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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||||||||||||||||||
5 | Sections 2-19.5, 10-5, 11-9.3, 24-1, 24-1.2, and 24-3 and by | |||||||||||||||||||||||||||||||||||||||
6 | adding Section 2-19.6 as follows:
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7 | (720 ILCS 5/2-19.5)
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8 | Sec. 2-19.5.
"School" means an active and operational a | |||||||||||||||||||||||||||||||||||||||
9 | public, private, or parochial elementary or
secondary school, | |||||||||||||||||||||||||||||||||||||||
10 | community college, college, or university and includes the
| |||||||||||||||||||||||||||||||||||||||
11 | grounds of a school , if the offense is committed when school is | |||||||||||||||||||||||||||||||||||||||
12 | in session, children are present, or when school related | |||||||||||||||||||||||||||||||||||||||
13 | activity occurs .
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14 | (Source: P.A. 91-360, eff. 7-29-99.)
| |||||||||||||||||||||||||||||||||||||||
15 | (720 ILCS 5/2-19.6 new) | |||||||||||||||||||||||||||||||||||||||
16 | Sec. 2-19.6. School related activity. "School related | |||||||||||||||||||||||||||||||||||||||
17 | activity" means any sporting, social, academic, or other
| |||||||||||||||||||||||||||||||||||||||
18 | activity for which students' attendance or participation is | |||||||||||||||||||||||||||||||||||||||
19 | sponsored,
organized, or funded in whole or in part by a school | |||||||||||||||||||||||||||||||||||||||
20 | or school district.
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21 | (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
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| |||||||
1 | Sec. 10-5. Child abduction.
| ||||||
2 | (a) For purposes of this Section, the following terms have
| ||||||
3 | the following meanings:
| ||||||
4 | (1) "Child" means a person who, at the time the alleged | ||||||
5 | violation occurred, was under the age of 18 or
was a person | ||||||
6 | with a severe or profound intellectual disability.
| ||||||
7 | (2) "Detains" means taking or retaining physical | ||||||
8 | custody of a child,
whether or not the child resists or | ||||||
9 | objects.
| ||||||
10 | (2.1) "Express consent" means oral or written | ||||||
11 | permission that is positive, direct, and unequivocal, | ||||||
12 | requiring no inference or implication to supply its | ||||||
13 | meaning. | ||||||
14 | (2.2) "Luring" means any knowing act to solicit, | ||||||
15 | entice, tempt, or attempt to attract the minor. | ||||||
16 | (3) "Lawful custodian" means a person or persons | ||||||
17 | granted legal custody
of a child or entitled to physical | ||||||
18 | possession of a child pursuant to a
court order. It is | ||||||
19 | presumed that, when the parties have never been
married to | ||||||
20 | each other, the mother has legal custody of the child | ||||||
21 | unless a
valid court order states otherwise. If an | ||||||
22 | adjudication of paternity has
been completed and the father | ||||||
23 | has been assigned support obligations or
visitation | ||||||
24 | rights, such a paternity order should, for the purposes of | ||||||
25 | this
Section, be considered a valid court order granting | ||||||
26 | custody to the mother.
|
| |||||||
| |||||||
1 | (4) "Putative father" means a man who has a reasonable | ||||||
2 | belief that he is the father of a child born of a woman who | ||||||
3 | is not his wife. | ||||||
4 | (5) "Unlawful purpose" means any misdemeanor or felony | ||||||
5 | violation of State law or a similar federal or sister state | ||||||
6 | law or local ordinance. | ||||||
7 | (b) A person commits the offense of child abduction when he | ||||||
8 | or she does any one of the following:
| ||||||
9 | (1) Intentionally violates any terms of a valid court | ||||||
10 | order granting
sole or joint custody, care, or possession | ||||||
11 | to another by concealing or
detaining the child or removing | ||||||
12 | the child from the jurisdiction of the
court.
| ||||||
13 | (2) Intentionally violates a court order prohibiting | ||||||
14 | the person from
concealing or detaining the child or | ||||||
15 | removing the child
from the jurisdiction of the court.
| ||||||
16 | (3) Intentionally conceals, detains, or removes the | ||||||
17 | child without the
consent of the mother or lawful custodian | ||||||
18 | of the child if the person is a
putative father and either: | ||||||
19 | (A) the paternity of the child has not been
legally | ||||||
20 | established or (B) the paternity of the child has been | ||||||
21 | legally
established but no orders relating to custody have | ||||||
22 | been entered. Notwithstanding the presumption created by | ||||||
23 | paragraph (3) of subsection (a),
however, a mother commits | ||||||
24 | child abduction when she intentionally conceals or removes
| ||||||
25 | a child, whom she has abandoned or relinquished custody of, | ||||||
26 | from an
unadjudicated father who has provided sole ongoing |
| |||||||
| |||||||
1 | care and custody of the
child in her absence.
| ||||||
2 | (4) Intentionally conceals or removes the child from a | ||||||
3 | parent after
filing a petition or being served with process | ||||||
4 | in an action affecting
marriage or paternity but prior to | ||||||
5 | the issuance of a temporary or final
order determining | ||||||
6 | custody.
| ||||||
7 | (5) At the expiration of visitation rights outside the | ||||||
8 | State,
intentionally fails or refuses to return or impedes | ||||||
9 | the return of the child
to the lawful custodian in | ||||||
10 | Illinois.
| ||||||
11 | (6) Being a parent of the child, and if the parents of | ||||||
12 | that child
are or have been married and there has been no | ||||||
13 | court order of custody,
knowingly conceals the child for 15 | ||||||
14 | days, and fails to make reasonable attempts
within the | ||||||
15 | 15-day period to notify the other parent as to the specific
| ||||||
16 | whereabouts of the child, including a means by which to | ||||||
17 | contact the child,
or to arrange reasonable visitation or | ||||||
18 | contact with the child. It is not a
violation of this | ||||||
19 | Section for a person fleeing domestic violence to take
the | ||||||
20 | child with him or her to housing provided by a domestic | ||||||
21 | violence program.
| ||||||
22 | (7) Being a parent of the child, and if the parents of | ||||||
23 | the child
are or have been married and there has been no | ||||||
24 | court order of
custody, knowingly conceals, detains, or | ||||||
25 | removes the child with physical force or
threat of physical | ||||||
26 | force.
|
| |||||||
| |||||||
1 | (8) Knowingly conceals, detains, or removes the child | ||||||
2 | for payment or promise of
payment at the instruction of a | ||||||
3 | person who has no legal right to custody.
| ||||||
4 | (9) Knowingly retains in this State for 30 days a child | ||||||
5 | removed from another state
without the consent of the | ||||||
6 | lawful custodian or in violation of a valid
court order of | ||||||
7 | custody.
| ||||||
8 | (10) Intentionally lures or attempts to lure a child: | ||||||
9 | (A) under the age of 17 or (B) while traveling to or from a | ||||||
10 | primary or secondary school
into a motor vehicle, building, | ||||||
11 | housetrailer, or dwelling place without the
consent of the | ||||||
12 | child's parent or lawful custodian for other than a lawful | ||||||
13 | purpose. For the purposes of this item (10), the trier of | ||||||
14 | fact may infer that luring
or attempted luring of a child | ||||||
15 | under the age of 17 into a motor vehicle,
building, | ||||||
16 | housetrailer, or dwelling place without the express | ||||||
17 | consent of the child's parent
or lawful custodian or with | ||||||
18 | the intent to avoid the express consent of the child's | ||||||
19 | parent or lawful custodian was for other
than a lawful | ||||||
20 | purpose.
| ||||||
21 | (11) With the intent to obstruct or prevent efforts to | ||||||
22 | locate the child victim of a child abduction, knowingly | ||||||
23 | destroys, alters, conceals, or disguises physical evidence | ||||||
24 | or furnishes false information. | ||||||
25 | (c) It is an affirmative defense to subsections (b)(1) | ||||||
26 | through (b)(10) of this Section that:
|
| |||||||
| |||||||
1 | (1) the person had custody of the child pursuant to a | ||||||
2 | court order
granting legal custody or visitation rights | ||||||
3 | that existed at the time of
the alleged violation;
| ||||||
4 | (2) the person had physical custody of the child | ||||||
5 | pursuant to a court
order granting legal custody or | ||||||
6 | visitation rights and failed to return the
child as a | ||||||
7 | result of circumstances beyond his or her control, and the
| ||||||
8 | person notified and disclosed to the other parent or legal | ||||||
9 | custodian the
specific whereabouts of the child and a means | ||||||
10 | by which the child could be
contacted or made a reasonable | ||||||
11 | attempt to notify the other parent or lawful
custodian of | ||||||
12 | the child of those circumstances and made the disclosure
| ||||||
13 | within 24 hours after the visitation period had expired and | ||||||
14 | returned the
child as soon as possible;
| ||||||
15 | (3) the person was fleeing an incidence or pattern of | ||||||
16 | domestic violence; or
| ||||||
17 | (4) the person lured or attempted to lure a child under | ||||||
18 | the age of 17
into a motor vehicle, building, housetrailer, | ||||||
19 | or dwelling place for a
lawful purpose in prosecutions | ||||||
20 | under paragraph (10) of subsection (b).
