Bill Text: IL SB3664 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that a State's Attorney who has been issued a license to carry a concealed firearm pursuant to the Act may carry a concealed firearm in specified areas otherwise prohibited. Amends the Counties Code making conforming changes. Amends the Criminal Code of 2012. Provides that the offenses of unauthorized possession or storage of weapons and armed violence do not apply to the carrying of a concealed firearm by a State's Attorney as allowed by law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-30 - Chief Sponsor Changed to Sen. Don Harmon [SB3664 Detail]

Download: Illinois-2021-SB3664-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3664 Introduced 1/21/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
430 ILCS 66/65
720 ILCS 5/21-6 from Ch. 38, par. 21-6
720 ILCS 5/33A-2 from Ch. 38, par. 33A-2
Amends the Firearm Concealed Carry Act. Provides that a State's Attorney who has been issued a license to carry a concealed firearm pursuant to the Act may carry a concealed firearm in specified areas otherwise prohibited. Amends the Counties Code making conforming changes. Amends the Criminal Code of 2012. Provides that the offenses of unauthorized possession or storage of weapons and armed violence do not apply to the carrying of a concealed firearm by a State's Attorney as allowed by law.
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A BILL FOR
SB3664 LRB102 24265 AWJ 33496 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-9005 as follows:
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's Attorney.
(a) The duty of each State's Attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for the county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or the county, or to any
school district or road district in the county; also, to
prosecute all suits in the county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in the county
officer's official capacity.

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(4) To defend all actions and proceedings brought
against the county, or against any county or State
officer, in the county or State officer's official
capacity, within the county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is
in the county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required
to be recognized to appear before the circuit court, when
in the State's Attorney's power so to do.
(7) To give the State's Attorney's opinion, without
fee or reward, to any county officer in the county, upon
any question or law relating to any criminal or other
matter, in which the people or the county may be
concerned.
(8) To assist the Attorney General whenever it may be
necessary, and in cases of appeal from the county to the
Supreme Court, to which it is the duty of the Attorney
General to attend, the State's Attorney shall furnish the
Attorney General at least 10 days before such is due to be
filed, a manuscript of a proposed statement, brief and
argument to be printed and filed on behalf of the people,
prepared in accordance with the rules of the Supreme
Court. However, if such brief, argument or other document
is due to be filed by law or order of court within this

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10-day period, then the State's Attorney shall furnish
such as soon as may be reasonable.
(9) To pay all moneys received by the State's Attorney
in trust, without delay, to the officer who by law is
entitled to the custody thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising
from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on the State's Attorney by
law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set
forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate

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holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a
copy of the notice.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to
serve subpoenas and summonses, make return of process, and
conduct investigations which assist the State's Attorney in
the performance of the State's Attorney duties. In counties of
the first and second class, the fees for service of subpoenas
and summonses are allowed by this Section and shall be
consistent with those set forth in Section 4-5001 of this Act,
except when increased by county ordinance as provided for in
Section 4-5001. In counties of the third class, the fees for
service of subpoenas and summonses are allowed by this Section
and shall be consistent with those set forth in Section
4-12001 of this Act. A special investigator shall not carry
firearms except with permission of the State's Attorney and
only while carrying appropriate identification indicating the
special investigator's employment and in the performance of
the special investigator's assigned duties.
Subject to the qualifications set forth in this
subsection, special investigators shall be peace officers and
shall have all the powers possessed by investigators under the
State's Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney

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shall have peace officer status or exercise police powers
unless the special investigator successfully completes the
basic police training course mandated and approved by the
Illinois Law Enforcement Training Standards Board or such
board waives the training requirement by reason of the special
investigator's prior law enforcement experience or training or
both. Any State's Attorney appointing a special investigator
shall consult with all affected local police agencies, to the
extent consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator,
the person's fingerprints shall be taken and transmitted to
the Department of State Police. The Department shall examine
its records and submit to the State's Attorney of the county in
which the investigator seeks appointment any conviction
information concerning the person on file with the Department.
No person shall be appointed as a special investigator if the
person has been convicted of a felony or other offense
involving moral turpitude. A special investigator shall be
paid a salary and be reimbursed for actual expenses incurred
in performing the special investigator's assigned duties. The
county board shall approve the salary and actual expenses and
appropriate the salary and expenses in the manner prescribed
by law or ordinance.
(c) The State's Attorney may request and receive from

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employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial
parent by the employer of the putative father or noncustodial
parent or by a labor union of which the putative father or
noncustodial parent is a member.
(d) (Blank).
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section
17-1 of the Criminal Code of 2012 against persons who have
issued to the Department checks or other orders in violation
of the provisions of paragraph (1) of subsection (B) of
Section 17-1 of the Criminal Code of 2012, with the Department
to retain the amount owing upon the dishonored check or order
along with the dishonored check fee imposed under the Uniform
Penalty and Interest Act, with the balance of damages, fees,
and costs collected under subsection (E) of Section 17-1 of
the Criminal Code of 2012 or under Section 17-1a of that Code

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to be retained by the State's Attorney. The agreement shall
not affect the allocation of fines and costs imposed in any
criminal prosecution.
(f) In a county with less than 2,000,000 inhabitants, and
only upon receipt of a written request by the superintendent
of the county Veterans Assistance Commission for the county in
which the State's Attorney is located, the State's Attorney
shall have the discretionary authority to render an opinion,
without fee or reward, upon any question of law relating to a
matter in which the county Veterans Assistance Commission may
be concerned. The State's Attorney shall have the discretion
to grant or decline such a request.
(g) The State's Attorney while holding office may, upon
being issued a license to carry a concealed firearm pursuant
to the Firearm Concealed Carry Act, carry a concealed firearm
in specified prohibited areas as provided under subsection (e)
of Section 65 of the Firearm Concealed Carry Act.
(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Section 65 as follows:
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:

