104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3577

Introduced , by Rep. Michael J. Kelly

SYNOPSIS AS INTRODUCED:

See Index

Provides that the Act may be referred to as the Rafael Wordlaw Act. Amends the Criminal Code of 2012. Provides that "machine gun" includes any firearm that is modified or equipped with a forced reset trigger, including an auto-switch or binary switch. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly sells, manufactures, purchases, possesses or carries any firearm that is modified or equipped with a high-capacity magazine. Provides that aggravated unlawful possession of a weapon while carrying or possessing a weapon that has been modified or equipped with a forced reset trigger, including an auto-switch or binary switch, or high-capacity magazine, is a Class X felony. Provides that a person who knowingly sells, offers to sell, or transfers an unserialized unfinished frame or receiver or unserialized firearm is guilty of a Class 2 (rather than a Class 4) felony for a first violation and is guilty of a Class 1 (rather than a Class 2) felony for a second or subsequent violation. Amends the Unified Code of Corrections. Permits the court to sentence a defendant to an extended term sentence for specified firearms violations. Provides that if a firearm used to commit the offense was outfitted with parts designed or intended for use in converting any weapon into a machine gun or a high-capacity magazine, 5 consecutive years shall be added on to the 15, 20, or 25 years to life added to the sentence. Defines terms.

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A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 1. Short title.This Act may be referred to as the

5 Rafael Wordlaw Act.

6 Section 5. The Criminal Code of 2012 is amended by

7 changing Sections 24-1, 24-1.6, 24-2, and 24-5.1 as follows:

8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

9 Sec. 24-1. Unlawful possession of weapons.

10 (a) A person commits the offense of unlawful possession of

11 weapons when he knowingly:

12 (1) Sells, manufactures, purchases, possesses or

13 carries any bludgeon, black-jack, slung-shot, sand-club,

14 sand-bag, metal knuckles or other knuckle weapon

15 regardless of its composition, throwing star, or any

16 knife, commonly referred to as a switchblade knife, which

17 has a blade that opens automatically by hand pressure

18 applied to a button, spring or other device in the handle

19 of the knife, or a ballistic knife, which is a device that

20 propels a knifelike blade as a projectile by means of a

21 coil spring, elastic material or compressed gas; or

22 (2) Carries or possesses with intent to use the same

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1 unlawfully against another, a dagger, dirk, billy,

2 dangerous knife, razor, stiletto, broken bottle or other

3 piece of glass, stun gun or taser or any other dangerous or

4 deadly weapon or instrument of like character; or

5 (2.5) Carries or possesses with intent to use the same

6 unlawfully against another, any firearm in a church,

7 synagogue, mosque, or other building, structure, or place

8 used for religious worship; or

9 (3) Carries on or about his person or in any vehicle, a

10 tear gas gun projector or bomb or any object containing

11 noxious liquid gas or substance, other than an object

12 containing a non-lethal noxious liquid gas or substance

13 designed solely for personal defense carried by a person

14 18 years of age or older; or

15 (4) Carries or possesses in any vehicle or concealed

16 on or about his person except when on his land or in his

17 own abode, legal dwelling, or fixed place of business, or

18 on the land or in the legal dwelling of another person as

19 an invitee with that person's permission, any pistol,

20 revolver, stun gun or taser or other firearm, except that

21 this subsection (a)(4) does not apply to or affect

22 transportation of weapons that meet one of the following

23 conditions:

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

25 (ii) are not immediately accessible; or

26 (iii) are unloaded and enclosed in a case, firearm

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1 carrying box, shipping box, or other container by a

2 person who has been issued a currently valid Firearm

3 Owner's Identification Card; or

4 (iv) are carried or possessed in accordance with

5 the Firearm Concealed Carry Act by a person who has

6 been issued a currently valid license under the

7 Firearm Concealed Carry Act; or

8 (5) Sets a spring gun; or

9 (6) Possesses any device or attachment of any kind

10 designed, used or intended for use in silencing the report

11 of any firearm; or

12 (7) Sells, manufactures, purchases, possesses or

13 carries:

14 (i) a machine gun, which shall be defined for the

15 purposes of this subsection as any weapon, which

16 shoots, is designed to shoot, or can be readily

17 restored to shoot, automatically more than one shot

18 without manually reloading by a single function of the

19 trigger, including the frame or receiver of any such

20 weapon, or sells, manufactures, purchases, possesses,

21 or carries any combination of parts designed or

22 intended for use in converting any weapon into a

23 machine gun, or any combination or parts from which a

24 machine gun can be assembled if such parts are in the

25 possession or under the control of a person. "Machine

26 gun" also includes any firearm that is modified or

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1 equipped with a forced reset trigger, including an

2 auto-switch or binary switch. In this subparagraph

3 (i), "forced reset trigger" means a combination of

4 parts designed and intended for use in converting a

5 weapon to shoot automatically more than one shot,

6 without manual reloading, by a single function of the

7 trigger;

8 (ii) any rifle having one or more barrels less

9 than 16 inches in length or a shotgun having one or

10 more barrels less than 18 inches in length or any

11 weapon made from a rifle or shotgun, whether by

12 alteration, modification, or otherwise, if such a

13 weapon as modified has an overall length of less than

14 26 inches; or

15 (ii-5) any firearm that is modified or equipped

16 with a high-capacity magazine. In this subparagraph

17 (ii-5), "high-capacity magazine" means a magazine,

18 belt, drum, feed strip, or similar device, including

19 any such device joined or coupled with another in any

20 manner, that has an overall capacity of more than 15

21 rounds of ammunition. "High-capacity magazine" does

22 not include an attached tubular device to accept, and

23 capable of operating only with, .22 caliber rimfire

24 ammunition; or

25 (iii) any bomb, bomb-shell, grenade, bottle or

26 other container containing an explosive substance of

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1 over one-quarter ounce for like purposes, such as, but

2 not limited to, black powder bombs and Molotov

3 cocktails or artillery projectiles; or

4 (8) Carries or possesses any firearm, stun gun or

5 taser or other deadly weapon in any place which is

6 licensed to sell intoxicating beverages, or at any public

7 gathering held pursuant to a license issued by any

8 governmental body or any public gathering at which an

9 admission is charged, excluding a place where a showing,

10 demonstration or lecture involving the exhibition of

11 unloaded firearms is conducted.

12 This subsection (a)(8) does not apply to any auction

13 or raffle of a firearm held pursuant to a license or permit

14 issued by a governmental body, nor does it apply to

15 persons engaged in firearm safety training courses; or

16 (9) Carries or possesses in a vehicle or on or about

17 his or her person any pistol, revolver, stun gun or taser

18 or firearm or ballistic knife, when he or she is hooded,

19 robed or masked in such manner as to conceal his or her

20 identity; or

21 (10) Carries or possesses on or about his or her

22 person, upon any public street, alley, or other public

23 lands within the corporate limits of a city, village, or

24 incorporated town, except when an invitee thereon or

25 therein, for the purpose of the display of such weapon or

26 the lawful commerce in weapons, or except when on his land

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1 or in his or her own abode, legal dwelling, or fixed place

2 of business, or on the land or in the legal dwelling of

3 another person as an invitee with that person's

4 permission, any pistol, revolver, stun gun, or taser or

5 other firearm, except that this subsection (a)(10) does

6 not apply to or affect transportation of weapons that meet

7 one of the following conditions:

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

9 (ii) are not immediately accessible; or

10 (iii) are unloaded and enclosed in a case, firearm

11 carrying box, shipping box, or other container by a

12 person who has been issued a currently valid Firearm

13 Owner's Identification Card; or

14 (iv) are carried or possessed in accordance with

15 the Firearm Concealed Carry Act by a person who has

16 been issued a currently valid license under the

17 Firearm Concealed Carry Act.

18 A "stun gun or taser", as used in this paragraph (a)

19 means (i) any device which is powered by electrical

20 charging units, such as, batteries, and which fires one or

21 several barbs attached to a length of wire and which, upon

22 hitting a human, can send out a current capable of

23 disrupting the person's nervous system in such a manner as

24 to render him incapable of normal functioning or (ii) any

25 device which is powered by electrical charging units, such

26 as batteries, and which, upon contact with a human or

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1 clothing worn by a human, can send out current capable of

2 disrupting the person's nervous system in such a manner as

3 to render him incapable of normal functioning; or

4 (11) Sells, manufactures, delivers, imports,

5 possesses, or purchases any assault weapon attachment or

6 .50 caliber cartridge in violation of Section 24-1.9 or

7 any explosive bullet. For purposes of this paragraph (a)

8 "explosive bullet" means the projectile portion of an

9 ammunition cartridge which contains or carries an

10 explosive charge which will explode upon contact with the

11 flesh of a human or an animal. "Cartridge" means a tubular

12 metal case having a projectile affixed at the front

13 thereof and a cap or primer at the rear end thereof, with

14 the propellant contained in such tube between the

15 projectile and the cap; or

16 (12) (Blank); or

17 (13) Carries or possesses on or about his or her

18 person while in a building occupied by a unit of

19 government, a billy club, other weapon of like character,

20 or other instrument of like character intended for use as

21 a weapon. For the purposes of this Section, "billy club"

22 means a short stick or club commonly carried by police

23 officers which is either telescopic or constructed of a

24 solid piece of wood or other man-made material; or

25 (14) Manufactures, possesses, sells, or offers to

26 sell, purchase, manufacture, import, transfer, or use any

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1 device, part, kit, tool, accessory, or combination of

2 parts that is designed to and functions to increase the

3 rate of fire of a semiautomatic firearm above the standard

4 rate of fire for semiautomatic firearms that is not

5 equipped with that device, part, or combination of parts;

6 or

7 (15) Carries or possesses any assault weapon or .50

8 caliber rifle in violation of Section 24-1.9; or

9 (16) Manufactures, sells, delivers, imports, or

10 purchases any assault weapon or .50 caliber rifle in

11 violation of Section 24-1.9.

12 (b) Sentence. A person convicted of a violation of

13 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

14 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

15 commits a Class A misdemeanor. A person convicted of a

16 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

17 Class 4 felony; a person convicted of a violation of

18 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

19 24-1(a)(16) commits a Class 3 felony. A person convicted of a

20 violation of subsection 24-1(a)(7)(i) or 24-1(a)(7)(ii-5)

21 commits a Class 2 felony and shall be sentenced to a term of

22 imprisonment of not less than 3 years and not more than 7

23 years, unless the weapon is possessed in the passenger

24 compartment of a motor vehicle as defined in Section 1-146 of

25 the Illinois Vehicle Code, or on the person, while the weapon

26 is loaded, in which case it shall be a Class X felony. A person

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1 convicted of a second or subsequent violation of subsection

2 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or

3 24-1(a)(15) commits a Class 3 felony. A person convicted of a

4 violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a

5 Class 2 felony. The possession of each weapon or device in

6 violation of this Section constitutes a single and separate

7 violation.

8 (c) Violations in specific places.

