person who has been granted a "relief from 
18disabilities" regarding criminal convictions and indictments, 
19pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
20845) may receive a license provided all other qualifications 
21under this Act are met. 
22(Source: P.A. 101-541, eff. 8-23-19.)

23 Section 110. The Private Detective, Private Alarm, Private 
24Security, and Locksmith Act of 2004 is amended by changing 
25Sections 35-30 and 35-35 as follows:

 
 
SB3200- 109 -LRB103 39081 RLC 69219 b


1 (225 ILCS 447/35-30)
2 (Section scheduled to be repealed on January 1, 2029)
3 Sec. 35-30. Employee requirements. All employees of a 
4licensed agency, other than those exempted, shall apply for a 
5permanent employee registration card. The holder of an agency 
6license issued under this Act, known in this Section as 
7"employer", may employ in the conduct of the employer's 
8business employees under the following provisions: 
9 (a) No person shall be issued a permanent employee 
10registration card who:
11  (1) Is younger than 18 years of age.
12  (2) Is younger than 21 years of age if the services 
13 will include being armed.
14  (3) Has been determined by the Department to be unfit 
15 by reason of conviction of an offense in this or another 
16 state, including registration as a sex offender, but not 
17 including a traffic offense. Persons convicted of felonies 
18 involving bodily harm, weapons, violence, or theft within 
19 the previous 10 years shall be presumed to be unfit for 
20 registration. The Department shall adopt rules for making 
21 those determinations that shall afford the applicant due 
22 process of law.
23  (4) Has had a license or permanent employee 
24 registration card denied, suspended, or revoked under this 
25 Act (i) within one year before the date the person's 
 
 
SB3200- 110 -LRB103 39081 RLC 69219 b


1 application for permanent employee registration card is 
2 received by the Department; and (ii) that refusal, denial, 
3 suspension, or revocation was based on any provision of 
4 this Act other than Section 40-50, item (6) or (8) of 
5 subsection (a) of Section 15-10, subsection (b) of Section 
6 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
7 subsection (b) of Section 20-10, item (6) or (8) of 
8 subsection (a) of Section 25-10, subsection (b) of Section 
9 25-10, item (7) of subsection (a) of Section 30-10, 
10 subsection (b) of Section 30-10, or Section 10-40.
11  (5) Has been declared incompetent by any court of 
12 competent jurisdiction by reason of mental disease or 
13 defect and has not been restored.
14  (6) Has been dishonorably discharged from the armed 
15 services of the United States. 
16 (b) No person may be employed by a private detective 
17agency, private security contractor agency, private alarm 
18contractor agency, fingerprint vendor agency, or locksmith 
19agency under this Section until the person has executed and 
20furnished to the employer, on forms furnished by the 
21Department, a verified statement to be known as "Employee's 
22Statement" setting forth:
23  (1) The person's full name, age, and residence 
24 address.
25  (2) The business or occupation engaged in for the 5 
26 years immediately before the date of the execution of the 
 
 
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1 statement, the place where the business or occupation was 
2 engaged in, and the names of employers, if any.
3  (3) That the person has not had a license or employee 
4 registration denied, revoked, or suspended under this Act 
5 (i) within one year before the date the person's 
6 application for permanent employee registration card is 
7 received by the Department; and (ii) that refusal, denial, 
8 suspension, or revocation was based on any provision of 
9 this Act other than Section 40-50, item (6) or (8) of 
10 subsection (a) of Section 15-10, subsection (b) of Section 
11 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
12 subsection (b) of Section 20-10, item (6) or (8) of 
13 subsection (a) of Section 25-10, subsection (b) of Section 
14 25-10, item (7) of subsection (a) of Section 30-10, 
15 subsection (b) of Section 30-10, or Section 10-40.
16  (4) Any conviction of a felony or misdemeanor.
17  (5) Any declaration of incompetence by a court of 
18 competent jurisdiction that has not been restored.
19  (6) Any dishonorable discharge from the armed services 
20 of the United States.
21  (7) Any other information as may be required by any 
22 rule of the Department to show the good character, 
23 competency, and integrity of the person executing the 
24 statement.
25 (c) Each applicant for a permanent employee registration 
26card shall have the applicant's fingerprints submitted to the 
 
 
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1Illinois State Police in an electronic format that complies 
2with the form and manner for requesting and furnishing 
3criminal history record information as prescribed by the 
4Illinois State Police. These fingerprints shall be checked 
5against the Illinois State Police and Federal Bureau of 
6Investigation criminal history record databases now and 
7hereafter filed. The Illinois State Police shall charge 
8applicants a fee for conducting the criminal history records 
9check, which shall be deposited in the State Police Services 
10Fund and shall not exceed the actual cost of the records check. 
11The Illinois State Police shall furnish, pursuant to positive 
12identification, records of Illinois convictions to the 
13Department. The Department may require applicants to pay a 
14separate fingerprinting fee, either to the Department or 
15directly to the vendor. The Department, in its discretion, may 
16allow an applicant who does not have reasonable access to a 
17designated vendor to provide the applicant's fingerprints in 
18an alternative manner. The Department, in its discretion, may 
19also use other procedures in performing or obtaining criminal 
20background checks of applicants. Instead of submitting the 
21applicant's fingerprints, an individual may submit proof that 
22is satisfactory to the Department that an equivalent security 
23clearance has been conducted. Also, an individual who has 
24retired as a peace officer within 12 months of application may 
25submit verification, on forms provided by the Department and 
26signed by the applicant's employer, of the applicant's 
 
 
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1previous full-time employment as a peace officer.
2 (d) The Department shall issue a permanent employee 
3registration card, in a form the Department prescribes, to all 
4qualified applicants. The holder of a permanent employee 
5registration card shall carry the card at all times while 
6actually engaged in the performance of the duties of the 
7employee's employment. Expiration and requirements for renewal 
8of permanent employee registration cards shall be established 
9by rule of the Department. Possession of a permanent employee 
10registration card does not in any way imply that the holder of 
11the card is employed by an agency unless the permanent 
12employee registration card is accompanied by the employee 
13identification card required by subsection (f) of this 
14Section.
15 (e) Each employer shall maintain a record of each employee 
16that is accessible to the duly authorized representatives of 
17the Department. The record shall contain the following 
18information:
19  (1) A photograph taken within 10 days of the date that 
20 the employee begins employment with the employer. The 
21 photograph shall be replaced with a current photograph 
22 every 3 calendar years.
23  (2) The Employee's Statement specified in subsection 
24 (b) of this Section.
25  (3) All correspondence or documents relating to the 
26 character and integrity of the employee received by the 
 
 
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1 employer from any official source or law enforcement 
2 agency.
3  (4) In the case of former employees, the employee 
4 identification card of that person issued under subsection 
5 (f) of this Section. Each employee record shall duly note 
6 if the employee is employed in an armed capacity. Armed 
7 employee files shall contain a copy of an active firearm 
8 owner's identification card and a copy of an active 
9 firearm control card. Each employer shall maintain a 
10 record for each armed employee of each instance in which 
11 the employee's weapon was discharged during the course of 
12 the employee's professional duties or activities. The 
13 record shall be maintained on forms provided by the 
14 Department, a copy of which must be filed with the 
15 Department within 15 days of an instance. The record shall 
16 include the date and time of the occurrence, the 
17 circumstances involved in the occurrence, and any other 
18 information as the Department may require. Failure to 
19 provide this information to the Department or failure to 
20 maintain the record as a part of each armed employee's 
21 permanent file is grounds for disciplinary action. The 
22 Department, upon receipt of a report, shall have the 
23 authority to make any investigation it considers 
24 appropriate into any occurrence in which an employee's 
25 weapon was discharged and to take disciplinary action as 
26 may be appropriate.
 
 
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1  (5) A copy of the employee's permanent employee 
2 registration card or a copy of the Department's "License 
3 Lookup" Webpage showing that the employee has been issued 
4 a valid permanent employee registration card by the 
5 Department.  
6 The Department may, by rule, prescribe further record 
7requirements.
8 (f) Every employer shall furnish an employee 
9identification card to each of the employer's employees. This 
10employee identification card shall contain a recent photograph 
11of the employee, the employee's name, the name and agency 
12license number of the employer, the employee's personal 
13description, the signature of the employer, the signature of 
14that employee, the date of issuance, and an employee 
15identification card number.
16 (g) No employer may issue an employee identification card 
17to any person who is not employed by the employer in accordance 
18with this Section or falsely state or represent that a person 
19is or has been in the employer's employ. It is unlawful for an 
20applicant for registered employment to file with the 
21Department the fingerprints of a person other than himself or 
22herself.
23 (h) Every employer shall obtain the identification card of 
24every employee who terminates employment with the employer.
25 (i) Every employer shall maintain a separate roster of the 
26names of all employees currently working in an armed capacity 
 
 
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1and submit the roster to the Department on request.
2 (j) No agency may employ any person to perform a licensed 
3activity under this Act unless the person possesses a valid 
4permanent employee registration card or a valid license under 
5this Act, or is exempt pursuant to subsection (n).
6 (k) Notwithstanding the provisions of subsection (j), an 
7agency may employ a person in a temporary capacity if all of 
8the following conditions are met:
9  (1) The agency completes in its entirety and submits 
10 to the Department an application for a permanent employee 
11 registration card, including the required fingerprint 
12 receipt and fees.
13  (2) The agency has verification from the Department 
14 that the applicant has no record of any criminal 
15 conviction pursuant to the criminal history check 
16 conducted by the Illinois State Police. The agency shall 
17 maintain the verification of the results of the Illinois 
18 State Police criminal history check as part of the 
19 employee record as required under subsection (e) of this 
20 Section.
21  (3) The agency exercises due diligence to ensure that 
22 the person is qualified under the requirements of this Act 
23 to be issued a permanent employee registration card.
24  (4) The agency maintains a separate roster of the 
25 names of all employees whose applications are currently 
26 pending with the Department and submits the roster to the 
 
 
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1 Department on a monthly basis. Rosters are to be 
2 maintained by the agency for a period of at least 24 
3 months.
4 An agency may employ only a permanent employee applicant 
5for which it either submitted a permanent employee application 
6and all required forms and fees or it confirms with the 
7Department that a permanent employee application and all 
8required forms and fees have been submitted by another agency, 
9licensee or the permanent employee and all other requirements 
10of this Section are met.
11 The Department shall have the authority to revoke, without 
12a hearing, the temporary authority of an individual to work 
13upon receipt of Federal Bureau of Investigation fingerprint 
14data or a report of another official authority indicating a 
15criminal conviction. If the Department has not received a 
16temporary employee's Federal Bureau of Investigation 
17fingerprint data within 120 days of the date the Department 
18received the Illinois State Police fingerprint data, the 
19Department may, at its discretion, revoke the employee's 
20temporary authority to work with 15 days written notice to the 
21individual and the employing agency.
22 An agency may not employ a person in a temporary capacity 
23if it knows or reasonably should have known that the person has 
24been convicted of a crime under the laws of this State, has 
25been convicted in another state of any crime that is a crime 
26under the laws of this State, has been convicted of any crime 
 
 
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1in a federal court, or has been posted as an unapproved 
2applicant by the Department. Notice by the Department to the 
3agency, via certified mail, personal delivery, electronic 
4mail, or posting on the Department's Internet site accessible 
5to the agency that the person has been convicted of a crime 
6shall be deemed constructive knowledge of the conviction on 
7the part of the agency. The Department may adopt rules to 
8implement this subsection (k).
9 (l) No person may be employed under this Section in any 
10capacity if:
11  (1) the person, while so employed, is being paid by 
12 the United States or any political subdivision for the 
13 time so employed in addition to any payments the person 
14 may receive from the employer; or
15  (2) the person wears any portion of the person's 
16 official uniform, emblem of authority, or equipment while 
17 so employed.
18 (m) If information is discovered affecting the 
19registration of a person whose fingerprints were submitted 
20under this Section, the Department shall so notify the agency 
21that submitted the fingerprints on behalf of that person.
22 (n) Peace officers shall be exempt from the requirements 
23of this Section relating to permanent employee registration 
24cards. The agency shall remain responsible for any peace 
25officer employed under this exemption, regardless of whether 
26the peace officer is compensated as an employee or as an 
 
 
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1independent contractor and as further defined by rule.
2 (o) Persons who have no access to confidential or security 
3information, who do not go to a client's or prospective 
4client's residence or place of business, and who otherwise do 
5not provide traditional security services are exempt from 
6employee registration. Examples of exempt employees include, 
7but are not limited to, employees working in the capacity of 
8ushers, directors, ticket takers, cashiers, drivers, and 
9reception personnel. Confidential or security information is 
10that which pertains to employee files, scheduling, client 
11contracts, or technical security and alarm data.
12 (p) An applicant who is 21 years of age or older seeking a 
13religious exemption to the photograph requirement of this 
14Section shall furnish with the application an approved copy of 
15United States Department of the Treasury Internal Revenue 
16Service Form 4029. Regardless of age, an applicant seeking a 
17religious exemption to this photograph requirement shall 
18submit fingerprints in a form and manner prescribed by the 
19Department with the applicant's application in lieu of a 
20photograph. 
21(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

22 (225 ILCS 447/35-35)
23 (Section scheduled to be repealed on January 1, 2029)
24 Sec. 35-35. Requirement of a firearm control card. 
25 (a) No person shall perform duties that include the use, 
 
 
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1carrying, or possession of a firearm in the performance of 
2those duties without complying with the provisions of this 
3Section and having been issued a valid firearm control card by 
4the Department.
5 (b) No employer shall employ any person to perform the 
6duties for which licensure or employee registration is 
7required and allow that person to carry a firearm unless that 
8person has complied with all the firearm training requirements 
9of this Section and has been issued a firearm control card. 
10This Act permits only the following to carry firearms while 
11actually engaged in the performance of their duties or while 
12commuting directly to or from their places of employment: 
13persons licensed as private detectives and their registered 
14employees; persons licensed as private security contractors 
15and their registered employees; persons licensed as private 
16alarm contractors and their registered employees; and 
17employees of a registered armed proprietary security force.
18 (c) Possession of a valid firearm control card allows a 
19licensee or employee to carry a firearm not otherwise 
20prohibited by law while the licensee or employee is engaged in 
21the performance of the licensee's or employee's duties or 
22while the licensee or employee is commuting directly to or 
23from the licensee's or employee's place or places of 
24employment.
25 (d) The Department shall issue a firearm control card to a 
26person who has passed an approved firearm training course, who 
 
 
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1is currently licensed or employed by an agency licensed by 
2this Act and has met all the requirements of this Act, and who 
3is not prohibited under State or federal law from possessing a 
4firearm possesses a valid firearm owner identification card. 
5Application for the firearm control card shall be made by the 
6employer to the Department on forms provided by the 
7Department. The Department shall forward the card to the 
8employer who shall be responsible for its issuance to the 
9licensee or employee. The firearm control card shall be issued 
10by the Department and shall identify the person holding it and 
11the name of the course where the licensee or employee received 
12firearm instruction and shall specify the type of weapon or 
13weapons the person is authorized by the Department to carry 
14and for which the person has been trained.
15 (e) Expiration and requirements for renewal of firearm 
16control cards shall be determined by rule.
17 (f) The Department may, in addition to any other 
18disciplinary action permitted by this Act, refuse to issue, 
19suspend, or revoke a firearm control card if the applicant or 
20holder has been convicted of any felony or crime involving the 
21illegal use, carrying, or possession of a deadly weapon or for 
22a violation of this Act or rules adopted promulgated under 
23this Act. The Department shall refuse to issue or shall revoke 
24a firearm control card if the applicant or holder is 
25prohibited under State or federal law from possessing a 
26firearm fails to possess a valid firearm owners identification 
 
 
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1card without hearing. The Secretary shall summarily suspend a 
2firearm control card if the Secretary finds that its continued 
3use would constitute an imminent danger to the public. A 
4hearing shall be held before the Board within 30 days if the 
5Secretary summarily suspends a firearm control card.
6 (g) Notwithstanding any other provision of this Act to the 
7contrary, all requirements relating to firearms control cards 
8do not apply to a peace officer. If an individual ceases to be 
9employed as a peace officer and continues to perform services 
10in an armed capacity under this Act that are licensed 
11activities, then the individual is required to obtain a 
12permanent employee registration card pursuant to Section 35-30 
13of this Act and must possess a valid Firearm Owner's 
14Identification Card, but is not required to obtain a firearm 
15control card if the individual is otherwise in continuing 
16compliance with the federal Law Enforcement Officers Safety 
17Act of 2004. If an individual elects to carry a firearm 
18pursuant to the federal Law Enforcement Officers Safety Act of 
192004, then the agency employing the officer shall submit an 
20application to the Department for issuance of a waiver card 
21along with a fee specified by rule. 
22 (h) The Department may issue a temporary firearm control 
23card pending issuance of a new firearm control card upon an 
24agency's acquiring of an established armed account. An agency 
25that has acquired armed employees as a result of acquiring an 
26established armed account may, on forms supplied by the 
 
 
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1Department, request the issuance of a temporary firearm 
2control card for each acquired employee who held a valid 
3firearm control card under the employer's employment with the 
4newly acquired established armed account immediately preceding 
5the acquiring of the account and who continues to meet all of 
6the qualifications for issuance of a firearm control card set 
7forth in this Act and any rules adopted under this Act. The 
8Department shall, by rule, set the fee for issuance of a 
9temporary firearm control card. 
10 (i) The Department shall not issue a firearm control card 
11to a licensed fingerprint vendor or a licensed locksmith or 
12employees of a licensed fingerprint vendor agency or a 
13licensed locksmith agency. 
14(Source: P.A. 103-309, eff. 1-1-24.)

15 Section 115. The Illinois Gambling Act is amended by 
16changing Section 5.4 as follows:

17 (230 ILCS 10/5.4)
18 Sec. 5.4. Retiring investigators; purchase of service 
19firearm and badge. The Board shall establish a program to 
20allow an investigator appointed under paragraph (20.6) of 
21subsection (c) of Section 4 who is honorably retiring in good 
22standing to purchase either one or both of the following: (1) 
23any badge previously issued to the investigator by the Board; 
24or (2) if the investigator has a currently valid Firearm 
 
 
SB3200- 124 -LRB103 39081 RLC 69219 b


1Owner's Identification Card, the service firearm issued or 
2previously issued to the investigator by the Board. The badge 
3must be permanently and conspicuously marked in such a manner 
4that the individual who possesses the badge is not mistaken 
5for an actively serving law enforcement officer. The cost of 
6the firearm shall be the replacement value of the firearm and 
7not the firearm's fair market value.
8(Source: P.A. 102-719, eff. 5-6-22.)

9 Section 120. The Mental Health and Developmental 
10Disabilities Code is amended by changing Sections 1-106, 
111-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

12 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
13 Sec. 1-106. "Developmental disability" means a severe, 
14chronic disability, other than mental illness, found to be 
15closely related to an intellectual disability because this 
16condition results in impairment of general intellectual 
17functioning or adaptive behavior similar to that of persons 
18with ID, and requires services similar to those required for a 
19person with an intellectual disability. In addition, a 
20developmental disability: (1) is manifested before the 
21individual reaches 22 years of age; (2) is likely to continue 
22indefinitely; (3) results in substantial functional 
23limitations in three or more of the following areas of major 
24life activity: self-care, receptive and expressive language, 
 
 
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1learning, mobility, self-direction, capacity for independent 
2living, or economic self-sufficiency; and (4) reflects the 
3individual's need for a combination and sequence of special 
4interdisciplinary or generic services, individualized 
5supports, or other forms of assistance that are of lifelong or 
6extended duration and are individually planned and 
7coordinated. This definition does not supersede the 
8"developmental disability" definition in Section 1.1 of the 
9Firearm Owners Identification Card Act which is required to be 
10applied under that Act for the purpose of mandatory reporting.
11(Source: P.A. 102-972, eff. 1-1-23.)

12 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
13 Sec. 1-116. Intellectual disability. "Intellectual 
14disability" means a disorder with onset during the 
15developmental period (before the individual reaches age 22), 
16that includes both intellectual and adaptive deficits in 
17conceptual, social and practical domains. The following 3 
18criteria must be met: (1) deficits in intellectual functions 
19such as reasoning, problem solving, planning, abstract 
20thinking, judgment, academic learning, and learning from 
21experience confirmed by both clinical assessment and 
22individualized, standardized intelligence testing (generally 
23indicated with an IQ score of about 70 or below), (2) deficits 
24in adaptive functioning that result in failure to meet 
25developmental and sociocultural standards for personal 
 
 
SB3200- 126 -LRB103 39081 RLC 69219 b


1independence and social responsibility. Without ongoing 
2support, the adaptive deficits limit functioning in one or 
3more activities of daily life, such as communication, social 
4participation, and independent living, across multiple 
5environments, such as home, school, work, and community, and 
6(3) onset of intellectual and adaptive deficits during the 
7developmental period. This definition does not supersede the 
8"intellectual disability" definition in Section 1.1 of the 
9Firearm Owners Identification Card Act which is required to be 
10applied under that Act for the purpose of mandatory reporting.
11(Source: P.A. 102-972, eff. 1-1-23.)

12 (405 ILCS 5/6-103.1)
13 Sec. 6-103.1. Adjudication as a person with a mental 
14disability. When a person has been adjudicated as a person 
15with a mental disability as defined in Section 1.1 of the 
16Firearm Owners Identification Card Act, including, but not 
17limited to, an adjudication as a person with a disability as 
18defined in Section 11a-2 of the Probate Act of 1975, the court 
19shall direct the circuit court clerk to notify the Illinois 
20State Police, Firearm Owner's Identification (FOID) Office, in 
21a form and manner prescribed by the Illinois State Police, and 
22shall forward a copy of the court order to the Department no 
23later than 7 days after the entry of the order. Upon receipt of 
24the order, the Illinois State Police shall provide 
25notification to the National Instant Criminal Background Check 
 
 
SB3200- 127 -LRB103 39081 RLC 69219 b


1System. In this Section, "has been adjudicated as a mentally 
2disabled person" means the person is the subject of a 
3determination by a court, board, commission, or other lawful 
4authority that the person, as a result of marked subnormal 
5intelligence, or mental illness, mental impairment, 
6incompetency, condition, or disease:
7  (1) presents a clear and present danger to himself, 
8 herself, or to others; 
9  (2) lacks the mental capacity to manage his or her own 
10 affairs or is adjudicated a disabled person as defined in 
11 Section 11a-2 of the Probate Act of 1975;
12  (3) is not guilty in a criminal case by reason of 
13 insanity, mental disease or defect;
14  (3.5) is guilty but mentally ill, as provided in 
15 Section 5-2-6 of the Unified Code of Corrections; 
16  (4) is unfit to stand trial in a criminal case;
17  (5) is not guilty by reason of lack of mental 
18 responsibility under Articles 50a and 72b of the Uniform 
19 Code of Military Justice, 10 U.S.C. 850a, 876b;
20  (6) is a sexually violent person under subsection (f) 
21 of Section 5 of the Sexually Violent Persons Commitment 
22 Act;
23  (7) is a sexually dangerous person under the Sexually 
24 Dangerous Persons Act;
25  (8) is unfit to stand trial under the Juvenile Court 
26 Act of 1987;
 
 
SB3200- 128 -LRB103 39081 RLC 69219 b


1  (9) is not guilty by reason of insanity under the 
2 Juvenile Court Act of 1987;
3  (10) is a person subject to involuntary admission on 
4 an inpatient basis as defined in Section 1-119 of the 
5 Mental Health and Developmental Disabilities Code;
6  (11) is a person subject to involuntary admission on 
7 an outpatient basis as defined in Section 1-119.1 of the 
8 Mental Health and Developmental Disabilities Code;
9  (12) is subject to judicial admission as set forth in 
10 Section 4-500 of the Mental Health and Developmental 
11 Disabilities Code; or
12  (13) is subject to the provisions of the Interstate 
13 Agreements on Sexually Dangerous Persons Act. 
14(Source: P.A. 102-538, eff. 8-20-21.)

15 (405 ILCS 5/6-103.2)
16 Sec. 6-103.2. Developmental disability; notice. If a 
17person 14 years old or older is determined to be a person with 
18a developmental disability by a physician, clinical 
19psychologist, or qualified examiner, the physician, clinical 
20psychologist, or qualified examiner shall notify the 
21Department of Human Services within 7 days of making the 
22determination that the person has a developmental disability. 
23The Department of Human Services shall immediately update its 
24records and information relating to mental health and 
25developmental disabilities, and if appropriate, shall notify 
 
 
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1the Illinois State Police in a form and manner prescribed by 
2the Illinois State Police. Information disclosed under this 
3Section shall remain privileged and confidential, and shall 
4not be redisclosed, except as required under paragraph (2) of 
5subsection (e) of Section 24-4.5 of the Criminal Code of 2012 
6subsection (e) of Section 3.1 of the Firearm Owners 
7Identification Card Act, nor used for any other purpose. The 
8method of providing this information shall guarantee that the 
9information is not released beyond that which is necessary for 
10the purpose of this Section and shall be provided by rule by 
11the Department of Human Services. The identity of the person 
12reporting under this Section shall not be disclosed to the 
13subject of the report.
14 The physician, clinical psychologist, or qualified 
15examiner making the determination and his or her employer may 
16not be held criminally, civilly, or professionally liable for 
17making or not making the notification required under this 
18Section, except for willful or wanton misconduct.
19 In this Section, "developmentally disabled" has the 
20meaning ascribed to it in Section 12 of the Mental Health and 
21Developmental Disabilities Confidentiality Act. 
22 In For purposes of this Section, "developmental 
23disability" means a disability which is attributable to any 
24other condition which results in impairment similar to that 
25caused by an intellectual disability and which requires 
26services similar to those required by intellectually disabled 
 
 
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1persons. The disability must originate before the age of 18 
2years, be expected to continue indefinitely, and constitute a 
3substantial disability. This disability results, in the 
4professional opinion of a physician, clinical psychologist, or 
5qualified examiner, in significant functional limitations in 3 
6or more of the following areas of major life activity:
7  (i) self-care;
8  (ii) receptive and expressive language;
9  (iii) learning;
10  (iv) mobility; or
11  (v) self-direction.
12 "Determined to be a person with a developmental disability 
13by a physician, clinical psychologist, or qualified examiner" 
14means in the professional opinion of the physician, clinical 
15psychologist, or qualified examiner, a person is diagnosed, 
16assessed, or evaluated as having a developmental disability. 
17(Source: P.A. 102-538, eff. 8-20-21.)

18 (405 ILCS 5/6-103.3)
19 Sec. 6-103.3. Clear and present danger; notice. If a 
20person is determined to pose a clear and present danger to 
21himself, herself, or to others by a physician, clinical 
22psychologist, or qualified examiner, whether employed by the 
23State, by any public or private mental health facility or part 
24thereof, or by a law enforcement official or a school 
25administrator, then the physician, clinical psychologist, 
 
 
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1qualified examiner shall notify the Department of Human 
2Services and a law enforcement official or school 
3administrator shall notify the Illinois State Police, within 
424 hours of making the determination that the person poses a 
5clear and present danger. The Department of Human Services 
6shall immediately update its records and information relating 
7to mental health and developmental disabilities, and if 
8appropriate, shall notify the Illinois State Police in a form 
9and manner prescribed by the Illinois State Police. 
10Information disclosed under this Section shall remain 
11privileged and confidential, and shall not be redisclosed, 
12except as required under paragraph (2) of subsection (e) of 
13Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
14Section 3.1 of the Firearm Owners Identification Card Act, nor 
15used for any other purpose. The method of providing this 
16information shall guarantee that the information is not 
17released beyond that which is necessary for the purpose of 
18this Section and shall be provided by rule by the Department of 
19Human Services. The identity of the person reporting under 
20this Section shall not be disclosed to the subject of the 
21report. The physician, clinical psychologist, qualified 
22examiner, law enforcement official, or school administrator 
23making the determination and his or her employer shall not be 
24held criminally, civilly, or professionally liable for making 
25or not making the notification required under this Section, 
26except for willful or wanton misconduct. This Section does not 
 
 
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1apply to a law enforcement official, if making the 
2notification under this Section will interfere with an ongoing 
3or pending criminal investigation.
4 In For the purposes of this Section:
5  "Clear and present danger" means a person who: 
6   (1) communicates a serious threat of physical 
7 violence against a reasonably identifiable victim or 
8 poses a clear and imminent risk of serious physical 
9 injury to himself, herself, or another person as 
10 determined by a physician, clinical psychologist, or 
11 qualified examiner; or
12   (2) demonstrates threatening physical or verbal 
13 behavior, such as violent, suicidal, or assaultive 
14 threats, actions, or other behavior, as determined by 
15 a physician, clinical psychologist, qualified 
16 examiner, school administrator, or law enforcement 
17 official. 
18  "Physician", "clinical psychologist", and "qualified 
19 examiner" have the meanings ascribed to them in the Mental 
20 Health and Developmental Disabilities Code has the meaning 
21 ascribed to it in Section 1.1 of the Firearm Owners 
22 Identification Card Act.
23  "Determined to pose a clear and present danger to 
24 himself, herself, or to others by a physician, clinical 
25 psychologist, or qualified examiner" means in the 
26 professional opinion of the physician, clinical 
 
 
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1 psychologist, or qualified examiner, a person poses a 
2 clear and present danger. 
3  "School administrator" means the person required to 
4 report under the School Administrator Reporting of Mental 
5 Health Clear and Present Danger Determinations Law.
6(Source: P.A. 102-538, eff. 8-20-21.)

7 Section 125. The Lead Poisoning Prevention Act is amended 
8by changing Section 2 as follows:

9 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
10 Sec. 2. Definitions. As used in this Act:
11 "Child care facility" means any structure used by a child 
12care provider licensed by the Department of Children and 
13Family Services or public or private school structure 
14frequented by children 6 years of age or younger.
15 "Childhood Lead Risk Questionnaire" means the 
16questionnaire developed by the Department for use by 
17physicians and other health care providers to determine risk 
18factors for children 6 years of age or younger residing in 
19areas designated as low risk for lead exposure.
20 "Delegate agency" means a unit of local government or 
21health department approved by the Department to carry out the 
22provisions of this Act.
23 "Department" means the Department of Public Health.
24 "Director" means the Director of Public Health. 
 
 
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1 "Dwelling unit" means an individual unit within a 
2residential building used as living quarters for one 
3household. 
4 "Elevated blood lead level" means a blood lead level in 
5excess of the limits established under State rules. 
6 "Exposed surface" means any interior or exterior surface 
7of a regulated facility. 
8 "High risk area" means an area in the State determined by 
9the Department to be high risk for lead exposure for children 6 
10years of age or younger. The Department may consider, but is 
11not limited to, the following factors to determine a high risk 
12area: age and condition (using Department of Housing and Urban 
13Development definitions of "slum" and "blighted") of housing, 
14proximity to highway traffic or heavy local traffic or both, 
15percentage of housing determined as rental or vacant, 
16proximity to industry using lead, established incidence of 
17elevated blood lead levels in children, percentage of 
18population living below 200% of federal poverty guidelines, 
19and number of children residing in the area who are 6 years of 
20age or younger.
21 "Lead abatement" means any approved work practices that 
22will permanently eliminate lead exposure or remove the 
23lead-bearing substances in a regulated facility. The 
24Department shall establish by rule which work practices are 
25approved or prohibited for lead abatement. 
26 "Lead abatement contractor" means any person or entity 
 
 
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1licensed by the Department to perform lead abatement and 
2mitigation.
3 "Lead abatement supervisor" means any person employed by a 
4lead abatement contractor and licensed by the Department to 
5perform lead abatement and lead mitigation and to supervise 
6lead workers who perform lead abatement and lead mitigation. 
7 "Lead abatement worker" means any person employed by a 
8lead abatement contractor and licensed by the Department to 
9perform lead abatement and mitigation.
10 "Lead activities" means the conduct of any lead services, 
11including, lead inspection, lead risk assessment, lead 
12mitigation, or lead abatement work or supervision in a 
13regulated facility. 
14 "Lead-bearing substance" means any item containing or 
15coated with lead such that the lead content is more than 
16six-hundredths of one percent (0.06%) lead by total weight; or 
17any dust on surfaces or in furniture or other nonpermanent 
18elements of the regulated facility; or any paint or other 
19surface coating material containing more than five-tenths of 
20one percent (0.5%) lead by total weight (calculated as lead 
21metal) in the total non-volatile content of liquid paint; or 
22lead-bearing substances containing greater than one milligram 
23per square centimeter or any lower standard for lead content 
24in residential paint as may be established by federal law or 
25rule; or more than 1 milligram per square centimeter in the 
26dried film of paint or previously applied substance; or item 
 
 
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1or dust on item containing lead in excess of the amount 
2specified in the rules authorized by this Act or a lower 
3standard for lead content as may be established by federal law 
4or rule. "Lead-bearing substance" does not include firearm 
5ammunition or components as defined by Section 2-7.1 of the 
6Criminal Code of 2012 the Firearm Owners Identification Card 
7Act.
8 "Lead hazard" means a lead-bearing substance that poses an 
9immediate health hazard to humans.
10 "Lead hazard screen" means a lead risk assessment that 
11involves limited dust and paint sampling for lead-bearing 
12substances and lead hazards. This service is used as a 
13screening tool designed to determine if further lead 
14investigative services are required for the regulated 
15facility.
16 "Lead inspection" means a surface-by-surface investigation 
17to determine the presence of lead-based paint.
18 "Lead inspector" means an individual who has been trained 
19by a Department-approved training program and is licensed by 
20the Department to conduct lead inspections; to sample for the 
21presence of lead in paint, dust, soil, and water; and to 
22conduct compliance investigations. 
23 "Lead mitigation" means the remediation, in a manner 
24described in Section 9, of a lead hazard so that the 
25lead-bearing substance does not pose an immediate health 
26hazard to humans. 
 
 
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1 "Lead poisoning" means having an elevated blood lead 
2level.
3 "Lead risk assessment" means an on-site investigation to 
4determine the existence, nature, severity, and location of 
5lead hazards. "Lead risk assessment" includes any lead 
6sampling and visual assessment associated with conducting a 
7lead risk assessment and lead hazard screen and all lead 
8sampling associated with compliance investigations.
9 "Lead risk assessor" means an individual who has been 
10trained by a Department-approved training program and is 
11licensed by the Department to conduct lead risk assessments, 
12lead inspections, and lead hazard screens; to sample for the 
13presence of lead in paint, dust, soil, water, and sources for 
14lead-bearing substances; and to conduct compliance 
15investigations.
16 "Lead training program provider" means any person 
17providing Department-approved lead training in Illinois to 
18individuals seeking licensure in accordance with the Act. 
19 "Low risk area" means an area in the State determined by 
20the Department to be low risk for lead exposure for children 6 
21years of age or younger. The Department may consider the 
22factors named in "high risk area" to determine low risk areas. 
23 "Owner" means any person, who alone, jointly, or severally 
24with others:
25  (a) Has legal title to any regulated facility, with or 
26 without actual possession of the regulated facility, or
 
 
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1  (b) Has charge, care, or control of the regulated 
2 facility as owner or agent of the owner, or as executor, 
3 administrator, trustee, or guardian of the estate of the 
4 owner.
5 "Person" means any individual, partnership, firm, company, 
6limited liability company, corporation, association, joint 
7stock company, trust, estate, political subdivision, State 
8agency, or any other legal entity, or their legal 
9representative, agent, or assign.
10 "Regulated facility" means a residential building or child 
11care facility. 
12 "Residential building" means any room, group of rooms, or 
13other interior areas of a structure designed or used for human 
14habitation; common areas accessible by inhabitants; and the 
15surrounding property or structures.
16(Source: P.A. 100-723, eff. 1-1-19.)

17 (430 ILCS 65/Act rep.)
18 Section 130. The Firearm Owners Identification Card Act is 
19repealed.

20 Section 135. The Firearm Concealed Carry Act is amended by 
21changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

22 (430 ILCS 66/25)
23 Sec. 25. Qualifications for a license. 
 
 
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1 The Illinois State Police shall issue a license to an 
2applicant completing an application in accordance with Section 
330 of this Act if the person:
4  (1) is at least 21 years of age;
5  (2) has a currently valid Firearm Owner's 
6 Identification Card and at the time of application meets 
7 the requirements for the issuance of a Firearm Owner's 
8 Identification Card and is not prohibited under State the 
9 Firearm Owners Identification Card Act or federal law from 
10 possessing or receiving a firearm;
11  (3) has not been convicted or found guilty in this 
12 State or in any other state of:
13   (A) a misdemeanor involving the use or threat of 
14 physical force or violence to any person within the 5 
15 years preceding the date of the license application; 
16 or
17   (B) 2 or more violations related to driving while 
18 under the influence of alcohol, other drug or drugs, 
19 intoxicating compound or compounds, or any combination 
20 thereof, within the 5 years preceding the date of the 
21 license application;
22  (4) is not the subject of a pending arrest warrant, 
23 prosecution, or proceeding for an offense or action that 
24 could lead to disqualification to own or possess a 
25 firearm;
26  (5) has not been in residential or court-ordered 
 
 
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1 treatment for alcoholism, alcohol detoxification, or drug 
2 treatment within the 5 years immediately preceding the 
3 date of the license application; and
4  (6) has completed firearms training and any education 
5 component required under Section 75 of this Act.
6(Source: P.A. 102-538, eff. 8-20-21.)

7 (430 ILCS 66/30)
8 Sec. 30. Contents of license application. 
9 (a) The license application shall be in writing, under 
10penalty of perjury, on a standard form adopted by the Illinois 
11State Police and shall be accompanied by the documentation 
12required in this Section and the applicable fee. Each 
13application form shall include the following statement printed 
14in bold type: "Warning: Entering false information on this 
15form is punishable as perjury under Section 32-2 of the 
16Criminal Code of 2012."
17 (b) The application shall contain the following:
18  (1) the applicant's name, current address, date and 
19 year of birth, place of birth, height, weight, hair color, 
20 eye color, maiden name or any other name the applicant has 
21 used or identified with, and any address where the 
22 applicant resided for more than 30 days within the 10 
23 years preceding the date of the license application;
24  (2) the applicant's valid driver's license number or 
25 valid state identification card number;
 
 
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1  (3) a waiver of the applicant's privacy and 
2 confidentiality rights and privileges under all federal 
3 and state laws, including those limiting access to 
4 juvenile court, criminal justice, psychological, or 
5 psychiatric records or records relating to any 
6 institutionalization of the applicant, and an affirmative 
7 request that a person having custody of any of these 
8 records provide it or information concerning it to the 
9 Illinois State Police. The waiver only applies to records 
10 sought in connection with determining whether the 
11 applicant qualifies for a license to carry a concealed 
12 firearm under this Act, or whether the applicant remains 
13 in compliance with the Firearm Owners Identification Card 
14 Act;
15  (4) an affirmation that the applicant is not 
16 prohibited under State or federal law from possessing or 
17 receiving a firearm possesses a currently valid Firearm 
18 Owner's Identification Card and card number if possessed 
19 or notice the applicant is applying for a Firearm Owner's 
20 Identification Card in conjunction with the license 
21 application;
22  (5) an affirmation that the applicant has not been 
23 convicted or found guilty of:
24   (A) a felony;
25   (B) a misdemeanor involving the use or threat of 
26 physical force or violence to any person within the 5 
 
 
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1 years preceding the date of the application; or
2   (C) 2 or more violations related to driving while 
3 under the influence of alcohol, other drug or drugs, 
4 intoxicating compound or compounds, or any combination 
5 thereof, within the 5 years preceding the date of the 
6 license application;
7  (6) whether the applicant has failed a drug test for a 
8 drug for which the applicant did not have a prescription, 
9 within the previous year, and if so, the provider of the 
10 test, the specific substance involved, and the date of the 
11 test;
12  (7) written consent for the Illinois State Police to 
13 review and use the applicant's Illinois digital driver's 
14 license or Illinois identification card photograph and 
15 signature;
16  (8) unless submitted under subsection (a-25) of 
17 Section 4 of the Firearm Owners Identification Card Act, a 
18 full set of fingerprints submitted to the Illinois State 
19 Police in electronic format, provided the Illinois State 
20 Police may accept an application submitted without a set 
21 of fingerprints, in which case the Illinois State Police 
22 shall be granted 30 days in addition to the 90 days 
23 provided under subsection (e) of Section 10 of this Act to 
24 issue or deny a license;
25  (9) a head and shoulder color photograph in a size 
26 specified by the Illinois State Police taken within the 30 
 
 
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1 days preceding the date of the license application; and
2  (10) a photocopy of any certificates or other evidence 
3 of compliance with the training requirements under this 
4 Act.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
6102-813, eff. 5-13-22.)

7 (430 ILCS 66/40)
8 Sec. 40. Non-resident license applications. 
9 (a) For the purposes of this Section, "non-resident" means 
10a person who has not resided within this State for more than 30 
11days and resides in another state or territory.
12 (b) The Illinois State Police shall by rule allow for 
13non-resident license applications from any state or territory 
14of the United States with laws related to firearm ownership, 
15possession, and carrying, that are substantially similar to 
16the requirements to obtain a license under this Act.
17 (c) A resident of a state or territory approved by the 
18Illinois State Police under subsection (b) of this Section may 
19apply for a non-resident license. The applicant shall apply to 
20the Illinois State Police and must meet all of the 
21qualifications established in Section 25 of this Act, except 
22for the Illinois residency requirement in item (xiv) of 
23paragraph (2) of subsection (a) of Section 4 of the Firearm 
24Owners Identification Card Act. The applicant shall submit:
25  (1) the application and documentation required under 
 
 
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1 Section 30 of this Act and the applicable fee;
2  (2) a notarized document stating that the applicant:
3   (A) is eligible under federal law and the laws of 
4 his or her state or territory of residence to own or 
5 possess a firearm;
6   (B) if applicable, has a license or permit to 
7 carry a firearm or concealed firearm issued by his or 
8 her state or territory of residence and attach a copy 
9 of the license or permit to the application;
10   (C) understands Illinois laws pertaining to the 
11 possession and transport of firearms; and
12   (D) acknowledges that the applicant is subject to 
13 the jurisdiction of the Illinois State Police and 
14 Illinois courts for any violation of this Act;
15  (3) a photocopy of any certificates or other evidence 
16 of compliance with the training requirements under Section 
17 75 of this Act; and
18  (4) a head and shoulder color photograph in a size 
19 specified by the Illinois State Police taken within the 30 
20 days preceding the date of the application.
21 (d) In lieu of an Illinois driver's license or Illinois 
22identification card, a non-resident applicant shall provide 
23similar documentation from his or her state or territory of 
24residence. The applicant shall submit In lieu of a valid 
25Firearm Owner's Identification Card, the applicant shall 
26submit documentation and information required by the Illinois 
 
 
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1State Police to obtain a Firearm Owner's Identification Card, 
2including an affidavit that the non-resident meets the mental 
3health standards to obtain a firearm under Illinois law, and 
4the Illinois State Police shall ensure that the applicant 
5would meet the eligibility criteria under State law to possess 
6a firearm to obtain a Firearm Owner's Identification card if 
7he or she was a resident of this State.
8 (e) Nothing in this Act shall prohibit a non-resident from 
9transporting a concealed firearm within his or her vehicle in 
10Illinois, if the concealed firearm remains within his or her 
11vehicle and the non-resident:
12  (1) is not prohibited from owning or possessing a 
13 firearm under federal law;
14  (2) is eligible to carry a firearm in public under the 
15 laws of his or her state or territory of residence, as 
16 evidenced by the possession of a concealed carry license 
17 or permit issued by his or her state of residence, if 
18 applicable; and
19  (3) is not in possession of a license under this Act.
20 If the non-resident leaves his or her vehicle unattended, 
21he or she shall store the firearm within a locked vehicle or 
22locked container within the vehicle in accordance with 
23subsection (b) of Section 65 of this Act.
24(Source: P.A. 102-538, eff. 8-20-21.)

25 (430 ILCS 66/66)
 
 
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1 Sec. 66. Illinois State Police to monitor databases for 
2firearms prohibitors. The Illinois State Police shall 
3continuously monitor relevant State and federal databases for 
4firearms prohibitors and correlate those records with 
5concealed carry license holders to ensure compliance with this 
6Act and any other State and federal laws. As used in this 
7Section, "firearms prohibitor" means any factor listed in 
8Section 8 or Section 8.2 of the Firearm Owners Identification 
9Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
10that prohibits a person from transferring or possessing a 
11firearm, firearm ammunition, Firearm Owner's Identification 
12Card, or concealed carry license.
13(Source: P.A. 102-237, eff. 1-1-22.)

14 (430 ILCS 66/70)
15 Sec. 70. Violations. 
16 (a) A license issued or renewed under this Act shall be 
17revoked if, at any time, the licensee is found to be ineligible 
18for a license under this Act or the licensee is prohibited from 
19possessing a firearm under State or federal law no longer 
20meets the eligibility requirements of the Firearm Owners 
21Identification Card Act.
22 (b) A license shall be suspended if an order of 
23protection, including an emergency order of protection, 
24plenary order of protection, or interim order of protection 
25under Article 112A of the Code of Criminal Procedure of 1963 or 
 
 
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1under the Illinois Domestic Violence Act of 1986, or if a 
2firearms restraining order, including an emergency firearms 
3restraining order, under the Firearms Restraining Order Act, 
4is issued against a licensee for the duration of the order, or 
5if the Illinois State Police is made aware of a similar order 
6issued against the licensee in any other jurisdiction. If an 
7order of protection is issued against a licensee, the licensee 
8shall surrender the license, as applicable, to the court at 
9the time the order is entered or to the law enforcement agency 
10or entity serving process at the time the licensee is served 
11the order. The court, law enforcement agency, or entity 
12responsible for serving the order of protection shall notify 
13the Illinois State Police within 7 days and transmit the 
14license to the Illinois State Police.
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 Illinois State 
 
 
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1Police may suspend a license for up to 6 months for a second 
2violation and shall permanently revoke a license for a third 
3violation.
4 (e) Except as otherwise provided, a licensee in violation 
5of this Act shall be guilty of a Class B misdemeanor. A second 
6or subsequent violation is a Class A misdemeanor. The Illinois 
7State Police may suspend a license for up to 6 months for a 
8second violation and shall permanently revoke a license for 3 
9or more violations of Section 65 of this Act. Any person 
10convicted of a violation under this Section shall pay a $150 
11fee to be deposited into the Mental Health Reporting Fund, 
12plus any applicable court costs or fees.
13 (f) A licensee convicted or found guilty of a violation of 
14this Act who has a valid license and is otherwise eligible to 
15carry a concealed firearm shall only be subject to the 
16penalties under this Section and shall not be subject to the 
17penalties under Section 21-6, paragraph (4), (8), or (10) of 
18subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
19of paragraph (3) of subsection (a) of Section 24-1.6 of the 
20Criminal Code of 2012. Except as otherwise provided in this 
21subsection, nothing in this subsection prohibits the licensee 
22from being subjected to penalties for violations other than 
23those specified in this Act.
24 (g) A licensee whose license is revoked, suspended, or 
25denied shall, within 48 hours of receiving notice of the 
26revocation, suspension, or denial, surrender his or her 
 
 
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1concealed carry license to the local law enforcement agency 
2where the person resides. The local law enforcement agency 
3shall provide the licensee a receipt and transmit the 
4concealed carry license to the Illinois State Police. If the 
5licensee whose concealed carry license has been revoked, 
6suspended, or denied fails to comply with the requirements of 
7this subsection, the law enforcement agency where the person 
8resides may petition the circuit court to issue a warrant to 
9search for and seize the concealed carry license in the 
10possession and under the custody or control of the licensee 
11whose concealed carry license has been revoked, suspended, or 
12denied. The observation of a concealed carry license in the 
13possession of a person whose license has been revoked, 
14suspended, or denied constitutes a sufficient basis for the 
15arrest of that person for violation of this subsection. A 
16violation of this subsection is a Class A misdemeanor.
17 (h) (Blank). Except as otherwise provided in subsection 
18(h-5), a license issued or renewed under this Act shall be 
19revoked if, at any time, the licensee is found ineligible for a 
20Firearm Owner's Identification Card, or the licensee no longer 
21possesses a valid Firearm Owner's Identification Card. If the 
22Firearm Owner's Identification Card is expired or suspended 
23rather than denied or revoked, the license may be suspended 
24for a period of up to one year to allow the licensee to 
25reinstate his or her Firearm Owner's Identification Card. The 
26Illinois State Police shall adopt rules to enforce this 
 
 
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1subsection. A licensee whose license is revoked under this 
2subsection (h) shall surrender his or her concealed carry 
3license as provided for in subsection (g) of this Section. 
4 This subsection shall not apply to a person who has filed 
5an application with the Illinois State Police for renewal of a 
6Firearm Owner's Identification Card and who is not otherwise 
7ineligible to obtain a Firearm Owner's Identification Card.
8 (h-5) (Blank). If the Firearm Owner's Identification Card 
9of a licensee under this Act expires during the term of the 
10license issued under this Act, the license and the Firearm 
11Owner's Identification Card remain valid, and the Illinois 
12State Police may automatically renew the licensee's Firearm 
13Owner's Identification Card as provided in subsection (c) of 
14Section 5 of the Firearm Owners Identification Card Act.
15 (i) A certified firearms instructor who knowingly provides 
16or offers to provide a false certification that an applicant 
17has completed firearms training as required under this Act is 
18guilty of a Class A misdemeanor. A person guilty of a violation 
19of this subsection (i) is not eligible for court supervision. 
20The Illinois State Police shall permanently revoke the 
21firearms instructor certification of a person convicted under 
22this subsection (i). 
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
24102-813, eff. 5-13-22.)

