Bill Text: IL SB1858 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1858 Detail]

Download: Illinois-2021-SB1858-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1858 Introduced 2/26/2021, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
430 ILCS 66/65
430 ILCS 66/105
Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Concealed Carry Act is amended by
changing Sections 65 and 105 as follows:
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:
(1) Except as otherwise provided in subsection (a-3)
of this Section, any Any building, real property, and
parking area under the control of a public or non-public
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.

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(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying
a concealed firearm onto the real property, bikeway, or
trail in a park regulated by the Department of Natural
Resources or any other designated public hunting area or
building where firearm possession is permitted as
established by the Department of Natural Resources under
Section 1.8 of the Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of
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

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public transportation facility paid for in whole or in
part with public funds.
(9) Any building, real property, and parking area
under the control of an establishment that serves alcohol
on its premises, if more than 50% of the establishment's
gross receipts within the prior 3 months is from the sale
of alcohol. The owner of an establishment who knowingly
fails to prohibit concealed firearms on its premises as
provided in this paragraph or who knowingly makes a false
statement or record to avoid the prohibition on concealed
firearms under this paragraph is subject to the penalty
under subsection (c-5) of Section 10-1 of the Liquor
Control Act of 1934.
(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

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alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit
a licensee from carrying a concealed firearm while on a
trail or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized
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.

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(19) Any building, real property, or parking area
under the control of an airport.
(20) Any building, real property, or parking area
under the control of an amusement park.
(21) Any building, real property, or parking area
under the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere
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-3) The school board of a school district of a public
elementary or secondary school or a non-public elementary or
secondary school may develop a policy to permit the carrying
of a firearm by an employee of the school, licensed under this
Act, in any building or on any real property or parking area
under the control of the public or non-public elementary or
secondary school. The policy must contain safe storage
provisions for the firearm. Those provisions must include
securing the firearm in a locked box or container that cannot

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

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

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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 Department and shall be 4 inches
by 6 inches in size. The Department shall adopt rules for
standardized signs to be used under this subsection.
(Source: P.A. 101-31, eff. 6-28-19.)
(430 ILCS 66/105)
Sec. 105. Duty of school administrator. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
non-public private elementary or secondary school or a public
or private community college, college, or university, or his
or her designee, to report to the Department of State Police
when a student is determined to pose a clear and present danger
to himself, herself, or to others, within 24 hours of the
determination as provided in Section 6-103.3 of the Mental
Health and Developmental Disabilities Code. "Clear and present
danger" has the meaning as provided in paragraph (2) of the
definition of "clear and present danger" in Section 1.1 of the
Firearm Owners Identification Card Act.
(Source: P.A. 98-63, eff. 7-9-13.)