9 (1) A person who violates subsection 24-1(a)(6) or

10 24-1(a)(7) in any school, regardless of the time of day or

11 the time of year, in residential property owned, operated

12 or managed by a public housing agency or leased by a public

13 housing agency as part of a scattered site or mixed-income

14 development, in a public park, in a courthouse, on the

15 real property comprising any school, regardless of the

16 time of day or the time of year, on residential property

17 owned, operated or managed by a public housing agency or

18 leased by a public housing agency as part of a scattered

19 site or mixed-income development, on the real property

20 comprising any public park, on the real property

21 comprising any courthouse, in any conveyance owned, leased

22 or contracted by a school to transport students to or from

23 school or a school related activity, in any conveyance

24 owned, leased, or contracted by a public transportation

25 agency, or on any public way within 1,000 feet of the real

26 property comprising any school, public park, courthouse,

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1 public transportation facility, or residential property

2 owned, operated, or managed by a public housing agency or

3 leased by a public housing agency as part of a scattered

4 site or mixed-income development commits a Class 2 felony

5 and shall be sentenced to a term of imprisonment of not

6 less than 3 years and not more than 7 years.

7 (1.5) A person who violates subsection 24-1(a)(4),

8 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

9 the time of day or the time of year, in residential

10 property owned, operated, or managed by a public housing

11 agency or leased by a public housing agency as part of a

12 scattered site or mixed-income development, in a public

13 park, in a courthouse, on the real property comprising any

14 school, regardless of the time of day or the time of year,

15 on residential property owned, operated, or managed by a

16 public housing agency or leased by a public housing agency

17 as part of a scattered site or mixed-income development,

18 on the real property comprising any public park, on the

19 real property comprising any courthouse, in any conveyance

20 owned, leased, or contracted by a school to transport

21 students to or from school or a school related activity,

22 in any conveyance owned, leased, or contracted by a public

23 transportation agency, or on any public way within 1,000

24 feet of the real property comprising any school, public

25 park, courthouse, public transportation facility, or

26 residential property owned, operated, or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development

3 commits a Class 3 felony.

4 (2) A person who violates subsection 24-1(a)(1),

5 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

6 time of day or the time of year, in residential property

7 owned, operated or managed by a public housing agency or

8 leased by a public housing agency as part of a scattered

9 site or mixed-income development, in a public park, in a

10 courthouse, on the real property comprising any school,

11 regardless of the time of day or the time of year, on

12 residential property owned, operated or managed by a

13 public housing agency or leased by a public housing agency

14 as part of a scattered site or mixed-income development,

15 on the real property comprising any public park, on the

16 real property comprising any courthouse, in any conveyance

17 owned, leased or contracted by a school to transport

18 students to or from school or a school related activity,

19 in any conveyance owned, leased, or contracted by a public

20 transportation agency, or on any public way within 1,000

21 feet of the real property comprising any school, public

22 park, courthouse, public transportation facility, or

23 residential property owned, operated, or managed by a

24 public housing agency or leased by a public housing agency

25 as part of a scattered site or mixed-income development

26 commits a Class 4 felony. "Courthouse" means any building

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1 that is used by the Circuit, Appellate, or Supreme Court

2 of this State for the conduct of official business.

3 (3) Paragraphs (1), (1.5), and (2) of this subsection

4 (c) shall not apply to law enforcement officers or

5 security officers of such school, college, or university

6 or to students carrying or possessing firearms for use in

7 training courses, parades, hunting, target shooting on

8 school ranges, or otherwise with the consent of school

9 authorities and which firearms are transported unloaded

10 enclosed in a suitable case, box, or transportation

11 package.

12 (4) For the purposes of this subsection (c), "school"

13 means any public or private elementary or secondary

14 school, community college, college, or university.

15 (5) For the purposes of this subsection (c), "public

16 transportation agency" means a public or private agency

17 that provides for the transportation or conveyance of

18 persons by means available to the general public, except

19 for transportation by automobiles not used for conveyance

20 of the general public as passengers; and "public

21 transportation facility" means a terminal or other place

22 where one may obtain public transportation.

23 (d) The presence in an automobile other than a public

24 omnibus of any weapon, instrument or substance referred to in

25 subsection (a)(7) is prima facie evidence that it is in the

26 possession of, and is being carried by, all persons occupying

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1 such automobile at the time such weapon, instrument or

2 substance is found, except under the following circumstances:

3 (i) if such weapon, instrument or instrumentality is found

4 upon the person of one of the occupants therein; or (ii) if

5 such weapon, instrument or substance is found in an automobile

6 operated for hire by a duly licensed driver in the due, lawful

7 and proper pursuit of his or her trade, then such presumption

8 shall not apply to the driver.

9 (e) Exemptions.

10 (1) Crossbows, Common or Compound bows and Underwater

11 Spearguns are exempted from the definition of ballistic

12 knife as defined in paragraph (1) of subsection (a) of

13 this Section.

14 (2) The provision of paragraph (1) of subsection (a)

15 of this Section prohibiting the sale, manufacture,

16 purchase, possession, or carrying of any knife, commonly

17 referred to as a switchblade knife, which has a blade that

18 opens automatically by hand pressure applied to a button,

19 spring or other device in the handle of the knife, does not

20 apply to a person who possesses a currently valid Firearm

21 Owner's Identification Card previously issued in his or

22 her name by the Illinois State Police or to a person or an

23 entity engaged in the business of selling or manufacturing

24 switchblade knives.

25 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;

26 103-822, eff. 1-1-25.)

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1 (720 ILCS 5/24-1.6)

2 Sec. 24-1.6. Aggravated unlawful possession of a weapon.

3 (a) A person commits the offense of aggravated unlawful

4 possession of a weapon when he or she knowingly:

5 (1) Carries on or about his or her person or in any

6 vehicle or concealed on or about his or her person except

7 when on his or her land or in his or her abode, legal

8 dwelling, or fixed place of business, or on the land or in

9 the legal dwelling of another person as an invitee with

10 that person's permission, any pistol, revolver, stun gun

11 or taser or other firearm; or

12 (2) Carries or possesses on or about his or her

13 person, upon any public street, alley, or other public

14 lands within the corporate limits of a city, village or

15 incorporated town, except when an invitee thereon or

16 therein, for the purpose of the display of such weapon or

17 the lawful commerce in weapons, or except when on his or

18 her own land or in his or her own abode, legal dwelling, or

19 fixed place of business, or on the land or in the legal

20 dwelling of another person as an invitee with that

21 person's permission, any pistol, revolver, stun gun or

22 taser or other firearm; and

23 (3) One of the following factors is present:

24 (A) the firearm, other than a pistol, revolver, or

25 handgun, possessed was uncased, loaded, and

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1 immediately accessible at the time of the offense; or

2 (A-5) the pistol, revolver, or handgun possessed

3 was uncased, loaded, and immediately accessible at the

4 time of the offense and the person possessing the

5 pistol, revolver, or handgun has not been issued a

6 currently valid license under the Firearm Concealed

7 Carry Act; or

8 (B) the firearm, other than a pistol, revolver, or

9 handgun, possessed was uncased, unloaded, and the

10 ammunition for the weapon was immediately accessible

11 at the time of the offense; or

12 (B-5) the pistol, revolver, or handgun possessed

13 was uncased, unloaded, and the ammunition for the

14 weapon was immediately accessible at the time of the

15 offense and the person possessing the pistol,

16 revolver, or handgun has not been issued a currently

17 valid license under the Firearm Concealed Carry Act;

18 or

19 (C) the person possessing the firearm has not been

20 issued a currently valid Firearm Owner's

21 Identification Card; or

22 (D) the person possessing the weapon was

23 previously adjudicated a delinquent minor under the

24 Juvenile Court Act of 1987 for an act that if committed

25 by an adult would be a felony; or

26 (E) the person possessing the weapon was engaged

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1 in a misdemeanor violation of the Cannabis Control

2 Act, in a misdemeanor violation of the Illinois

3 Controlled Substances Act, or in a misdemeanor

4 violation of the Methamphetamine Control and Community

5 Protection Act; or

6 (F) (blank); or

7 (G) the person possessing the weapon had an order

8 of protection issued against him or her within the

9 previous 2 years; or

10 (H) the person possessing the weapon was engaged

11 in the commission or attempted commission of a

12 misdemeanor involving the use or threat of violence

13 against the person or property of another; or

14 (I) the person possessing the weapon was under 21

15 years of age and in possession of a handgun, unless the

16 person under 21 is engaged in lawful activities under

17 the Wildlife Code or described in subsection

18 24-2(b)(1), (b)(3), or 24-2(f).

19 (a-5) "Handgun" as used in this Section has the meaning

20 given to it in Section 5 of the Firearm Concealed Carry Act.

21 (b) "Stun gun or taser" as used in this Section has the

22 same definition given to it in Section 24-1 of this Code.

23 (c) This Section does not apply to or affect the

24 transportation or possession of weapons that:

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

26 (ii) are not immediately accessible; or

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1 (iii) are unloaded and enclosed in a case, firearm

2 carrying box, shipping box, or other container by a person

3 who has been issued a currently valid Firearm Owner's

4 Identification Card.

5 (d) Sentence.

6 (1) Aggravated unlawful possession of a weapon is a

7 Class 4 felony; a second or subsequent offense is a Class 2

8 felony for which the person shall be sentenced to a term of

9 imprisonment of not less than 3 years and not more than 7

10 years, except as provided for in Section 5-4.5-110 of the

11 Unified Code of Corrections.

12 (2) Except as otherwise provided in paragraphs (3) and

13 (4) of this subsection (d), a first offense of aggravated

14 unlawful possession of a weapon committed with a firearm

15 by a person 18 years of age or older where the factors

16 listed in both items (A) and (C) or both items (A-5) and

17 (C) of paragraph (3) of subsection (a) are present is a

18 Class 4 felony, for which the person shall be sentenced to

19 a term of imprisonment of not less than one year and not

20 more than 3 years.

21 (3) Aggravated unlawful possession of a weapon by a

22 person who has been previously convicted of a felony in

23 this State or another jurisdiction is a Class 2 felony for

24 which the person shall be sentenced to a term of

25 imprisonment of not less than 3 years and not more than 7

26 years, except as provided for in Section 5-4.5-110 of the

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1 Unified Code of Corrections.

2 (4) Aggravated unlawful possession of a weapon while

3 wearing or in possession of body armor as defined in

4 Section 33F-1 by a person who has not been issued a valid

5 Firearms Owner's Identification Card in accordance with

6 Section 5 of the Firearm Owners Identification Card Act is

7 a Class X felony.

8 (5) Aggravated unlawful possession of a weapon while

9 carrying or possessing a weapon that has been modified or

10 equipped with a forced reset trigger, including an

11 auto-switch or binary switch, or high-capacity magazine,

12 is a Class X felony. In this paragraph, "forced reset

13 trigger" and "high-capacity magazine" have the meanings

14 ascribed to them in subparagraphs (i) and (ii-5) of

15 paragraph (7) of subsection (a) of Section 24-1,

16 respectively.

17 (e) The possession of each firearm in violation of this

18 Section constitutes a single and separate violation.

19 (Source: P.A. 103-822, eff. 1-1-25.)