| ||||||
21 | (d) A person convicted of child abduction under this | ||||||
22 | Section is guilty of
a Class 4 felony. A person convicted of | ||||||
23 | child abduction under subsection (b)(10) shall undergo a sex | ||||||
24 | offender evaluation prior to a sentence being imposed. A person | ||||||
25 | convicted of a second or subsequent violation of
paragraph (10) | ||||||
26 | of subsection (b) of this Section is guilty of a Class 3
|
| |||||||
| |||||||
1 | felony. A person convicted of child abduction under subsection | ||||||
2 | (b)(10) when the person has a prior conviction of a sex offense | ||||||
3 | as defined in the Sex Offender Registration Act or any | ||||||
4 | substantially similar federal, Uniform Code of Military | ||||||
5 | Justice, sister state, or foreign government offense is guilty | ||||||
6 | of a Class 2 felony. It is a factor in aggravation under | ||||||
7 | subsections (b)(1) through (b)(10) of this Section for which a | ||||||
8 | court
may impose a more severe sentence under Section 5-8-1 | ||||||
9 | (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified | ||||||
10 | Code
of Corrections if, upon sentencing, the court finds | ||||||
11 | evidence of any of the
following aggravating factors:
| ||||||
12 | (1) that the defendant abused or neglected the child | ||||||
13 | following the
concealment, detention, or removal of the | ||||||
14 | child;
| ||||||
15 | (2) that the defendant inflicted or threatened to | ||||||
16 | inflict physical harm
on a parent or lawful custodian of | ||||||
17 | the child or on the child with intent to
cause that parent | ||||||
18 | or lawful custodian to discontinue criminal prosecution
of | ||||||
19 | the defendant under this Section;
| ||||||
20 | (3) that the defendant demanded payment in exchange for | ||||||
21 | return of the
child or demanded that he or she be relieved | ||||||
22 | of the financial or legal
obligation to support the child | ||||||
23 | in exchange for return of the child;
| ||||||
24 | (4) that the defendant has previously been convicted of | ||||||
25 | child abduction;
| ||||||
26 | (5) that the defendant committed the abduction while |
| |||||||
| |||||||
1 | armed with a deadly
weapon or the taking of the child | ||||||
2 | resulted in serious bodily injury to
another; or
| ||||||
3 | (6) that the defendant committed the abduction while in | ||||||
4 | a school ,
regardless of the time of day or time of year ; in | ||||||
5 | a playground; on any
conveyance owned,
leased, or | ||||||
6 | contracted by a school to transport students to or from | ||||||
7 | school or a
school related activity; on the real property | ||||||
8 | of a school;
or on a
public way within 1,000 feet of the | ||||||
9 | real property comprising any school or
playground. For | ||||||
10 | purposes of this paragraph (6), "playground" means a piece
| ||||||
11 | of land owned or controlled by a unit of local government | ||||||
12 | that is designated by
the unit of local government for use | ||||||
13 | solely or primarily for children's
recreation ;
and | ||||||
14 | "school" means a public or private
elementary or secondary | ||||||
15 | school, community college, college, or university .
| ||||||
16 | (e) The court may order the child to be returned to the | ||||||
17 | parent or lawful
custodian from whom the child was concealed, | ||||||
18 | detained, or removed. In
addition to any sentence imposed, the | ||||||
19 | court may assess any reasonable
expense incurred in searching | ||||||
20 | for or returning the child against any
person convicted of | ||||||
21 | violating this Section.
| ||||||
22 | (f) Nothing contained in this Section shall be construed to | ||||||
23 | limit the
court's contempt power.
| ||||||
24 | (g) Every law enforcement officer investigating an alleged | ||||||
25 | incident of
child abduction shall make a written police report | ||||||
26 | of any bona fide
allegation and the disposition of that |
| |||||||
| |||||||
1 | investigation. Every police report
completed pursuant to this | ||||||
2 | Section shall be compiled and recorded within
the meaning of | ||||||
3 | Section 5.1 of the Criminal Identification Act.
| ||||||
4 | (h) Whenever a law enforcement officer has reasons to | ||||||
5 | believe a child
abduction has occurred, she or he shall provide | ||||||
6 | the lawful custodian a summary of
her or his rights under this | ||||||
7 | Code, including the procedures and relief
available to her or | ||||||
8 | him.
| ||||||
9 | (i) If during the course of an investigation under this
| ||||||
10 | Section the child is found in the physical custody of the | ||||||
11 | defendant or
another, the law enforcement officer shall return | ||||||
12 | the child to the parent
or lawful custodian from whom the child | ||||||
13 | was concealed, detained, or removed,
unless there is good cause | ||||||
14 | for the law enforcement officer or the
Department of Children | ||||||
15 | and Family Services to retain temporary protective
custody of | ||||||
16 | the child pursuant to the Abused and Neglected Child Reporting
| ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
19 | (720 ILCS 5/11-9.3)
| ||||||
20 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
21 | offenders prohibited; approaching, contacting, residing with, | ||||||
22 | or communicating with a child within certain places by child | ||||||
23 | sex offenders prohibited.
| ||||||
24 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
25 | present in any
school building, on real property comprising any |
| |||||||
| |||||||
1 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
2 | school to transport students to or from
school or a school | ||||||
3 | related activity when persons under the age of 18 are
present | ||||||
4 | in the building, on the grounds or in
the conveyance, unless | ||||||
5 | the offender is a parent or guardian of a student attending the | ||||||
6 | school and the parent or guardian is: (i) attending a | ||||||
7 | conference at the school with school personnel to discuss the | ||||||
8 | progress of his or her child academically or socially, (ii) | ||||||
9 | participating in child review conferences in which evaluation | ||||||
10 | and placement decisions may be made with respect to his or her | ||||||
11 | child regarding special education services, or (iii) attending | ||||||
12 | conferences to discuss other student issues concerning his or | ||||||
13 | her child such as retention and promotion and notifies the | ||||||
14 | principal of the school of his or her presence at the school or | ||||||
15 | unless the
offender has permission to be present from the
| ||||||
16 | superintendent or the school board or in the case of a private | ||||||
17 | school from the
principal. In the case of a public school, if | ||||||
18 | permission is granted, the
superintendent or school board | ||||||
19 | president must inform the principal of the
school where the sex | ||||||
20 | offender will be present. Notification includes the
nature of | ||||||
21 | the sex offender's visit and the hours in which the sex | ||||||
22 | offender will
be present in the school. The sex offender is | ||||||
23 | responsible for notifying the
principal's office when he or she | ||||||
24 | arrives on school property and when he or she
departs from | ||||||
25 | school property. If the sex offender is to be present in the
| ||||||
26 | vicinity of children, the sex offender has the duty to remain |
| |||||||
| |||||||
1 | under the direct
supervision of a school official.
| ||||||
2 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
3 | be present within 100 feet of a site posted as a pick-up or | ||||||
4 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
5 | a school to transport students to or from school or a school | ||||||
6 | related activity when one or more persons under the age of 18 | ||||||
7 | are present at the site.
| ||||||
8 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
9 | be present in any
public park building, a playground or | ||||||
10 | recreation area within any publicly accessible privately owned | ||||||
11 | building, or on real property comprising any public park
when | ||||||
12 | persons under the age of
18 are
present in the building or on | ||||||
13 | the grounds
and to approach, contact, or communicate with a | ||||||
14 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
15 | guardian of a person under 18 years of age present in the
| ||||||
16 | building or on the
grounds. | ||||||
17 | (b) It is unlawful for a child sex offender to knowingly | ||||||
18 | loiter within 500 feet of a school building or real property | ||||||
19 | comprising any school
while persons under the age of 18 are | ||||||
20 | present in the building or on the
grounds,
unless the offender | ||||||
21 | is a parent or guardian of a student attending the school and | ||||||
22 | the parent or guardian is: (i) attending a conference at the | ||||||
23 | school with school personnel to discuss the progress of his or | ||||||
24 | her child academically or socially, (ii) participating in child | ||||||
25 | review conferences in which evaluation and placement decisions | ||||||
26 | may be made with respect to his or her child regarding special |
| |||||||
| |||||||
1 | education services, or (iii) attending conferences to discuss | ||||||
2 | other student issues concerning his or her child such as | ||||||
3 | retention and promotion and notifies the principal of the | ||||||
4 | school of his or her presence at the school or has permission | ||||||
5 | to be present from the
superintendent or the school board or in | ||||||
6 | the case of a private school from the
principal. In the case of | ||||||
7 | a public school, if permission is granted, the
superintendent | ||||||
8 | or school board president must inform the principal of the
| ||||||
9 | school where the sex offender will be present. Notification | ||||||
10 | includes the
nature of the sex offender's visit and the hours | ||||||
11 | in which the sex offender will
be present in the school. The | ||||||
12 | sex offender is responsible for notifying the
principal's | ||||||
13 | office when he or she arrives on school property and when he or | ||||||
14 | she
departs from school property. If the sex offender is to be | ||||||
15 | present in the
vicinity of children, the sex offender has the | ||||||
16 | duty to remain under the direct
supervision of a school | ||||||
17 | official.