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(1) Any building, real property, and parking area
under the control of a public or private elementary or
secondary school.
(2) Any building, real property, and parking area
under the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying
a concealed firearm onto the real property, bikeway, or
trail in a park regulated by the Department of Natural
Resources or any other designated public hunting area or
building where firearm possession is permitted as
established by the Department of Natural Resources under
Section 1.8 of the Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of

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the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.
(6) Any building, real property, and parking area
under the control of an adult or juvenile detention or
correctional institution, prison, or jail.
(7) Any building, real property, and parking area
under the control of a public or private hospital or
hospital affiliate, mental health facility, or nursing
home.
(8) Any bus, train, or form of transportation paid for
in whole or in part with public funds, and any building,
real property, and parking area under the control of a
public transportation facility paid for in whole or in
part with public funds.
(9) Any building, real property, and parking area
under the control of an establishment that serves alcohol
on its premises, if more than 50% of the establishment's
gross receipts within the prior 3 months is from the sale
of alcohol. The owner of an establishment who knowingly
fails to prohibit concealed firearms on its premises as
provided in this paragraph or who knowingly makes a false
statement or record to avoid the prohibition on concealed
firearms under this paragraph is subject to the penalty
under subsection (c-5) of Section 10-1 of the Liquor
Control Act of 1934.

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(10) Any public gathering or special event conducted
on property open to the public that requires the issuance
of a permit from the unit of local government, provided
this prohibition shall not apply to a licensee who must
walk through a public gathering in order to access his or
her residence, place of business, or vehicle.
(11) Any building or real property that has been
issued a Special Event Retailer's license as defined in
Section 1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit
a licensee from carrying a concealed firearm while on a
trail or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized

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university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.
(16) Any building, real property, or parking area
under the control of a gaming facility licensed under the
Illinois Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area
under the control of a public library.
(19) Any building, real property, or parking area
under the control of an airport.
(20) Any building, real property, or parking area
under the control of an amusement park.
(21) Any building, real property, or parking area
under the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere

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in or on the street, driveway, parking area, property,
building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.
(a-5) Nothing in this Act shall prohibit a public or
private community college, college, or university from:
(1) prohibiting persons from carrying a firearm within
a vehicle owned, leased, or controlled by the college or
university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and
discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which
must include designated areas where persons can park
vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for the
purpose of instruction and curriculum of officially
recognized programs, including but not limited to military
science and law enforcement training programs, or in any
designated area used for hunting purposes or target
shooting.
(a-10) The owner of private real property of any type may
prohibit the carrying of concealed firearms on the property
under his or her control. The owner must post a sign in
accordance with subsection (d) of this Section indicating that

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firearms are prohibited on the property, unless the property
is a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection
(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the
vehicle's trunk. For purposes of this subsection, "case"
includes a glove compartment or console that completely
encloses the concealed firearm or ammunition, the trunk of the
vehicle, or a firearm carrying box, shipping box, or other
container.
(c) A licensee shall not be in violation of this Section
while he or she is traveling along a public right of way that
touches or crosses any of the premises under subsection (a),
(a-5), or (a-10) of this Section if the concealed firearm is
carried on his or her person in accordance with the provisions
of this Act or is being transported in a vehicle by the

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licensee in accordance with all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is
prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified
in this Section as a prohibited area, unless the building or
premises is a private residence. Signs shall be of a uniform
design as established by the Illinois State Police and shall
be 4 inches by 6 inches in size. The Illinois State Police
shall adopt rules for standardized signs to be used under this
subsection.
(e) A State's Attorney who has been issued a license to
carry a concealed firearm pursuant to this Act may carry a
concealed firearm in areas prohibited by this Section while
holding office. However, this subsection does not authorize
the State's Attorney to carry a concealed firearm in the areas
prohibited in paragraph (6), (7), (14), (19), (22), or (23) of
subsection (a).
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
Section 15. The Criminal Code of 2012 is amended by
changing Sections 21-6 and 33A-2 as follows:
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in

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Section 33A-1 in any building or on land supported in whole or
in part with public funds or in any building on such land
without prior written permission from the chief security
officer for such land or building commits a Class A
misdemeanor.
(b) The chief security officer must grant any reasonable
request for permission under paragraph (a).
(c) This Section does not apply to the carrying of a
concealed firearm by a State's Attorney as provided in Section
3-9005 of the Counties Code.
(Source: P.A. 89-685, eff. 6-1-97.)
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed with
a dangerous weapon, he commits any felony defined by Illinois
Law, except first degree murder, attempted first degree
murder, intentional homicide of an unborn child, second degree
murder, involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the
offense, or a mandatory sentencing factor that increases the
sentencing range.

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(b) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon while committing any felony defined by
Illinois law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child, second
degree murder, involuntary manslaughter, reckless homicide,
predatory criminal sexual assault of a child, aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05, home invasion, or any
offense that makes the possession or use of a dangerous weapon
either an element of the base offense, an aggravated or
enhanced version of the offense, or a mandatory sentencing
factor that increases the sentencing range.
(c) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon that proximately causes great bodily harm,
permanent disability, or permanent disfigurement or death to
another person while committing any felony defined by Illinois
law, except first degree murder, attempted first degree
murder, intentional homicide of an unborn child, second degree
murder, involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the

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offense, or a mandatory sentencing factor that increases the
sentencing range.
(d) This Section does not apply to: violations of the Fish
and Aquatic Life Code or the Wildlife Code; or the carrying of
a concealed firearm by a State's Attorney as provided in
Section 3-9005 of the Counties Code.
(Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11.)