25 (430 ILCS 66/80)
 
 
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1 Sec. 80. Certified firearms instructors. 
2 (a) Within 60 days of the effective date of this Act, the 
3Illinois State Police shall begin approval of certified 
4firearms instructors and enter certified firearms instructors 
5into an online registry on the Illinois State Police's 
6website.
7 (b) A person who is not a certified firearms instructor 
8shall not teach applicant training courses or advertise or 
9otherwise represent courses they teach as qualifying their 
10students to meet the requirements to receive a license under 
11this Act. Each violation of this subsection is a business 
12offense with a fine of at least $1,000 per violation.
13 (c) A person seeking to become a certified firearms 
14instructor shall:
15  (1) be at least 21 years of age;
16  (2) be a legal resident of the United States; and
17  (3) meet the requirements of Section 25 of this Act, 
18 except for the Illinois residency requirement in item 
19 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
20 the Firearm Owners Identification Card Act; and any 
21 additional uniformly applied requirements established by 
22 the Illinois State Police.
23 (d) A person seeking to become a certified firearms 
24instructor, in addition to the requirements of subsection (c) 
25of this Section, shall:
26  (1) possess a high school diploma or State of Illinois 
 
 
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1 High School Diploma; and
2  (2) have at least one of the following valid firearms 
3 instructor certifications:
4   (A) certification from a law enforcement agency;
5   (B) certification from a firearm instructor course 
6 offered by a State or federal governmental agency;
7   (C) certification from a firearm instructor 
8 qualification course offered by the Illinois Law 
9 Enforcement Training Standards Board; or
10   (D) certification from an entity approved by the 
11 Illinois State Police that offers firearm instructor 
12 education and training in the use and safety of 
13 firearms.
14 (e) A person may have his or her firearms instructor 
15certification denied or revoked if he or she does not meet the 
16requirements to obtain a license under this Act, provides 
17false or misleading information to the Illinois State Police, 
18or has had a prior instructor certification revoked or denied 
19by the Illinois State Police.
20(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

21 (430 ILCS 66/105)
22 Sec. 105. Duty of school administrator. It is the duty of 
23the principal of a public elementary or secondary school, or 
24his or her designee, and the chief administrative officer of a 
25private elementary or secondary school or a public or private 
 
 
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1community college, college, or university, or his or her 
2designee, to report to the Illinois State Police when a 
3student is determined to pose a clear and present danger to 
4himself, herself, or to others, within 24 hours of the 
5determination as provided in Section 6-103.3 of the Mental 
6Health and Developmental Disabilities Code. "Clear and present 
7danger" has the meaning as provided in paragraph (2) of the 
8definition of "clear and present danger" in Section 6-103.3 of 
9the Mental Health and Developmental Disabilities Code 1.1 of 
10the Firearm Owners Identification Card Act.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 Section 140. The Firearms Restraining Order Act is amended 
13by changing Sections 35 and 40 as follows:

14 (430 ILCS 67/35)
15 Sec. 35. Ex parte orders and emergency hearings. 
16 (a) A petitioner may request an emergency firearms 
17restraining order by filing an affidavit or verified pleading 
18alleging that the respondent poses an immediate and present 
19danger of causing personal injury to himself, herself, or 
20another by having in his or her custody or control, 
21purchasing, possessing, or receiving a firearm, ammunition, or 
22firearm parts that could be assembled to make an operable 
23firearm. The petition shall also describe the type and 
24location of any firearm or firearms, ammunition, or firearm 
 
 
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1parts that could be assembled to make an operable firearm 
2presently believed by the petitioner to be possessed or 
3controlled by the respondent. 
4 (b) If the respondent is alleged to pose an immediate and 
5present danger of causing personal injury to an intimate 
6partner, or an intimate partner is alleged to have been the 
7target of a threat or act of violence by the respondent, the 
8petitioner shall make a good faith effort to provide notice to 
9any and all intimate partners of the respondent. The notice 
10must include that the petitioner intends to petition the court 
11for an emergency firearms restraining order, and, if the 
12petitioner is a law enforcement officer, referral to relevant 
13domestic violence or stalking advocacy or counseling 
14resources, if appropriate. The petitioner shall attest to 
15having provided the notice in the filed affidavit or verified 
16pleading. If, after making a good faith effort, the petitioner 
17is unable to provide notice to any or all intimate partners, 
18the affidavit or verified pleading should describe what 
19efforts were made.
20 (c) Every person who files a petition for an emergency 
21firearms restraining order, knowing the information provided 
22to the court at any hearing or in the affidavit or verified 
23pleading to be false, is guilty of perjury under Section 32-2 
24of the Criminal Code of 2012. 
25 (d) An emergency firearms restraining order shall be 
26issued on an ex parte basis, that is, without notice to the 
 
 
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1respondent. 
2 (e) An emergency hearing held on an ex parte basis shall be 
3held the same day that the petition is filed or the next day 
4that the court is in session. 
5 (f) If a circuit or associate judge finds probable cause 
6to believe that the respondent poses an immediate and present 
7danger of causing personal injury to himself, herself, or 
8another by having in his or her custody or control, 
9purchasing, possessing, or receiving a firearm, ammunition, or 
10firearm parts that could be assembled to make an operable 
11firearm, the circuit or associate judge shall issue an 
12emergency order. 
13 (f-5) If the court issues an emergency firearms 
14restraining order, it shall, upon a finding of probable cause 
15that the respondent possesses firearms, ammunition, or firearm 
16parts that could be assembled to make an operable firearm, 
17issue a search warrant directing a law enforcement agency to 
18seize the respondent's firearms, ammunition, and firearm parts 
19that could be assembled to make an operable firearm. The court 
20may, as part of that warrant, direct the law enforcement 
21agency to search the respondent's residence and other places 
22where the court finds there is probable cause to believe he or 
23she is likely to possess the firearms, ammunition, or firearm 
24parts that could be assembled to make an operable firearm. A 
25return of the search warrant shall be filed by the law 
26enforcement agency within 4 days thereafter, setting forth the 
 
 
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1time, date, and location that the search warrant was executed 
2and what items, if any, were seized. 
3 (g) An emergency firearms restraining order shall require: 
4  (1) the respondent to refrain from having in his or 
5 her custody or control, purchasing, possessing, or 
6 receiving additional firearms, ammunition, or firearm 
7 parts that could be assembled to make an operable firearm, 
8 or removing firearm parts that could be assembled to make 
9 an operable firearm for the duration of the order under 
10 Section 8.2 of the Firearm Owners Identification Card Act; 
11 and
12  (2) the respondent to comply with Section 9.5 of the 
13 Firearm Owners Identification Card Act and subsection (g) 
14 of Section 70 of the Firearm Concealed Carry Act.
15 (h) Except as otherwise provided in subsection (h-5) of 
16this Section, upon expiration of the period of safekeeping, if 
17the firearms, ammunition, and firearm parts that could be 
18assembled to make an operable firearm or Firearm Owner's 
19Identification Card and concealed carry license cannot be 
20returned to the respondent because the respondent cannot be 
21located, fails to respond to requests to retrieve the 
22firearms, or is not lawfully eligible to possess a firearm, 
23ammunition, or firearm parts that could be assembled to make 
24an operable firearm, upon petition from the local law 
25enforcement agency, the court may order the local law 
26enforcement agency to destroy the firearms, ammunition, and 
 
 
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1firearm parts that could be assembled to make an operable 
2firearm, use the firearms, ammunition, and firearm parts that 
3could be assembled to make an operable firearm for training 
4purposes, or use the firearms, ammunition, and firearm parts 
5that could be assembled to make an operable firearm for any 
6other application as deemed appropriate by the local law 
7enforcement agency. 
8 (h-5) On or before January 1, 2022, a respondent whose 
9firearms have been turned over to a local law enforcement 
10agency Firearm Owner's Identification Card has been revoked or 
11suspended may petition the court, if the petitioner is present 
12in court or has notice of the respondent's petition, to 
13transfer the respondent's firearm, ammunition, and firearm 
14parts that could be assembled to make an operable firearm to a 
15person who is lawfully able to possess the firearm, 
16ammunition, and firearm parts that could be assembled to make 
17an operable firearm if the person does not reside at the same 
18address as the respondent. Notice of the petition shall be 
19served upon the person protected by the emergency firearms 
20restraining order. While the order is in effect, the 
21transferee who receives the respondent's firearms, ammunition, 
22and firearm parts that could be assembled to make an operable 
23firearm must swear or affirm by affidavit that he or she shall 
24not transfer the firearm, ammunition, and firearm parts that 
25could be assembled to make an operable firearm to the 
26respondent or to anyone residing in the same residence as the 
 
 
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1respondent.
2 (h-6) If a person other than the respondent claims title 
3to any firearms, ammunition, and firearm parts that could be 
4assembled to make an operable firearm surrendered under this 
5Section, he or she may petition the court, if the petitioner is 
6present in court or has notice of the petition, to have the 
7firearm, ammunition, and firearm parts that could be assembled 
8to make an operable firearm returned to him or her. If the 
9court determines that person to be the lawful owner of the 
10firearm, ammunition, and firearm parts that could be assembled 
11to make an operable firearm, the firearm, ammunition, and 
12firearm parts that could be assembled to make an operable 
13firearm shall be returned to him or her, provided that:
14  (1) the firearm, ammunition, and firearm parts that 
15 could be assembled to make an operable firearm are removed 
16 from the respondent's custody, control, or possession and 
17 the lawful owner agrees to store the firearm, ammunition, 
18 and firearm parts that could be assembled to make an 
19 operable firearm in a manner such that the respondent does 
20 not have access to or control of the firearm, ammunition, 
21 and firearm parts that could be assembled to make an 
22 operable firearm; and
23  (2) the firearm, ammunition, and firearm parts that 
24 could be assembled to make an operable firearm are not 
25 otherwise unlawfully possessed by the owner.
26 The person petitioning for the return of his or her 
 
 
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1firearm, ammunition, and firearm parts that could be assembled 
2to make an operable firearm must swear or affirm by affidavit 
3that he or she: (i) is the lawful owner of the firearm, 
4ammunition, and firearm parts that could be assembled to make 
5an operable firearm; (ii) shall not transfer the firearm, 
6ammunition, and firearm parts that could be assembled to make 
7an operable firearm to the respondent; and (iii) will store 
8the firearm, ammunition, and firearm parts that could be 
9assembled to make an operable firearm in a manner that the 
10respondent does not have access to or control of the firearm, 
11ammunition, and firearm parts that could be assembled to make 
12an operable firearm. 
13 (i) In accordance with subsection (e) of this Section, the 
14court shall schedule a full hearing as soon as possible, but no 
15longer than 14 days from the issuance of an ex parte firearms 
16restraining order, to determine if a 6-month firearms 
17restraining order shall be issued. The court may extend an ex 
18parte order as needed, but not to exceed 14 days, to effectuate 
19service of the order or if necessary to continue protection. 
20The court may extend the order for a greater length of time by 
21mutual agreement of the parties. 
22(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
23102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
245-13-22.)

25 (430 ILCS 67/40)
 
 
SB3200- 160 -LRB103 39081 RLC 69219 b


1 Sec. 40. Plenary orders. 
2 (a) A petitioner may request a firearms restraining order 
3for up to one year by filing an affidavit or verified pleading 
4alleging that the respondent poses a significant danger of 
5causing personal injury to himself, herself, or another in the 
6near future by having in his or her custody or control, 
7purchasing, possessing, or receiving a firearm, ammunition, 
8and firearm parts that could be assembled to make an operable 
9firearm. The petition shall also describe the number, types, 
10and locations of any firearms, ammunition, and firearm parts 
11that could be assembled to make an operable firearm presently 
12believed by the petitioner to be possessed or controlled by 
13the respondent. The firearms restraining order may be renewed 
14for an additional period of up to one year in accordance with 
15Section 45 of this Act. 
16 (b) If the respondent is alleged to pose a significant 
17danger of causing personal injury to an intimate partner, or 
18an intimate partner is alleged to have been the target of a 
19threat or act of violence by the respondent, the petitioner 
20shall make a good faith effort to provide notice to any and all 
21intimate partners of the respondent. The notice must include 
22the duration of time that the petitioner intends to petition 
23the court for a firearms restraining order, and, if the 
24petitioner is a law enforcement officer, referral to relevant 
25domestic violence or stalking advocacy or counseling 
26resources, if appropriate. The petitioner shall attest to 
 
 
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1having provided the notice in the filed affidavit or verified 
2pleading. If, after making a good faith effort, the petitioner 
3is unable to provide notice to any or all intimate partners, 
4the affidavit or verified pleading should describe what 
5efforts were made.
6 (c) Every person who files a petition for a plenary 
7firearms restraining order, knowing the information provided 
8to the court at any hearing or in the affidavit or verified 
9pleading to be false, is guilty of perjury under Section 32-2 
10of the Criminal Code of 2012. 
11 (d) Upon receipt of a petition for a plenary firearms 
12restraining order, the court shall order a hearing within 30 
13days. 
14 (e) In determining whether to issue a firearms restraining 
15order under this Section, the court shall consider evidence 
16including, but not limited to, the following: 
17  (1) The unlawful and reckless use, display, or 
18 brandishing of a firearm, ammunition, and firearm parts 
19 that could be assembled to make an operable firearm by the 
20 respondent. 
21  (2) The history of use, attempted use, or threatened 
22 use of physical force by the respondent against another 
23 person. 
24  (3) Any prior arrest of the respondent for a felony 
25 offense.
26  (4) Evidence of the abuse of controlled substances or 
 
 
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1 alcohol by the respondent.
2  (5) A recent threat of violence or act of violence by 
3 the respondent directed toward himself, herself, or 
4 another.
5  (6) A violation of an emergency order of protection 
6 issued under Section 217 of the Illinois Domestic Violence 
7 Act of 1986 or Section 112A-17 of the Code of Criminal 
8 Procedure of 1963 or of an order of protection issued 
9 under Section 214 of the Illinois Domestic Violence Act of 
10 1986 or Section 112A-14 of the Code of Criminal Procedure 
11 of 1963. 
12  (7) A pattern of violent acts or violent threats, 
13 including, but not limited to, threats of violence or acts 
14 of violence by the respondent directed toward himself, 
15 herself, or another.
16 (f) At the hearing, the petitioner shall have the burden 
17of proving, by clear and convincing evidence, that the 
18respondent poses a significant danger of personal injury to 
19himself, herself, or another by having in his or her custody or 
20control, purchasing, possessing, or receiving a firearm, 
21ammunition, and firearm parts that could be assembled to make 
22an operable firearm.
23 (g) If the court finds that there is clear and convincing 
24evidence to issue a plenary firearms restraining order, the 
25court shall issue a firearms restraining order that shall be 
26in effect for up to one year, but not less than 6 months, 
 
 
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1subject to renewal under Section 45 of this Act or termination 
2under that Section. 
3 (g-5) If the court issues a plenary firearms restraining 
4order, it shall, upon a finding of probable cause that the 
5respondent possesses firearms, ammunition, and firearm parts 
6that could be assembled to make an operable firearm, issue a 
7search warrant directing a law enforcement agency to seize the 
8respondent's firearms, ammunition, and firearm parts that 
9could be assembled to make an operable firearm. The court may, 
10as part of that warrant, direct the law enforcement agency to 
11search the respondent's residence and other places where the 
12court finds there is probable cause to believe he or she is 
13likely to possess the firearms, ammunition, and firearm parts 
14that could be assembled to make an operable firearm. A return 
15of the search warrant shall be filed by the law enforcement 
16agency within 4 days thereafter, setting forth the time, date, 
17and location that the search warrant was executed and what 
18items, if any, were seized. 
19 (h) A plenary firearms restraining order shall require:
20  (1) the respondent to refrain from having in his or 
21 her custody or control, purchasing, possessing, or 
22 receiving additional firearms, ammunition, and firearm 
23 parts that could be assembled to make an operable firearm 
24 for the duration of the order under Section 8.2 of the 
25 Firearm Owners Identification Card Act; and
26  (2) the respondent to comply with Section 9.5 of the 
 
 
SB3200- 164 -LRB103 39081 RLC 69219 b


1 Firearm Owners Identification Card Act and subsection (g) 
2 of Section 70 of the Firearm Concealed Carry Act.
3 (i) Except as otherwise provided in subsection (i-5) of 
4this Section, upon expiration of the period of safekeeping, if 
5the firearms, ammunition, and firearm parts that could be 
6assembled to make an operable firearm or Firearm Owner's 
7Identification Card cannot be returned to the respondent 
8because the respondent cannot be located, fails to respond to 
9requests to retrieve the firearms, ammunition, and firearm 
10parts that could be assembled to make an operable firearm, or 
11is not lawfully eligible to possess a firearm, ammunition, and 
12firearm parts that could be assembled to make an operable 
13firearm, upon petition from the local law enforcement agency, 
14the court may order the local law enforcement agency to 
15destroy the firearms, ammunition, and firearm parts that could 
16be assembled to make an operable firearm, use the firearms, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm for training purposes, or use the 
19firearms, ammunition, and firearm parts that could be 
20assembled to make an operable firearm for any other 
21application as deemed appropriate by the local law enforcement 
22agency.
23 (i-5) A respondent whose firearms have been turned over to 
24a local law enforcement agency Firearm Owner's Identification 
25Card has been revoked or suspended may petition the court, if 
26the petitioner is present in court or has notice of the 
 
 
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1respondent's petition, to transfer the respondent's firearm, 
2ammunition, and firearm parts that could be assembled to make 
3an operable firearm to a person who is lawfully able to possess 
4the firearm, ammunition, and firearm parts that could be 
5assembled to make an operable firearm if the person does not 
6reside at the same address as the respondent. Notice of the 
7petition shall be served upon the person protected by the 
8emergency firearms restraining order. While the order is in 
9effect, the transferee who receives the respondent's firearms, 
10ammunition, and firearm parts that could be assembled to make 
11an operable firearm must swear or affirm by affidavit that he 
12or she shall not transfer the firearm, ammunition, and firearm 
13parts that could be assembled to make an operable firearm to 
14the respondent or to anyone residing in the same residence as 
15the respondent.
16 (i-6) If a person other than the respondent claims title 
17to any firearms, ammunition, and firearm parts that could be 
18assembled to make an operable firearm surrendered under this 
19Section, he or she may petition the court, if the petitioner is 
20present in court or has notice of the petition, to have the 
21firearm, ammunition, and firearm parts that could be assembled 
22to make an operable firearm returned to him or her. If the 
23court determines that person to be the lawful owner of the 
24firearm, ammunition, and firearm parts that could be assembled 
25to make an operable firearm, the firearm, ammunition, and 
26firearm parts that could be assembled to make an operable 
 
 
SB3200- 166 -LRB103 39081 RLC 69219 b


1firearm shall be returned to him or her, provided that:
2  (1) the firearm, ammunition, and firearm parts that 
3 could be assembled to make an operable firearm are removed 
4 from the respondent's custody, control, or possession and 
5 the lawful owner agrees to store the firearm, ammunition, 
6 and firearm parts that could be assembled to make an 
7 operable firearm in a manner such that the respondent does 
8 not have access to or control of the firearm, ammunition, 
9 and firearm parts that could be assembled to make an 
10 operable firearm; and
11  (2) the firearm, ammunition, and firearm parts that 
12 could be assembled to make an operable firearm are not 
13 otherwise unlawfully possessed by the owner.
14 The person petitioning for the return of his or her 
15firearm, ammunition, and firearm parts that could be assembled 
16to make an operable firearm must swear or affirm by affidavit 
17that he or she: (i) is the lawful owner of the firearm, 
18ammunition, and firearm parts that could be assembled to make 
19an operable firearm; (ii) shall not transfer the firearm, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm to the respondent; and (iii) will store 
22the firearm, ammunition, and firearm parts that could be 
23assembled to make an operable firearm in a manner that the 
24respondent does not have access to or control of the firearm, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm. 
 
 
SB3200- 167 -LRB103 39081 RLC 69219 b


1 (j) If the court does not issue a firearms restraining 
2order at the hearing, the court shall dissolve any emergency 
3firearms restraining order then in effect.
4 (k) When the court issues a firearms restraining order 
5under this Section, the court shall inform the respondent that 
6he or she is entitled to one hearing during the period of the 
7order to request a termination of the order, under Section 45 
8of this Act, and shall provide the respondent with a form to 
9request a hearing. 
10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
11102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
125-13-22; 102-1116, eff. 1-10-23.)

13 Section 145. The Firearm Dealer License Certification Act 
14is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
15follows:

16 (430 ILCS 68/5-20)
17 Sec. 5-20. Additional licensee requirements. 
18 (a) A certified licensee shall make a photo copy of a 
19buyer's or transferee's valid photo identification card 
20whenever a firearm sale transaction takes place. The photo 
21copy shall be attached to the documentation detailing the 
22record of sale.
23 (b) A certified licensee shall post in a conspicuous 
24position on the premises where the licensee conducts business 
 
 
SB3200- 168 -LRB103 39081 RLC 69219 b


1a sign that contains the following warning in block letters 
2not less than one inch in height:
3  "With few exceptions enumerated in the Criminal Code 
4 of 2012 Firearm Owners Identification Card Act, it is 
5 unlawful for you to:
6   (A) store or leave an unsecured firearm in a place 
7 where a child can obtain access to it; or 
8   (B) sell or transfer your firearm to someone else 
9 without receiving approval for the transfer from the 
10 Illinois State Police, or
11   (B) (C) fail to report the loss or theft of your 
12 firearm to local law enforcement within 72 hours.".
13This sign shall be created by the Illinois State Police and 
14made available for printing or downloading from the Illinois 
15State Police's website.
16 (c) No retail location established after the effective 
17date of this Act shall be located within 500 feet of any 
18school, pre-school, or day care facility in existence at its 
19location before the retail location is established as measured 
20from the nearest corner of the building holding the retail 
21location to the corner of the school, pre-school, or day care 
22facility building nearest the retail location at the time the 
23retail location seeks licensure.
24(Source: P.A. 102-538, eff. 8-20-21.)

25 (430 ILCS 68/5-25)
 
 
SB3200- 169 -LRB103 39081 RLC 69219 b


1 Sec. 5-25. Exemptions. The provisions of this Act related 
2to the certification of a license do not apply to a person or 
3entity that engages in the following activities:
4  (1) temporary transfers of firearms solely for use at 
5 the location or on the premises where the transfer takes 
6 place, such as transfers at a shooting range for use at 
7 that location;
8  (2) temporary transfers of firearms solely for use 
9 while in the presence of the transferor or transfers for 
10 the purposes of firearm safety training by a firearms 
11 safety training instructor;
12  (3) transfers of firearms among immediate family or 
13 household members, as "immediate family or household 
14 member" is defined in Section 3-2.7-10 of the Unified Code 
15 of Corrections, provided that both the transferor and 
16 transferee are not prohibited from possessing a firearm 
17 under federal or State law have a currently valid Firearm 
18 Owner's Identification Card; however, this paragraph (3) 
19 does not limit the familial gift exemption under paragraph 
20 (2) of subsection (a-15) of Section 3 of the Firearm 
21 Owners Identification Card Act;
22  (4) transfers by persons or entities acting under 
23 operation of law or a court order;
24  (5) transfers by persons or entities liquidating all 
25 or part of a collection. For purposes of this paragraph 
26 (5), "collection" means 2 or more firearms which are of 
 
 
SB3200- 170 -LRB103 39081 RLC 69219 b


1 special interest to collectors by reason of some quality 
2 other than is associated with firearms intended for 
3 sporting use or as offensive or defensive weapons;
4  (6) transfers of firearms that have been rendered 
5 permanently inoperable to a nonprofit historical society, 
6 museum, or institutional collection;
7  (7) transfers by a law enforcement or corrections 
8 agency or a law enforcement or corrections officer acting 
9 within the course and scope of his or her official duties;
10  (8) (blank); transfers to a State or local law 
11 enforcement agency by a person who has his or her Firearm 
12 Owner's Identification Card revoked;
13  (9) transfers of curios and relics, as defined under 
14 federal law, between collectors licensed under subsection 
15 (b) of Section 923 of the federal Gun Control Act of 1968;
16  (10) transfers by a person or entity licensed as an 
17 auctioneer under the Auction License Act;
18  (10.5) transfers of firearms to a resident registered 
19 competitor or attendee or non-resident registered 
20 competitor or attendee by a licensed federal firearms 
21 dealer under Section 923 of the federal Gun Control Act of 
22 1968 at a competitive shooting event held at the World 
23 Shooting and Recreational Complex that is sanctioned by a 
24 national governing body; or 
25  (11) transfers between a pawnshop and a customer which 
26 amount to a bailment. For purposes of this paragraph (11), 
 
 
SB3200- 171 -LRB103 39081 RLC 69219 b


1 "bailment" means the act of placing property in the 
2 custody and control of another, by agreement in which the 
3 holder is responsible for the safekeeping and return of 
4 the property. 
5(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

6 (430 ILCS 68/5-40)
7 Sec. 5-40. Qualifications for operation. 
8 (a) Each certified licensee shall submit with each 
9application for certification or renewal an affidavit to the 
10Illinois State Police stating that each owner, employee, or 
11other agent of the certified licensee who sells or conducts 
12transfers of firearms for the certified licensee is at least 
1321 years of age, has a currently valid Firearm Owner's 
14Identification Card and, for a renewal, has completed the 
15training required under Section 5-30. The affidavit must also 
16contain the name and Firearm Owner's Identification Card 
17number of each owner, employee, or other agent who sells or 
18conducts transfers of firearms for the certified licensee. If 
19an owner, employee, or other agent of the certified licensee 
20is not otherwise a resident of this State, the certified 
21licensee shall submit an affidavit stating that the owner, 
22employee, or other agent has undergone a background check and 
23is not prohibited from owning or possessing firearms.
24 (b) In addition to the affidavit required under subsection 
25(a), within 30 days of a new owner, employee, or other agent 
 
 
SB3200- 172 -LRB103 39081 RLC 69219 b


1beginning selling or conducting transfers of firearms for the 
2certified licensee, the certified licensee shall submit an 
3affidavit to the Illinois State Police stating the date that 
4the new owner, employee, or other agent began selling or 
5conducting transfers of firearms for the certified licensee, 
6and providing the information required in subsection (a) for 
7that new owner, employee, or other agent.
8 (c) If a certified licensee has a license, certificate, or 
9permit to sell, lease, transfer, purchase, or possess firearms 
10issued by the federal government or the government of any 
11state revoked or suspended for good cause within the preceding 
124 years, the Illinois State Police may consider revoking or 
13suspending the certified licenses in this State. In making a 
14determination of whether or not to revoke or suspend a 
15certified license in this State, the Illinois State Police 
16shall consider the number of retail locations the certified 
17licensee or any related person or entity operates in this 
18State or in other states under the same or different business 
19names, and the severity of the infraction in the state in which 
20a license was revoked or suspended.
21 (d) Applications and affidavits required under this 
22Section are not subject to disclosure by the Illinois State 
23Police under the Freedom of Information Act.
24(Source: P.A. 102-538, eff. 8-20-21.)

25 (430 ILCS 68/5-85)
 
 
SB3200- 173 -LRB103 39081 RLC 69219 b


1 Sec. 5-85. Disciplinary sanctions. 
2 (a) For violations of this Act not penalized under Section 
35-15, the Illinois State Police may refuse to renew or 
4restore, or may reprimand, place on probation, suspend, 
5revoke, or take other disciplinary or non-disciplinary action 
6against any licensee, and may impose a fine commensurate with 
7the severity of the violation not to exceed $10,000 for each 
8violation for any of the following, consistent with the 
9Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
10through 7903: 
11  (1) Violations of this Act, or any law applicable to 
12 the sale or transfer of firearms. 
13  (2) A pattern of practice or other behavior which 
14 demonstrates incapacity or incompetency to practice under 
15 this Act. 
16  (3) Aiding or assisting another person in violating 
17 any provision of this Act or rules adopted under this Act. 
18  (4) Failing, within 60 days, to provide information in 
19 response to a written request made by the Illinois State 
20 Police. 
21  (5) Conviction of, plea of guilty to, or plea of nolo 
22 contendere to any crime that disqualifies the person from 
23 obtaining a firearm valid Firearm Owner's Identification 
24 Card. 
25  (6) Continued practice, although the person has become 
26 unfit to practice due to any of the following: 
 
 
SB3200- 174 -LRB103 39081 RLC 69219 b


1   (A) Any circumstance that disqualifies the person 
2 from obtaining a firearm valid Firearm Owner's 
3 Identification Card or concealed carry license. 
4   (B) Habitual or excessive use or abuse of drugs 
5 defined in law as controlled substances, alcohol, or 
6 any other substance that results in the inability to 
7 practice with reasonable judgment, skill, or safety.
8  (7) Receiving, directly or indirectly, compensation 
9 for any firearms sold or transferred illegally. 
10  (8) Discipline by another United States jurisdiction, 
11 foreign nation, or governmental agency, if at least one of 
12 the grounds for the discipline is the same or 
13 substantially equivalent to those set forth in this Act. 
14  (9) Violation of any disciplinary order imposed on a 
15 licensee by the Illinois State Police. 
16  (10) A finding by the Illinois State Police that the 
17 licensee, after having his or her certified license placed 
18 on probationary status, has violated the terms of 
19 probation. 
20  (11) A fraudulent or material misstatement in the 
21 completion of an affirmative obligation or inquiry by law 
22 enforcement.
23 (b) All fines imposed under this Section shall be paid 
24within 90 days after the effective date of the final order 
25imposing the fine.
26(Source: P.A. 102-538, eff. 8-20-21.)

 
 
SB3200- 175 -LRB103 39081 RLC 69219 b


1 Section 150. The Wildlife Code is amended by changing 
2Sections 3.2 and 3.2a as follows:

3 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
4 Sec. 3.2. Hunting license; application; instruction. 
5Before the Department or any county, city, village, township, 
6incorporated town clerk or his duly designated agent or any 
7other person authorized or designated by the Department to 
8issue hunting licenses shall issue a hunting license to any 
9person, the person shall file his application with the 
10Department or other party authorized to issue licenses on a 
11form provided by the Department and further give definite 
12proof of identity and place of legal residence. Each clerk 
13designating agents to issue licenses and stamps shall furnish 
14the Department, within 10 days following the appointment, the 
15names and mailing addresses of the agents. Each clerk or his 
16duly designated agent shall be authorized to sell licenses and 
17stamps only within the territorial area for which he was 
18elected or appointed. No duly designated agent is authorized 
19to furnish licenses or stamps for issuance by any other 
20business establishment. Each application shall be executed and 
21sworn to and shall set forth the name and description of the 
22applicant and place of residence.
23 No hunting license shall be issued to any person born on or 
24after January 1, 1980 unless he presents the person authorized 
 
 
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1to issue the license evidence that he has held a hunting 
2license issued by the State of Illinois or another state in a 
3prior year, or a certificate of competency as provided in this 
4Section. Persons under 18 years of age may be issued a Lifetime 
5Hunting or Sportsmen's Combination License as provided under 
6Section 20-45 of the Fish and Aquatic Life Code but shall not 
7be entitled to hunt alone, without the supervision of an adult 
8age 21 or older, unless they have a certificate of competency 
9as provided in this Section and the certificate is in their 
10possession while hunting.
11 The Department of Natural Resources shall authorize 
12personnel of the Department or certified volunteer instructors 
13to conduct courses, of not less than 10 hours in length, in 
14firearms and hunter safety, which may include training in bow 
15and arrow safety, at regularly specified intervals throughout 
16the State. Persons successfully completing the course shall 
17receive a certificate of competency. The Department of Natural 
18Resources may further cooperate with any reputable association 
19or organization in establishing courses if the organization 
20has as one of its objectives the promotion of safety in the 
21handling of firearms or bow and arrow.
22 The Department of Natural Resources shall designate any 
23person found by it to be competent to give instruction in the 
24handling of firearms, hunter safety, and bow and arrow. The 
25persons so appointed shall give the course of instruction and 
26upon the successful completion shall issue to the person 
 
 
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1instructed a certificate of competency in the safe handling of 
2firearms, hunter safety, and bow and arrow. No charge shall be 
3made for any course of instruction except for materials or 
4ammunition consumed. The Department of Natural Resources shall 
5furnish information on the requirements of hunter safety 
6education programs to be distributed free of charge to 
7applicants for hunting licenses by the persons appointed and 
8authorized to issue licenses. Funds for the conducting of 
9firearms and hunter safety courses shall be taken from the fee 
10charged for the Firearm Owners Identification Card.
11 The fee for a hunting license to hunt all species for a 
12resident of Illinois is $12. For residents age 65 or older, 
13and, commencing with the 2012 license year, resident veterans 
14of the United States Armed Forces after returning from service 
15abroad or mobilization by the President of the United States 
16as an active duty member of the United States Armed Forces, the 
17Illinois National Guard, or the Reserves of the United States 
18Armed Forces, the fee is one-half of the fee charged for a 
19hunting license to hunt all species for a resident of 
20Illinois. Veterans must provide to the Department acceptable 
21verification of their service. The Department shall establish 
22by administrative rule the procedure by which such 
23verification of service shall be made to the Department for 
24the purpose of issuing resident veterans hunting licenses at a 
25reduced fee. The fee for a hunting license to hunt all species 
26shall be $1 for residents over 75 years of age. Nonresidents 
 
 
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1shall be charged $57 for a hunting license.
2 Residents of this State may obtain a 3-year hunting 
3license to hunt all species as described in Section 3.1 for 3 
4times the annual fee. For residents age 65 or older and 
5resident veterans of the United States Armed Forces after 
6returning from service abroad or mobilization by the President 
7of the United States, the fee is one-half of the fee charged 
8for a 3-year hunting license to hunt all species as described 
9in Section 3.1 for a resident of this State. Veterans must 
10provide to the Department, per administrative rule, 
11verification of their service. The Department shall establish 
12what constitutes suitable verification of service for the 
13purpose of issuing resident veterans 3-year hunting licenses 
14at a reduced fee. 
15 Nonresidents may be issued a nonresident hunting license 
16for a period not to exceed 10 consecutive days' hunting in the 
17State and shall be charged a fee of $35.
18 A special nonresident hunting license authorizing a 
19nonresident to take game birds by hunting on a game breeding 
20and hunting preserve area only, established under Section 
213.27, shall be issued upon proper application being made and 
22payment of a fee equal to that for a resident hunting license. 
23The expiration date of this license shall be on the same date 
24each year that game breeding and hunting preserve area 
25licenses expire.
26 Each applicant for a State Migratory Waterfowl Stamp, 
 
 
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1regardless of his residence or other condition, shall pay a 
2fee of $15 and shall receive a stamp. The fee for a State 
3Migratory Waterfowl Stamp shall be waived for residents over 
475 years of age. Except as provided under Section 20-45 of the 
5Fish and Aquatic Life Code, the stamp shall be signed by the 
6person or affixed to his license or permit in a space 
7designated by the Department for that purpose.
8 Each applicant for a State Habitat Stamp, regardless of 
9his residence or other condition, shall pay a fee of $5 and 
10shall receive a stamp. The fee for a State Habitat Stamp shall 
11be waived for residents over 75 years of age. Except as 
12provided under Section 20-45 of the Fish and Aquatic Life 
13Code, the stamp shall be signed by the person or affixed to his 
14license or permit in a space designated by the Department for 
15that purpose.
16 Nothing in this Section shall be construed as to require 
17the purchase of more than one State Habitat Stamp by any person 
18in any one license year.
19 The fees for State Pheasant Stamps and State Furbearer 
20Stamps shall be waived for residents over 75 years of age. 
21 The Department shall furnish the holders of hunting 
22licenses and stamps with an insignia as evidence of possession 
23of license, or license and stamp, as the Department may 
24consider advisable. The insignia shall be exhibited and used 
25as the Department may order.
26 All other hunting licenses and all State stamps shall 
 
 
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1expire upon March 31 of each year. Three-year hunting licenses 
2shall expire on March 31 of the 2nd year after the year in 
3which the license is issued.
4 Every person holding any license, permit, or stamp issued 
5under the provisions of this Act shall have it in his 
6possession for immediate presentation for inspection to the 
7officers and authorized employees of the Department, any 
8sheriff, deputy sheriff, or any other peace officer making a 
9demand for it. This provision shall not apply to Department 
10owned or managed sites where it is required that all hunters 
11deposit their license or , permit, or Firearm Owner's 
12Identification Card at the check station upon entering the 
13hunting areas.
14 For the purposes of this Section, "acceptable 
15verification" means official documentation from the Department 
16of Defense or the appropriate Major Command showing 
17mobilization dates or service abroad dates, including: (i) a 
18DD-214, (ii) a letter from the Illinois Department of Military 
19Affairs for members of the Illinois National Guard, (iii) a 
20letter from the Regional Reserve Command for members of the 
21Armed Forces Reserve, (iv) a letter from the Major Command 
22covering Illinois for active duty members, (v) personnel 
23records for mobilized State employees, and (vi) any other 
24documentation that the Department, by administrative rule, 
25deems acceptable to establish dates of mobilization or service 
26abroad. 
 
 
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1 For the purposes of this Section, the term "service 
2abroad" means active duty service outside of the 50 United 
3States and the District of Columbia, and includes all active 
4duty service in territories and possessions of the United 
5States. 
6(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)

7 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
8 Sec. 3.2a. Every person holding any license, permit or 
9stamp issued under the provisions hereof shall have it in his 
10possession for immediate presentation for inspection to the 
11officers and authorized employees of the Department, any 
12sheriff, deputy sheriff or any other peace officer making a 
13demand for it. This provision shall not apply to Department 
14owned or managed sites where it is required that all hunters 
15deposit their license or , permit or Firearm Owner's 
16Identification Card at the check station upon entering the 
17hunting areas. 
18(Source: P.A. 85-152.)

19 Section 155. The Illinois Vehicle Code is amended by 
20changing Section 2-116 as follows:

21 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
22 Sec. 2-116. Secretary of State Department of Police. 
23 (a) The Secretary of State and the officers, inspectors, 
 
 
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1and investigators appointed by him shall cooperate with the 
2Illinois State Police and the sheriffs and police in enforcing 
3the laws regulating the operation of vehicles and the use of 
4the highways.
5 (b) The Secretary of State may provide training and 
6education for members of his office in traffic regulation, the 
7promotion of traffic safety and the enforcement of laws vested 
8in the Secretary of State for administration and enforcement 
9regulating the operation of vehicles and the use of the 
10highways.
11 (c) The Secretary of State may provide distinctive 
12uniforms and badges for officers, inspectors and investigators 
13employed in the administration of laws relating to the 
14operation of vehicles and the use of the highways and vesting 
15the administration and enforcement of such laws in the 
16Secretary of State.
17 (c-5) The Director of the Secretary of State Department of 
18Police shall establish a program to allow a Secretary of State 
19Police officer, inspector, or investigator who is honorably 
20retiring in good standing to purchase either one or both of the 
21following: (1) any Secretary of State Department of Police 
22badge previously issued to that officer, inspector, or 
23investigator; or (2) if the officer, inspector, or 
24investigator has a currently valid Firearm Owner's 
25Identification Card, the service firearm issued or previously 
26issued to the officer, inspector, or investigator by the 
 
 
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1Secretary of State Department of Police. The cost of the 
2firearm shall be the replacement value of the firearm and not 
3the firearm's fair market value. 
4 (d) The Secretary of State Department of Police is 
5authorized to:
6  (1) investigate the origins, activities, persons, and 
7 incidents of crime and the ways and means, if any, to 
8 redress the victims of crimes, and study the impact, if 
9 any, of legislation relative to the criminal laws of this 
10 State related thereto and conduct any other investigations 
11 as may be provided by law;
12  (2) employ skilled experts, technicians, 
13 investigators, special agents, or otherwise specially 
14 qualified persons to aid in preventing or detecting crime, 
15 apprehending criminals, or preparing and presenting 
16 evidence of violations of the criminal laws of the State;
17  (3) cooperate with the police of cities, villages, and 
18 incorporated towns, and with the police officers of any 
19 county, in enforcing the laws of the State and in making 
20 arrests;
21  (4) provide, as may be required by law, assistance to 
22 local law enforcement agencies through training, 
23 management, and consultant services for local law 
24 enforcement agencies, pertaining to law enforcement 
25 activities;
26  (5) exercise the rights, powers, and duties which have 
 
 
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1 been vested in it by the Secretary of State Act and this 
2 Code; and
3  (6) enforce and administer any other laws in relation 
4 to law enforcement as may be vested in the Secretary of 
5 State Department of Police.
6 Persons within the Secretary of State Department of Police 
7who exercise these powers are conservators of the peace and 
8have all the powers possessed by policemen in municipalities 
9and sheriffs, and may exercise these powers anywhere in the 
10State in cooperation with local law enforcement officials. 
11These persons may use false or fictitious names in the 
12performance of their duties under this Section, upon approval 
13of the Director of Police-Secretary of State, and shall not be 
14subject to prosecution under the criminal laws for that use.
15 (e) The Secretary of State Department of Police may 
16charge, collect, and receive fees or moneys equivalent to the 
17cost of providing its personnel, equipment, and services to 
18governmental agencies when explicitly requested by a 
19governmental agency and according to an intergovernmental 
20agreement or memorandums of understanding as provided by this 
21Section, including but not limited to fees or moneys 
22equivalent to the cost of providing training to other 
23governmental agencies on terms and conditions that in the 
24judgment of the Director of Police-Secretary of State are in 
25the best interest of the Secretary of State. All fees received 
26by the Secretary of State Police Department under this Act 
 
 
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1shall be deposited in a special fund in the State Treasury to 
2be known as the Secretary of State Police Services Fund. The 
3money deposited in the Secretary of State Police Services Fund 
4shall be appropriated to the Secretary of State Department of 
5Police as provided for in subsection (g).
6 (f) The Secretary of State Department of Police may apply 
7for grants or contracts and receive, expend, allocate, or 
8disburse moneys made available by public or private entities, 
9including, but not limited to, contracts, bequests, grants, or 
10receiving equipment from corporations, foundations, or public 
11or private institutions of higher learning.
12 (g) The Secretary of State Police Services Fund is hereby 
13created as a special fund in the State Treasury. All moneys 
14received under this Section by the Secretary of State 
15Department of Police shall be deposited into the Secretary of 
16State Police Services Fund to be appropriated to the Secretary 
17of State Department of Police for purposes as indicated by the 
18grantor or contractor or, in the case of moneys bequeathed or 
19granted for no specific purpose, for any purpose as deemed 
20appropriate by the Director of Police-Secretary of State in 
21administering the responsibilities of the Secretary of State 
22Department of Police.
23(Source: P.A. 102-538, eff. 8-20-21.)

24 Section 160. The Criminal Code of 2012 is amended by 
25changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
 
 
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124-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
224-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
3adding Section 24-4.5 as follows:

4 (720 ILCS 5/2-7.1)
5 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition". 
6"Firearm "Firearm" and "firearm ammunition" means any 
7self-contained cartridge or shotgun shell, by whatever name 
8known, which is designed to be used or adaptable to use in a 
9firearm; excluding, however:
10 (1) any ammunition exclusively designed for use with a 
11device used exclusively for signaling or safety and required 
12or recommended by the United States Coast Guard or the 
13Interstate Commerce Commission; and
14 (2) any ammunition designed exclusively for use with a 
15stud or rivet driver or other similar industrial ammunition 
16have the meanings ascribed to them in Section 1.1 of the 
17Firearm Owners Identification Card Act.
18(Source: P.A. 91-544, eff. 1-1-00.)

19 (720 ILCS 5/2-7.5)
20 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
21specific Section, "firearm" means any device, by whatever name 
22known, which is designed to expel a projectile or projectiles 
23by the action of an explosion, expansion of gas or escape of 
24gas; excluding, however:
 
 
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1 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
2gun which expels a single globular projectile not exceeding 
3.18 inch in diameter or which has a maximum muzzle velocity of 
4less than 700 feet per second;
5 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
6B-B gun which expels breakable paint balls containing washable 
7marking colors; 
8 (2) any device used exclusively for signaling or safety 
9and required or recommended by the United States Coast Guard 
10or the Interstate Commerce Commission;
11 (3) any device used exclusively for the firing of stud 
12cartridges, explosive rivets, or similar industrial 
13ammunition; and
14 (4) an antique firearm (other than a machine-gun) which, 
15although designed as a weapon, the Illinois State Police finds 
16by reason of the date of its manufacture, value, design, and 
17other characteristics is primarily a collector's item and is 
18not likely to be used as a weapon has the meaning ascribed to 
19it in Section 1.1 of the Firearm Owners Identification Card 
20Act.
21(Source: P.A. 95-331, eff. 8-21-07.)

22 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
23 Sec. 12-3.05. Aggravated battery. 
24 (a) Offense based on injury. A person commits aggravated 
25battery when, in committing a battery, other than by the 
 
 
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1discharge of a firearm, he or she knowingly does any of the 
2following:
3  (1) Causes great bodily harm or permanent disability 
4 or disfigurement.
5  (2) Causes severe and permanent disability, great 
6 bodily harm, or disfigurement by means of a caustic or 
7 flammable substance, a poisonous gas, a deadly biological 
8 or chemical contaminant or agent, a radioactive substance, 
9 or a bomb or explosive compound.
10  (3) Causes great bodily harm or permanent disability 
11 or disfigurement to an individual whom the person knows to 
12 be a peace officer, community policing volunteer, fireman, 
13 private security officer, correctional institution 
14 employee, or Department of Human Services employee 
15 supervising or controlling sexually dangerous persons or 
16 sexually violent persons:
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) Causes great bodily harm or permanent disability 
23 or disfigurement to an individual 60 years of age or 
24 older.
25  (5) Strangles another individual. 
26 (b) Offense based on injury to a child or person with an 
 
 
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1intellectual disability. A person who is at least 18 years of 
2age commits aggravated battery when, in committing a battery, 
3he or she knowingly and without legal justification by any 
4means:
5  (1) causes great bodily harm or permanent disability 
6 or disfigurement to any child under the age of 13 years, or 
7 to any person with a severe or profound intellectual 
8 disability; or
9  (2) causes bodily harm or disability or disfigurement 
10 to any child under the age of 13 years or to any person 
11 with a severe or profound intellectual disability. 
12 (c) Offense based on location of conduct. A person commits 
13aggravated battery when, in committing a battery, other than 
14by the discharge of a firearm, he or she is or the person 
15battered is on or about a public way, public property, a public 
16place of accommodation or amusement, a sports venue, or a 
17domestic violence shelter, or in a church, synagogue, mosque, 
18or other building, structure, or place used for religious 
19worship.
20 (d) Offense based on status of victim. A person commits 
21aggravated battery when, in committing a battery, other than 
22by discharge of a firearm, he or she knows the individual 
23battered to be any of the following:
24  (1) A person 60 years of age or older.
25  (2) A person who is pregnant or has a physical 
26 disability.
 
 
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1  (3) A teacher or school employee upon school grounds 
2 or grounds adjacent to a school or in any part of a 
3 building used for school purposes.
4  (4) A peace officer, community policing volunteer, 
5 fireman, private security officer, correctional 
6 institution employee, or Department of Human Services 
7 employee supervising or controlling sexually dangerous 
8 persons or sexually violent persons:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (5) A judge, emergency management worker, emergency 
15 medical services personnel, or utility worker:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (6) An officer or employee of the State of Illinois, a 
22 unit of local government, or a school district, while 
23 performing his or her official duties.
24  (7) A transit employee performing his or her official 
25 duties, or a transit passenger.
26  (8) A taxi driver on duty.
 
 
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1  (9) A merchant who detains the person for an alleged 
2 commission of retail theft under Section 16-26 of this 
3 Code and the person without legal justification by any 
4 means causes bodily harm to the merchant.
5  (10) A person authorized to serve process under 
6 Section 2-202 of the Code of Civil Procedure or a special 
7 process server appointed by the circuit court while that 
8 individual is in the performance of his or her duties as a 
9 process server.
10  (11) A nurse while in the performance of his or her 
11 duties as a nurse. 
12  (12) A merchant: (i) while performing his or her 
13 duties, including, but not limited to, relaying directions 
14 for healthcare or safety from his or her supervisor or 
15 employer or relaying health or safety guidelines, 
16 recommendations, regulations, or rules from a federal, 
17 State, or local public health agency; and (ii) during a 
18 disaster declared by the Governor, or a state of emergency 
19 declared by the mayor of the municipality in which the 
20 merchant is located, due to a public health emergency and 
21 for a period of 6 months after such declaration. 
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 
26 a firearm equipped with a silencer, and causes any injury 
 
 
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1 to another person.
2  (2) Discharges a firearm, other than a machine gun or 
3 a firearm equipped with a silencer, and causes any injury 
4 to a person he or she knows to be a peace officer, 
5 community policing volunteer, person summoned by a police 
6 officer, 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 
14 a firearm equipped with a silencer, and causes any injury 
15 to a person he or she knows to be emergency medical 
16 services 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 
 
 
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1 purposes.
2  (5) Discharges a machine gun or a firearm equipped 
3 with a silencer, and causes any injury to another person.
4  (6) Discharges a machine gun or a firearm equipped 
5 with a silencer, and causes any injury to a person he or 
6 she knows to be a peace officer, community policing 
7 volunteer, person summoned by a police officer, fireman, 
8 private security officer, correctional institution 
9 employee or 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 
16 with a silencer, and causes any injury to a person he or 
17 she 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 
24 with a silencer, and causes any injury to a person he or 
25 she knows to be a teacher, or a student in a school, or a 
26 school employee, and the teacher, student, or employee is 
 
 
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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 
5or she 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.
 
 
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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, 
5 anesthetic, or controlled substance, or gives to another 
6 person any food containing any substance or object 
7 intended to cause 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 
15 of 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(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
26of Corrections, as the infliction of or subjection to extreme 
 
 
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1physical pain, motivated by an intent to increase or prolong 
2the pain, suffering, or agony of the victim. 
3 Aggravated battery as defined in subdivision (a)(1) is a 
4Class 2 felony when the person causes great bodily harm or 
5permanent disability to an individual whom the person knows to 
6be a member of a congregation engaged in prayer or other 
7religious activities at a church, synagogue, mosque, or other 
8building, structure, or place used for religious worship. 
9 Aggravated battery under subdivision (a)(5) is a Class 1 
10felony if:
11  (A) the person used or attempted to use a dangerous 
12 instrument while committing the offense;
13  (B) the person caused great bodily harm or permanent 
14 disability or disfigurement to the other person while 
15 committing the offense; or
16  (C) the person has been previously convicted of a 
17 violation of subdivision (a)(5) under the laws of this 
18 State or laws similar to subdivision (a)(5) of any other 
19 state. 
20 Aggravated battery as defined in subdivision (e)(1) is a 
21Class X felony.
22 Aggravated battery as defined in subdivision (a)(2) is a 
23Class X felony for which a person shall be sentenced to a term 
24of imprisonment of a minimum of 6 years and a maximum of 45 
25years.
26 Aggravated battery as defined in subdivision (e)(5) is a 
 
 
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1Class X felony for which a person shall be sentenced to a term 
2of imprisonment of a minimum of 12 years and a maximum of 45 
3years.
4 Aggravated battery as defined in subdivision (e)(2), 
5(e)(3), or (e)(4) is a Class X felony for which a person shall 
6be sentenced to a term of imprisonment of a minimum of 15 years 
7and a maximum of 60 years.
8 Aggravated battery as defined in subdivision (e)(6), 
9(e)(7), or (e)(8) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 20 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (b)(1) is a 
13Class X felony, except that:
14  (1) if the person committed the offense while armed 
15 with a firearm, 15 years shall be added to the term of 
16 imprisonment imposed by the court;
17  (2) if, during the commission of the offense, the 
18 person personally discharged a firearm, 20 years shall be 
19 added to the term of imprisonment imposed by the court;
20  (3) if, during the commission of the offense, the 
21 person personally discharged a firearm that proximately 
22 caused great bodily harm, permanent disability, permanent 
23 disfigurement, or death to another person, 25 years or up 
24 to a term of natural life shall be added to the term of 
25 imprisonment imposed by the court.
26 (i) Definitions. In this Section:
 
 
SB3200- 198 -LRB103 39081 RLC 69219 b


1 "Building or other structure used to provide shelter" has 
2the meaning ascribed to "shelter" in Section 1 of the Domestic 
3Violence Shelters Act.
4 "Domestic violence" has the meaning ascribed to it in 
5Section 103 of the Illinois Domestic Violence Act of 1986.
6 "Domestic violence shelter" means any building or other 
7structure used to provide shelter or other services to victims 
8or to the dependent children of victims of domestic violence 
9pursuant to the Illinois Domestic Violence Act of 1986 or the 
10Domestic Violence Shelters Act, or any place within 500 feet 
11of such a building or other structure in the case of a person 
12who is going to or from such a building or other structure.
13 "Firearm" has the meaning provided under Section 2-7.5 of 
14this Code 1.1 of the Firearm Owners Identification Card Act, 
15and does not include an air rifle as defined by Section 
1624.8-0.1 of this Code. 
17 "Machine gun" has the meaning ascribed to it in Section 
1824-1 of this Code.
19 "Merchant" has the meaning ascribed to it in Section 
2016-0.1 of this Code. 
21 "Strangle" means intentionally impeding the normal 
22breathing or circulation of the blood of an individual by 
23applying pressure on the throat or neck of that individual or 
24by blocking the nose or mouth of that individual. 
25(Source: P.A. 103-51, eff. 1-1-24.)

 
 
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1 (720 ILCS 5/16-0.1)
2 Sec. 16-0.1. Definitions. In this Article, unless the 
3context clearly requires otherwise, the following terms are 
4defined as indicated:
5 "Access" means to use, instruct, communicate with, store 
6data in, retrieve or intercept data from, or otherwise utilize 
7any services of a computer.
8 "Coin-operated machine" includes any automatic vending 
9machine or any part thereof, parking meter, coin telephone, 
10coin-operated transit turnstile, transit fare box, coin 
11laundry machine, coin dry cleaning machine, amusement machine, 
12music machine, vending machine dispensing goods or services, 
13or money changer.
14 "Communication device" means any type of instrument, 
15device, machine, or equipment which is capable of 
16transmitting, acquiring, decrypting, or receiving any 
17telephonic, electronic, data, Internet access, audio, video, 
18microwave, or radio transmissions, signals, communications, or 
19services, including the receipt, acquisition, transmission, or 
20decryption of all such communications, transmissions, signals, 
21or services provided by or through any cable television, fiber 
22optic, telephone, satellite, microwave, radio, Internet-based, 
23data transmission, or wireless distribution network, system or 
24facility; or any part, accessory, or component thereof, 
25including any computer circuit, security module, smart card, 
26software, computer chip, electronic mechanism or other 
 
 
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1component, accessory or part of any communication device which 
2is capable of facilitating the transmission, decryption, 
3acquisition or reception of all such communications, 
4transmissions, signals, or services.
5 "Communication service" means any service lawfully 
6provided for a charge or compensation to facilitate the lawful 
7origination, transmission, emission, or reception of signs, 
8signals, data, writings, images, and sounds or intelligence of 
9any nature by telephone, including cellular telephones or a 
10wire, wireless, radio, electromagnetic, photo-electronic or 
11photo-optical system; and also any service lawfully provided 
12by any radio, telephone, cable television, fiber optic, 
13satellite, microwave, Internet-based or wireless distribution 
14network, system, facility or technology, including, but not 
15limited to, any and all electronic, data, video, audio, 
16Internet access, telephonic, microwave and radio 
17communications, transmissions, signals and services, and any 
18such communications, transmissions, signals and services 
19lawfully provided directly or indirectly by or through any of 
20those networks, systems, facilities or technologies.
21 "Communication service provider" means: (1) any person or 
22entity providing any communication service, whether directly 
23or indirectly, as a reseller, including, but not limited to, a 
24cellular, paging or other wireless communications company or 
25other person or entity which, for a fee, supplies the 
26facility, cell site, mobile telephone switching office or 
 
 
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1other equipment or communication service; (2) any person or 
2entity owning or operating any cable television, fiber optic, 
3satellite, telephone, wireless, microwave, radio, data 
4transmission or Internet-based distribution network, system or 
5facility; and (3) any person or entity providing any 
6communication service directly or indirectly by or through any 
7such distribution system, network or facility.
8 "Computer" means a device that accepts, processes, stores, 
9retrieves or outputs data, and includes but is not limited to 
10auxiliary storage and telecommunications devices connected to 
11computers.
12 "Continuing course of conduct" means a series of acts, and 
13the accompanying mental state necessary for the crime in 
14question, irrespective of whether the series of acts are 
15continuous or intermittent. 
16 "Delivery container" means any bakery basket of wire or 
17plastic used to transport or store bread or bakery products, 
18any dairy case of wire or plastic used to transport or store 
19dairy products, and any dolly or cart of 2 or 4 wheels used to 
20transport or store any bakery or dairy product.
21 "Document-making implement" means any implement, 
22impression, template, computer file, computer disc, electronic 
23device, computer hardware, computer software, instrument, or 
24device that is used to make a real or fictitious or fraudulent 
25personal identification document.
26 "Financial transaction device" means any of the following:
 
 
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1  (1) An electronic funds transfer card.
2  (2) A credit card.
3  (3) A debit card.
4  (4) A point-of-sale card.
5  (5) Any instrument, device, card, plate, code, account 
6 number, personal identification number, or a record or 
7 copy of a code, account number, or personal identification 
8 number or other means of access to a credit account or 
9 deposit account, or a driver's license or State 
10 identification card used to access a proprietary account, 
11 other than access originated solely by a paper instrument, 
12 that can be used alone or in conjunction with another 
13 access device, for any of the following purposes:
14   (A) Obtaining money, cash refund or credit 
15 account, credit, goods, services, or any other thing 
16 of value.
17   (B) Certifying or guaranteeing to a person or 
18 business the availability to the device holder of 
19 funds on deposit to honor a draft or check payable to 
20 the order of that person or business.
21   (C) Providing the device holder access to a 
22 deposit account for the purpose of making deposits, 
23 withdrawing funds, transferring funds between deposit 
24 accounts, obtaining information pertaining to a 
25 deposit account, or making an electronic funds 
26 transfer.
 
 
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1 "Full retail value" means the merchant's stated or 
2advertised price of the merchandise. "Full retail value" 
3includes the aggregate value of property obtained from retail 
4thefts committed by the same person as part of a continuing 
5course of conduct from one or more mercantile establishments 
6in a single transaction or in separate transactions over a 
7period of one year.
8 "Internet" means an interactive computer service or system 
9or an information service, system, or access software provider 
10that provides or enables computer access by multiple users to 
11a computer server, and includes, but is not limited to, an 
12information service, system, or access software provider that 
13provides access to a network system commonly known as the 
14Internet, or any comparable system or service and also 
15includes, but is not limited to, a World Wide Web page, 
16newsgroup, message board, mailing list, or chat area on any 
17interactive computer service or system or other online 
18service.
19 "Library card" means a card or plate issued by a library 
20facility for purposes of identifying the person to whom the 
21library card was issued as authorized to borrow library 
22material, subject to all limitations and conditions imposed on 
23the borrowing by the library facility issuing such card.
24 "Library facility" includes any public library or museum, 
25or any library or museum of an educational, historical or 
26eleemosynary institution, organization or society.
 