| ||||||
18 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
19 | loiter on a public
way within 500 feet of a public park | ||||||
20 | building or real property comprising any
public park while | ||||||
21 | persons under the age of 18 are present in the building or on | ||||||
22 | the
grounds
and to approach, contact, or communicate with a | ||||||
23 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
24 | guardian of a person under 18 years of age present in the
| ||||||
25 | building or on the grounds. | ||||||
26 | (b-5) It is unlawful for a child sex offender to knowingly |
| |||||||
| |||||||
1 | reside within
500 feet of a school building or the real | ||||||
2 | property comprising any school that
persons under the age of 18 | ||||||
3 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
4 | offender from residing within 500 feet of a school building or | ||||||
5 | the
real property comprising any school that persons under 18 | ||||||
6 | attend if the
property is owned by the child sex offender and | ||||||
7 | was purchased before July 7, 2000 (the
effective date of Public | ||||||
8 | Act 91-911).
| ||||||
9 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
10 | reside within
500 feet of a playground, child care institution, | ||||||
11 | day care center, part day child care facility, day care home, | ||||||
12 | group day care home, or a facility providing programs or | ||||||
13 | services
exclusively directed toward persons under 18 years of | ||||||
14 | age. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
15 | offender from residing within 500 feet
of a playground or a | ||||||
16 | facility providing programs or services exclusively
directed | ||||||
17 | toward persons under 18 years of age if the property is owned | ||||||
18 | by the
child sex offender and was purchased before July 7, | ||||||
19 | 2000. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
20 | offender from residing within 500 feet
of a child care | ||||||
21 | institution, day care center, or part day child care facility | ||||||
22 | if the property is owned by the
child sex offender and was | ||||||
23 | purchased before June 26, 2006. Nothing in this subsection | ||||||
24 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
25 | feet of a day care home or group day care home if the property | ||||||
26 | is owned by the child sex offender and was purchased before |
| |||||||
| |||||||
1 | August 14, 2008 (the effective date of Public Act 95-821). | ||||||
2 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
3 | reside within
500 feet of the victim of the sex offense. | ||||||
4 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
5 | offender from residing within 500 feet
of the victim if the | ||||||
6 | property in which the child sex offender resides is owned by | ||||||
7 | the
child sex offender and was purchased before August 22, | ||||||
8 | 2002. | ||||||
9 | This subsection (b-15) does not apply if the victim of the | ||||||
10 | sex offense
is 21 years of age or older. | ||||||
11 | (b-20) It is unlawful for a child sex offender to knowingly | ||||||
12 | communicate, other than for a lawful purpose under Illinois | ||||||
13 | law, using the Internet or any other digital media, with a | ||||||
14 | person under 18 years of age or with a person whom he or she | ||||||
15 | believes to be a person under 18 years of age,
unless the | ||||||
16 | offender
is a parent or guardian of the person under 18 years | ||||||
17 | of age. | ||||||
18 | (c) It is unlawful for a child sex offender to knowingly | ||||||
19 | operate, manage,
be employed by, volunteer at, be associated | ||||||
20 | with, or knowingly be present at
any: (i) facility providing
| ||||||
21 | programs or services exclusively directed toward persons under | ||||||
22 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
23 | facility; (iv) child care institution; (v) school providing | ||||||
24 | before and after school programs for children under 18 years of | ||||||
25 | age; (vi) day care home; or (vii) group day care home.
This | ||||||
26 | does not prohibit a child sex offender from owning the real |
| |||||||
| |||||||
1 | property upon
which the programs or services are offered or | ||||||
2 | upon which the day care center, part day child care facility, | ||||||
3 | child care institution, or school providing before and after | ||||||
4 | school programs for children under 18 years of age is located, | ||||||
5 | provided the child sex offender
refrains from being present on | ||||||
6 | the premises for the hours during which: (1) the
programs or | ||||||
7 | services are being offered or (2) the day care center, part day | ||||||
8 | child care facility, child care institution, or school | ||||||
9 | providing before and after school programs for children under | ||||||
10 | 18 years of age, day care home, or group day care home is | ||||||
11 | operated. | ||||||
12 | (c-2) It is unlawful for a child sex offender to | ||||||
13 | participate in a holiday event involving children under 18 | ||||||
14 | years of age, including but not limited to distributing candy | ||||||
15 | or other items to children on Halloween, wearing a Santa Claus | ||||||
16 | costume on or preceding Christmas, being employed as a | ||||||
17 | department store Santa Claus, or wearing an Easter Bunny | ||||||
18 | costume on or preceding Easter. For the purposes of this | ||||||
19 | subsection, child sex offender has the meaning as defined in | ||||||
20 | this Section, but does not include as a sex offense under | ||||||
21 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
22 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
23 | subsection does not apply to a child sex offender who is a | ||||||
24 | parent or guardian of children under 18 years of age that are | ||||||
25 | present in the home and other non-familial minors are not | ||||||
26 | present. |
| |||||||
| |||||||
1 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, manage, be employed by, or be associated with any | ||||||
3 | county fair when persons under the age of 18 are present. | ||||||
4 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
5 | resides at residential real estate to knowingly rent any | ||||||
6 | residential unit within the same building in which he or she | ||||||
7 | resides to a person who is the parent or guardian of a child or | ||||||
8 | children under 18 years of age. This subsection shall apply | ||||||
9 | only to leases or other rental arrangements entered into after | ||||||
10 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
11 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
12 | offer or provide any programs or services to persons under 18 | ||||||
13 | years of age in his or her residence or the residence of | ||||||
14 | another or in any facility for the purpose of offering or | ||||||
15 | providing such programs or services, whether such programs or | ||||||
16 | services are offered or provided by contract, agreement, | ||||||
17 | arrangement, or on a volunteer basis. | ||||||
18 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
19 | operate, whether authorized to do so or not, any of the | ||||||
20 | following vehicles: (1) a vehicle which is specifically | ||||||
21 | designed, constructed or modified and equipped to be used for | ||||||
22 | the retail sale of food or beverages, including but not limited | ||||||
23 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
24 | (3) a rescue vehicle. | ||||||
25 | (d) Definitions. In this Section:
| ||||||
26 | (1) "Child sex offender" means any person who:
|
| |||||||
| |||||||
1 | (i) has been charged under Illinois law, or any | ||||||
2 | substantially similar
federal law
or law of another | ||||||
3 | state, with a sex offense set forth in
paragraph (2) of | ||||||
4 | this subsection (d) or the attempt to commit an | ||||||
5 | included sex
offense, and the victim is a person under | ||||||
6 | 18 years of age at the time of the offense; and:
| ||||||
7 | (A) is convicted of such offense or an attempt | ||||||
8 | to commit such offense;
or
| ||||||
9 | (B) is found not guilty by reason of insanity | ||||||
10 | of such offense or an
attempt to commit such | ||||||
11 | offense; or
| ||||||
12 | (C) is found not guilty by reason of insanity | ||||||
13 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
14 | Code of Criminal Procedure of 1963 of such offense
| ||||||
15 | or an attempt to commit such offense; or
| ||||||
16 | (D) is the subject of a finding not resulting | ||||||
17 | in an acquittal at a
hearing conducted pursuant to | ||||||
18 | subsection (a) of Section 104-25 of the Code of
| ||||||
19 | Criminal Procedure of 1963 for the alleged | ||||||
20 | commission or attempted commission
of such | ||||||
21 | offense; or
| ||||||
22 | (E) is found not guilty by reason of insanity | ||||||
23 | following a hearing
conducted pursuant to a | ||||||
24 | federal law or the law of another state | ||||||
25 | substantially
similar to subsection (c) of Section | ||||||
26 | 104-25 of the Code of Criminal Procedure
of 1963 of |
| |||||||
| |||||||
1 | such offense or of the attempted commission of such | ||||||
2 | offense; or
| ||||||
3 | (F) is the subject of a finding not resulting | ||||||
4 | in an acquittal at a
hearing
conducted pursuant to | ||||||
5 | a federal law or the law of another state | ||||||
6 | substantially
similar to subsection (a) of Section | ||||||
7 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
8 | for the alleged violation or attempted commission | ||||||
9 | of such offense; or
| ||||||
10 | (ii) is certified as a sexually dangerous person | ||||||
11 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
12 | Act, or any substantially similar federal
law or the | ||||||
13 | law of another state, when any conduct giving rise to | ||||||
14 | such
certification is committed or attempted against a | ||||||
15 | person less than 18 years of
age; or
| ||||||
16 | (iii) is subject to the provisions of Section 2 of | ||||||
17 | the Interstate
Agreements on Sexually Dangerous | ||||||
18 | Persons Act.