20 (720 ILCS 5/24-2)

21 Sec. 24-2. Exemptions.

22 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

23 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

24 the following:

25 (1) Peace officers, and any person summoned by a peace

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1 officer to assist in making arrests or preserving the

2 peace, while actually engaged in assisting such officer.

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

4 penitentiaries, jails, and other institutions for the

5 detention of persons accused or convicted of an offense,

6 while in the performance of their official duty, or while

7 commuting between their homes and places of employment.

8 (3) Members of the Armed Services or Reserve Forces of

9 the United States or the Illinois National Guard or the

10 Reserve Officers Training Corps, while in the performance

11 of their official duty.

12 (4) Special agents employed by a railroad or a public

13 utility to perform police functions, and guards of armored

14 car companies, while actually engaged in the performance

15 of the duties of their employment or commuting between

16 their homes and places of employment; and watchmen while

17 actually engaged in the performance of the duties of their

18 employment.

19 (5) Persons licensed as private security contractors,

20 private detectives, or private alarm contractors, or

21 employed by a private security contractor, private

22 detective, or private alarm contractor agency licensed by

23 the Department of Financial and Professional Regulation,

24 if their duties include the carrying of a weapon under the

25 provisions of the Private Detective, Private Alarm,

26 Private Security, Fingerprint Vendor, and Locksmith Act of

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1 2004, while actually engaged in the performance of the

2 duties of their employment or commuting between their

3 homes and places of employment. A person shall be

4 considered eligible for this exemption if he or she has

5 completed the required 20 hours of training for a private

6 security contractor, private detective, or private alarm

7 contractor, or employee of a licensed private security

8 contractor, private detective, or private alarm contractor

9 agency and 28 hours of required firearm training, and has

10 been issued a firearm control card by the Department of

11 Financial and Professional Regulation. Conditions for the

12 renewal of firearm control cards issued under the

13 provisions of this Section shall be the same as for those

14 cards issued under the provisions of the Private

15 Detective, Private Alarm, Private Security, Fingerprint

16 Vendor, and Locksmith Act of 2004. The firearm control

17 card shall be carried by the private security contractor,

18 private detective, or private alarm contractor, or

19 employee of the licensed private security contractor,

20 private detective, or private alarm contractor agency at

21 all times when he or she is in possession of a concealable

22 weapon permitted by his or her firearm control card.

23 (6) Any person regularly employed in a commercial or

24 industrial operation as a security guard for the

25 protection of persons employed and private property

26 related to such commercial or industrial operation, while

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1 actually engaged in the performance of his or her duty or

2 traveling between sites or properties belonging to the

3 employer, and who, as a security guard, is a member of a

4 security force registered with the Department of Financial

5 and Professional Regulation; provided that such security

6 guard has successfully completed a course of study,

7 approved by and supervised by the Department of Financial

8 and Professional Regulation, consisting of not less than

9 48 hours of training that includes the theory of law

10 enforcement, liability for acts, and the handling of

11 weapons. A person shall be considered eligible for this

12 exemption if he or she has completed the required 20 hours

13 of training for a security officer and 28 hours of

14 required firearm training, and has been issued a firearm

15 control card by the Department of Financial and

16 Professional Regulation. Conditions for the renewal of

17 firearm control cards issued under the provisions of this

18 Section shall be the same as for those cards issued under

19 the provisions of the Private Detective, Private Alarm,

20 Private Security, Fingerprint Vendor, and Locksmith Act of

21 2004. The firearm control card shall be carried by the

22 security guard at all times when he or she is in possession

23 of a concealable weapon permitted by his or her firearm

24 control card.

25 (7) Agents and investigators of the Illinois

26 Legislative Investigating Commission authorized by the

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1 Commission to carry the weapons specified in subsections

2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

3 any investigation for the Commission.

4 (8) Persons employed by a financial institution as a

5 security guard for the protection of other employees and

6 property related to such financial institution, while

7 actually engaged in the performance of their duties,

8 commuting between their homes and places of employment, or

9 traveling between sites or properties owned or operated by

10 such financial institution, and who, as a security guard,

11 is a member of a security force registered with the

12 Department; provided that any person so employed has

13 successfully completed a course of study, approved by and

14 supervised by the Department of Financial and Professional

15 Regulation, consisting of not less than 48 hours of

16 training which includes theory of law enforcement,

17 liability for acts, and the handling of weapons. A person

18 shall be considered to be eligible for this exemption if

19 he or she has completed the required 20 hours of training

20 for a security officer and 28 hours of required firearm

21 training, and has been issued a firearm control card by

22 the Department of Financial and Professional Regulation.

23 Conditions for renewal of firearm control cards issued

24 under the provisions of this Section shall be the same as

25 for those issued under the provisions of the Private

26 Detective, Private Alarm, Private Security, Fingerprint

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1 Vendor, and Locksmith Act of 2004. The firearm control

2 card shall be carried by the security guard at all times

3 when he or she is in possession of a concealable weapon

4 permitted by his or her firearm control card. For purposes

5 of this subsection, "financial institution" means a bank,

6 savings and loan association, credit union, or company

7 providing armored car services.

8 (9) Any person employed by an armored car company to

9 drive an armored car, while actually engaged in the

10 performance of his duties.

11 (10) Persons who have been classified as peace

12 officers pursuant to the Peace Officer Fire Investigation

13 Act.

14 (11) Investigators of the Office of the State's

15 Attorneys Appellate Prosecutor authorized by the board of

16 governors of the Office of the State's Attorneys Appellate

17 Prosecutor to carry weapons pursuant to Section 7.06 of

18 the State's Attorneys Appellate Prosecutor's Act.

19 (12) Special investigators appointed by a State's

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

21 (12.5) Probation officers while in the performance of

22 their duties, or while commuting between their homes,

23 places of employment or specific locations that are part

24 of their assigned duties, with the consent of the chief

25 judge of the circuit for which they are employed, if they

26 have received weapons training according to requirements

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1 of the Peace Officer and Probation Officer Firearm

2 Training Act.

3 (13) Court security officers ~~Security Officers~~ while

4 in the performance of their official duties, or while

5 commuting between their homes and places of employment,

6 with the consent of the sheriff ~~Sheriff~~.

7 (13.5) A person employed as an armed security guard at

8 a nuclear energy, storage, weapons, or development site or

9 facility regulated by the Nuclear Regulatory Commission

10 who has completed the background screening and training

11 mandated by the rules and regulations of the Nuclear

12 Regulatory Commission.

13 (14) Manufacture, transportation, or sale of weapons

14 to persons authorized under subdivisions (1) through

15 (13.5) of this subsection to possess those weapons.

16 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

17 to or affect any person carrying a concealed pistol, revolver,

18 or handgun and the person has been issued a currently valid

19 license under the Firearm Concealed Carry Act at the time of

20 the commission of the offense.

21 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

22 to or affect a qualified current or retired law enforcement

23 officer or a current or retired deputy, county correctional

24 officer, or correctional officer of the Department of

25 Corrections qualified under the laws of this State or under

26 the federal Law Enforcement Officers Safety Act.

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1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

2 24-1.6 do not apply to or affect any of the following:

3 (1) Members of any club or organization organized for

4 the purpose of practicing shooting at targets upon

5 established target ranges, whether public or private, and

6 patrons of such ranges, while such members or patrons are

7 using their firearms on those target ranges.

8 (2) Duly authorized military or civil organizations

9 while parading, with the special permission of the

10 Governor.

11 (3) Hunters, trappers, or fishermen while engaged in

12 lawful hunting, trapping, or fishing under the provisions

13 of the Wildlife Code or the Fish and Aquatic Life Code.

14 (4) Transportation of weapons that are broken down in

15 a non-functioning state or are not immediately accessible.

16 (5) Carrying or possessing any pistol, revolver, stun

17 gun or taser or other firearm on the land or in the legal

18 dwelling of another person as an invitee with that

19 person's permission.

20 (c) Subsections ~~Subsection~~ 24-1(a)(7)(i), (ii), (ii-5),

21 and (iii) do ~~does~~ not apply to or affect any of the following:

22 (1) Peace officers while in performance of their

23 official duties.

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

25 penitentiaries, jails, and other institutions for the

26 detention of persons accused or convicted of an offense.

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1 (3) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard, while in

3 the performance of their official duty.

4 (4) Manufacture, transportation, or sale of machine

5 guns to persons authorized under subdivisions (1) through

6 (3) of this subsection to possess machine guns, if the

7 machine guns are broken down in a non-functioning state or

8 are not immediately accessible.

9 (5) Persons licensed under federal law to manufacture

10 any weapon from which 8 or more shots or bullets can be

11 discharged by a single function of the firing device, or

12 ammunition for such weapons, and actually engaged in the

13 business of manufacturing such weapons or ammunition, but

14 only with respect to activities which are within the

15 lawful scope of such business, such as the manufacture,

16 transportation, or testing of such weapons or ammunition.

17 This exemption does not authorize the general private

18 possession of any weapon from which 8 or more shots or

19 bullets can be discharged by a single function of the

20 firing device, but only such possession and activities as

21 are within the lawful scope of a licensed manufacturing

22 business described in this paragraph.

23 During transportation, such weapons shall be broken

24 down in a non-functioning state or not immediately

25 accessible.

26 (6) The manufacture, transport, testing, delivery,

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1 transfer, or sale, and all lawful commercial or

2 experimental activities necessary thereto, of rifles,

3 shotguns, and weapons made from rifles or shotguns, or

4 ammunition for such rifles, shotguns, or weapons, where

5 engaged in by a person operating as a contractor or

6 subcontractor pursuant to a contract or subcontract for

7 the development and supply of such rifles, shotguns,

8 weapons, or ammunition to the United States government or

9 any branch of the Armed Forces of the United States, when

10 such activities are necessary and incident to fulfilling

11 the terms of such contract.

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

13 shall also apply to any authorized agent of any such

14 contractor or subcontractor who is operating within the

15 scope of his employment, where such activities involving

16 such weapon, weapons, or ammunition are necessary and

17 incident to fulfilling the terms of such contract.

18 (7) A person possessing a rifle with a barrel or

19 barrels less than 16 inches in length if: (A) the person

20 has been issued a Curios and Relics license from the U.S.

21 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

22 (B) the person is an active member of a bona fide,

23 nationally recognized military re-enacting group and the

24 modification is required and necessary to accurately

25 portray the weapon for historical re-enactment purposes;

26 the re-enactor is in possession of a valid and current

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1 re-enacting group membership credential; and the overall

2 length of the weapon as modified is not less than 26

3 inches.

4 (d) Subsection 24-1(a)(1) does not apply to the purchase,

5 possession or carrying of a black-jack or slung-shot by a

6 peace officer.

7 (e) Subsection 24-1(a)(8) does not apply to any owner,

8 manager, or authorized employee of any place specified in that

9 subsection nor to any law enforcement officer.

10 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

11 Section 24-1.6 do not apply to members of any club or

12 organization organized for the purpose of practicing shooting

13 at targets upon established target ranges, whether public or

14 private, while using their firearms on those target ranges.