 
SB3200- 204 -LRB103 39081 RLC 69219 b


1 "Library material" includes any book, plate, picture, 
2photograph, engraving, painting, sculpture, statue, artifact, 
3drawing, map, newspaper, pamphlet, broadside, magazine, 
4manuscript, document, letter, microfilm, sound recording, 
5audiovisual material, magnetic or other tape, electronic data 
6processing record or other documentary, written or printed 
7material regardless of physical form or characteristics, or 
8any part thereof, belonging to, or on loan to or otherwise in 
9the custody of a library facility.
10 "Manufacture or assembly of an unlawful access device" 
11means to make, produce or assemble an unlawful access device 
12or to modify, alter, program or re-program any instrument, 
13device, machine, equipment or software so that it is capable 
14of defeating or circumventing any technology, device or 
15software used by the provider, owner or licensee of a 
16communication service or of any data, audio or video programs 
17or transmissions to protect any such communication, data, 
18audio or video services, programs or transmissions from 
19unauthorized access, acquisition, disclosure, receipt, 
20decryption, communication, transmission or re-transmission.
21 "Manufacture or assembly of an unlawful communication 
22device" means to make, produce or assemble an unlawful 
23communication or wireless device or to modify, alter, program 
24or reprogram a communication or wireless device to be capable 
25of acquiring, disrupting, receiving, transmitting, decrypting, 
26or facilitating the acquisition, disruption, receipt, 
 
 
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1transmission or decryption of, a communication service without 
2the express consent or express authorization of the 
3communication service provider, or to knowingly assist others 
4in those activities.
5 "Master sound recording" means the original physical 
6object on which a given set of sounds were first recorded and 
7which the original object from which all subsequent sound 
8recordings embodying the same set of sounds are directly or 
9indirectly derived.
10 "Merchandise" means any item of tangible personal 
11property, including motor fuel.
12 "Merchant" means an owner or operator of any retail 
13mercantile establishment or any agent, employee, lessee, 
14consignee, officer, director, franchisee, or independent 
15contractor of the owner or operator. "Merchant" also means a 
16person who receives from an authorized user of a payment card, 
17or someone the person believes to be an authorized user, a 
18payment card or information from a payment card, or what the 
19person believes to be a payment card or information from a 
20payment card, as the instrument for obtaining, purchasing or 
21receiving goods, services, money, or anything else of value 
22from the person.
23 "Motor fuel" means a liquid, regardless of its properties, 
24used to propel a vehicle, including gasoline and diesel.
25 "Online" means the use of any electronic or wireless 
26device to access the Internet.
 
 
SB3200- 206 -LRB103 39081 RLC 69219 b


1 "Payment card" means a credit card, charge card, debit 
2card, or any other card that is issued to an authorized card 
3user and that allows the user to obtain, purchase, or receive 
4goods, services, money, or anything else of value from a 
5merchant.
6 "Person with a disability" means a person who suffers from 
7a physical or mental impairment resulting from disease, 
8injury, functional disorder or congenital condition that 
9impairs the individual's mental or physical ability to 
10independently manage his or her property or financial 
11resources, or both. 
12 "Personal identification document" means a birth 
13certificate, a driver's license, a State identification card, 
14a public, government, or private employment identification 
15card, a social security card, a license issued under the 
16Firearm Concealed Carry Act firearm owner's identification 
17card, a credit card, a debit card, or a passport issued to or 
18on behalf of a person other than the offender, or any document 
19made or issued, or falsely purported to have been made or 
20issued, by or under the authority of the United States 
21Government, the State of Illinois, or any other state 
22political subdivision of any state, or any other governmental 
23or quasi-governmental organization that is of a type intended 
24for the purpose of identification of an individual, or any 
25such document made or altered in a manner that it falsely 
26purports to have been made on behalf of or issued to another 
 
 
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1person or by the authority of one who did not give that 
2authority.
3 "Personal identifying information" means any of the 
4following information:
5  (1) A person's name.
6  (2) A person's address.
7  (3) A person's date of birth.
8  (4) A person's telephone number.
9  (5) A person's driver's license number or State of 
10 Illinois identification card as assigned by the Secretary 
11 of State of the State of Illinois or a similar agency of 
12 another state.
13  (6) A person's social security number.
14  (7) A person's public, private, or government 
15 employer, place of employment, or employment 
16 identification number.
17  (8) The maiden name of a person's mother.
18  (9) The number assigned to a person's depository 
19 account, savings account, or brokerage account.
20  (10) The number assigned to a person's credit or debit 
21 card, commonly known as a "Visa Card", "MasterCard", 
22 "American Express Card", "Discover Card", or other similar 
23 cards whether issued by a financial institution, 
24 corporation, or business entity.
25  (11) Personal identification numbers.
26  (12) Electronic identification numbers.
 
 
SB3200- 208 -LRB103 39081 RLC 69219 b


1  (13) Digital signals.
2  (14) User names, passwords, and any other word, 
3 number, character or combination of the same usable in 
4 whole or part to access information relating to a specific 
5 individual, or to the actions taken, communications made 
6 or received, or other activities or transactions of a 
7 specific individual.
8  (15) Any other numbers or information which can be 
9 used to access a person's financial resources, or to 
10 identify a specific individual, or the actions taken, 
11 communications made or received, or other activities or 
12 transactions of a specific individual.
13 "Premises of a retail mercantile establishment" includes, 
14but is not limited to, the retail mercantile establishment; 
15any common use areas in shopping centers; and all parking 
16areas set aside by a merchant or on behalf of a merchant for 
17the parking of vehicles for the convenience of the patrons of 
18such retail mercantile establishment.
19 "Public water, gas, or power supply, or other public 
20services" mean any service subject to regulation by the 
21Illinois Commerce Commission; any service furnished by a 
22public utility that is owned and operated by any political 
23subdivision, public institution of higher education or 
24municipal corporation of this State; any service furnished by 
25any public utility that is owned by such political 
26subdivision, public institution of higher education, or 
 
 
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1municipal corporation and operated by any of its lessees or 
2operating agents; any service furnished by an electric 
3cooperative as defined in Section 3.4 of the Electric Supplier 
4Act; or wireless service or other service regulated by the 
5Federal Communications Commission.
6 "Publish" means to communicate or disseminate information 
7to any one or more persons, either orally, in person, or by 
8telephone, radio or television or in writing of any kind, 
9including, without limitation, a letter or memorandum, 
10circular or handbill, newspaper or magazine article or book.
11 "Radio frequency identification device" means any 
12implement, computer file, computer disc, electronic device, 
13computer hardware, computer software, or instrument that is 
14used to activate, read, receive, or decode information stored 
15on a RFID tag or transponder attached to a personal 
16identification document. 
17 "RFID tag or transponder" means a chip or device that 
18contains personal identifying information from which the 
19personal identifying information can be read or decoded by 
20another device emitting a radio frequency that activates or 
21powers a radio frequency emission response from the chip or 
22transponder. 
23 "Reencoder" means an electronic device that places encoded 
24information from the magnetic strip or stripe of a payment 
25card onto the magnetic strip or stripe of a different payment 
26card.
 
 
SB3200- 210 -LRB103 39081 RLC 69219 b


1 "Retail mercantile establishment" means any place where 
2merchandise is displayed, held, stored or offered for sale to 
3the public.
4 "Scanning device" means a scanner, reader, or any other 
5electronic device that is used to access, read, scan, obtain, 
6memorize, or store, temporarily or permanently, information 
7encoded on the magnetic strip or stripe of a payment card.
8 "Shopping cart" means those push carts of the type or 
9types which are commonly provided by grocery stores, drug 
10stores or other retail mercantile establishments for the use 
11of the public in transporting commodities in stores and 
12markets and, incidentally, from the stores to a place outside 
13the store.
14 "Sound or audio visual recording" means any sound or audio 
15visual phonograph record, disc, pre-recorded tape, film, wire, 
16magnetic tape or other object, device or medium, now known or 
17hereafter invented, by which sounds or images may be 
18reproduced with or without the use of any additional machine, 
19equipment or device.
20 "Stored value card" means any card, gift card, instrument, 
21or device issued with or without fee for the use of the 
22cardholder to obtain money, goods, services, or anything else 
23of value. Stored value cards include, but are not limited to, 
24cards issued for use as a stored value card or gift card, and 
25an account identification number or symbol used to identify a 
26stored value card. "Stored value card" does not include a 
 
 
SB3200- 211 -LRB103 39081 RLC 69219 b


1prepaid card usable at multiple, unaffiliated merchants or at 
2automated teller machines, or both. "Stored value card" shall 
3only apply to Section 16-25.1 of this Act. 
4 "Theft detection device remover" means any tool or device 
5specifically designed and intended to be used to remove any 
6theft detection device from any merchandise.
7 "Under-ring" means to cause the cash register or other 
8sales recording device to reflect less than the full retail 
9value of the merchandise.
10 "Unidentified sound or audio visual recording" means a 
11sound or audio visual recording without the actual name and 
12full and correct street address of the manufacturer, and the 
13name of the actual performers or groups prominently and 
14legibly printed on the outside cover or jacket and on the label 
15of such sound or audio visual recording.
16 "Unlawful access device" means any type of instrument, 
17device, machine, equipment, technology, or software which is 
18primarily possessed, used, designed, assembled, manufactured, 
19sold, distributed or offered, promoted or advertised for the 
20purpose of defeating or circumventing any technology, device 
21or software, or any component or part thereof, used by the 
22provider, owner or licensee of any communication service or of 
23any data, audio or video programs or transmissions to protect 
24any such communication, audio or video services, programs or 
25transmissions from unauthorized access, acquisition, receipt, 
26decryption, disclosure, communication, transmission or 
 
 
SB3200- 212 -LRB103 39081 RLC 69219 b


1re-transmission.
2 "Unlawful communication device" means any electronic 
3serial number, mobile identification number, personal 
4identification number or any communication or wireless device 
5that is capable of acquiring or facilitating the acquisition 
6of a communication service without the express consent or 
7express authorization of the communication service provider, 
8or that has been altered, modified, programmed or 
9reprogrammed, alone or in conjunction with another 
10communication or wireless device or other equipment, to so 
11acquire or facilitate the unauthorized acquisition of a 
12communication service. "Unlawful communication device" also 
13means:
14  (1) any phone altered to obtain service without the 
15 express consent or express authorization of the 
16 communication service provider, tumbler phone, counterfeit 
17 or clone phone, tumbler microchip, counterfeit or clone 
18 microchip, scanning receiver of wireless communication 
19 service or other instrument capable of disguising its 
20 identity or location or of gaining unauthorized access to 
21 a communications or wireless system operated by a 
22 communication service provider; and
23  (2) any communication or wireless device which is 
24 capable of, or has been altered, designed, modified, 
25 programmed or reprogrammed, alone or in conjunction with 
26 another communication or wireless device or devices, so as 
 
 
SB3200- 213 -LRB103 39081 RLC 69219 b


1 to be capable of, facilitating the disruption, 
2 acquisition, receipt, transmission or decryption of a 
3 communication service without the express consent or 
4 express authorization of the communication service 
5 provider, including, but not limited to, any device, 
6 technology, product, service, equipment, computer software 
7 or component or part thereof, primarily distributed, sold, 
8 designed, assembled, manufactured, modified, programmed, 
9 reprogrammed or used for the purpose of providing the 
10 unauthorized receipt of, transmission of, disruption of, 
11 decryption of, access to or acquisition of any 
12 communication service provided by any communication 
13 service provider.
14 "Vehicle" means a motor vehicle, motorcycle, or farm 
15implement that is self-propelled and that uses motor fuel for 
16propulsion.
17 "Wireless device" includes any type of instrument, device, 
18machine, or equipment that is capable of transmitting or 
19receiving telephonic, electronic or radio communications, or 
20any part of such instrument, device, machine, or equipment, or 
21any computer circuit, computer chip, electronic mechanism, or 
22other component that is capable of facilitating the 
23transmission or reception of telephonic, electronic, or radio 
24communications. 
25(Source: P.A. 102-757, eff. 5-13-22.)

 
 
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1 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
2 Sec. 17-30. Defaced, altered, or removed manufacturer or 
3owner identification number.  
4 (a) Unlawful sale of household appliances. A person 
5commits unlawful sale of household appliances when he or she 
6knowingly, with the intent to defraud or deceive another, 
7keeps for sale, within any commercial context, any household 
8appliance with a missing, defaced, obliterated, or otherwise 
9altered manufacturer's identification number.
10 (b) Construction equipment identification defacement. A 
11person commits construction equipment identification 
12defacement when he or she knowingly changes, alters, removes, 
13mutilates, or obliterates a permanently affixed serial number, 
14product identification number, part number, component 
15identification number, owner-applied identification, or other 
16mark of identification attached to or stamped, inscribed, 
17molded, or etched into a machine or other equipment, whether 
18stationary or mobile or self-propelled, or a part of such 
19machine or equipment, used in the construction, maintenance, 
20or demolition of buildings, structures, bridges, tunnels, 
21sewers, utility pipes or lines, ditches or open cuts, roads, 
22highways, dams, airports, or waterways or in material handling 
23for such projects. 
24 The trier of fact may infer that the defendant has 
25knowingly changed, altered, removed, or obliterated the serial 
26number, product identification number, part number, component 
 
 
SB3200- 215 -LRB103 39081 RLC 69219 b


1identification number, owner-applied identification number, or 
2other mark of identification, if the defendant was in 
3possession of any machine or other equipment or a part of such 
4machine or equipment used in the construction, maintenance, or 
5demolition of buildings, structures, bridges, tunnels, sewers, 
6utility pipes or lines, ditches or open cuts, roads, highways, 
7dams, airports, or waterways or in material handling for such 
8projects upon which any such serial number, product 
9identification number, part number, component identification 
10number, owner-applied identification number, or other mark of 
11identification has been changed, altered, removed, or 
12obliterated. 
13 (c) Defacement of manufacturer's serial number or 
14identification mark. A person commits defacement of a 
15manufacturer's serial number or identification mark when he or 
16she knowingly removes, alters, defaces, covers, or destroys 
17the manufacturer's serial number or any other manufacturer's 
18number or distinguishing identification mark upon any machine 
19or other article of merchandise, other than a motor vehicle as 
20defined in Section 1-146 of the Illinois Vehicle Code or a 
21firearm as defined in the Firearm Owners Identification Card 
22Act, with the intent of concealing or destroying the identity 
23of such machine or other article of merchandise. 
24 (d) Sentence.
25  (1) A violation of subsection (a) of this Section is a 
26 Class 4 felony if the value of the appliance or appliances 
 
 
SB3200- 216 -LRB103 39081 RLC 69219 b


1 exceeds $1,000 and a Class B misdemeanor if the value of 
2 the appliance or appliances is $1,000 or less.
3  (2) A violation of subsection (b) of this Section is a 
4 Class A misdemeanor.
5  (3) A violation of subsection (c) of this Section is a 
6 Class B misdemeanor. 
7 (e) No liability shall be imposed upon any person for the 
8unintentional failure to comply with subsection (a).
9 (f) Definitions. In this Section:
10 "Commercial context" means a continuing business 
11enterprise conducted for profit by any person whose primary 
12business is the wholesale or retail marketing of household 
13appliances, or a significant portion of whose business or 
14inventory consists of household appliances kept or sold on a 
15wholesale or retail basis.
16 "Household appliance" means any gas or electric device or 
17machine marketed for use as home entertainment or for 
18facilitating or expediting household tasks or chores. The term 
19shall include but not necessarily be limited to refrigerators, 
20freezers, ranges, radios, television sets, vacuum cleaners, 
21toasters, dishwashers, and other similar household items.
22 "Manufacturer's identification number" means any serial 
23number or other similar numerical or alphabetical designation 
24imprinted upon or attached to or placed, stamped, or otherwise 
25imprinted upon or attached to a household appliance or item by 
26the manufacturer for purposes of identifying a particular 
 
 
SB3200- 217 -LRB103 39081 RLC 69219 b


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

3 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
4 Sec. 24-1. Unlawful use of weapons. 
5 (a) A person commits the offense of unlawful use of 
6weapons when he knowingly:
7  (1) Sells, manufactures, purchases, possesses or 
8 carries any bludgeon, black-jack, slung-shot, sand-club, 
9 sand-bag, metal knuckles or other knuckle weapon 
10 regardless of its composition, throwing star, or any 
11 knife, commonly referred to as a switchblade knife, which 
12 has a blade that opens automatically by hand pressure 
13 applied to a button, spring or other device in the handle 
14 of the knife, or a ballistic knife, which is a device that 
15 propels a knifelike blade as a projectile by means of a 
16 coil spring, elastic material or compressed gas; or
17  (2) Carries or possesses with intent to use the same 
18 unlawfully against another, a dagger, dirk, billy, 
19 dangerous knife, razor, stiletto, broken bottle or other 
20 piece of glass, stun gun or taser or any other dangerous or 
21 deadly weapon or instrument of like character; or
22  (2.5) Carries or possesses with intent to use the same 
23 unlawfully against another, any firearm in a church, 
24 synagogue, mosque, or other building, structure, or place 
25 used for religious worship; or 
 
 
SB3200- 218 -LRB103 39081 RLC 69219 b


1  (3) Carries on or about his person or in any vehicle, a 
2 tear gas gun projector or bomb or any object containing 
3 noxious liquid gas or substance, other than an object 
4 containing a non-lethal noxious liquid gas or substance 
5 designed solely for personal defense carried by a person 
6 18 years of age or older; or
7  (4) Carries or possesses in any vehicle or concealed 
8 on or about his person except when on his land or in his 
9 own abode, legal dwelling, or fixed place of business, or 
10 on the land or in the legal dwelling of another person as 
11 an invitee with that person's permission, any pistol, 
12 revolver, stun gun or taser or other firearm, except that 
13 this subsection (a)(4) does not apply to or affect 
14 transportation of weapons that meet one of the following 
15 conditions:
16   (i) are broken down in a non-functioning state; or
17   (ii) are not immediately accessible; or
18   (iii) are unloaded and enclosed in a case, firearm 
19 carrying box, shipping box, or other container by a 
20 person eligible under State and federal law to possess 
21 a firearm who has been issued a currently valid 
22 Firearm Owner's Identification Card; or
23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the 
26 Firearm Concealed Carry Act; or 
 
 
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1  (5) Sets a spring gun; or
2  (6) Possesses any device or attachment of any kind 
3 designed, used or intended for use in silencing the report 
4 of any firearm; or
5  (7) Sells, manufactures, purchases, possesses or 
6 carries:
7   (i) a machine gun, which shall be defined for the 
8 purposes of this subsection as any weapon, which 
9 shoots, is designed to shoot, or can be readily 
10 restored to shoot, automatically more than one shot 
11 without manually reloading by a single function of the 
12 trigger, including the frame or receiver of any such 
13 weapon, or sells, manufactures, purchases, possesses, 
14 or carries any combination of parts designed or 
15 intended for use in converting any weapon into a 
16 machine gun, or any combination or parts from which a 
17 machine gun can be assembled if such parts are in the 
18 possession or under the control of a person;
19   (ii) any rifle having one or more barrels less 
20 than 16 inches in length or a shotgun having one or 
21 more barrels less than 18 inches in length or any 
22 weapon made from a rifle or shotgun, whether by 
23 alteration, modification, or otherwise, if such a 
24 weapon as modified has an overall length of less than 
25 26 inches; or
26   (iii) any bomb, bomb-shell, grenade, bottle or 
 
 
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1 other container containing an explosive substance of 
2 over one-quarter ounce for like purposes, such as, but 
3 not limited to, black powder bombs and Molotov 
4 cocktails or artillery projectiles; or
5  (8) Carries or possesses any firearm, stun gun or 
6 taser or other deadly weapon in any place which is 
7 licensed to sell intoxicating beverages, or at any public 
8 gathering held pursuant to a license issued by any 
9 governmental body or any public gathering at which an 
10 admission is charged, excluding a place where a showing, 
11 demonstration or lecture involving the exhibition of 
12 unloaded firearms is conducted.
13  This subsection (a)(8) does not apply to any auction 
14 or raffle of a firearm held pursuant to a license or permit 
15 issued by a governmental body, nor does it apply to 
16 persons engaged in firearm safety training courses; or
17  (9) Carries or possesses in a vehicle or on or about 
18 his or her person any pistol, revolver, stun gun or taser 
19 or firearm or ballistic knife, when he or she is hooded, 
20 robed or masked in such manner as to conceal his or her 
21 identity; or
22  (10) Carries or possesses on or about his or her 
23 person, upon any public street, alley, or other public 
24 lands within the corporate limits of a city, village, or 
25 incorporated town, except when an invitee thereon or 
26 therein, for the purpose of the display of such weapon or 
 
 
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1 the lawful commerce in weapons, or except when on his land 
2 or in his or her own abode, legal dwelling, or fixed place 
3 of business, or on the land or in the legal dwelling of 
4 another person as an invitee with that person's 
5 permission, any pistol, revolver, stun gun, or taser or 
6 other firearm, except that this subsection (a)(10) does 
7 not apply to or affect transportation of weapons that meet 
8 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 
15 Firearm 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 
19 Firearm 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 
 
 
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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, delivers, imports, 
7 possesses, or purchases any assault weapon attachment or 
8 .50 caliber cartridge in violation of Section 24-1.9 or 
9 any explosive bullet. For purposes of this paragraph (a) 
10 "explosive bullet" means the projectile portion of an 
11 ammunition cartridge which contains or carries an 
12 explosive charge which will explode upon contact with the 
13 flesh of a human or an animal. "Cartridge" means a tubular 
14 metal case having a projectile affixed at the front 
15 thereof and a cap or primer at the rear end thereof, with 
16 the propellant contained in such tube between the 
17 projectile and the cap; or
18  (12) (Blank); or
19  (13) Carries or possesses on or about his or her 
20 person while in a building occupied by a unit of 
21 government, a billy club, other weapon of like character, 
22 or other instrument of like character intended for use as 
23 a weapon. For the purposes of this Section, "billy club" 
24 means a short stick or club commonly carried by police 
25 officers which is either telescopic or constructed of a 
26 solid piece of wood or other man-made material; or
 
 
SB3200- 223 -LRB103 39081 RLC 69219 b


1  (14) Manufactures, possesses, sells, or offers to 
2 sell, purchase, manufacture, import, transfer, or use any 
3 device, part, kit, tool, accessory, or combination of 
4 parts that is designed to and functions to increase the 
5 rate of fire of a semiautomatic firearm above the standard 
6 rate of fire for semiautomatic firearms that is not 
7 equipped with that device, part, or combination of parts; 
8 or
9  (15) Carries or possesses any assault weapon or .50 
10 caliber rifle in violation of Section 24-1.9; or
11  (16) Manufactures, sells, delivers, imports, or 
12 purchases any assault weapon or .50 caliber rifle in 
13 violation of Section 24-1.9. 
14 (b) Sentence. A person convicted of a violation of 
15subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
16subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
17commits a Class A misdemeanor. A person convicted of a 
18violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
19Class 4 felony; a person convicted of a violation of 
20subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2124-1(a)(16) commits a Class 3 felony. A person convicted of a 
22violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
23and shall be sentenced to a term of imprisonment of not less 
24than 3 years and not more than 7 years, unless the weapon is 
25possessed in the passenger compartment of a motor vehicle as 
26defined in Section 1-146 of the Illinois Vehicle Code, or on 
 
 
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1the person, while the weapon is loaded, in which case it shall 
2be a Class X felony. A person convicted of a second or 
3subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
424-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
5felony. A person convicted of a violation of subsection 
624-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
7possession of each weapon or device in violation of this 
8Section constitutes a single and separate violation.
9 (c) Violations in specific places.
10  (1) A person who violates subsection 24-1(a)(6) or 
11 24-1(a)(7) in any school, regardless of the time of day or 
12 the time of year, in residential property owned, operated 
13 or managed by a public housing agency or leased by a public 
14 housing agency as part of a scattered site or mixed-income 
15 development, in a public park, in a courthouse, on the 
16 real property comprising any school, regardless of the 
17 time of day or the time of year, on residential property 
18 owned, operated or managed by a public housing agency or 
19 leased by a public housing agency as part of a scattered 
20 site or mixed-income development, on the real property 
21 comprising any public park, on the real property 
22 comprising any courthouse, in any conveyance owned, leased 
23 or contracted by a school to transport students to or from 
24 school or a school related activity, in any conveyance 
25 owned, leased, or contracted by a public transportation 
26 agency, or on any public way within 1,000 feet of the real 
 
 
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1 property comprising any school, public park, courthouse, 
2 public transportation facility, or residential property 
3 owned, operated, or managed by a public housing agency or 
4 leased by a public housing agency as part of a scattered 
5 site or mixed-income development commits a Class 2 felony 
6 and shall be sentenced to a term of imprisonment of not 
7 less than 3 years and not more than 7 years.
8  (1.5) A person who violates subsection 24-1(a)(4), 
9 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
10 the time of day or the time of year, in residential 
11 property owned, operated, or managed by a public housing 
12 agency or leased by a public housing agency as part of a 
13 scattered site or mixed-income development, in a public 
14 park, in a courthouse, on the real property comprising any 
15 school, regardless of the time of day or the time of year, 
16 on residential property owned, operated, or managed by a 
17 public housing agency or leased by a public housing agency 
18 as part of a scattered site or mixed-income development, 
19 on the real property comprising any public park, on the 
20 real property comprising any courthouse, in any conveyance 
21 owned, leased, or contracted by a school to transport 
22 students to or from school or a school related activity, 
23 in any conveyance owned, leased, or contracted by a public 
24 transportation agency, or on any public way within 1,000 
25 feet of the real property comprising any school, public 
26 park, courthouse, public transportation facility, or 
 
 
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1 residential property owned, operated, or managed by a 
2 public housing agency or leased by a public housing agency 
3 as part of a scattered site or mixed-income development 
4 commits a Class 3 felony.
5  (2) A person who violates subsection 24-1(a)(1), 
6 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
7 time of day or the time of year, in residential property 
8 owned, operated or managed by a public housing agency or 
9 leased by a public housing agency as part of a scattered 
10 site or mixed-income development, in a public park, in a 
11 courthouse, on the real property comprising any school, 
12 regardless of the time of day or the time of year, on 
13 residential property owned, operated or managed by a 
14 public housing agency or leased by a public housing agency 
15 as part of a scattered site or mixed-income development, 
16 on the real property comprising any public park, on the 
17 real property comprising any courthouse, in any conveyance 
18 owned, leased or contracted by a school to transport 
19 students to or from school or a school related activity, 
20 in any conveyance owned, leased, or contracted by a public 
21 transportation agency, or on any public way within 1,000 
22 feet of the real property comprising any school, public 
23 park, courthouse, public transportation facility, or 
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 
 
 
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1 commits a Class 4 felony. "Courthouse" means any building 
2 that is used by the Circuit, Appellate, or Supreme Court 
3 of this State for the conduct of official business.
4  (3) Paragraphs (1), (1.5), and (2) of this subsection 
5 (c) shall not apply to law enforcement officers or 
6 security officers of such school, college, or university 
7 or to students carrying or possessing firearms for use in 
8 training courses, parades, hunting, target shooting on 
9 school ranges, or otherwise with the consent of school 
10 authorities and which firearms are transported unloaded 
11 enclosed in a suitable case, box, or transportation 
12 package.
13  (4) For the purposes of this subsection (c), "school" 
14 means any public or private elementary or secondary 
15 school, community college, college, or university.
16  (5) For the purposes of this subsection (c), "public 
17 transportation agency" means a public or private agency 
18 that provides for the transportation or conveyance of 
19 persons by means available to the general public, except 
20 for transportation by automobiles not used for conveyance 
21 of the general public as passengers; and "public 
22 transportation facility" means a terminal or other place 
23 where one may obtain public transportation. 
24 (d) The presence in an automobile other than a public 
25omnibus of any weapon, instrument or substance referred to in 
26subsection (a)(7) is prima facie evidence that it is in the 
 
 
SB3200- 228 -LRB103 39081 RLC 69219 b


1possession of, and is being carried by, all persons occupying 
2such automobile at the time such weapon, instrument or 
3substance is found, except under the following circumstances: 
4(i) if such weapon, instrument or instrumentality is found 
5upon the person of one of the occupants therein; or (ii) if 
6such weapon, instrument or substance is found in an automobile 
7operated for hire by a duly licensed driver in the due, lawful 
8and proper pursuit of his or her trade, then such presumption 
9shall not apply to the driver.
10 (e) Exemptions.
11  (1) Crossbows, Common or Compound bows and Underwater 
12 Spearguns are exempted from the definition of ballistic 
13 knife as defined in paragraph (1) of subsection (a) of 
14 this Section.
15  (2) The provision of paragraph (1) of subsection (a) 
16 of this Section prohibiting the sale, manufacture, 
17 purchase, possession, or carrying of any knife, commonly 
18 referred to as a switchblade knife, which has a blade that 
19 opens automatically by hand pressure applied to a button, 
20 spring or other device in the handle of the knife, does not 
21 apply to a person eligible under State and federal law to 
22 possess a firearm who possesses a currently valid Firearm 
23 Owner's Identification Card previously issued in his or 
24 her name by the Illinois State Police or to a person or an 
25 entity engaged in the business of selling or manufacturing 
26 switchblade knives. 
 
 
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1(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
2102-1116, eff. 1-10-23.)

3 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
4 Sec. 24-1.1. Unlawful use or possession of weapons by 
5felons or persons in the custody of the Department of 
6Corrections facilities.
7 (a) It is unlawful for a person to knowingly possess on or 
8about his person or on his land or in his own abode or fixed 
9place of business any weapon prohibited under Section 24-1 of 
10this Act or any firearm or any firearm ammunition if the person 
11has been convicted of a felony under the laws of this State or 
12any other jurisdiction. This Section shall not apply if the 
13person has been granted relief under this subsection by the 
14Director of the Illinois State Police under Section 10 of the 
15Firearm Owners Identification Card Act. A person prohibited 
16from possessing a firearm under this subsection (a) may 
17petition the Director of the Illinois State Police for a 
18hearing and relief from the prohibition, unless the 
19prohibition was based upon a forcible felony, stalking, 
20aggravated stalking, domestic battery, any violation of the 
21Illinois Controlled Substances Act, the Methamphetamine 
22Control and Community Protection Act, or the Cannabis Control 
23Act that is classified as a Class 2 or greater felony, any 
24felony violation of Article 24 of the Criminal Code of 1961 or 
25the Criminal Code of 2012, or any adjudication as a delinquent 
 
 
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1minor for the commission of an offense that if committed by an 
2adult would be a felony, in which case the person may petition 
3the circuit court in writing in the county of his or her 
4residence for a hearing and relief from the prohibition. The 
5Director or court may grant the relief if it is established by 
6the petitioner to the court's or Director's satisfaction that:
7  (1) when in the circuit court, the State's Attorney 
8 has been served with a written copy of the petition at 
9 least 30 days before any hearing in the circuit court and 
10 at the hearing the State's Attorney was afforded an 
11 opportunity to present evidence and object to the 
12 petition;
13  (2) the petitioner has not been convicted of a 
14 forcible felony under the laws of this State or any other 
15 jurisdiction within 20 years of the filing of the 
16 petition, or at least 20 years have passed since the end of 
17 any period of imprisonment imposed in relation to that 
18 conviction;
19  (3) the circumstances regarding a criminal conviction, 
20 where applicable, the petitioner's criminal history and 
21 his or her reputation are such that the petitioner will 
22 not be likely to act in a manner dangerous to public 
23 safety;
24  (4) granting relief would not be contrary to the 
25 public interest; and
26  (5) granting relief would not be contrary to federal 
 
 
SB3200- 231 -LRB103 39081 RLC 69219 b


1 law. 
2 (b) It is unlawful for any person confined in a penal 
3institution, which is a facility of the Illinois Department of 
4Corrections, to possess any weapon prohibited under Section 
524-1 of this Code or any firearm or firearm ammunition, 
6regardless of the intent with which he possesses it.
7 (c) It shall be an affirmative defense to a violation of 
8subsection (b), that such possession was specifically 
9authorized by rule, regulation, or directive of the Illinois 
10Department of Corrections or order issued pursuant thereto.
11 (d) The defense of necessity is not available to a person 
12who is charged with a violation of subsection (b) of this 
13Section.
14 (e) Sentence. Violation of this Section by a person not 
15confined in a penal institution shall be a Class 3 felony for 
16which the person shall be sentenced to no less than 2 years and 
17no more than 10 years. A second or subsequent violation of this 
18Section shall be a Class 2 felony for which the person shall be 
19sentenced to a term of imprisonment of not less than 3 years 
20and not more than 14 years, except as provided for in Section 
215-4.5-110 of the Unified Code of Corrections. Violation of 
22this Section by a person not confined in a penal institution 
23who has been convicted of a forcible felony, a felony 
24violation of Article 24 of this Code or of the Firearm Owners 
25Identification Card Act, stalking or aggravated stalking, or a 
26Class 2 or greater felony under the Illinois Controlled 
 
 
SB3200- 232 -LRB103 39081 RLC 69219 b


1Substances Act, the Cannabis Control Act, or the 
2Methamphetamine Control and Community Protection Act is a 
3Class 2 felony for which the person shall be sentenced to not 
4less than 3 years and not more than 14 years, except as 
5provided for in Section 5-4.5-110 of the Unified Code of 
6Corrections. Violation of this Section by a person who is on 
7parole or mandatory supervised release is a Class 2 felony for 
8which the person shall be sentenced to not less than 3 years 
9and not more than 14 years, except as provided for in Section 
105-4.5-110 of the Unified Code of Corrections. Violation of 
11this Section by a person not confined in a penal institution is 
12a Class X felony when the firearm possessed is a machine gun. 
13Any person who violates this Section while confined in a penal 
14institution, which is a facility of the Illinois Department of 
15Corrections, is guilty of a Class 1 felony, if he possesses any 
16weapon prohibited under Section 24-1 of this Code regardless 
17of the intent with which he possesses it, a Class X felony if 
18he possesses any firearm, firearm ammunition or explosive, and 
19a Class X felony for which the offender shall be sentenced to 
20not less than 12 years and not more than 50 years when the 
21firearm possessed is a machine gun. A violation of this 
22Section while wearing or in possession of body armor as 
23defined in Section 33F-1 is a Class X felony punishable by a 
24term of imprisonment of not less than 10 years and not more 
25than 40 years. The possession of each firearm or firearm 
26ammunition in violation of this Section constitutes a single 
 
 
SB3200- 233 -LRB103 39081 RLC 69219 b


1and separate violation.
2(Source: P.A. 102-538, eff. 8-20-21.)

3 (720 ILCS 5/24-1.6)
4 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
5 (a) A person commits the offense of aggravated unlawful 
6use of a weapon when he or she knowingly:
7  (1) Carries on or about his or her person or in any 
8 vehicle or concealed on or about his or her person except 
9 when on his or her land or in his or her abode, legal 
10 dwelling, or fixed place of business, or on the land or in 
11 the legal dwelling of another person as an invitee with 
12 that person's permission, any pistol, revolver, stun gun 
13 or taser or other firearm; or
14  (2) Carries or possesses on or about his or her 
15 person, upon any public street, alley, or other public 
16 lands within the corporate limits of a city, village or 
17 incorporated town, except when an invitee thereon or 
18 therein, for the purpose of the display of such weapon or 
19 the lawful commerce in weapons, or except when on his or 
20 her own land or in his or her own abode, legal dwelling, or 
21 fixed place of business, or on the land or in the legal 
22 dwelling of another person as an invitee with that 
23 person's permission, any pistol, revolver, stun gun or 
24 taser or other firearm; and
25  (3) One of the following factors is present:
 
 
SB3200- 234 -LRB103 39081 RLC 69219 b


1   (A) the firearm, other than a pistol, revolver, or 
2 handgun, possessed was uncased, loaded, and 
3 immediately accessible at the time of the offense; or
4   (A-5) the pistol, revolver, or handgun possessed 
5 was uncased, loaded, and immediately accessible at the 
6 time of the offense and the person possessing the 
7 pistol, revolver, or handgun has not been issued a 
8 currently valid license under the Firearm Concealed 
9 Carry Act; or 
10   (B) the firearm, other than a pistol, revolver, or 
11 handgun, possessed was uncased, unloaded, and the 
12 ammunition for the weapon was immediately accessible 
13 at the time of the offense; or
14   (B-5) the pistol, revolver, or handgun possessed 
15 was uncased, unloaded, and the ammunition for the 
16 weapon was immediately accessible at the time of the 
17 offense and the person possessing the pistol, 
18 revolver, or handgun has not been issued a currently 
19 valid license under the Firearm Concealed Carry Act; 
20 or 
21   (C) (blank); or the person possessing the firearm 
22 has not been issued a currently valid Firearm Owner's 
23 Identification Card; or
24   (D) the person possessing the weapon was 
25 previously adjudicated a delinquent minor under the 
26 Juvenile Court Act of 1987 for an act that if committed 
 
 
SB3200- 235 -LRB103 39081 RLC 69219 b


1 by an adult would be a felony; or
2   (E) the person possessing the weapon was engaged 
3 in a misdemeanor violation of the Cannabis Control 
4 Act, in a misdemeanor violation of the Illinois 
5 Controlled Substances Act, or in a misdemeanor 
6 violation of the Methamphetamine Control and Community 
7 Protection Act; or
8   (F) (blank); or
9   (G) the person possessing the weapon had an order 
10 of protection issued against him or her within the 
11 previous 2 years; or
12   (H) the person possessing the weapon was engaged 
13 in the commission or attempted commission of a 
14 misdemeanor involving the use or threat of violence 
15 against the person or property of another; or
16   (I) the person possessing the weapon was under 21 
17 years of age and in possession of a handgun, unless the 
18 person under 21 is engaged in lawful activities under 
19 the Wildlife Code or described in subsection 
20 24-2(b)(1), (b)(3), or 24-2(f).
21 (a-5) "Handgun" as used in this Section has the meaning 
22given to it in Section 5 of the Firearm Concealed Carry Act. 
23 (b) "Stun gun or taser" as used in this Section has the 
24same definition given to it in Section 24-1 of this Code.
25 (c) This Section does not apply to or affect the 
26transportation or possession of weapons that:
 
 
SB3200- 236 -LRB103 39081 RLC 69219 b


1  (i) are broken down in a non-functioning state; or
2  (ii) are not immediately accessible; or
3  (iii) are unloaded and enclosed in a case, firearm 
4 carrying box, shipping box, or other container by a person 
5 is eligible under State and federal law to possess a 
6 firearm who has been issued a currently valid Firearm 
7 Owner's Identification Card.
8 (d) Sentence.
9  (1) Aggravated unlawful use of a weapon is a Class 4 
10 felony; a second or subsequent offense is a Class 2 felony 
11 for which the person shall be sentenced to a term of 
12 imprisonment of not less than 3 years and not more than 7 
13 years, except as provided for in Section 5-4.5-110 of the 
14 Unified Code of Corrections. 
15  (2) (Blank). Except as otherwise provided in 
16 paragraphs (3) and (4) of this subsection (d), a first 
17 offense of aggravated unlawful use of a weapon committed 
18 with a firearm by a person 18 years of age or older where 
19 the factors listed in both items (A) and (C) or both items 
20 (A-5) and (C) of paragraph (3) of subsection (a) are 
21 present is a Class 4 felony, for which the person shall be 
22 sentenced to a term of imprisonment of not less than one 
23 year and not more than 3 years.
24  (3) Aggravated unlawful use of a weapon by a person 
25 who has been previously convicted of a felony in this 
26 State or another jurisdiction is a Class 2 felony for 
 
 
SB3200- 237 -LRB103 39081 RLC 69219 b


1 which the person shall be sentenced to a term of 
2 imprisonment of not less than 3 years and not more than 7 
3 years, except as provided for in Section 5-4.5-110 of the 
4 Unified Code of Corrections. 
5  (4) Aggravated unlawful use of a weapon while wearing 
6 or in possession of body armor as defined in Section 33F-1 
7 by a person who is prohibited under State or federal law 
8 from possessing a firearm has not been issued a valid 
9 Firearms Owner's Identification Card in accordance with 
10 Section 5 of the Firearm Owners Identification Card Act is 
11 a Class X felony. 
12 (e) The possession of each firearm in violation of this 
13Section constitutes a single and separate violation.
14(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

15 (720 ILCS 5/24-1.8)
16 Sec. 24-1.8. Unlawful possession of a firearm by a street 
17gang member.
18 (a) A person commits unlawful possession of a firearm by a 
19street gang member when he or she knowingly:
20  (1) possesses, carries, or conceals on or about his or 
21 her person a firearm and firearm ammunition while on any 
22 street, road, alley, gangway, sidewalk, or any other 
23 lands, except when inside his or her own abode or inside 
24 his or her fixed place of business, and has not been issued 
25 a currently valid Firearm Owner's Identification Card and 
 
 
SB3200- 238 -LRB103 39081 RLC 69219 b


1 is a member of a street gang; or
2  (2) possesses or carries in any vehicle a firearm and 
3 firearm ammunition which are both immediately accessible 
4 at the time of the offense while on any street, road, 
5 alley, or any other lands, except when inside his or her 
6 own abode or garage, and has not been issued a currently 
7 valid Firearm Owner's Identification Card and is a member 
8 of a street gang.
9 (b) Unlawful possession of a firearm by a street gang 
10member is a Class 2 felony for which the person, if sentenced 
11to a term of imprisonment, shall be sentenced to no less than 3 
12years and no more than 10 years. A period of probation, a term 
13of periodic imprisonment or conditional discharge shall not be 
14imposed for the offense of unlawful possession of a firearm by 
15a street gang member when the firearm was loaded or contained 
16firearm ammunition and the court shall sentence the offender 
17to not less than the minimum term of imprisonment authorized 
18for the Class 2 felony.
19 (c) For purposes of this Section:
20  "Street gang" or "gang" has the meaning ascribed to it 
21 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
22 Prevention Act.
23  "Street gang member" or "gang member" has the meaning 
24 ascribed to it in Section 10 of the Illinois Streetgang 
25 Terrorism Omnibus Prevention Act.
26(Source: P.A. 96-829, eff. 12-3-09.)

 
 
SB3200- 239 -LRB103 39081 RLC 69219 b


1 (720 ILCS 5/24-1.9)
2 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
3purchase of assault weapons, .50 caliber rifles, and .50 
4caliber cartridges.
5 (a) Definitions. In this Section:
6 (1) "Assault weapon" means any of the following, except as 
7provided in subdivision (2) of this subsection: 
8  (A) A semiautomatic rifle that has the capacity to 
9 accept a detachable magazine or that may be readily 
10 modified to accept a detachable magazine, if the firearm 
11 has one or more of the following:
12   (i) a pistol grip or thumbhole stock;
13   (ii) any feature capable of functioning as a 
14 protruding grip that can be held by the non-trigger 
15 hand;
16   (iii) a folding, telescoping, thumbhole, or 
17 detachable stock, or a stock that is otherwise 
18 foldable or adjustable in a manner that operates to 
19 reduce the length, size, or any other dimension, or 
20 otherwise enhances the concealability of, the weapon; 
21   (iv) a flash suppressor;
22   (v) a grenade launcher;
23   (vi) a shroud attached to the barrel or that 
24 partially or completely encircles the barrel, allowing 
25 the bearer to hold the firearm with the non-trigger 
 
 
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1 hand without being burned, but excluding a slide that 
2 encloses the barrel. 
3  (B) A semiautomatic rifle that has a fixed magazine 
4 with the capacity to accept more than 10 rounds, except 
5 for an attached tubular device designed to accept, and 
6 capable of operating only with, .22 caliber rimfire 
7 ammunition.
8  (C) A semiautomatic pistol that has the capacity to 
9 accept a detachable magazine or that may be readily 
10 modified to accept a detachable magazine, if the firearm 
11 has one or more of the following:
12   (i) a threaded barrel;
13   (ii) a second pistol grip or another feature 
14 capable of functioning as a protruding grip that can 
15 be held by the non-trigger hand;
16   (iii) a shroud attached to the barrel or that 
17 partially or completely encircles the barrel, allowing 
18 the bearer to hold the firearm with the non-trigger 
19 hand without being burned, but excluding a slide that 
20 encloses the barrel;
21   (iv) a flash suppressor; 
22   (v) the capacity to accept a detachable magazine 
23 at some location outside of the pistol grip; or
24   (vi) a buffer tube, arm brace, or other part that 
25 protrudes horizontally behind the pistol grip and is 
26 designed or redesigned to allow or facilitate a 
 
 
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1 firearm to be fired from the shoulder. 
2  (D) A semiautomatic pistol that has a fixed magazine 
3 with the capacity to accept more than 15 rounds.
4  (E) Any shotgun with a revolving cylinder. 
5  (F) A semiautomatic shotgun that has one or more of 
6 the following:
7   (i) a pistol grip or thumbhole stock;
8   (ii) any feature capable of functioning as a 
9 protruding grip that can be held by the non-trigger 
10 hand;
11   (iii) a folding or thumbhole stock; 
12   (iv) a grenade launcher;
13   (v) a fixed magazine with the capacity of more 
14 than 5 rounds; or 
15   (vi) the capacity to accept a detachable magazine. 
16  (G) Any semiautomatic firearm that has the capacity to 
17 accept a belt ammunition feeding device.
18  (H) Any firearm that has been modified to be operable 
19 as an assault weapon as defined in this Section. 
20  (I) Any part or combination of parts designed or 
21 intended to convert a firearm into an assault weapon, 
22 including any combination of parts from which an assault 
23 weapon may be readily assembled if those parts are in the 
24 possession or under the control of the same person. 
25  (J) All of the following rifles, copies, duplicates, 
26 variants, or altered facsimiles with the capability of any 
 
 
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1 such weapon: 
2   (i) All AK types, including the following:
3    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
4 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms 
5 AK-47, VEPR, WASR-10, and WUM. 
6    (II) IZHMASH Saiga AK. 
7    (III) MAADI AK47 and ARM. 
8    (IV) Norinco 56S, 56S2, 84S, and 86S. 
9    (V) Poly Technologies AK47 and AKS. 
10    (VI) SKS with a detachable magazine. 
11   (ii) all AR types, including the following:
12    (I) AR-10. 
13    (II) AR-15. 
14    (III) Alexander Arms Overmatch Plus 16. 
15    (IV) Armalite M15 22LR Carbine. 
16    (V) Armalite M15-T. 
17    (VI) Barrett REC7. 
18    (VII) Beretta AR-70. 
19    (VIII) Black Rain Ordnance Recon Scout. 
20    (IX) Bushmaster ACR. 
21    (X) Bushmaster Carbon 15. 
22    (XI) Bushmaster MOE series. 
23    (XII) Bushmaster XM15. 
24    (XIII) Chiappa Firearms MFour rifles. 
25    (XIV) Colt Match Target rifles. 
26    (XV) CORE Rifle Systems CORE15 rifles. 
 
 
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1    (XVI) Daniel Defense M4A1 rifles. 
2    (XVII) Devil Dog Arms 15 Series rifles. 
3    (XVIII) Diamondback DB15 rifles. 
4    (XIX) DoubleStar AR rifles. 
5    (XX) DPMS Tactical rifles. 
6    (XXI) DSA Inc. ZM-4 Carbine. 
7    (XXII) Heckler & Koch MR556. 
8    (XXIII) High Standard HSA-15 rifles. 
9    (XXIV) Jesse James Nomad AR-15 rifle. 
10    (XXV) Knight's Armament SR-15. 
11    (XXVI) Lancer L15 rifles. 
12    (XXVII) MGI Hydra Series rifles. 
13    (XXVIII) Mossberg MMR Tactical rifles. 
14    (XXIX) Noreen Firearms BN 36 rifle. 
15    (XXX) Olympic Arms. 
16    (XXXI) POF USA P415. 
17    (XXXII) Precision Firearms AR rifles. 
18    (XXXIII) Remington R-15 rifles. 
19    (XXXIV) Rhino Arms AR rifles. 
20    (XXXV) Rock River Arms LAR-15 or Rock River 
21 Arms LAR-47. 
22    (XXXVI) Sig Sauer SIG516 rifles and MCX 
23 rifles. 
24    (XXXVII) Smith & Wesson M&P15 rifles. 
25    (XXXVIII) Stag Arms AR rifles. 
26    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
 
 
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1 rifles. 
2    (XL) Uselton Arms Air-Lite M-4 rifles. 
3    (XLI) Windham Weaponry AR rifles. 
4    (XLII) WMD Guns Big Beast. 
5    (XLIII) Yankee Hill Machine Company, Inc. 
6 YHM-15 rifles. 
7   (iii) Barrett M107A1.
8   (iv) Barrett M82A1.
9   (v) Beretta CX4 Storm.
10   (vi) Calico Liberty Series.
11   (vii) CETME Sporter. 
12   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
13 AR 110C. 
14   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
15 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. 
16   (x) Feather Industries AT-9. 
17   (xi) Galil Model AR and Model ARM. 
18   (xii) Hi-Point Carbine. 
19   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
20   (xiv) IWI TAVOR, Galil ACE rifle. 
21   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
22   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
23 Sauer SG 551, and SIG MCX.
24   (xvii) Springfield Armory SAR-48. 
25   (xviii) Steyr AUG. 
26   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
 
 
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1 M-14/20CF. 
2   (xx) All Thompson rifles, including the following: 
3    (I) Thompson M1SB. 
4    (II) Thompson T1100D. 
5    (III) Thompson T150D. 
6    (IV) Thompson T1B. 
7    (V) Thompson T1B100D. 
8    (VI) Thompson T1B50D. 
9    (VII) Thompson T1BSB. 
10    (VIII) Thompson T1-C. 
11    (IX) Thompson T1D. 
12    (X) Thompson T1SB. 
13    (XI) Thompson T5. 
14    (XII) Thompson T5100D. 
15    (XIII) Thompson TM1. 
16    (XIV) Thompson TM1C. 
17   (xxi) UMAREX UZI rifle. 
18   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
19 UZI Model B Carbine. 
20   (xxiii) Valmet M62S, M71S, and M78. 
21   (xxiv) Vector Arms UZI Type. 
22   (xxv) Weaver Arms Nighthawk. 
23   (xxvi) Wilkinson Arms Linda Carbine. 
24  (K) All of the following pistols, copies, duplicates, 
25 variants, or altered facsimiles with the capability of any 
26 such weapon thereof: 
 
 
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1   (i) All AK types, including the following: 
2    (I) Centurion 39 AK pistol. 
3    (II) CZ Scorpion pistol. 
4    (III) Draco AK-47 pistol. 
5    (IV) HCR AK-47 pistol. 
6    (V) IO Inc. Hellpup AK-47 pistol. 
7    (VI) Krinkov pistol. 
8    (VII) Mini Draco AK-47 pistol. 
9    (VIII) PAP M92 pistol. 
10    (IX) Yugo Krebs Krink pistol. 
11   (ii) All AR types, including the following: 
12    (I) American Spirit AR-15 pistol. 
13    (II) Bushmaster Carbon 15 pistol. 
14    (III) Chiappa Firearms M4 Pistol GEN II. 
15    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
16    (V) Daniel Defense MK18 pistol. 
17    (VI) DoubleStar Corporation AR pistol. 
18    (VII) DPMS AR-15 pistol. 
19    (VIII) Jesse James Nomad AR-15 pistol. 
20    (IX) Olympic Arms AR-15 pistol. 
21    (X) Osprey Armament MK-18 pistol. 
22    (XI) POF USA AR pistols. 
23    (XII) Rock River Arms LAR 15 pistol. 
24    (XIII) Uselton Arms Air-Lite M-4 pistol. 
25   (iii) Calico pistols. 
26   (iv) DSA SA58 PKP FAL pistol. 
 
 
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1   (v) Encom MP-9 and MP-45. 
2   (vi) Heckler & Koch model SP-89 pistol. 
3   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
4 TEC-DC9. 
5   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
6   (ix) Kel-Tec PLR 16 pistol. 
7   (x) All MAC types, including the following: 
8    (I) MAC-10. 
9    (II) MAC-11. 
10    (III) Masterpiece Arms MPA A930 Mini Pistol, 
11 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini 
12 Tactical Pistol. 
13    (IV) Military Armament Corp. Ingram M-11. 
14    (V) Velocity Arms VMAC. 
15   (xi) Sig Sauer P556 pistol. 
16   (xii) Sites Spectre. 
17   (xiii) All Thompson types, including the 
18 following: 
19    (I) Thompson TA510D. 
20    (II) Thompson TA5. 
21   (xiv) All UZI types, including Micro-UZI. 
22  (L) All of the following shotguns, copies, duplicates, 
23 variants, or altered facsimiles with the capability of any 
24 such weapon thereof: 
25   (i) DERYA Anakon MC-1980, Anakon SD12. 
26   (ii) Doruk Lethal shotguns. 
 
