CRIM CD-FIREARM SILENCER

Illinois General Assembly - Full Text of SB3126

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3126

Introduced 2/2/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1

from Ch. 38, par. 24-1
720 ILCS 5/24-1.2-5
720 ILCS 5/24-2
720 ILCS 5/36-1

from Ch. 38, par. 36-1
725 ILCS 5/110-6.1

from Ch. 38, par. 110-6.1

Amends the Criminal Code of 2012. Deletes provisions that prohibit
the possession or use of any device or attachment of any kind designed,
used, or intended for use in silencing the report of any firearm. Amends
the Code of Criminal Procedure of 1963 to make conforming changes.
LRB104 18650 RLC 32093 b

A BILL FOR

SB3126
LRB104 18650 RLC 32093 b
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 5.
The Criminal Code of 2012 is amended by
5
changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 as follows:

6

(720 ILCS 5/24-1)

(from Ch. 38, par. 24-1)
7

Sec. 24-1.
Unlawful possession of weapons.
8

(a) A person commits the offense of unlawful possession of
9
weapons when he knowingly:
10

(1) Sells, manufactures, purchases, possesses or
11

carries any bludgeon, black-jack, slung-shot, sand-club,
12

sand-bag, metal knuckles or other knuckle weapon
13

regardless of its composition, throwing star, or any
14

knife, commonly referred to as a switchblade knife, which
15

has a blade that opens automatically by hand pressure
16

applied to a button, spring or other device in the handle
17

of the knife, or a ballistic knife, which is a device that
18

propels a knifelike blade as a projectile by means of a
19

coil spring, elastic material or compressed gas; or
20

(2) Carries or possesses with intent to use the same
21

unlawfully against another, a dagger, dirk, billy,
22

dangerous knife, razor, stiletto, broken bottle or other
23

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

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1

deadly weapon or instrument of like character; or
2

(2.5) Carries or possesses with intent to use the same
3

unlawfully against another, any firearm in a church,
4

synagogue, mosque, or other building, structure, or place
5

used for religious worship; or
6

(3) Carries on or about his person or in any vehicle, a
7

tear gas gun projector or bomb or any object containing
8

noxious liquid gas or substance, other than an object
9

containing a non-lethal noxious liquid gas or substance
10

designed solely for personal defense carried by a person
11

18 years of age or older; or
12

(4) Carries or possesses in any vehicle or concealed
13

on or about his person except when on his land or in his
14

own abode, legal dwelling, or fixed place of business, or
15

on the land or in the legal dwelling of another person as
16

an invitee with that person's permission, any pistol,
17

revolver, stun gun or taser or other firearm, except that
18

this subsection (a)(4) does not apply to or affect
19

transportation of weapons that meet one of the following
20

conditions:
21

(i) are broken down in a non-functioning state; or
22

(ii) are not immediately accessible; or
23

(iii) are unloaded and enclosed in a case, firearm
24

carrying box, shipping box, or other container by a
25

person who has been issued a currently valid Firearm
26

Owner's Identification Card; or

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LRB104 18650 RLC 32093 b
1

(iv) are carried or possessed in accordance with
2

the Firearm Concealed Carry Act by a person who has
3

been issued a currently valid license under the
4

Firearm Concealed Carry Act; or
5

(5) Sets a spring gun; or
6

(6)
(Blank); or

Possesses any device or attachment of
7

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

the report of any firearm; or
9

(7) Sells, manufactures, purchases, possesses or
10

carries:
11

(i) a machine gun, which shall be defined for the
12

purposes of this subsection as any weapon, which
13

shoots, is designed to shoot, or can be readily
14

restored to shoot, automatically more than one shot
15

without manually reloading by a single function of the
16

trigger, including the frame or receiver of any such
17

weapon, or sells, manufactures, purchases, possesses,
18

or carries any combination of parts designed or
19

intended for use in converting any weapon into a
20

machine gun, or any combination or parts from which a
21

machine gun can be assembled if such parts are in the
22

possession or under the control of a person;
23

(ii) any rifle having one or more barrels less
24

than 16 inches in length or a shotgun having one or
25

more barrels less than 18 inches in length or any
26

weapon made from a rifle or shotgun, whether by

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LRB104 18650 RLC 32093 b
1

alteration, modification, or otherwise, if such a
2

weapon as modified has an overall length of less than
3

26 inches; or
4

(iii) any bomb, bomb-shell, grenade, bottle or
5

other container containing an explosive substance of
6

over one-quarter ounce for like purposes, such as, but
7

not limited to, black powder bombs and Molotov
8

cocktails or artillery projectiles; or
9

(8) Carries or possesses any firearm, stun gun or
10

taser or other deadly weapon in any place which is
11

licensed to sell intoxicating beverages, or at any public
12

gathering held pursuant to a license issued by any
13

governmental body or any public gathering at which an
14

admission is charged, excluding a place where a showing,
15

demonstration or lecture involving the exhibition of
16

unloaded firearms is conducted.
17

This subsection (a)(8) does not apply to any auction
18

or raffle of a firearm held pursuant to a license or permit
19

issued by a governmental body, nor does it apply to
20

persons engaged in firearm safety training courses; or
21

(9) Carries or possesses in a vehicle or on or about
22

his or her person any pistol, revolver, stun gun or taser
23

or firearm or ballistic knife, when he or she is hooded,
24

robed or masked in such manner as to conceal his or her
25

identity; or
26

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

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LRB104 18650 RLC 32093 b
1

person, upon any public street, alley, or other public
2

lands within the corporate limits of a city, village, or
3

incorporated town, except when an invitee thereon or
4

therein, for the purpose of the display of such weapon or
5

the lawful commerce in weapons, or except when on his land
6

or in his or her own abode, legal dwelling, or fixed place
7

of business, or on the land or in the legal dwelling of
8

another person as an invitee with that person's
9

permission, any pistol, revolver, stun gun, or taser or
10

other firearm, except that this subsection (a)(10) does
11

not apply to or affect transportation of weapons that meet
12

one of the following conditions:
13

(i) are broken down in a non-functioning state; or
14

(ii) are not immediately accessible; or
15

(iii) are unloaded and enclosed in a case, firearm
16

carrying box, shipping box, or other container by a
17

person who has been issued a currently valid Firearm
18

Owner's Identification Card; or
19

(iv) are carried or possessed in accordance with
20

the Firearm Concealed Carry Act by a person who has
21

been issued a currently valid license under the
22

Firearm Concealed Carry Act.
23

A "stun gun or taser", as used in this paragraph (a)
24

means (i) any device which is powered by electrical
25

charging units, such as, batteries, and which fires one or
26

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

SB3126
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LRB104 18650 RLC 32093 b
1

hitting a human, can send out a current capable of
2

disrupting the person's nervous system in such a manner as
3

to render him incapable of normal functioning or (ii) any
4

device which is powered by electrical charging units, such
5

as batteries, and which, upon contact with a human or
6

clothing worn by a human, can send out current capable of
7

disrupting the person's nervous system in such a manner as
8

to render him incapable of normal functioning; or
9

(11) Sells, manufactures, delivers, imports,
10

possesses, or purchases any assault weapon attachment or
11

.50 caliber cartridge in violation of Section 24-1.9 or
12

any explosive bullet. For purposes of this paragraph (a)
13

"explosive bullet" means the projectile portion of an
14

ammunition cartridge which contains or carries an
15

explosive charge which will explode upon contact with the
16

flesh of a human or an animal. "Cartridge" means a tubular
17

metal case having a projectile affixed at the front
18

thereof and a cap or primer at the rear end thereof, with
19

the propellant contained in such tube between the
20

projectile and the cap; or
21

(12) (Blank); or
22

(13) Carries or possesses on or about his or her
23

person while in a building occupied by a unit of
24

government, a billy club, other weapon of like character,
25

or other instrument of like character intended for use as
26

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

SB3126
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LRB104 18650 RLC 32093 b
1

means a short stick or club commonly carried by police
2

officers which is either telescopic or constructed of a
3

solid piece of wood or other man-made material; or
4

(14) Manufactures, possesses, sells, or offers to
5

sell, purchase, manufacture, import, transfer, or use any
6

device, part, kit, tool, accessory, or combination of
7

parts that is designed to and functions to increase the
8

rate of fire of a semiautomatic firearm above the standard
9

rate of fire for semiautomatic firearms that is not
10

equipped with that device, part, or combination of parts;
11

or
12

(15) Carries or possesses any assault weapon or .50
13

caliber rifle in violation of Section 24-1.9; or
14

(16) Manufactures, sells, delivers, imports, or
15

purchases any assault weapon or .50 caliber rifle in
16

violation of Section 24-1.9.
17

(b) Sentence. A person convicted of a violation of
18
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
20
commits a Class A misdemeanor. A person convicted of a
21
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
22
Class 4 felony; a person convicted of a violation of
23
subsection
24-1(a)(6),
24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24
24-1(a)(16) commits a Class 3 felony. A person convicted of a
25
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
26
and shall be sentenced to a term of imprisonment of not less