15 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

16 to:

17 (1) Members of the Armed Services or Reserve Forces of

18 the United States or the Illinois National Guard, while in

19 the performance of their official duty.

20 (2) Bonafide collectors of antique or surplus military

21 ordnance.

22 (3) Laboratories having a department of forensic

23 ballistics~~,~~ or specializing in the development of

24 ammunition or explosive ordnance.

25 (4) Commerce, preparation, assembly, or possession of

26 explosive bullets by manufacturers of ammunition licensed

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1 by the federal government, in connection with the supply

2 of those organizations and persons exempted by subdivision

3 (g)(1) of this Section, or like organizations and persons

4 outside this State, or the transportation of explosive

5 bullets to any organization or person exempted in this

6 Section by a common carrier or by a vehicle owned or leased

7 by an exempted manufacturer.

8 (g-5) Subsection 24-1(a)(6) does not apply to or affect

9 persons licensed under federal law to manufacture any device

10 or attachment of any kind designed, used, or intended for use

11 in silencing the report of any firearm, firearms, or

12 ammunition for those firearms equipped with those devices, and

13 actually engaged in the business of manufacturing those

14 devices, firearms, or ammunition, but only with respect to

15 activities that are within the lawful scope of that business,

16 such as the manufacture, transportation, or testing of those

17 devices, firearms, or ammunition. This exemption does not

18 authorize the general private possession of any device or

19 attachment of any kind designed, used, or intended for use in

20 silencing the report of any firearm, but only such possession

21 and activities as are within the lawful scope of a licensed

22 manufacturing business described in this subsection (g-5).

23 During transportation, these devices shall be detached from

24 any weapon or not immediately accessible.

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

26 24-1.6 do not apply to or affect any parole agent or parole

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1 supervisor who meets the qualifications and conditions

2 prescribed in Section 3-14-1.5 of the Unified Code of

3 Corrections.

4 (g-7) Subsection 24-1(a)(6) does not apply to a peace

5 officer while serving as a member of a tactical response team

6 or special operations team. A peace officer may not personally

7 own or apply for ownership of a device or attachment of any

8 kind designed, used, or intended for use in silencing the

9 report of any firearm. These devices shall be owned and

10 maintained by lawfully recognized units of government whose

11 duties include the investigation of criminal acts.

12 (g-10) (Blank).

13 (h) An information or indictment based upon a violation of

14 any subsection of this Article need not negate ~~negative~~ any

15 exemptions contained in this Article. The defendant shall have

16 the burden of proving such an exemption.

17 (i) Nothing in this Article shall prohibit, apply to, or

18 affect the transportation, carrying, or possession~~,~~ of any

19 pistol or revolver, stun gun, taser, or other firearm

20 consigned to a common carrier operating under license of the

21 State of Illinois or the federal government, where such

22 transportation, carrying, or possession is incident to the

23 lawful transportation in which such common carrier is engaged;

24 and nothing in this Article shall prohibit, apply to, or

25 affect the transportation, carrying, or possession of any

26 pistol, revolver, stun gun, taser, or other firearm, not the

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1 subject of and regulated by subsection 24-1(a)(7) or

2 subsection 24-2(c) of this Article, which is unloaded and

3 enclosed in a case, firearm carrying box, shipping box, or

4 other container, by the possessor of a valid Firearm Owners

5 Identification Card.

6 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;

7 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised

8 7-22-24.)

9 (720 ILCS 5/24-5.1)

10 Sec. 24-5.1. Serialization of unfinished frames or

11 receivers; prohibition on unserialized firearms; exceptions;

12 penalties.

13 (a) In this Section:

14 "Bona fide supplier" means an established business entity

15 engaged in the development and sale of firearms parts to one or

16 more federal firearms manufacturers or federal firearms

17 importers.

18 "Federal firearms dealer" means a licensed manufacturer

19 pursuant to 18 U.S.C. 921(a)(11).

20 "Federal firearms importer" means a licensed importer

21 pursuant to 18 U.S.C. 921(a)(9).

22 "Federal firearms manufacturer" means a licensed

23 manufacturer pursuant to 18 U.S.C. 921(a)(10).

24 "Frame or receiver" means a part of a firearm that, when

25 the complete weapon is assembled, is visible from the exterior

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1 and provides housing or a structure designed to hold or

2 integrate one or more fire control components, even if pins or

3 other attachments are required to connect those components to

4 the housing or structure. For models of firearms in which

5 multiple parts provide such housing or structure, the part or

6 parts that the Director of the federal Bureau of Alcohol,

7 Tobacco, Firearms and Explosives has determined are a frame or

8 receiver constitute the frame or receiver. For purposes of

9 this definition, "fire control component" means a component

10 necessary for the firearm to initiate, complete, or continue

11 the firing sequence, including any of the following: hammer,

12 bolt, bolt carrier, breechblock, cylinder, trigger mechanism,

13 firing pin, striker, or slide rails.

14 "Security exemplar" means an object to be fabricated at

15 the direction of the United States Attorney General that is

16 (1) constructed of 3.7 ounces of material type 17-4 PH

17 stainless steel in a shape resembling a handgun and (2)

18 suitable for testing and calibrating metal detectors.

19 "Three-dimensional printer" means a computer or

20 computer-drive machine capable of producing a

21 three-dimensional object from a digital model.

22 "Undetectable firearm" means (1) a firearm constructed

23 entirely of non-metal substances; (2) a firearm that, after

24 removal of all parts but the major components of the firearm,

25 is not detectable by walk-through metal detectors calibrated

26 and operated to detect the security exemplar; or (3) a firearm

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1 that includes a major component of a firearm, which, if

2 subject to the types of detection devices commonly used at

3 airports for security screening, would not generate an image

4 that accurately depicts the shape of the component.

5 "Undetectable firearm" does not include a firearm subject to

6 the provisions of 18 U.S.C. 922(p)(3) through (6).

7 "Unfinished frame or receiver" means any forging, casting,

8 printing, extrusion, machined body, or similar article that:

9 (1) has reached a stage in manufacture where it may

10 readily be completed, assembled, or converted to be a

11 functional firearm; or

12 (2) is marketed or sold to the public to become or be

13 used as the frame or receiver of a functional firearm once

14 completed, assembled, or converted.

15 "Unserialized" means lacking a serial number imprinted by:

16 (1) a federal firearms manufacturer, federal firearms

17 importer, federal firearms dealer, or other federal

18 licensee authorized to provide marking services, pursuant

19 to a requirement under federal law; or

20 (2) a federal firearms dealer or other federal

21 licensee authorized to provide marking services pursuant

22 to subsection (f) of this Section.

23 (b) It is unlawful for any person to knowingly sell, offer

24 to sell, or transfer an unserialized unfinished frame or

25 receiver or unserialized firearm, including those produced

26 using a three-dimensional printer, unless the party purchasing

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1 or receiving the unfinished frame or receiver or unserialized

2 firearm is a federal firearms importer, federal firearms

3 manufacturer, or federal firearms dealer.

4 (c) Beginning 180 days after May 18, 2022 (the effective

5 date of Public Act 102-889), it is unlawful for any person to

6 knowingly possess, transport, or receive an unfinished frame

7 or receiver, unless:

8 (1) the party possessing or receiving the unfinished

9 frame or receiver is a federal firearms importer or

10 federal firearms manufacturer;

11 (2) the unfinished frame or receiver is possessed or

12 transported by a person for transfer to a federal firearms

13 importer or federal firearms manufacturer; or

14 (3) the unfinished frame or receiver has been

15 imprinted with a serial number issued by a federal

16 firearms importer or federal firearms manufacturer in

17 compliance with subsection (f) of this Section.

18 (d) Beginning 180 days after May 18, 2022 (the effective

19 date of Public Act 102-889), unless the party receiving the

20 firearm is a federal firearms importer or federal firearms

21 manufacturer, it is unlawful for any person to knowingly

22 possess, purchase, transport, or receive a firearm that is not

23 imprinted with a serial number by (1) a federal firearms

24 importer or federal firearms manufacturer in compliance with

25 all federal laws and regulations regulating the manufacture

26 and import of firearms or (2) a federal firearms manufacturer,

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1 federal firearms dealer, or other federal licensee authorized

2 to provide marking services in compliance with the

3 unserialized firearm serialization process under subsection

4 (f) of this Section.

5 (e) Any firearm or unfinished frame or receiver

6 manufactured using a three-dimensional printer must also be

7 serialized in accordance with the requirements of subsection

8 (f) within 30 days after May 18, 2022 (the effective date of

9 Public Act 102-889), or prior to reaching a stage of

10 manufacture where it may be readily completed, assembled, or

11 converted to be a functional firearm.

12 (f) Unserialized unfinished frames or receivers and

13 unserialized firearms serialized pursuant to this Section

14 shall be serialized in compliance with all of the following:

15 (1) An unserialized unfinished frame or receiver and

16 unserialized firearm shall be serialized by a federally

17 licensed firearms dealer or other federal licensee

18 authorized to provide marking services with the licensee's

19 abbreviated federal firearms license number as a prefix

20 (which is the first 3 and last 5 digits) followed by a

21 hyphen, and then followed by a number as a suffix, such as

22 12345678-(number). The serial number or numbers must be

23 placed in a manner that accords with the requirements

24 under federal law for affixing serial numbers to firearms,

25 including the requirements that the serial number or

26 numbers be at the minimum size and depth, and not

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1 susceptible to being readily obliterated, altered, or

2 removed, and the licensee must retain records that accord

3 with the requirements under federal law in the case of the

4 sale of a firearm. The imprinting of any serial number

5 upon an undetectable firearm must be done on a steel

6 plaque in compliance with 18 U.S.C. 922(p).

7 (2) Every federally licensed firearms dealer or other

8 federal licensee that engraves, casts, stamps, or

9 otherwise conspicuously and permanently places a unique

10 serial number pursuant to this Section shall maintain a

11 record of such indefinitely. Licensees subject to the

12 Firearm Dealer License Certification Act shall make all

13 records accessible for inspection upon the request of the

14 Illinois State Police or a law enforcement agency in

15 accordance with Section 5-35 of the Firearm Dealer License

16 Certification Act.

17 (3) Every federally licensed firearms dealer or other

18 federal licensee that engraves, casts, stamps, or

19 otherwise conspicuously and permanently places a unique

20 serial number pursuant to this Section shall record it at

21 the time of every transaction involving the transfer of a

22 firearm, rifle, shotgun, finished frame or receiver, or

23 unfinished frame or receiver that has been so marked in

24 compliance with the federal guidelines set forth in 27 CFR

25 478.124.

26 (4) Every federally licensed firearms dealer or other

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1 federal licensee that engraves, casts, stamps, or

2 otherwise conspicuously and permanently places a unique

3 serial number pursuant to this Section shall review and

4 confirm the validity of the owner's Firearm Owner's

5 Identification Card issued under the Firearm Owners

6 Identification Card Act prior to returning the firearm to

7 the owner.