 
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1   (iii) Franchi LAW-12 and SPAS 12. 
2   (iv) All IZHMASH Saiga 12 types, including the 
3 following: 
4    (I) IZHMASH Saiga 12. 
5    (II) IZHMASH Saiga 12S. 
6    (III) IZHMASH Saiga 12S EXP-01. 
7    (IV) IZHMASH Saiga 12K. 
8    (V) IZHMASH Saiga 12K-030. 
9    (VI) IZHMASH Saiga 12K-040 Taktika. 
10   (v) Streetsweeper. 
11   (vi) Striker 12. 
12 (2) "Assault weapon" does not include: 
13  (A) Any firearm that is an unserviceable firearm or 
14 has been made permanently inoperable.
15  (B) An antique firearm or a replica of an antique 
16 firearm.
17  (C) A firearm that is manually operated by bolt, pump, 
18 lever or slide action, unless the firearm is a shotgun 
19 with a revolving cylinder.
20  (D) Any air rifle as defined in Section 24.8-0.1 of 
21 this Code.
22  (E) Any handgun, as defined under the Firearm 
23 Concealed Carry Act, unless otherwise listed in this 
24 Section. 
25 (3) "Assault weapon attachment" means any device capable 
26of being attached to a firearm that is specifically designed 
 
 
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1for making or converting a firearm into any of the firearms 
2listed in paragraph (1) of this subsection (a).
3 (4) "Antique firearm" has the meaning ascribed to it in 18 
4U.S.C. 921(a)(16).
5 (5) ".50 caliber rifle" means a centerfire rifle capable 
6of firing a .50 caliber cartridge. The term does not include 
7any antique firearm, any shotgun including a shotgun that has 
8a rifle barrel, or any muzzle-loader which uses black powder 
9for hunting or historical reenactments.
10 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
11caliber, either by designation or actual measurement, that is 
12capable of being fired from a centerfire rifle. The term ".50 
13caliber cartridge" does not include any memorabilia or display 
14item that is filled with a permanent inert substance or that is 
15otherwise permanently altered in a manner that prevents ready 
16modification for use as live ammunition or shotgun ammunition 
17with a caliber measurement that is equal to or greater than .50 
18caliber.
19 (7) "Detachable magazine" means an ammunition feeding 
20device that may be removed from a firearm without disassembly 
21of the firearm action, including an ammunition feeding device 
22that may be readily removed from a firearm with the use of a 
23bullet, cartridge, accessory, or other tool, or any other 
24object that functions as a tool, including a bullet or 
25cartridge.
26 (8) "Fixed magazine" means an ammunition feeding device 
 
 
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1that is permanently attached to a firearm, or contained in and 
2not removable from a firearm, or that is otherwise not a 
3detachable magazine, but does not include an attached tubular 
4device designed to accept, and capable of operating only with, 
5.22 caliber rimfire ammunition. 
6 (b) Except as provided in subsections (c), (d), and (e), 
7on or after January 10, 2023 (the effective date of Public Act 
8102-1116) this amendatory Act of the 102nd General Assembly, 
9it is unlawful for any person within this State to knowingly 
10manufacture, deliver, sell, import, or purchase or cause to be 
11manufactured, delivered, sold, imported, or purchased by 
12another, an assault weapon, assault weapon attachment, .50 
13caliber rifle, or .50 caliber cartridge.
14 (c) Except as otherwise provided in subsection (d), 
15beginning January 1, 2024, it is unlawful for any person 
16within this State to knowingly possess an assault weapon, 
17assault weapon attachment, .50 caliber rifle, or .50 caliber 
18cartridge. 
19 (d) This Section does not apply to a person's possession 
20of an assault weapon, assault weapon attachment, .50 caliber 
21rifle, or .50 caliber cartridge device if the person lawfully 
22possessed that assault weapon, assault weapon attachment, .50 
23caliber rifle, or .50 caliber cartridge prohibited by 
24subsection (c) of this Section, if the person has provided in 
25an endorsement affidavit, prior to January 1, 2024, under oath 
26or affirmation and in the form and manner prescribed by the 
 
 
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1Illinois State Police, no later than October 1, 2023:
2  (1) (blank) the affiant's Firearm Owner's 
3 Identification Card number;
4  (2) an affirmation that the affiant: (i) possessed an 
5 assault weapon, assault weapon attachment, .50 caliber 
6 rifle, or .50 caliber cartridge before January 10, 2023 
7 (the effective date of Public Act 102-1116) this 
8 amendatory Act of the 102nd General Assembly; or (ii) 
9 inherited the assault weapon, assault weapon attachment, 
10 .50 caliber rifle, or .50 caliber cartridge from a person 
11 with an endorsement under this Section or from a person 
12 authorized under subdivisions (1) through (5) of 
13 subsection (e) to possess the assault weapon, assault 
14 weapon attachment, .50 caliber rifle, or .50 caliber 
15 cartridge; and
16  (3) the make, model, caliber, and serial number of the 
17 .50 caliber rifle or assault weapon or assault weapons 
18 listed in paragraphs (J), (K), and (L) of subdivision (1) 
19 of subsection (a) of this Section possessed by the affiant 
20 prior to January 10, 2023 (the effective date of Public 
21 Act 102-1116) this amendatory Act of the 102nd General 
22 Assembly and any assault weapons identified and published 
23 by the Illinois State Police pursuant to this subdivision 
24 (3). No later than October 1, 2023, and every October 1 
25 thereafter, the Illinois State Police shall, via 
26 rulemaking, identify, publish, and make available on its 
 
 
SB3200- 252 -LRB103 39081 RLC 69219 b


1 website, the list of assault weapons subject to an 
2 endorsement affidavit under this subsection (d). The list 
3 shall identify, but is not limited to, the copies, 
4 duplicates, variants, and altered facsimiles of the 
5 assault weapons identified in paragraphs (J), (K), and (L) 
6 of subdivision (1) of subsection (a) of this Section and 
7 shall be consistent with the definition of "assault 
8 weapon" identified in this Section. The Illinois State 
9 Police may adopt emergency rulemaking in accordance with 
10 Section 5-45 of the Illinois Administrative Procedure Act. 
11 The adoption of emergency rules authorized by Section 5-45 
12 of the Illinois Administrative Procedure Act and this 
13 paragraph is deemed to be necessary for the public 
14 interest, safety, and welfare.
15 The affidavit form shall include the following statement 
16printed in bold type: "Warning: Entering false information on 
17this form is punishable as perjury under Section 32-2 of the 
18Criminal Code of 2012. Entering false information on this form 
19is a violation of the Firearm Owners Identification Card Act."
20 In any administrative, civil, or criminal proceeding in 
21this State, a completed endorsement affidavit submitted to the 
22Illinois State Police by a person under this Section creates a 
23rebuttable presumption that the person is entitled to possess 
24and transport the assault weapon, assault weapon attachment, 
25.50 caliber rifle, or .50 caliber cartridge. 
26 Beginning 90 days after January 10, 2023 (the effective 
 
 
SB3200- 253 -LRB103 39081 RLC 69219 b


1date of Public Act 102-1116) this amendatory Act of the 102nd 
2General Assembly, a person authorized under this Section to 
3possess an assault weapon, assault weapon attachment, .50 
4caliber rifle, or .50 caliber cartridge shall possess such 
5items only: 
6  (1) on private property owned or immediately 
7 controlled by the person;
8  (2) on private property that is not open to the public 
9 with the express permission of the person who owns or 
10 immediately controls such property;
11  (3) while on the premises of a licensed firearms 
12 dealer or gunsmith for the purpose of lawful repair;
13  (4) while engaged in the legal use of the assault 
14 weapon, assault weapon attachment, .50 caliber rifle, or 
15 .50 caliber cartridge at a properly licensed firing range 
16 or sport shooting competition venue; or
17  (5) while traveling to or from these locations, 
18 provided that the assault weapon, assault weapon 
19 attachment, or .50 caliber rifle is unloaded and the 
20 assault weapon, assault weapon attachment, .50 caliber 
21 rifle, or .50 caliber cartridge is enclosed in a case, 
22 firearm carrying box, shipping box, or other container. 
23 Beginning on January 1, 2024, the person with the 
24endorsement for an assault weapon, assault weapon attachment, 
25.50 caliber rifle, or .50 caliber cartridge or a person 
26authorized under subdivisions (1) through (5) of subsection 
 
 
SB3200- 254 -LRB103 39081 RLC 69219 b


1(e) to possess an assault weapon, assault weapon attachment, 
2.50 caliber rifle, or .50 caliber cartridge may transfer the 
3assault weapon, assault weapon attachment, .50 caliber rifle, 
4or .50 caliber cartridge only to an heir, an individual 
5residing in another state maintaining it in another state, or 
6a dealer licensed as a federal firearms dealer under Section 
7923 of the federal Gun Control Act of 1968. Within 10 days 
8after transfer of the weapon except to an heir, the person 
9shall notify the Illinois State Police of the name and address 
10of the transferee and comply with the requirements of 
11subsection (b) of Section 3 of the Firearm Owners 
12Identification Card Act. The person to whom the weapon or 
13ammunition is transferred shall, within 60 days of the 
14transfer, complete an affidavit required under this Section. A 
15person to whom the weapon is transferred may transfer it only 
16as provided in this subsection.
17 Except as provided in subsection (e) and beginning on 
18January 1, 2024, any person who moves into this State in 
19possession of an assault weapon, assault weapon attachment, 
20.50 caliber rifle, or .50 caliber cartridge shall, within 60 
21days, apply for a Firearm Owners Identification Card and 
22complete an endorsement application as outlined in subsection 
23(d).
24 Notwithstanding any other law, information contained in 
25the endorsement affidavit shall be confidential, is exempt 
26from disclosure under the Freedom of Information Act, and 
 
 
SB3200- 255 -LRB103 39081 RLC 69219 b


1shall not be disclosed, except to law enforcement agencies 
2acting in the performance of their duties. 
3 (e) The provisions of this Section regarding the purchase 
4or possession of assault weapons, assault weapon attachments, 
5.50 caliber rifles, and .50 cartridges, as well as the 
6provisions of this Section that prohibit causing those items 
7to be purchased or possessed, do not apply to:
8  (1) Peace officers, as defined in Section 2-13 of this 
9 Code.
10  (2) Qualified law enforcement officers and qualified 
11 retired law enforcement officers as defined in the Law 
12 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
13 and 926C) and as recognized under Illinois law. 
14  (3) Acquisition and possession by a federal, State, or 
15 local law enforcement agency for the purpose of equipping 
16 the agency's peace officers as defined in paragraph (1) or 
17 (2) of this subsection (e). 
18  (4) Wardens, superintendents, and keepers of prisons, 
19 penitentiaries, jails, and other institutions for the 
20 detention of persons accused or convicted of an offense.
21  (5) Members of the Armed Services or Reserve Forces of 
22 the United States or the Illinois National Guard, while 
23 performing their official duties or while traveling to or 
24 from their places of duty.
25  (6) Any company that employs armed security officers 
26 in this State at a nuclear energy, storage, weapons, or 
 
 
SB3200- 256 -LRB103 39081 RLC 69219 b


1 development site or facility regulated by the federal 
2 Nuclear Regulatory Commission and any person employed as 
3 an armed security force member at a nuclear energy, 
4 storage, weapons, or development site or facility 
5 regulated by the federal Nuclear Regulatory Commission who 
6 has completed the background screening and training 
7 mandated by the rules and regulations of the federal 
8 Nuclear Regulatory Commission and while performing 
9 official duties. 
10  (7) Any private security contractor agency licensed 
11 under the Private Detective, Private Alarm, Private 
12 Security, Fingerprint Vendor, and Locksmith Act of 2004 
13 that employs private security contractors and any private 
14 security contractor who is licensed and has been issued a 
15 firearm control card under the Private Detective, Private 
16 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
17 Act of 2004 while performing official duties. 
18 The provisions of this Section do not apply to the 
19manufacture, delivery, sale, import, purchase, or possession 
20of an assault weapon, assault weapon attachment, .50 caliber 
21rifle, or .50 caliber cartridge or causing the manufacture, 
22delivery, sale, importation, purchase, or possession of those 
23items:
24  (A) for sale or transfer to persons authorized under 
25 subdivisions (1) through (7) of this subsection (e) to 
26 possess those items;
 
 
SB3200- 257 -LRB103 39081 RLC 69219 b


1  (B) for sale or transfer to the United States or any 
2 department or agency thereof; or
3  (C) for sale or transfer in another state or for 
4 export.
5 This Section does not apply to or affect any of the 
6following: 
7  (i) Possession of any firearm if that firearm is 
8 sanctioned by the International Olympic Committee and by 
9 USA Shooting, the national governing body for 
10 international shooting competition in the United States, 
11 but only when the firearm is in the actual possession of an 
12 Olympic target shooting competitor or target shooting 
13 coach for the purpose of storage, transporting to and from 
14 Olympic target shooting practice or events if the firearm 
15 is broken down in a nonfunctioning state, is not 
16 immediately accessible, or is unloaded and enclosed in a 
17 firearm case, carrying box, shipping box, or other similar 
18 portable container designed for the safe transportation of 
19 firearms, and when the Olympic target shooting competitor 
20 or target shooting coach is engaging in those practices or 
21 events. For the purposes of this paragraph (8), "firearm" 
22 has the meaning provided in Section 2-7.5 1.1 of the 
23 Firearm Owners Identification Card Act.
24  (ii) Any nonresident who transports, within 24 hours, 
25 a weapon for any lawful purpose from any place where the 
26 nonresident may lawfully possess and carry that weapon to 
 
 
SB3200- 258 -LRB103 39081 RLC 69219 b


1 any other place where the nonresident may lawfully possess 
2 and carry that weapon if, during the transportation, the 
3 weapon is unloaded, and neither the weapon nor any 
4 ammunition being transported is readily accessible or is 
5 directly accessible from the passenger compartment of the 
6 transporting vehicle. In the case of a vehicle without a 
7 compartment separate from the driver's compartment, the 
8 weapon or ammunition shall be contained in a locked 
9 container other than the glove compartment or console. 
10  (iii) Possession of a weapon at an event taking place 
11 at the World Shooting and Recreational Complex at Sparta, 
12 only while engaged in the legal use of the weapon, or while 
13 traveling to or from that location if the weapon is broken 
14 down in a nonfunctioning state, is not immediately 
15 accessible, or is unloaded and enclosed in a firearm case, 
16 carrying box, shipping box, or other similar portable 
17 container designed for the safe transportation of 
18 firearms. 
19  (iv) Possession of a weapon only for hunting use 
20 expressly permitted under the Wildlife Code, or while 
21 traveling to or from a location authorized for this 
22 hunting use under the Wildlife Code if the weapon is 
23 broken down in a nonfunctioning state, is not immediately 
24 accessible, or is unloaded and enclosed in a firearm case, 
25 carrying box, shipping box, or other similar portable 
26 container designed for the safe transportation of 
 
 
SB3200- 259 -LRB103 39081 RLC 69219 b


1 firearms. By October 1, 2023, the Illinois State Police, 
2 in consultation with the Department of Natural Resources, 
3 shall adopt rules concerning the list of applicable 
4 weapons approved under this subparagraph (iv). The 
5 Illinois State Police may adopt emergency rules in 
6 accordance with Section 5-45 of the Illinois 
7 Administrative Procedure Act. The adoption of emergency 
8 rules authorized by Section 5-45 of the Illinois 
9 Administrative Procedure Act and this paragraph is deemed 
10 to be necessary for the public interest, safety, and 
11 welfare. 
12  (v) The manufacture, transportation, possession, sale, 
13 or rental of blank-firing assault weapons and .50 caliber 
14 rifles, or the weapon's respective attachments, to persons 
15 authorized or permitted, or both authorized and permitted, 
16 to acquire and possess these weapons or attachments for 
17 the purpose of rental for use solely as props for a motion 
18 picture, television, or video production or entertainment 
19 event. 
20 Any person not subject to this Section may submit an 
21endorsement affidavit if the person chooses. 
22 (f) Any sale or transfer with a background check initiated 
23to the Illinois State Police on or before January 10, 2023 (the 
24effective date of Public Act 102-1116) this amendatory Act of 
25the 102nd General Assembly is allowed to be completed after 
26January 10, 2023 the effective date of this amendatory Act 
 
 
SB3200- 260 -LRB103 39081 RLC 69219 b


1once an approval is issued by the Illinois State Police and any 
2applicable waiting period under Section 24-3 has expired.
3 (g) The Illinois State Police shall take all steps 
4necessary to carry out the requirements of this Section within 
5by October 1, 2023. 
6 (h) The Illinois Department of the State Police shall also 
7develop and implement a public notice and public outreach 
8campaign to promote awareness about the provisions of Public 
9Act 102-1116 this amendatory Act of the 102nd General Assembly 
10and to increase compliance with this Section. 
11(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

12 (720 ILCS 5/24-1.10)
13 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
14of large capacity ammunition feeding devices.
15 (a) In this Section:
16 "Handgun" has the meaning ascribed to it in the Firearm 
17Concealed Carry Act.
18 "Long gun" means a rifle or shotgun. 
19 "Large capacity ammunition feeding device" means:
20  (1) a magazine, belt, drum, feed strip, or similar 
21 device that has a capacity of, or that can be readily 
22 restored or converted to accept, more than 10 rounds of 
23 ammunition for long guns and more than 15 rounds of 
24 ammunition for handguns; or
25  (2) any combination of parts from which a device 
 
 
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1 described in paragraph (1) can be assembled.
2 "Large capacity ammunition feeding device" does not 
3include an attached tubular device designed to accept, and 
4capable of operating only with, .22 caliber rimfire 
5ammunition. "Large capacity ammunition feeding device" does 
6not include a tubular magazine that is contained in a 
7lever-action firearm or any device that has been made 
8permanently inoperable.
9 (b) Except as provided in subsections (e) and (f), it is 
10unlawful for any person within this State to knowingly 
11manufacture, deliver, sell, purchase, or cause to be 
12manufactured, delivered, sold, or purchased a large capacity 
13ammunition feeding device.
14 (c) Except as provided in subsections (d), (e), and (f), 
15and beginning 90 days after January 10, 2023 (the effective 
16date of Public Act 102-1116) this amendatory Act of the 102nd 
17General Assembly, it is unlawful to knowingly possess a large 
18capacity ammunition feeding device. 
19 (d) Subsection (c) does not apply to a person's possession 
20of a large capacity ammunition feeding device if the person 
21lawfully possessed that large capacity ammunition feeding 
22device before January 10, 2023 (the effective date of Public 
23Act 102-1116) this amendatory Act of the 102nd General 
24Assembly, provided that the person shall possess such device 
25only: 
26  (1) on private property owned or immediately 
 
 
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1 controlled by the person;
2  (2) on private property that is not open to the public 
3 with the express permission of the person who owns or 
4 immediately controls such property;
5  (3) while on the premises of a licensed firearms 
6 dealer or gunsmith for the purpose of lawful repair;
7  (4) while engaged in the legal use of the large 
8 capacity ammunition feeding device at a properly licensed 
9 firing range or sport shooting competition venue; or
10  (5) while traveling to or from these locations, 
11 provided that the large capacity ammunition feeding device 
12 is stored unloaded and enclosed in a case, firearm 
13 carrying box, shipping box, or other container. 
14 A person authorized under this Section to possess a large 
15capacity ammunition feeding device may transfer the large 
16capacity ammunition feeding device only to an heir, an 
17individual residing in another state maintaining it in another 
18state, or a dealer licensed as a federal firearms dealer under 
19Section 923 of the federal Gun Control Act of 1968. Within 10 
20days after transfer of the large capacity ammunition feeding 
21device except to an heir, the person shall notify the Illinois 
22State Police of the name and address of the transferee and 
23comply with the requirements of subsection (b) of Section 3 of 
24the Firearm Owners Identification Card Act. The person to whom 
25the large capacity ammunition feeding device is transferred 
26shall, within 60 days of the transfer, notify the Illinois 
 
 
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1State Police of the person's acquisition and comply with the 
2requirements of subsection (b) of Section 3 of the Firearm 
3Owners Identification Card Act. A person to whom the large 
4capacity ammunition feeding device is transferred may transfer 
5it only as provided in this subsection.
6 Except as provided in subsections (e) and (f) and 
7beginning 90 days after the effective date of this amendatory 
8Act of the 102nd General Assembly, any person who moves into 
9this State in possession of a large capacity ammunition 
10feeding device shall, within 60 days, apply for a Firearm 
11Owners Identification Card.
12 (e) The provisions of this Section regarding the purchase 
13or possession of large capacity ammunition feeding devices, as 
14well as the provisions of this Section that prohibit causing 
15those items to be purchased or possessed, do not apply to:
16  (1) Peace officers as defined in Section 2-13 of this 
17 Code.
18  (2) Qualified law enforcement officers and qualified 
19 retired law enforcement officers as defined in the Law 
20 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
21 and 926C) and as recognized under Illinois law. 
22  (3) A federal, State, or local law enforcement agency 
23 for the purpose of equipping the agency's peace officers 
24 as defined in paragraph (1) or (2) of this subsection (e). 
25  (4) Wardens, superintendents, and keepers of prisons, 
26 penitentiaries, jails, and other institutions for the 
 
 
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1 detention of persons accused or convicted of an offense.
2  (5) Members of the Armed Services or Reserve Forces of 
3 the United States or the Illinois National Guard, while 
4 performing their official duties or while traveling to or 
5 from their places of duty.
6  (6) Any company that employs armed security officers 
7 in this State at a nuclear energy, storage, weapons, or 
8 development site or facility regulated by the federal 
9 Nuclear Regulatory Commission and any person employed as 
10 an armed security force member at a nuclear energy, 
11 storage, weapons, or development site or facility 
12 regulated by the federal Nuclear Regulatory Commission who 
13 has completed the background screening and training 
14 mandated by the rules and regulations of the federal 
15 Nuclear Regulatory Commission and while performing 
16 official duties. 
17  (7) Any private security contractor agency licensed 
18 under the Private Detective, Private Alarm, Private 
19 Security, Fingerprint Vendor, and Locksmith Act of 2004 
20 that employs private security contractors and any private 
21 security contractor who is licensed and has been issued a 
22 firearm control card under the Private Detective, Private 
23 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
24 Act of 2004 while performing official duties. 
25 (f) This Section does not apply to or affect any of the 
26following: 
 
 
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1  (1) Manufacture, delivery, sale, importation, 
2 purchase, or possession or causing to be manufactured, 
3 delivered, sold, imported, purchased, or possessed a large 
4 capacity ammunition feeding device:
5   (A) for sale or transfer to persons authorized 
6 under subdivisions (1) through (7) of subsection (e) 
7 to possess those items;
8   (B) for sale or transfer to the United States or 
9 any department or agency thereof; or
10   (C) for sale or transfer in another state or for 
11 export.
12  (2) Sale or rental of large capacity ammunition 
13 feeding devices for blank-firing assault weapons and .50 
14 caliber rifles, to persons authorized or permitted, or 
15 both authorized and permitted, to acquire these devices 
16 for the purpose of rental for use solely as props for a 
17 motion picture, television, or video production or 
18 entertainment event. 
19 (g) Sentence. A person who knowingly manufactures, 
20delivers, sells, purchases, possesses, or causes to be 
21manufactured, delivered, sold, possessed, or purchased in 
22violation of this Section a large capacity ammunition feeding 
23device capable of holding more than 10 rounds of ammunition 
24for long guns or more than 15 rounds of ammunition for handguns 
25commits a petty offense with a fine of $1,000 for each 
26violation.
 
 
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1 (h) The Illinois Department of the State Police shall also 
2develop and implement a public notice and public outreach 
3campaign to promote awareness about the provisions of Public 
4Act 102-1116 this amendatory Act of the 102nd General Assembly 
5and to increase compliance with this Section. 
6(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

7 (720 ILCS 5/24-2)
8 Sec. 24-2. Exemptions. 
9 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
11the following:
12  (1) Peace officers, and any person summoned by a peace 
13 officer to assist in making arrests or preserving the 
14 peace, while actually engaged in assisting such officer.
15  (2) Wardens, superintendents and keepers of prisons, 
16 penitentiaries, jails and other institutions for the 
17 detention of persons accused or convicted of an offense, 
18 while in the performance of their official duty, or while 
19 commuting between their homes and places of employment.
20  (3) Members of the Armed Services or Reserve Forces of 
21 the United States or the Illinois National Guard or the 
22 Reserve Officers Training Corps, while in the performance 
23 of their official duty.
24  (4) Special agents employed by a railroad or a public 
25 utility to perform police functions, and guards of armored 
 
 
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1 car companies, while actually engaged in the performance 
2 of the duties of their employment or commuting between 
3 their homes and places of employment; and watchmen while 
4 actually engaged in the performance of the duties of their 
5 employment.
6  (5) Persons licensed as private security contractors, 
7 private detectives, or private alarm contractors, or 
8 employed by a private security contractor, private 
9 detective, or private alarm contractor agency licensed by 
10 the Department of Financial and Professional Regulation, 
11 if their duties include the carrying of a weapon under the 
12 provisions of the Private Detective, Private Alarm, 
13 Private Security, Fingerprint Vendor, and Locksmith Act of 
14 2004, while actually engaged in the performance of the 
15 duties of their employment or commuting between their 
16 homes and places of employment. A person shall be 
17 considered eligible for this exemption if he or she has 
18 completed the required 20 hours of training for a private 
19 security contractor, private detective, or private alarm 
20 contractor, or employee of a licensed private security 
21 contractor, private detective, or private alarm contractor 
22 agency and 28 hours of required firearm training, and has 
23 been issued a firearm control card by the Department of 
24 Financial and Professional Regulation. Conditions for the 
25 renewal of firearm control cards issued under the 
26 provisions of this Section shall be the same as for those 
 
 
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1 cards issued under the provisions of the Private 
2 Detective, Private Alarm, Private Security, Fingerprint 
3 Vendor, and Locksmith Act of 2004. The firearm control 
4 card shall be carried by the private security contractor, 
5 private detective, or private alarm contractor, or 
6 employee of the licensed private security contractor, 
7 private detective, or private alarm contractor agency at 
8 all times when he or she is in possession of a concealable 
9 weapon permitted by his or her firearm control card.
10  (6) Any person regularly employed in a commercial or 
11 industrial operation as a security guard for the 
12 protection of persons employed and private property 
13 related to such commercial or industrial operation, while 
14 actually engaged in the performance of his or her duty or 
15 traveling between sites or properties belonging to the 
16 employer, and who, as a security guard, is a member of a 
17 security force registered with the Department of Financial 
18 and Professional Regulation; provided that such security 
19 guard has successfully completed a course of study, 
20 approved by and supervised by the Department of Financial 
21 and Professional Regulation, consisting of not less than 
22 48 hours of training that includes the theory of law 
23 enforcement, liability for acts, and the handling of 
24 weapons. A person shall be considered eligible for this 
25 exemption if he or she has completed the required 20 hours 
26 of training for a security officer and 28 hours of 
 
 
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1 required firearm training, and has been issued a firearm 
2 control card by the Department of Financial and 
3 Professional Regulation. Conditions for the renewal of 
4 firearm control cards issued under the provisions of this 
5 Section shall be the same as for those cards issued under 
6 the provisions of the Private Detective, Private Alarm, 
7 Private Security, Fingerprint Vendor, and Locksmith Act of 
8 2004. The firearm control card shall be carried by the 
9 security guard at all times when he or she is in possession 
10 of a concealable weapon permitted by his or her firearm 
11 control card.
12  (7) Agents and investigators of the Illinois 
13 Legislative Investigating Commission authorized by the 
14 Commission to carry the weapons specified in subsections 
15 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
16 any investigation for the Commission.
17  (8) Persons employed by a financial institution as a 
18 security guard for the protection of other employees and 
19 property related to such financial institution, while 
20 actually engaged in the performance of their duties, 
21 commuting between their homes and places of employment, or 
22 traveling between sites or properties owned or operated by 
23 such financial institution, and who, as a security guard, 
24 is a member of a security force registered with the 
25 Department; provided that any person so employed has 
26 successfully completed a course of study, approved by and 
 
 
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1 supervised by the Department of Financial and Professional 
2 Regulation, consisting of not less than 48 hours of 
3 training which includes theory of law enforcement, 
4 liability for acts, and the handling of weapons. A person 
5 shall be considered to be eligible for this exemption if 
6 he or she has completed the required 20 hours of training 
7 for a security officer and 28 hours of required firearm 
8 training, and has been issued a firearm control card by 
9 the Department of Financial and Professional Regulation. 
10 Conditions for renewal of firearm control cards issued 
11 under the provisions of this Section shall be the same as 
12 for those issued under the provisions of the Private 
13 Detective, Private Alarm, Private Security, Fingerprint 
14 Vendor, and Locksmith Act of 2004. The firearm control 
15 card shall be carried by the security guard at all times 
16 when he or she is in possession of a concealable weapon 
17 permitted by his or her firearm control card. For purposes 
18 of this subsection, "financial institution" means a bank, 
19 savings and loan association, credit union or company 
20 providing armored car services.
21  (9) Any person employed by an armored car company to 
22 drive an armored car, while actually engaged in the 
23 performance of his duties.
24  (10) Persons who have been classified as peace 
25 officers pursuant to the Peace Officer Fire Investigation 
26 Act.
 
 
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1  (11) Investigators of the Office of the State's 
2 Attorneys Appellate Prosecutor authorized by the board of 
3 governors of the Office of the State's Attorneys Appellate 
4 Prosecutor to carry weapons pursuant to Section 7.06 of 
5 the State's Attorneys Appellate Prosecutor's Act.
6  (12) Special investigators appointed by a State's 
7 Attorney under Section 3-9005 of the Counties Code.
8  (12.5) Probation officers while in the performance of 
9 their duties, or while commuting between their homes, 
10 places of employment or specific locations that are part 
11 of their assigned duties, with the consent of the chief 
12 judge of the circuit for which they are employed, if they 
13 have received weapons training according to requirements 
14 of the Peace Officer and Probation Officer Firearm 
15 Training Act.
16  (13) Court Security Officers while in the performance 
17 of their official duties, or while commuting between their 
18 homes and places of employment, with the consent of the 
19 Sheriff.
20  (13.5) A person employed as an armed security guard at 
21 a nuclear energy, storage, weapons or development site or 
22 facility regulated by the Nuclear Regulatory Commission 
23 who has completed the background screening and training 
24 mandated by the rules and regulations of the Nuclear 
25 Regulatory Commission.
26  (14) Manufacture, transportation, or sale of weapons 
 
 
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1 to persons authorized under subdivisions (1) through 
2 (13.5) of this subsection to possess those weapons.
3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
4to or affect any person carrying a concealed pistol, revolver, 
5or handgun and the person has been issued a currently valid 
6license under the Firearm Concealed Carry Act at the time of 
7the commission of the offense.
8 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
9to or affect a qualified current or retired law enforcement 
10officer or a current or retired deputy, county correctional 
11officer, or correctional officer of the Department of 
12Corrections qualified under the laws of this State or under 
13the federal Law Enforcement Officers Safety Act. 
14 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1524-1.6 do not apply to or affect any of the following:
16  (1) Members of any club or organization organized for 
17 the purpose of practicing shooting at targets upon 
18 established target ranges, whether public or private, and 
19 patrons of such ranges, while such members or patrons are 
20 using their firearms on those target ranges.
21  (2) Duly authorized military or civil organizations 
22 while parading, with the special permission of the 
23 Governor.
24  (3) Hunters, trappers, or fishermen while engaged in 
25 lawful hunting, trapping, or fishing under the provisions 
26 of the Wildlife Code or the Fish and Aquatic Life Code.
 
 
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1  (4) Transportation of weapons that are broken down in 
2 a non-functioning state or are not immediately accessible.
3  (5) Carrying or possessing any pistol, revolver, stun 
4 gun or taser or other firearm on the land or in the legal 
5 dwelling of another person as an invitee with that 
6 person's permission. 
7 (c) Subsection 24-1(a)(7) does not apply to or affect any 
8of the following:
9  (1) Peace officers while in performance of their 
10 official duties.
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  (3) 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  (4) Manufacture, transportation, or sale of machine 
18 guns to persons authorized under subdivisions (1) through 
19 (3) of this subsection to possess machine guns, if the 
20 machine guns are broken down in a non-functioning state or 
21 are not immediately accessible.
22  (5) Persons licensed under federal law to manufacture 
23 any weapon from which 8 or more shots or bullets can be 
24 discharged by a single function of the firing device, or 
25 ammunition for such weapons, and actually engaged in the 
26 business of manufacturing such weapons or ammunition, but 
 
 
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1 only with respect to activities which are within the 
2 lawful scope of such business, such as the manufacture, 
3 transportation, or testing of such weapons or ammunition. 
4 This exemption does not authorize the general private 
5 possession of any weapon from which 8 or more shots or 
6 bullets can be discharged by a single function of the 
7 firing device, but only such possession and activities as 
8 are within the lawful scope of a licensed manufacturing 
9 business described in this paragraph.
10  During transportation, such weapons shall be broken 
11 down in a non-functioning state or not immediately 
12 accessible.
13  (6) The manufacture, transport, testing, delivery, 
14 transfer or sale, and all lawful commercial or 
15 experimental activities necessary thereto, of rifles, 
16 shotguns, and weapons made from rifles or shotguns, or 
17 ammunition for such rifles, shotguns or weapons, where 
18 engaged in by a person operating as a contractor or 
19 subcontractor pursuant to a contract or subcontract for 
20 the development and supply of such rifles, shotguns, 
21 weapons or ammunition to the United States government or 
22 any branch of the Armed Forces of the United States, when 
23 such activities are necessary and incident to fulfilling 
24 the terms of such contract.
25  The exemption granted under this subdivision (c)(6) 
26 shall also apply to any authorized agent of any such 
 
 
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1 contractor or subcontractor who is operating within the 
2 scope of his employment, where such activities involving 
3 such weapon, weapons or ammunition are necessary and 
4 incident to fulfilling the terms of such contract.
5  (7) A person possessing a rifle with a barrel or 
6 barrels less than 16 inches in length if: (A) the person 
7 has been issued a Curios and Relics license from the U.S. 
8 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
9 (B) the person is an active member of a bona fide, 
10 nationally recognized military re-enacting group and the 
11 modification is required and necessary to accurately 
12 portray the weapon for historical re-enactment purposes; 
13 the re-enactor is in possession of a valid and current 
14 re-enacting group membership credential; and the overall 
15 length of the weapon as modified is not less than 26 
16 inches.
17 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
18possession or carrying of a black-jack or slung-shot by a 
19peace officer.
20 (e) Subsection 24-1(a)(8) does not apply to any owner, 
21manager or authorized employee of any place specified in that 
22subsection nor to any law enforcement officer.
23 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
24Section 24-1.6 do not apply to members of any club or 
25organization organized for the purpose of practicing shooting 
26at targets upon established target ranges, whether public or 
 
 
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1private, while using their firearms on those target ranges.
2 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
3to:
4  (1) Members of the Armed Services or Reserve Forces of 
5 the United States or the Illinois National Guard, while in 
6 the performance of their official duty.
7  (2) Bonafide collectors of antique or surplus military 
8 ordnance.
9  (3) Laboratories having a department of forensic 
10 ballistics, or specializing in the development of 
11 ammunition or explosive ordnance.
12  (4) Commerce, preparation, assembly or possession of 
13 explosive bullets by manufacturers of ammunition licensed 
14 by the federal government, in connection with the supply 
15 of those organizations and persons exempted by subdivision 
16 (g)(1) of this Section, or like organizations and persons 
17 outside this State, or the transportation of explosive 
18 bullets to any organization or person exempted in this 
19 Section by a common carrier or by a vehicle owned or leased 
20 by an exempted manufacturer.
21 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
22persons licensed under federal law to manufacture any device 
23or attachment of any kind designed, used, or intended for use 
24in silencing the report of any firearm, firearms, or 
25ammunition for those firearms equipped with those devices, and 
26actually engaged in the business of manufacturing those 
 
 
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1devices, firearms, or ammunition, but only with respect to 
2activities that are within the lawful scope of that business, 
3such as the manufacture, transportation, or testing of those 
4devices, firearms, or ammunition. This exemption does not 
5authorize the general private possession of any device or 
6attachment of any kind designed, used, or intended for use in 
7silencing the report of any firearm, but only such possession 
8and activities as are within the lawful scope of a licensed 
9manufacturing business described in this subsection (g-5). 
10During transportation, these devices shall be detached from 
11any weapon or not immediately accessible.
12 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1324-1.6 do not apply to or affect any parole agent or parole 
14supervisor who meets the qualifications and conditions 
15prescribed in Section 3-14-1.5 of the Unified Code of 
16Corrections. 
17 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
18officer while serving as a member of a tactical response team 
19or special operations team. A peace officer may not personally 
20own or apply for ownership of a device or attachment of any 
21kind designed, used, or intended for use in silencing the 
22report of any firearm. These devices shall be owned and 
23maintained by lawfully recognized units of government whose 
24duties include the investigation of criminal acts.
25 (g-10) (Blank). 
26 (h) An information or indictment based upon a violation of 
 
 
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1any subsection of this Article need not negative any 
2exemptions contained in this Article. The defendant shall have 
3the burden of proving such an exemption.
4 (i) Nothing in this Article shall prohibit, apply to, or 
5affect the transportation, carrying, or possession, of any 
6pistol or revolver, stun gun, taser, or other firearm 
7consigned to a common carrier operating under license of the 
8State of Illinois or the federal government, where such 
9transportation, carrying, or possession is incident to the 
10lawful transportation in which such common carrier is engaged; 
11and nothing in this Article shall prohibit, apply to, or 
12affect the transportation, carrying, or possession of any 
13pistol, revolver, stun gun, taser, or other firearm, not the 
14subject of and regulated by subsection 24-1(a)(7) or 
15subsection 24-2(c) of this Article, which is unloaded and 
16enclosed in a case, firearm carrying box, shipping box, or 
17other container, by a person eligible under State and federal 
18law to possess a firearm the possessor of a valid Firearm 
19Owners Identification Card.
20(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
21102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
23 Sec. 24-3. Unlawful sale or delivery of firearms. 
24 (A) A person commits the offense of unlawful sale or 
25delivery of firearms when he or she knowingly does any of the 
 
 
SB3200- 279 -LRB103 39081 RLC 69219 b


1following:
2  (a) Sells or gives any firearm of a size which may be 
3 concealed upon the person to any person under 18 years of 
4 age.
5  (b) Sells or gives any firearm to a person under 21 
6 years of age who has been convicted of a misdemeanor other 
7 than a traffic offense or adjudged delinquent.
8  (c) Sells or gives any firearm to any narcotic addict.
9  (d) Sells or gives any firearm to any person who has 
10 been convicted of a felony under the laws of this or any 
11 other jurisdiction.
12  (e) Sells or gives any firearm to any person who has 
13 been a patient in a mental institution within the past 5 
14 years. In this subsection (e):
15   "Mental institution" means any hospital, 
16 institution, clinic, evaluation facility, mental 
17 health center, or part thereof, which is used 
18 primarily for the care or treatment of persons with 
19 mental illness. 
20   "Patient in a mental institution" means the person 
21 was admitted, either voluntarily or involuntarily, to 
22 a mental institution for mental health treatment, 
23 unless the treatment was voluntary and solely for an 
24 alcohol abuse disorder and no other secondary 
25 substance abuse disorder or mental illness.
26  (f) Sells or gives any firearms to any person who is a 
 
 
SB3200- 280 -LRB103 39081 RLC 69219 b


1 person with an intellectual disability.
2  (g) Delivers any firearm, incidental to a sale, 
3 without withholding delivery of the firearm for at least 
4 72 hours after application for its purchase has been made, 
5 or delivers a stun gun or taser, incidental to a sale, 
6 without withholding delivery of the stun gun or taser for 
7 at least 24 hours after application for its purchase has 
8 been made. However, this paragraph (g) does not apply to: 
9 (1) the sale of a firearm to a law enforcement officer if 
10 the seller of the firearm knows that the person to whom he 
11 or she is selling the firearm is a law enforcement officer 
12 or the sale of a firearm to a person who desires to 
13 purchase a firearm for use in promoting the public 
14 interest incident to his or her employment as a bank 
15 guard, armed truck guard, or other similar employment; (2) 
16 a mail order sale of a firearm from a federally licensed 
17 firearms dealer to a nonresident of Illinois under which 
18 the firearm is mailed to a federally licensed firearms 
19 dealer outside the boundaries of Illinois; (3) (blank); 
20 (4) the sale of a firearm to a dealer licensed as a federal 
21 firearms dealer under Section 923 of the federal Gun 
22 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
23 sale of any rifle, shotgun, or other long gun to a resident 
24 registered competitor or attendee or non-resident 
25 registered competitor or attendee by any dealer licensed 
26 as a federal firearms dealer under Section 923 of the 
 
 
SB3200- 281 -LRB103 39081 RLC 69219 b


1 federal Gun Control Act of 1968 at competitive shooting 
2 events held at the World Shooting Complex sanctioned by a 
3 national governing body. For purposes of transfers or 
4 sales under subparagraph (5) of this paragraph (g), the 
5 Department of Natural Resources shall give notice to the 
6 Illinois State Police at least 30 calendar days prior to 
7 any competitive shooting events at the World Shooting 
8 Complex sanctioned by a national governing body. The 
9 notification shall be made on a form prescribed by the 
10 Illinois State Police. The sanctioning body shall provide 
11 a list of all registered competitors and attendees at 
12 least 24 hours before the events to the Illinois State 
13 Police. Any changes to the list of registered competitors 
14 and attendees shall be forwarded to the Illinois State 
15 Police as soon as practicable. The Illinois State Police 
16 must destroy the list of registered competitors and 
17 attendees no later than 30 days after the date of the 
18 event. Nothing in this paragraph (g) relieves a federally 
19 licensed firearm dealer from the requirements of 
20 conducting a NICS background check through the Illinois 
21 Point of Contact under 18 U.S.C. 922(t). For purposes of 
22 this paragraph (g), "application" means when the buyer and 
23 seller reach an agreement to purchase a firearm. For 
24 purposes of this paragraph (g), "national governing body" 
25 means a group of persons who adopt rules and formulate 
26 policy on behalf of a national firearm sporting 
 
 
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1 organization. 
2  (h) While holding any license as a dealer, importer, 
3 manufacturer or pawnbroker under the federal Gun Control 
4 Act of 1968, manufactures, sells or delivers to any 
5 unlicensed person a handgun having a barrel, slide, frame 
6 or receiver which is a die casting of zinc alloy or any 
7 other nonhomogeneous metal which will melt or deform at a 
8 temperature of less than 800 degrees Fahrenheit. For 
9 purposes of this paragraph, (1) "firearm" has the meaning 
10 provided in Section 2-7.5 of the Criminal Code of 2012 is 
11 defined as in the Firearm Owners Identification Card Act; 
12 and (2) "handgun" is defined as a firearm designed to be 
13 held and fired by the use of a single hand, and includes a 
14 combination of parts from which such a firearm can be 
15 assembled.
16  (i) Sells or gives a firearm of any size to any person 
17 under 18 years of age who is not eligible under State or 
18 federal law to possess a firearm does not possess a valid 
19 Firearm Owner's Identification Card.
20  (j) Sells or gives a firearm while engaged in the 
21 business of selling firearms at wholesale or retail 
22 without being licensed as a federal firearms dealer under 
23 Section 923 of the federal Gun Control Act of 1968 (18 
24 U.S.C. 923). In this paragraph (j):
25  A person "engaged in the business" means a person who 
26 devotes time, attention, and labor to engaging in the 
 
 
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1 activity as a regular course of trade or business with the 
2 principal objective of livelihood and profit, but does not 
3 include a person who makes occasional repairs of firearms 
4 or who occasionally fits special barrels, stocks, or 
5 trigger mechanisms to firearms.
6  "With the principal objective of livelihood and 
7 profit" means that the intent underlying the sale or 
8 disposition of firearms is predominantly one of obtaining 
9 livelihood and pecuniary gain, as opposed to other 
10 intents, such as improving or liquidating a personal 
11 firearms collection; however, proof of profit shall not be 
12 required as to a person who engages in the regular and 
13 repetitive purchase and disposition of firearms for 
14 criminal purposes or terrorism.
15  (k) (Blank). Sells or transfers ownership of a firearm 
16 to a person who does not display to the seller or 
17 transferor of the firearm either: (1) a currently valid 
18 Firearm Owner's Identification Card that has previously 
19 been issued in the transferee's name by the Illinois State 
20 Police under the provisions of the Firearm Owners 
21 Identification Card Act; or (2) a currently valid license 
22 to carry a concealed firearm that has previously been 
23 issued in the transferee's name by the Illinois State 
24 Police under the Firearm Concealed Carry Act. This 
25 paragraph (k) does not apply to the transfer of a firearm 
26 to a person who is exempt from the requirement of 
 
 
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1 possessing a Firearm Owner's Identification Card under 
2 Section 2 of the Firearm Owners Identification Card Act. 
3 For the purposes of this Section, a currently valid 
4 Firearm Owner's Identification Card or license to carry a 
5 concealed firearm means receipt of an approval number 
6 issued in accordance with subsection (a-10) of Section 3 
7 or Section 3.1 of the Firearm Owners Identification Card 
8 Act.
9   (1) (Blank). In addition to the other requirements 
10 of this paragraph (k), all persons who are not 
11 federally licensed firearms dealers must also have 
12 complied with subsection (a-10) of Section 3 of the 
13 Firearm Owners Identification Card Act by determining 
14 the validity of a purchaser's Firearm Owner's 
15 Identification Card.
16   (2) (Blank). All sellers or transferors who have 
17 complied with the requirements of subparagraph (1) of 
18 this paragraph (k) shall not be liable for damages in 
19 any civil action arising from the use or misuse by the 
20 transferee of the firearm transferred, except for 
21 willful or wanton misconduct on the part of the seller 
22 or transferor. 
23  (l) Not being entitled to the possession of a firearm, 
24 delivers the firearm, knowing it to have been stolen or 
25 converted. It may be inferred that a person who possesses 
26 a firearm with knowledge that its serial number has been 
 
 
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1 removed or altered has knowledge that the firearm is 
2 stolen or converted. 
3 (B) Paragraph (h) of subsection (A) does not include 
4firearms sold within 6 months after enactment of Public Act 
578-355 (approved August 21, 1973, effective October 1, 1973), 
6nor is any firearm legally owned or possessed by any citizen or 
7purchased by any citizen within 6 months after the enactment 
8of Public Act 78-355 subject to confiscation or seizure under 
9the provisions of that Public Act. Nothing in Public Act 
1078-355 shall be construed to prohibit the gift or trade of any 
11firearm if that firearm was legally held or acquired within 6 
12months after the enactment of that Public Act.
13 (C) Sentence.
14  (1) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (c), (e), (f), (g), 
16 or (h) of subsection (A) commits a Class 4 felony.
17  (2) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (b) or (i) of 
19 subsection (A) commits a Class 3 felony.
20  (3) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of paragraph (a) of subsection 
22 (A) commits a Class 2 felony.
23  (4) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of paragraph (a), (b), or (i) of 
25 subsection (A) in any school, on the real property 
26 comprising a school, within 1,000 feet of the real 
 
 
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1 property comprising a school, at a school related 
2 activity, or on or within 1,000 feet of any conveyance 
3 owned, leased, or contracted by a school or school 
4 district to transport students to or from school or a 
5 school related activity, regardless of the time of day or 
6 time of year at which the offense was committed, commits a 
7 Class 1 felony. Any person convicted of a second or 
8 subsequent violation of unlawful sale or delivery of 
9 firearms in violation of paragraph (a), (b), or (i) of 
10 subsection (A) in any school, on the real property 
11 comprising a school, within 1,000 feet of the real 
12 property comprising a school, at a school related 
13 activity, or on or within 1,000 feet of any conveyance 
14 owned, leased, or contracted by a school or school 
15 district to transport students to or from school or a 
16 school related activity, regardless of the time of day or 
17 time of year at which the offense was committed, commits a 
18 Class 1 felony for which the sentence shall be a term of 
19 imprisonment of no less than 5 years and no more than 15 
20 years.
21  (5) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of paragraph (a) or (i) of 
23 subsection (A) in residential property owned, operated, or 
24 managed by a public housing agency or leased by a public 
25 housing agency as part of a scattered site or mixed-income 
26 development, in a public park, in a courthouse, on 
 
 
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1 residential property owned, operated, or managed by a 
2 public housing agency or leased by a public housing agency 
3 as part of a scattered site or mixed-income development, 
4 on the real property comprising any public park, on the 
5 real property comprising any courthouse, or on any public 
6 way within 1,000 feet of the real property comprising any 
7 public park, courthouse, or residential property owned, 
8 operated, or managed by a public housing agency or leased 
9 by a public housing agency as part of a scattered site or 
10 mixed-income development commits a Class 2 felony.
11  (6) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of paragraph (j) of subsection 
13 (A) commits a Class A misdemeanor. A second or subsequent 
14 violation is a Class 4 felony.
15  (7) (Blank). Any person convicted of unlawful sale or 
16 delivery of firearms in violation of paragraph (k) of 
17 subsection (A) commits a Class 4 felony, except that a 
18 violation of subparagraph (1) of paragraph (k) of 
19 subsection (A) shall not be punishable as a crime or petty 
20 offense. A third or subsequent conviction for a violation 
21 of paragraph (k) of subsection (A) is a Class 1 felony. 
22  (8) A person 18 years of age or older convicted of 
23 unlawful sale or delivery of firearms in violation of 
24 paragraph (a) or (i) of subsection (A), when the firearm 
25 that was sold or given to another person under 18 years of 
26 age was used in the commission of or attempt to commit a 
 
 
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1 forcible felony, shall be fined or imprisoned, or both, 
2 not to exceed the maximum provided for the most serious 
3 forcible felony so committed or attempted by the person 
4 under 18 years of age who was sold or given the firearm. 
5  (9) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of paragraph (d) of subsection 
7 (A) commits a Class 3 felony.
8  (10) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of paragraph (l) of subsection 
10 (A) commits a Class 2 felony if the delivery is of one 
11 firearm. Any person convicted of unlawful sale or delivery 
12 of firearms in violation of paragraph (l) of subsection 
13 (A) commits a Class 1 felony if the delivery is of not less 
14 than 2 and not more than 5 firearms at the same time or 
15 within a one-year period. Any person convicted of unlawful 
16 sale or delivery of firearms in violation of paragraph (l) 
17 of subsection (A) commits a Class X felony for which he or 
18 she shall be sentenced to a term of imprisonment of not 
19 less than 6 years and not more than 30 years if the 
20 delivery is of not less than 6 and not more than 10 
21 firearms at the same time or within a 2-year period. Any 
22 person convicted of unlawful sale or delivery of firearms 
23 in violation of paragraph (l) of subsection (A) commits a 
24 Class X felony for which he or she shall be sentenced to a 
25 term of imprisonment of not less than 6 years and not more 
26 than 40 years if the delivery is of not less than 11 and 
 
 
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1 not more than 20 firearms at the same time or within a 
2 3-year period. Any person convicted of unlawful sale or 
3 delivery of firearms in violation of paragraph (l) of 
4 subsection (A) commits a Class X felony for which he or she 
5 shall be sentenced to a term of imprisonment of not less 
6 than 6 years and not more than 50 years if the delivery is 
7 of not less than 21 and not more than 30 firearms at the 
8 same time or within a 4-year period. Any person convicted 
9 of unlawful sale or delivery of firearms in violation of 
10 paragraph (l) of subsection (A) commits a Class X felony 
11 for which he or she shall be sentenced to a term of 
12 imprisonment of not less than 6 years and not more than 60 
13 years if the delivery is of 31 or more firearms at the same 
14 time or within a 5-year period. 
15 (D) For purposes of this Section:
16 "School" means a public or private elementary or secondary 
17school, community college, college, or university.
18 "School related activity" means any sporting, social, 
19academic, or other activity for which students' attendance or 
20participation is sponsored, organized, or funded in whole or 
21in part by a school or school district.
22 (E) (Blank). A prosecution for a violation of paragraph 
23(k) of subsection (A) of this Section may be commenced within 6 
24years after the commission of the offense. A prosecution for a 
25violation of this Section other than paragraph (g) of 
26subsection (A) of this Section may be commenced within 5 years 
 
 
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1after the commission of the offense defined in the particular 
2paragraph. 
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22.)

5 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
6 Sec. 24-3.1. Unlawful possession of firearms and firearm 
7ammunition. 
8 (a) A person commits the offense of unlawful possession of 
9firearms or firearm ammunition when: 
10  (1) He is under 18 years of age and has in his 
11 possession any firearm of a size which may be concealed 
12 upon the person; or 
13  (2) He is under 21 years of age, has been convicted of 
14 a misdemeanor other than a traffic offense or adjudged 
15 delinquent and has any firearms or firearm ammunition in 
16 his possession; or 
17  (3) He is a narcotic addict and has any firearms or 
18 firearm ammunition in his possession; or 
19  (4) He has been a patient in a mental institution 
20 within the past 5 years and has any firearms or firearm 
21 ammunition in his possession. For purposes of this 
22 paragraph (4):
23   "Mental institution" means any hospital, 
24 institution, clinic, evaluation facility, mental 
25 health center, or part thereof, which is used 
 
 
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1 primarily for the care or treatment of persons with 
2 mental illness.
3   "Patient in a mental institution" means the person 
4 was admitted, either voluntarily or involuntarily, to 
5 a mental institution for mental health treatment, 
6 unless the treatment was voluntary and solely for an 
7 alcohol abuse disorder and no other secondary 
8 substance abuse disorder or mental illness; or 
9  (5) He is a person with an intellectual disability and 
10 has any firearms or firearm ammunition in his possession; 
11 or 
12  (6) He has in his possession any explosive bullet.
13 For purposes of this paragraph "explosive bullet" means 
14the projectile portion of an ammunition cartridge which 
15contains or carries an explosive charge which will explode 
16upon contact with the flesh of a human or an animal. 
17"Cartridge" means a tubular metal case having a projectile 
18affixed at the front thereof and a cap or primer at the rear 
19end thereof, with the propellant contained in such tube 
20between the projectile and the cap.
21 (a-5) A person prohibited from possessing a firearm under 
22this Section may petition the Director of the Illinois State 
23Police for a hearing and relief from the prohibition, unless 
24the prohibition was based upon a forcible felony, stalking, 
25aggravated stalking, domestic battery, any violation of the 
26Illinois Controlled Substances Act, the Methamphetamine 
 
 
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1Control and Community Protection Act, or the Cannabis Control 
2Act that is classified as a Class 2 or greater felony, any 
3felony violation of Article 24 of the Criminal Code of 1961 or 
4the Criminal Code of 2012, or any adjudication as a delinquent 
5minor for the commission of an offense that if committed by an 
6adult would be a felony, in which case the person may petition 
7the circuit court in writing in the county of his or her 
8residence for a hearing and relief from the prohibition. The 
9Director or court may grant the relief if it is established by 
10the petitioner to the court's or Director's satisfaction that: 
11  (1) when in the circuit court, the State's Attorney 
12 has been served with a written copy of the petition at 
13 least 30 days before any hearing in the circuit court and 
14 at the hearing the State's Attorney was afforded an 
15 opportunity to present evidence and object to the 
16 petition;
17  (2) the petitioner has not been convicted of a 
18 forcible felony under the laws of this State or any other 
19 jurisdiction within 20 years of the filing of the 
20 petition, or at least 20 years have passed since the end of 
21 any period of imprisonment imposed in relation to that 
22 conviction;
23  (3) the circumstances regarding a criminal conviction, 
24 where applicable, the petitioner's criminal history and 
25 his reputation are such that the petitioner will not be 
26 likely to act in a manner dangerous to public safety;
 
 
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1  (4) granting relief would not be contrary to the 
2 public interest; and
3  (5) granting relief would not be contrary to federal 
4 law. 
5 (b) Sentence.
6 Unlawful possession of firearms, other than handguns, and 
7firearm ammunition is a Class A misdemeanor. Unlawful 
8possession of handguns is a Class 4 felony. The possession of 
9each firearm or firearm ammunition in violation of this 
10Section constitutes a single and separate violation. 
11 (c) Nothing in paragraph (1) of subsection (a) of this 
12Section prohibits a person under 18 years of age from 
13participating in any lawful recreational activity with a 
14firearm such as, but not limited to, practice shooting at 
15targets upon established public or private target ranges or 
16hunting, trapping, or fishing in accordance with the Wildlife 
17Code or the Fish and Aquatic Life Code.
18(Source: P.A. 99-143, eff. 7-27-15.)

