Criminal Justice (Firearms)

Amends the Unified Code of Corrections. Provides that the following are discretionary (rather than mandatory) preconditions to Second Chance Probation: (1) making full restitution to the victim or property owner; (2) obtaining or attempting to obtain employment; (3) paying fines and costs; (4) attending specified educational courses; and (5) performing community service. Eliminates a provision which requires a defendant to submit to periodic drug testing at a time and in a manner ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Authorizes defense counsel to offer input on the duration of the First Time Weapon Offense Program. Deletes provisions requiring the State's Attorney consent for a defendant to participate in Second Chance Probation or the First Time Weapon Offense Program.

Amends the Firearm Owners Identification Card Act. Provides that, notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that, if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card.

Amends the Code of Criminal Procedure of 1963. Provides that if a person has 2 or more pending misdemeanor charges involving a firearm or 4 or more pending Class A misdemeanor charges, the defendant may be charged as a habitual misdemeanant offender. Provides that the provision does not apply unless each of the following requirements are satisfied: (1) the third offense occurred after the second offense; (2) the second offense occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that the charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

Amends the Criminal Code of 2012. Provides that a hate crime is: (1) a Class 2 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class 1 felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class 1 felony for which the person shall be sentenced to a term of imprisonment of not less than 4 years and not more than 15 years if a crime of violence that is a Class 1 felony is committed against a victim of a hate crime. Provides that the court may sentence a defendant who committed a hate crime to a term of natural life imprisonment if the underlying crime is first degree murder if the murder was committed by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a conviction for a hate crime if: (1) committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; or (2) a crime of violence is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals.

Amends the Criminal Code of 2012. Provides that a person who, in committing a domestic battery, other than by discharge of a firearm, knows the individual battered to be a person 60 years of age or older commits aggravated domestic battery.

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a person commits the crime of violation of an order of protection under the Criminal Code of 1961 or the Criminal Code of 2012 if the person, in violation of an order to surrender the person's firearms and firearm parts, knowingly transfers a firearm or firearm parts to the respondent or otherwise allows the respondent access to a firearm or firearm parts. Provides that, if the law enforcement agency seeks to correct or negate the warrant for the seizure of the respondent's firearms and firearm parts, it shall take reasonable steps to notify the petitioner before appearing before the court. Makes technical changes.

Amends the Unified Code of Corrections. Restores provisions regarding sentencing guidelines for individuals with prior felony firearm-related or other specified convictions that were repealed on January 1, 2004. Applies to offenses committed on or after the effective date of the amendatory Act. Eliminates sunset provision. Amends the Criminal Code of 2012 to make conforming changes.

Amends the Unified Code of Corrections. Provides that the amendatory Act may be referred to as the Criminal Justice Procedural Clarification Act. Eliminates the consent of the State's Attorney as a requirement for a defendant to participate in the First Time Weapon Offense Program. Changes the eligibility requirements for the Program. Provides that the court may sentence a defendant to probation to participate in the Program, regardless of whether the State's Attorney affirmatively offers or consents to participation in the Program. Provides that the State's Attorney may object to sentencing to probation to participate in the Program only by stating on the record specific and articulable public safety reasons why probation under the provision would be inappropriate for the individual defendant. Provides that, upon objection by the State's Attorney, the court may sentence the defendant under these provisions if the court makes written findings that the defendant meets the statutory eligibility requirements and that probation under these provisions is consistent with specified public safety and the rehabilitative purposes of the Code. Provides that a defendant shall not be deemed ineligible for probation under these provisions solely because the defendant was legally ineligible to apply for a Firearm Owner's Identification Card, at the time of the offense, if no other statutory disqualifications apply. Provides that in cases involving a firearm-related offense, the court shall consider diversion to treatment, including eligibility for the First Time Weapon Offense Program prior to imposing a sentence of incarceration if certain conditions are met. Provides that a person convicted of a firearm-related offense prior to the effective date of the amendatory Act may petition the sentencing court for review if the person meets certain eligibility requirements. Effective immediately.

Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.