8 (g) Within 30 days after May 18, 2022 (the effective date

9 of Public Act 102-889), the Director of the Illinois State

10 Police shall issue a public notice regarding the provisions of

11 this Section. The notice shall include posting on the Illinois

12 State Police website and may include written notification or

13 any other means of communication statewide to all

14 Illinois-based federal firearms manufacturers, federal

15 firearms dealers, or other federal licensees authorized to

16 provide marking services in compliance with the serialization

17 process in subsection (f) in order to educate the public.

18 (h) Exceptions. This Section does not apply to an

19 unserialized unfinished frame or receiver or an unserialized

20 firearm that:

21 (1) has been rendered permanently inoperable;

22 (2) is an antique firearm, as defined in 18 U.S.C.

23 921(a)(16);

24 (3) was manufactured prior to October 22, 1968;

25 (4) is an unfinished frame or receiver and is

26 possessed by a bona fide supplier exclusively for transfer

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1 to a federal firearms manufacturer or federal firearms

2 importer, or is possessed by a federal firearms

3 manufacturer or federal firearms importer in compliance

4 with all federal laws and regulations regulating the

5 manufacture and import of firearms; except this exemption

6 does not apply if an unfinished frame or receiver is

7 possessed for transfer or is transferred to a person other

8 than a federal firearms manufacturer or federal firearms

9 importer; or

10 (5) is possessed by a person who received the

11 unserialized unfinished frame or receiver or unserialized

12 firearm through inheritance, and is not otherwise

13 prohibited from possessing the unserialized unfinished

14 frame or receiver or unserialized firearm, for a period

15 not exceeding 30 days after inheriting the unserialized

16 unfinished frame or receiver or unserialized firearm.

17 (i) Penalties.

18 (1) A person who violates subsection (c) or (d) is

19 guilty of a Class A misdemeanor for a first violation and

20 is guilty of a Class 3 felony for a second or subsequent

21 violation.

22 (2) A person who violates subsection (b) is guilty of

23 a Class 2 ~~4~~ felony for a first violation and is guilty of a

24 Class 1 ~~2~~ felony for a second or subsequent violation.

25 (Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.)

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1 Section 10. The Unified Code of Corrections is amended by

2 changing Sections 5-5-3.2 and 5-8-1 as follows:

3 (730 ILCS 5/5-5-3.2)

4 Sec. 5-5-3.2. Factors in aggravation and extended-term

5 sentencing.

6 (a) The following factors shall be accorded weight in

7 favor of imposing a term of imprisonment or may be considered

8 by the court as reasons to impose a more severe sentence under

9 Section 5-8-1 or Article 4.5 of Chapter V:

10 (1) the defendant's conduct caused or threatened

11 serious harm;

12 (2) the defendant received compensation for committing

13 the offense;

14 (3) the defendant has a history of prior delinquency

15 or criminal activity;

16 (4) the defendant, by the duties of his office or by

17 his position, was obliged to prevent the particular

18 offense committed or to bring the offenders committing it

19 to justice;

20 (5) the defendant held public office at the time of

21 the offense, and the offense related to the conduct of

22 that office;

23 (6) the defendant utilized his professional reputation

24 or position in the community to commit the offense, or to

25 afford him an easier means of committing it;

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1 (7) the sentence is necessary to deter others from

2 committing the same crime;

3 (8) the defendant committed the offense against a

4 person 60 years of age or older or such person's property;

5 (9) the defendant committed the offense against a

6 person who has a physical disability or such person's

7 property;

8 (10) by reason of another individual's actual or

9 perceived race, color, creed, religion, ancestry, gender,

10 sexual orientation, physical or mental disability, or

11 national origin, the defendant committed the offense

12 against (i) the person or property of that individual;

13 (ii) the person or property of a person who has an

14 association with, is married to, or has a friendship with

15 the other individual; or (iii) the person or property of a

16 relative (by blood or marriage) of a person described in

17 clause (i) or (ii). For the purposes of this Section,

18 "sexual orientation" has the meaning ascribed to it in

19 paragraph (O-1) of Section 1-103 of the Illinois Human

20 Rights Act;

21 (11) the offense took place in a place of worship or on

22 the grounds of a place of worship, immediately prior to,

23 during or immediately following worship services. For

24 purposes of this subparagraph, "place of worship" shall

25 mean any church, synagogue or other building, structure or

26 place used primarily for religious worship;

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1 (12) the defendant was convicted of a felony committed

2 while he was on pretrial release or his own recognizance

3 pending trial for a prior felony and was convicted of such

4 prior felony, or the defendant was convicted of a felony

5 committed while he was serving a period of probation,

6 conditional discharge, or mandatory supervised release

7 under subsection (d) of Section 5-8-1 for a prior felony;

8 (13) the defendant committed or attempted to commit a

9 felony while he was wearing a bulletproof vest. For the

10 purposes of this paragraph (13), a bulletproof vest is any

11 device which is designed for the purpose of protecting the

12 wearer from bullets, shot or other lethal projectiles;

13 (14) the defendant held a position of trust or

14 supervision such as, but not limited to, family member as

15 defined in Section 11-0.1 of the Criminal Code of 2012,

16 teacher, scout leader, baby sitter, or day care worker, in

17 relation to a victim under 18 years of age, and the

18 defendant committed an offense in violation of Section

19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

20 11-14.4 except for an offense that involves keeping a

21 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

22 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

23 or 12-16 of the Criminal Code of 1961 or the Criminal Code

24 of 2012 against that victim;

25 (15) the defendant committed an offense related to the

26 activities of an organized gang. For the purposes of this

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1 factor, "organized gang" has the meaning ascribed to it in

2 Section 10 of the Streetgang Terrorism Omnibus Prevention

3 Act;

4 (16) the defendant committed an offense in violation

5 of one of the following Sections while in a school,

6 regardless of the time of day or time of year; on any

7 conveyance owned, leased, or contracted by a school to

8 transport students to or from school or a school related

9 activity; on the real property of a school; or on a public

10 way within 1,000 feet of the real property comprising any

11 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

12 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

13 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

14 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

15 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

16 for subdivision (a)(4) or (g)(1), of the Criminal Code of

17 1961 or the Criminal Code of 2012;

18 (16.5) the defendant committed an offense in violation

19 of one of the following Sections while in a day care

20 center, regardless of the time of day or time of year; on

21 the real property of a day care center, regardless of the

22 time of day or time of year; or on a public way within

23 1,000 feet of the real property comprising any day care

24 center, regardless of the time of day or time of year:

25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

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1 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

2 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

3 18-2, or 33A-2, or Section 12-3.05 except for subdivision

4 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

5 Criminal Code of 2012;

6 (17) the defendant committed the offense by reason of

7 any person's activity as a community policing volunteer or

8 to prevent any person from engaging in activity as a

9 community policing volunteer. For the purpose of this

10 Section, "community policing volunteer" has the meaning

11 ascribed to it in Section 2-3.5 of the Criminal Code of

12 2012;

13 (18) the defendant committed the offense in a nursing

14 home or on the real property comprising a nursing home.

15 For the purposes of this paragraph (18), "nursing home"

16 means a skilled nursing or intermediate long term care

17 facility that is subject to license by the Illinois

18 Department of Public Health under the Nursing Home Care

19 Act, the Specialized Mental Health Rehabilitation Act of

20 2013, the ID/DD Community Care Act, or the MC/DD Act;

21 (19) the defendant was a federally licensed firearm

22 dealer and was previously convicted of a violation of

23 subsection (a) of Section 3 of the Firearm Owners

24 Identification Card Act and has now committed either a

25 felony violation of the Firearm Owners Identification Card

26 Act or an act of armed violence while armed with a firearm;

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1 (20) the defendant (i) committed the offense of

2 reckless homicide under Section 9-3 of the Criminal Code

3 of 1961 or the Criminal Code of 2012 or the offense of

4 driving under the influence of alcohol, other drug or

5 drugs, intoxicating compound or compounds or any

6 combination thereof under Section 11-501 of the Illinois

7 Vehicle Code or a similar provision of a local ordinance

8 and (ii) was operating a motor vehicle in excess of 20

9 miles per hour over the posted speed limit as provided in

10 Article VI of Chapter 11 of the Illinois Vehicle Code;

11 (21) the defendant (i) committed the offense of

12 reckless driving or aggravated reckless driving under

13 Section 11-503 of the Illinois Vehicle Code and (ii) was

14 operating a motor vehicle in excess of 20 miles per hour

15 over the posted speed limit as provided in Article VI of

16 Chapter 11 of the Illinois Vehicle Code;

17 (22) the defendant committed the offense against a

18 person that the defendant knew, or reasonably should have

19 known, was a member of the Armed Forces of the United

20 States serving on active duty. For purposes of this clause

21 (22), the term "Armed Forces" means any of the Armed

22 Forces of the United States, including a member of any

23 reserve component thereof or National Guard unit called to

24 active duty;

25 (23) the defendant committed the offense against a

26 person who was elderly or infirm or who was a person with a

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1 disability by taking advantage of a family or fiduciary

2 relationship with the elderly or infirm person or person

3 with a disability;

4 (24) the defendant committed any offense under Section

5 11-20.1 of the Criminal Code of 1961 or the Criminal Code

6 of 2012 and possessed 100 or more images;

7 (25) the defendant committed the offense while the

8 defendant or the victim was in a train, bus, or other

9 vehicle used for public transportation;

10 (26) the defendant committed the offense of child

11 pornography or aggravated child pornography, specifically

12 including paragraph (1), (2), (3), (4), (5), or (7) of

13 subsection (a) of Section 11-20.1 of the Criminal Code of

14 1961 or the Criminal Code of 2012 where a child engaged in,

15 solicited for, depicted in, or posed in any act of sexual

16 penetration or bound, fettered, or subject to sadistic,

17 masochistic, or sadomasochistic abuse in a sexual context

18 and specifically including paragraph (1), (2), (3), (4),

19 (5), or (7) of subsection (a) of Section 11-20.1B or

20 Section 11-20.3 of the Criminal Code of 1961 where a child

21 engaged in, solicited for, depicted in, or posed in any

22 act of sexual penetration or bound, fettered, or subject

23 to sadistic, masochistic, or sadomasochistic abuse in a

24 sexual context;

25 (26.5) the defendant committed the offense of obscene

26 depiction of a purported child, specifically including

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1 paragraph (2) of subsection (b) of Section 11-20.4 of the

2 Criminal Code of 2012 if a child engaged in, solicited

3 for, depicted in, or posed in any act of sexual

4 penetration or bound, fettered, or subject to sadistic,

5 masochistic, or sadomasochistic abuse in a sexual context;

6 (27) the defendant committed the offense of first

7 degree murder, assault, aggravated assault, battery,

8 aggravated battery, robbery, armed robbery, or aggravated

9 robbery against a person who was a veteran and the

10 defendant knew, or reasonably should have known, that the

11 person was a veteran performing duties as a representative

12 of a veterans' organization. For the purposes of this

13 paragraph (27), "veteran" means an Illinois resident who

14 has served as a member of the United States Armed Forces, a

15 member of the Illinois National Guard, or a member of the

16 United States Reserve Forces; and "veterans' organization"

17 means an organization comprised of members of which

18 substantially all are individuals who are veterans or

19 spouses, widows, or widowers of veterans, the primary

20 purpose of which is to promote the welfare of its members

21 and to provide assistance to the general public in such a

22 way as to confer a public benefit;