19 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
20 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 
21 (a) A person commits the offense of unlawful discharge of 
22firearm projectiles when he or she knowingly or recklessly 
23uses an armor piercing bullet, dragon's breath shotgun shell, 
24bolo shell, or flechette shell in violation of this Section.
25 For purposes of this Section:
 
 
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1 "Armor piercing bullet" means any handgun bullet or 
2handgun ammunition with projectiles or projectile cores 
3constructed entirely (excluding the presence of traces of 
4other substances) from tungsten alloys, steel, iron, brass, 
5bronze, beryllium copper or depleted uranium, or fully 
6jacketed bullets larger than 22 caliber whose jacket has a 
7weight of more than 25% of the total weight of the projectile, 
8and excluding those handgun projectiles whose cores are 
9composed of soft materials such as lead or lead alloys, zinc or 
10zinc alloys, frangible projectiles designed primarily for 
11sporting purposes, and any other projectiles or projectile 
12cores that the U. S. Secretary of the Treasury finds to be 
13primarily intended to be used for sporting purposes or 
14industrial purposes or that otherwise does not constitute 
15"armor piercing ammunition" as that term is defined by federal 
16law.
17 "Dragon's breath shotgun shell" means any shotgun shell 
18that contains exothermic pyrophoric mesh metal as the 
19projectile and is designed for the purpose of throwing or 
20spewing a flame or fireball to simulate a flame-thrower.
21 "Bolo shell" means any shell that can be fired in a firearm 
22and expels as projectiles 2 or more metal balls connected by 
23solid metal wire.
24 "Flechette shell" means any shell that can be fired in a 
25firearm and expels 2 or more pieces of fin-stabilized solid 
26metal wire or 2 or more solid dart-type projectiles.
 
 
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1 (b) A person commits a Class X felony when he or she, 
2knowing that a firearm, as defined in Section 1.1 of the 
3Firearm Owners Identification Card Act, is loaded with an 
4armor piercing bullet, dragon's breath shotgun shell, bolo 
5shell, or flechette shell, intentionally or recklessly 
6discharges such firearm and such bullet or shell strikes any 
7other person.
8 (c) Any person who possesses, concealed on or about his or 
9her person, an armor piercing bullet, dragon's breath shotgun 
10shell, bolo shell, or flechette shell and a firearm suitable 
11for the discharge thereof is guilty of a Class 2 felony.
12 (d) This Section does not apply to or affect any of the 
13following: 
14  (1) Peace officers; 
15  (2) Wardens, superintendents and keepers of prisons, 
16 penitentiaries, jails and other institutions for the 
17 detention of persons accused or convicted of an offense; 
18  (3) Members of the Armed Services or Reserve Forces of 
19 the United States or the Illinois National Guard while in 
20 the performance of their official duties; 
21  (4) Federal officials required to carry firearms, 
22 while engaged in the performance of their official duties; 
23  (5) United States Marshals, while engaged in the 
24 performance of their official duties.
25(Source: P.A. 92-423, eff. 1-1-02.)

 
 
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1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
2 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 
3 (a) It shall be unlawful for any person who holds a license 
4to sell at retail any alcoholic liquor issued by the Illinois 
5Liquor Control Commission or local liquor control commissioner 
6under the Liquor Control Act of 1934 or an agent or employee of 
7the licensee to sell or deliver to any other person a firearm 
8in or on the real property of the establishment where the 
9licensee is licensed to sell alcoholic liquors unless the sale 
10or delivery of the firearm is otherwise lawful under this 
11Article and under the Firearm Owners Identification Card Act.
12 (b) Sentence. A violation of subsection (a) of this 
13Section is a Class 4 felony.
14(Source: P.A. 87-591.)

15 (720 ILCS 5/24-3.5)
16 Sec. 24-3.5. Unlawful purchase of a firearm. 
17 (a) For purposes of this Section, "firearms transaction 
18record form" means a form: 
19  (1) executed by a transferee of a firearm stating: (i) 
20 the transferee's name and address (including county or 
21 similar political subdivision); (ii) whether the 
22 transferee is a citizen of the United States; (iii) the 
23 transferee's State of residence; and (iv) the date and 
24 place of birth, height, weight, and race of the 
25 transferee; and 
 
 
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1  (2) on which the transferee certifies that he or she 
2 is not prohibited by federal law from transporting or 
3 shipping a firearm in interstate or foreign commerce or 
4 receiving a firearm that has been shipped or transported 
5 in interstate or foreign commerce or possessing a firearm 
6 in or affecting commerce.
7 (b) A person commits the offense of unlawful purchase of a 
8firearm who knowingly purchases or attempts to purchase a 
9firearm with the intent to deliver that firearm to another 
10person who is prohibited by federal or State law from 
11possessing a firearm.
12 (c) A person commits the offense of unlawful purchase of a 
13firearm when he or she, in purchasing or attempting to 
14purchase a firearm, intentionally provides false or misleading 
15information on a United States Department of the Treasury, 
16Bureau of Alcohol, Tobacco and Firearms firearms transaction 
17record form.
18 (d) Exemption. It is not a violation of subsection (b) of 
19this Section for a person to make a gift or loan of a firearm 
20to a person who is not prohibited by federal or State law from 
21possessing a firearm if the transfer of the firearm is made in 
22accordance with Section 3 of the Firearm Owners Identification 
23Card Act.
24 (e) Sentence. 
25  (1) A person who commits the offense of unlawful 
26 purchase of a firearm: 
 
 
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1   (A) is guilty of a Class 2 felony for purchasing or 
2 attempting to purchase one firearm; 
3   (B) is guilty of a Class 1 felony for purchasing or 
4 attempting to purchase not less than 2 firearms and 
5 not more than 5 firearms at the same time or within a 
6 one year period; 
7   (C) is guilty of a Class X felony for which the 
8 offender shall be sentenced to a term of imprisonment 
9 of not less than 9 years and not more than 40 years for 
10 purchasing or attempting to purchase not less than 6 
11 firearms at the same time or within a 2 year period. 
12  (2) In addition to any other penalty that may be 
13 imposed for a violation of this Section, the court may 
14 sentence a person convicted of a violation of subsection 
15 (c) of this Section to a fine not to exceed $250,000 for 
16 each violation.
17 (f) A prosecution for unlawful purchase of a firearm may 
18be commenced within 6 years after the commission of the 
19offense. 
20(Source: P.A. 95-882, eff. 1-1-09.)

21 (720 ILCS 5/24-3B)
22 Sec. 24-3B. Firearms trafficking.
23 (a) A person commits firearms trafficking when he or she 
24is prohibited under federal or State law from possessing a 
25firearm has not been issued a currently valid Firearm Owner's 
 
 
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1Identification Card and knowingly:
2  (1) brings, or causes to be brought, into this State, 
3 a firearm or firearm ammunition for the purpose of sale, 
4 delivery, or transfer to any other person or with the 
5 intent to sell, deliver, or transfer the firearm or 
6 firearm ammunition to any other person; or
7  (2) brings, or causes to be brought, into this State, 
8 a firearm and firearm ammunition for the purpose of sale, 
9 delivery, or transfer to any other person or with the 
10 intent to sell, deliver, or transfer the firearm and 
11 firearm ammunition to any other person.
12 (a-5) (Blank). This Section does not apply to: 
13  (1) a person exempt under Section 2 of the Firearm 
14 Owners Identification Card Act from the requirement of 
15 having possession of a Firearm Owner's Identification Card 
16 previously issued in his or her name by the Illinois State 
17 Police in order to acquire or possess a firearm or firearm 
18 ammunition; 
19  (2) a common carrier under subsection (i) of Section 
20 24-2 of this Code; or 
21  (3) a non-resident who may lawfully possess a firearm 
22 in his or her resident state. 
23 (b) Sentence.
24  (1) Firearms trafficking is a Class 1 felony for which 
25 the person, if sentenced to a term of imprisonment, shall 
26 be sentenced to not less than 4 years and not more than 20 
 
 
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1 years.
2  (2) Firearms trafficking by a person who has been 
3 previously convicted of firearms trafficking, gunrunning, 
4 or a felony offense for the unlawful sale, delivery, or 
5 transfer of a firearm or firearm ammunition in this State 
6 or another jurisdiction is a Class X felony. 
7(Source: P.A. 102-538, eff. 8-20-21.)

8 (720 ILCS 5/24-4.1)
9 Sec. 24-4.1. Report of lost or stolen firearms. 
10 (a) If a person who possesses a valid Firearm Owner's 
11Identification Card and who possesses or acquires a firearm 
12thereafter loses the firearm, or if the firearm is stolen from 
13the person, the person must report the loss or theft to the 
14local law enforcement agency within 72 hours after obtaining 
15knowledge of the loss or theft.
16 (b) A law enforcement agency having jurisdiction shall 
17take a written report and shall, as soon as practical, enter 
18the firearm's serial number as stolen into the Law Enforcement 
19Agencies Data System (LEADS).
20 (c) A person shall not be in violation of this Section if:
21  (1) the failure to report is due to an act of God, act 
22 of war, or inability of a law enforcement agency to 
23 receive the report;
24  (2) the person is hospitalized, in a coma, or is 
25 otherwise seriously physically or mentally impaired as to 
 
 
SB3200- 301 -LRB103 39081 RLC 69219 b


1 prevent the person from reporting; or
2  (3) the person's designee makes a report if the person 
3 is unable to make the report. 
4 (d) Sentence. A person who violates this Section is guilty 
5of a petty offense for a first violation. A second or 
6subsequent violation of this Section is a Class A misdemeanor.
7(Source: P.A. 98-508, eff. 8-19-13.)

8 (720 ILCS 5/24-4.5 new)
9 Sec. 24-4.5. Dial-up system.
10 (a) The Illinois State Police shall provide a dial-up 
11telephone system or use other existing technology which shall 
12be used by any federally licensed firearm dealer, gun show 
13promoter, or gun show vendor who is to transfer a firearm, stun 
14gun, or taser under the provisions of this Code. The Illinois 
15State Police may use existing technology which allows the 
16caller to be charged a fee not to exceed $2. Fees collected by 
17the Illinois State Police shall be deposited in the State 
18Police Services Fund and used to provide the service.
19 (b) Upon receiving a request from a federally licensed 
20firearm dealer, gun show promoter, or gun show vendor, the 
21Illinois State Police shall immediately approve, or, within 
22the time period established by Section 24-3 of this Code 
23regarding the delivery of firearms, stun guns, and tasers, 
24notify the inquiring dealer, gun show promoter, or gun show 
25vendor of any objection that would disqualify the transferee 
 
 
SB3200- 302 -LRB103 39081 RLC 69219 b


1from acquiring or possessing a firearm, stun gun, or taser. In 
2conducting the inquiry, the Illinois State Police shall 
3initiate and complete an automated search of its criminal 
4history record information files and those of the Federal 
5Bureau of Investigation, including the National Instant 
6Criminal Background Check System, and of the files of the 
7Department of Human Services relating to mental health and 
8developmental disabilities to obtain any felony conviction or 
9patient hospitalization information which would disqualify a 
10person from obtaining a firearm.
11 (c) If receipt of a firearm would not violate Section 24-3 
12of this Code or federal law, the Illinois State Police shall: 
13  (1) assign a unique identification number to the 
14 transfer; and
15  (2) provide the licensee, gun show promoter, or gun 
16 show vendor with the number.
17 (d) Approvals issued by the Illinois State Police for the 
18purchase of a firearm are valid for 30 days from the date of 
19issue. 
20 (e)(1) The Illinois State Police must act as the Illinois 
21Point of Contact for the National Instant Criminal Background 
22Check System.
23 (2) The Illinois State Police and the Department of Human 
24Services shall, in accordance with State and federal law 
25regarding confidentiality, enter into a memorandum of 
26understanding with the Federal Bureau of Investigation for the 
 
 
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1purpose of implementing the National Instant Criminal 
2Background Check System in the State. The Department of State 
3Police shall report the name, date of birth, and physical 
4description of any person prohibited from possessing a firearm 
5under this Code or 18 U.S.C. 922(g) and (n) to the National 
6Instant Criminal Background Check System Index, Denied Persons 
7Files.
8 (f) The Illinois State Police shall adopt rules not 
9inconsistent with this Section to implement this system. 

10 (720 ILCS 5/24-5.1)
11 Sec. 24-5.1. Serialization of unfinished frames or 
12receivers; prohibition on unserialized firearms; exceptions; 
13penalties.
14 (a) In this Section:
15 "Bona fide supplier" means an established business entity 
16engaged in the development and sale of firearms parts to one or 
17more federal firearms manufacturers or federal firearms 
18importers. 
19 "Federal firearms dealer" means a licensed manufacturer 
20pursuant to 18 U.S.C. 921(a)(11).
21 "Federal firearms importer" means a licensed importer 
22pursuant to 18 U.S.C. 921(a)(9).
23 "Federal firearms manufacturer" means a licensed 
24manufacturer pursuant to 18 U.S.C. 921(a)(10).
25 "Frame or receiver" means a part of a firearm that, when 
 
 
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1the complete weapon is assembled, is visible from the exterior 
2and provides housing or a structure designed to hold or 
3integrate one or more fire control components, even if pins or 
4other attachments are required to connect those components to 
5the housing or structure. For models of firearms in which 
6multiple parts provide such housing or structure, the part or 
7parts that the Director of the federal Bureau of Alcohol, 
8Tobacco, Firearms and Explosives has determined are a frame or 
9receiver constitute the frame or receiver. For purposes of 
10this definition, "fire control component" means a component 
11necessary for the firearm to initiate, complete, or continue 
12the firing sequence, including any of the following: hammer, 
13bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
14firing pin, striker, or slide rails.
15 "Security exemplar" means an object to be fabricated at 
16the direction of the United States Attorney General that is 
17(1) constructed of 3.7 ounces of material type 17-4 PH 
18stainless steel in a shape resembling a handgun and (2) 
19suitable for testing and calibrating metal detectors. 
20 "Three-dimensional printer" means a computer or 
21computer-drive machine capable of producing a 
22three-dimensional object from a digital model.
23 "Undetectable firearm" means (1) a firearm constructed 
24entirely of non-metal substances; (2) a firearm that, after 
25removal of all parts but the major components of the firearm, 
26is not detectable by walk-through metal detectors calibrated 
 
 
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1and operated to detect the security exemplar; or (3) a firearm 
2that includes a major component of a firearm, which, if 
3subject to the types of detection devices commonly used at 
4airports for security screening, would not generate an image 
5that accurately depicts the shape of the component. 
6"Undetectable firearm" does not include a firearm subject to 
7the provisions of 18 U.S.C. 922(p)(3) through (6). 
8 "Unfinished frame or receiver" means any forging, casting, 
9printing, extrusion, machined body, or similar article that:
10  (1) has reached a stage in manufacture where it may 
11 readily be completed, assembled, or converted to be a 
12 functional firearm; or
13  (2) is marketed or sold to the public to become or be 
14 used as the frame or receiver of a functional firearm once 
15 completed, assembled, or converted.
16 "Unserialized" means lacking a serial number imprinted by:
17  (1) a federal firearms manufacturer, federal firearms 
18 importer, federal firearms dealer, or other federal 
19 licensee authorized to provide marking services, pursuant 
20 to a requirement under federal law; or
21  (2) a federal firearms dealer or other federal 
22 licensee authorized to provide marking services pursuant 
23 to subsection (f) of this Section. 
24 (b) It is unlawful for any person to knowingly sell, offer 
25to sell, or transfer an unserialized unfinished frame or 
26receiver or unserialized firearm, including those produced 
 
 
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1using a three-dimensional printer, unless the party purchasing 
2or receiving the unfinished frame or receiver or unserialized 
3firearm is a federal firearms importer, federal firearms 
4manufacturer, or federal firearms dealer.
5 (c) Beginning 180 days after May 18, 2022 (the effective 
6date of Public Act 102-889) this amendatory Act of the 102nd 
7General Assembly, it is unlawful for any person to knowingly 
8possess, transport, or receive an unfinished frame or 
9receiver, unless:
10  (1) the party possessing or receiving the unfinished 
11 frame or receiver is a federal firearms importer or 
12 federal firearms manufacturer;
13  (2) the unfinished frame or receiver is possessed or 
14 transported by a person for transfer to a federal firearms 
15 importer or federal firearms manufacturer; or
16  (3) the unfinished frame or receiver has been 
17 imprinted with a serial number issued by a federal 
18 firearms importer or federal firearms manufacturer in 
19 compliance with subsection (f) of this Section. 
20 (d) Beginning 180 days after May 18, 2022 (the effective 
21date of Public Act 102-889) this amendatory Act of the 102nd 
22General Assembly, unless the party receiving the firearm is a 
23federal firearms importer or federal firearms manufacturer, it 
24is unlawful for any person to knowingly possess, purchase, 
25transport, or receive a firearm that is not imprinted with a 
26serial number by (1) a federal firearms importer or federal 
 
 
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1firearms manufacturer in compliance with all federal laws and 
2regulations regulating the manufacture and import of firearms 
3or (2) a federal firearms manufacturer, federal firearms 
4dealer, or other federal licensee authorized to provide 
5marking services in compliance with the unserialized firearm 
6serialization process under subsection (f) of this Section. 
7 (e) Any firearm or unfinished frame or receiver 
8manufactured using a three-dimensional printer must also be 
9serialized in accordance with the requirements of subsection 
10(f) within 30 days after May 18, 2022 (the effective date of 
11Public Act 102-889) this amendatory Act of the 102nd General 
12Assembly, or prior to reaching a stage of manufacture where it 
13may be readily completed, assembled, or converted to be a 
14functional firearm.
15 (f) Unserialized unfinished frames or receivers and 
16unserialized firearms serialized pursuant to this Section 
17shall be serialized in compliance with all of the following:
18  (1) An unserialized unfinished frame or receiver and 
19 unserialized firearm shall be serialized by a federally 
20 licensed firearms dealer or other federal licensee 
21 authorized to provide marking services with the licensee's 
22 abbreviated federal firearms license number as a prefix 
23 (which is the first 3 and last 5 digits) followed by a 
24 hyphen, and then followed by a number as a suffix, such as 
25 12345678-(number). The serial number or numbers must be 
26 placed in a manner that accords with the requirements 
 
 
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1 under federal law for affixing serial numbers to firearms, 
2 including the requirements that the serial number or 
3 numbers be at the minimum size and depth, and not 
4 susceptible to being readily obliterated, altered, or 
5 removed, and the licensee must retain records that accord 
6 with the requirements under federal law in the case of the 
7 sale of a firearm. The imprinting of any serial number 
8 upon an a undetectable firearm must be done on a steel 
9 plaque in compliance with 18 U.S.C. 922(p).
10  (2) Every federally licensed firearms dealer or other 
11 federal licensee that engraves, casts, stamps, or 
12 otherwise conspicuously and permanently places a unique 
13 serial number pursuant to this Section shall maintain a 
14 record of such indefinitely. Licensees subject to the 
15 Firearm Dealer License Certification Act shall make all 
16 records accessible for inspection upon the request of the 
17 Illinois State Police or a law enforcement agency in 
18 accordance with Section 5-35 of the Firearm Dealer License 
19 Certification Act.
20  (3) Every federally licensed firearms dealer or other 
21 federal licensee that engraves, casts, stamps, or 
22 otherwise conspicuously and permanently places a unique 
23 serial number pursuant to this Section shall record it at 
24 the time of every transaction involving the transfer of a 
25 firearm, rifle, shotgun, finished frame or receiver, or 
26 unfinished frame or receiver that has been so marked in 
 
 
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1 compliance with the federal guidelines set forth in 27 CFR 
2 478.124.
3  (4) (Blank). Every federally licensed firearms dealer 
4 or other federal licensee that engraves, casts, stamps, or 
5 otherwise conspicuously and permanently places a unique 
6 serial number pursuant to this Section shall review and 
7 confirm the validity of the owner's Firearm Owner's 
8 Identification Card issued under the Firearm Owners 
9 Identification Card Act prior to returning the firearm to 
10 the owner.
11 (g) Within 30 days after May 18, 2022 (the effective date 
12of Public Act 102-889) this amendatory Act of the 102nd 
13General Assembly, the Director of the Illinois State Police 
14shall issue a public notice regarding the provisions of this 
15Section. The notice shall include posting on the Illinois 
16State Police website and may include written notification or 
17any other means of communication statewide to all 
18Illinois-based federal firearms manufacturers, federal 
19firearms dealers, or other federal licensees authorized to 
20provide marking services in compliance with the serialization 
21process in subsection (f) in order to educate the public.
22 (h) Exceptions. This Section does not apply to an 
23unserialized unfinished frame or receiver or an unserialized 
24firearm that:
25  (1) has been rendered permanently inoperable;
26  (2) is an antique firearm, as defined in 18 U.S.C. 
 
 
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1 921(a)(16);
2  (3) was manufactured prior to October 22, 1968;
3  (4) is an unfinished frame or receiver and is 
4 possessed by a bona fide supplier exclusively for transfer 
5 to a federal firearms manufacturer or federal firearms 
6 importer, or is possessed by a federal firearms 
7 manufacturer or federal firearms importer in compliance 
8 with all federal laws and regulations regulating the 
9 manufacture and import of firearms; except this exemption 
10 does not apply if an unfinished frame or receiver is 
11 possessed for transfer or is transferred to a person other 
12 than a federal firearms manufacturer or federal firearms 
13 importer; or 
14  (5) is possessed by a person who received the 
15 unserialized unfinished frame or receiver or unserialized 
16 firearm through inheritance, and is not otherwise 
17 prohibited from possessing the unserialized unfinished 
18 frame or receiver or unserialized firearm, for a period 
19 not exceeding 30 days after inheriting the unserialized 
20 unfinished frame or receiver or unserialized firearm. 
21 (i) Penalties.
22  (1) A person who violates subsection (c) or (d) is 
23 guilty of a Class A misdemeanor for a first violation and 
24 is guilty of a Class 3 felony for a second or subsequent 
25 violation.
26  (2) A person who violates subsection (b) is guilty of 
 
 
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1 a Class 4 felony for a first violation and is guilty of a 
2 Class 2 felony for a second or subsequent violation.
3(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)

4 (720 ILCS 5/24-9)
5 Sec. 24-9. Firearms; Child Protection. 
6 (a) Except as provided in subsection (c), it is unlawful 
7for any person to store or leave, within premises under his or 
8her control, a firearm if the person knows or has reason to 
9believe that a minor under the age of 14 years who does not 
10have a Firearm Owners Identification Card is likely to gain 
11access to the firearm without the lawful permission of the 
12person possessing the firearm, minor's parent, guardian, or 
13person having charge of the minor, and the minor causes death 
14or great bodily harm with the firearm, unless the firearm is: 
15  (1) secured by a device or mechanism, other than the 
16 firearm safety, designed to render a firearm temporarily 
17 inoperable; or 
18  (2) placed in a securely locked box or container; or 
19  (3) placed in some other location that a reasonable 
20 person would believe to be secure from a minor under the 
21 age of 14 years.
22 (b) Sentence. A person who violates this Section is guilty 
23of a Class C misdemeanor and shall be fined not less than 
24$1,000. A second or subsequent violation of this Section is a 
25Class A misdemeanor.
 
 
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1 (c) Subsection (a) does not apply: 
2  (1) if the minor under 14 years of age gains access to 
3 a firearm and uses it in a lawful act of self-defense or 
4 defense of another; or 
5  (2) to any firearm obtained by a minor under the age of 
6 14 because of an unlawful entry of the premises by the 
7 minor or another person.
8 (d) (Blank). For the purposes of this Section, "firearm" 
9has the meaning ascribed to it in Section 1.1 of the Firearm 
10Owners Identification Card Act.
11(Source: P.A. 91-18, eff. 1-1-00.)

12 Section 165. The Methamphetamine Control and Community 
13Protection Act is amended by changing Section 10 as follows:

14 (720 ILCS 646/10)
15 Sec. 10. Definitions. As used in this Act:
16 "Anhydrous ammonia" has the meaning provided in subsection 
17(d) of Section 3 of the Illinois Fertilizer Act of 1961. 
18 "Anhydrous ammonia equipment" means all items used to 
19store, hold, contain, handle, transfer, transport, or apply 
20anhydrous ammonia for lawful purposes. 
21 "Booby trap" means any device designed to cause physical 
22injury when triggered by an act of a person approaching, 
23entering, or moving through a structure, a vehicle, or any 
24location where methamphetamine has been manufactured, is being 
 
 
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1manufactured, or is intended to be manufactured. 
2 "Deliver" or "delivery" has the meaning provided in 
3subsection (h) of Section 102 of the Illinois Controlled 
4Substances Act. 
5 "Director" means the Director of the Illinois State Police 
6or the Director's designated agents. 
7 "Dispose" or "disposal" means to abandon, discharge, 
8release, deposit, inject, dump, spill, leak, or place 
9methamphetamine waste onto or into any land, water, or well of 
10any type so that the waste has the potential to enter the 
11environment, be emitted into the air, or be discharged into 
12the soil or any waters, including groundwater. 
13 "Emergency response" means the act of collecting evidence 
14from or securing a methamphetamine laboratory site, 
15methamphetamine waste site or other methamphetamine-related 
16site and cleaning up the site, whether these actions are 
17performed by public entities or private contractors paid by 
18public entities. 
19 "Emergency service provider" means a local, State, or 
20federal peace officer, firefighter, emergency medical 
21technician-ambulance, emergency medical 
22technician-intermediate, emergency medical 
23technician-paramedic, ambulance driver, or other medical or 
24first aid personnel rendering aid, or any agent or designee of 
25the foregoing. 
26 "Finished methamphetamine" means methamphetamine in a form 
 
 
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1commonly used for personal consumption.
2 "Firearm" has the meaning provided in Section 2-7.5 of the 
3Criminal Code of 2012 1.1 of the Firearm Owners Identification 
4Card Act. 
5 "Manufacture" means to produce, prepare, compound, 
6convert, process, synthesize, concentrate, purify, separate, 
7extract, or package any methamphetamine, methamphetamine 
8precursor, methamphetamine manufacturing catalyst, 
9methamphetamine manufacturing reagent, methamphetamine 
10manufacturing solvent, or any substance containing any of the 
11foregoing. 
12 "Methamphetamine" means the chemical methamphetamine (a 
13Schedule II controlled substance under the Illinois Controlled 
14Substances Act) or any salt, optical isomer, salt of optical 
15isomer, or analog thereof, with the exception of 
163,4-Methylenedioxymethamphetamine (MDMA) or any other 
17scheduled substance with a separate listing under the Illinois 
18Controlled Substances Act.
19 "Methamphetamine manufacturing catalyst" means any 
20substance that has been used, is being used, or is intended to 
21be used to activate, accelerate, extend, or improve a chemical 
22reaction involved in the manufacture of methamphetamine. 
23 "Methamphetamine manufacturing environment" means a 
24structure or vehicle in which: 
25  (1) methamphetamine is being or has been manufactured; 
26  (2) chemicals that are being used, have been used, or 
 
 
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1 are intended to be used to manufacture methamphetamine are 
2 stored; 
3  (3) methamphetamine manufacturing materials that have 
4 been used to manufacture methamphetamine are stored; or 
5  (4) methamphetamine manufacturing waste is stored. 
6 "Methamphetamine manufacturing material" means any 
7methamphetamine precursor, substance containing any 
8methamphetamine precursor, methamphetamine manufacturing 
9catalyst, substance containing any methamphetamine 
10manufacturing catalyst, methamphetamine manufacturing 
11reagent, substance containing any methamphetamine 
12manufacturing reagent, methamphetamine manufacturing solvent, 
13substance containing any methamphetamine manufacturing 
14solvent, or any other chemical, substance, ingredient, 
15equipment, apparatus, or item that is being used, has been 
16used, or is intended to be used in the manufacture of 
17methamphetamine. 
18 "Methamphetamine manufacturing reagent" means any 
19substance other than a methamphetamine manufacturing catalyst 
20that has been used, is being used, or is intended to be used to 
21react with and chemically alter any methamphetamine precursor.
22 "Methamphetamine manufacturing solvent" means any 
23substance that has been used, is being used, or is intended to 
24be used as a medium in which any methamphetamine precursor, 
25methamphetamine manufacturing catalyst, methamphetamine 
26manufacturing reagent, or any substance containing any of the 
 
 
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1foregoing is dissolved, diluted, or washed during any part of 
2the methamphetamine manufacturing process. 
3 "Methamphetamine manufacturing waste" means any chemical, 
4substance, ingredient, equipment, apparatus, or item that is 
5left over from, results from, or is produced by the process of 
6manufacturing methamphetamine, other than finished 
7methamphetamine. 
8 "Methamphetamine precursor" means ephedrine, 
9pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
10phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
11isomer, or salt of an optical isomer of any of these chemicals. 
12 "Multi-unit dwelling" means a unified structure used or 
13intended for use as a habitation, home, or residence that 
14contains 2 or more condominiums, apartments, hotel rooms, 
15motel rooms, or other living units. 
16 "Package" means an item marked for retail sale that is not 
17designed to be further broken down or subdivided for the 
18purpose of retail sale. 
19 "Participate" or "participation" in the manufacture of 
20methamphetamine means to produce, prepare, compound, convert, 
21process, synthesize, concentrate, purify, separate, extract, 
22or package any methamphetamine, methamphetamine precursor, 
23methamphetamine manufacturing catalyst, methamphetamine 
24manufacturing reagent, methamphetamine manufacturing solvent, 
25or any substance containing any of the foregoing, or to assist 
26in any of these actions, or to attempt to take any of these 
 
 
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1actions, regardless of whether this action or these actions 
2result in the production of finished methamphetamine. 
3 "Person with a disability" means a person who suffers from 
4a permanent physical or mental impairment resulting from 
5disease, injury, functional disorder, or congenital condition 
6which renders the person incapable of adequately providing for 
7his or her own health and personal care. 
8 "Procure" means to purchase, steal, gather, or otherwise 
9obtain, by legal or illegal means, or to cause another to take 
10such action. 
11 "Second or subsequent offense" means an offense under this 
12Act committed by an offender who previously committed an 
13offense under this Act, the Illinois Controlled Substances 
14Act, the Cannabis Control Act, or another Act of this State, 
15another state, or the United States relating to 
16methamphetamine, cannabis, or any other controlled substance. 
17 "Standard dosage form", as used in relation to any 
18methamphetamine precursor, means that the methamphetamine 
19precursor is contained in a pill, tablet, capsule, caplet, gel 
20cap, or liquid cap that has been manufactured by a lawful 
21entity and contains a standard quantity of methamphetamine 
22precursor. 
23 "Unauthorized container", as used in relation to anhydrous 
24ammonia, means any container that is not designed for the 
25specific and sole purpose of holding, storing, transporting, 
26or applying anhydrous ammonia. "Unauthorized container" 
 
 
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1includes, but is not limited to, any propane tank, fire 
2extinguisher, oxygen cylinder, gasoline can, food or beverage 
3cooler, or compressed gas cylinder used in dispensing fountain 
4drinks. "Unauthorized container" does not encompass anhydrous 
5ammonia manufacturing plants, refrigeration systems where 
6anhydrous ammonia is used solely as a refrigerant, anhydrous 
7ammonia transportation pipelines, anhydrous ammonia tankers, 
8or anhydrous ammonia barges. 
9(Source: P.A. 102-538, eff. 8-20-21.)

10 Section 170. The Code of Criminal Procedure of 1963 is 
11amended by changing Sections 102-7.1, 110-10, 112A-5.5, 
12112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as 
13follows:

14 (725 ILCS 5/102-7.1)
15 Sec. 102-7.1. "Category A offense". "Category A offense" 
16means a Class 1 felony, Class 2 felony, Class X felony, first 
17degree murder, a violation of Section 11-204 of the Illinois 
18Vehicle Code, a second or subsequent violation of Section 
1911-501 of the Illinois Vehicle Code, a violation of subsection 
20(d) of Section 11-501 of the Illinois Vehicle Code, a 
21violation of Section 11-401 of the Illinois Vehicle Code if 
22the crash results in injury and the person failed to report the 
23crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
2410-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
 
 
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112-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
212-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
325-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
4subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
5of 2012, a violation of paragraph (5) or (6) of subsection (b) 
6of Section 10-9 of the Criminal Code of 2012, a violation of 
7subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
8of Section 11-1.50 of the Criminal Code of 2012, a violation of 
9Section 12-7 of the Criminal Code of 2012 if the defendant 
10inflicts bodily harm on the victim to obtain a confession, 
11statement, or information, a violation of Section 12-7.5 of 
12the Criminal Code of 2012 if the action results in bodily harm, 
13a violation of paragraph (3) of subsection (b) of Section 17-2 
14of the Criminal Code of 2012, a violation of subdivision 
15(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
16violation of paragraph (6) of subsection (a) of Section 24-1 
17of the Criminal Code of 2012, a first violation of Section 
1824-1.6 of the Criminal Code of 2012 by a person 18 years of age 
19or older where the factors listed in both items (A) and (C) or 
20both items (A-5) and (C) of paragraph (3) of subsection (a) of 
21Section 24-1.6 of the Criminal Code of 2012 are present, a 
22Class 3 felony violation of paragraph (1) of subsection (a) of 
23Section 2 of the Firearm Owners Identification Card Act 
24committed before the effective date of this amendatory Act of 
25the 103rd General Assembly, or a violation of Section 10 of the 
26Sex Offender Registration Act. 
 
 
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1(Source: P.A. 102-982, eff. 7-1-23.)

2 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
3 Sec. 110-10. Conditions of pretrial release. 
4 (a) If a person is released prior to conviction, the 
5conditions of pretrial release shall be that he or she will:
6  (1) Appear to answer the charge in the court having 
7 jurisdiction on a day certain and thereafter as ordered by 
8 the court until discharged or final order of the court;
9  (2) Submit himself or herself to the orders and 
10 process of the court;
11  (3) (Blank);
12  (4) Not violate any criminal statute of any 
13 jurisdiction;
14  (5) At a time and place designated by the court, 
15 surrender all firearms in his or her possession to a law 
16 enforcement officer designated by the court to take 
17 custody of and impound the firearms and physically 
18 surrender his or her Firearm Owner's Identification Card 
19 to the clerk of the circuit court when the offense the 
20 person has been charged with is a forcible felony, 
21 stalking, aggravated stalking, domestic battery, any 
22 violation of the Illinois Controlled Substances Act, the 
23 Methamphetamine Control and Community Protection Act, or 
24 the Cannabis Control Act that is classified as a Class 2 or 
25 greater felony, or any felony violation of Article 24 of 
 
 
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1 the Criminal Code of 1961 or the Criminal Code of 2012; the 
2 court may, however, forgo the imposition of this condition 
3 when the circumstances of the case clearly do not warrant 
4 it or when its imposition would be impractical; if the 
5 Firearm Owner's Identification Card is confiscated, the 
6 clerk of the circuit court shall mail the confiscated card 
7 to the Illinois State Police; all legally possessed 
8 firearms shall be returned to the person upon the charges 
9 being dismissed, or if the person is found not guilty, 
10 unless the finding of not guilty is by reason of insanity; 
11 and
12  (6) At a time and place designated by the court, 
13 submit to a psychological evaluation when the person has 
14 been charged with a violation of item (4) of subsection 
15 (a) of Section 24-1 of the Criminal Code of 1961 or the 
16 Criminal Code of 2012 and that violation occurred in a 
17 school or in any conveyance owned, leased, or contracted 
18 by a school to transport students to or from school or a 
19 school-related activity, or on any public way within 1,000 
20 feet of real property comprising any school.
21 Psychological evaluations ordered pursuant to this Section 
22shall be completed promptly and made available to the State, 
23the defendant, and the court. As a further condition of 
24pretrial release under these circumstances, the court shall 
25order the defendant to refrain from entering upon the property 
26of the school, including any conveyance owned, leased, or 
 
 
SB3200- 322 -LRB103 39081 RLC 69219 b


1contracted by a school to transport students to or from school 
2or a school-related activity, or on any public way within 
31,000 feet of real property comprising any school. Upon 
4receipt of the psychological evaluation, either the State or 
5the defendant may request a change in the conditions of 
6pretrial release, pursuant to Section 110-6 of this Code. The 
7court may change the conditions of pretrial release to include 
8a requirement that the defendant follow the recommendations of 
9the psychological evaluation, including undergoing psychiatric 
10treatment. The conclusions of the psychological evaluation and 
11any statements elicited from the defendant during its 
12administration are not admissible as evidence of guilt during 
13the course of any trial on the charged offense, unless the 
14defendant places his or her mental competency in issue.
15 (b) Additional conditions of release shall be set only 
16when it is determined that they are necessary to ensure the 
17defendant's appearance in court, ensure the defendant does not 
18commit any criminal offense, ensure the defendant complies 
19with all conditions of pretrial release, prevent the 
20defendant's unlawful interference with the orderly 
21administration of justice, or ensure compliance with the rules 
22and procedures of problem solving courts. However, conditions 
23shall include the least restrictive means and be 
24individualized. Conditions shall not mandate rehabilitative 
25services unless directly tied to the risk of pretrial 
26misconduct. Conditions of supervision shall not include 
 
 
SB3200- 323 -LRB103 39081 RLC 69219 b


1punitive measures such as community service work or 
2restitution. Conditions may include the following:
3  (0.05) Not depart this State without leave of the 
4 court; 
5  (1) Report to or appear in person before such person 
6 or agency as the court may direct;
7  (2) Refrain from possessing a firearm or other 
8 dangerous weapon;
9  (3) Refrain from approaching or communicating with 
10 particular persons or classes of persons;
11  (4) Refrain from going to certain described geographic 
12 areas or premises;
13  (5) Be placed under direct supervision of the Pretrial 
14 Services Agency, Probation Department or Court Services 
15 Department in a pretrial home supervision capacity with or 
16 without the use of an approved electronic monitoring 
17 device subject to Article 8A of Chapter V of the Unified 
18 Code of Corrections;
19  (6) For persons charged with violating Section 11-501 
20 of the Illinois Vehicle Code, refrain from operating a 
21 motor vehicle not equipped with an ignition interlock 
22 device, as defined in Section 1-129.1 of the Illinois 
23 Vehicle Code, pursuant to the rules promulgated by the 
24 Secretary of State for the installation of ignition 
25 interlock devices. Under this condition the court may 
26 allow a defendant who is not self-employed to operate a 
 
 
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1 vehicle owned by the defendant's employer that is not 
2 equipped with an ignition interlock device in the course 
3 and scope of the defendant's employment;
4  (7) Comply with the terms and conditions of an order 
5 of protection issued by the court under the Illinois 
6 Domestic Violence Act of 1986 or an order of protection 
7 issued by the court of another state, tribe, or United 
8 States territory;
9  (8) Sign a written admonishment requiring that he or 
10 she comply with the provisions of Section 110-12 regarding 
11 any change in his or her address. The defendant's address 
12 shall at all times remain a matter of record with the clerk 
13 of the court; and
14  (9) Such other reasonable conditions as the court may 
15 impose, so long as these conditions are the least 
16 restrictive means to achieve the goals listed in 
17 subsection (b), are individualized, and are in accordance 
18 with national best practices as detailed in the Pretrial 
19 Supervision Standards of the Supreme Court.
20 The defendant shall receive verbal and written 
21notification of conditions of pretrial release and future 
22court dates, including the date, time, and location of court. 
23 (c) When a person is charged with an offense under Section 
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
26Criminal Code of 2012, involving a victim who is a minor under 
 
 
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118 years of age living in the same household with the defendant 
2at the time of the offense, in releasing the defendant, the 
3judge shall impose conditions to restrict the defendant's 
4access to the victim which may include, but are not limited to 
5conditions that he will:
6  1. Vacate the household.
7  2. Make payment of temporary support to his 
8 dependents.
9  3. Refrain from contact or communication with the 
10 child victim, except as ordered by the court.
11 (d) When a person is charged with a criminal offense and 
12the victim is a family or household member as defined in 
13Article 112A, conditions shall be imposed at the time of the 
14defendant's release that restrict the defendant's access to 
15the victim. Unless provided otherwise by the court, the 
16restrictions shall include requirements that the defendant do 
17the following:
18  (1) refrain from contact or communication with the 
19 victim for a minimum period of 72 hours following the 
20 defendant's release; and
21  (2) refrain from entering or remaining at the victim's 
22 residence for a minimum period of 72 hours following the 
23 defendant's release.
24 (e) Local law enforcement agencies shall develop 
25standardized pretrial release forms for use in cases involving 
26family or household members as defined in Article 112A, 
 
 
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1including specific conditions of pretrial release as provided 
2in subsection (d). Failure of any law enforcement department 
3to develop or use those forms shall in no way limit the 
4applicability and enforcement of subsections (d) and (f).
5 (f) If the defendant is released after conviction 
6following appeal or other post-conviction proceeding, the 
7conditions of the pretrial release shall be that he will, in 
8addition to the conditions set forth in subsections (a) and 
9(b) hereof:
10  (1) Duly prosecute his appeal;
11  (2) Appear at such time and place as the court may 
12 direct;
13  (3) Not depart this State without leave of the court;
14  (4) Comply with such other reasonable conditions as 
15 the court may impose; and
16  (5) If the judgment is affirmed or the cause reversed 
17 and remanded for a new trial, forthwith surrender to the 
18 officer from whose custody he was released.
19 (g) Upon a finding of guilty for any felony offense, the 
20defendant shall physically surrender, at a time and place 
21designated by the court, any and all firearms in his or her 
22possession and his or her Firearm Owner's Identification Card 
23as a condition of being released pending sentencing.
24(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
25102-1104, eff. 1-1-23.)

 
 
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1 (725 ILCS 5/112A-5.5)
2 Sec. 112A-5.5. Time for filing petition; service on 
3respondent, hearing on petition, and default orders. 
4 (a) A petition for a protective order may be filed at any 
5time, in person or online, after a criminal charge or 
6delinquency petition is filed and before the charge or 
7delinquency petition is dismissed, the defendant or juvenile 
8is acquitted, or the defendant or juvenile completes service 
9of his or her sentence.
10 (b) The request for an ex parte protective order may be 
11considered without notice to the respondent under Section 
12112A-17.5 of this Code.
13 (c) A summons shall be issued and served for a protective 
14order. The summons may be served by delivery to the respondent 
15personally in open court in the criminal or juvenile 
16delinquency proceeding, in the form prescribed by subsection 
17(d) of Supreme Court Rule 101, except that it shall require the 
18respondent to answer or appear within 7 days. Attachments to 
19the summons shall include the petition for protective order, 
20supporting affidavits, if any, and any ex parte protective 
21order that has been issued.
22 (d) The summons shall be served by the sheriff or other law 
23enforcement officer at the earliest time available and shall 
24take precedence over any other summons, except those of a 
25similar emergency nature. Attachments to the summons shall 
26include the petition for protective order, supporting 
 
 
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1affidavits, if any, and any ex parte protective order that has 
2been issued. Special process servers may be appointed at any 
3time and their designation shall not affect the 
4responsibilities and authority of the sheriff or other 
5official process servers. In a county with a population over 
63,000,000, a special process server may not be appointed if 
7the protective order grants the surrender of a child, the 
8surrender of a firearm or Firearm Owner's Identification Card, 
9or the exclusive possession of a shared residence.
10 (e) If the respondent is not served within 30 days of the 
11filing of the petition, the court shall schedule a court 
12proceeding on the issue of service. Either the petitioner, the 
13petitioner's counsel, or the State's Attorney shall appear and 
14the court shall either order continued attempts at personal 
15service or shall order service by publication, in accordance 
16with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
17Procedure.
18 (f) The request for a final protective order can be 
19considered at any court proceeding in the delinquency or 
20criminal case after service of the petition. If the petitioner 
21has not been provided notice of the court proceeding at least 
2210 days in advance of the proceeding, the court shall schedule 
23a hearing on the petition and provide notice to the 
24petitioner.
25 (f-5) A court in a county with a population above 250,000 
26shall offer the option of a remote hearing to a petitioner for 
 
 
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1a protective order. The court has the discretion to grant or 
2deny the request for a remote hearing. Each court shall 
3determine the procedure for a remote hearing. The petitioner 
4and respondent may appear remotely or in person.
5 The court shall issue and publish a court order, standing 
6order, or local rule detailing information about the process 
7for requesting and participating in a remote court appearance. 
8The court order, standing order, or local rule shall be 
9published on the court's website and posted on signs 
10throughout the courthouse, including in the clerk's office. 
11The sign shall be written in plain language and include 
12information about the availability of remote court appearances 
13and the process for requesting a remote hearing. 
14 (g) Default orders.
15  (1) A final domestic violence order of protection may 
16 be entered by default:
17   (A) for any of the remedies sought in the 
18 petition, if the respondent has been served with 
19 documents under subsection (b) or (c) of this Section 
20 and if the respondent fails to appear on the specified 
21 return date or any subsequent hearing date agreed to 
22 by the petitioner and respondent or set by the court; 
23 or
24   (B) for any of the remedies provided under 
25 paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
26 (10), (11), (14), (15), (17), or (18) of subsection 
 
 
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1 (b) of Section 112A-14 of this Code, or if the 
2 respondent fails to answer or appear in accordance 
3 with the date set in the publication notice or the 
4 return date indicated on the service of a household 
5 member.
6  (2) A final civil no contact order may be entered by 
7 default for any of the remedies provided in Section 
8 112A-14.5 of this Code, if the respondent has been served 
9 with documents under subsection (b) or (c) of this 
10 Section, and if the respondent fails to answer or appear 
11 in accordance with the date set in the publication notice 
12 or the return date indicated on the service of a household 
13 member.
14  (3) A final stalking no contact order may be entered 
15 by default for any of the remedies provided by Section 
16 112A-14.7 of this Code, if the respondent has been served 
17 with documents under subsection (b) or (c) of this Section 
18 and if the respondent fails to answer or appear in 
19 accordance with the date set in the publication notice or 
20 the return date indicated on the service of a household 
21 member. 
22(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

23 (725 ILCS 5/112A-11.1)
24 Sec. 112A-11.1. Procedure for determining whether certain 
25misdemeanor crimes are crimes of domestic violence for 
 
 
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1purposes of federal law.
2 (a) When a defendant has been charged with a violation of 
3Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
4Criminal Code of 1961 or the Criminal Code of 2012, the State 
5may, at arraignment or no later than 45 days after 
6arraignment, for the purpose of notification to the Illinois 
7State Police Firearm Owner's Identification Card Office, serve 
8on the defendant and file with the court a notice alleging that 
9conviction of the offense would subject the defendant to the 
10prohibitions of 18 U.S.C. 922(g)(9) because of the 
11relationship between the defendant and the alleged victim and 
12the nature of the alleged offense.
13 (b) The notice shall include the name of the person 
14alleged to be the victim of the crime and shall specify the 
15nature of the alleged relationship as set forth in 18 U.S.C. 
16921(a)(33)(A)(ii). It shall also specify the element of the 
17charged offense which requires the use or attempted use of 
18physical force, or the threatened use of a deadly weapon, as 
19set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
20notice that the defendant is entitled to a hearing on the 
21allegation contained in the notice and that if the allegation 
22is sustained, that determination and conviction shall be 
23reported to the Illinois State Police Firearm Owner's 
24Identification Card Office.
25 (c) After having been notified as provided in subsection 
26(b) of this Section, the defendant may stipulate or admit, 
 
 
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1orally on the record or in writing, that conviction of the 
2offense would subject the defendant to the prohibitions of 18 
3U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
4922(g)(9) shall be deemed established for purposes of Section 
5112A-11.2. If the defendant denies the applicability of 18 
6U.S.C. 922(g)(9) as alleged in the notice served by the State, 
7or stands mute with respect to that allegation, then the State 
8shall bear the burden to prove beyond a reasonable doubt that 
9the offense is one to which the prohibitions of 18 U.S.C. 
10922(g)(9) apply. The court may consider reliable hearsay 
11evidence submitted by either party provided that it is 
12relevant to the determination of the allegation. Facts 
13previously proven at trial or elicited at the time of entry of 
14a plea of guilty shall be deemed established beyond a 
15reasonable doubt and shall not be relitigated. At the 
16conclusion of the hearing, or upon a stipulation or admission, 
17as applicable, the court shall make a specific written 
18determination with respect to the allegation.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 (725 ILCS 5/112A-11.2)
21 Sec. 112A-11.2. Notification to the Illinois State Police 
22Firearm Owner's Identification Card Office of determinations 
23in certain misdemeanor cases. Upon judgment of conviction of a 
24violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
2512-3.5 of the Criminal Code of 1961 or the Criminal Code of 
 
 
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12012 when the defendant has been determined, under Section 
2112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
3922(g)(9), the circuit court clerk shall include notification 
4and a copy of the written determination in a report of the 
5conviction to the Illinois State Police Firearm Owner's 
6Identification Card Office to enable the office to report that 
7determination to the Federal Bureau of Investigation and 
8assist the Bureau in identifying persons prohibited from 
9purchasing and possessing a firearm pursuant to the provisions 
10of 18 U.S.C. 922.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
13 Sec. 112A-14. Domestic violence order of protection; 
14remedies. 
15 (a) (Blank).
16 (b) The court may order any of the remedies listed in this 
17subsection (b). The remedies listed in this subsection (b) 
18shall be in addition to other civil or criminal remedies 
19available to petitioner.
20  (1) Prohibition of abuse. Prohibit respondent's 
21 harassment, interference with personal liberty, 
22 intimidation of a dependent, physical abuse, or willful 
23 deprivation, as defined in this Article, if such abuse has 
24 occurred or otherwise appears likely to occur if not 
25 prohibited.
 
 
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1  (2) Grant of exclusive possession of residence. 
2 Prohibit respondent from entering or remaining in any 
3 residence, household, or premises of the petitioner, 
4 including one owned or leased by respondent, if petitioner 
5 has a right to occupancy thereof. The grant of exclusive 
6 possession of the residence, household, or premises shall 
7 not affect title to real property, nor shall the court be 
8 limited by the standard set forth in subsection (c-2) of 
9 Section 501 of the Illinois Marriage and Dissolution of 
10 Marriage Act.
11   (A) Right to occupancy. A party has a right to 
12 occupancy of a residence or household if it is solely 
13 or jointly owned or leased by that party, that party's 
14 spouse, a person with a legal duty to support that 
15 party or a minor child in that party's care, or by any 
16 person or entity other than the opposing party that 
17 authorizes that party's occupancy (e.g., a domestic 
18 violence shelter). Standards set forth in subparagraph 
19 (B) shall not preclude equitable relief.
20   (B) Presumption of hardships. If petitioner and 
21 respondent each has the right to occupancy of a 
22 residence or household, the court shall balance (i) 
23 the hardships to respondent and any minor child or 
24 dependent adult in respondent's care resulting from 
25 entry of this remedy with (ii) the hardships to 
26 petitioner and any minor child or dependent adult in 
 
 
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1 petitioner's care resulting from continued exposure to 
2 the risk of abuse (should petitioner remain at the 
3 residence or household) or from loss of possession of 
4 the residence or household (should petitioner leave to 
5 avoid the risk of abuse). When determining the balance 
6 of hardships, the court shall also take into account 
7 the accessibility of the residence or household. 
8 Hardships need not be balanced if respondent does not 
9 have a right to occupancy.
10   The balance of hardships is presumed to favor 
11 possession by petitioner unless the presumption is 
12 rebutted by a preponderance of the evidence, showing 
13 that the hardships to respondent substantially 
14 outweigh the hardships to petitioner and any minor 
15 child or dependent adult in petitioner's care. The 
16 court, on the request of petitioner or on its own 
17 motion, may order respondent to provide suitable, 
18 accessible, alternate housing for petitioner instead 
19 of excluding respondent from a mutual residence or 
20 household.
21  (3) Stay away order and additional prohibitions. Order 
22 respondent to stay away from petitioner or any other 
23 person protected by the domestic violence order of 
24 protection, or prohibit respondent from entering or 
25 remaining present at petitioner's school, place of 
26 employment, or other specified places at times when 
 
 
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1 petitioner is present, or both, if reasonable, given the 
2 balance of hardships. Hardships need not be balanced for 
3 the court to enter a stay away order or prohibit entry if 
4 respondent has no right to enter the premises.
5   (A) If a domestic violence order of protection 
6 grants petitioner exclusive possession of the 
7 residence, prohibits respondent from entering the 
8 residence, or orders respondent to stay away from 
9 petitioner or other protected persons, then the court 
10 may allow respondent access to the residence to remove 
11 items of clothing and personal adornment used 
12 exclusively by respondent, medications, and other 
13 items as the court directs. The right to access shall 
14 be exercised on only one occasion as the court directs 
15 and in the presence of an agreed-upon adult third 
16 party or law enforcement officer.
17   (B) When the petitioner and the respondent attend 
18 the same public, private, or non-public elementary, 
19 middle, or high school, the court when issuing a 
20 domestic violence order of protection and providing 
21 relief shall consider the severity of the act, any 
22 continuing physical danger or emotional distress to 
23 the petitioner, the educational rights guaranteed to 
24 the petitioner and respondent under federal and State 
25 law, the availability of a transfer of the respondent 
26 to another school, a change of placement or a change of 
 
 
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1 program of the respondent, the expense, difficulty, 
2 and educational disruption that would be caused by a 
3 transfer of the respondent to another school, and any 
4 other relevant facts of the case. The court may order 
5 that the respondent not attend the public, private, or 
6 non-public elementary, middle, or high school attended 
7 by the petitioner, order that the respondent accept a 
8 change of placement or change of program, as 
9 determined by the school district or private or 
10 non-public school, or place restrictions on the 
11 respondent's movements within the school attended by 
12 the petitioner. The respondent bears the burden of 
13 proving by a preponderance of the evidence that a 
14 transfer, change of placement, or change of program of 
15 the respondent is not available. The respondent also 
16 bears the burden of production with respect to the 
17 expense, difficulty, and educational disruption that 
18 would be caused by a transfer of the respondent to 
19 another school. A transfer, change of placement, or 
20 change of program is not unavailable to the respondent 
21 solely on the ground that the respondent does not 
22 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 
 
 
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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 
 
 
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1 undergo counseling for a specified duration with a social 
2 worker, psychologist, clinical psychologist, 
3 psychiatrist, family service agency, alcohol or substance 
4 abuse program, mental health center guidance counselor, 
5 agency providing services to elders, program designed for 
6 domestic violence abusers, or any other guidance service 
7 the court deems appropriate. The court may order the 
8 respondent in any intimate partner relationship to report 
9 to an Illinois Department of Human Services protocol 
10 approved partner abuse intervention program for an 
11 assessment and to follow all recommended treatment. 
12  (5) Physical care and possession of the minor child. 
13 In order to protect the minor child from abuse, neglect, 
14 or 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 this Code) of a minor child, there shall 
24 be a rebuttable presumption that awarding physical care to 
25 respondent would not be in the minor child's best 
26 interest.
 