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LRB104 18650 RLC 32093 b
1
than 3 years and not more than 7 years, unless the weapon is
2
possessed in the passenger compartment of a motor vehicle as
3
defined in Section 1-146 of the Illinois Vehicle Code, or on
4
the person, while the weapon is loaded, in which case it shall
5
be a Class X felony. A person convicted of a second or
6
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
7
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
8
felony. A person convicted of a violation of subsection
9
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
10
possession of each weapon or device in violation of this
11
Section constitutes a single and separate violation.
12

(c) Violations in specific places.
13

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

14

24-1(a)(7) in any school, regardless of the time of day or
15

the time of year, in residential property owned, operated
16

or managed by a public housing agency or leased by a public
17

housing agency as part of a scattered site or mixed-income
18

development, in a public park, in a courthouse, on the
19

real property comprising any school, regardless of the
20

time of day or the time of year, on residential property
21

owned, operated or managed by a public housing agency or
22

leased by a public housing agency as part of a scattered
23

site or mixed-income development, on the real property
24

comprising any public park, on the real property
25

comprising any courthouse, in any conveyance owned, leased
26

or contracted by a school to transport students to or from

SB3126
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LRB104 18650 RLC 32093 b
1

school or a school related activity, in any conveyance
2

owned, leased, or contracted by a public transportation
3

agency, or on any public way within 1,000 feet of the real
4

property comprising any school, public park, courthouse,
5

public transportation facility, or residential property
6

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

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

site or mixed-income development commits a Class 2 felony
9

and shall be sentenced to a term of imprisonment of not
10

less than 3 years and not more than 7 years.
11

(1.5) A person who violates subsection 24-1(a)(4),
12

24-1(a)(9), or 24-1(a)(10) in any school, regardless of
13

the time of day or the time of year, in residential
14

property owned, operated, or managed by a public housing
15

agency or leased by a public housing agency as part of a
16

scattered site or mixed-income development, in a public
17

park, in a courthouse, on the real property comprising any
18

school, regardless of the time of day or the time of year,
19

on residential property owned, operated, or managed by a
20

public housing agency or leased by a public housing agency
21

as part of a scattered site or mixed-income development,
22

on the real property comprising any public park, on the
23

real property comprising any courthouse, in any conveyance
24

owned, leased, or contracted by a school to transport
25

students to or from school or a school related activity,
26

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

SB3126
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LRB104 18650 RLC 32093 b
1

transportation agency, or on any public way within 1,000
2

feet of the real property comprising any school, public
3

park, courthouse, public transportation facility, or
4

residential property owned, operated, or managed by a
5

public housing agency or leased by a public housing agency
6

as part of a scattered site or mixed-income development
7

commits a Class 3 felony.
8

(2) A person who violates subsection 24-1(a)(1),
9

24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
10

time of day or the time of year, in residential property
11

owned, operated or managed by a public housing agency or
12

leased by a public housing agency as part of a scattered
13

site or mixed-income development, in a public park, in a
14

courthouse, on the real property comprising any school,
15

regardless of the time of day or the time of year, on
16

residential property owned, operated or managed by a
17

public housing agency or leased by a public housing agency
18

as part of a scattered site or mixed-income development,
19

on the real property comprising any public park, on the
20

real property comprising any courthouse, in any conveyance
21

owned, leased or contracted by a school to transport
22

students to or from school or a school related activity,
23

in any conveyance owned, leased, or contracted by a public
24

transportation agency, or on any public way within 1,000
25

feet of the real property comprising any school, public
26

park, courthouse, public transportation facility, or

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LRB104 18650 RLC 32093 b
1

residential property owned, operated, or managed by a
2

public housing agency or leased by a public housing agency
3

as part of a scattered site or mixed-income development
4

commits a Class 4 felony. "Courthouse" means any building
5

that is used by the Circuit, Appellate, or Supreme Court
6

of this State for the conduct of official business.
7

(3) Paragraphs (1), (1.5), and (2) of this subsection
8

(c) shall not apply to law enforcement officers or
9

security officers of such school, college, or university
10

or to students carrying or possessing firearms for use in
11

training courses, parades, hunting, target shooting on
12

school ranges, or otherwise with the consent of school
13

authorities and which firearms are transported unloaded
14

enclosed in a suitable case, box, or transportation
15

package.
16

(4) For the purposes of this subsection (c), "school"
17

means any public or private elementary or secondary
18

school, community college, college, or university.
19

(5) For the purposes of this subsection (c), "public
20

transportation agency" means a public or private agency
21

that provides for the transportation or conveyance of
22

persons by means available to the general public, except
23

for transportation by automobiles not used for conveyance
24

of the general public as passengers; and "public
25

transportation facility" means a terminal or other place
26

where one may obtain public transportation.

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LRB104 18650 RLC 32093 b
1

(d) The presence in an automobile other than a public
2
omnibus of any weapon, instrument or substance referred to in
3
subsection (a)(7) is prima facie evidence that it is in the
4
possession of, and is being carried by, all persons occupying
5
such automobile at the time such weapon, instrument or
6
substance is found, except under the following circumstances:
7
(i) if such weapon, instrument or instrumentality is found
8
upon the person of one of the occupants therein; or (ii) if
9
such weapon, instrument or substance is found in an automobile
10
operated for hire by a duly licensed driver in the due, lawful
11
and proper pursuit of his or her trade, then such presumption
12
shall not apply to the driver.
13

(e) Exemptions.
14

(1) Crossbows, Common or Compound bows and Underwater
15

Spearguns are exempted from the definition of ballistic
16

knife as defined in paragraph (1) of subsection (a) of
17

this Section.
18

(2) The provision of paragraph (1) of subsection (a)
19

of this Section prohibiting the sale, manufacture,
20

purchase, possession, or carrying of any knife, commonly
21

referred to as a switchblade knife, which has a blade that
22

opens automatically by hand pressure applied to a button,
23

spring or other device in the handle of the knife, does not
24

apply to a person who possesses a currently valid Firearm
25

Owner's Identification Card previously issued in his or
26

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

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LRB104 18650 RLC 32093 b
1

entity engaged in the business of selling or manufacturing
2

switchblade knives.
3
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
4
103-822, eff. 1-1-25
.)