| ||||||
19 | Convictions that result from or are connected with the | ||||||
20 | same act, or result
from offenses committed at the same | ||||||
21 | time, shall be counted for the purpose of
this Section as | ||||||
22 | one conviction. Any conviction set aside pursuant to law is
| ||||||
23 | not a conviction for purposes of this Section.
| ||||||
24 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
25 | "sex offense"
means:
| ||||||
26 | (i) A violation of any of the following Sections of |
| |||||||
| |||||||
1 | the Criminal Code of
1961 or the Criminal Code of 2012: | ||||||
2 | 10-4 (forcible detention), 10-7 (aiding or abetting | ||||||
3 | child abduction under Section 10-5(b)(10)),
| ||||||
4 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
5 | criminal sexual assault of a child), 11-6 (indecent | ||||||
6 | solicitation of a child), 11-6.5
(indecent | ||||||
7 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
8 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
9 | 11-9.5 (sexual misconduct with a person with a | ||||||
10 | disability), 11-11 (sexual relations within families), | ||||||
11 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
12 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
13 | prostitution by profiting from prostitution by | ||||||
14 | compelling a person to be a prostitute), | ||||||
15 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
16 | from prostitution by means other than as described in | ||||||
17 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
18 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
19 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
20 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
21 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
22 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
23 | to meet a minor), 12-33 (ritualized abuse of a
child), | ||||||
24 | 11-20 (obscenity) (when that offense was committed in | ||||||
25 | any school, on
real property comprising any school, in | ||||||
26 | any conveyance owned,
leased, or contracted by a school |
| |||||||
| |||||||
1 | to transport students to or from school or a
school | ||||||
2 | related activity, or in a public park), 11-30 (public | ||||||
3 | indecency) (when committed in a school, on real | ||||||
4 | property
comprising a school, in any conveyance owned, | ||||||
5 | leased, or contracted by a
school to transport students | ||||||
6 | to or from school or a school related activity, or in a | ||||||
7 | public park). An attempt to commit any of these | ||||||
8 | offenses.
| ||||||
9 | (ii) A violation of any of the following Sections | ||||||
10 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
11 | 2012, when the victim is a person under 18 years of | ||||||
12 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
13 | (aggravated criminal sexual assault), 11-1.50 | ||||||
14 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
15 | sexual abuse). An attempt to commit
any of these | ||||||
16 | offenses.
| ||||||
17 | (iii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
19 | 2012, when the victim is a person under 18 years of age | ||||||
20 | and the defendant is
not a parent of the victim:
| ||||||
21 | 10-1 (kidnapping),
| ||||||
22 | 10-2 (aggravated kidnapping),
| ||||||
23 | 10-3 (unlawful restraint),
| ||||||
24 | 10-3.1 (aggravated unlawful restraint),
| ||||||
25 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
26 | An attempt to commit any of these offenses.
|
| |||||||
| |||||||
1 | (iv) A violation of any former law of this State | ||||||
2 | substantially
equivalent to any offense listed in | ||||||
3 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
4 | Section.
| ||||||
5 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
6 | only, a sex offense means:
| ||||||
7 | (i) A violation of any of the following Sections of | ||||||
8 | the Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
9 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
10 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
11 | 11-1.40 (predatory criminal sexual assault of a | ||||||
12 | child), 11-6 (indecent solicitation of
a
child), | ||||||
13 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
14 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
15 | misconduct with a person with a disability), 11-11 | ||||||
16 | (sexual relations within families), 11-14.3(a)(1) | ||||||
17 | (promoting prostitution by advancing prostitution), | ||||||
18 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
19 | from prostitution by compelling a person to be a | ||||||
20 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
21 | by profiting from prostitution by means other than as | ||||||
22 | described in subparagraphs (A) and (B) of paragraph (2) | ||||||
23 | of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
24 | (promoting juvenile prostitution), 11-18.1
| ||||||
25 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
26 | pornography), 11-20.1B (aggravated child pornography), |
| |||||||
| |||||||
1 | 11-25 (grooming), 11-26 (traveling to meet a minor), or | ||||||
2 | 12-33 (ritualized abuse of a
child). An attempt
to | ||||||
3 | commit any of
these offenses.
| ||||||
4 | (ii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
6 | 2012, when the victim is a person under 18 years of | ||||||
7 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
8 | (aggravated criminal sexual assault), 11-1.60
| ||||||
9 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
10 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
11 | to commit
any of these offenses.
| ||||||
12 | (iii) A violation of any of the following Sections | ||||||
13 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
14 | 2012, when the victim is a person under 18 years of age | ||||||
15 | and the defendant is
not a parent of the victim:
| ||||||
16 | 10-1 (kidnapping),
| ||||||
17 | 10-2 (aggravated kidnapping),
| ||||||
18 | 10-3 (unlawful restraint),
| ||||||
19 | 10-3.1 (aggravated unlawful restraint),
| ||||||
20 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
21 | An attempt to commit any of these offenses.
| ||||||
22 | (iv) A violation of any former law of this State | ||||||
23 | substantially
equivalent to any offense listed in this | ||||||
24 | paragraph (2.5) of
this subsection.
| ||||||
25 | (3) A conviction for an offense of federal law or the | ||||||
26 | law of another state
that is substantially equivalent to |
| |||||||
| |||||||
1 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
2 | this Section shall constitute a conviction for the purpose | ||||||
3 | of
this Section. A finding or adjudication as a sexually | ||||||
4 | dangerous person under
any federal law or law of another | ||||||
5 | state that is substantially equivalent to the
Sexually | ||||||
6 | Dangerous Persons Act shall constitute an adjudication for | ||||||
7 | the
purposes of this Section.
| ||||||
8 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
9 | and "vehicle" have the meanings ascribed to them in | ||||||
10 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
11 | Illinois Vehicle Code. | ||||||
12 | (5) "Child care institution" has the meaning ascribed | ||||||
13 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
14 | (6) "Day care center" has the meaning ascribed to it in | ||||||
15 | Section 2.09 of the Child Care Act of 1969. | ||||||
16 | (7) "Day care home" has the meaning ascribed to it in | ||||||
17 | Section 2.18 of the Child Care Act of 1969. | ||||||
18 | (8) "Facility providing programs or services directed | ||||||
19 | towards persons under the age of 18" means any facility | ||||||
20 | providing programs or services exclusively directed | ||||||
21 | towards persons under the age of 18. | ||||||
22 | (9) "Group day care home" has the meaning ascribed to | ||||||
23 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
24 | (10) "Internet" has the meaning set forth in Section | ||||||
25 | 16-0.1 of this Code.
| ||||||
26 | (11) "Loiter" means:
|
| |||||||
| |||||||
1 | (i) Standing, sitting idly, whether or not the | ||||||
2 | person is in a vehicle, or
remaining in or around | ||||||
3 | school or public park property.
| ||||||
4 | (ii) Standing, sitting idly, whether or not the | ||||||
5 | person is in a vehicle,
or remaining in or around | ||||||
6 | school or public park property, for the purpose of | ||||||
7 | committing or
attempting to commit a sex offense.
| ||||||
8 | (iii) Entering or remaining in a building in or | ||||||
9 | around school property, other than the offender's | ||||||
10 | residence. | ||||||
11 | (12) "Part day child care facility" has the meaning | ||||||
12 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
13 | 1969. | ||||||
14 | (13) "Playground" means a piece of land owned or | ||||||
15 | controlled by a unit
of
local government that is designated | ||||||
16 | by the unit of local government for use
solely or primarily | ||||||
17 | for children's recreation. | ||||||
18 | (14) "Public park" includes a park, forest preserve, | ||||||
19 | bikeway, trail, or
conservation
area
under the | ||||||
20 | jurisdiction of the State or a unit of local government. | ||||||
21 | (15) "School" includes a means a public or private | ||||||
22 | preschool or elementary or secondary school .