 
SB3200- 340 -LRB103 39081 RLC 69219 b


1  (6) Temporary allocation of parental responsibilities 
2 and significant decision-making responsibilities. Award 
3 temporary significant decision-making responsibility to 
4 petitioner in accordance with this Section, the Illinois 
5 Marriage and Dissolution of Marriage Act, the Illinois 
6 Parentage Act of 2015, and this State's Uniform 
7 Child-Custody Jurisdiction and Enforcement Act. 
8  If the respondent is charged with abuse (as defined in 
9 Section 112A-3 of this Code) of a minor child, there shall 
10 be a rebuttable presumption that awarding temporary 
11 significant decision-making responsibility to respondent 
12 would not be in the child's best interest.
13  (7) Parenting time. Determine the parenting time, if 
14 any, of respondent in any case in which the court awards 
15 physical care or temporary significant decision-making 
16 responsibility of a minor child to petitioner. The court 
17 shall restrict or deny respondent's parenting time with a 
18 minor child if the court finds that respondent has done or 
19 is likely to do any of the following:
20   (i) abuse or endanger the minor child during 
21 parenting time;
22   (ii) use the parenting time as an opportunity to 
23 abuse or harass petitioner or petitioner's family or 
24 household members;
25   (iii) improperly conceal or detain the minor 
26 child; or
 
 
SB3200- 341 -LRB103 39081 RLC 69219 b


1   (iv) otherwise act in a manner that is not in the 
2 best interests of the minor child. 
3  The court shall not be limited by the standards set 
4 forth in Section 603.10 of the Illinois Marriage and 
5 Dissolution of Marriage Act. If the court grants parenting 
6 time, the order shall specify dates and times for the 
7 parenting time to take place or other specific parameters 
8 or conditions that are appropriate. No order for parenting 
9 time shall refer merely to the term "reasonable parenting 
10 time". Petitioner may deny respondent access to the minor 
11 child if, when respondent arrives for parenting time, 
12 respondent is under the influence of drugs or alcohol and 
13 constitutes a threat to the safety and well-being of 
14 petitioner or petitioner's minor children or is behaving 
15 in a violent or abusive manner. If necessary to protect 
16 any member of petitioner's family or household from future 
17 abuse, respondent shall be prohibited from coming to 
18 petitioner's residence to meet the minor child for 
19 parenting time, and the petitioner and respondent shall 
20 submit to the court their recommendations for reasonable 
21 alternative arrangements for parenting time. A person may 
22 be approved to supervise parenting time only after filing 
23 an affidavit accepting that responsibility and 
24 acknowledging accountability to the court.
25  (8) Removal or concealment of minor child. Prohibit 
26 respondent from removing a minor child from the State or 
 
 
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1 concealing the child within the State.
2  (9) Order to appear. Order the respondent to appear in 
3 court, alone or with a minor child, to prevent abuse, 
4 neglect, removal or concealment of the child, to return 
5 the child to the custody or care of the petitioner, or to 
6 permit any court-ordered interview or examination of the 
7 child or the respondent.
8  (10) Possession of personal property. Grant petitioner 
9 exclusive possession of personal property and, if 
10 respondent has possession or control, direct respondent to 
11 promptly make it available to petitioner, if:
12   (i) petitioner, but not respondent, owns the 
13 property; or
14   (ii) the petitioner and respondent own the 
15 property jointly; sharing it would risk abuse of 
16 petitioner by respondent or is impracticable; and the 
17 balance of hardships favors temporary possession by 
18 petitioner.
19  If petitioner's sole claim to ownership of the 
20 property is that it is marital property, the court may 
21 award petitioner temporary possession thereof under the 
22 standards of subparagraph (ii) of this paragraph only if a 
23 proper proceeding has been filed under the Illinois 
24 Marriage and Dissolution of Marriage Act, as now or 
25 hereafter amended.
26  No order under this provision shall affect title to 
 
 
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1 property.
2  (11) Protection of property. Forbid the respondent 
3 from taking, transferring, encumbering, concealing, 
4 damaging, or otherwise disposing of any real or personal 
5 property, except as explicitly authorized by the court, 
6 if:
7   (i) petitioner, but not respondent, owns the 
8 property; or
9   (ii) the petitioner and respondent own the 
10 property jointly, and the balance of hardships favors 
11 granting this remedy.
12  If petitioner's sole claim to ownership of the 
13 property is that it is marital property, the court may 
14 grant petitioner relief under subparagraph (ii) of this 
15 paragraph only if a proper proceeding has been filed under 
16 the Illinois Marriage and Dissolution of Marriage Act, as 
17 now or hereafter amended.
18  The court may further prohibit respondent from 
19 improperly using the financial or other resources of an 
20 aged member of the family or household for the profit or 
21 advantage of respondent or of any other person.
22  (11.5) Protection of animals. Grant the petitioner the 
23 exclusive care, custody, or control of any animal owned, 
24 possessed, leased, kept, or held by either the petitioner 
25 or the respondent or a minor child residing in the 
26 residence or household of either the petitioner or the 
 
 
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1 respondent and order the respondent to stay away from the 
2 animal and forbid the respondent from taking, 
3 transferring, encumbering, concealing, harming, or 
4 otherwise disposing of the animal. 
5  (12) Order for payment of support. Order respondent to 
6 pay temporary support for the petitioner or any child in 
7 the petitioner's care or over whom the petitioner has been 
8 allocated parental responsibility, when the respondent has 
9 a legal obligation to support that person, in accordance 
10 with the Illinois Marriage and Dissolution of Marriage 
11 Act, which shall govern, among other matters, the amount 
12 of support, payment through the clerk and withholding of 
13 income to secure payment. An order for child support may 
14 be granted to a petitioner with lawful physical care of a 
15 child, or an order or agreement for physical care of a 
16 child, prior to entry of an order allocating significant 
17 decision-making responsibility. Such a support order shall 
18 expire upon entry of a valid order allocating parental 
19 responsibility differently and vacating petitioner's 
20 significant decision-making responsibility unless 
21 otherwise provided in the order.
22  (13) Order for payment of losses. Order respondent to 
23 pay petitioner for losses suffered as a direct result of 
24 the abuse. Such losses shall include, but not be limited 
25 to, medical expenses, lost earnings or other support, 
26 repair or replacement of property damaged or taken, 
 
 
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1 reasonable attorney's fees, court costs, and moving or 
2 other travel expenses, including additional reasonable 
3 expenses for temporary shelter and restaurant meals.
4   (i) Losses affecting family needs. If a party is 
5 entitled to seek maintenance, child support, or 
6 property distribution from the other party under the 
7 Illinois Marriage and Dissolution of Marriage Act, as 
8 now or hereafter amended, the court may order 
9 respondent to reimburse petitioner's actual losses, to 
10 the extent that such reimbursement would be 
11 "appropriate temporary relief", as authorized by 
12 subsection (a)(3) of Section 501 of that Act.
13   (ii) Recovery of expenses. In the case of an 
14 improper concealment or removal of a minor child, the 
15 court may order respondent to pay the reasonable 
16 expenses incurred or to be incurred in the search for 
17 and recovery of the minor child, including, but not 
18 limited to, legal fees, court costs, private 
19 investigator fees, and travel costs.
20  (14) Prohibition of entry. Prohibit the respondent 
21 from entering or remaining in the residence or household 
22 while the respondent is under the influence of alcohol or 
23 drugs and constitutes a threat to the safety and 
24 well-being of the petitioner or the petitioner's children.
25  (14.5) Prohibition of firearm possession. 
26   (A) A person who is subject to an existing 
 
 
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1 domestic violence order of protection issued under 
2 this Code may not lawfully possess firearms, stun 
3 guns, or tasers weapons or a Firearm Owner's 
4 Identification Card under Section 8.2 of the Firearm 
5 Owners Identification Card Act.
6   (B) Any firearms in the possession of the 
7 respondent, except as provided in subparagraph (C) of 
8 this paragraph (14.5), shall be ordered by the court 
9 to be turned over to a person who is not prohibited 
10 under State or federal law from possessing firearms 
11 with a valid Firearm Owner's Identification Card for 
12 safekeeping. The court shall issue an order that the 
13 respondent comply with Section 9.5 of the Firearm 
14 Owners Identification Card Act. 
15   (C) If the respondent is a peace officer as 
16 defined in Section 2-13 of the Criminal Code of 2012, 
17 the court shall order that any firearms used by the 
18 respondent in the performance of his or her duties as a 
19 peace officer be surrendered to the chief law 
20 enforcement executive of the agency in which the 
21 respondent is employed, who shall retain the firearms 
22 for safekeeping for the duration of the domestic 
23 violence order of protection.
24   (D) Upon expiration of the period of safekeeping, 
25 if the firearms or Firearm Owner's Identification Card 
26 cannot be returned to respondent because respondent 
 
 
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1 cannot be located, fails to respond to requests to 
2 retrieve the firearms, or is not lawfully eligible to 
3 possess a firearm, upon petition from the local law 
4 enforcement agency, the court may order the local law 
5 enforcement agency to destroy the firearms, use the 
6 firearms for training purposes, or for any other 
7 application as deemed appropriate by the local law 
8 enforcement agency; or that the firearms be turned 
9 over to a third party who is lawfully eligible to 
10 possess firearms, and who does not reside with 
11 respondent. 
12  (15) Prohibition of access to records. If a domestic 
13 violence order of protection prohibits respondent from 
14 having contact with the minor child, or if petitioner's 
15 address is omitted under subsection (b) of Section 112A-5 
16 of this Code, or if necessary to prevent abuse or wrongful 
17 removal or concealment of a minor child, the order shall 
18 deny respondent access to, and prohibit respondent from 
19 inspecting, obtaining, or attempting to inspect or obtain, 
20 school or any other records of the minor child who is in 
21 the care of petitioner.
22  (16) Order for payment of shelter services. Order 
23 respondent to reimburse a shelter providing temporary 
24 housing and counseling services to the petitioner for the 
25 cost of the services, as certified by the shelter and 
26 deemed reasonable by the court.
 
 
SB3200- 348 -LRB103 39081 RLC 69219 b


1  (17) Order for injunctive relief. Enter injunctive 
2 relief necessary or appropriate to prevent further abuse 
3 of a family or household member or to effectuate one of the 
4 granted remedies, if supported by the balance of 
5 hardships. If the harm to be prevented by the injunction 
6 is abuse or any other harm that one of the remedies listed 
7 in paragraphs (1) through (16) of this subsection is 
8 designed to prevent, no further evidence is necessary to 
9 establish that the harm is an irreparable injury.
10  (18) Telephone services.
11   (A) Unless a condition described in subparagraph 
12 (B) of this paragraph exists, the court may, upon 
13 request by the petitioner, order a wireless telephone 
14 service provider to transfer to the petitioner the 
15 right to continue to use a telephone number or numbers 
16 indicated by the petitioner and the financial 
17 responsibility associated with the number or numbers, 
18 as set forth in subparagraph (C) of this paragraph. In 
19 this paragraph (18), the term "wireless telephone 
20 service provider" means a provider of commercial 
21 mobile service as defined in 47 U.S.C. 332. The 
22 petitioner may request the transfer of each telephone 
23 number that the petitioner, or a minor child in his or 
24 her custody, uses. The clerk of the court shall serve 
25 the order on the wireless telephone service provider's 
26 agent for service of process provided to the Illinois 
 
 
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1 Commerce Commission. The order shall contain all of 
2 the following: 
3    (i) The name and billing telephone number of 
4 the account holder including the name of the 
5 wireless telephone service provider that serves 
6 the account.
7    (ii) Each telephone number that will be 
8 transferred.
9    (iii) A statement that the provider transfers 
10 to the petitioner all financial responsibility for 
11 and right to the use of any telephone number 
12 transferred under this paragraph.
13   (B) A wireless telephone service provider shall 
14 terminate the respondent's use of, and shall transfer 
15 to the petitioner use of, the telephone number or 
16 numbers indicated in subparagraph (A) of this 
17 paragraph unless it notifies the petitioner, within 72 
18 hours after it receives the order, that one of the 
19 following applies:
20    (i) The account holder named in the order has 
21 terminated the account.
22    (ii) A difference in network technology would 
23 prevent or impair the functionality of a device on 
24 a network if the transfer occurs.
25    (iii) The transfer would cause a geographic or 
26 other limitation on network or service provision 
 
 
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1 to the petitioner.
2    (iv) Another technological or operational 
3 issue would prevent or impair the use of the 
4 telephone number if the transfer occurs.
5   (C) The petitioner assumes all financial 
6 responsibility for and right to the use of any 
7 telephone number transferred under this paragraph. In 
8 this paragraph, "financial responsibility" includes 
9 monthly service costs and costs associated with any 
10 mobile device associated with the number.
11   (D) A wireless telephone service provider may 
12 apply to the petitioner its routine and customary 
13 requirements for establishing an account or 
14 transferring a number, including requiring the 
15 petitioner to provide proof of identification, 
16 financial information, and customer preferences.
17   (E) Except for willful or wanton misconduct, a 
18 wireless telephone service provider is immune from 
19 civil liability for its actions taken in compliance 
20 with a court order issued under this paragraph.
21   (F) All wireless service providers that provide 
22 services to residential customers shall provide to the 
23 Illinois Commerce Commission the name and address of 
24 an agent for service of orders entered under this 
25 paragraph (18). Any change in status of the registered 
26 agent must be reported to the Illinois Commerce 
 
 
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1 Commission within 30 days of such change. 
2   (G) The Illinois Commerce Commission shall 
3 maintain the list of registered agents for service for 
4 each wireless telephone service provider on the 
5 Commission's website. The Commission may consult with 
6 wireless telephone service providers and the Circuit 
7 Court Clerks on the manner in which this information 
8 is provided and displayed. 
9 (c) Relevant factors; findings.
10  (1) In determining whether to grant a specific remedy, 
11 other than payment of support, the court shall consider 
12 relevant factors, including, but not limited to, the 
13 following:
14   (i) the nature, frequency, severity, pattern, and 
15 consequences of the respondent's past abuse of the 
16 petitioner or any family or household member, 
17 including the concealment of his or her location in 
18 order to evade service of process or notice, and the 
19 likelihood of danger of future abuse to petitioner or 
20 any member of petitioner's or respondent's family or 
21 household; and
22   (ii) the danger that any minor child will be 
23 abused or neglected or improperly relocated from the 
24 jurisdiction, improperly concealed within the State, 
25 or improperly separated from the child's primary 
26 caretaker.
 
 
SB3200- 352 -LRB103 39081 RLC 69219 b


1  (2) In comparing relative hardships resulting to the 
2 parties from loss of possession of the family home, the 
3 court shall consider relevant factors, including, but not 
4 limited to, the following:
5   (i) availability, accessibility, cost, safety, 
6 adequacy, location, and other characteristics of 
7 alternate housing for each party and any minor child 
8 or dependent adult in the party's care;
9   (ii) the effect on the party's employment; and
10   (iii) the effect on the relationship of the party, 
11 and any minor child or dependent adult in the party's 
12 care, to family, school, church, and community.
13  (3) Subject to the exceptions set forth in paragraph 
14 (4) of this subsection (c), the court shall make its 
15 findings in an official record or in writing, and shall at 
16 a minimum set forth the following:
17   (i) That the court has considered the applicable 
18 relevant factors described in paragraphs (1) and (2) 
19 of this subsection (c).
20   (ii) Whether the conduct or actions of respondent, 
21 unless prohibited, will likely cause irreparable harm 
22 or continued abuse.
23   (iii) Whether it is necessary to grant the 
24 requested relief in order to protect petitioner or 
25 other alleged abused persons.
26  (4) (Blank).
 
 
SB3200- 353 -LRB103 39081 RLC 69219 b


1  (5) Never married parties. No rights or 
2 responsibilities for a minor child born outside of 
3 marriage attach to a putative father until a father and 
4 child relationship has been established under the Illinois 
5 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
6 the Illinois Public Aid Code, Section 12 of the Vital 
7 Records Act, the Juvenile Court Act of 1987, the Probate 
8 Act of 1975, the Uniform Interstate Family Support Act, 
9 the Expedited Child Support Act of 1990, any judicial, 
10 administrative, or other act of another state or 
11 territory, any other statute of this State, or by any 
12 foreign nation establishing the father and child 
13 relationship, any other proceeding substantially in 
14 conformity with the federal Personal Responsibility and 
15 Work Opportunity Reconciliation Act of 1996, or when both 
16 parties appeared in open court or at an administrative 
17 hearing acknowledging under oath or admitting by 
18 affirmation the existence of a father and child 
19 relationship. Absent such an adjudication, no putative 
20 father shall be granted temporary allocation of parental 
21 responsibilities, including parenting time with the minor 
22 child, or physical care and possession of the minor child, 
23 nor shall an order of payment for support of the minor 
24 child be entered.
25 (d) Balance of hardships; findings. If the court finds 
26that the balance of hardships does not support the granting of 
 
 
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1a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
2subsection (b) of this Section, which may require such 
3balancing, the court's findings shall so indicate and shall 
4include a finding as to whether granting the remedy will 
5result in hardship to respondent that would substantially 
6outweigh the hardship to petitioner from denial of the remedy. 
7The findings shall be an official record or in writing.
8 (e) Denial of remedies. Denial of any remedy shall not be 
9based, in whole or in part, on evidence that:
10  (1) respondent has cause for any use of force, unless 
11 that cause satisfies the standards for justifiable use of 
12 force provided by Article 7 of the Criminal Code of 2012;
13  (2) respondent was voluntarily intoxicated;
14  (3) petitioner acted in self-defense or defense of 
15 another, provided that, if petitioner utilized force, such 
16 force was justifiable under Article 7 of the Criminal Code 
17 of 2012; 
18  (4) petitioner did not act in self-defense or defense 
19 of another;
20  (5) petitioner left the residence or household to 
21 avoid further abuse by respondent;
22  (6) petitioner did not leave the residence or 
23 household to avoid further abuse by respondent; or 
24  (7) conduct by any family or household member excused 
25 the abuse by respondent, unless that same conduct would 
26 have excused such abuse if the parties had not been family 
 
 
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1 or household members.
2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

4 (725 ILCS 5/112A-14.7)
5 Sec. 112A-14.7. Stalking no contact order; remedies.
6 (a) The court may order any of the remedies listed in this 
7Section. The remedies listed in this Section shall be in 
8addition to other civil or criminal remedies available to 
9petitioner. A stalking no contact order shall order one or 
10more of the 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 
 
 
SB3200- 356 -LRB103 39081 RLC 69219 b


1 Owners Identification Card, or possessing or buying 
2 firearms; and
3  (5) order other injunctive relief the court determines 
4 to be necessary to protect the petitioner or third party 
5 specifically named by the court.
6 (b) When the petitioner and the respondent attend the same 
7public, private, or non-public elementary, middle, or high 
8school, the court when issuing a stalking no contact order and 
9providing relief shall consider the severity of the act, any 
10continuing physical danger or emotional distress to the 
11petitioner, the educational rights guaranteed to the 
12petitioner and respondent under federal and State law, the 
13availability of a transfer of the respondent to another 
14school, a change of placement or a change of program of the 
15respondent, the expense, difficulty, and educational 
16disruption that would be caused by a transfer of the 
17respondent to another school, and any other relevant facts of 
18the case. The court may order that the respondent not attend 
19the public, private, or non-public elementary, middle, or high 
20school attended by the petitioner, order that the respondent 
21accept a change of placement or program, as determined by the 
22school district or private or non-public school, or place 
23restrictions on the respondent's movements within the school 
24attended by the petitioner. The respondent bears the burden of 
25proving by a preponderance of the evidence that a transfer, 
26change of placement, or change of program of the respondent is 
 
 
SB3200- 357 -LRB103 39081 RLC 69219 b


1not available. The respondent also bears the burden of 
2production with respect to the expense, difficulty, and 
3educational disruption that would be caused by a transfer of 
4the respondent to another school. A transfer, change of 
5placement, or change of program is not unavailable to the 
6respondent solely on the ground that the respondent does not 
7agree with the school district's or private or non-public 
8school's transfer, change of placement, or change of program 
9or solely on the ground that the respondent fails or refuses to 
10consent to or otherwise does not take an action required to 
11effectuate a transfer, change of placement, or change of 
12program. When a court orders a respondent to stay away from the 
13public, private, or non-public school attended by the 
14petitioner and the respondent requests a transfer to another 
15attendance center within the respondent's school district or 
16private or non-public school, the school district or private 
17or non-public school shall have sole discretion to determine 
18the attendance center to which the respondent is transferred. 
19If the court order results in a transfer of the minor 
20respondent to another attendance center, a change in the 
21respondent's placement, or a change of the respondent's 
22program, the parents, guardian, or legal custodian of the 
23respondent is responsible for transportation and other costs 
24associated with the transfer or change.
25 (c) The court may order the parents, guardian, or legal 
26custodian of a minor respondent to take certain actions or to 
 
 
SB3200- 358 -LRB103 39081 RLC 69219 b


1refrain from taking certain actions to ensure that the 
2respondent complies with the order. If the court orders a 
3transfer of the respondent to another school, the parents, 
4guardian, or legal custodian of the respondent are responsible 
5for transportation and other costs associated with the change 
6of school by the respondent.
7 (d) The court shall not hold a school district or private 
8or non-public school or any of its employees in civil or 
9criminal contempt unless the school district or private or 
10non-public school has been allowed to intervene.
11 (e) The court may hold the parents, guardian, or legal 
12custodian of a minor respondent in civil or criminal contempt 
13for a violation of any provision of any order entered under 
14this Article for conduct of the minor respondent in violation 
15of this Article if the parents, guardian, or legal custodian 
16directed, encouraged, or assisted the respondent minor in the 
17conduct.
18 (f) Monetary damages are not recoverable as a remedy.
19 (g) If the stalking no contact order prohibits the 
20respondent from possessing a Firearm Owner's Identification 
21Card, or possessing or buying firearms; the court shall 
22confiscate the respondent's firearms and firearm ammunition 
23Firearm Owner's Identification Card and immediately return the 
24card to the Illinois State Police Firearm Owner's 
25Identification Card Office.
26(Source: P.A. 102-538, eff. 8-20-21.)

 
 
SB3200- 359 -LRB103 39081 RLC 69219 b


1 (725 ILCS 5/112A-17.5)
2 Sec. 112A-17.5. Ex parte protective orders.
3 (a) The petitioner may request expedited consideration of 
4the petition for an ex parte protective order. The court shall 
5consider the request on an expedited basis without requiring 
6the respondent's presence or requiring notice to the 
7respondent.
8 (b) Issuance of ex parte protective orders in cases 
9involving domestic violence. An ex parte domestic violence 
10order of protection shall be issued if petitioner satisfies 
11the requirements of this subsection (b) for one or more of the 
12requested remedies. For each remedy requested, petitioner 
13shall establish that:
14  (1) the court has jurisdiction under Section 112A-9 of 
15 this Code;
16  (2) the requirements of subsection (a) of Section 
17 112A-11.5 of this Code are satisfied; and
18  (3) there is good cause to grant the remedy, 
19 regardless of prior service of process or notice upon the 
20 respondent, because:
21   (A) for the remedy of prohibition of abuse 
22 described in paragraph (1) of subsection (b) of 
23 Section 112A-14 of this Code; stay away order and 
24 additional prohibitions described in paragraph (3) of 
25 subsection (b) of Section 112A-14 of this Code; 
 
 
SB3200- 360 -LRB103 39081 RLC 69219 b


1 removal or concealment of minor child described in 
2 paragraph (8) of subsection (b) of Section 112A-14 of 
3 this Code; order to appear described in paragraph (9) 
4 of subsection (b) of Section 112A-14 of this Code; 
5 physical care and possession of the minor child 
6 described in paragraph (5) of subsection (b) of 
7 Section 112A-14 of this Code; protection of property 
8 described in paragraph (11) of subsection (b) of 
9 Section 112A-14 of this Code; prohibition of entry 
10 described in paragraph (14) of subsection (b) of 
11 Section 112A-14 of this Code; prohibition of firearm 
12 possession described in paragraph (14.5) of subsection 
13 (b) of Section 112A-14 of this Code; prohibition of 
14 access to records described in paragraph (15) of 
15 subsection (b) of Section 112A-14 of this Code; 
16 injunctive relief described in paragraph (16) of 
17 subsection (b) of Section 112A-14 of this Code; and 
18 telephone services described in paragraph (18) of 
19 subsection (b) of Section 112A-14 of this Code, the 
20 harm which that remedy is intended to prevent would be 
21 likely to occur if the respondent were given any prior 
22 notice, or greater notice than was actually given, of 
23 the petitioner's efforts to obtain judicial relief;
24   (B) for the remedy of grant of exclusive 
25 possession of residence described in paragraph (2) of 
26 subsection (b) of Section 112A-14 of this Code; the 
 
 
SB3200- 361 -LRB103 39081 RLC 69219 b


1 immediate danger of further abuse of the petitioner by 
2 the respondent, if the petitioner chooses or had 
3 chosen to remain in the residence or household while 
4 the respondent was given any prior notice or greater 
5 notice than was actually given of the petitioner's 
6 efforts to obtain judicial relief outweighs the 
7 hardships to the respondent of an emergency order 
8 granting the petitioner exclusive possession of the 
9 residence or household; and the remedy shall not be 
10 denied because the petitioner has or could obtain 
11 temporary shelter elsewhere while prior notice is 
12 given to the respondent, unless the hardship to the 
13 respondent from exclusion from the home substantially 
14 outweigh the hardship to the petitioner; or
15   (C) for the remedy of possession of personal 
16 property described in paragraph (10) of subsection (b) 
17 of Section 112A-14 of this Code; improper disposition 
18 of the personal property would be likely to occur if 
19 the respondent were given any prior notice, or greater 
20 notice than was actually given, of the petitioner's 
21 efforts to obtain judicial relief or the petitioner 
22 has an immediate and pressing need for the possession 
23 of that property.
24 An ex parte domestic violence order of protection may not 
25include the counseling, custody, or payment of support or 
26monetary compensation remedies provided by paragraphs (4), 
 
 
SB3200- 362 -LRB103 39081 RLC 69219 b


1(12), (13), and (16) of subsection (b) of Section 112A-14 of 
2this Code.
3 (c) Issuance of ex parte civil no contact order in cases 
4involving sexual offenses. An ex parte civil no contact order 
5shall be issued if the petitioner establishes that:
6  (1) the court has jurisdiction under Section 112A-9 of 
7 this Code;
8  (2) the requirements of subsection (a) of Section 
9 112A-11.5 of this Code are satisfied; and
10  (3) there is good cause to grant the remedy, 
11 regardless of prior service of process or of notice upon 
12 the respondent, because the harm which that remedy is 
13 intended to prevent would be likely to occur if the 
14 respondent were given any prior notice, or greater notice 
15 than was actually given, of the petitioner's efforts to 
16 obtain judicial relief.
17 The court may order any of the remedies under Section 
18112A-14.5 of this Code.
19 (d) Issuance of ex parte stalking no contact order in 
20cases involving stalking offenses. An ex parte stalking no 
21contact order shall be issued if the petitioner establishes 
22that:
23  (1) the court has jurisdiction under Section 112A-9 of 
24 this Code;
25  (2) the requirements of subsection (a) of Section 
26 112A-11.5 of this Code are satisfied; and
 
 
SB3200- 363 -LRB103 39081 RLC 69219 b


1  (3) there is good cause to grant the remedy, 
2 regardless of prior service of process or of notice upon 
3 the respondent, because the harm which that remedy is 
4 intended to prevent would be likely to occur if the 
5 respondent were given any prior notice, or greater notice 
6 than was actually given, of the petitioner's efforts to 
7 obtain judicial relief.
8 The court may order any of the remedies under Section 
9112A-14.7 of this Code.
10 (e) Issuance of ex parte protective orders on court 
11holidays and evenings.
12 When the court is unavailable at the close of business, 
13the petitioner may file a petition for an ex parte protective 
14order before any available circuit judge or associate judge 
15who may grant relief under this Article. If the judge finds 
16that petitioner has satisfied the prerequisites in subsection 
17(b), (c), or (d) of this Section, the judge shall issue an ex 
18parte protective order.
19 The chief judge of the circuit court may designate for 
20each county in the circuit at least one judge to be reasonably 
21available to issue orally, by telephone, by facsimile, or 
22otherwise, an ex parte protective order at all times, whether 
23or not the court is in session.
24 The judge who issued the order under this Section shall 
25promptly communicate or convey the order to the sheriff to 
26facilitate the entry of the order into the Law Enforcement 
 
 
SB3200- 364 -LRB103 39081 RLC 69219 b


1Agencies Data System by the Illinois State Police under 
2Section 112A-28 of this Code. Any order issued under this 
3Section and any documentation in support of it shall be 
4certified on the next court day to the appropriate court. The 
5clerk of that court shall immediately assign a case number, 
6file the petition, order, and other documents with the court 
7and enter the order of record and file it with the sheriff for 
8service under subsection (f) of this Section. Failure to 
9comply with the requirements of this subsection (e) shall not 
10affect the validity of the order.
11 (f) Service of ex parte protective order on respondent.
12  (1) If an ex parte protective order is entered at the 
13 time a summons or arrest warrant is issued for the 
14 criminal charge, the petition for the protective order, 
15 any supporting affidavits, if any, and the ex parte 
16 protective order that has been issued shall be served with 
17 the summons or arrest warrant. The enforcement of a 
18 protective order under Section 112A-23 of this Code shall 
19 not be affected by the lack of service or delivery, 
20 provided the requirements of subsection (a) of Section 
21 112A-23 of this Code are otherwise met.
22  (2) If an ex parte protective order is entered after a 
23 summons or arrest warrant is issued and before the 
24 respondent makes an initial appearance in the criminal 
25 case, the summons shall be in the form prescribed by 
26 subsection (d) of Supreme Court Rule 101, except that it 
 
 
SB3200- 365 -LRB103 39081 RLC 69219 b


1 shall require respondent to answer or appear within 7 days 
2 and shall be accompanied by the petition for the 
3 protective order, any supporting affidavits, if any, and 
4 the ex parte protective order that has been issued.
5  (3) If an ex parte protective order is entered after 
6 the respondent has been served notice of a petition for a 
7 final protective order and the respondent has requested a 
8 continuance to respond to the petition, the ex parte 
9 protective order shall be served: (A) in open court if the 
10 respondent is present at the proceeding at which the order 
11 was entered; or (B) by summons in the form prescribed by 
12 subsection (d) of Supreme Court Rule 101.
13  (4) No fee shall be charged for service of summons.
14  (5) The summons shall be served by the sheriff or 
15 other law enforcement officer at the earliest time and 
16 shall take precedence over other summonses except those of 
17 a similar emergency nature. Special process servers may be 
18 appointed at any time, and their designation shall not 
19 affect the responsibilities and authority of the sheriff 
20 or other official process servers. In a county with a 
21 population over 3,000,000, a special process server may 
22 not be appointed if an ex parte protective order grants 
23 the surrender of a child, the surrender of a firearm or 
24 Firearm Owner's Identification Card, or the exclusive 
25 possession of a shared residence. Process may be served in 
26 court.
 
 
SB3200- 366 -LRB103 39081 RLC 69219 b


1 (g) Upon 7 days' notice to the petitioner, or a shorter 
2notice period as the court may prescribe, a respondent subject 
3to an ex parte protective order may appear and petition the 
4court to re-hear the petition. Any petition to re-hear shall 
5be verified and shall allege the following:
6  (1) that respondent did not receive prior notice of 
7 the initial hearing in which the ex parte protective order 
8 was entered under Section 112A-17.5 of this Code; and
9  (2) that respondent had a meritorious defense to the 
10 order or any of its remedies or that the order or any of 
11 its remedies was not authorized under this Article.
12 The verified petition and affidavit shall set forth the 
13evidence of the meritorious defense that will be presented at 
14a hearing. If the court finds that the evidence presented at 
15the hearing on the petition establishes a meritorious defense 
16by a preponderance of the evidence, the court may decide to 
17vacate the protective order or modify the remedies.
18 (h) If the ex parte protective order granted petitioner 
19exclusive possession of the residence and the petition of 
20respondent seeks to re-open or vacate that grant, the court 
21shall set a date for hearing within 14 days on all issues 
22relating to exclusive possession. Under no circumstances shall 
23a court continue a hearing concerning exclusive possession 
24beyond the 14th day except by agreement of the petitioner and 
25the respondent. Other issues raised by the pleadings may be 
26consolidated for the hearing if the petitioner, the 
 
 
SB3200- 367 -LRB103 39081 RLC 69219 b


1respondent, and the court do not object.
2 (i) Duration of ex parte protective order. An ex parte 
3order shall remain in effect until the court considers the 
4request for a final protective order after notice has been 
5served on the respondent or a default final protective order 
6is entered, whichever occurs first. If a court date is 
7scheduled for the issuance of a default protective order and 
8the petitioner fails to personally appear or appear through 
9counsel or the prosecuting attorney, the petition shall be 
10dismissed and the ex parte order terminated.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 Section 175. The Unified Code of Corrections is amended by 
13changing Sections 3-2-10.5, 5-5-3, 5-5-3.2, and 5-6-3 as 
14follows:

15 (730 ILCS 5/3-2-10.5)
16 Sec. 3-2-10.5. Retiring security employees and parole 
17agents; purchase of service firearm and badge. The Director 
18shall establish a program to allow a security employee or 
19parole agent of the Department who is honorably retiring in 
20good standing to purchase either one or both of the following: 
21(1) any badge previously issued to the security employee or 
22parole agent by the Department; or (2) if the security 
23employee or parole agent has a currently valid Firearm Owner's 
24Identification Card, the service firearm issued or previously 
 
 
SB3200- 368 -LRB103 39081 RLC 69219 b


1issued to the security employee or parole agent by the 
2Department. The badge must be permanently and conspicuously 
3marked in such a manner that the individual who possesses the 
4badge is not mistaken for an actively serving law enforcement 
5officer. The cost of the firearm shall be the replacement 
6value of the firearm and not the firearm's fair market value.
7(Source: P.A. 102-719, eff. 5-6-22.)

8 (730 ILCS 5/5-5-3)
9 Sec. 5-5-3. Disposition. 
10 (a) (Blank).
11 (b) (Blank). 
12 (c)(1) (Blank).
13 (2) A period of probation, a term of periodic imprisonment 
14or conditional discharge shall not be imposed for the 
15following offenses. The court shall sentence the offender to 
16not less than the minimum term of imprisonment set forth in 
17this Code for the following offenses, and may order a fine or 
18restitution or both in conjunction with such term of 
19imprisonment:
20  (A) First degree murder.
21  (B) Attempted first degree murder.
22  (C) A Class X felony.
23  (D) A violation of Section 401.1 or 407 of the 
24 Illinois Controlled Substances Act, or a violation of 
25 subdivision (c)(1.5) of Section 401 of that Act which 
 
 
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1 relates to more than 5 grams of a substance containing 
2 fentanyl or an analog thereof.
3  (D-5) A violation of subdivision (c)(1) of Section 401 
4 of the Illinois Controlled Substances Act which relates to 
5 3 or more grams of a substance containing heroin or an 
6 analog thereof. 
7  (E) (Blank).
8  (F) A Class 1 or greater felony if the offender had 
9 been convicted of a Class 1 or greater felony, including 
10 any state or federal conviction for an offense that 
11 contained, at the time it was committed, the same elements 
12 as an offense now (the date of the offense committed after 
13 the prior Class 1 or greater felony) classified as a Class 
14 1 or greater felony, within 10 years of the date on which 
15 the offender committed the offense for which he or she is 
16 being sentenced, except as otherwise provided in Section 
17 40-10 of the Substance Use Disorder Act.
18  (F-3) A Class 2 or greater felony sex offense or 
19 felony firearm offense if the offender had been convicted 
20 of a Class 2 or greater felony, including any state or 
21 federal conviction for an offense that contained, at the 
22 time it was committed, the same elements as an offense now 
23 (the date of the offense committed after the prior Class 2 
24 or greater felony) classified as a Class 2 or greater 
25 felony, within 10 years of the date on which the offender 
26 committed the offense for which he or she is being 
 
 
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1 sentenced, except as otherwise provided in Section 40-10 
2 of the Substance Use Disorder Act. 
3  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
4 of the Criminal Code of 1961 or the Criminal Code of 2012 
5 for which imprisonment is prescribed in those Sections.
6  (G) Residential burglary, except as otherwise provided 
7 in Section 40-10 of the Substance Use Disorder Act.
8  (H) Criminal sexual assault.
9  (I) Aggravated battery of a senior citizen as 
10 described in Section 12-4.6 or subdivision (a)(4) of 
11 Section 12-3.05 of the Criminal Code of 1961 or the 
12 Criminal Code of 2012.
13  (J) A forcible felony if the offense was related to 
14 the activities of an organized gang.
15  Before July 1, 1994, for the purposes of this 
16 paragraph, "organized gang" means an association of 5 or 
17 more persons, with an established hierarchy, that 
18 encourages members of the association to perpetrate crimes 
19 or provides support to the members of the association who 
20 do commit crimes.
21  Beginning July 1, 1994, for the purposes of this 
22 paragraph, "organized gang" has the meaning ascribed to it 
23 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
24 Prevention Act.
25  (K) Vehicular hijacking.
26  (L) A second or subsequent conviction for the offense 
 
 
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1 of hate crime when the underlying offense upon which the 
2 hate crime is based is felony aggravated assault or felony 
3 mob action.
4  (M) A second or subsequent conviction for the offense 
5 of institutional vandalism if the damage to the property 
6 exceeds $300.
7  (N) A Class 3 felony violation of paragraph (1) of 
8 subsection (a) of Section 2 of the Firearm Owners 
9 Identification Card Act committed before the effective 
10 date of this amendatory Act of the 103rd General Assembly.
11  (O) A violation of Section 12-6.1 or 12-6.5 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012.
13  (P) A violation of paragraph (1), (2), (3), (4), (5), 
14 or (7) of subsection (a) of Section 11-20.1 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012.
16  (P-5) A violation of paragraph (6) of subsection (a) 
17 of Section 11-20.1 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012 if the victim is a household or 
19 family member of the defendant.
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).
 
 
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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 
18 the offenses formerly known as rape, deviate sexual 
19 assault, indecent liberties with a child, or aggravated 
20 indecent liberties with a child where the victim was under 
21 the age of 18 years or an offense that is substantially 
22 equivalent 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.
 
 
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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 
14 of $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 
19 firearm 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 
 
 
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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 
13of 30 days or 300 hours of community service, as determined by 
14the court, shall be imposed for a third or subsequent 
15violation of Section 6-303 of the Illinois Vehicle Code. The 
16court may give credit toward the fulfillment of community 
17service hours for participation in activities and treatment as 
18determined by court services. 
19 (4.5) A minimum term of imprisonment of 30 days shall be 
20imposed for a third violation of subsection (c) of Section 
216-303 of the Illinois Vehicle Code.
22 (4.6) Except as provided in paragraph (4.10) of this 
23subsection (c), a minimum term of imprisonment of 180 days 
24shall be imposed for a fourth or subsequent violation of 
25subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26 (4.7) A minimum term of imprisonment of not less than 30 
 
 
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1consecutive days, or 300 hours of community service, shall be 
2imposed for a violation of subsection (a-5) of Section 6-303 
3of the Illinois Vehicle Code, as provided in subsection (b-5) 
4of that Section. 
5 (4.8) A mandatory prison sentence shall be imposed for a 
6second violation of subsection (a-5) of Section 6-303 of the 
7Illinois Vehicle Code, as provided in subsection (c-5) of that 
8Section. The person's driving privileges shall be revoked for 
9a period of not less than 5 years from the date of his or her 
10release from prison. 
11 (4.9) A mandatory prison sentence of not less than 4 and 
12not more than 15 years shall be imposed for a third violation 
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
14Code, as provided in subsection (d-2.5) of that Section. The 
15person's driving privileges shall be revoked for the remainder 
16of his or her life. 
17 (4.10) A mandatory prison sentence for a Class 1 felony 
18shall be imposed, and the person shall be eligible for an 
19extended term sentence, for a fourth or subsequent violation 
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
21Code, as provided in subsection (d-3.5) of that Section. The 
22person's driving privileges shall be revoked for the remainder 
23of his or her life. 
24 (5) The court may sentence a corporation or unincorporated 
25association convicted of any offense to:
26  (A) a period of conditional discharge;
 
 
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1  (B) a fine;
2  (C) make restitution to the victim under Section 5-5-6 
3 of this Code.
4 (5.1) In addition to any other penalties imposed, and 
5except as provided in paragraph (5.2) or (5.3), a person 
6convicted of violating subsection (c) of Section 11-907 of the 
7Illinois Vehicle Code shall have his or her driver's license, 
8permit, or privileges suspended for at least 90 days but not 
9more than one year, if the violation resulted in damage to the 
10property of another person.
11 (5.2) In addition to any other penalties imposed, and 
12except as provided in paragraph (5.3), a person convicted of 
13violating subsection (c) of Section 11-907 of the Illinois 
14Vehicle Code shall have his or her driver's license, permit, 
15or privileges suspended for at least 180 days but not more than 
162 years, if the violation resulted in injury to another 
17person.
18 (5.3) In addition to any other penalties imposed, a person 
19convicted of violating subsection (c) of Section 11-907 of the 
20Illinois Vehicle Code shall have his or her driver's license, 
21permit, or privileges suspended for 2 years, if the violation 
22resulted in the death of another person.
23 (5.4) In addition to any other penalties imposed, a person 
24convicted of violating Section 3-707 of the Illinois Vehicle 
25Code shall have his or her driver's license, permit, or 
26privileges suspended for 3 months and until he or she has paid 
 
 
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1a reinstatement fee of $100.
2 (5.5) In addition to any other penalties imposed, a person 
3convicted of violating Section 3-707 of the Illinois Vehicle 
4Code during a period in which his or her driver's license, 
5permit, or privileges were suspended for a previous violation 
6of that Section shall have his or her driver's license, 
7permit, or privileges suspended for an additional 6 months 
8after the expiration of the original 3-month suspension and 
9until he or she has paid a reinstatement fee of $100. 
10 (6) (Blank).
11 (7) (Blank).
12 (8) (Blank).
13 (9) A defendant convicted of a second or subsequent 
14offense of ritualized abuse of a child may be sentenced to a 
15term of natural life imprisonment.
16 (10) (Blank).
17 (11) The court shall impose a minimum fine of $1,000 for a 
18first offense and $2,000 for a second or subsequent offense 
19upon a person convicted of or placed on supervision for 
20battery when the individual harmed was a sports official or 
21coach at any level of competition and the act causing harm to 
22the sports official or coach occurred within an athletic 
23facility or within the immediate vicinity of the athletic 
24facility at which the sports official or coach was an active 
25participant of the athletic contest held at the athletic 
26facility. For the purposes of this paragraph (11), "sports 
 
 
SB3200- 378 -LRB103 39081 RLC 69219 b


1official" means a person at an athletic contest who enforces 
2the rules of the contest, such as an umpire or referee; 
3"athletic facility" means an indoor or outdoor playing field 
4or recreational area where sports activities are conducted; 
5and "coach" means a person recognized as a coach by the 
6sanctioning authority that conducted the sporting event.
7 (12) A person may not receive a disposition of court 
8supervision for a violation of Section 5-16 of the Boat 
9Registration and Safety Act if that person has previously 
10received a disposition of court supervision for a violation of 
11that Section. 
12 (13) A person convicted of or placed on court supervision 
13for an assault or aggravated assault when the victim and the 
14offender are family or household members as defined in Section 
15103 of the Illinois Domestic Violence Act of 1986 or convicted 
16of domestic battery or aggravated domestic battery may be 
17required to attend a Partner Abuse Intervention Program under 
18protocols set forth by the Illinois Department of Human 
19Services under such terms and conditions imposed by the court. 
20The costs of such classes shall be paid by the offender. 
21 (d) In any case in which a sentence originally imposed is 
22vacated, the case shall be remanded to the trial court. The 
23trial court shall hold a hearing under Section 5-4-1 of this 
24Code which may include evidence of the defendant's life, moral 
25character and occupation during the time since the original 
26sentence was passed. The trial court shall then impose 
 
 
SB3200- 379 -LRB103 39081 RLC 69219 b


1sentence upon the defendant. The trial court may impose any 
2sentence which could have been imposed at the original trial 
3subject to Section 5-5-4 of this Code. If a sentence is vacated 
4on appeal or on collateral attack due to the failure of the 
5trier of fact at trial to determine beyond a reasonable doubt 
6the existence of a fact (other than a prior conviction) 
7necessary to increase the punishment for the offense beyond 
8the statutory maximum otherwise applicable, either the 
9defendant may be re-sentenced to a term within the range 
10otherwise provided or, if the State files notice of its 
11intention to again seek the extended sentence, the defendant 
12shall be afforded a new trial.
13 (e) In cases where prosecution for aggravated criminal 
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
15Code of 1961 or the Criminal Code of 2012 results in conviction 
16of a defendant who was a family member of the victim at the 
17time of the commission of the offense, the court shall 
18consider the safety and welfare of the victim and may impose a 
19sentence of probation only where:
20  (1) the court finds (A) or (B) or both are 
21 appropriate:
22   (A) the defendant is willing to undergo a court 
23 approved counseling program for a minimum duration of 
24 2 years; or
25   (B) the defendant is willing to participate in a 
26 court approved plan, including, but not limited to, 
 
 
SB3200- 380 -LRB103 39081 RLC 69219 b


1 the defendant's:
2    (i) removal from the household;
3    (ii) restricted contact with the victim;
4    (iii) continued financial support of the 
5 family;
6    (iv) restitution for harm done to the victim; 
7 and
8    (v) compliance with any other measures that 
9 the court may deem appropriate; and
10  (2) the court orders the defendant to pay for the 
11 victim's counseling services, to the extent that the court 
12 finds, after considering the defendant's income and 
13 assets, that the defendant is financially capable of 
14 paying for such services, if the victim was under 18 years 
15 of age at the time the offense was committed and requires 
16 counseling as a result of the offense.
17 Probation may be revoked or modified pursuant to Section 
185-6-4; except where the court determines at the hearing that 
19the defendant violated a condition of his or her probation 
20restricting contact with the victim or other family members or 
21commits another offense with the victim or other family 
22members, the court shall revoke the defendant's probation and 
23impose a term of imprisonment.
24 For the purposes of this Section, "family member" and 
25"victim" shall have the meanings ascribed to them in Section 
2611-0.1 of the Criminal Code of 2012.
 
 
SB3200- 381 -LRB103 39081 RLC 69219 b


1 (f) (Blank).
2 (g) Whenever a defendant is convicted of an offense under 
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
411-14.3, 11-14.4 except for an offense that involves keeping a 
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
8Criminal Code of 2012, the defendant shall undergo medical 
9testing to determine whether the defendant has any sexually 
10transmissible disease, including a test for infection with 
11human immunodeficiency virus (HIV) or any other identified 
12causative agent of acquired immunodeficiency syndrome (AIDS). 
13Any such medical test shall be performed only by appropriately 
14licensed medical practitioners and may include an analysis of 
15any bodily fluids as well as an examination of the defendant's 
16person. Except as otherwise provided by law, the results of 
17such test shall be kept strictly confidential by all medical 
18personnel involved in the testing and must be personally 
19delivered in a sealed envelope to the judge of the court in 
20which the conviction was entered for the judge's inspection in 
21camera. Acting in accordance with the best interests of the 
22victim and the public, the judge shall have the discretion to 
23determine to whom, if anyone, the results of the testing may be 
24revealed. The court shall notify the defendant of the test 
25results. The court shall also notify the victim if requested 
26by the victim, and if the victim is under the age of 15 and if 
 
 
SB3200- 382 -LRB103 39081 RLC 69219 b


1requested by the victim's parents or legal guardian, the court 
2shall notify the victim's parents or legal guardian of the 
3test results. The court shall provide information on the 
4availability of HIV testing and counseling at Department of 
5Public Health facilities to all parties to whom the results of 
6the testing are revealed and shall direct the State's Attorney 
7to provide the information to the victim when possible. The 
8court shall order that the cost of any such test shall be paid 
9by the county and may be taxed as costs against the convicted 
10defendant.
11 (g-5) When an inmate is tested for an airborne 
12communicable disease, as determined by the Illinois Department 
13of Public Health, including, but not limited to, tuberculosis, 
14the results of the test shall be personally delivered by the 
15warden or his or her designee in a sealed envelope to the judge 
16of the court in which the inmate must appear for the judge's 
17inspection in camera if requested by the judge. Acting in 
18accordance with the best interests of those in the courtroom, 
19the judge shall have the discretion to determine what if any 
20precautions need to be taken to prevent transmission of the 
21disease 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 
 
 
SB3200- 383 -LRB103 39081 RLC 69219 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. The court shall order that the cost of any such 
17test shall be paid by the county and may be taxed as costs 
18against the convicted defendant.
19 (i) All fines and penalties imposed under this Section for 
20any violation of Chapters 3, 4, 6, and 11 of the Illinois 
21Vehicle Code, or a similar provision of a local ordinance, and 
22any violation of the Child Passenger Protection Act, or a 
23similar provision of a local ordinance, shall be collected and 
24disbursed by the circuit clerk as provided under the Criminal 
25and Traffic Assessment Act.
26 (j) In cases when prosecution for any violation of Section 
 
 
SB3200- 384 -LRB103 39081 RLC 69219 b


111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
512-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
6Code of 2012, any violation of the Illinois Controlled 
7Substances Act, any violation of the Cannabis Control Act, or 
8any violation of the Methamphetamine Control and Community 
9Protection Act results in conviction, a disposition of court 
10supervision, or an order of probation granted under Section 10 
11of the Cannabis Control Act, Section 410 of the Illinois 
12Controlled Substances Act, or Section 70 of the 
13Methamphetamine Control and Community Protection Act of a 
14defendant, the court shall determine whether the defendant is 
15employed by a facility or center as defined under the Child 
16Care Act of 1969, a public or private elementary or secondary 
17school, or otherwise works with children under 18 years of age 
18on a daily basis. When a defendant is so employed, the court 
19shall order the Clerk of the Court to send a copy of the 
20judgment of conviction or order of supervision or probation to 
21the defendant's employer by certified mail. If the employer of 
22the defendant is a school, the Clerk of the Court shall direct 
23the mailing of a copy of the judgment of conviction or order of 
24supervision or probation to the appropriate regional 
25superintendent of schools. The regional superintendent of 
26schools shall notify the State Board of Education of any 
 
 
SB3200- 385 -LRB103 39081 RLC 69219 b


1notification under this subsection.
2 (j-5) A defendant at least 17 years of age who is convicted 
3of a felony and who has not been previously convicted of a 
4misdemeanor or felony and who is sentenced to a term of 
5imprisonment in the Illinois Department of Corrections shall 
6as a condition of his or her sentence be required by the court 
7to attend educational courses designed to prepare the 
8defendant for a high school diploma and to work toward a high 
9school diploma or to work toward passing high school 
10equivalency testing or to work toward completing a vocational 
11training program offered by the Department of Corrections. If 
12a defendant fails to complete the educational training 
13required by his or her sentence during the term of 
14incarceration, the Prisoner Review Board shall, as a condition 
15of mandatory supervised release, require the defendant, at his 
16or her own expense, to pursue a course of study toward a high 
17school diploma or passage of high school equivalency testing. 
18The Prisoner Review Board shall revoke the mandatory 
19supervised release of a defendant who wilfully fails to comply 
20with this subsection (j-5) upon his or her release from 
21confinement in a penal institution while serving a mandatory 
22supervised release term; however, the inability of the 
23defendant after making a good faith effort to obtain financial 
24aid or pay for the educational training shall not be deemed a 
25wilful failure to comply. The Prisoner Review Board shall 
26recommit the defendant whose mandatory supervised release term 
 
 
SB3200- 386 -LRB103 39081 RLC 69219 b


1has been revoked under this subsection (j-5) as provided in 
2Section 3-3-9. This subsection (j-5) does not apply to a 
3defendant who has a high school diploma or has successfully 
4passed high school equivalency testing. This subsection (j-5) 
5does not apply to a defendant who is determined by the court to 
6be a person with a developmental disability or otherwise 
7mentally incapable of completing the educational or vocational 
8program.
9 (k) (Blank).
10 (l)(A) Except as provided in paragraph (C) of subsection 
11(l), whenever a defendant, who is not a citizen or national of 
12the United States, is convicted of any felony or misdemeanor 
13offense, the court after sentencing the defendant may, upon 
14motion of the State's Attorney, hold sentence in abeyance and 
15remand the defendant to the custody of the Attorney General of 
16the United States or his or her designated agent to be deported 
17when:
18  (1) a final order of deportation has been issued 
19 against the defendant pursuant to proceedings under the 
20 Immigration and Nationality Act, and
21  (2) the deportation of the defendant would not 
22 deprecate the seriousness of the defendant's conduct and 
23 would not be inconsistent with the ends of justice.
24 Otherwise, the defendant shall be sentenced as provided in 
25this Chapter V.
26 (B) If the defendant has already been sentenced for a 
 
 
SB3200- 387 -LRB103 39081 RLC 69219 b


1felony or misdemeanor offense, or has been placed on probation 
2under Section 10 of the Cannabis Control Act, Section 410 of 
3the Illinois Controlled Substances Act, or Section 70 of the 
4Methamphetamine Control and Community Protection Act, the 
5court may, upon motion of the State's Attorney to suspend the 
6sentence imposed, commit the defendant to the custody of the 
7Attorney General of the United States or his or her designated 
8agent when:
9  (1) a final order of deportation has been issued 
10 against the defendant pursuant to proceedings under the 
11 Immigration and Nationality Act, and
12  (2) the deportation of the defendant would not 
13 deprecate the seriousness of the defendant's conduct and 
14 would not be inconsistent with the ends of justice.
15 (C) This subsection (l) does not apply to offenders who 
16are subject to the provisions of paragraph (2) of subsection 
17(a) of Section 3-6-3.
18 (D) Upon motion of the State's Attorney, if a defendant 
19sentenced under this Section returns to the jurisdiction of 
20the United States, the defendant shall be recommitted to the 
21custody of the county from which he or she was sentenced. 
22Thereafter, the defendant shall be brought before the 
23sentencing court, which may impose any sentence that was 
24available under Section 5-5-3 at the time of initial 
25sentencing. In addition, the defendant shall not be eligible 
26for additional earned sentence credit as provided under 
 
 
SB3200- 388 -LRB103 39081 RLC 69219 b


1Section 3-6-3.
2 (m) A person convicted of criminal defacement of property 
3under Section 21-1.3 of the Criminal Code of 1961 or the 
4Criminal Code of 2012, in which the property damage exceeds 
5$300 and the property damaged is a school building, shall be 
6ordered to perform community service that may include cleanup, 
7removal, or painting over the defacement.
8 (n) The court may sentence a person convicted of a 
9violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
11of 1961 or the Criminal Code of 2012 (i) to an impact 
12incarceration program if the person is otherwise eligible for 
13that program under Section 5-8-1.1, (ii) to community service, 
14or (iii) if the person has a substance use disorder, as defined 
15in the Substance Use Disorder Act, to a treatment program 
16licensed under that Act.
17 (o) Whenever a person is convicted of a sex offense as 
18defined in Section 2 of the Sex Offender Registration Act, the 
19defendant's driver's license or permit shall be subject to 
20renewal on an annual basis in accordance with the provisions 
21of license renewal established by the Secretary of State. 
22(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
23102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
241-1-24.)

