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SB 1221

Relating to transportation; prescribing an effective date.

2025 Special Session Introduced by Daniel Bonham

If a final court ruling declares Illinois assault weapons provisions unconstitutional, ISP and agencies must immediately destroy all endorsement affidavits and related data.

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WeVote Research Nonpartisan
Bill Summary · SB 1221

Summary — SB 1221: "Assault Weapons — Affidavit" (Illinois bill)

Note on sources: the provided materials include several unrelated bills from multiple states that share the SB 1221 label. This summary focuses on the Illinois measure titled “Assault Weapons — Affidavit” (introduced in the Illinois General Assembly, lead sponsor Sen. Terri Bryant), which amends the Criminal Code (720 ILCS 5/24‑1.9).

Main purpose

Require destruction of endorsement affidavits and related information held by the Illinois State Police (ISP) and other law‑enforcement agencies if the State’s statutory provisions governing assault weapons (and related .50‑caliber provisions) are finally declared unconstitutional.

Key provisions

  • Amends Section 24‑1.9 of the Illinois Criminal Code (the section addressing manufacture/possession/delivery/sale/purchase of assault weapons, .50‑caliber rifles, and .50‑caliber cartridges).
  • Provides that if a court (after all appeals are exhausted or the time for appeal has expired) finds those statutory provisions to be unconstitutional, then:
    • The Illinois State Police shall immediately and permanently destroy (or cause to be destroyed) every endorsement affidavit in its possession that was collected under the challenged provisions, and
    • The ISP and any law enforcement agency must destroy all information collected from those endorsement affidavits that they possess.
  • The destruction obligation is triggered only upon a final judicial invalidation of the specified statutory provisions.

Who is affected

  • Illinois State Police (primary duty bearer).
  • Local and state law‑enforcement agencies that maintain endorsement affidavit records.
  • Individuals who submitted endorsement affidavits (their submitted personal information would be subject to destruction).
  • Prosecutors, courts, and investigators who might rely on retained records for historical or investigative purposes.

Procedural / timeline aspects

  • Trigger: final court determination of unconstitutionality (i.e., after appeals are exhausted or appeal deadlines lapse).
  • Action required: immediate and permanent destruction once trigger occurs.
  • Statutory location: amends 720 ILCS 5/24‑1.9 (Criminal Code of 2012).

Potential impacts and considerations

  • Privacy: protects petitioners’ personal data by removing records if the underlying law is invalidated.
  • Law‑enforcement & public safety: destruction may eliminate documentary evidence that could be relevant to ongoing or future investigations, audits, or civil‑litigation claims.
  • Records‑retention conflicts: could conflict with other statutory or administrative record‑retention requirements (e.g., evidence preservation obligations); agencies may need procedures to reconcile competing duties.
  • Administrative burden: agencies must implement secure destruction protocols and document compliance.
  • Legal clarity: the bill’s applicability is narrowly tied to a final judicial invalidation of specific weapon statutes.

If you want, I can:
- Produce a short memo comparing this provision to record‑destruction rules in other states, or
- Draft a checklist for law‑enforcement agencies to implement the destruction requirement while minimizing legal risk.

Compiled from official sources — confirm details with the bill’s official record.

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