| ||||||
23 | (16) "School official"
means the principal, a teacher, | ||||||
24 | or any other certified employee of the
school, the | ||||||
25 | superintendent of schools or a member of the school board.
| ||||||
26 | (e) For the purposes of this Section, the 500 feet distance |
| |||||||
| |||||||
1 | shall be measured from: (1) the edge of the property of the | ||||||
2 | school building or the real property comprising the school that | ||||||
3 | is closest to the edge of the property of the child sex | ||||||
4 | offender's residence or where he or she is loitering, and (2) | ||||||
5 | the edge of the property comprising the public park building or | ||||||
6 | the real property comprising the public park, playground, child | ||||||
7 | care institution, day care center, part day child care | ||||||
8 | facility, or facility providing programs or services | ||||||
9 | exclusively directed toward persons under 18 years of age, or a | ||||||
10 | victim of the sex offense who is under 21 years of age, to the | ||||||
11 | edge of the child sex offender's place of residence or place | ||||||
12 | where he or she is loitering.
| ||||||
13 | (f) Sentence. A person who violates this Section is guilty | ||||||
14 | of a Class 4
felony.
| ||||||
15 | (Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | ||||||
16 | 97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
| ||||||
17 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
18 | Sec. 24-1. Unlawful use of weapons.
| ||||||
19 | (a) A person commits the offense of unlawful use of weapons | ||||||
20 | when
he knowingly:
| ||||||
21 | (1) Sells, manufactures, purchases, possesses or | ||||||
22 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
23 | sand-bag, metal knuckles or other knuckle weapon | ||||||
24 | regardless of its composition, throwing star,
or any knife, | ||||||
25 | commonly referred to as a switchblade knife, which has a
|
| |||||||
| |||||||
1 | blade that opens automatically by hand pressure applied to | ||||||
2 | a button,
spring or other device in the handle of the | ||||||
3 | knife, or a ballistic knife,
which is a device that propels | ||||||
4 | a knifelike blade as a projectile by means
of a coil | ||||||
5 | spring, elastic material or compressed gas; or
| ||||||
6 | (2) Carries or possesses with intent to use the same | ||||||
7 | unlawfully
against another, a dagger, dirk, billy, | ||||||
8 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
9 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
10 | deadly weapon or instrument of like character; or
| ||||||
11 | (3) Carries on or about his person or in any vehicle, a | ||||||
12 | tear gas gun
projector or bomb or any object containing | ||||||
13 | noxious liquid gas or
substance, other than an object | ||||||
14 | containing a non-lethal noxious liquid gas
or substance | ||||||
15 | designed solely for personal defense carried by a person 18
| ||||||
16 | years of age or older; or
| ||||||
17 | (4) Carries or possesses in any vehicle or concealed on | ||||||
18 | or about his
person except when on his land or in his own | ||||||
19 | abode, legal dwelling, or fixed place of
business, or on | ||||||
20 | the land or in the legal dwelling of another person as an | ||||||
21 | invitee with that person's permission, any pistol, | ||||||
22 | revolver, stun gun or taser or other firearm, except
that
| ||||||
23 | this subsection (a) (4) does not apply to or affect | ||||||
24 | transportation of weapons
that meet one of the following | ||||||
25 | conditions:
| ||||||
26 | (i) are broken down in a non-functioning state; or
|
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or
| ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who has been issued a currently
valid Firearm | ||||||
5 | Owner's
Identification Card; or | ||||||
6 | (iv) are carried or possessed in accordance with | ||||||
7 | the Firearm Concealed Carry Act by a person who has | ||||||
8 | been issued a currently valid license under the Firearm | ||||||
9 | Concealed Carry Act; or
| ||||||
10 | (5) Sets a spring gun; or
| ||||||
11 | (6) Possesses any device or attachment of any kind | ||||||
12 | designed, used or
intended for use in silencing the report | ||||||
13 | of any firearm; or
| ||||||
14 | (7) Sells, manufactures, purchases, possesses or | ||||||
15 | carries:
| ||||||
16 | (i) a machine gun, which shall be defined for the | ||||||
17 | purposes of this
subsection as any weapon,
which | ||||||
18 | shoots, is designed to shoot, or can be readily | ||||||
19 | restored to shoot,
automatically more than one shot | ||||||
20 | without manually reloading by a single
function of the | ||||||
21 | trigger, including the frame or receiver
of any such | ||||||
22 | weapon, or sells, manufactures, purchases, possesses, | ||||||
23 | or
carries any combination of parts designed or | ||||||
24 | intended for
use in converting any weapon into a | ||||||
25 | machine gun, or any combination or
parts from which a | ||||||
26 | machine gun can be assembled if such parts are in the
|
| |||||||
| |||||||
1 | possession or under the control of a person;
| ||||||
2 | (ii) any rifle having one or
more barrels less than | ||||||
3 | 16 inches in length or a shotgun having one or more
| ||||||
4 | barrels less than 18 inches in length or any weapon | ||||||
5 | made from a rifle or
shotgun, whether by alteration, | ||||||
6 | modification, or otherwise, if such a weapon
as | ||||||
7 | modified has an overall length of less than 26 inches; | ||||||
8 | or
| ||||||
9 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
10 | other container containing an
explosive substance of | ||||||
11 | over one-quarter ounce for like purposes, such
as, but | ||||||
12 | not limited to, black powder bombs and Molotov | ||||||
13 | cocktails or
artillery projectiles; or
| ||||||
14 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
15 | or other
deadly weapon in any place which is licensed to | ||||||
16 | sell intoxicating
beverages, or at any public gathering | ||||||
17 | held pursuant to a license issued
by any governmental body | ||||||
18 | or any public gathering at which an admission
is charged, | ||||||
19 | excluding a place where a showing, demonstration or lecture
| ||||||
20 | involving the exhibition of unloaded firearms is | ||||||
21 | conducted.
| ||||||
22 | This subsection (a)(8) does not apply to any auction or | ||||||
23 | raffle of a firearm
held pursuant to
a license or permit | ||||||
24 | issued by a governmental body, nor does it apply to persons
| ||||||
25 | engaged
in firearm safety training courses; or
| ||||||
26 | (9) Carries or possesses in a vehicle or on or about |
| |||||||
| |||||||
1 | his person any
pistol, revolver, stun gun or taser or | ||||||
2 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
3 | masked in such manner as to conceal his identity; or
| ||||||
4 | (10) Carries or possesses on or about his person, upon | ||||||
5 | any public street,
alley, or other public lands within the | ||||||
6 | corporate limits of a city, village
or incorporated town, | ||||||
7 | except when an invitee thereon or therein, for the
purpose | ||||||
8 | of the display of such weapon or the lawful commerce in | ||||||
9 | weapons, or
except when on his land or in his own abode, | ||||||
10 | legal dwelling, or fixed place of business, or on the land | ||||||
11 | or in the legal dwelling of another person as an invitee | ||||||
12 | with that person's permission, any
pistol, revolver, stun | ||||||
13 | gun or taser or other firearm, except that this
subsection | ||||||
14 | (a) (10) does not apply to or affect transportation of | ||||||
15 | weapons that
meet one of the following conditions:
| ||||||
16 | (i) are broken down in a non-functioning state; or
| ||||||
17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been issued a currently
valid Firearm | ||||||
21 | Owner's
Identification Card; or
| ||||||
22 | (iv) are carried or possessed in accordance with | ||||||
23 | the Firearm Concealed Carry Act by a person who has | ||||||
24 | been issued a currently valid license under the Firearm | ||||||
25 | Concealed Carry Act. | ||||||
26 | A "stun gun or taser", as used in this paragraph (a) |
| |||||||
| |||||||
1 | means (i) any device
which is powered by electrical | ||||||
2 | charging units, such as, batteries, and
which fires one or | ||||||
3 | several barbs attached to a length of wire and
which, upon | ||||||
4 | hitting a human, can send out a current capable of | ||||||
5 | disrupting
the person's nervous system in such a manner as | ||||||
6 | to render him incapable of
normal functioning or (ii) any | ||||||
7 | device which is powered by electrical
charging units, such | ||||||
8 | as batteries, and which, upon contact with a human or
| ||||||
9 | clothing worn by a human, can send out current capable of | ||||||
10 | disrupting
the person's nervous system in such a manner as | ||||||
11 | to render him incapable
of normal functioning; or
| ||||||
12 | (11) Sells, manufactures or purchases any explosive | ||||||
13 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
14 | bullet" means the projectile portion of
an ammunition | ||||||
15 | cartridge which contains or carries an explosive charge | ||||||
16 | which
will explode upon contact with the flesh of a human | ||||||
17 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
18 | a projectile affixed at the
front thereof and a cap or | ||||||
19 | primer at the rear end thereof, with the
propellant | ||||||
20 | contained in such tube between the projectile and the cap; | ||||||
21 | or
| ||||||
22 | (12) (Blank); or
| ||||||
23 | (13) Carries or possesses on or about his or her person | ||||||
24 | while in a building occupied by a unit of government, a | ||||||
25 | billy club, other weapon of like character, or other | ||||||
26 | instrument of like character intended for use as a weapon. |
| |||||||
| |||||||
1 | For the purposes of this Section, "billy club" means a | ||||||
2 | short stick or club commonly carried by police officers | ||||||
3 | which is either telescopic or constructed of a solid piece | ||||||
4 | of wood or other man-made material. | ||||||
5 | (b) Sentence. A person convicted of a violation of | ||||||
6 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
7 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
8 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
9 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
10 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
11 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
12 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
13 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
14 | of not less than 3 years and not more than 7 years, unless the | ||||||
15 | weapon is possessed in the
passenger compartment of a motor | ||||||
16 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
17 | Code, or on the person, while the weapon is loaded, in which
| ||||||
18 | case it shall be a Class X felony. A person convicted of a
| ||||||
19 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
20 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
21 | felony. The possession of each weapon in violation of this | ||||||
22 | Section constitutes a single and separate violation.