25 (730 ILCS 5/5-5-3.2)
 
 
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1 Sec. 5-5-3.2. Factors in aggravation and extended-term 
2sentencing. 
3 (a) The following factors shall be accorded weight in 
4favor of imposing a term of imprisonment or may be considered 
5by the court as reasons to impose a more severe sentence under 
6Section 5-8-1 or Article 4.5 of Chapter V:
7  (1) the defendant's conduct caused or threatened 
8 serious harm;
9  (2) the defendant received compensation for committing 
10 the offense;
11  (3) the defendant has a history of prior delinquency 
12 or criminal activity;
13  (4) the defendant, by the duties of his office or by 
14 his position, was obliged to prevent the particular 
15 offense committed or to bring the offenders committing it 
16 to justice;
17  (5) the defendant held public office at the time of 
18 the offense, and the offense related to the conduct of 
19 that office;
20  (6) the defendant utilized his professional reputation 
21 or position in the community to commit the offense, or to 
22 afford him an easier means of committing it;
23  (7) the sentence is necessary to deter others from 
24 committing the same crime;
25  (8) the defendant committed the offense against a 
26 person 60 years of age or older or such person's property;
 
 
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1  (9) the defendant committed the offense against a 
2 person who has a physical disability or such person's 
3 property;
4  (10) by reason of another individual's actual or 
5 perceived race, color, creed, religion, ancestry, gender, 
6 sexual orientation, physical or mental disability, or 
7 national origin, the defendant committed the offense 
8 against (i) the person or property of that individual; 
9 (ii) the person or property of a person who has an 
10 association with, is married to, or has a friendship with 
11 the other individual; or (iii) the person or property of a 
12 relative (by blood or marriage) of a person described in 
13 clause (i) or (ii). For the purposes of this Section, 
14 "sexual orientation" has the meaning ascribed to it in 
15 paragraph (O-1) of Section 1-103 of the Illinois Human 
16 Rights Act;
17  (11) the offense took place in a place of worship or on 
18 the grounds of a place of worship, immediately prior to, 
19 during or immediately following worship services. For 
20 purposes of this subparagraph, "place of worship" shall 
21 mean any church, synagogue or other building, structure or 
22 place used primarily for religious worship;
23  (12) the defendant was convicted of a felony committed 
24 while he was on pretrial release or his own recognizance 
25 pending trial for a prior felony and was convicted of such 
26 prior felony, or the defendant was convicted of a felony 
 
 
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1 committed while he was serving a period of probation, 
2 conditional discharge, or mandatory supervised release 
3 under subsection (d) of Section 5-8-1 for a prior felony;
4  (13) the defendant committed or attempted to commit a 
5 felony while he was wearing a bulletproof vest. For the 
6 purposes of this paragraph (13), a bulletproof vest is any 
7 device which is designed for the purpose of protecting the 
8 wearer from bullets, shot or other lethal projectiles;
9  (14) the defendant held a position of trust or 
10 supervision such as, but not limited to, family member as 
11 defined in Section 11-0.1 of the Criminal Code of 2012, 
12 teacher, scout leader, baby sitter, or day care worker, in 
13 relation to a victim under 18 years of age, and the 
14 defendant committed an offense in violation of Section 
15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
16 11-14.4 except for an offense that involves keeping a 
17 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
18 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
19 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
20 of 2012 against that victim;
21  (15) the defendant committed an offense related to the 
22 activities of an organized gang. For the purposes of this 
23 factor, "organized gang" has the meaning ascribed to it in 
24 Section 10 of the Streetgang Terrorism Omnibus Prevention 
25 Act;
26  (16) the defendant committed an offense in violation 
 
 
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1 of one of the following Sections while in a school, 
2 regardless of the time of day or time of year; on any 
3 conveyance owned, leased, or contracted by a school to 
4 transport students to or from school or a school related 
5 activity; on the real property of a school; or on a public 
6 way within 1,000 feet of the real property comprising any 
7 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
8 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
9 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
10 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 
11 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
12 for subdivision (a)(4) or (g)(1), of the Criminal Code of 
13 1961 or the Criminal Code of 2012;
14  (16.5) the defendant committed an offense in violation 
15 of one of the following Sections while in a day care 
16 center, regardless of the time of day or time of year; on 
17 the real property of a day care center, regardless of the 
18 time of day or time of year; or on a public way within 
19 1,000 feet of the real property comprising any day care 
20 center, regardless of the time of day or time of year: 
21 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
22 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
23 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
24 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
25 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
26 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 
 
 
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1 Criminal Code of 2012;
2  (17) the defendant committed the offense by reason of 
3 any person's activity as a community policing volunteer or 
4 to prevent any person from engaging in activity as a 
5 community policing volunteer. For the purpose of this 
6 Section, "community policing volunteer" has the meaning 
7 ascribed to it in Section 2-3.5 of the Criminal Code of 
8 2012;
9  (18) the defendant committed the offense in a nursing 
10 home or on the real property comprising a nursing home. 
11 For the purposes of this paragraph (18), "nursing home" 
12 means a skilled nursing or intermediate long term care 
13 facility that is subject to license by the Illinois 
14 Department of Public Health under the Nursing Home Care 
15 Act, the Specialized Mental Health Rehabilitation Act of 
16 2013, the ID/DD Community Care Act, or the MC/DD Act;
17  (19) the defendant was a federally licensed firearm 
18 dealer and was previously convicted of a violation of 
19 subsection (a) of Section 3 of the Firearm Owners 
20 Identification Card Act before its repeal by this 
21 amendatory Act of the 103rd General Assembly and has now 
22 committed either a felony violation of the Firearm Owners 
23 Identification Card Act or an act of armed violence while 
24 armed with a firearm;
25  (20) the defendant (i) committed the offense of 
26 reckless homicide under Section 9-3 of the Criminal Code 
 
 
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1 of 1961 or the Criminal Code of 2012 or the offense of 
2 driving under the influence of alcohol, other drug or 
3 drugs, intoxicating compound or compounds or any 
4 combination thereof under Section 11-501 of the Illinois 
5 Vehicle Code or a similar provision of a local ordinance 
6 and (ii) was operating a motor vehicle in excess of 20 
7 miles per hour over the posted speed limit as provided in 
8 Article VI of Chapter 11 of the Illinois Vehicle Code; 
9  (21) the defendant (i) committed the offense of 
10 reckless driving or aggravated reckless driving under 
11 Section 11-503 of the Illinois Vehicle Code and (ii) was 
12 operating a motor vehicle in excess of 20 miles per hour 
13 over the posted speed limit as provided in Article VI of 
14 Chapter 11 of the Illinois Vehicle Code;
15  (22) the defendant committed the offense against a 
16 person that the defendant knew, or reasonably should have 
17 known, was a member of the Armed Forces of the United 
18 States serving on active duty. For purposes of this clause 
19 (22), the term "Armed Forces" means any of the Armed 
20 Forces of the United States, including a member of any 
21 reserve component thereof or National Guard unit called to 
22 active duty; 
23  (23) the defendant committed the offense against a 
24 person who was elderly or infirm or who was a person with a 
25 disability by taking advantage of a family or fiduciary 
26 relationship with the elderly or infirm person or person 
 
 
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1 with a disability; 
2  (24) the defendant committed any offense under Section 
3 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
4 of 2012 and possessed 100 or more images; 
5  (25) the defendant committed the offense while the 
6 defendant or the victim was in a train, bus, or other 
7 vehicle used for public transportation;
8  (26) the defendant committed the offense of child 
9 pornography or aggravated child pornography, specifically 
10 including paragraph (1), (2), (3), (4), (5), or (7) of 
11 subsection (a) of Section 11-20.1 of the Criminal Code of 
12 1961 or the Criminal Code of 2012 where a child engaged in, 
13 solicited for, depicted in, or posed in any act of sexual 
14 penetration or bound, fettered, or subject to sadistic, 
15 masochistic, or sadomasochistic abuse in a sexual context 
16 and specifically including paragraph (1), (2), (3), (4), 
17 (5), or (7) of subsection (a) of Section 11-20.1B or 
18 Section 11-20.3 of the Criminal Code of 1961 where a child 
19 engaged in, solicited for, depicted in, or posed in any 
20 act of sexual penetration or bound, fettered, or subject 
21 to sadistic, masochistic, or sadomasochistic abuse in a 
22 sexual context;
23  (27) the defendant committed the offense of first 
24 degree murder, assault, aggravated assault, battery, 
25 aggravated battery, robbery, armed robbery, or aggravated 
26 robbery against a person who was a veteran and the 
 
 
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1 defendant knew, or reasonably should have known, that the 
2 person was a veteran performing duties as a representative 
3 of a veterans' organization. For the purposes of this 
4 paragraph (27), "veteran" means an Illinois resident who 
5 has served as a member of the United States Armed Forces, a 
6 member of the Illinois National Guard, or a member of the 
7 United States Reserve Forces; and "veterans' organization" 
8 means an organization comprised of members of which 
9 substantially all are individuals who are veterans or 
10 spouses, widows, or widowers of veterans, the primary 
11 purpose of which is to promote the welfare of its members 
12 and to provide assistance to the general public in such a 
13 way as to confer a public benefit; 
14  (28) the defendant committed the offense of assault, 
15 aggravated assault, battery, aggravated battery, robbery, 
16 armed robbery, or aggravated robbery against a person that 
17 the defendant knew or reasonably should have known was a 
18 letter carrier or postal worker while that person was 
19 performing his or her duties delivering mail for the 
20 United States Postal Service;
21  (29) the defendant committed the offense of criminal 
22 sexual assault, aggravated criminal sexual assault, 
23 criminal sexual abuse, or aggravated criminal sexual abuse 
24 against a victim with an intellectual disability, and the 
25 defendant holds a position of trust, authority, or 
26 supervision in relation to the victim;
 
 
SB3200- 397 -LRB103 39081 RLC 69219 b


1  (30) the defendant committed the offense of promoting 
2 juvenile prostitution, patronizing a prostitute, or 
3 patronizing a minor engaged in prostitution and at the 
4 time of the commission of the offense knew that the 
5 prostitute or minor engaged in prostitution was in the 
6 custody or guardianship of the Department of Children and 
7 Family Services;
8  (31) the defendant (i) committed the offense of 
9 driving while under the influence of alcohol, other drug 
10 or drugs, intoxicating compound or compounds or any 
11 combination thereof in violation of Section 11-501 of the 
12 Illinois Vehicle Code or a similar provision of a local 
13 ordinance and (ii) the defendant during the commission of 
14 the offense was driving his or her vehicle upon a roadway 
15 designated for one-way traffic in the opposite direction 
16 of the direction indicated by official traffic control 
17 devices; 
18  (32) the defendant committed the offense of reckless 
19 homicide while committing a violation of Section 11-907 of 
20 the Illinois Vehicle Code; 
21  (33) the defendant was found guilty of an 
22 administrative infraction related to an act or acts of 
23 public indecency or sexual misconduct in the penal 
24 institution. In this paragraph (33), "penal institution" 
25 has the same meaning as in Section 2-14 of the Criminal 
26 Code of 2012; or
 
 
SB3200- 398 -LRB103 39081 RLC 69219 b


1  (34) the defendant committed the offense of leaving 
2 the scene of a crash in violation of subsection (b) of 
3 Section 11-401 of the Illinois Vehicle Code and the crash 
4 resulted in the death of a person and at the time of the 
5 offense, the defendant was: (i) driving under the 
6 influence of alcohol, other drug or drugs, intoxicating 
7 compound or compounds or any combination thereof as 
8 defined by Section 11-501 of the Illinois Vehicle Code; or 
9 (ii) operating the motor vehicle while using an electronic 
10 communication device as defined in Section 12-610.2 of the 
11 Illinois Vehicle Code. 
12 For the purposes of this Section:
13 "School" is defined as a public or private elementary or 
14secondary school, community college, college, or university.
15 "Day care center" means a public or private State 
16certified and licensed day care center as defined in Section 
172.09 of the Child Care Act of 1969 that displays a sign in 
18plain view stating that the property is a day care center.
19 "Intellectual disability" means significantly subaverage 
20intellectual functioning which exists concurrently with 
21impairment in adaptive behavior. 
22 "Public transportation" means the transportation or 
23conveyance of persons by means available to the general 
24public, and includes paratransit services.
25 "Traffic control devices" means all signs, signals, 
26markings, and devices that conform to the Illinois Manual on 
 
 
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1Uniform Traffic Control Devices, placed or erected by 
2authority of a public body or official having jurisdiction, 
3for the purpose of regulating, warning, or guiding traffic. 
4 (b) The following factors, related to all felonies, may be 
5considered by the court as reasons to impose an extended term 
6sentence under Section 5-8-2 upon any offender:
7  (1) When a defendant is convicted of any felony, after 
8 having been previously convicted in Illinois or any other 
9 jurisdiction of the same or similar class felony or 
10 greater class felony, when such conviction has occurred 
11 within 10 years after the previous conviction, excluding 
12 time spent in custody, and such charges are separately 
13 brought and tried and arise out of different series of 
14 acts; or
15  (2) When a defendant is convicted of any felony and 
16 the court finds that the offense was accompanied by 
17 exceptionally brutal or heinous behavior indicative of 
18 wanton cruelty; or
19  (3) When a defendant is convicted of any felony 
20 committed against:
21   (i) a person under 12 years of age at the time of 
22 the offense or such person's property;
23   (ii) a person 60 years of age or older at the time 
24 of the offense or such person's property; or
25   (iii) a person who had a physical disability at 
26 the time of the offense or such person's property; or
 
 
SB3200- 400 -LRB103 39081 RLC 69219 b


1  (4) When a defendant is convicted of any felony and 
2 the offense involved any of the following types of 
3 specific misconduct committed as part of a ceremony, rite, 
4 initiation, observance, performance, practice or activity 
5 of any actual or ostensible religious, fraternal, or 
6 social group:
7   (i) the brutalizing or torturing of humans or 
8 animals;
9   (ii) the theft of human corpses;
10   (iii) the kidnapping of humans;
11   (iv) the desecration of any cemetery, religious, 
12 fraternal, business, governmental, educational, or 
13 other building or property; or
14   (v) ritualized abuse of a child; or
15  (5) When a defendant is convicted of a felony other 
16 than conspiracy and the court finds that the felony was 
17 committed under an agreement with 2 or more other persons 
18 to commit that offense and the defendant, with respect to 
19 the other individuals, occupied a position of organizer, 
20 supervisor, financier, or any other position of management 
21 or leadership, and the court further finds that the felony 
22 committed was related to or in furtherance of the criminal 
23 activities of an organized gang or was motivated by the 
24 defendant's leadership in an organized gang; or
25  (6) When a defendant is convicted of an offense 
26 committed while using a firearm with a laser sight 
 
 
SB3200- 401 -LRB103 39081 RLC 69219 b


1 attached to it. For purposes of this paragraph, "laser 
2 sight" has the meaning ascribed to it in Section 26-7 of 
3 the Criminal Code of 2012; or
4  (7) When a defendant who was at least 17 years of age 
5 at the time of the commission of the offense is convicted 
6 of a felony and has been previously adjudicated a 
7 delinquent minor under the Juvenile Court Act of 1987 for 
8 an act that if committed by an adult would be a Class X or 
9 Class 1 felony when the conviction has occurred within 10 
10 years after the previous adjudication, excluding time 
11 spent in custody; or
12  (8) When a defendant commits any felony and the 
13 defendant used, possessed, exercised control over, or 
14 otherwise directed an animal to assault a law enforcement 
15 officer engaged in the execution of his or her official 
16 duties or in furtherance of the criminal activities of an 
17 organized gang in which the defendant is engaged; or 
18  (9) When a defendant commits any felony and the 
19 defendant knowingly video or audio records the offense 
20 with the intent to disseminate the recording. 
21 (c) The following factors may be considered by the court 
22as reasons to impose an extended term sentence under Section 
235-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
24offenses:
25  (1) When a defendant is convicted of first degree 
26 murder, after having been previously convicted in Illinois 
 
 
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1 of any offense listed under paragraph (c)(2) of Section 
2 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
3 occurred within 10 years after the previous conviction, 
4 excluding time spent in custody, and the charges are 
5 separately brought and tried and arise out of different 
6 series of acts.
7  (1.5) When a defendant is convicted of first degree 
8 murder, after having been previously convicted of domestic 
9 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
10 (720 ILCS 5/12-3.3) committed on the same victim or after 
11 having been previously convicted of violation of an order 
12 of protection (720 ILCS 5/12-30) in which the same victim 
13 was the protected person. 
14  (2) When a defendant is convicted of voluntary 
15 manslaughter, second degree murder, involuntary 
16 manslaughter, or reckless homicide in which the defendant 
17 has been convicted of causing the death of more than one 
18 individual.
19  (3) When a defendant is convicted of aggravated 
20 criminal sexual assault or criminal sexual assault, when 
21 there is a finding that aggravated criminal sexual assault 
22 or criminal sexual assault was also committed on the same 
23 victim by one or more other individuals, and the defendant 
24 voluntarily participated in the crime with the knowledge 
25 of the participation of the others in the crime, and the 
26 commission of the crime was part of a single course of 
 
 
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1 conduct during which there was no substantial change in 
2 the nature of the criminal objective.
3  (4) If the victim was under 18 years of age at the time 
4 of the commission of the offense, when a defendant is 
5 convicted of aggravated criminal sexual assault or 
6 predatory criminal sexual assault of a child under 
7 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
8 of Section 12-14.1 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
10  (5) When a defendant is convicted of a felony 
11 violation of Section 24-1 of the Criminal Code of 1961 or 
12 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
13 finding that the defendant is a member of an organized 
14 gang.
15  (6) When a defendant was convicted of unlawful use of 
16 weapons under Section 24-1 of the Criminal Code of 1961 or 
17 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
18 a weapon that is not readily distinguishable as one of the 
19 weapons enumerated in Section 24-1 of the Criminal Code of 
20 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
21  (7) When a defendant is convicted of an offense 
22 involving the illegal manufacture of a controlled 
23 substance under Section 401 of the Illinois Controlled 
24 Substances Act (720 ILCS 570/401), the illegal manufacture 
25 of methamphetamine under Section 25 of the Methamphetamine 
26 Control and Community Protection Act (720 ILCS 646/25), or 
 
 
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1 the illegal possession of explosives and an emergency 
2 response officer in the performance of his or her duties 
3 is killed or injured at the scene of the offense while 
4 responding to the emergency caused by the commission of 
5 the offense. In this paragraph, "emergency" means a 
6 situation in which a person's life, health, or safety is 
7 in jeopardy; and "emergency response officer" means a 
8 peace officer, community policing volunteer, fireman, 
9 emergency medical technician-ambulance, emergency medical 
10 technician-intermediate, emergency medical 
11 technician-paramedic, ambulance driver, other medical 
12 assistance or first aid personnel, or hospital emergency 
13 room personnel. 
14  (8) When the defendant is convicted of attempted mob 
15 action, solicitation to commit mob action, or conspiracy 
16 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
17 Criminal Code of 2012, where the criminal object is a 
18 violation of Section 25-1 of the Criminal Code of 2012, 
19 and an electronic communication is used in the commission 
20 of the offense. For the purposes of this paragraph (8), 
21 "electronic communication" shall have the meaning provided 
22 in Section 26.5-0.1 of the Criminal Code of 2012. 
23 (d) For the purposes of this Section, "organized gang" has 
24the meaning ascribed to it in Section 10 of the Illinois 
25Streetgang Terrorism Omnibus Prevention Act.
26 (e) The court may impose an extended term sentence under 
 
 
SB3200- 405 -LRB103 39081 RLC 69219 b


1Article 4.5 of Chapter V upon an offender who has been 
2convicted of a felony violation of Section 11-1.20, 11-1.30, 
311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
412-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
5when the victim of the offense is under 18 years of age at the 
6time of the commission of the offense and, during the 
7commission of the offense, the victim was under the influence 
8of alcohol, regardless of whether or not the alcohol was 
9supplied by the offender; and the offender, at the time of the 
10commission of the offense, knew or should have known that the 
11victim had consumed alcohol. 
12(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
13101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
148-20-21; 102-982, eff. 7-1-23.)

15 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
16 Sec. 5-6-3. Conditions of probation and of conditional 
17discharge. 
18 (a) The conditions of probation and of conditional 
19discharge shall be that the person: 
20  (1) not violate any criminal statute of any 
21 jurisdiction; 
22  (2) report to or appear in person before such person 
23 or agency as directed by the court. To comply with the 
24 provisions of this paragraph (2), in lieu of requiring the 
25 person on probation or conditional discharge to appear in 
 
 
SB3200- 406 -LRB103 39081 RLC 69219 b


1 person for the required reporting or meetings, the officer 
2 may utilize technology, including cellular and other 
3 electronic communication devices or platforms, that allow 
4 for communication between the supervised person and the 
5 officer in accordance with standards and guidelines 
6 established by the Administrative Office of the Illinois 
7 Courts; 
8  (3) refrain from possessing a firearm or other 
9 dangerous weapon where the offense is a felony or, if a 
10 misdemeanor, the offense involved the intentional or 
11 knowing infliction of bodily harm or threat of bodily 
12 harm; 
13  (4) not leave the State without the consent of the 
14 court or, in circumstances in which the reason for the 
15 absence is of such an emergency nature that prior consent 
16 by the court is not possible, without the prior 
17 notification and approval of the person's probation 
18 officer. Transfer of a person's probation or conditional 
19 discharge supervision to another state is subject to 
20 acceptance by the other state pursuant to the Interstate 
21 Compact for Adult Offender Supervision; 
22  (5) permit the probation officer to visit him at his 
23 home or elsewhere to the extent necessary to discharge his 
24 duties; 
25  (6) perform no less than 30 hours of community service 
26 and not more than 120 hours of community service, if 
 
 
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1 community service is available in the jurisdiction and is 
2 funded and approved by the county board where the offense 
3 was committed, where the offense was related to or in 
4 furtherance of the criminal activities of an organized 
5 gang and was motivated by the offender's membership in or 
6 allegiance to an organized gang. The community service 
7 shall include, but not be limited to, the cleanup and 
8 repair of any damage caused by a violation of Section 
9 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
10 2012 and similar damage to property located within the 
11 municipality or county in which the violation occurred. 
12 When possible and reasonable, the community service should 
13 be performed in the offender's neighborhood. For purposes 
14 of this Section, "organized gang" has the meaning ascribed 
15 to it in Section 10 of the Illinois Streetgang Terrorism 
16 Omnibus Prevention Act. The court may give credit toward 
17 the fulfillment of community service hours for 
18 participation in activities and treatment as determined by 
19 court services. Community service shall not interfere with 
20 the school hours, school-related activities, or work 
21 commitments of the minor or the minor's parent, guardian, 
22 or legal custodian; 
23  (7) if he or she is at least 17 years of age and has 
24 been sentenced to probation or conditional discharge for a 
25 misdemeanor or felony in a county of 3,000,000 or more 
26 inhabitants and has not been previously convicted of a 
 
 
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1 misdemeanor or felony, may be required by the sentencing 
2 court to attend educational courses designed to prepare 
3 the defendant for a high school diploma and to work toward 
4 a high school diploma or to work toward passing high 
5 school equivalency testing or to work toward completing a 
6 vocational training program approved by the court. The 
7 person on probation or conditional discharge must attend a 
8 public institution of education to obtain the educational 
9 or vocational training required by this paragraph (7). The 
10 court shall revoke the probation or conditional discharge 
11 of a person who willfully fails to comply with this 
12 paragraph (7). The person on probation or conditional 
13 discharge shall be required to pay for the cost of the 
14 educational courses or high school equivalency testing if 
15 a fee is charged for those courses or testing. The court 
16 shall resentence the offender whose probation or 
17 conditional discharge has been revoked as provided in 
18 Section 5-6-4. This paragraph (7) does not apply to a 
19 person who has a high school diploma or has successfully 
20 passed high school equivalency testing. This paragraph (7) 
21 does not apply to a person who is determined by the court 
22 to be a person with a developmental disability or 
23 otherwise mentally incapable of completing the educational 
24 or vocational program; 
25  (8) if convicted of possession of a substance 
26 prohibited by the Cannabis Control Act, the Illinois 
 
 
SB3200- 409 -LRB103 39081 RLC 69219 b


1 Controlled Substances Act, or the Methamphetamine Control 
2 and Community Protection Act after a previous conviction 
3 or disposition of supervision for possession of a 
4 substance prohibited by the Cannabis Control Act or 
5 Illinois Controlled Substances Act or after a sentence of 
6 probation under Section 10 of the Cannabis Control Act, 
7 Section 410 of the Illinois Controlled Substances Act, or 
8 Section 70 of the Methamphetamine Control and Community 
9 Protection Act and upon a finding by the court that the 
10 person is addicted, undergo treatment at a substance abuse 
11 program approved by the court; 
12  (8.5) if convicted of a felony sex offense as defined 
13 in the Sex Offender Management Board Act, the person shall 
14 undergo and successfully complete sex offender treatment 
15 by a treatment provider approved by the Board and 
16 conducted in conformance with the standards developed 
17 under the Sex Offender Management Board Act;
18  (8.6) if convicted of a sex offense as defined in the 
19 Sex Offender Management Board Act, refrain from residing 
20 at the same address or in the same condominium unit or 
21 apartment unit or in the same condominium complex or 
22 apartment complex with another person he or she knows or 
23 reasonably should know is a convicted sex offender or has 
24 been placed on supervision for a sex offense; the 
25 provisions of this paragraph do not apply to a person 
26 convicted of a sex offense who is placed in a Department of 
 
 
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1 Corrections licensed transitional housing facility for sex 
2 offenders;
3  (8.7) if convicted for an offense committed on or 
4 after June 1, 2008 (the effective date of Public Act 
5 95-464) that would qualify the accused as a child sex 
6 offender as defined in Section 11-9.3 or 11-9.4 of the 
7 Criminal Code of 1961 or the Criminal Code of 2012, 
8 refrain from communicating with or contacting, by means of 
9 the Internet, a person who is not related to the accused 
10 and whom the accused reasonably believes to be under 18 
11 years of age; for purposes of this paragraph (8.7), 
12 "Internet" has the meaning ascribed to it in Section 
13 16-0.1 of the Criminal Code of 2012; and a person is not 
14 related to the accused if the person is not: (i) the 
15 spouse, brother, or sister of the accused; (ii) a 
16 descendant of the accused; (iii) a first or second cousin 
17 of the accused; or (iv) a step-child or adopted child of 
18 the accused;
19  (8.8) if convicted for an offense under Section 11-6, 
20 11-9.1, 11-14.4 that involves soliciting for a juvenile 
21 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
22 of the Criminal Code of 1961 or the Criminal Code of 2012, 
23 or any attempt to commit any of these offenses, committed 
24 on or after June 1, 2009 (the effective date of Public Act 
25 95-983):
26   (i) not access or use a computer or any other 
 
 
SB3200- 411 -LRB103 39081 RLC 69219 b


1 device with Internet capability without the prior 
2 written approval of the offender's probation officer, 
3 except in connection with the offender's employment or 
4 search for employment with the prior approval of the 
5 offender's probation officer;
6   (ii) submit to periodic unannounced examinations 
7 of the offender's computer or any other device with 
8 Internet capability by the offender's probation 
9 officer, a law enforcement officer, or assigned 
10 computer or information technology specialist, 
11 including the retrieval and copying of all data from 
12 the computer or device and any internal or external 
13 peripherals and removal of such information, 
14 equipment, or device to conduct a more thorough 
15 inspection;
16   (iii) submit to the installation on the offender's 
17 computer or device with Internet capability, at the 
18 offender's expense, of one or more hardware or 
19 software systems to monitor the Internet use; and
20   (iv) submit to any other appropriate restrictions 
21 concerning the offender's use of or access to a 
22 computer or any other device with Internet capability 
23 imposed by the offender's probation officer; 
24  (8.9) if convicted of a sex offense as defined in the 
25 Sex Offender Registration Act committed on or after 
26 January 1, 2010 (the effective date of Public Act 96-262), 
 
 
SB3200- 412 -LRB103 39081 RLC 69219 b


1 refrain from accessing or using a social networking 
2 website as defined in Section 17-0.5 of the Criminal Code 
3 of 2012; 
4  (9) if convicted of a felony or of any misdemeanor 
5 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
6 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
7 2012 that was determined, pursuant to Section 112A-11.1 of 
8 the Code of Criminal Procedure of 1963, to trigger the 
9 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
10 at a time and place designated by the court, his or her 
11 Firearm Owner's Identification Card and any and all 
12 firearms in his or her possession. The Court shall return 
13 to the Illinois State Police Firearm Owner's 
14 Identification Card Office the person's Firearm Owner's 
15 Identification Card; 
16  (10) if convicted of a sex offense as defined in 
17 subsection (a-5) of Section 3-1-2 of this Code, unless the 
18 offender is a parent or guardian of the person under 18 
19 years of age present in the home and no non-familial 
20 minors are present, not participate in a holiday event 
21 involving children under 18 years of age, such as 
22 distributing candy or other items to children on 
23 Halloween, wearing a Santa Claus costume on or preceding 
24 Christmas, being employed as a department store Santa 
25 Claus, or wearing an Easter Bunny costume on or preceding 
26 Easter; 
 
 
SB3200- 413 -LRB103 39081 RLC 69219 b


1  (11) if convicted of a sex offense as defined in 
2 Section 2 of the Sex Offender Registration Act committed 
3 on or after January 1, 2010 (the effective date of Public 
4 Act 96-362) that requires the person to register as a sex 
5 offender under that Act, may not knowingly use any 
6 computer scrub software on any computer that the sex 
7 offender uses; 
8  (12) if convicted of a violation of the 
9 Methamphetamine Control and Community Protection Act, the 
10 Methamphetamine Precursor Control Act, or a 
11 methamphetamine related offense:
12   (A) prohibited from purchasing, possessing, or 
13 having under his or her control any product containing 
14 pseudoephedrine unless prescribed by a physician; and
15   (B) prohibited from purchasing, possessing, or 
16 having under his or her control any product containing 
17 ammonium nitrate; and
18  (13) if convicted of a hate crime involving the 
19 protected class identified in subsection (a) of Section 
20 12-7.1 of the Criminal Code of 2012 that gave rise to the 
21 offense the offender committed, perform public or 
22 community service of no less than 200 hours and enroll in 
23 an educational program discouraging hate crimes that 
24 includes racial, ethnic, and cultural sensitivity training 
25 ordered by the court. 
26 (b) The Court may in addition to other reasonable 
 
 
SB3200- 414 -LRB103 39081 RLC 69219 b


1conditions relating to the nature of the offense or the 
2rehabilitation of the defendant as determined for each 
3defendant in the proper discretion of the Court require that 
4the person: 
5  (1) serve a term of periodic imprisonment under 
6 Article 7 for a period not to exceed that specified in 
7 paragraph (d) of Section 5-7-1; 
8  (2) pay a fine and costs; 
9  (3) work or pursue a course of study or vocational 
10 training; 
11  (4) undergo medical, psychological or psychiatric 
12 treatment; or treatment for drug addiction or alcoholism; 
13  (5) attend or reside in a facility established for the 
14 instruction or residence of defendants on probation; 
15  (6) support his dependents; 
16  (7) and in addition, if a minor: 
17   (i) reside with his parents or in a foster home; 
18   (ii) attend school; 
19   (iii) attend a non-residential program for youth; 
20   (iv) provide nonfinancial contributions to his own 
21 support at home or in a foster home; 
22   (v) with the consent of the superintendent of the 
23 facility, attend an educational program at a facility 
24 other than the school in which the offense was 
25 committed if he or she is convicted of a crime of 
26 violence as defined in Section 2 of the Crime Victims 
 
 
SB3200- 415 -LRB103 39081 RLC 69219 b


1 Compensation Act committed in a school, on the real 
2 property comprising a school, or within 1,000 feet of 
3 the real property comprising a school; 
4  (8) make restitution as provided in Section 5-5-6 of 
5 this Code; 
6  (9) perform some reasonable public or community 
7 service; 
8  (10) serve a term of home confinement. In addition to 
9 any other applicable condition of probation or conditional 
10 discharge, the conditions of home confinement shall be 
11 that the offender: 
12   (i) remain within the interior premises of the 
13 place designated for his confinement during the hours 
14 designated by the court; 
15   (ii) admit any person or agent designated by the 
16 court into the offender's place of confinement at any 
17 time for purposes of verifying the offender's 
18 compliance with the conditions of his confinement; and 
19   (iii) if further deemed necessary by the court or 
20 the probation or court services department Probation 
21 or Court Services Department, be placed on an approved 
22 electronic monitoring device, subject to Article 8A of 
23 Chapter V; 
24   (iv) for persons convicted of any alcohol, 
25 cannabis or controlled substance violation who are 
26 placed on an approved monitoring device as a condition 
 
 
SB3200- 416 -LRB103 39081 RLC 69219 b


1 of probation or conditional discharge, the court shall 
2 impose a reasonable fee for each day of the use of the 
3 device, as established by the county board in 
4 subsection (g) of this Section, unless after 
5 determining the inability of the offender to pay the 
6 fee, the court assesses a lesser fee or no fee as the 
7 case may be. This fee shall be imposed in addition to 
8 the fees imposed under subsections (g) and (i) of this 
9 Section. The fee shall be collected by the clerk of the 
10 circuit court, except as provided in an administrative 
11 order of the Chief Judge of the circuit court. The 
12 clerk of the circuit court shall pay all monies 
13 collected from this fee to the county treasurer for 
14 deposit in the substance abuse services fund under 
15 Section 5-1086.1 of the Counties Code, except as 
16 provided in an administrative order of the Chief Judge 
17 of the circuit court.
18   The Chief Judge of the circuit court of the county 
19 may by administrative order establish a program for 
20 electronic monitoring of offenders, in which a vendor 
21 supplies and monitors the operation of the electronic 
22 monitoring device, and collects the fees on behalf of 
23 the county. The program shall include provisions for 
24 indigent offenders and the collection of unpaid fees. 
25 The program shall not unduly burden the offender and 
26 shall be subject to review by the Chief Judge.
 
 
SB3200- 417 -LRB103 39081 RLC 69219 b


1   The Chief Judge of the circuit court may suspend 
2 any additional charges or fees for late payment, 
3 interest, or damage to any device; and 
4   (v) for persons convicted of offenses other than 
5 those referenced in clause (iv) above and who are 
6 placed on an approved monitoring device as a condition 
7 of probation or conditional discharge, the court shall 
8 impose a reasonable fee for each day of the use of the 
9 device, as established by the county board in 
10 subsection (g) of this Section, unless after 
11 determining the inability of the defendant to pay the 
12 fee, the court assesses a lesser fee or no fee as the 
13 case may be. This fee shall be imposed in addition to 
14 the fees imposed under subsections (g) and (i) of this 
15 Section. The fee shall be collected by the clerk of the 
16 circuit court, except as provided in an administrative 
17 order of the Chief Judge of the circuit court. The 
18 clerk of the circuit court shall pay all monies 
19 collected from this fee to the county treasurer who 
20 shall use the monies collected to defray the costs of 
21 corrections. The county treasurer shall deposit the 
22 fee collected in the probation and court services 
23 fund. The Chief Judge of the circuit court of the 
24 county may by administrative order establish a program 
25 for electronic monitoring of offenders, in which a 
26 vendor supplies and monitors the operation of the 
 
 
SB3200- 418 -LRB103 39081 RLC 69219 b


1 electronic monitoring device, and collects the fees on 
2 behalf of the county. The program shall include 
3 provisions for indigent offenders and the collection 
4 of unpaid fees. The program shall not unduly burden 
5 the offender and shall be subject to review by the 
6 Chief Judge. 
7   The Chief Judge of the circuit court may suspend 
8 any additional charges or fees for late payment, 
9 interest, or damage to any device. 
10  (11) comply with the terms and conditions of an order 
11 of protection issued by the court pursuant to the Illinois 
12 Domestic Violence Act of 1986, as now or hereafter 
13 amended, or an order of protection issued by the court of 
14 another state, tribe, or United States territory. A copy 
15 of the order of protection shall be transmitted to the 
16 probation officer or agency having responsibility for the 
17 case; 
18  (12) reimburse any "local anti-crime program" as 
19 defined in Section 7 of the Anti-Crime Advisory Council 
20 Act for any reasonable expenses incurred by the program on 
21 the offender's case, not to exceed the maximum amount of 
22 the fine authorized for the offense for which the 
23 defendant was sentenced; 
24  (13) contribute a reasonable sum of money, not to 
25 exceed the maximum amount of the fine authorized for the 
26 offense for which the defendant was sentenced, (i) to a 
 
 
SB3200- 419 -LRB103 39081 RLC 69219 b


1 "local anti-crime program", as defined in Section 7 of the 
2 Anti-Crime Advisory Council Act, or (ii) for offenses 
3 under the jurisdiction of the Department of Natural 
4 Resources, to the fund established by the Department of 
5 Natural Resources for the purchase of evidence for 
6 investigation purposes and to conduct investigations as 
7 outlined in Section 805-105 of the Department of Natural 
8 Resources (Conservation) Law; 
9  (14) refrain from entering into a designated 
10 geographic area except upon such terms as the court finds 
11 appropriate. Such terms may include consideration of the 
12 purpose of the entry, the time of day, other persons 
13 accompanying the defendant, and advance approval by a 
14 probation officer, if the defendant has been placed on 
15 probation or advance approval by the court, if the 
16 defendant was placed on conditional discharge; 
17  (15) refrain from having any contact, directly or 
18 indirectly, with certain specified persons or particular 
19 types of persons, including, but not limited to, members 
20 of street gangs and drug users or dealers; 
21  (16) refrain from having in his or her body the 
22 presence of any illicit drug prohibited by the Illinois 
23 Controlled Substances Act or the Methamphetamine Control 
24 and Community Protection Act, unless prescribed by a 
25 physician, and submit samples of his or her blood or urine 
26 or both for tests to determine the presence of any illicit 
 
 
SB3200- 420 -LRB103 39081 RLC 69219 b


1 drug;
2  (17) if convicted for an offense committed on or after 
3 June 1, 2008 (the effective date of Public Act 95-464) 
4 that would qualify the accused as a child sex offender as 
5 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
6 of 1961 or the Criminal Code of 2012, refrain from 
7 communicating with or contacting, by means of the 
8 Internet, a person who is related to the accused and whom 
9 the accused reasonably believes to be under 18 years of 
10 age; for purposes of this paragraph (17), "Internet" has 
11 the meaning ascribed to it in Section 16-0.1 of the 
12 Criminal Code of 2012; and a person is related to the 
13 accused if the person is: (i) the spouse, brother, or 
14 sister of the accused; (ii) a descendant of the accused; 
15 (iii) a first or second cousin of the accused; or (iv) a 
16 step-child or adopted child of the accused;
17  (18) if convicted for an offense committed on or after 
18 June 1, 2009 (the effective date of Public Act 95-983) 
19 that would qualify as a sex offense as defined in the Sex 
20 Offender Registration Act:
21   (i) not access or use a computer or any other 
22 device with Internet capability without the prior 
23 written approval of the offender's probation officer, 
24 except in connection with the offender's employment or 
25 search for employment with the prior approval of the 
26 offender's probation officer;
 
 
SB3200- 421 -LRB103 39081 RLC 69219 b


1   (ii) submit to periodic unannounced examinations 
2 of the offender's computer or any other device with 
3 Internet capability by the offender's probation 
4 officer, a law enforcement officer, or assigned 
5 computer or information technology specialist, 
6 including the retrieval and copying of all data from 
7 the computer or device and any internal or external 
8 peripherals and removal of such information, 
9 equipment, or device to conduct a more thorough 
10 inspection;
11   (iii) submit to the installation on the offender's 
12 computer or device with Internet capability, at the 
13 subject's expense, of one or more hardware or software 
14 systems to monitor the Internet use; and
15   (iv) submit to any other appropriate restrictions 
16 concerning the offender's use of or access to a 
17 computer or any other device with Internet capability 
18 imposed by the offender's probation officer; and 
19  (19) refrain from possessing a firearm or other 
20 dangerous weapon where the offense is a misdemeanor that 
21 did not involve the intentional or knowing infliction of 
22 bodily harm or threat of bodily harm. 
23 (c) The court may as a condition of probation or of 
24conditional discharge require that a person under 18 years of 
25age found guilty of any alcohol, cannabis or controlled 
26substance violation, refrain from acquiring a driver's license 
 
 
SB3200- 422 -LRB103 39081 RLC 69219 b


1during the period of probation or conditional discharge. If 
2such person is in possession of a permit or license, the court 
3may require that the minor refrain from driving or operating 
4any motor vehicle during the period of probation or 
5conditional discharge, except as may be necessary in the 
6course of the minor's lawful employment. 
7 (d) An offender sentenced to probation or to conditional 
8discharge shall be given a certificate setting forth the 
9conditions thereof. 
10 (e) Except where the offender has committed a fourth or 
11subsequent violation of subsection (c) of Section 6-303 of the 
12Illinois Vehicle Code, the court shall not require as a 
13condition of the sentence of probation or conditional 
14discharge that the offender be committed to a period of 
15imprisonment in excess of 6 months. This 6-month limit shall 
16not include periods of confinement given pursuant to a 
17sentence of county impact incarceration under Section 5-8-1.2.
18 Persons committed to imprisonment as a condition of 
19probation or conditional discharge shall not be committed to 
20the Department of Corrections. 
21 (f) The court may combine a sentence of periodic 
22imprisonment under Article 7 or a sentence to a county impact 
23incarceration program under Article 8 with a sentence of 
24probation or conditional discharge. 
25 (g) An offender sentenced to probation or to conditional 
26discharge and who during the term of either undergoes 
 
 
SB3200- 423 -LRB103 39081 RLC 69219 b


1mandatory drug or alcohol testing, or both, or is assigned to 
2be placed on an approved electronic monitoring device, shall 
3be ordered to pay all costs incidental to such mandatory drug 
4or alcohol testing, or both, and all costs incidental to such 
5approved electronic monitoring in accordance with the 
6defendant's ability to pay those costs. The county board with 
7the concurrence of the Chief Judge of the judicial circuit in 
8which the county is located shall establish reasonable fees 
9for the cost of maintenance, testing, and incidental expenses 
10related to the mandatory drug or alcohol testing, or both, and 
11all costs incidental to approved electronic monitoring, 
12involved in a successful probation program for the county. The 
13concurrence of the Chief Judge shall be in the form of an 
14administrative order. The fees shall be collected by the clerk 
15of the circuit court, except as provided in an administrative 
16order of the Chief Judge of the circuit court. The clerk of the 
17circuit court shall pay all moneys collected from these fees 
18to the county treasurer who shall use the moneys collected to 
19defray the costs of drug testing, alcohol testing, and 
20electronic monitoring. The county treasurer shall deposit the 
21fees collected in the county working cash fund under Section 
226-27001 or Section 6-29002 of the Counties Code, as the case 
23may be. The Chief Judge of the circuit court of the county may 
24by administrative order establish a program for electronic 
25monitoring of offenders, in which a vendor supplies and 
26monitors the operation of the electronic monitoring device, 
 
 
SB3200- 424 -LRB103 39081 RLC 69219 b


1and collects the fees on behalf of the county. The program 
2shall include provisions for indigent offenders and the 
3collection of unpaid fees. The program shall not unduly burden 
4the offender and shall be subject to review by the Chief Judge. 
5A person shall not be assessed costs or fees for mandatory 
6testing for drugs, alcohol, or both, if the person is an 
7indigent person as defined in paragraph (2) of subsection (a) 
8of Section 5-105 of the Code of Civil Procedure.
9 The Chief Judge of the circuit court may suspend any 
10additional charges or fees for late payment, interest, or 
11damage to any device. 
12 (h) Jurisdiction over an offender may be transferred from 
13the sentencing court to the court of another circuit with the 
14concurrence of both courts. Further transfers or retransfers 
15of jurisdiction are also authorized in the same manner. The 
16court to which jurisdiction has been transferred shall have 
17the same powers as the sentencing court. The probation 
18department within the circuit to which jurisdiction has been 
19transferred, or which has agreed to provide supervision, may 
20impose probation fees upon receiving the transferred offender, 
21as provided in subsection (i). For all transfer cases, as 
22defined in Section 9b of the Probation and Probation Officers 
23Act, the probation department from the original sentencing 
24court shall retain all probation fees collected prior to the 
25transfer. After the transfer, all probation fees shall be paid 
26to the probation department within the circuit to which 
 
 
SB3200- 425 -LRB103 39081 RLC 69219 b


1jurisdiction has been transferred.
2 (i) The court shall impose upon an offender sentenced to 
3probation after January 1, 1989 or to conditional discharge 
4after January 1, 1992 or to community service under the 
5supervision of a probation or court services department after 
6January 1, 2004, as a condition of such probation or 
7conditional discharge or supervised community service, a fee 
8of $50 for each month of probation or conditional discharge 
9supervision or supervised community service ordered by the 
10court, unless after determining the inability of the person 
11sentenced to probation or conditional discharge or supervised 
12community service to pay the fee, the court assesses a lesser 
13fee. The court may not impose the fee on a minor who is placed 
14in the guardianship or custody of the Department of Children 
15and Family Services under the Juvenile Court Act of 1987 while 
16the minor is in placement. The fee shall be imposed only upon 
17an offender who is actively supervised by the probation and 
18court services department. The fee shall be collected by the 
19clerk of the circuit court. The clerk of the circuit court 
20shall pay all monies collected from this fee to the county 
21treasurer for deposit in the probation and court services fund 
22under Section 15.1 of the Probation and Probation Officers 
23Act. 
24 A circuit court may not impose a probation fee under this 
25subsection (i) in excess of $25 per month unless the circuit 
26court has adopted, by administrative order issued by the Chief 
 
 
SB3200- 426 -LRB103 39081 RLC 69219 b


1Judge chief judge, a standard probation fee guide determining 
2an offender's ability to pay. Of the amount collected as a 
3probation fee, up to $5 of that fee collected per month may be 
4used to provide services to crime victims and their families.
5 The Court may only waive probation fees based on an 
6offender's ability to pay. The probation department may 
7re-evaluate an offender's ability to pay every 6 months, and, 
8with the approval of the Director of Court Services or the 
9Chief Probation Officer, adjust the monthly fee amount. An 
10offender may elect to pay probation fees due in a lump sum. Any 
11offender that has been assigned to the supervision of a 
12probation department, or has been transferred either under 
13subsection (h) of this Section or under any interstate 
14compact, shall be required to pay probation fees to the 
15department supervising the offender, based on the offender's 
16ability to pay. 
17 Public Act 93-970 deletes the $10 increase in the fee 
18under this subsection that was imposed by Public Act 93-616. 
19This deletion is intended to control over any other Act of the 
2093rd General Assembly that retains or incorporates that fee 
21increase.
22 (i-5) In addition to the fees imposed under subsection (i) 
23of this Section, in the case of an offender convicted of a 
24felony sex offense (as defined in the Sex Offender Management 
25Board Act) or an offense that the court or probation 
26department has determined to be sexually motivated (as defined 
 
 
SB3200- 427 -LRB103 39081 RLC 69219 b


1in the Sex Offender Management Board Act), the court or the 
2probation department shall assess additional fees to pay for 
3all costs of treatment, assessment, evaluation for risk and 
4treatment, and monitoring the offender, based on that 
5offender's ability to pay those costs either as they occur or 
6under a payment plan.
7 (j) All fines and costs imposed under this Section for any 
8violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
9Code, or a similar provision of a local ordinance, and any 
10violation of the Child Passenger Protection Act, or a similar 
11provision of a local ordinance, shall be collected and 
12disbursed by the circuit clerk as provided under the Criminal 
13and Traffic Assessment Act. 
14 (k) Any offender who is sentenced to probation or 
15conditional discharge for a felony sex offense as defined in 
16the Sex Offender Management Board Act or any offense that the 
17court or probation department has determined to be sexually 
18motivated as defined in the Sex Offender Management Board Act 
19shall be required to refrain from any contact, directly or 
20indirectly, with any persons specified by the court and shall 
21be available for all evaluations and treatment programs 
22required by the court or the probation department. 
23 (l) The court may order an offender who is sentenced to 
24probation or conditional discharge for a violation of an order 
25of protection be placed under electronic surveillance as 
26provided in Section 5-8A-7 of this Code.
 
 
SB3200- 428 -LRB103 39081 RLC 69219 b


1 (m) Except for restitution, and assessments issued for 
2adjudications under Section 5-125 of the Juvenile Court Act of 
31987, fines and assessments, such as fees or administrative 
4costs, authorized under this Section shall not be ordered or 
5imposed on a minor subject to Article III, IV, or V of the 
6Juvenile Court Act of 1987, or a minor under the age of 18 
7transferred to adult court or excluded from juvenile court 
8jurisdiction under Article V of the Juvenile Court Act of 
91987, or the minor's parent, guardian, or legal custodian. 
10 (n) (m) A person on probation, conditional discharge, or 
11supervision shall not be ordered to refrain from having 
12cannabis or alcohol in his or her body unless:
13  (1) the person is under 21 years old;
14  (2) the person was sentenced to probation, conditional 
15 discharge, or supervision for an offense which had as an 
16 element of the offense the presence of an intoxicating 
17 compound in the person's body;
18  (3) the person is participating in a problem-solving 
19 court certified by the Illinois Supreme Court;
20  (4) the person has undergone a validated clinical 
21 assessment and the clinical treatment plan includes 
22 alcohol or cannabis testing; or
23  (5) a court ordered evaluation recommends that the 
24 person refrain from using alcohol or cannabis, provided 
25 the evaluation is a validated clinical assessment and the 
26 recommendation originates from a clinical treatment plan.
 
 
SB3200- 429 -LRB103 39081 RLC 69219 b


1 If the court has made findings that alcohol use was a 
2contributing factor in the commission of the underlying 
3offense, the court may order a person on probation, 
4conditional discharge, or supervision to refrain from having 
5alcohol in his or her body during the time between sentencing 
6and the completion of a validated clinical assessment, 
7provided that such order shall not exceed 30 days and shall be 
8terminated if the clinical treatment plan does not recommend 
9abstinence or testing, or both. 
10 In this subsection (n) (m), "validated clinical 
11assessment" and "clinical treatment plan" have the meanings 
12ascribed to them in Section 10 of the Drug Court Treatment Act. 
13 In any instance in which the court orders testing for 
14cannabis or alcohol, the court shall state the reasonable 
15relation the condition has to the person's crime for which the 
16person was placed on probation, conditional discharge, or 
17supervision.
18 (o) (n) A person on probation, conditional discharge, or 
19supervision shall not be ordered to refrain from use or 
20consumption of any substance lawfully prescribed by a medical 
21provider or authorized by the Compassionate Use of Medical 
22Cannabis Program Act, except where use is prohibited in 
23paragraph (3) or (4) of subsection (n) (m). 
24(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 
25103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. 
261-1-24; revised 12-15-23.)

 
 
SB3200- 430 -LRB103 39081 RLC 69219 b


1 (730 ILCS 5/3-2-13 rep.)
2 Section 180. The Unified Code of Corrections is amended by 
3repealing Section 3-2-13.