5

(720 ILCS 5/24-1.2-5)
6

Sec. 24-1.2-5.
Aggravated discharge of a machine gun
or a
7
firearm equipped with a device designed or used for silencing
8
the report of a firearm
.
9

(a) A person commits aggravated discharge of a machine gun
10
or a firearm equipped with a device designed or used for
11
silencing the report of a firearm
when he or she knowingly or
12
intentionally:
13

(1) Discharges a machine gun
or a firearm equipped
14

with a device designed or used for silencing the report of
15

a firearm
at or into a building he or she knows to be
16

occupied and the machine gun
or the firearm equipped with
17

a device designed or used for silencing the report of a
18

firearm
is discharged from a place or position outside
19

that building;
20

(2) Discharges a machine gun
or a firearm equipped
21

with a device designed or used for silencing the report of
22

a firearm
in the direction of another person or in the
23

direction of a vehicle he or she knows to be occupied;
24

(3) Discharges a machine gun
or a firearm equipped
25

with a device designed or used for silencing the report of

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LRB104 18650 RLC 32093 b
1

a firearm
in the direction of a person he or she knows to
2

be a peace officer, a person summoned or directed by a
3

peace officer, a correctional institution employee, or a
4

fireman while the officer, employee or fireman is engaged
5

in the execution of any of his or her official duties, or
6

to prevent the officer, employee or fireman from
7

performing his or her official duties, or in retaliation
8

for the officer, employee or fireman performing his or her
9

official duties;
10

(4) Discharges a machine gun
or a firearm equipped
11

with a device designed or used for silencing the report of
12

a firearm
in the direction of a vehicle he or she knows to
13

be occupied by a peace officer, a person summoned or
14

directed by a peace officer, a correctional institution
15

employee or a fireman while the officer, employee or
16

fireman is engaged in the execution of any of his or her
17

official duties, or to prevent the officer, employee or
18

fireman from performing his or her official duties, or in
19

retaliation for the officer, employee or fireman
20

performing his or her official duties;
21

(5) Discharges a machine gun
or a firearm equipped
22

with a device designed or used for silencing the report of
23

a firearm
in the direction of a person he or she knows to
24

be emergency medical services personnel while the
25

emergency medical services personnel is engaged in the
26

execution of any of his or her official duties, or to

SB3126
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LRB104 18650 RLC 32093 b
1

prevent the emergency medical services personnel from
2

performing his or her official duties, or in retaliation
3

for the emergency medical services personnel performing
4

his or her official duties;
5

(6) Discharges a machine gun
or a firearm equipped
6

with a device designed or used for silencing the report of
7

a firearm
in the direction of a vehicle he or she knows to
8

be occupied by emergency medical services personnel, while
9

the emergency medical services personnel is engaged in the
10

execution of any of his or her official duties, or to
11

prevent the emergency medical services personnel from
12

performing his or her official duties, or in retaliation
13

for the emergency medical services personnel performing
14

his or her official duties;
15

(7) Discharges a machine gun
or a firearm equipped
16

with a device designed or used for silencing the report of
17

a firearm
in the direction of a person he or she knows to
18

be an emergency management worker while the emergency
19

management worker is engaged in the execution of any of
20

his or her official duties, or to prevent the emergency
21

management worker from performing his or her official
22

duties, or in retaliation for the emergency management
23

worker performing his or her official duties; or
24

(8) Discharges a machine gun
or a firearm equipped
25

with a device designed or used for silencing the report of
26

a firearm
in the direction of a vehicle he or she knows to

SB3126
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LRB104 18650 RLC 32093 b
1

be occupied by an emergency management worker while the
2

emergency management worker is engaged in the execution of
3

any of his or her official duties, or to prevent the
4

emergency management worker from performing his or her
5

official duties, or in retaliation for the emergency
6

management worker performing his or her official duties.
7

(b) A violation of subsection (a) (1) or subsection (a)
8
(2) of this Section is a Class X felony. A violation of
9
subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a)
10
(8) of this Section is a Class X felony for which the sentence
11
shall be a term of imprisonment of no less than 12 years and no
12
more than 50 years.
13

(c) For the purpose of this Section:
14

"Emergency medical services personnel" has the meaning
15

specified in Section 3.5 of the Emergency Medical Services
16

(EMS) Systems Act and shall include all ambulance crew
17

members, including drivers or pilots.
18

"Machine gun" has the meaning ascribed to it in clause
19

(i) of paragraph (7) of subsection (a) of Section 24-1 of
20

this Code.
21

(d) This Section does not apply to a peace officer while
22
serving as a member of a tactical response team or special
23
operations team.
A peace officer may not personally own or
24
apply for ownership of a device or attachment of any kind
25
designed, used, or intended for use in silencing the report of
26
any firearm. These devices shall be owned and maintained by

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lawfully recognized units of government whose duties include
2
the investigation of criminal acts.

3
(Source: P.A. 99-816, eff. 8-15-16.)

4

(720 ILCS 5/24-2)
5

Sec. 24-2.
Exemptions.
6

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
7
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8
the following:
9

(1) Peace officers, and any person summoned by a peace
10

officer to assist in making arrests or preserving the
11

peace, while actually engaged in assisting such officer.
12

(2) Wardens, superintendents, and keepers of prisons,
13

penitentiaries, jails, and other institutions for the
14

detention of persons accused or convicted of an offense,
15

while in the performance of their official duty, or while
16

commuting between their homes and places of employment.
17

(3) Members of the Armed Services or Reserve Forces of
18

the United States or the Illinois National Guard or the
19

Reserve Officers Training Corps, while in the performance
20

of their official duty.
21

(4) Special agents employed by a railroad or a public
22

utility to perform police functions, and guards of armored
23

car companies, while actually engaged in the performance
24

of the duties of their employment or commuting between
25

their homes and places of employment; and watchmen while

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actually engaged in the performance of the duties of their
2

employment.
3

(5) Persons licensed as private security contractors,
4

private detectives, or private alarm contractors, or
5

employed by a private security contractor, private
6

detective, or private alarm contractor agency licensed by
7

the Department of Financial and Professional Regulation,
8

if their duties include the carrying of a weapon under the
9

provisions of the Private Detective, Private Alarm,
10

Private Security, Fingerprint Vendor, and Locksmith Act of
11

2004, while actually engaged in the performance of the
12

duties of their employment or commuting between their
13

homes and places of employment. A person shall be
14

considered eligible for this exemption if he or she has
15

completed the required 20 hours of training for a private
16

security contractor, private detective, or private alarm
17

contractor, or employee of a licensed private security
18

contractor, private detective, or private alarm contractor
19

agency and 28 hours of required firearm training, and has
20

been issued a firearm control card by the Department of
21

Financial and Professional Regulation. Conditions for the
22

renewal of firearm control cards issued under the
23

provisions of this Section shall be the same as for those
24

cards issued under the provisions of the Private
25

Detective, Private Alarm, Private Security, Fingerprint
26

Vendor, and Locksmith Act of 2004. The firearm control

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card shall be carried by the private security contractor,
2

private detective, or private alarm contractor, or
3

employee of the licensed private security contractor,
4

private detective, or private alarm contractor agency at
5

all times when he or she is in possession of a concealable
6

weapon permitted by his or her firearm control card.
7

(6) Any person regularly employed in a commercial or
8

industrial operation as a security guard for the
9

protection of persons employed and private property
10

related to such commercial or industrial operation, while
11

actually engaged in the performance of his or her duty or
12

traveling between sites or properties belonging to the
13

employer, and who, as a security guard, is a member of a
14

security force registered with the Department of Financial
15

and Professional Regulation; provided that such security
16

guard has successfully completed a course of study,
17

approved by and supervised by the Department of Financial
18

and Professional Regulation, consisting of not less than
19

48 hours of training that includes the theory of law
20

enforcement, liability for acts, and the handling of
21

weapons. A person shall be considered eligible for this
22

exemption if he or she has completed the required 20 hours
23

of training for a security officer and 28 hours of
24

required firearm training, and has been issued a firearm
25

control card by the Department of Financial and
26

Professional Regulation. Conditions for the renewal of

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firearm control cards issued under the provisions of this
2

