Bill Text: IL HB3165 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3165 Detail]

Download: Illinois-2023-HB3165-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3165 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
430 ILCS 66/65
705 ILCS 35/28.1 new
Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes.
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A BILL FOR
HB3165 LRB103 30001 RLC 56421 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-6023 as follows:
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in
person or by deputy, county corrections officer, or court
security officer, attend upon all courts held in his or her
county when in session, and obey the lawful orders and
directions of the court, and shall maintain the security of
the courthouse. The function of the sheriff as the person who
shall maintain the security of the courthouse is affirmed;
however, the sheriff shall not interfere with the right of a
judge or an associate judge of the circuit court, if the judge
or associate judge is a possessor or holder of a valid
concealed carry license issued under the Firearm Concealed
Carry Act, to exercise this right within or on the grounds of a
courthouse to which the judge or associate judge has been
assigned. Validity of a concealed carry license shall be as
provided in Section 10 of the Firearm Concealed Carry Act. The
sheriff of the county where the court is located shall allow
the judge or associate judge to secure his or her firearm in

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the same manner as a peace officer, in a secure area in
chambers or adjacent to the courtroom, and the firearm shall
not be permitted within the courtroom. The firearm may be
carried to and from the courthouse and shall be secured upon
the judge or associate judge reporting to his or her chambers.
Court services customarily performed by sheriffs shall be
provided by the sheriff or his or her deputies, county
corrections officers, or court security officers, rather than
by employees of the court, unless there are no deputies,
county corrections officers, or court security officers
available to perform such services. The expenses of the
sheriff in carrying out his or her duties under this Section,
including the compensation of deputies, county corrections
officers, or court security officers assigned to such
services, shall be paid to the county from fees collected
pursuant to court order for services of the sheriff and from
any court services fees collected by the county under the
Criminal and Traffic Assessment Act.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Section 65 as follows:
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a

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firearm on or into:
(1) Any building, real property, and parking area
under the control of a public or private elementary or
secondary school.
(2) Any building, real property, and parking area
under the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying
a concealed firearm onto the real property, bikeway, or
trail in a park regulated by the Department of Natural
Resources or any other designated public hunting area or
building where firearm possession is permitted as
established by the Department of Natural Resources under
Section 1.8 of the Wildlife Code.
(4) Except as otherwise provided in Section 3-6023 of
the Counties Code and Section 28.1 of the Circuit Courts

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

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firearms under this paragraph is subject to the penalty
under subsection (c-5) of Section 10-1 of the Liquor
Control Act of 1934.
(10) Any public gathering or special event conducted
on property open to the public that requires the issuance
of a permit from the unit of local government, provided
this prohibition shall not apply to a licensee who must
walk through a public gathering in order to access his or
her residence, place of business, or vehicle.
(11) Any building or real property that has been
issued a Special Event Retailer's license as defined in
Section 1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit
a licensee from carrying a concealed firearm while on a
trail or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.

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(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized
university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.
(16) Any building, real property, or parking area
under the control of a gaming facility licensed under the
Illinois Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area
under the control of a public library.
(19) Any building, real property, or parking area
under the control of an airport.
(20) Any building, real property, or parking area
under the control of an amusement park.
(21) Any building, real property, or parking area
under the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory

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

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

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(a-5), or (a-10) of this Section if the concealed firearm is
carried on his or her person in accordance with the provisions
of this Act or is being transported in a vehicle by the
licensee in accordance with all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is
prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified
in this Section as a prohibited area, unless the building or
premises is a private residence. Signs shall be of a uniform
design as established by the Illinois State Police and shall
be 4 inches by 6 inches in size. The Illinois State Police
shall adopt rules for standardized signs to be used under this
subsection.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
Section 15. The Circuit Courts Act is amended by adding
Section 28.1 as follows:
(705 ILCS 35/28.1 new)
Sec. 28.1. Judges and associate judges; firearms. A judge
or an associate judge of the circuit court with a valid
concealed carry license issued under the Firearm Concealed
Carry Act may exercise the rights granted by this license
within any premises containing a circuit court to which that
judge or associate judge has been assigned. Validity of the

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concealed carry license shall be as provided in Section 10 of
the Firearm Concealed Carry Act. The sheriff of the county
where the court is located shall allow the judge or associate
judge to secure his or her firearm in the same manner as a
peace officer, in a secure area in chambers or adjacent to the
courtroom, and the firearm shall not be permitted within the
courtroom. The firearm may be carried to and from the
courthouse and shall be secured upon the judge or associate
judge reporting to his or her chambers.