23 (28) the defendant committed the offense of assault,

24 aggravated assault, battery, aggravated battery, robbery,

25 armed robbery, or aggravated robbery against a person that

26 the defendant knew or reasonably should have known was a

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1 letter carrier or postal worker while that person was

2 performing his or her duties delivering mail for the

3 United States Postal Service;

4 (29) the defendant committed the offense of criminal

5 sexual assault, aggravated criminal sexual assault,

6 criminal sexual abuse, or aggravated criminal sexual abuse

7 against a victim with an intellectual disability, and the

8 defendant holds a position of trust, authority, or

9 supervision in relation to the victim;

10 (30) the defendant committed the offense of promoting

11 juvenile prostitution, patronizing a prostitute, or

12 patronizing a minor engaged in prostitution and at the

13 time of the commission of the offense knew that the

14 prostitute or minor engaged in prostitution was in the

15 custody or guardianship of the Department of Children and

16 Family Services;

17 (31) the defendant (i) committed the offense of

18 driving while under the influence of alcohol, other drug

19 or drugs, intoxicating compound or compounds or any

20 combination thereof in violation of Section 11-501 of the

21 Illinois Vehicle Code or a similar provision of a local

22 ordinance and (ii) the defendant during the commission of

23 the offense was driving his or her vehicle upon a roadway

24 designated for one-way traffic in the opposite direction

25 of the direction indicated by official traffic control

26 devices;

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1 (32) the defendant committed the offense of reckless

2 homicide while committing a violation of Section 11-907 of

3 the Illinois Vehicle Code;

4 (33) the defendant was found guilty of an

5 administrative infraction related to an act or acts of

6 public indecency or sexual misconduct in the penal

7 institution. In this paragraph (33), "penal institution"

8 has the same meaning as in Section 2-14 of the Criminal

9 Code of 2012; or

10 (34) the defendant committed the offense of leaving

11 the scene of a crash in violation of subsection (b) of

12 Section 11-401 of the Illinois Vehicle Code and the crash

13 resulted in the death of a person and at the time of the

14 offense, the defendant was: (i) driving under the

15 influence of alcohol, other drug or drugs, intoxicating

16 compound or compounds or any combination thereof as

17 defined by Section 11-501 of the Illinois Vehicle Code; or

18 (ii) operating the motor vehicle while using an electronic

19 communication device as defined in Section 12-610.2 of the

20 Illinois Vehicle Code.

21 For the purposes of this Section:

22 "School" is defined as a public or private elementary or

23 secondary school, community college, college, or university.

24 "Day care center" means a public or private State

25 certified and licensed day care center as defined in Section

26 2.09 of the Child Care Act of 1969 that displays a sign in

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1 plain view stating that the property is a day care center.

2 "Intellectual disability" means significantly subaverage

3 intellectual functioning which exists concurrently with

4 impairment in adaptive behavior.

5 "Public transportation" means the transportation or

6 conveyance of persons by means available to the general

7 public, and includes paratransit services.

8 "Traffic control devices" means all signs, signals,

9 markings, and devices that conform to the Illinois Manual on

10 Uniform Traffic Control Devices, placed or erected by

11 authority of a public body or official having jurisdiction,

12 for the purpose of regulating, warning, or guiding traffic.

13 (b) The following factors, related to all felonies, may be

14 considered by the court as reasons to impose an extended term

15 sentence under Section 5-8-2 upon any offender:

16 (1) When a defendant is convicted of any felony, after

17 having been previously convicted in Illinois or any other

18 jurisdiction of the same or similar class felony or

19 greater class felony, when such conviction has occurred

20 within 10 years after the previous conviction, excluding

21 time spent in custody, and such charges are separately

22 brought and tried and arise out of different series of

23 acts; or

24 (2) When a defendant is convicted of any felony and

25 the court finds that the offense was accompanied by

26 exceptionally brutal or heinous behavior indicative of

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1 wanton cruelty; or

2 (3) When a defendant is convicted of any felony

3 committed against:

4 (i) a person under 12 years of age at the time of

5 the offense or such person's property;

6 (ii) a person 60 years of age or older at the time

7 of the offense or such person's property; or

8 (iii) a person who had a physical disability at

9 the time of the offense or such person's property; or

10 (4) When a defendant is convicted of any felony and

11 the offense involved any of the following types of

12 specific misconduct committed as part of a ceremony, rite,

13 initiation, observance, performance, practice or activity

14 of any actual or ostensible religious, fraternal, or

15 social group:

16 (i) the brutalizing or torturing of humans or

17 animals;

18 (ii) the theft of human corpses;

19 (iii) the kidnapping of humans;

20 (iv) the desecration of any cemetery, religious,

21 fraternal, business, governmental, educational, or

22 other building or property; or

23 (v) ritualized abuse of a child; or

24 (5) When a defendant is convicted of a felony other

25 than conspiracy and the court finds that the felony was

26 committed under an agreement with 2 or more other persons

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1 to commit that offense and the defendant, with respect to

2 the other individuals, occupied a position of organizer,

3 supervisor, financier, or any other position of management

4 or leadership, and the court further finds that the felony

5 committed was related to or in furtherance of the criminal

6 activities of an organized gang or was motivated by the

7 defendant's leadership in an organized gang; or

8 (6) When a defendant is convicted of an offense

9 committed while using a firearm with a laser sight

10 attached to it. For purposes of this paragraph, "laser

11 sight" has the meaning ascribed to it in Section 26-7 of

12 the Criminal Code of 2012; or

13 (7) When a defendant who was at least 17 years of age

14 at the time of the commission of the offense is convicted

15 of a felony and has been previously adjudicated a

16 delinquent minor under the Juvenile Court Act of 1987 for

17 an act that if committed by an adult would be a Class X or

18 Class 1 felony when the conviction has occurred within 10

19 years after the previous adjudication, excluding time

20 spent in custody; or

21 (8) When a defendant commits any felony and the

22 defendant used, possessed, exercised control over, or

23 otherwise directed an animal to assault a law enforcement

24 officer engaged in the execution of his or her official

25 duties or in furtherance of the criminal activities of an

26 organized gang in which the defendant is engaged; or

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1 (9) When a defendant commits any felony and the

2 defendant knowingly video or audio records the offense

3 with the intent to disseminate the recording.

4 (c) The following factors may be considered by the court

5 as reasons to impose an extended term sentence under Section

6 5-8-2 ~~(730 ILCS 5/5-8-2)~~ upon any offender for the listed

7 offenses:

8 (1) When a defendant is convicted of first degree

9 murder, after having been previously convicted in Illinois

10 of any offense listed under paragraph (c)(2) of Section

11 5-5-3 ~~(730 ILCS 5/5-5-3)~~, when that conviction has

12 occurred within 10 years after the previous conviction,

13 excluding time spent in custody, and the charges are

14 separately brought and tried and arise out of different

15 series of acts.

16 (1.5) When a defendant is convicted of first degree

17 murder, after having been previously convicted of domestic

18 battery ~~(720 ILCS 5/12-3.2)~~ or aggravated domestic battery

19 ~~(720 ILCS 5/12-3.3)~~ committed on the same victim or after

20 having been previously convicted of violation of an order

21 of protection ~~(720 ILCS 5/12-30)~~ in which the same victim

22 was the protected person.

23 (2) When a defendant is convicted of voluntary

24 manslaughter, second degree murder, involuntary

25 manslaughter, or reckless homicide in which the defendant

26 has been convicted of causing the death of more than one

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1 individual.

2 (3) When a defendant is convicted of aggravated

3 criminal sexual assault or criminal sexual assault, when

4 there is a finding that aggravated criminal sexual assault

5 or criminal sexual assault was also committed on the same

6 victim by one or more other individuals, and the defendant

7 voluntarily participated in the crime with the knowledge

8 of the participation of the others in the crime, and the

9 commission of the crime was part of a single course of

10 conduct during which there was no substantial change in

11 the nature of the criminal objective.

12 (4) If the victim was under 18 years of age at the time

13 of the commission of the offense, when a defendant is

14 convicted of aggravated criminal sexual assault or

15 predatory criminal sexual assault of a child under

16 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

17 of Section 12-14.1 of the Criminal Code of 1961 or the

18 Criminal Code of 2012 ~~(720 ILCS 5/11-1.40 or 5/12-14.1)~~.

19 (5) When a defendant is convicted of a felony

20 violation of Section 24-1 of the Criminal Code of 1961 or

21 the Criminal Code of 2012 ~~(720 ILCS 5/24-1)~~ and there is a

22 finding that the defendant is a member of an organized

23 gang.

24 (6) When a defendant was convicted of unlawful

25 possession of weapons under Section 24-1 of the Criminal

26 Code of 1961 or the Criminal Code of 2012 ~~(720 ILCS 5/24-1)~~

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1 for possessing a weapon that is not readily

2 distinguishable as one of the weapons enumerated in

3 Section 24-1 of the Criminal Code of 1961 or the Criminal

4 Code of 2012 ~~(720 ILCS 5/24-1)~~.

5 (7) When a defendant is convicted of an offense

6 involving the illegal manufacture of a controlled

7 substance under Section 401 of the Illinois Controlled

8 Substances Act ~~(720 ILCS 570/401)~~, the illegal manufacture

9 of methamphetamine under Section 25 of the Methamphetamine

10 Control and Community Protection Act ~~(720 ILCS 646/25)~~, or

11 the illegal possession of explosives and an emergency

12 response officer in the performance of his or her duties

13 is killed or injured at the scene of the offense while

14 responding to the emergency caused by the commission of

15 the offense. In this paragraph, "emergency" means a

16 situation in which a person's life, health, or safety is

17 in jeopardy; and "emergency response officer" means a

18 peace officer, community policing volunteer, fireman,

19 emergency medical technician-ambulance, emergency medical

20 technician-intermediate, emergency medical

21 technician-paramedic, ambulance driver, other medical

22 assistance or first aid personnel, or hospital emergency

23 room personnel.

24 (8) When the defendant is convicted of attempted mob

25 action, solicitation to commit mob action, or conspiracy

26 to commit mob action under Section 8-1, 8-2, or 8-4 of the

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1 Criminal Code of 2012, where the criminal object is a

2 violation of Section 25-1 of the Criminal Code of 2012,

3 and an electronic communication is used in the commission

4 of the offense. For the purposes of this paragraph (8),

5 "electronic communication" shall have the meaning provided

6 in Section 26.5-0.1 of the Criminal Code of 2012.

7 (9) When a defendant is convicted of unlawful

8 possession of weapons under Section 24-1 or aggravated

9 unlawful possession of a weapon under Section 24-1.6 of

10 the Criminal Code of 2012 and the weapon possessed was a

11 machine gun as defined in subparagraph (i) of paragraph

12 (7) of subsection (a) of Section 24-1 of that Code or was

13 modified or equipped with a forced reset trigger,

14 including an auto-switch or binary switch, or

15 high-capacity magazine.