| ||||||
23 | (c) Violations in specific places.
| ||||||
24 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
25 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
26 | the time of year, in residential
property owned, operated |
| |||||||
| |||||||
1 | or managed by a public housing agency or
leased by
a public | ||||||
2 | housing agency as part of a scattered site or mixed-income
| ||||||
3 | development, in a
public park, in a courthouse, on the real | ||||||
4 | property comprising any school,
regardless of the
time of | ||||||
5 | day or the time of year, on residential property owned, | ||||||
6 | operated
or
managed by a public housing agency
or leased by | ||||||
7 | a public housing agency as part of a scattered site or
| ||||||
8 | mixed-income development,
on the real property comprising | ||||||
9 | any
public park, on the real property comprising any | ||||||
10 | courthouse, in any conveyance
owned, leased or contracted | ||||||
11 | by a school to
transport students to or from school or a | ||||||
12 | school related activity, in any conveyance
owned, leased, | ||||||
13 | or contracted by a public transportation agency, or on any
| ||||||
14 | public way within 1,000 feet of the real property | ||||||
15 | comprising any school,
public park, courthouse, public | ||||||
16 | transportation facility, or residential property owned, | ||||||
17 | operated, or managed
by a public housing agency
or leased | ||||||
18 | by a public housing agency as part of a scattered site or
| ||||||
19 | mixed-income development
commits a Class 2 felony and shall | ||||||
20 | be sentenced to a term of imprisonment of not less than 3 | ||||||
21 | years and not more than 7 years.
| ||||||
22 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
23 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
24 | time of day or the time of year,
in residential property | ||||||
25 | owned, operated, or managed by a public
housing
agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development,
in
a public
park, in a | ||||||
2 | courthouse, on the real property comprising any school, | ||||||
3 | regardless
of the time of day or the time of year, on | ||||||
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,
on | ||||||
7 | the real property
comprising any public park, on the real | ||||||
8 | property comprising any courthouse, in
any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, in | ||||||
11 | any conveyance
owned, leased, or contracted by a public | ||||||
12 | transportation agency, or on any public way within
1,000 | ||||||
13 | feet of the real property comprising any school, public | ||||||
14 | park, courthouse,
public transportation facility, or | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development
| ||||||
18 | commits a Class 3 felony.
| ||||||
19 | (2) A person who violates subsection 24-1(a)(1), | ||||||
20 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
21 | time of day or the time of year, in
residential property | ||||||
22 | owned, operated or managed by a public housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public park, in a | ||||||
25 | courthouse, on the real property comprising any school,
| ||||||
26 | regardless of the time of day or the time of year, on |
| |||||||
| |||||||
1 | residential property
owned, operated or managed by a public | ||||||
2 | housing agency
or leased by a public housing agency as part | ||||||
3 | of a scattered site or
mixed-income development,
on the | ||||||
4 | real property
comprising any public park, on the real | ||||||
5 | property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, in | ||||||
8 | any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered
site or mixed-income development | ||||||
15 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
16 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
17 | this State for the conduct of official business.
| ||||||
18 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
19 | (c) shall not
apply to law
enforcement officers or security | ||||||
20 | officers of such school, college, or
university or to | ||||||
21 | students carrying or possessing firearms for use in | ||||||
22 | training
courses, parades, hunting, target shooting on | ||||||
23 | school ranges, or otherwise with
the consent of school | ||||||
24 | authorities and which firearms are transported unloaded
| ||||||
25 | enclosed in a suitable case, box, or transportation | ||||||
26 | package.
|
| |||||||
| |||||||
1 | (4) (Blank). For the purposes of this subsection (c), | ||||||
2 | "school" means any public or
private elementary or | ||||||
3 | secondary school, community college, college, or
| ||||||
4 | university.
| ||||||
5 | (5) For the purposes of this subsection (c), "public | ||||||
6 | transportation agency" means a public or private agency | ||||||
7 | that provides for the transportation or conveyance of
| ||||||
8 | persons by means available to the general public, except | ||||||
9 | for transportation
by automobiles not used for conveyance | ||||||
10 | of the general public as passengers; and "public | ||||||
11 | transportation facility" means a terminal or other place
| ||||||
12 | where one may obtain public transportation.
| ||||||
13 | (d) The presence in an automobile other than a public | ||||||
14 | omnibus of any
weapon, instrument or substance referred to in | ||||||
15 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
16 | possession of, and is being
carried by, all persons occupying | ||||||
17 | such automobile at the time such
weapon, instrument or | ||||||
18 | substance is found, except under the following
circumstances: | ||||||
19 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
20 | the person of one of the occupants therein; or (ii) if such
| ||||||
21 | weapon, instrument or substance is found in an automobile | ||||||
22 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
23 | and proper pursuit of
his trade, then such presumption shall | ||||||
24 | not apply to the driver.
| ||||||
25 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
26 | Underwater
Spearguns are exempted from the definition of |
| |||||||
| |||||||
1 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
2 | of this Section.
| ||||||
3 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
4 | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| ||||||
5 | Sec. 24-1.2. Aggravated discharge of a firearm. | ||||||
6 | (a) A person commits aggravated discharge of a firearm when | ||||||
7 | he or she
knowingly or
intentionally:
| ||||||
8 | (1) Discharges a firearm at or into a building he or | ||||||
9 | she knows or
reasonably
should know to be
occupied and the | ||||||
10 | firearm is discharged from a place or position outside
that | ||||||
11 | building;
| ||||||
12 | (2) Discharges a firearm in the direction of another | ||||||
13 | person or in the
direction of a vehicle he or she knows or | ||||||
14 | reasonably should know to be
occupied by a person;
| ||||||
15 | (3) Discharges a firearm in the direction of a person | ||||||
16 | he or she knows
to be
a peace officer, a community policing | ||||||
17 | volunteer, a
correctional institution employee, or a | ||||||
18 | fireman while the officer,
volunteer,
employee or fireman | ||||||
19 | is engaged in the execution of any of his or her
official
| ||||||
20 | duties, or to prevent the officer, volunteer, employee or | ||||||
21 | fireman from
performing his or her
official duties, or in | ||||||
22 | retaliation for the officer, volunteer, employee or
| ||||||
23 | fireman
performing his or her official duties;
| ||||||
24 | (4) Discharges a firearm in the direction of a vehicle | ||||||
25 | he or she knows
to be
occupied by a peace officer, a person |
| |||||||
| |||||||
1 | summoned or directed by a peace
officer, a correctional | ||||||
2 | institution employee or a fireman while the
officer, | ||||||
3 | employee or fireman is engaged in the execution of any of | ||||||
4 | his or
her
official duties, or to prevent the officer, | ||||||
5 | employee or fireman from
performing his or her official | ||||||
6 | duties, or in retaliation for the officer,
employee or | ||||||
7 | fireman performing his or her official duties;
| ||||||
8 | (5) Discharges a firearm in the direction of a person | ||||||
9 | he or she knows
to be
emergency medical services personnel | ||||||
10 | who is engaged in the execution of any of his or her | ||||||
11 | official duties,
or to
prevent the
emergency medical | ||||||
12 | services personnel from performing his or her official | ||||||
13 | duties, or in
retaliation
for the
emergency medical | ||||||
14 | services personnel performing his or her official duties;
| ||||||
15 | (6) Discharges a firearm in the direction of a vehicle | ||||||
16 | he or she knows
to
be occupied by emergency medical | ||||||
17 | services personnel while the
emergency medical services | ||||||
18 | personnel is engaged in the execution of any of his or her
| ||||||
19 | official
duties, or to prevent the
emergency medical | ||||||
20 | services personnel from performing his or her official
| ||||||
21 | duties, or
in retaliation for the
emergency medical | ||||||
22 | services personnel performing his or her official duties;
| ||||||
23 | (7) Discharges a firearm in the direction of a person | ||||||
24 | he or she knows to
be a teacher or other person employed in | ||||||
25 | any school and the teacher or other
employee is upon the | ||||||
26 | grounds of a school or grounds adjacent to a school, or is
|
| |||||||
| |||||||
1 | in any part of a building used for school purposes;
| ||||||
2 | (8) Discharges a firearm in the direction of a person | ||||||
3 | he or she knows to
be an emergency management worker while | ||||||
4 | the emergency management worker is
engaged in the execution | ||||||
5 | of any of his or her official duties, or to prevent
the | ||||||
6 | emergency management worker from performing his or her | ||||||
7 | official duties, or
in retaliation for the emergency | ||||||
8 | management worker performing his or her
official duties; or
| ||||||
9 | (9) Discharges a firearm in the direction of a vehicle | ||||||
10 | he or she knows to
be occupied by an emergency management | ||||||
11 | worker while the emergency management
worker is engaged in | ||||||
12 | the execution of any of his or her official duties, or to
| ||||||
13 | prevent the emergency management worker from performing | ||||||
14 | his or her official
duties, or in retaliation for the | ||||||
15 | emergency management worker performing his or
her official | ||||||
16 | duties.