Section shall be the same as for those cards issued under
3

the provisions of the Private Detective, Private Alarm,
4

Private Security, Fingerprint Vendor, and Locksmith Act of
5

2004. The firearm control card shall be carried by the
6

security guard at all times when he or she is in possession
7

of a concealable weapon permitted by his or her firearm
8

control card.
9

(7) Agents and investigators of the Illinois
10

Legislative Investigating Commission authorized by the
11

Commission to carry the weapons specified in subsections
12

24-1(a)(3) and 24-1(a)(4), while on duty in the course of
13

any investigation for the Commission.
14

(8) Persons employed by a financial institution as a
15

security guard for the protection of other employees and
16

property related to such financial institution, while
17

actually engaged in the performance of their duties,
18

commuting between their homes and places of employment, or
19

traveling between sites or properties owned or operated by
20

such financial institution, and who, as a security guard,
21

is a member of a security force registered with the
22

Department; provided that any person so employed has
23

successfully completed a course of study, approved by and
24

supervised by the Department of Financial and Professional
25

Regulation, consisting of not less than 48 hours of
26

training which includes theory of law enforcement,

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liability for acts, and the handling of weapons. A person
2

shall be considered to be eligible for this exemption if
3

he or she has completed the required 20 hours of training
4

for a security officer and 28 hours of required firearm
5

training, and has been issued a firearm control card by
6

the Department of Financial and Professional Regulation.
7

Conditions for renewal of firearm control cards issued
8

under the provisions of this Section shall be the same as
9

for those issued under the provisions of the Private
10

Detective, Private Alarm, Private Security, Fingerprint
11

Vendor, and Locksmith Act of 2004. The firearm control
12

card shall be carried by the security guard at all times
13

when he or she is in possession of a concealable weapon
14

permitted by his or her firearm control card. For purposes
15

of this subsection, "financial institution" means a bank,
16

savings and loan association, credit union, or company
17

providing armored car services.
18

(9) Any person employed by an armored car company to
19

drive an armored car, while actually engaged in the
20

performance of his duties.
21

(10) Persons who have been classified as peace
22

officers pursuant to the Peace Officer Fire Investigation
23

Act.
24

(11) Investigators of the Office of the State's
25

Attorneys Appellate Prosecutor authorized by the board of
26

governors of the Office of the State's Attorneys Appellate

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Prosecutor to carry weapons pursuant to Section 7.06 of
2

the State's Attorneys Appellate Prosecutor's Act.
3

(12) Special investigators appointed by a State's
4

Attorney under Section 3-9005 of the Counties Code.
5

(12.5) Probation officers while in the performance of
6

their duties, or while commuting between their homes,
7

places of employment or specific locations that are part
8

of their assigned duties, with the consent of the chief
9

judge of the circuit for which they are employed, if they
10

have received weapons training according to requirements
11

of the Peace Officer and Probation Officer Firearm
12

Training Act.
13

(13) Court security officers while in the performance
14

of their official duties, or while commuting between their
15

homes and places of employment, with the consent of the
16

sheriff.
17

(13.5) A person employed as an armed security guard at
18

a nuclear energy, storage, weapons, or development site or
19

facility regulated by the Nuclear Regulatory Commission
20

who has completed the background screening and training
21

mandated by the rules and regulations of the Nuclear
22

Regulatory Commission.
23

(14) Manufacture, transportation, or sale of weapons
24

to persons authorized under subdivisions (1) through
25

(13.5) of this subsection to possess those weapons.
26

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

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to or affect any person carrying a concealed pistol, revolver,
2
or handgun and the person has been issued a currently valid
3
license under the Firearm Concealed Carry Act at the time of
4
the commission of the offense.
5

(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6
to or affect a qualified current or retired law enforcement
7
officer or a current or retired deputy, county correctional
8
officer, or correctional officer of the Department of
9
Corrections qualified under the laws of this State or under
10
the federal Law Enforcement Officers Safety Act.
11

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
12
24-1.6 do not apply to or affect any of the following:
13

(1) Members of any club or organization organized for
14

the purpose of practicing shooting at targets upon
15

established target ranges, whether public or private, and
16

patrons of such ranges, while such members or patrons are
17

using their firearms on those target ranges.
18

(2) Duly authorized military or civil organizations
19

while parading, with the special permission of the
20

Governor.
21

(3) Hunters, trappers, or fishermen while engaged in
22

lawful hunting, trapping, or fishing under the provisions
23

of the Wildlife Code or the Fish and Aquatic Life Code.
24

(4) Transportation of weapons that are broken down in
25

a non-functioning state or are not immediately accessible.
26

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

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gun or taser or other firearm on the land or in the legal
2

dwelling of another person as an invitee with that
3

person's permission.
4

(c) Subsection 24-1(a)(7) does not apply to or affect any
5
of the following:
6

(1) Peace officers while in performance of their
7

official duties.
8

(2) Wardens, superintendents, and keepers of prisons,
9

penitentiaries, jails, and other institutions for the
10

detention of persons accused or convicted of an offense.
11

(3) Members of the Armed Services or Reserve Forces of
12

the United States or the Illinois National Guard, while in
13

the performance of their official duty.
14

(4) Manufacture, transportation, or sale of machine
15

guns to persons authorized under subdivisions (1) through
16

(3) of this subsection to possess machine guns, if the
17

machine guns are broken down in a non-functioning state or
18

are not immediately accessible.
19

(5) Persons licensed under federal law to manufacture
20

any weapon from which 8 or more shots or bullets can be
21

discharged by a single function of the firing device, or
22

ammunition for such weapons, and actually engaged in the
23

business of manufacturing such weapons or ammunition, but
24

only with respect to activities which are within the
25

lawful scope of such business, such as the manufacture,
26

transportation, or testing of such weapons or ammunition.

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This exemption does not authorize the general private
2

possession of any weapon from which 8 or more shots or
3

bullets can be discharged by a single function of the
4

firing device, but only such possession and activities as
5

are within the lawful scope of a licensed manufacturing
6

business described in this paragraph.
7

During transportation, such weapons shall be broken
8

down in a non-functioning state or not immediately
9

accessible.
10

(6) The manufacture, transport, testing, delivery,
11

transfer, or sale, and all lawful commercial or
12

experimental activities necessary thereto, of rifles,
13

shotguns, and weapons made from rifles or shotguns, or
14

ammunition for such rifles, shotguns, or weapons, where
15

engaged in by a person operating as a contractor or
16

subcontractor pursuant to a contract or subcontract for
17

the development and supply of such rifles, shotguns,
18

weapons, or ammunition to the United States government or
19

any branch of the Armed Forces of the United States, when
20

such activities are necessary and incident to fulfilling
21

the terms of such contract.
22

The exemption granted under this subdivision (c)(6)
23

shall also apply to any authorized agent of any such
24

contractor or subcontractor who is operating within the
25

scope of his employment, where such activities involving
26

such weapon, weapons, or ammunition are necessary and

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1

incident to fulfilling the terms of such contract.
2

(7) A person possessing a rifle with a barrel or
3

barrels less than 16 inches in length if: (A) the person
4

has been issued a Curios and Relics license from the U.S.
5

Bureau of Alcohol, Tobacco, Firearms and Explosives; or
6

(B) the person is an active member of a bona fide,
7

nationally recognized military re-enacting group and the
8

modification is required and necessary to accurately
9

portray the weapon for historical re-enactment purposes;
10

the re-enactor is in possession of a valid and current
11

re-enacting group membership credential; and the overall
12

length of the weapon as modified is not less than 26
13

inches.
14

(d) Subsection 24-1(a)(1) does not apply to the purchase,
15
possession or carrying of a black-jack or slung-shot by a
16
peace officer.
17

(e) Subsection 24-1(a)(8) does not apply to any owner,
18
manager, or authorized employee of any place specified in that
19
subsection nor to any law enforcement officer.
20

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
21
Section 24-1.6 do not apply to members of any club or
22
organization organized for the purpose of practicing shooting
23
at targets upon established target ranges, whether public or
24
private, while using their firearms on those target ranges.
25

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
26
to:

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1

(1) 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

(2) Bonafide collectors of antique or surplus military
5

ordnance.
6

(3) Laboratories having a department of forensic
7

ballistics or specializing in the development of
8

ammunition or explosive ordnance.
9

(4) Commerce, preparation, assembly, or possession of
10

explosive bullets by manufacturers of ammunition licensed
11

by the federal government, in connection with the supply
12

of those organizations and persons exempted by subdivision
13

(g)(1) of this Section, or like organizations and persons
14

outside this State, or the transportation of explosive
15

bullets to any organization or person exempted in this
16

Section by a common carrier or by a vehicle owned or leased
17

by an exempted manufacturer.
18

(g-5)
(Blank).