16 (10) When a defendant is convicted of a violent crime

17 as defined in Section 3 of the Rights of Crime Victims and

18 Witnesses Act and a machine gun, as defined in

19 subparagraph (i) of paragraph (7) of subsection (a) of

20 Section 24-1 of the Criminal Code of 2012, or a firearm

21 that was modified or equipped with a forced reset trigger,

22 including an auto-switch or binary switch or high-capacity

23 magazine was used in the commission of the crime.

24 (11) When a defendant is convicted of unlawful

25 possession of weapons under Section 24-1 of the Criminal

26 Code of 2012 and the weapon possessed is a firearm in which

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1 the frame or receiver of the firearm possessed was not

2 imprinted with a serial number.

3 (12) When a defendant is convicted of a violent crime

4 as defined in Section 3 of the Rights of Crime Victims and

5 Witnesses Act, and a firearm was used in the commission of

6 the offense and the frame or receiver of the firearm

7 possessed was not imprinted with a serial number.

8 (c-1) For the purposes of paragraphs (9) and (10) of

9 subsection (c), the General Assembly finds and declares that

10 machine gun conversion switches present an extraordinary

11 threat to public safety, as they can be readily made using a 3D

12 printer and can quickly turn a firearm into a fully automatic

13 weapon. A firearm equipped with a high-capacity magazine can

14 be said to have significantly more firepower than a

15 semi-automatic firearm because it can fire a significantly

16 larger number of shots without reloading. Additionally, the

17 use of firearms equipped with machine gun switches that allow

18 firearms to fire automatically increases the risk of harm to

19 innocent bystanders. High-capacity magazines that enable

20 individuals to fire numerous rounds without reloading increase

21 the potential for mass casualties. Firearms equipped with such

22 devices pose a greater danger to the community due to the

23 increased frequency with which they are reported to being used

24 in the commission of violent crimes all over the country. By

25 enhancing penalties for use of such firearms, the General

26 Assembly seeks to: reduce the risk of gun violence and mass

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1 casualties; to protect first responders and law enforcement

2 from facing enhanced firepower; and to prevent circumvention

3 of gun safety laws in Illinois; and to reduce the risk of

4 fatalities in shootings.

5 (c-2) For the purposes of paragraphs (11) and (12) of

6 subsection (c), the General Assembly finds and declares that

7 the use of firearms that are not marked with serial numbers

8 poses a greater danger to the community due to the increased

9 frequency with which they are used in the commission of

10 violent crimes and the difficulty of tracing such firearms.

11 Because there is an increased market for these types of

12 weapons for use in the commission of criminal activity,

13 providing for stricter penalties for the possession and use of

14 firearms not marked with serial numbers or "ghost guns" by

15 individuals not authorized to possess or carry any firearms

16 will help deter similar crimes.

17 (d) For the purposes of this Section, "organized gang" has

18 the meaning ascribed to it in Section 10 of the Illinois

19 Streetgang Terrorism Omnibus Prevention Act.

20 (d-1) For the purposes of paragraphs (9) and (10) of

21 subsection (c), "forced reset trigger" and "high-capacity

22 magazine" have the meanings ascribed to them in subparagraphs

23 (i) and (ii-5) of paragraph (7) of subsection (a) of Section

24 24-1 of the Criminal Code of 2012, respectively.

25 (d-2) For the purposes of paragraphs (11) and (12) of

26 subsection (c), firearm" does not include an antique firearm,

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1 as defined in 18 U.S.C. 921(a)(16) or any firearm that was

2 manufactured prior to October 22, 1968.

3 (e) The court may impose an extended term sentence under

4 Article 4.5 of Chapter V upon an offender who has been

5 convicted of a felony violation of Section 11-1.20, 11-1.30,

6 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

7 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

8 when the victim of the offense is under 18 years of age at the

9 time of the commission of the offense and, during the

10 commission of the offense, the victim was under the influence

11 of alcohol, regardless of whether or not the alcohol was

12 supplied by the offender; and the offender, at the time of the

13 commission of the offense, knew or should have known that the

14 victim had consumed alcohol.

15 (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;

16 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)

17 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

18 Sec. 5-8-1. Natural life imprisonment; enhancements for

19 use of a firearm; mandatory supervised release terms.

20 (a) Except as otherwise provided in the statute defining

21 the offense or in Article 4.5 of Chapter V, a sentence of

22 imprisonment for a felony shall be a determinate sentence set

23 by the court under this Section, subject to Section 5-4.5-115

24 of this Code, according to the following limitations:

25 (1) for first degree murder,

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1 (a) (blank),

2 (b) if a trier of fact finds beyond a reasonable

3 doubt that the murder was accompanied by exceptionally

4 brutal or heinous behavior indicative of wanton

5 cruelty or, except as set forth in subsection

6 (a)(1)(c) of this Section, that any of the aggravating

7 factors listed in subparagraph (b-5) are present, the

8 court may sentence the defendant, subject to Section

9 5-4.5-105, to a term of natural life imprisonment, or

10 (b-5) a ~~A~~ defendant who at the time of the

11 commission of the offense has attained the age of 18 or

12 more and who has been found guilty of first degree

13 murder may be sentenced to a term of natural life

14 imprisonment if:

15 (1) the murdered individual was an inmate at

16 an institution or facility of the Department of

17 Corrections, or any similar local correctional

18 agency and was killed on the grounds thereof, or

19 the murdered individual was otherwise present in

20 such institution or facility with the knowledge

21 and approval of the chief administrative officer

22 thereof;

23 (2) the murdered individual was killed as a

24 result of the hijacking of an airplane, train,

25 ship, bus, or other public conveyance;

26 (3) the defendant committed the murder

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1 pursuant to a contract, agreement, or

2 understanding by which he or she was to receive

3 money or anything of value in return for

4 committing the murder or procured another to

5 commit the murder for money or anything of value;

6 (4) the murdered individual was killed in the

7 course of another felony if:

8 (A) the murdered individual:

9 (i) was actually killed by the

10 defendant, or

11 (ii) received physical injuries

12 personally inflicted by the defendant

13 substantially contemporaneously with

14 physical injuries caused by one or more

15 persons for whose conduct the defendant is

16 legally accountable under Section 5-2 of

17 this Code, and the physical injuries

18 inflicted by either the defendant or the

19 other person or persons for whose conduct

20 he is legally accountable caused the death

21 of the murdered individual; and (B) in

22 performing the acts which caused the death

23 of the murdered individual or which

24 resulted in physical injuries personally

25 inflicted by the defendant on the murdered

26 individual under the circumstances of

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1 subdivision (ii) of clause (A) of this

2 clause (4), the defendant acted with the

3 intent to kill the murdered individual or

4 with the knowledge that his or her acts

5 created a strong probability of death or

6 great bodily harm to the murdered

7 individual or another; and

8 (B) in performing the acts which caused

9 the death of the murdered individual or which

10 resulted in physical injuries personally

11 inflicted by the defendant on the murdered

12 individual under the circumstances of

13 subdivision (ii) of clause (A) of this clause

14 (4), the defendant acted with the intent to

15 kill the murdered individual or with the

16 knowledge that his or her acts created a

17 strong probability of death or great bodily

18 harm to the murdered individual or another;

19 and

20 (C) the other felony was an inherently

21 violent crime or the attempt to commit an

22 inherently violent crime. In this clause (C),

23 "inherently violent crime" includes, but is

24 not limited to, armed robbery, robbery,

25 predatory criminal sexual assault of a child,

26 aggravated criminal sexual assault, aggravated

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1 kidnapping, aggravated vehicular hijacking,

2 aggravated arson, aggravated stalking,

3 residential burglary, and home invasion;

4 (5) the defendant committed the murder with

5 intent to prevent the murdered individual from

6 testifying or participating in any criminal

7 investigation or prosecution or giving material

8 assistance to the State in any investigation or

9 prosecution, either against the defendant or

10 another; or the defendant committed the murder

11 because the murdered individual was a witness in

12 any prosecution or gave material assistance to the

13 State in any investigation or prosecution, either

14 against the defendant or another; for purposes of

15 this clause (5), "participating in any criminal

16 investigation or prosecution" is intended to

17 include those appearing in the proceedings in any

18 capacity such as trial judges, prosecutors,

19 defense attorneys, investigators, witnesses, or

20 jurors;

21 (6) the defendant, while committing an offense

22 punishable under Section 401, 401.1, 401.2, 405,

23 405.2, 407, or 407.1 or subsection (b) of Section

24 404 of the Illinois Controlled Substances Act, or

25 while engaged in a conspiracy or solicitation to

26 commit such offense, intentionally killed an

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1 individual or counseled, commanded, induced,

2 procured, or caused the intentional killing of the

3 murdered individual;

4 (7) the defendant was incarcerated in an

5 institution or facility of the Department of

6 Corrections at the time of the murder, and while

7 committing an offense punishable as a felony under

8 Illinois law, or while engaged in a conspiracy or

9 solicitation to commit such offense, intentionally

10 killed an individual or counseled, commanded,

11 induced, procured, or caused the intentional

12 killing of the murdered individual;

13 (8) the murder was committed in a cold,

14 calculated and premeditated manner pursuant to a

15 preconceived plan, scheme, or design to take a

16 human life by unlawful means, and the conduct of

17 the defendant created a reasonable expectation

18 that the death of a human being would result

19 therefrom;

20 (9) the defendant was a principal

21 administrator, organizer, or leader of a

22 calculated criminal drug conspiracy consisting of

23 a hierarchical position of authority superior to

24 that of all other members of the conspiracy, and

25 the defendant counseled, commanded, induced,

26 procured, or caused the intentional killing of the

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1 murdered person;

2 (10) the murder was intentional and involved

3 the infliction of torture. For the purpose of this

4 clause (10), torture means the infliction of or

5 subjection to extreme physical pain, motivated by

6 an intent to increase or prolong the pain,

7 suffering, or agony of the victim;

8 (11) the murder was committed as a result of

9 the intentional discharge of a firearm by the

10 defendant from a motor vehicle and the victim was

11 not present within the motor vehicle;

12 (12) the murdered individual was a person with

13 a disability and the defendant knew or should have

14 known that the murdered individual was a person

15 with a disability. For purposes of this clause

16 (12), "person with a disability" means a person

17 who suffers from a permanent physical or mental

18 impairment resulting from disease, an injury, a

19 functional disorder, or a congenital condition

20 that renders the person incapable of adequately

21 providing for his or her own health or personal

22 care;

23 (13) the murdered individual was subject to an

24 order of protection and the murder was committed

25 by a person against whom the same order of

26 protection was issued under the Illinois Domestic

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1 Violence Act of 1986;

2 (14) the murdered individual was known by the

3 defendant to be a teacher or other person employed

4 in any school and the teacher or other employee is

5 upon the grounds of a school or grounds adjacent

6 to a school, or is in any part of a building used

7 for school purposes;

8 (15) the murder was committed by the defendant

9 in connection with or as a result of the offense of

10 terrorism as defined in Section 29D-14.9 of this

11 Code;

12 (16) the murdered individual was a member of a

13 congregation engaged in prayer or other religious

14 activities at a church, synagogue, mosque, or

15 other building, structure, or place used for

16 religious worship; or

17 (17)(i) the murdered individual was a

18 physician, physician assistant, psychologist,

19 nurse, or advanced practice registered nurse;

20 (ii) the defendant knew or should have known

21 that the murdered individual was a physician,

22 physician assistant, psychologist, nurse, or

23 advanced practice registered nurse; and

24 (iii) the murdered individual was killed in

25 the course of acting in his or her capacity as a

26 physician, physician assistant, psychologist,

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1 nurse, or advanced practice registered nurse, or

2 to prevent him or her from acting in that

3 capacity, or in retaliation for his or her acting

4 in that capacity.