| ||||||
17 | (b) A violation of subsection (a)(1) or subsection (a)(2) | ||||||
18 | of this
Section is a Class 1 felony.
A violation of
subsection | ||||||
19 | (a)(1) or (a)(2)
of this Section committed in a school, on the | ||||||
20 | real property comprising a
school,
within 1,000 feet of the | ||||||
21 | real property comprising a school, at a school related
activity | ||||||
22 | or on or within 1,000 feet of any conveyance owned, leased, or
| ||||||
23 | contracted by a school to transport students to or from school | ||||||
24 | or a school
related activity , regardless of the time of day or | ||||||
25 | time of year that the
offense was committed is a Class X | ||||||
26 | felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), |
| |||||||
| |||||||
1 | (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X | ||||||
2 | felony for which the
sentence shall be a term of imprisonment | ||||||
3 | of no less than 10 years and not more
than 45 years.
| ||||||
4 | (c) For purposes of this Section:
| ||||||
5 | "Emergency medical services personnel" has the meaning | ||||||
6 | specified in Section 3.5 of the Emergency Medical Services | ||||||
7 | (EMS) Systems Act and shall include all ambulance crew members, | ||||||
8 | including drivers or pilots. | ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or other
activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or in | ||||||
14 | part by a school or school district.
| ||||||
15 | (Source: P.A. 99-816, eff. 8-15-16.)
| ||||||
16 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
17 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
18 | (A) A person commits the offense of unlawful sale or | ||||||
19 | delivery of firearms when he
or she knowingly does any of the | ||||||
20 | following:
| ||||||
21 | (a) Sells or gives any firearm of a size which may be | ||||||
22 | concealed upon the
person to any person under 18 years of | ||||||
23 | age.
| ||||||
24 | (b) Sells or gives any firearm to a person under 21 | ||||||
25 | years of age who has
been convicted of a misdemeanor other |
| |||||||
| |||||||
1 | than a traffic offense or adjudged
delinquent.
| ||||||
2 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
3 | (d) Sells or gives any firearm to any person who has | ||||||
4 | been convicted of a
felony under the laws of this or any | ||||||
5 | other jurisdiction.
| ||||||
6 | (e) Sells or gives any firearm to any person who has | ||||||
7 | been a patient in a
mental institution within the past 5 | ||||||
8 | years. In this subsection (e): | ||||||
9 | "Mental institution" means any hospital, | ||||||
10 | institution, clinic, evaluation facility, mental | ||||||
11 | health center, or part thereof, which is used primarily | ||||||
12 | for the care or treatment of persons with mental | ||||||
13 | illness. | ||||||
14 | "Patient in a mental institution" means the person | ||||||
15 | was admitted, either voluntarily or involuntarily, to | ||||||
16 | a mental institution for mental health treatment, | ||||||
17 | unless the treatment was voluntary and solely for an | ||||||
18 | alcohol abuse disorder and no other secondary | ||||||
19 | substance abuse disorder or mental illness.
| ||||||
20 | (f) Sells or gives any firearms to any person who is a | ||||||
21 | person with an intellectual disability.
| ||||||
22 | (g) Delivers any firearm of a size which may be | ||||||
23 | concealed upon the
person, incidental to a sale, without | ||||||
24 | withholding delivery of such firearm
for at least 72 hours | ||||||
25 | after application for its purchase has been made, or
| ||||||
26 | delivers any rifle, shotgun or other long gun, or a stun |
| |||||||
| |||||||
1 | gun or taser, incidental to a sale,
without withholding | ||||||
2 | delivery of such rifle, shotgun or other long gun, or a | ||||||
3 | stun gun or taser for
at least 24 hours after application | ||||||
4 | for its purchase has been made.
However,
this paragraph (g) | ||||||
5 | does not apply to: (1) the sale of a firearm
to a law | ||||||
6 | enforcement officer if the seller of the firearm knows that | ||||||
7 | the person to whom he or she is selling the firearm is a | ||||||
8 | law enforcement officer or the sale of a firearm to a | ||||||
9 | person who desires to purchase a firearm for
use in | ||||||
10 | promoting the public interest incident to his or her | ||||||
11 | employment as a
bank guard, armed truck guard, or other | ||||||
12 | similar employment; (2) a mail
order sale of a firearm from | ||||||
13 | a federally licensed firearms dealer to a nonresident of | ||||||
14 | Illinois under which the firearm
is mailed to a federally | ||||||
15 | licensed firearms dealer outside the boundaries of | ||||||
16 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
17 | Illinois while at a firearm showing or display
recognized | ||||||
18 | by the Illinois Department of State Police; (4) the sale of | ||||||
19 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
20 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
21 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
22 | shotgun, or other long gun to a resident registered | ||||||
23 | competitor or attendee or non-resident registered | ||||||
24 | competitor or attendee by any dealer licensed as a federal | ||||||
25 | firearms dealer under Section 923 of the federal Gun | ||||||
26 | Control Act of 1968 at competitive shooting events held at |
| |||||||
| |||||||
1 | the World Shooting Complex sanctioned by a national | ||||||
2 | governing body. For purposes of transfers or sales under | ||||||
3 | subparagraph (5) of this paragraph (g), the Department of | ||||||
4 | Natural Resources shall give notice to the Department of | ||||||
5 | State Police at least 30 calendar days prior to any | ||||||
6 | competitive shooting events at the World Shooting Complex | ||||||
7 | sanctioned by a national governing body. The notification | ||||||
8 | shall be made on a form prescribed by the Department of | ||||||
9 | State Police. The sanctioning body shall provide a list of | ||||||
10 | all registered competitors and attendees at least 24 hours | ||||||
11 | before the events to the Department of State Police. Any | ||||||
12 | changes to the list of registered competitors and attendees | ||||||
13 | shall be forwarded to the Department of State Police as | ||||||
14 | soon as practicable. The Department of State Police must | ||||||
15 | destroy the list of registered competitors and attendees no | ||||||
16 | later than 30 days after the date of the event. Nothing in | ||||||
17 | this paragraph (g) relieves a federally licensed firearm | ||||||
18 | dealer from the requirements of conducting a NICS | ||||||
19 | background check through the Illinois Point of Contact | ||||||
20 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
21 | "application" means when the buyer and seller reach an | ||||||
22 | agreement to purchase a firearm.