Subsection 24-1(a)(6) does not apply to or
19
affect persons licensed under federal law to manufacture any
20
device or attachment of any kind designed, used, or intended
21
for use in silencing the report of any firearm, firearms, or
22
ammunition for those firearms equipped with those devices, and
23
actually engaged in the business of manufacturing those
24
devices, firearms, or ammunition, but only with respect to
25
activities that are within the lawful scope of that business,
26
such as the manufacture, transportation, or testing of those

SB3126
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1
devices, firearms, or ammunition. This exemption does not
2
authorize the general private possession of any device or
3
attachment of any kind designed, used, or intended for use in
4
silencing the report of any firearm, but only such possession
5
and activities as are within the lawful scope of a licensed
6
manufacturing business described in this subsection (g-5).
7
During transportation, these devices shall be detached from
8
any weapon or not immediately accessible.
9

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
10
24-1.6 do not apply to or affect any parole agent or parole
11
supervisor who meets the qualifications and conditions
12
prescribed in Section 3-14-1.5 of the Unified Code of
13
Corrections.
14

(g-7)
(Blank).

Subsection 24-1(a)(6) does not apply to a
15
peace officer while serving as a member of a tactical response
16
team or special operations team. A peace officer may not
17
personally own or apply for ownership of a device or
18
attachment of any kind designed, used, or intended for use in
19
silencing the report of any firearm. These devices shall be
20
owned and maintained by lawfully recognized units of
21
government whose duties include the investigation of criminal
22
acts.
23

(g-10) (Blank).
24

(h) An information or indictment based upon a violation of
25
any subsection of this Article need not negate any exemptions
26
contained in this Article. The defendant shall have the burden

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1
of proving such an exemption.
2

(i) Nothing in this Article shall prohibit, apply to, or
3
affect the transportation, carrying, or possession of any
4
pistol or revolver, stun gun, taser, or other firearm
5
consigned to a common carrier operating under license of the
6
State of Illinois or the federal government, where such
7
transportation, carrying, or possession is incident to the
8
lawful transportation in which such common carrier is engaged;
9
and nothing in this Article shall prohibit, apply to, or
10
affect the transportation, carrying, or possession of any
11
pistol, revolver, stun gun, taser, or other firearm, not the
12
subject of and regulated by subsection 24-1(a)(7) or
13
subsection 24-2(c) of this Article, which is unloaded and
14
enclosed in a case, firearm carrying box, shipping box, or
15
other container, by the possessor of a valid Firearm Owners
16
Identification Card.
17
(Source: P.A. 103-154, eff. 6-30-23; 104-417, eff. 8-15-25.)

18

(720 ILCS 5/36-1)

(from Ch. 38, par. 36-1)
19

Sec. 36-1.
Property subject to forfeiture.
20

(a) Any vessel or watercraft, vehicle, or aircraft is
21
subject to forfeiture under this Article if the vessel or
22
watercraft, vehicle, or aircraft is used with the knowledge
23
and consent of the owner in the commission of or in the attempt
24
to commit as defined in Section 8-4 of this Code:
25

(1) an offense prohibited by Section 9-1 (first degree

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1

murder), Section 9-3 (involuntary manslaughter and
2

reckless homicide), Section 10-2 (aggravated kidnaping),
3

Section 11-1.20 (criminal sexual assault), Section 11-1.30
4

(aggravated criminal sexual assault), Section 11-1.40
5

(predatory criminal sexual assault of a child), subsection
6

(a) of Section 11-1.50 (criminal sexual abuse), subsection
7

(a), (c), or (d) of Section 11-1.60 (aggravated criminal
8

sexual abuse), Section 11-6 (indecent solicitation of a
9

child), Section 11-14.4 (promoting commercial sexual
10

exploitation of a child except for keeping a place of
11

commercial sexual exploitation of a child), Section
12

11-20.1 (child sexual abuse material), paragraph (a)(1),
13

(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
14

(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
15

(aggravated battery), Section 12-7.3 (stalking), Section
16

12-7.4 (aggravated stalking), Section 16-1 (theft if the
17

theft is of precious metal or of scrap metal), subdivision
18

(f)(2) or (f)(3) of Section 16-25 (retail theft), Section
19

18-2 (armed robbery), Section 19-1 (burglary), Section
20

19-2 (possession of burglary tools), Section 19-3
21

(residential burglary), Section 20-1 (arson; residential
22

arson; place of worship arson), Section 20-2 (possession
23

of explosives or explosive or incendiary devices),
24

subdivision
(a)(6) or
(a)(7) of Section 24-1 (unlawful
25

possession of weapons), Section 24-1.2 (aggravated
26

discharge of a firearm), Section 24-1.2-5 (aggravated

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1

discharge of a machine gun
or a firearm equipped with a
2

device designed or used for silencing the report of a
3

firearm
), Section 24-1.5 (reckless discharge of a
4

firearm), Section 28-1 (gambling), or Section 29D-15.2
5

(possession of a deadly substance) of this Code;
6

(2) an offense prohibited by Section 21, 22, 23, 24
,

7

or 26 of the Cigarette Tax Act if the vessel or watercraft,
8

vehicle, or aircraft contains more than 10 cartons of such
9

cigarettes;
10

(3) an offense prohibited by Section 28, 29, or 30 of
11

the Cigarette Use Tax Act if the vessel or watercraft,
12

vehicle, or aircraft contains more than 10 cartons of such
13

cigarettes;
14

(4) an offense prohibited by Section 44 of the
15

Environmental Protection Act;
16

(5) an offense prohibited by Section 11-204.1 of the
17

Illinois Vehicle Code (aggravated fleeing or attempting to
18

elude a peace officer);
19

(6) an offense prohibited by Section 11-501 of the
20

Illinois Vehicle Code (driving while under the influence
21

of alcohol or other drug or drugs, intoxicating compound
22

or compounds or any combination thereof) or a similar
23

provision of a local ordinance, and:
24

(A) during a period in which his or her driving
25

privileges are revoked or suspended if the revocation
26

or suspension was for:

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1

(i) Section 11-501 (driving under the
2

influence of alcohol or other drug or drugs,
3

intoxicating compound or compounds or any
4

combination thereof),
5

(ii) Section 11-501.1 (statutory summary
6

suspension or revocation),
7

(iii) paragraph (b) of Section 11-401 (motor
8

vehicle crashes involving death or personal
9

injuries), or
10

(iv) reckless homicide as defined in Section
11

9-3 of this Code;
12

(B) has been previously convicted of reckless
13

homicide or a similar provision of a law of another
14

state relating to reckless homicide in which the
15

person was determined to have been under the influence
16

of alcohol, other drug or drugs, or intoxicating
17

compound or compounds as an element of the offense or
18

the person has previously been convicted of committing
19

a violation of driving under the influence of alcohol
20

or other drug or drugs, intoxicating compound or
21

compounds or any combination thereof and was involved
22

in a motor vehicle crash that resulted in death, great
23

bodily harm, or permanent disability or disfigurement
24

to another, when the violation was a proximate cause
25

of the death or injuries;
26

(C) the person committed a violation of driving

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1

under the influence of alcohol or other drug or drugs,
2

intoxicating compound or compounds or any combination
3

thereof under Section 11-501 of the Illinois Vehicle
4

Code or a similar provision for the third or
5

subsequent time;
6

(D) he or she did not possess a valid driver's
7

license or permit or a valid restricted driving permit
8

or a valid judicial driving permit or a valid
9

monitoring device driving permit; or
10

(E) he or she knew or should have known that the
11

vehicle he or she was driving was not covered by a
12

liability insurance policy;
13

(7) an offense described in subsection (g) of Section
14

6-303 of the Illinois Vehicle Code;
15

(8) an offense described in subsection (e) of Section
16

6-101 of the Illinois Vehicle Code; or
17

(9)(A) operating a watercraft under the influence of
18

alcohol, other drug or drugs, intoxicating compound or
19

compounds, or combination thereof under Section 5-16 of
20

the Boat Registration and Safety Act during a period in
21

which his or her privileges to operate a watercraft are
22

revoked or suspended and the revocation or suspension was
23

for operating a watercraft under the influence of alcohol,
24

other drug or drugs, intoxicating compound or compounds,
25

or combination thereof; (B) operating a watercraft under
26

the influence of alcohol, other drug or drugs,

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1

intoxicating compound or compounds, or combination thereof
2

and has been previously convicted of reckless homicide or
3

a similar provision of a law in another state relating to
4

reckless homicide in which the person was determined to
5

have been under the influence of alcohol, other drug or
6

drugs, intoxicating compound or compounds, or combination
7

thereof as an element of the offense or the person has
8

previously been convicted of committing a violation of
9

operating a watercraft under the influence of alcohol,
10

other drug or drugs, intoxicating compound or compounds,
11

or combination thereof and was involved in an accident
12

that resulted in death, great bodily harm, or permanent
13

disability or disfigurement to another, when the violation
14

was a proximate cause of the death or injuries; or (C) the
15

person committed a violation of operating a watercraft
16

under the influence of alcohol, other drug or drugs,
17

intoxicating compound or compounds, or combination thereof
18

under Section 5-16 of the Boat Registration and Safety Act
19

or a similar provision for the third or subsequent time.
20

(b) In addition, any mobile or portable equipment used in
21
the commission of an act which is in violation of Section 7g of
22
the Metropolitan Water Reclamation District Act shall be
23
subject to seizure and forfeiture under the same procedures
24
provided in this Article for the seizure and forfeiture of
25
vessels or watercraft, vehicles, and aircraft, and any such
26
equipment shall be deemed a vessel or watercraft, vehicle, or

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1
aircraft for purposes of this Article.
2

(c) In addition, when a person discharges a firearm at
3
another individual from a vehicle with the knowledge and
4
consent of the owner of the vehicle and with the intent to
5
cause death or great bodily harm to that individual and as a
6
result causes death or great bodily harm to that individual,
7
the vehicle shall be subject to seizure and forfeiture under
8
the same procedures provided in this Article for the seizure
9
and forfeiture of vehicles used in violations of clauses (1),
10
(2), (3), or (4) of subsection (a) of this Section.
11

(d) If the spouse of the owner of a vehicle seized for an
12
offense described in subsection (g) of Section 6-303 of the
13
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
14
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
15
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
16
Code makes a showing that the seized vehicle is the only source
17
of transportation and it is determined that the financial
18
hardship to the family as a result of the seizure outweighs the
19
benefit to the State from the seizure, the vehicle may be
20
forfeited to the spouse or family member and the title to the
21
vehicle shall be transferred to the spouse or family member
22
who is properly licensed and who requires the use of the
23
vehicle for employment or family transportation purposes. A
24
written declaration of forfeiture of a vehicle under this
25
Section shall be sufficient cause for the title to be
26
transferred to the spouse or family member. The provisions of

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1
this paragraph shall apply only to one forfeiture per vehicle.
2
If the vehicle is the subject of a subsequent forfeiture
3
proceeding by virtue of a subsequent conviction of either
4
spouse or the family member, the spouse or family member to
5
whom the vehicle was forfeited under the first forfeiture
6
proceeding may not utilize the provisions of this paragraph in
7
another forfeiture proceeding. If the owner of the vehicle
8
seized owns more than one vehicle, the procedure set out in
9
this paragraph may be used for only one vehicle.
10

(e) In addition, property subject to forfeiture under
11
Section 40 of the Illinois Streetgang Terrorism Omnibus
12
Prevention Act may be seized and forfeited under this Article.
13
(Source: P.A. 103-822, eff. 1-1-25; 103-1071, eff. 7-1-25;
14
104-245, eff. 1-1-26; revised 10-21-25.)

15

Section 10.
The Code of Criminal Procedure of 1963 is
16
amended by changing Section 110-6.1 as follows:

17

(725 ILCS 5/110-6.1)

(from Ch. 38, par. 110-6.1)
18

Sec. 110-6.1.
Denial of pretrial release.
19

(a) Upon verified petition by the State, the court shall
20
hold a hearing and may deny a defendant pretrial release only
21
if:
22

(1) the defendant is charged with a felony offense
23

other than a forcible felony for which, based on the
24

charge or the defendant's criminal history, a sentence of

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1

imprisonment, without probation, periodic imprisonment, or
2

conditional discharge, is required by law upon conviction,
3

and it is alleged that the defendant's pretrial release
4

poses a real and present threat to the safety of any person
5

or persons or the community, based on the specific
6

articulable facts of the case;
7

(1.5) the defendant's pretrial release poses a real
8

and present threat to the safety of any person or persons
9

or the community, based on the specific articulable facts
10

of the case, and the defendant is charged with a forcible
11

felony, which as used in this Section, means treason,
12

first degree murder, second degree murder, predatory
13

criminal sexual assault of a child, aggravated criminal
14

sexual assault, criminal sexual assault, armed robbery,
15

aggravated robbery, robbery, burglary where there is use
16

of force against another person, residential burglary,
17

home invasion, vehicular invasion, aggravated arson,
18

arson, aggravated kidnaping, kidnaping, aggravated battery
19

resulting in great bodily harm or permanent disability or
20

disfigurement, or any other felony which involves the
21

threat of or infliction of great bodily harm or permanent
22

disability or disfigurement;
23

(2) the defendant is charged with stalking or
24

aggravated stalking, and it is alleged that the
25

defendant's pre-trial release poses a real and present
26

threat to the safety of a victim of the alleged offense,

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1

and denial of release is necessary to prevent fulfillment
2

of the threat upon which the charge is based;
3

(3) the defendant is charged with a violation of an
4

order of protection issued under Section 112A-14 of this
5

Code or Section 214 of the Illinois Domestic Violence Act
6

of 1986, a stalking no contact order under Section 80 of
7

the Stalking No Contact Order Act, or a civil no contact
8

order under Section 213 of the Civil No Contact Order Act,
9

and it is alleged that the defendant's pretrial release
10

poses a real and present threat to the safety of any person
11

or persons or the community, based on the specific
12

articulable facts of the case;
13

(4) the defendant is charged with domestic battery or
14

aggravated domestic battery under Section 12-3.2 or 12-3.3
15

of the Criminal Code of 2012 and it is alleged that the
16

defendant's pretrial release poses a real and present
17

threat to the safety of any person or persons or the
18

community, based on the specific articulable facts of the
19

case;
20

(5) the defendant is charged with any offense under
21

Article 11 of the Criminal Code of 2012, except for
22

Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
23

11-40, and 11-45 of the Criminal Code of 2012, or similar
24

provisions of the Criminal Code of 1961 and it is alleged
25

that the defendant's pretrial release poses a real and
26

present threat to the safety of any person or persons or

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1

the community, based on the specific articulable facts of
2

the case;
3

(6) the defendant is charged with any of the following
4

offenses under the Criminal Code of 2012, and it is
5

alleged that the defendant's pretrial release poses a real
6

and present threat to the safety of any person or persons
7

or the community, based on the specific articulable facts
8

of the case:
9

(A) Section 24-1.2 (aggravated discharge of a
10

firearm);
11

(B) Section 24-1.2-5 (aggravated discharge of a
12

machine gun
or a firearm equipped with a device
13

designed or used for silencing the report of a
14

firearm
);
15

(C) Section 24-1.5 (reckless discharge of a
16

firearm);
17

(D) Section 24-1.7 (unlawful possession of a
18

firearm by a repeat felony offender);
19

(E) Section 24-2.2 (manufacture, sale, or transfer
20

of bullets or shells represented to be armor piercing
21

bullets, dragon's breath shotgun shells, bolo shells,
22

or flechette shells);
23

(F) Section 24-3 (unlawful sale or delivery of
24

firearms);
25

(G) Section 24-3.3 (unlawful sale or delivery of
26

firearms on the premises of any school);