5 (c) the court shall sentence the defendant to a

6 term of natural life imprisonment if the defendant, at

7 the time of the commission of the murder, had attained

8 the age of 18, and:

9 (i) has previously been convicted of first

10 degree murder under any state or federal law, or

11 (ii) is found guilty of murdering more than

12 one victim, or

13 (iii) is found guilty of murdering a peace

14 officer, fireman, or emergency management worker

15 when the peace officer, fireman, or emergency

16 management worker was killed in the course of

17 performing his official duties, or to prevent the

18 peace officer or fireman from performing his

19 official duties, or in retaliation for the peace

20 officer, fireman, or emergency management worker

21 from performing his official duties, and the

22 defendant knew or should have known that the

23 murdered individual was a peace officer, fireman,

24 or emergency management worker, or

25 (iv) is found guilty of murdering an employee

26 of an institution or facility of the Department of

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1 Corrections, or any similar local correctional

2 agency, when the employee was killed in the course

3 of performing his official duties, or to prevent

4 the employee from performing his official duties,

5 or in retaliation for the employee performing his

6 official duties, or

7 (v) is found guilty of murdering an emergency

8 medical technician - ambulance, emergency medical

9 technician - intermediate, emergency medical

10 technician - paramedic, ambulance driver, or other

11 medical assistance or first aid person while

12 employed by a municipality or other governmental

13 unit when the person was killed in the course of

14 performing official duties or to prevent the

15 person from performing official duties or in

16 retaliation for performing official duties and the

17 defendant knew or should have known that the

18 murdered individual was an emergency medical

19 technician - ambulance, emergency medical

20 technician - intermediate, emergency medical

21 technician - paramedic, ambulance driver, or other

22 medical assistant or first aid personnel, or

23 (vi) (blank), or

24 (vii) is found guilty of first degree murder

25 and the murder was committed by reason of any

26 person's activity as a community policing

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1 volunteer or to prevent any person from engaging

2 in activity as a community policing volunteer. For

3 the purpose of this Section, "community policing

4 volunteer" has the meaning ascribed to it in

5 Section 2-3.5 of the Criminal Code of 2012.

6 For purposes of clause (v), "emergency medical

7 technician - ambulance", "emergency medical technician -

8 intermediate", and "emergency medical technician -

9 paramedic"~~,~~ have the meanings ascribed to them in the

10 Emergency Medical Services (EMS) Systems Act.

11 (d)(i) if the person committed the offense while

12 armed with a firearm, 15 years shall be added to

13 the term of imprisonment imposed by the court;

14 (ii) if, during the commission of the offense, the

15 person personally discharged a firearm, 20 years shall

16 be added to the term of imprisonment imposed by the

17 court;

18 (iii) if, during the commission of the offense,

19 the person personally discharged a firearm that

20 proximately caused great bodily harm, permanent

21 disability, permanent disfigurement, or death to

22 another person, 25 years or up to a term of natural

23 life shall be added to the term of imprisonment

24 imposed by the court.

25 (e) if the firearm used to commit the offense in

26 subsection (d) was outfitted with parts designed or

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1 intended for use in converting any weapon into a

2 machine gun or a high-capacity magazine, 5 consecutive

3 years shall be added on to the years added by

4 subsection (d). As used in this subsection, "machine

5 gun" and "high-capacity magazine" have the meanings

6 ascribed to them in subparagraph (7) of subsection (a)

7 of Section 24-1 of the Criminal Code of 2012.

8 (2) (blank);

9 (2.5) for a person who has attained the age of 18 years

10 at the time of the commission of the offense and who is

11 convicted under the circumstances described in subdivision

12 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

13 subsection (b) of Section 12-13, subdivision (d)(2) of

14 Section 11-1.30 or paragraph (2) of subsection (d) of

15 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

16 paragraph (1.2) of subsection (b) of Section 12-14.1,

17 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

18 subsection (b) of Section 12-14.1 of the Criminal Code of

19 1961 or the Criminal Code of 2012, the sentence shall be a

20 term of natural life imprisonment.

21 (b) (Blank).

22 (c) (Blank).

23 (d) Subject to earlier termination under Section 3-3-8,

24 the parole or mandatory supervised release term shall be

25 written as part of the sentencing order and shall be as

26 follows:

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1 (1) for first degree murder or for the offenses of

2 predatory criminal sexual assault of a child, aggravated

3 criminal sexual assault, and criminal sexual assault if

4 committed on or before December 12, 2005, 3 years;

5 (1.5) except as provided in paragraph (7) of this

6 subsection (d), for a Class X felony except for the

7 offenses of predatory criminal sexual assault of a child,

8 aggravated criminal sexual assault, and criminal sexual

9 assault if committed on or after December 13, 2005 (the

10 effective date of Public Act 94-715) and except for the

11 offense of aggravated child pornography under Section

12 11-20.1B, 11-20.3, or 11-20.1 with sentencing under

13 subsection (c-5) of Section 11-20.1 of the Criminal Code

14 of 1961 or the Criminal Code of 2012, if committed on or

15 after January 1, 2009, and except for the offense of

16 obscene depiction of a purported child with sentencing

17 under subsection (d) of Section 11-20.4 of the Criminal

18 Code of 2012, 18 months;

19 (2) except as provided in paragraph (7) of this

20 subsection (d), for a Class 1 felony or a Class 2 felony

21 except for the offense of criminal sexual assault if

22 committed on or after December 13, 2005 (the effective

23 date of Public Act 94-715) and except for the offenses of

24 manufacture and dissemination of child pornography under

25 clauses (a)(1) and (a)(2) of Section 11-20.1 of the

26 Criminal Code of 1961 or the Criminal Code of 2012, if

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1 committed on or after January 1, 2009, and except for the

2 offense of obscene depiction of a purported child under

3 paragraph (2) of subsection (b) of Section 11-20.4 of the

4 Criminal Code of 2012, 12 months;

5 (3) except as provided in paragraph (4), (6), or (7)

6 of this subsection (d), for a Class 3 felony or a Class 4

7 felony, 6 months; no later than 45 days after the onset of

8 the term of mandatory supervised release, the Prisoner

9 Review Board shall conduct a discretionary discharge

10 review pursuant to the provisions of Section 3-3-8, which

11 shall include the results of a standardized risk and needs

12 assessment tool administered by the Department of

13 Corrections; the changes to this paragraph (3) made by

14 Public Act 102-1104 ~~this amendatory Act of the 102nd~~

15 ~~General Assembly~~ apply to all individuals released on

16 mandatory supervised release on or after December 6, 2022

17 (the effective date of Public Act 102-1104) ~~this~~

18 ~~amendatory Act of the 102nd General Assembly~~, including

19 those individuals whose sentences were imposed prior to

20 December 6, 2022 (the effective date of Public Act

21 102-1104) ~~this amendatory Act of the 102nd General~~

22 ~~Assembly~~;

23 (4) for defendants who commit the offense of predatory

24 criminal sexual assault of a child, aggravated criminal

25 sexual assault, or criminal sexual assault, on or after

26 December 13, 2005 (the effective date of Public Act

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1 94-715), or who commit the offense of aggravated child

2 pornography under Section 11-20.1B, 11-20.3, or 11-20.1

3 with sentencing under subsection (c-5) of Section 11-20.1

4 of the Criminal Code of 1961 or the Criminal Code of 2012,

5 manufacture of child pornography, or dissemination of

6 child pornography after January 1, 2009, or who commit the

7 offense of obscene depiction of a purported child under

8 paragraph (2) of subsection (b) of Section 11-20.4 of the

9 Criminal Code of 2012 or who commit the offense of obscene

10 depiction of a purported child with sentencing under

11 subsection (d) of Section 11-20.4 of the Criminal Code of

12 2012, the term of mandatory supervised release shall range

13 from a minimum of 3 years to a maximum of the natural life

14 of the defendant;

15 (5) if the victim is under 18 years of age, for a

16 second or subsequent offense of aggravated criminal sexual

17 abuse or felony criminal sexual abuse, 4 years, at least

18 the first 2 years of which the defendant shall serve in an

19 electronic monitoring or home detention program under

20 Article 8A of Chapter V of this Code;

21 (6) for a felony domestic battery, aggravated domestic

22 battery, stalking, aggravated stalking, and a felony

23 violation of an order of protection, 4 years;

24 (7) for any felony described in paragraph (a)(2)(ii),

25 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

26 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

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1 3-6-3 of the Unified Code of Corrections requiring an

2 inmate to serve a minimum of 85% of their court-imposed

3 sentence, except for the offenses of predatory criminal

4 sexual assault of a child, aggravated criminal sexual

5 assault, and criminal sexual assault if committed on or

6 after December 13, 2005 (the effective date of Public Act

7 94-715) and except for the offense of aggravated child

8 pornography under Section 11-20.1B, 11-20.3, or 11-20.1

9 with sentencing under subsection (c-5) of Section 11-20.1

10 of the Criminal Code of 1961 or the Criminal Code of 2012,

11 if committed on or after January 1, 2009, and except for

12 the offense of obscene depiction of a purported child with

13 sentencing under subsection (d) of Section 11-20.4 of the

14 Criminal Code of 2012, and except as provided in paragraph

15 (4) or paragraph (6) of this subsection (d), the term of

16 mandatory supervised release shall be as follows:

17 (A) Class X felony, 3 years;

18 (B) Class 1 or Class 2 felonies, 2 years;

19 (C) Class 3 or Class 4 felonies, 1 year.

20 (e) (Blank).

21 (f) (Blank).

22 (g) Notwithstanding any other provisions of this Act and

23 of Public Act 101-652: (i) the provisions of paragraph (3) of

24 subsection (d) are effective on July 1, 2022 and shall apply to

25 all individuals convicted on or after the effective date of

26 paragraph (3) of subsection (d); and (ii) the provisions of

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1 paragraphs (1.5) and (2) of subsection (d) are effective on

2 July 1, 2021 and shall apply to all individuals convicted on or

3 after the effective date of paragraphs (1.5) and (2) of

4 subsection (d).

5 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;

6 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.

7 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)

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INDEX

Statutes amended in order of appearance