Criminal Justice (Firearms)

Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2027, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony.

Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted of misdemeanor stalking in another jurisdiction or a similar misdemeanor offense in another jurisdiction.

Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.

Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.

Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful possession of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

Amends the Criminal Code of 2012. Provides that, if a firearm that has been lost or stolen is found by a law enforcement officer, whether or not the firearm has been reported by its previous possessor as lost or stolen to the local law enforcement agency within the time period required by this provision, the law enforcement agency, upon the identification of the previous possessor of the firearm, shall issue a citation for which a penalty shall be set at $500 for a first offense and $1,000 for a second offense. Provides that, if the offender fails to pay the fine, the offender forfeits the lost or stolen firearm and the offender's Firearm Owner's Identification Card and concealed carry license, if any have been issued to the offender, are revoked. Provides that after 3 lost or stolen firearms, the court shall revoke the person's Firearm Owner's Identification Card and concealed carry license if issued to the person. Provides that any person whose Firearm Owner's Identification Card or concealed carry license is revoked as a result of this provision shall surrender all the person's firearms, the person's Firearm Owner's Identification Card, and the person's concealed carry license to the local law enforcement agency. Allows mitigating circumstances to be considered when imposing penalties.

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

Provides that the Act may be referred to as the Knight-Silas Act. Amends the Criminal Code of 2012. Provides that aggravated battery, other than by the discharge of a firearm, includes a battery committed by a person who, at the time of the commission of the offense, is 21 years of age or older and the battery was committed upon an individual whom the person committing the offense knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, or a Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony, except if the battery causes great bodily harm or permanent disability or disfigurement to an individual, a violation is a Class 1 felony. Defines "Department of Children and Family Services employee" and "ombudsman".