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1

(H) Section 24-34 (unlawful sale of firearms by
2

liquor license);
3

(I) Section 24-3.5 (unlawful purchase of a
4

firearm);
5

(J) Section 24-3A (gunrunning);
6

(K) Section 24-3B (firearms trafficking);
7

(L) Section 10-9 (b) (involuntary servitude);
8

(M) Section 10-9 (c) (involuntary sexual servitude
9

of a minor);
10

(N) Section 10-9(d) (trafficking in persons);
11

(O) Non-probationable violations: (i) unlawful
12

possession of weapons by felons or persons in the
13

Custody of the Department of Corrections facilities
14

(Section 24-1.1), (ii) aggravated unlawful possession
15

of a weapon (Section 24-1.6), or (iii) aggravated
16

possession of a stolen firearm (Section 24-3.9);
17

(P) Section 9-3 (reckless homicide and involuntary
18

manslaughter);
19

(Q) Section 19-3 (residential burglary);
20

(R) Section 10-5 (child abduction);
21

(S) Felony violations of Section 12C-5 (child
22

endangerment);
23

(T) Section 12-7.1 (hate crime);
24

(U) Section 10-3.1 (aggravated unlawful
25

restraint);
26

(V) Section 12-9 (threatening a public official);

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1

(W) Subdivision (f)(1) of Section 12-3.05
2

(aggravated battery with a deadly weapon other than by
3

discharge of a firearm);
4

(6.5) the defendant is charged with any of the
5

following offenses, and it is alleged that the defendant's
6

pretrial release poses a real and present threat to the
7

safety of any person or persons or the community, based on
8

the specific articulable facts of the case:
9

(A) Felony violations of Sections 3.01, 3.02, or
10

3.03 of the Humane Care for Animals Act (cruel
11

treatment, aggravated cruelty, and animal torture);
12

(B) Subdivision (d)(1)(B) of Section 11-501 of the
13

Illinois Vehicle Code (aggravated driving under the
14

influence while operating a school bus with
15

passengers);
16

(C) Subdivision (d)(1)(C) of Section 11-501 of the
17

Illinois Vehicle Code (aggravated driving under the
18

influence causing great bodily harm);
19

(D) Subdivision (d)(1)(D) of Section 11-501 of the
20

Illinois Vehicle Code (aggravated driving under the
21

influence after a previous reckless homicide
22

conviction);
23

(E) Subdivision (d)(1)(F) of Section 11-501 of the
24

Illinois Vehicle Code (aggravated driving under the
25

influence leading to death); or
26

(F) Subdivision (d)(1)(J) of Section 11-501 of the

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1

Illinois Vehicle Code (aggravated driving under the
2

influence that resulted in bodily harm to a child
3

under the age of 16);
4

(7) the defendant is charged with an attempt to commit
5

any charge listed in paragraphs (1) through (6.5), and it
6

is alleged that the defendant's pretrial release poses a
7

real and present threat to the safety of any person or
8

persons or the community, based on the specific
9

articulable facts of the case; or
10

(8) the person has a high likelihood of willful flight
11

to avoid prosecution and is charged with:
12

(A) Any felony described in subdivisions (a)(1)
13

through (a)(7) of this Section; or
14

(B) A felony offense other than a Class 4 offense.
15

(b) If the charged offense is a felony, as part of the
16
detention hearing, the court shall determine whether there is
17
probable cause the defendant has committed an offense, unless
18
a hearing pursuant to Section 109-3 of this Code has already
19
been held or a grand jury has returned a true bill of
20
indictment against the defendant. If there is a finding of no
21
probable cause, the defendant shall be released. No such
22
finding is necessary if the defendant is charged with a
23
misdemeanor.
24

(c) Timing of petition.
25

(1) A petition may be filed without prior notice to
26

the defendant at the first appearance before a judge, or

SB3126
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1

within the 21 calendar days, except as provided in Section
2

110-6, after arrest and release of the defendant upon
3

reasonable notice to defendant; provided that while such
4

petition is pending before the court, the defendant if
5

previously released shall not be detained.
6

(2) Upon filing, the court shall immediately hold a
7

hearing on the petition unless a continuance is requested.
8

If a continuance is requested and granted, the hearing
9

shall be held within 48 hours of the defendant's first
10

appearance if the defendant is charged with first degree
11

murder or a Class X, Class 1, Class 2, or Class 3 felony,
12

and within 24 hours if the defendant is charged with a
13

Class 4 or misdemeanor offense. The Court may deny or
14

grant the request for continuance. If the court decides to
15

grant the continuance, the Court retains the discretion to
16

detain or release the defendant in the time between the
17

filing of the petition and the hearing.
18

(d) Contents of petition.
19

(1) The petition shall be verified by the State and
20

shall state the grounds upon which it contends the
21

defendant should be denied pretrial release, including the
22

real and present threat to the safety of any person or
23

persons or the community, based on the specific
24

articulable facts or flight risk, as appropriate.
25

(2) If the State seeks to file a second or subsequent
26

petition under this Section, the State shall be required

SB3126
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1

to present a verified application setting forth in detail
2

any new facts not known or obtainable at the time of the
3

filing of the previous petition.
4

(e) Eligibility: All defendants shall be presumed eligible
5
for pretrial release, and the State shall bear the burden of
6
proving by clear and convincing evidence that:
7

(1) the proof is evident or the presumption great that
8

the defendant has committed an offense listed in
9

subsection (a), and
10

(2) for offenses listed in paragraphs (1) through (7)
11

of subsection (a), the defendant poses a real and present
12

threat to the safety of any person or persons or the
13

community, based on the specific articulable facts of the
14

case, by conduct which may include, but is not limited to,
15

a forcible felony, the obstruction of justice,
16

intimidation, injury, or abuse as defined by paragraph (1)
17

of Section 103 of the Illinois Domestic Violence Act of
18

1986, and
19

(3) no condition or combination of conditions set
20

forth in subsection (b) of Section 110-10 of this Article
21

can mitigate (i) the real and present threat to the safety
22

of any person or persons or the community, based on the
23

specific articulable facts of the case, for offenses
24

listed in paragraphs (1) through (7) of subsection (a), or
25

(ii) the defendant's willful flight for offenses listed in
26

paragraph (8) of subsection (a), and

SB3126
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LRB104 18650 RLC 32093 b
1