4 Section 185. The Probation and Probation Officers Act is 
5amended by changing Section 15.2 as follows:

6 (730 ILCS 110/15.2)
7 Sec. 15.2. Retiring probation officer; purchase of service 
8firearm and badge. Each department shall establish a program 
9to allow a probation officer of the department who is 
10honorably retiring in good standing to purchase either one or 
11both of the following: (1) any badge previously issued to the 
12probation officer by the department; or (2) if the probation 
13officer has a currently valid Firearm Owner's Identification 
14Card, the service firearm issued or previously issued to the 
15probation officer by the department. The badge must be 
16permanently and conspicuously marked in such a manner that the 
17individual who possesses the badge is not mistaken for an 
18actively serving law enforcement officer. The cost of the 
19firearm shall be the replacement value of the firearm and not 
20the firearm's fair market value.
21(Source: P.A. 102-719, eff. 5-6-22.)

22 Section 190. The Stalking No Contact Order Act is amended 
 
 
SB3200- 431 -LRB103 39081 RLC 69219 b


1by changing Section 80 as follows:

2 (740 ILCS 21/80)
3 Sec. 80. Stalking no contact orders; remedies.
4 (a) If the court finds that the petitioner has been a 
5victim of stalking, a stalking no contact order shall issue; 
6provided that the petitioner must also satisfy the 
7requirements of Section 95 on emergency orders or Section 100 
8on plenary orders. The petitioner shall not be denied a 
9stalking no contact order because the petitioner or the 
10respondent is a minor. The court, when determining whether or 
11not to issue a stalking no contact order, may not require 
12physical injury on the person of the petitioner. Modification 
13and extension of prior stalking no contact orders shall be in 
14accordance with this Act.
15 (b) A stalking no contact order shall order one or more of 
16the following:
17  (1) prohibit the respondent from threatening to commit 
18 or committing stalking;
19  (2) order the respondent not to have any contact with 
20 the petitioner or a third person specifically named by the 
21 court;
22  (3) prohibit the respondent from knowingly coming 
23 within, or knowingly remaining within a specified distance 
24 of the petitioner or the petitioner's residence, school, 
25 daycare, or place of employment, or any specified place 
 
 
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1 frequented by the petitioner; however, the court may order 
2 the respondent to stay away from the respondent's own 
3 residence, school, or place of employment only if the 
4 respondent has been provided actual notice of the 
5 opportunity to appear and be heard on the petition;
6  (4) prohibit the respondent from possessing a Firearm 
7 Owners Identification Card, or possessing or buying 
8 firearms; and
9  (5) order other injunctive relief the court determines 
10 to be necessary to protect the petitioner or third party 
11 specifically named by the court.
12 (b-5) When the petitioner and the respondent attend the 
13same public, private, or non-public elementary, middle, or 
14high school, the court when issuing a stalking no contact 
15order and providing relief shall consider the severity of the 
16act, any continuing physical danger or emotional distress to 
17the petitioner, the educational rights guaranteed to the 
18petitioner and respondent under federal and State law, the 
19availability of a transfer of the respondent to another 
20school, a change of placement or a change of program of the 
21respondent, the expense, difficulty, and educational 
22disruption that would be caused by a transfer of the 
23respondent to another school, and any other relevant facts of 
24the case. The court may order that the respondent not attend 
25the public, private, or non-public elementary, middle, or high 
26school attended by the petitioner, order that the respondent 
 
 
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1accept a change of placement or program, as determined by the 
2school district or private or non-public school, or place 
3restrictions on the respondent's movements within the school 
4attended by the petitioner. The respondent bears the burden of 
5proving by a preponderance of the evidence that a transfer, 
6change of placement, or change of program of the respondent is 
7not available. The respondent also bears the burden of 
8production with respect to the expense, difficulty, and 
9educational disruption that would be caused by a transfer of 
10the respondent to another school. A transfer, change of 
11placement, or change of program is not unavailable to the 
12respondent solely on the ground that the respondent does not 
13agree with the school district's or private or non-public 
14school's transfer, change of placement, or change of program 
15or solely on the ground that the respondent fails or refuses to 
16consent to or otherwise does not take an action required to 
17effectuate a transfer, change of placement, or change of 
18program. When a court orders a respondent to stay away from the 
19public, private, or non-public school attended by the 
20petitioner and the respondent requests a transfer to another 
21attendance center within the respondent's school district or 
22private or non-public school, the school district or private 
23or non-public school shall have sole discretion to determine 
24the attendance center to which the respondent is transferred. 
25In the event the court order results in a transfer of the minor 
26respondent to another attendance center, a change in the 
 
 
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1respondent's placement, or a change of the respondent's 
2program, the parents, guardian, or legal custodian of the 
3respondent is responsible for transportation and other costs 
4associated with the transfer or change. 
5 (b-6) The court may order the parents, guardian, or legal 
6custodian of a minor respondent to take certain actions or to 
7refrain from taking certain actions to ensure that the 
8respondent complies with the order. In the event the court 
9orders a transfer of the respondent to another school, the 
10parents, guardian, or legal custodian of the respondent are 
11responsible for transportation and other costs associated with 
12the change of school by the respondent. 
13 (b-7) The court shall not hold a school district or 
14private or non-public school or any of its employees in civil 
15or criminal contempt unless the school district or private or 
16non-public school has been allowed to intervene.
17 (b-8) The court may hold the parents, guardian, or legal 
18custodian of a minor respondent in civil or criminal contempt 
19for a violation of any provision of any order entered under 
20this Act for conduct of the minor respondent in violation of 
21this Act if the parents, guardian, or legal custodian 
22directed, encouraged, or assisted the respondent minor in such 
23conduct. 
24 (c) The court may award the petitioner costs and attorneys 
25fees if a stalking no contact order is granted.
26 (d) Monetary damages are not recoverable as a remedy.
 
 
SB3200- 435 -LRB103 39081 RLC 69219 b


1 (e) If the stalking no contact order prohibits the 
2respondent from possessing a Firearm Owner's Identification 
3Card, or possessing or buying firearms; the court shall 
4confiscate the respondent's firearms Firearm Owner's 
5Identification Card and immediately return the card to the 
6Illinois State Police Firearm Owner's Identification Card 
7Office. 
8(Source: P.A. 102-538, eff. 8-20-21.)

9 Section 195. The Mental Health and Developmental 
10Disabilities Confidentiality Act is amended by changing 
11Section 12 as follows:

12 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
13 Sec. 12. (a) If the United States Secret Service or the 
14Illinois State Police requests information from a mental 
15health or developmental disability facility, as defined in 
16Section 1-107 and 1-114 of the Mental Health and Developmental 
17Disabilities Code, relating to a specific recipient and the 
18facility director determines that disclosure of such 
19information may be necessary to protect the life of, or to 
20prevent the infliction of great bodily harm to, a public 
21official, or a person under the protection of the United 
22States Secret Service, only the following information may be 
23disclosed: the recipient's name, address, and age and the date 
24of any admission to or discharge from a facility; and any 
 
 
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1information which would indicate whether or not the recipient 
2has a history of violence or presents a danger of violence to 
3the person under protection. Any information so disclosed 
4shall be used for investigative purposes only and shall not be 
5publicly disseminated. Any person participating in good faith 
6in the disclosure of such information in accordance with this 
7provision shall have immunity from any liability, civil, 
8criminal or otherwise, if such information is disclosed 
9relying upon the representation of an officer of the United 
10States Secret Service or the Illinois State Police that a 
11person is under the protection of the United States Secret 
12Service or is a public official.
13 For the purpose of this subsection (a), the term "public 
14official" means the Governor, Lieutenant Governor, Attorney 
15General, Secretary of State, State Comptroller, State 
16Treasurer, member of the General Assembly, member of the 
17United States Congress, Judge of the United States as defined 
18in 28 U.S.C. 451, Justice of the United States as defined in 28 
19U.S.C. 451, United States Magistrate Judge as defined in 28 
20U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
21Supreme, Appellate, Circuit, or Associate Judge of the State 
22of Illinois. The term shall also include the spouse, child or 
23children of a public official.
24 (b) The Department of Human Services (acting as successor 
25to the Department of Mental Health and Developmental 
26Disabilities) and all public or private hospitals and mental 
 
 
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1health facilities are required, as hereafter described in this 
2subsection, to furnish the Illinois State Police only such 
3information as may be required for the sole purpose of 
4determining whether an individual who may be or may have been a 
5patient is disqualified because of that status from receiving 
6or retaining a firearm under paragraph (4) of subsection (a) 
7of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
8Identification Card or falls within the federal prohibitors 
9under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
10of the Firearm Owners Identification Card Act, or falls within 
11the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
12physicians, clinical psychologists, or qualified examiners at 
13public or private mental health facilities or parts thereof as 
14defined in this subsection shall, in the form and manner 
15required by the Department, provide notice directly to the 
16Department of Human Services, or to his or her employer who 
17shall then report to the Department, within 24 hours after 
18determining that a person poses a clear and present danger to 
19himself, herself, or others, or within 7 days after a person 14 
20years or older is determined to be a person with a 
21developmental disability by a physician, clinical 
22psychologist, or qualified examiner as described in this 
23subsection (b) Section 1.1 of the Firearm Owners 
24Identification Card Act. If a person is a patient as described 
25in clause (2)(A) (1) of the definition of "patient" in this 
26subsection Section 1.1 of the Firearm Owners Identification 
 
 
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1Card Act, this information shall be furnished within 7 days 
2after admission to a public or private hospital or mental 
3health facility or the provision of services. Any such 
4information disclosed under this subsection shall remain 
5privileged and confidential, and shall not be redisclosed, 
6except as required by clause (e)(2) of Section 24-4.5 of the 
7Criminal Code of 2012 subsection (e) of Section 3.1 of the 
8Firearm Owners Identification Card Act, nor utilized for any 
9other purpose. The method of requiring the providing of such 
10information shall guarantee that no information is released 
11beyond what is necessary for this purpose. In addition, the 
12information disclosed shall be provided by the Department 
13within the time period established by Section 24-3 of the 
14Criminal Code of 2012 regarding the delivery of firearms. The 
15method used shall be sufficient to provide the necessary 
16information within the prescribed time period, which may 
17include periodically providing lists to the Department of 
18Human Services or any public or private hospital or mental 
19health facility of Firearm Owner's Identification Card 
20applicants for firearm purchases on which the Department or 
21hospital shall indicate the identities of those individuals 
22who are to its knowledge disqualified from having a firearm 
23Firearm Owner's Identification Card for reasons described 
24herein. The Department may provide for a centralized source of 
25information for the State on this subject under its 
26jurisdiction. The identity of the person reporting under this 
 
 
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1subsection shall not be disclosed to the subject of the 
2report. For the purposes of this subsection, the physician, 
3clinical psychologist, or qualified examiner making the 
4determination and his or her employer shall not be held 
5criminally, civilly, or professionally liable for making or 
6not making the notification required under this subsection, 
7except for willful or wanton misconduct. 
8 Any person, institution, or agency, under this Act, 
9participating in good faith in the reporting or disclosure of 
10records and communications otherwise in accordance with this 
11provision or with rules, regulations or guidelines issued by 
12the Department shall have immunity from any liability, civil, 
13criminal or otherwise, that might result by reason of the 
14action. For the purpose of any proceeding, civil or criminal, 
15arising out of a report or disclosure in accordance with this 
16provision, the good faith of any person, institution, or 
17agency so reporting or disclosing shall be presumed. The full 
18extent of the immunity provided in this subsection (b) shall 
19apply to any person, institution or agency that fails to make a 
20report or disclosure in the good faith belief that the report 
21or disclosure would violate federal regulations governing the 
22confidentiality of alcohol and drug abuse patient records 
23implementing 42 U.S.C. 290dd-3 and 290ee-3.
24 For purposes of this subsection (b) only, the following 
25terms shall have the meaning prescribed:
26  (1) (Blank).
 
 
SB3200- 440 -LRB103 39081 RLC 69219 b


1  (1.3) "Clear and present danger" has the meaning as 
2 defined in Section 6-103.3 of the Mental Health and 
3 Developmental Disabilities Code 1.1 of the Firearm Owners 
4 Identification Card Act. 
5  (1.5) "Person with a developmental disability" has the 
6 meaning as defined in Section 6-103.3 of the Mental Health 
7 and Developmental Disabilities Code 1.1 of the Firearm 
8 Owners Identification Card Act.
9  (2) "Patient" means (A) a person who voluntarily 
10 receives mental health treatment as an in-patient or 
11 resident of any public or private mental health facility, 
12 unless the treatment was solely for an alcohol abuse 
13 disorder and no other secondary substance abuse disorder 
14 or mental illness; or (B) a person who voluntarily 
15 receives mental health treatment as an out-patient or is 
16 provided services by a public or private mental health 
17 facility, and who poses a clear and present danger to 
18 himself, herself, or to others has the meaning as defined 
19 in Section 1.1 of the Firearm Owners Identification Card 
20 Act.
21  (3) "Mental health facility" means any licensed 
22 private hospital or hospital affiliate, institution, or 
23 facility, or part thereof, and any facility, or part 
24 thereof, operated by the State or a political subdivision 
25 thereof which provide treatment of persons with mental 
26 illness and includes all hospitals, institutions, clinics, 
 
 
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1 evaluation facilities, mental health centers, colleges, 
2 universities, long-term care facilities, and nursing 
3 homes, or parts thereof, which provide treatment of 
4 persons with mental illness whether or not the primary 
5 purpose is to provide treatment of persons with mental 
6 illness has the meaning as defined in Section 1.1 of the 
7 Firearm Owners Identification Card Act. 
8 (c) Upon the request of a peace officer who takes a person 
9into custody and transports such person to a mental health or 
10developmental disability facility pursuant to Section 3-606 or 
114-404 of the Mental Health and Developmental Disabilities Code 
12or who transports a person from such facility, a facility 
13director shall furnish said peace officer the name, address, 
14age and name of the nearest relative of the person transported 
15to or from the mental health or developmental disability 
16facility. In no case shall the facility director disclose to 
17the peace officer any information relating to the diagnosis, 
18treatment or evaluation of the person's mental or physical 
19health.
20 For the purposes of this subsection (c), the terms "mental 
21health or developmental disability facility", "peace officer" 
22and "facility director" shall have the meanings ascribed to 
23them in the Mental Health and Developmental Disabilities Code.
24 (d) Upon the request of a peace officer or prosecuting 
25authority who is conducting a bona fide investigation of a 
26criminal offense, or attempting to apprehend a fugitive from 
 
 
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1justice, a facility director may disclose whether a person is 
2present at the facility. Upon request of a peace officer or 
3prosecuting authority who has a valid forcible felony warrant 
4issued, a facility director shall disclose: (1) whether the 
5person who is the subject of the warrant is present at the 
6facility and (2) the date of that person's discharge or future 
7discharge from the facility. The requesting peace officer or 
8prosecuting authority must furnish a case number and the 
9purpose of the investigation or an outstanding arrest warrant 
10at the time of the request. Any person, institution, or agency 
11participating in good faith in disclosing such information in 
12accordance with this subsection (d) is immune from any 
13liability, civil, criminal or otherwise, that might result by 
14reason of the action.
15(Source: P.A. 102-538, eff. 8-20-21.)

16 Section 200. The Illinois Domestic Violence Act of 1986 is 
17amended by changing Sections 210 and 214 as follows:

18 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
19 Sec. 210. Process. 
20 (a) Summons. Any action for an order of protection, 
21whether commenced alone or in conjunction with another 
22proceeding, is a distinct cause of action and requires that a 
23separate summons be issued and served, except that in pending 
24cases the following methods may be used:
 
 
SB3200- 443 -LRB103 39081 RLC 69219 b


1  (1) By delivery of the summons to respondent 
2 personally in open court in pending civil or criminal 
3 cases.
4  (2) By notice in accordance with Section 210.1 in 
5 civil cases in which the defendant has filed a general 
6 appearance.
7 The summons shall be in the form prescribed by Supreme 
8Court Rule 101(d), except that it shall require respondent to 
9answer or appear within 7 days. Attachments to the summons or 
10notice shall include the petition for order of protection and 
11supporting affidavits, if any, and any emergency order of 
12protection that has been issued. The enforcement of an order 
13of protection under Section 223 shall not be affected by the 
14lack of service, delivery, or notice, provided the 
15requirements of subsection (d) of that Section are otherwise 
16met.
17 (b) Blank.
18 (c) Expedited service. The summons shall be served by the 
19sheriff or other law enforcement officer at the earliest time 
20and shall take precedence over other summonses except those of 
21a similar emergency nature. Special process servers may be 
22appointed at any time, and their designation shall not affect 
23the responsibilities and authority of the sheriff or other 
24official process servers. In counties with a population over 
253,000,000, a special process server may not be appointed if 
26the order of protection grants the surrender of a child, the 
 
 
SB3200- 444 -LRB103 39081 RLC 69219 b


1surrender of a firearm or firearm owners identification card, 
2or the exclusive possession of a shared residence.
3 (d) Remedies requiring actual notice. The counseling, 
4payment of support, payment of shelter services, and payment 
5of losses remedies provided by paragraphs 4, 12, 13, and 16 of 
6subsection (b) of Section 214 may be granted only if 
7respondent has been personally served with process, has 
8answered or has made a general appearance.
9 (e) Remedies upon constructive notice. Service of process 
10on a member of respondent's household or by publication shall 
11be adequate for the remedies provided by paragraphs 1, 2, 3, 5, 
126, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section 
13214, but only if: (i) petitioner has made all reasonable 
14efforts to accomplish actual service of process personally 
15upon respondent, but respondent cannot be found to effect such 
16service and (ii) petitioner files an affidavit or presents 
17sworn testimony as to those efforts.
18 (f) Default. A plenary order of protection may be entered 
19by default as follows:
20  (1) For any of the remedies sought in the petition, if 
21 respondent has been served or given notice in accordance 
22 with subsection (a) and if respondent then fails to appear 
23 as directed or fails to appear on any subsequent 
24 appearance or hearing date agreed to by the parties or set 
25 by the court; or
26  (2) For any of the remedies provided in accordance 
 
 
SB3200- 445 -LRB103 39081 RLC 69219 b


1 with subsection (e), if respondent fails to answer or 
2 appear in accordance with the date set in the publication 
3 notice or the return date indicated on the service of a 
4 household member.
5 (g) Emergency orders. If an order is granted under 
6subsection (c) of Section 217, the court shall immediately 
7file a certified copy of the order with the sheriff or other 
8law enforcement official charged with maintaining Department 
9of State Police records.
10(Source: P.A. 101-508, eff. 1-1-20.)

11 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
12 Sec. 214. Order of protection; remedies. 
13 (a) Issuance of order. If the court finds that petitioner 
14has been abused by a family or household member or that 
15petitioner is a high-risk adult who has been abused, 
16neglected, or exploited, as defined in this Act, an order of 
17protection prohibiting the abuse, neglect, or exploitation 
18shall issue; provided that petitioner must also satisfy the 
19requirements of one of the following Sections, as appropriate: 
20Section 217 on emergency orders, Section 218 on interim 
21orders, or Section 219 on plenary orders. Petitioner shall not 
22be denied an order of protection because petitioner or 
23respondent is a minor. The court, when determining whether or 
24not to issue an order of protection, shall not require 
25physical manifestations of abuse on the person of the victim. 
 
 
SB3200- 446 -LRB103 39081 RLC 69219 b


1Modification and extension of prior orders of protection shall 
2be in accordance with this Act.
3 (b) Remedies and standards. The remedies to be included in 
4an order of protection shall be determined in accordance with 
5this Section and one of the following Sections, as 
6appropriate: Section 217 on emergency orders, Section 218 on 
7interim orders, and Section 219 on plenary orders. The 
8remedies listed in this subsection shall be in addition to 
9other civil or criminal remedies available to petitioner.
10  (1) Prohibition of abuse, neglect, or exploitation. 
11 Prohibit respondent's harassment, interference with 
12 personal liberty, intimidation of a dependent, physical 
13 abuse, or willful deprivation, neglect or exploitation, as 
14 defined in this Act, or stalking of the petitioner, as 
15 defined in Section 12-7.3 of the Criminal Code of 2012, if 
16 such abuse, neglect, exploitation, or stalking has 
17 occurred or otherwise appears likely to occur if not 
18 prohibited.
19  (2) Grant of exclusive possession of residence. 
20 Prohibit respondent from entering or remaining in any 
21 residence, household, or premises of the petitioner, 
22 including one owned or leased by respondent, if petitioner 
23 has a right to occupancy thereof. The grant of exclusive 
24 possession of the residence, household, or premises shall 
25 not affect title to real property, nor shall the court be 
26 limited by the standard set forth in subsection (c-2) of 
 
 
SB3200- 447 -LRB103 39081 RLC 69219 b


1 Section 501 of the Illinois Marriage and Dissolution of 
2 Marriage Act.
3   (A) Right to occupancy. A party has a right to 
4 occupancy of a residence or household if it is solely 
5 or jointly owned or leased by that party, that party's 
6 spouse, a person with a legal duty to support that 
7 party or a minor child in that party's care, or by any 
8 person or entity other than the opposing party that 
9 authorizes that party's occupancy (e.g., a domestic 
10 violence shelter). Standards set forth in subparagraph 
11 (B) shall not preclude equitable relief.
12   (B) Presumption of hardships. If petitioner and 
13 respondent each has the right to occupancy of a 
14 residence or household, the court shall balance (i) 
15 the hardships to respondent and any minor child or 
16 dependent adult in respondent's care resulting from 
17 entry of this remedy with (ii) the hardships to 
18 petitioner and any minor child or dependent adult in 
19 petitioner's care resulting from continued exposure to 
20 the risk of abuse (should petitioner remain at the 
21 residence or household) or from loss of possession of 
22 the residence or household (should petitioner leave to 
23 avoid the risk of abuse). When determining the balance 
24 of hardships, the court shall also take into account 
25 the accessibility of the residence or household. 
26 Hardships need not be balanced if respondent does not 
 
 
SB3200- 448 -LRB103 39081 RLC 69219 b


1 have a right to occupancy.
2   The balance of hardships is presumed to favor 
3 possession by petitioner unless the presumption is 
4 rebutted by a preponderance of the evidence, showing 
5 that the hardships to respondent substantially 
6 outweigh the hardships to petitioner and any minor 
7 child or dependent adult in petitioner's care. The 
8 court, on the request of petitioner or on its own 
9 motion, may order respondent to provide suitable, 
10 accessible, alternate housing for petitioner instead 
11 of excluding respondent from a mutual residence or 
12 household.
13  (3) Stay away order and additional prohibitions. Order 
14 respondent to stay away from petitioner or any other 
15 person protected by the order of protection, or prohibit 
16 respondent from entering or remaining present at 
17 petitioner's school, place of employment, or other 
18 specified places at times when petitioner is present, or 
19 both, if reasonable, given the balance of hardships. 
20 Hardships need not be balanced for the court to enter a 
21 stay away order or prohibit entry if respondent has no 
22 right to enter the premises.
23   (A) If an order of protection grants petitioner 
24 exclusive possession of the residence, or prohibits 
25 respondent from entering the residence, or orders 
26 respondent to stay away from petitioner or other 
 
 
SB3200- 449 -LRB103 39081 RLC 69219 b


1 protected persons, then the court may allow respondent 
2 access to the residence to remove items of clothing 
3 and personal adornment used exclusively by respondent, 
4 medications, and other items as the court directs. The 
5 right to access shall be exercised on only one 
6 occasion as the court directs and in the presence of an 
7 agreed-upon adult third party or law enforcement 
8 officer.
9   (B) When the petitioner and the respondent attend 
10 the same public, private, or non-public elementary, 
11 middle, or high school, the court when issuing an 
12 order of protection and providing relief shall 
13 consider the severity of the act, any continuing 
14 physical danger or emotional distress to the 
15 petitioner, the educational rights guaranteed to the 
16 petitioner and respondent under federal and State law, 
17 the availability of a transfer of the respondent to 
18 another school, a change of placement or a change of 
19 program of the respondent, the expense, difficulty, 
20 and educational disruption that would be caused by a 
21 transfer of the respondent to another school, and any 
22 other relevant facts of the case. The court may order 
23 that the respondent not attend the public, private, or 
24 non-public elementary, middle, or high school attended 
25 by the petitioner, order that the respondent accept a 
26 change of placement or change of program, as 
 
 
SB3200- 450 -LRB103 39081 RLC 69219 b


1 determined by the school district or private or 
2 non-public school, or place restrictions on the 
3 respondent's movements within the school attended by 
4 the petitioner. The respondent bears the burden of 
5 proving by a preponderance of the evidence that a 
6 transfer, change of placement, or change of program of 
7 the respondent is not available. The respondent also 
8 bears the burden of production with respect to the 
9 expense, difficulty, and educational disruption that 
10 would be caused by a transfer of the respondent to 
11 another school. A transfer, change of placement, or 
12 change of program is not unavailable to the respondent 
13 solely on the ground that the respondent does not 
14 agree with the school district's or private or 
15 non-public school's transfer, change of placement, or 
16 change of program or solely on the ground that the 
17 respondent fails or refuses to consent or otherwise 
18 does not take an action required to effectuate a 
19 transfer, change of placement, or change of program. 
20 When a court orders a respondent to stay away from the 
21 public, private, or non-public school attended by the 
22 petitioner and the respondent requests a transfer to 
23 another attendance center within the respondent's 
24 school district or private or non-public school, the 
25 school district or private or non-public school shall 
26 have sole discretion to determine the attendance 
 
 
SB3200- 451 -LRB103 39081 RLC 69219 b


1 center to which the respondent is transferred. In the 
2 event the court order results in a transfer of the 
3 minor respondent to another attendance center, a 
4 change in the respondent's placement, or a change of 
5 the respondent's program, the parents, guardian, or 
6 legal custodian of the respondent is responsible for 
7 transportation and other costs associated with the 
8 transfer or change. 
9   (C) The court may order the parents, guardian, or 
10 legal custodian of a minor respondent to take certain 
11 actions or to refrain from taking certain actions to 
12 ensure that the respondent complies with the order. In 
13 the event the court orders a transfer of the 
14 respondent to another school, the parents, guardian, 
15 or legal custodian of the respondent is responsible 
16 for transportation and other costs associated with the 
17 change of school by the respondent. 
18  (4) Counseling. Require or recommend the respondent to 
19 undergo counseling for a specified duration with a social 
20 worker, psychologist, clinical psychologist, 
21 psychiatrist, family service agency, alcohol or substance 
22 abuse program, mental health center guidance counselor, 
23 agency providing services to elders, program designed for 
24 domestic violence abusers or any other guidance service 
25 the court deems appropriate. The Court may order the 
26 respondent in any intimate partner relationship to report 
 
 
SB3200- 452 -LRB103 39081 RLC 69219 b


1 to an Illinois Department of Human Services protocol 
2 approved partner abuse intervention program for an 
3 assessment and to follow all recommended treatment. 
4  (5) Physical care and possession of the minor child. 
5 In order to protect the minor child from abuse, neglect, 
6 or unwarranted separation from the person who has been the 
7 minor child's primary caretaker, or to otherwise protect 
8 the well-being of the minor child, the court may do either 
9 or both of the following: (i) grant petitioner physical 
10 care or possession of the minor child, or both, or (ii) 
11 order respondent to return a minor child to, or not remove 
12 a minor child from, the physical care of a parent or person 
13 in loco parentis.
14  If a court finds, after a hearing, that respondent has 
15 committed abuse (as defined in Section 103) of a minor 
16 child, there shall be a rebuttable presumption that 
17 awarding physical care to respondent would not be in the 
18 minor child's best interest.
19  (6) Temporary allocation of parental responsibilities: 
20 significant decision-making. Award temporary 
21 decision-making responsibility to petitioner in accordance 
22 with this Section, the Illinois Marriage and Dissolution 
23 of Marriage Act, the Illinois Parentage Act of 2015, and 
24 this State's Uniform Child-Custody Jurisdiction and 
25 Enforcement Act. 
26  If a court finds, after a hearing, that respondent has 
 
 
SB3200- 453 -LRB103 39081 RLC 69219 b


1 committed abuse (as defined in Section 103) of a minor 
2 child, there shall be a rebuttable presumption that 
3 awarding temporary significant decision-making 
4 responsibility to respondent would not be in the child's 
5 best interest.
6  (7) Parenting time. Determine the parenting time, if 
7 any, of respondent in any case in which the court awards 
8 physical care or allocates temporary significant 
9 decision-making responsibility of a minor child to 
10 petitioner. The court shall restrict or deny respondent's 
11 parenting time with a minor child if the court finds that 
12 respondent has done or is likely to do any of the 
13 following: (i) abuse or endanger the minor child during 
14 parenting time; (ii) use the parenting time as an 
15 opportunity to abuse or harass petitioner or petitioner's 
16 family or household members; (iii) improperly conceal or 
17 detain the minor child; or (iv) otherwise act in a manner 
18 that is not in the best interests of the minor child. The 
19 court shall not be limited by the standards set forth in 
20 Section 603.10 of the Illinois Marriage and Dissolution of 
21 Marriage Act. If the court grants parenting time, the 
22 order shall specify dates and times for the parenting time 
23 to take place or other specific parameters or conditions 
24 that are appropriate. No order for parenting time shall 
25 refer merely to the term "reasonable parenting time".
26  Petitioner may deny respondent access to the minor 
 
 
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1 child if, when respondent arrives for parenting time, 
2 respondent is under the influence of drugs or alcohol and 
3 constitutes a threat to the safety and well-being of 
4 petitioner or petitioner's minor children or is behaving 
5 in a violent or abusive manner.
6  If necessary to protect any member of petitioner's 
7 family or household from future abuse, respondent shall be 
8 prohibited from coming to petitioner's residence to meet 
9 the minor child for parenting time, and the parties shall 
10 submit to the court their recommendations for reasonable 
11 alternative arrangements for parenting time. A person may 
12 be approved to supervise parenting time only after filing 
13 an affidavit accepting that responsibility and 
14 acknowledging accountability to the court.
15  (8) Removal or concealment of minor child. Prohibit 
16 respondent from removing a minor child from the State or 
17 concealing the child within the State. 
18  (9) Order to appear. Order the respondent to appear in 
19 court, alone or with a minor child, to prevent abuse, 
20 neglect, removal or concealment of the child, to return 
21 the child to the custody or care of the petitioner or to 
22 permit any court-ordered interview or examination of the 
23 child or the respondent.
24  (10) Possession of personal property. Grant petitioner 
25 exclusive possession of personal property and, if 
26 respondent has possession or control, direct respondent to 
 
 
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1 promptly make it available to petitioner, if:
2   (i) petitioner, but not respondent, owns the 
3 property; or
4   (ii) the parties own the property jointly; sharing 
5 it would risk abuse of petitioner by respondent or is 
6 impracticable; and the balance of hardships favors 
7 temporary possession by petitioner.
8  If petitioner's sole claim to ownership of the 
9 property is that it is marital property, the court may 
10 award petitioner temporary possession thereof under the 
11 standards of subparagraph (ii) of this paragraph only if a 
12 proper proceeding has been filed under the Illinois 
13 Marriage and Dissolution of Marriage Act, as now or 
14 hereafter amended.
15  No order under this provision shall affect title to 
16 property.
17  (11) Protection of property. Forbid the respondent 
18 from taking, transferring, encumbering, concealing, 
19 damaging or otherwise disposing of any real or personal 
20 property, except as explicitly authorized by the court, 
21 if:
22   (i) petitioner, but not respondent, owns the 
23 property; or
24   (ii) the parties own the property jointly, and the 
25 balance of hardships favors granting this remedy.
26  If petitioner's sole claim to ownership of the 
 
 
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1 property is that it is marital property, the court may 
2 grant petitioner relief under subparagraph (ii) of this 
3 paragraph only if a proper proceeding has been filed under 
4 the Illinois Marriage and Dissolution of Marriage Act, as 
5 now or hereafter amended.
6  The court may further prohibit respondent from 
7 improperly using the financial or other resources of an 
8 aged member of the family or household for the profit or 
9 advantage of respondent or of any other person.
10  (11.5) Protection of animals. Grant the petitioner the 
11 exclusive care, custody, or control of any animal owned, 
12 possessed, leased, kept, or held by either the petitioner 
13 or the respondent or a minor child residing in the 
14 residence or household of either the petitioner or the 
15 respondent and order the respondent to stay away from the 
16 animal and forbid the respondent from taking, 
17 transferring, encumbering, concealing, harming, or 
18 otherwise disposing of the animal. 
19  (12) Order for payment of support. Order respondent to 
20 pay temporary support for the petitioner or any child in 
21 the petitioner's care or over whom the petitioner has been 
22 allocated parental responsibility, when the respondent has 
23 a legal obligation to support that person, in accordance 
24 with the Illinois Marriage and Dissolution of Marriage 
25 Act, which shall govern, among other matters, the amount 
26 of support, payment through the clerk and withholding of 
 
 
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1 income to secure payment. An order for child support may 
2 be granted to a petitioner with lawful physical care of a 
3 child, or an order or agreement for physical care of a 
4 child, prior to entry of an order allocating significant 
5 decision-making responsibility. Such a support order shall 
6 expire upon entry of a valid order allocating parental 
7 responsibility differently and vacating the petitioner's 
8 significant decision-making authority, unless otherwise 
9 provided in the order.
10  (13) Order for payment of losses. Order respondent to 
11 pay petitioner for losses suffered as a direct result of 
12 the abuse, neglect, or exploitation. Such losses shall 
13 include, but not be limited to, medical expenses, lost 
14 earnings or other support, repair or replacement of 
15 property damaged or taken, reasonable attorney's fees, 
16 court costs and moving or other travel expenses, including 
17 additional reasonable expenses for temporary shelter and 
18 restaurant meals.
19   (i) Losses affecting family needs. If a party is 
20 entitled to seek maintenance, child support or 
21 property distribution from the other party under the 
22 Illinois Marriage and Dissolution of Marriage Act, as 
23 now or hereafter amended, the court may order 
24 respondent to reimburse petitioner's actual losses, to 
25 the extent that such reimbursement would be 
26 "appropriate temporary relief", as authorized by 
 
 
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1 subsection (a)(3) of Section 501 of that Act.
2   (ii) Recovery of expenses. In the case of an 
3 improper concealment or removal of a minor child, the 
4 court may order respondent to pay the reasonable 
5 expenses incurred or to be incurred in the search for 
6 and recovery of the minor child, including but not 
7 limited to legal fees, court costs, private 
8 investigator fees, and travel costs.
9  (14) Prohibition of entry. Prohibit the respondent 
10 from entering or remaining in the residence or household 
11 while the respondent is under the influence of alcohol or 
12 drugs and constitutes a threat to the safety and 
13 well-being of the petitioner or the petitioner's children.
14  (14.5) Prohibition of firearm possession.
15   (a) Prohibit a respondent against whom an order of 
16 protection was issued from possessing any firearms 
17 during the duration of the order if the order:
18    (1) was issued after a hearing of which such 
19 person received actual notice, and at which such 
20 person had an opportunity to participate;
21    (2) restrains such person from harassing, 
22 stalking, or threatening an intimate partner of 
23 such person or child of such intimate partner or 
24 person, or engaging in other conduct that would 
25 place an intimate partner in reasonable fear of 
26 bodily injury to the partner or child; and
 
 
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1    (3)(i) includes a finding that such person 
2 represents a credible threat to the physical 
3 safety of such intimate partner or child; or (ii) 
4 by its terms explicitly prohibits the use, 
5 attempted use, or threatened use of physical force 
6 against such intimate partner or child that would 
7 reasonably be expected to cause bodily injury.
8  Any Firearm Owner's Identification Card in the 
9 possession of the respondent, except as provided in 
10 subsection (b), shall be ordered by the court to be 
11 turned over to the local law enforcement agency. The 
12 local law enforcement agency shall immediately mail 
13 the card to the Illinois State Police Firearm Owner's 
14 Identification Card Office for safekeeping. The court 
15 shall issue a warrant for seizure of any firearm in the 
16 possession of the respondent, to be kept by the local 
17 law enforcement agency for safekeeping, except as 
18 provided in subsection (b). The period of safekeeping 
19 shall be for the duration of the order of protection. 
20 The firearm or firearms and Firearm Owner's 
21 Identification Card, if unexpired, shall at the 
22 respondent's request, be returned to the respondent at 
23 the end of the order of protection. It is the 
24 respondent's responsibility to notify the Illinois 
25 State Police Firearm Owner's Identification Card 
26 Office. 
 
 
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1   (b) If the respondent is a peace officer as 
2 defined in Section 2-13 of the Criminal Code of 2012, 
3 the court shall order that any firearms used by the 
4 respondent in the performance of his or her duties as a 
5 peace officer be surrendered to the chief law 
6 enforcement executive of the agency in which the 
7 respondent is employed, who shall retain the firearms 
8 for safekeeping for the duration of the order of 
9 protection.
10   (c) Upon expiration of the period of safekeeping, 
11 if the firearms or Firearm Owner's Identification Card 
12 cannot be returned to respondent because respondent 
13 cannot be located, fails to respond to requests to 
14 retrieve the firearms, or is not lawfully eligible to 
15 possess a firearm, upon petition from the local law 
16 enforcement agency, the court may order the local law 
17 enforcement agency to destroy the firearms, use the 
18 firearms for training purposes, or for any other 
19 application as deemed appropriate by the local law 
20 enforcement agency; or that the firearms be turned 
21 over to a third party who is lawfully eligible to 
22 possess firearms, and who does not reside with 
23 respondent. 
24  (15) Prohibition of access to records. If an order of 
25 protection prohibits respondent from having contact with 
26 the minor child, or if petitioner's address is omitted 
 
 
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1 under subsection (b) of Section 203, or if necessary to 
2 prevent abuse or wrongful removal or concealment of a 
3 minor child, the order shall deny respondent access to, 
4 and prohibit respondent from inspecting, obtaining, or 
5 attempting to inspect or obtain, school or any other 
6 records of the minor child who is in the care of 
7 petitioner.
8  (16) Order for payment of shelter services. Order 
9 respondent to reimburse a shelter providing temporary 
10 housing and counseling services to the petitioner for the 
11 cost of the services, as certified by the shelter and 
12 deemed reasonable by the court.
13  (17) Order for injunctive relief. Enter injunctive 
14 relief necessary or appropriate to prevent further abuse 
15 of a family or household member or further abuse, neglect, 
16 or exploitation of a high-risk adult with disabilities or 
17 to effectuate one of the granted remedies, if supported by 
18 the balance of hardships. If the harm to be prevented by 
19 the injunction is abuse or any other harm that one of the 
20 remedies listed in paragraphs (1) through (16) of this 
21 subsection is designed to prevent, no further evidence is 
22 necessary that the harm is an irreparable injury.
23  (18) Telephone services.
24   (A) Unless a condition described in subparagraph 
25 (B) of this paragraph exists, the court may, upon 
26 request by the petitioner, order a wireless telephone 
 
 
SB3200- 462 -LRB103 39081 RLC 69219 b


1 service provider to transfer to the petitioner the 
2 right to continue to use a telephone number or numbers 
3 indicated by the petitioner and the financial 
4 responsibility associated with the number or numbers, 
5 as set forth in subparagraph (C) of this paragraph. 
6 For purposes of this paragraph (18), the term 
7 "wireless telephone service provider" means a provider 
8 of commercial mobile service as defined in 47 U.S.C. 
9 332. The petitioner may request the transfer of each 
10 telephone number that the petitioner, or a minor child 
11 in his or her custody, uses. The clerk of the court 
12 shall serve the order on the wireless telephone 
13 service provider's agent for service of process 
14 provided to the Illinois Commerce Commission. The 
15 order shall contain all of the following:
16    (i) The name and billing telephone number of 
17 the account holder including the name of the 
18 wireless telephone service provider that serves 
19 the account.
20    (ii) Each telephone number that will be 
21 transferred.
22    (iii) A statement that the provider transfers 
23 to the petitioner all financial responsibility for 
24 and right to the use of any telephone number 
25 transferred under this paragraph.
26   (B) A wireless telephone service provider shall 
 
 
SB3200- 463 -LRB103 39081 RLC 69219 b


1 terminate the respondent's use of, and shall transfer 
2 to the petitioner use of, the telephone number or 
3 numbers indicated in subparagraph (A) of this 
4 paragraph unless it notifies the petitioner, within 72 
5 hours after it receives the order, that one of the 
6 following applies:
7    (i) The account holder named in the order has 
8 terminated the account.
9    (ii) A difference in network technology would 
10 prevent or impair the functionality of a device on 
11 a network if the transfer occurs.
12    (iii) The transfer would cause a geographic or 
13 other limitation on network or service provision 
14 to the petitioner.
15    (iv) Another technological or operational 
16 issue would prevent or impair the use of the 
17 telephone number if the transfer occurs.
18   (C) The petitioner assumes all financial 
19 responsibility for and right to the use of any 
20 telephone number transferred under this paragraph. In 
21 this paragraph, "financial responsibility" includes 
22 monthly service costs and costs associated with any 
23 mobile device associated with the number.
24   (D) A wireless telephone service provider may 
25 apply to the petitioner its routine and customary 
26 requirements for establishing an account or 
 
 
SB3200- 464 -LRB103 39081 RLC 69219 b


1 transferring a number, including requiring the 
2 petitioner to provide proof of identification, 
3 financial information, and customer preferences.
4   (E) Except for willful or wanton misconduct, a 
5 wireless telephone service provider is immune from 
6 civil liability for its actions taken in compliance 
7 with a court order issued under this paragraph.
8   (F) All wireless service providers that provide 
9 services to residential customers shall provide to the 
10 Illinois Commerce Commission the name and address of 
11 an agent for service of orders entered under this 
12 paragraph (18). Any change in status of the registered 
13 agent must be reported to the Illinois Commerce 
14 Commission within 30 days of such change. 
15   (G) The Illinois Commerce Commission shall 
16 maintain the list of registered agents for service for 
17 each wireless telephone service provider on the 
18 Commission's website. The Commission may consult with 
19 wireless telephone service providers and the Circuit 
20 Court Clerks on the manner in which this information 
21 is provided and displayed. 
22 (c) Relevant factors; findings.
23  (1) In determining whether to grant a specific remedy, 
24 other than payment of support, the court shall consider 
25 relevant factors, including but not limited to the 
26 following:
 
 
SB3200- 465 -LRB103 39081 RLC 69219 b


1   (i) the nature, frequency, severity, pattern and 
2 consequences of the respondent's past abuse, neglect 
3 or exploitation of the petitioner or any family or 
4 household member, including the concealment of his or 
5 her location in order to evade service of process or 
6 notice, and the likelihood of danger of future abuse, 
7 neglect, or exploitation to petitioner or any member 
8 of petitioner's or respondent's family or household; 
9 and
10   (ii) the danger that any minor child will be 
11 abused or neglected or improperly relocated from the 
12 jurisdiction, improperly concealed within the State or 
13 improperly separated from the child's primary 
14 caretaker.
15  (2) In comparing relative hardships resulting to the 
16 parties from loss of possession of the family home, the 
17 court shall consider relevant factors, including but not 
18 limited to the following:
19   (i) availability, accessibility, cost, safety, 
20 adequacy, location and other characteristics of 
21 alternate housing for each party and any minor child 
22 or dependent adult in the party's care;
23   (ii) the effect on the party's employment; and
24   (iii) the effect on the relationship of the party, 
25 and any minor child or dependent adult in the party's 
26 care, to family, school, church and community.
 
 
SB3200- 466 -LRB103 39081 RLC 69219 b


1  (3) Subject to the exceptions set forth in paragraph 
2 (4) of this subsection, the court shall make its findings 
3 in an official record or in writing, and shall at a minimum 
4 set forth the following:
5   (i) That the court has considered the applicable 
6 relevant factors described in paragraphs (1) and (2) 
7 of this subsection.
8   (ii) Whether the conduct or actions of respondent, 
9 unless prohibited, will likely cause irreparable harm 
10 or continued abuse.
11   (iii) Whether it is necessary to grant the 
12 requested relief in order to protect petitioner or 
13 other alleged abused persons.
14  (4) For purposes of issuing an ex parte emergency 
15 order of protection, the court, as an alternative to or as 
16 a supplement to making the findings described in 
17 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
18 subsection, may use the following procedure:
19  When a verified petition for an emergency order of 
20 protection in accordance with the requirements of Sections 
21 203 and 217 is presented to the court, the court shall 
22 examine petitioner on oath or affirmation. An emergency 
23 order of protection shall be issued by the court if it 
24 appears from the contents of the petition and the 
25 examination of petitioner that the averments are 
26 sufficient to indicate abuse by respondent and to support 
 
 
SB3200- 467 -LRB103 39081 RLC 69219 b


1 the granting of relief under the issuance of the emergency 
2 order of protection.
3  (5) Never married parties. No rights or 
4 responsibilities for a minor child born outside of 
5 marriage attach to a putative father until a father and 
6 child relationship has been established under the Illinois 
7 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
8 the Illinois Public Aid Code, Section 12 of the Vital 
9 Records Act, the Juvenile Court Act of 1987, the Probate 
10 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
11 Support Act, the Uniform Interstate Family Support Act, 
12 the Expedited Child Support Act of 1990, any judicial, 
13 administrative, or other act of another state or 
14 territory, any other Illinois statute, or by any foreign 
15 nation establishing the father and child relationship, any 
16 other proceeding substantially in conformity with the 
17 Personal Responsibility and Work Opportunity 
18 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
19 both parties appeared in open court or at an 
20 administrative hearing acknowledging under oath or 
21 admitting by affirmation the existence of a father and 
22 child relationship. Absent such an adjudication, finding, 
23 or acknowledgment, no putative father shall be granted 
24 temporary allocation of parental responsibilities, 
25 including parenting time with the minor child, or physical 
26 care and possession of the minor child, nor shall an order 
 
 
SB3200- 468 -LRB103 39081 RLC 69219 b


1 of payment for support of the minor child be entered.
2 (d) Balance of hardships; findings. If the court finds 
3that the balance of hardships does not support the granting of 
4a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
5subsection (b) of this Section, which may require such 
6balancing, the court's findings shall so indicate and shall 
7include a finding as to whether granting the remedy will 
8result in hardship to respondent that would substantially 
9outweigh the hardship to petitioner from denial of the remedy. 
10The findings shall be an official record or in writing.
11 (e) Denial of remedies. Denial of any remedy shall not be 
12based, in whole or in part, on evidence that:
13  (1) Respondent has cause for any use of force, unless 
14 that cause satisfies the standards for justifiable use of 
15 force provided by Article 7 of the Criminal Code of 2012;
16  (2) Respondent was voluntarily intoxicated;
17  (3) Petitioner acted in self-defense or defense of 
18 another, provided that, if petitioner utilized force, such 
19 force was justifiable under Article 7 of the Criminal Code 
20 of 2012; 
21  (4) Petitioner did not act in self-defense or defense 
22 of another;
23  (5) Petitioner left the residence or household to 
24 avoid further abuse, neglect, or exploitation by 
25 respondent;
26  (6) Petitioner did not leave the residence or 
 
 
SB3200- 469 -LRB103 39081 RLC 69219 b


1 household to avoid further abuse, neglect, or exploitation 
2 by respondent;
3  (7) Conduct by any family or household member excused 
4 the abuse, neglect, or exploitation by respondent, unless 
5 that same conduct would have excused such abuse, neglect, 
6 or exploitation if the parties had not been family or 
7 household members.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 Section 205. The Revised Uniform Unclaimed Property Act is 
10amended by changing Section 15-705 as follows:

11 (765 ILCS 1026/15-705)
12 Sec. 15-705. Exceptions to the sale of tangible property. 
13The administrator shall dispose of tangible property 
14identified by this Section in accordance with this Section.
15 (a) Military medals or decorations. The administrator may 
16not sell a medal or decoration awarded for military service in 
17the armed forces of the United States. Instead, the 
18administrator, with the consent of the respective organization 
19under paragraph (1), agency under paragraph (2), or entity 
20under paragraph (3), may deliver a medal or decoration to be 
21held in custody for the owner, to:
22  (1) a military veterans organization qualified under 
23 Section 501(c)(19) of the Internal Revenue Code;
24  (2) the agency that awarded the medal or decoration; 
 
 
SB3200- 470 -LRB103 39081 RLC 69219 b


1 or
2  (3) a governmental entity.
3 After delivery, the administrator is not responsible for 
4the safekeeping of the medal or decoration.
5 (b) Property with historical value. Property that the 
6administrator reasonably believes may have historical value 
7may be, at his or her discretion, loaned to an accredited 
8museum in the United States where it will be kept until such 
9time as the administrator orders it to be returned to his or 
10her custody.
11 (c) Human remains. If human remains are delivered to the 
12administrator under this Act, the administrator shall deliver 
13those human remains to the coroner of the county in which the 
14human remains were abandoned for disposition under Section 
153-3034 of the Counties Code. The only human remains that may be 
16delivered to the administrator under this Act and that the 
17administrator may receive are those that are reported and 
18delivered as contents of a safe deposit box.
19 (d) Evidence in a criminal investigation. Property that 
20may have been used in the commission of a crime or that may 
21assist in the investigation of a crime, as determined after 
22consulting with the Illinois State Police, shall be delivered 
23to the Illinois State Police or other appropriate law 
24enforcement authority to allow law enforcement to determine 
25whether a criminal investigation should take place. Any such 
26property delivered to a law enforcement authority shall be 
 
 
SB3200- 471 -LRB103 39081 RLC 69219 b


1held in accordance with existing statutes and rules related to 
2the gathering, retention, and release of evidence.
3 (e) Firearms.
4  (1) The administrator, in cooperation with the 
5 Illinois State Police, shall develop a procedure to 
6 determine whether a firearm delivered to the administrator 
7 under this Act has been stolen or used in the commission of 
8 a crime. The Illinois State Police shall determine the 
9 appropriate disposition of a firearm that has been stolen 
10 or used in the commission of a crime. The administrator 
11 shall attempt to return a firearm that has not been stolen 
12 or used in the commission of a crime to the rightful owner 
13 if the Illinois State Police determines that the owner may 
14 lawfully possess the firearm.
15  (2) If the administrator is unable to return a firearm 
16 to its owner, the administrator shall transfer custody of 
17 the firearm to the Illinois State Police. Legal title to a 
18 firearm transferred to the Illinois State Police under 
19 this subsection (e) is vested in the Illinois State Police 
20 by operation of law if:
21   (i) the administrator cannot locate the owner of 
22 the firearm;
23   (ii) the owner of the firearm may not lawfully 
24 possess the firearm;
25   (iii) the apparent owner does not respond to 
26 notice published under Section 15-503 of this Act; or
 
 
SB3200- 472 -LRB103 39081 RLC 69219 b


1   (iv) the apparent owner responds to notice 
2 published under Section 15-502 and states that he or 
3 she no longer claims an interest in the firearm.
4  (3) With respect to a firearm whose title is 
5 transferred to the Illinois State Police under this 
6 subsection (e), the Illinois State Police may:
7   (i) retain the firearm for use by the crime 
8 laboratory system, for training purposes, or for any 
9 other application as deemed appropriate by the 
10 Department;
11   (ii) transfer the firearm to the Illinois State 
12 Museum if the firearm has historical value; or
13   (iii) destroy the firearm if it is not retained 
14 pursuant to subparagraph (i) or transferred pursuant 
15 to subparagraph (ii).
16 As used in this subsection, "firearm" has the meaning 
17provided in Section 2-7.5 of the Criminal Code of 2012 the 
18Firearm Owners Identification Card Act.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 995. No acceleration or delay. Where this Act 
21makes changes in a statute that is represented in this Act by 
22text that is not yet or no longer in effect (for example, a 
23Section represented by multiple versions), the use of that 
24text does not accelerate or delay the taking effect of (i) the 
25changes made by this Act or (ii) provisions derived from any 
 
 
SB3200- 473 -LRB103 39081 RLC 69219 b


1other Public Act.

2 Section 999. Effective date. This Act takes effect upon 
3becoming law.
 
 
SB3200- 474 -LRB103 39081 RLC 69219 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 5 ILCS 840/40
8 20 ILCS 805/805-538
9 20 ILCS 2505/2505-306
10 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13 20 ILCS 2605/2605-595
14 20 ILCS 2605/2605-605
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2605/2605-610 rep.
17 20 ILCS 2610/17b
18 20 ILCS 2630/2.2
19 20 ILCS 2910/1from Ch. 127 1/2, par. 501
20 20 ILCS 3930/7.9
21 30 ILCS 105/6z-99
22 30 ILCS 105/6z-127
23 30 ILCS 500/1-10
24 30 ILCS 715/3from Ch. 56 1/2, par. 1703
25 50 ILCS 710/1from Ch. 85, par. 515
 
 
SB3200- 475 -LRB103 39081 RLC 69219 b


1 50 ILCS 725/7.2 rep.
2 55 ILCS 5/3-6042
3 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4 105 ILCS 5/10-27.1A
5 105 ILCS 5/34-8.05
6 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
7 225 ILCS 447/35-30
8 225 ILCS 447/35-35
9 230 ILCS 10/5.4
10 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
11 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
12 405 ILCS 5/6-103.1
13 405 ILCS 5/6-103.2
14 405 ILCS 5/6-103.3
15 410 ILCS 45/2from Ch. 111 1/2, par. 1302
16 430 ILCS 65/Act rep.
17 430 ILCS 66/25
18 430 ILCS 66/30
19 430 ILCS 66/40
20 430 ILCS 66/66
21 430 ILCS 66/70
22 430 ILCS 66/80
23 430 ILCS 66/105
24 430 ILCS 67/35
25 430 ILCS 67/40
26 430 ILCS 68/5-20
 
 
SB3200- 476 -LRB103 39081 RLC 69219 b


1 430 ILCS 68/5-25
2 430 ILCS 68/5-40
3 430 ILCS 68/5-85
4 520 ILCS 5/3.2from Ch. 61, par. 3.2
5 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
6 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
7 720 ILCS 5/2-7.1
8 720 ILCS 5/2-7.5
9 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10 720 ILCS 5/16-0.1
11 720 ILCS 5/17-30was 720 ILCS 5/16C-2
12 720 ILCS 5/24-1from Ch. 38, par. 24-1
13 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14 720 ILCS 5/24-1.6
15 720 ILCS 5/24-1.8
16 720 ILCS 5/24-1.9
17 720 ILCS 5/24-1.10
18 720 ILCS 5/24-2
19 720 ILCS 5/24-3from Ch. 38, par. 24-3
20 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
21 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
22 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
23 720 ILCS 5/24-3.5
24 720 ILCS 5/24-3B
25 720 ILCS 5/24-4.1
26 720 ILCS 5/24-4.5 new
 
 
SB3200- 477 -LRB103 39081 RLC 69219 b