(4) for offenses under subsection (b) of Section 407
2

of the Illinois Controlled Substances Act that are subject
3

to paragraph (1) of subsection (a), no condition or
4

combination of conditions set forth in subsection (b) of
5

Section 110-10 of this Article can mitigate the real and
6

present threat to the safety of any person or persons or
7

the community, based on the specific articulable facts of
8

the case, and the defendant poses a serious risk to not
9

appear in court as required.
10

(f) Conduct of the hearings.
11

(1) Prior to the hearing, the State shall tender to
12

the defendant copies of the defendant's criminal history
13

available, any written or recorded statements, and the
14

substance of any oral statements made by any person, if
15

relied upon by the State in its petition, and any police
16

reports in the prosecutor's possession at the time of the
17

hearing.
18

(2) The State or defendant may present evidence at the
19

hearing by way of proffer based upon reliable information.
20

(3) The defendant has the right to be represented by
21

counsel, and if he or she is indigent, to have counsel
22

appointed for him or her. The defendant shall have the
23

opportunity to testify, to present witnesses on his or her
24

own behalf, and to cross-examine any witnesses that are
25

called by the State. Defense counsel shall be given
26

adequate opportunity to confer with the defendant before

SB3126
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1

any hearing at which conditions of release or the
2

detention of the defendant are to be considered, with an
3

accommodation for a physical condition made to facilitate
4

attorney/client consultation. If defense counsel needs to
5

confer or consult with the defendant during any hearing
6

conducted via a 2-way audio-visual communication system,
7

such consultation shall not be recorded and shall be
8

undertaken consistent with constitutional protections.
9

(3.5) A hearing at which pretrial release may be
10

denied must be conducted in person (and not by way of 2-way
11

audio visual communication) unless the accused waives the
12

right to be present physically in court, the court
13

determines that the physical health and safety of any
14

person necessary to the proceedings would be endangered by
15

appearing in court, or the chief judge of the circuit
16

orders use of that system due to operational challenges in
17

conducting the hearing in person. Such operational
18

challenges must be documented and approved by the chief
19

judge of the circuit, and a plan to address the challenges
20

through reasonable efforts must be presented and approved
21

by the Administrative Office of the Illinois Courts every
22

6 months.
23

(4) If the defense seeks to compel the complaining
24

witness to testify as a witness in its favor, it shall
25

petition the court for permission. When the ends of
26

justice so require, the court may exercise its discretion

SB3126
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1

and compel the appearance of a complaining witness. The
2

court shall state on the record reasons for granting a
3

defense request to compel the presence of a complaining
4

witness only on the issue of the defendant's pretrial
5

detention. In making a determination under this Section,
6

the court shall state on the record the reason for
7

granting a defense request to compel the presence of a
8

complaining witness, and only grant the request if the
9

court finds by clear and convincing evidence that the
10

defendant will be materially prejudiced if the complaining
11

witness does not appear. Cross-examination of a
12

complaining witness at the pretrial detention hearing for
13

the purpose of impeaching the witness' credibility is
14

insufficient reason to compel the presence of the witness.
15

In deciding whether to compel the appearance of a
16

complaining witness, the court shall be considerate of the
17

emotional and physical well-being of the witness. The
18

pre-trial detention hearing is not to be used for purposes
19

of discovery, and the post arraignment rules of discovery
20

do not apply. The State shall tender to the defendant,
21

prior to the hearing, copies, if any, of the defendant's
22

criminal history, if available, and any written or
23

recorded statements and the substance of any oral
24

statements made by any person, if in the State's
25

Attorney's possession at the time of the hearing.
26

(5) The rules concerning the admissibility of evidence

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1

in criminal trials do not apply to the presentation and
2

consideration of information at the hearing. At the trial
3

concerning the offense for which the hearing was conducted
4

neither the finding of the court nor any transcript or
5

other record of the hearing shall be admissible in the
6

State's case-in-chief, but shall be admissible for
7

impeachment, or as provided in Section 115-10.1 of this
8

Code, or in a perjury proceeding.
9

(6) The defendant may not move to suppress evidence or
10

a confession, however, evidence that proof of the charged
11

crime may have been the result of an unlawful search or
12

seizure, or both, or through improper interrogation, is
13

relevant in assessing the weight of the evidence against
14

the defendant.
15

(7) Decisions regarding release, conditions of
16

release, and detention prior to trial must be
17

individualized, and no single factor or standard may be
18

used exclusively to order detention. Risk assessment tools
19

may not be used as the sole basis to deny pretrial release.
20

(g) Factors to be considered in making a determination of
21
dangerousness. The court may, in determining whether the
22
defendant poses a real and present threat to the safety of any
23
person or persons or the community, based on the specific
24
articulable facts of the case, consider, but shall not be
25
limited to, evidence or testimony concerning:
26

(1) The nature and circumstances of any offense

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LRB104 18650 RLC 32093 b
1

charged, including whether the offense is a crime of
2

violence, involving a weapon, or a sex offense.
3

(2) The history and characteristics of the defendant
4

including:
5

(A) Any evidence of the defendant's prior criminal
6

history indicative of violent, abusive, or assaultive
7

behavior, or lack of such behavior. Such evidence may
8

include testimony or documents received in juvenile
9

proceedings, criminal, quasi-criminal, civil
10

commitment, domestic relations, or other proceedings.
11

(B) Any evidence of the defendant's psychological,
12

psychiatric or other similar social history which
13

tends to indicate a violent, abusive, or assaultive
14

nature, or lack of any such history.
15

(3) The identity of any person or persons to whose
16

safety the defendant is believed to pose a threat, and the
17

nature of the threat.
18

(4) Any statements made by, or attributed to the
19

defendant, together with the circumstances surrounding
20

them.
21

(5) The age and physical condition of the defendant.
22

(6) The age and physical condition of any victim or
23

complaining witness.
24

(7) Whether the defendant is known to possess or have
25

access to any weapon or weapons.
26

(8) Whether, at the time of the current offense or any

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1

other offense or arrest, the defendant was on probation,
2

parole, aftercare release, mandatory supervised release,
3

or other release from custody pending trial, sentencing,
4

appeal, or completion of sentence for an offense under
5

federal or State law.
6

(9) Any other factors, including those listed in
7

Section 110-5 of this Article deemed by the court to have a
8

reasonable bearing upon the defendant's propensity or
9

reputation for violent, abusive, or assaultive behavior,
10

or lack of such behavior.
11

(h) Detention order. The court shall, in any order for
12
detention:
13

(1) make a written finding summarizing the court's
14

reasons for concluding that the defendant should be denied
15

pretrial release, including why less restrictive
16

conditions would not avoid a real and present threat to
17

the safety of any person or persons or the community,
18

based on the specific articulable facts of the case, or
19

prevent the defendant's willful flight from prosecution;
20

(2) direct that the defendant be committed to the
21

custody of the sheriff for confinement in the county jail
22

pending trial;
23

(3) direct that the defendant be given a reasonable
24

opportunity for private consultation with counsel, and for
25

communication with others of his or her choice by
26

visitation, mail and telephone; and

SB3126
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1

(4) direct that the sheriff deliver the defendant as
2

required for appearances in connection with court
3

proceedings.
4

(i) Detention. If the court enters an order for the
5
detention of the defendant pursuant to subsection (e) of this
6
Section, the defendant shall be brought to trial on the
7
offense for which he is detained within 90 days after the date
8
on which the order for detention was entered. If the defendant
9
is not brought to trial within the 90-day period required by
10
the preceding sentence, he shall not be denied pretrial
11
release. In computing the 90-day period, the court shall omit
12
any period of delay resulting from a continuance granted at
13
the request of the defendant and any period of delay resulting
14
from a continuance granted at the request of the State with
15
good cause shown pursuant to Section 103-5.
16

(i-5) At each subsequent appearance of the defendant
17
before the court, the judge must find that continued detention
18
is necessary to avoid a real and present threat to the safety
19
of any person or persons or the community, based on the
20
specific articulable facts of the case, or to prevent the
21
defendant's willful flight from prosecution.
22

(j) Rights of the defendant. The defendant shall be
23
entitled to appeal any order entered under this Section
24
denying his or her pretrial release.
25

(k) Appeal. The State may appeal any order entered under
26
this Section denying any motion for denial of pretrial

SB3126
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LRB104 18650 RLC 32093 b
1
release.
2

(l) Presumption of innocence. Nothing in this Section
3
shall be construed as modifying or limiting in any way the
4
defendant's presumption of innocence in further criminal
5
proceedings.
6

(m) Interest of victims.
7

(1) Crime victims shall be given notice by the State's
8

Attorney's office of this hearing as required in paragraph
9

(1) of subsection (b) of Section 4.5 of the Rights of Crime
10

Victims and Witnesses Act and shall be informed of their
11

opportunity at this hearing to obtain a protective order.
12

(2) If the defendant is denied pretrial release, the
13

court may impose a no contact provision with the victim or
14

other interested party that shall be enforced while the
15

defendant remains in custody.
16
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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