For purposes of this | ||||||
23 | paragraph (g), "national governing body" means a group of | ||||||
24 | persons who adopt rules and formulate policy on behalf of a | ||||||
25 | national firearm sporting organization.
| ||||||
26 | (h) While holding any license
as a dealer,
importer, |
| |||||||
| |||||||
1 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
2 | Act of 1968,
manufactures, sells or delivers to any | ||||||
3 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
4 | or receiver which is a die casting of zinc alloy or
any | ||||||
5 | other nonhomogeneous metal which will melt or deform at a | ||||||
6 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
7 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
8 | the Firearm Owners Identification Card Act; and (2)
| ||||||
9 | "handgun" is defined as a firearm designed to be held
and | ||||||
10 | fired by the use of a single hand, and includes a | ||||||
11 | combination of parts from
which such a firearm can be | ||||||
12 | assembled.
| ||||||
13 | (i) Sells or gives a firearm of any size to any person | ||||||
14 | under 18 years of
age who does not possess a valid Firearm | ||||||
15 | Owner's Identification Card.
| ||||||
16 | (j) Sells or gives a firearm while engaged in the | ||||||
17 | business of selling
firearms at wholesale or retail without | ||||||
18 | being licensed as a federal firearms
dealer under Section | ||||||
19 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
20 | In this paragraph (j):
| ||||||
21 | A person "engaged in the business" means a person who | ||||||
22 | devotes time,
attention, and
labor to
engaging in the | ||||||
23 | activity as a regular course of trade or business with the
| ||||||
24 | principal objective of livelihood and profit, but does not | ||||||
25 | include a person who
makes occasional repairs of firearms | ||||||
26 | or who occasionally fits special barrels,
stocks, or |
| |||||||
| |||||||
1 | trigger mechanisms to firearms.
| ||||||
2 | "With the principal objective of livelihood and | ||||||
3 | profit" means that the
intent
underlying the sale or | ||||||
4 | disposition of firearms is predominantly one of
obtaining | ||||||
5 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
6 | such as
improving or liquidating a personal firearms | ||||||
7 | collection; however, proof of
profit shall not be required | ||||||
8 | as to a person who engages in the regular and
repetitive | ||||||
9 | purchase and disposition of firearms for criminal purposes | ||||||
10 | or
terrorism.
| ||||||
11 | (k) Sells or transfers ownership of a firearm to a | ||||||
12 | person who does not display to the seller or transferor of | ||||||
13 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
14 | Identification Card that has previously been issued in the | ||||||
15 | transferee's name by the Department of State Police under | ||||||
16 | the provisions of the Firearm Owners Identification Card | ||||||
17 | Act; or (2) a currently valid license to carry a concealed | ||||||
18 | firearm that has previously been issued in the transferee's | ||||||
19 | name by the
Department of State Police under the Firearm | ||||||
20 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
21 | the transfer of a firearm to a person who is exempt from | ||||||
22 | the requirement of possessing a Firearm Owner's | ||||||
23 | Identification Card under Section 2 of the Firearm Owners | ||||||
24 | Identification Card Act. For the purposes of this Section, | ||||||
25 | a currently valid Firearm Owner's Identification Card | ||||||
26 | means (i) a Firearm Owner's Identification Card that has |
| |||||||
| |||||||
1 | not expired or (ii) an approval number issued in accordance | ||||||
2 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
3 | the Firearm Owners Identification Card Act shall be proof | ||||||
4 | that the Firearm Owner's Identification Card was valid. | ||||||
5 | (1) In addition to the other requirements of this | ||||||
6 | paragraph (k), all persons who are not federally | ||||||
7 | licensed firearms dealers must also have complied with | ||||||
8 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
9 | Identification Card Act by determining the validity of | ||||||
10 | a purchaser's Firearm Owner's Identification Card. | ||||||
11 | (2) All sellers or transferors who have complied | ||||||
12 | with the requirements of subparagraph (1) of this | ||||||
13 | paragraph (k) shall not be liable for damages in any | ||||||
14 | civil action arising from the use or misuse by the | ||||||
15 | transferee of the firearm transferred, except for | ||||||
16 | willful or wanton misconduct on the part of the seller | ||||||
17 | or transferor. | ||||||
18 | (l) Not
being entitled to the possession of a firearm, | ||||||
19 | delivers the
firearm, knowing it to have been stolen or | ||||||
20 | converted. It may be inferred that
a person who possesses a | ||||||
21 | firearm with knowledge that its serial number has
been | ||||||
22 | removed or altered has knowledge that the firearm is stolen | ||||||
23 | or converted. | ||||||
24 | (B) Paragraph (h) of subsection (A) does not include | ||||||
25 | firearms sold within 6
months after enactment of Public
Act | ||||||
26 | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| |||||||
| |||||||
1 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
2 | purchased by any citizen within 6 months after the
enactment of | ||||||
3 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
4 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
5 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
6 | if that firearm was legally held or acquired within 6 months | ||||||
7 | after
the enactment of that Public Act.
| ||||||
8 | (C) Sentence.
| ||||||
9 | (1) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
11 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
12 | (2) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (b) or (i) of | ||||||
14 | subsection (A) commits a Class 3 felony.
| ||||||
15 | (3) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
17 | commits a Class 2 felony.
| ||||||
18 | (4) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
20 | subsection (A) in any school, on the real
property | ||||||
21 | comprising a school, within 1,000 feet of the real property | ||||||
22 | comprising
a school, at a school related activity, or on or | ||||||
23 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
24 | contracted by a school or school district to
transport | ||||||
25 | students to or from school or a school related activity ,
| ||||||
26 | regardless of the time of day or time of year at which the |
| |||||||
| |||||||
1 | offense
was committed, commits a Class 1 felony. Any person | ||||||
2 | convicted of a second
or subsequent violation of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
4 | (b), or (i) of subsection (A) in any school, on the real | ||||||
5 | property
comprising a school, within 1,000 feet of the real | ||||||
6 | property comprising a
school, at a school related activity, | ||||||
7 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
8 | or contracted by a school or school district to
transport | ||||||
9 | students to or from school or a school related activity ,
| ||||||
10 | regardless of the time of day or time of year at which the | ||||||
11 | offense
was committed, commits a Class 1 felony for which | ||||||
12 | the sentence shall be a
term of imprisonment of no less | ||||||
13 | than 5 years and no more than 15 years.
| ||||||
14 | (5) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (a) or (i) of | ||||||
16 | subsection (A) in residential property owned,
operated, or | ||||||
17 | managed by a public housing agency or leased by a public | ||||||
18 | housing
agency as part of a scattered site or mixed-income | ||||||
19 | development, in a public
park, in a
courthouse, on | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered site
or mixed-income development, on | ||||||
23 | the real property comprising any public park,
on the real
| ||||||
24 | property comprising any courthouse, or on any public way | ||||||
25 | within 1,000 feet
of the real property comprising any | ||||||
26 | public park, courthouse, or residential
property owned, |
| |||||||
| |||||||
1 | operated, or managed by a public housing agency or leased | ||||||
2 | by a
public housing agency as part of a scattered site or | ||||||
3 | mixed-income development
commits a
Class 2 felony.
| ||||||
4 | (6) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
6 | commits a Class A misdemeanor. A second or
subsequent | ||||||
7 | violation is a Class 4 felony. | ||||||
8 | (7) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
10 | commits a Class 4 felony, except that a violation of | ||||||
11 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
12 | not be punishable as a crime or petty offense. A third or | ||||||
13 | subsequent conviction for a violation of paragraph (k) of | ||||||
14 | subsection (A) is a Class 1 felony.
| ||||||
15 | (8) A person 18 years of age or older convicted of | ||||||
16 | unlawful sale or delivery of firearms in violation of | ||||||
17 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
18 | that was sold or given to another person under 18 years of | ||||||
19 | age was used in the commission of or attempt to commit a | ||||||
20 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
21 | to exceed the maximum provided for the most serious | ||||||
22 | forcible felony so committed or attempted by the person | ||||||
23 | under 18 years of age who was sold or given the firearm. | ||||||
24 | (9) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
26 | commits a Class 3 felony. |
| |||||||
| |||||||
1 | (10) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
3 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
4 | Any person convicted of unlawful sale or delivery of | ||||||
5 | firearms in violation of paragraph (l) of subsection (A) | ||||||
6 | commits a Class 1 felony if the delivery is of not less | ||||||
7 | than 2 and not more than 5 firearms at the
same time or | ||||||
8 | within a one year period. Any person convicted of unlawful | ||||||
9 | sale or delivery of firearms in violation of paragraph (l) | ||||||
10 | of subsection (A) commits a Class X felony for which he or | ||||||
11 | she shall be sentenced
to a term of imprisonment of not | ||||||
12 | less than 6 years and not more than 30
years if the | ||||||
13 | delivery is of not less than 6 and not more than 10 | ||||||
14 | firearms at the
same time or within a 2 year period. Any | ||||||
15 | person convicted of unlawful sale or delivery of firearms | ||||||
16 | in violation of paragraph (l) of subsection (A) commits a | ||||||
17 | Class X felony for which he or she shall be sentenced
to a | ||||||
18 | term of imprisonment of not less than 6 years and not more | ||||||
19 | than 40
years if the delivery is of not less than 11 and | ||||||
20 | not more than 20 firearms at the
same time or within a 3 | ||||||
21 | year period. Any person convicted of unlawful sale or | ||||||
22 | delivery of firearms in violation of paragraph (l) of | ||||||
23 | subsection (A) commits a Class X felony for which he or she | ||||||
24 | shall be sentenced
to a term of imprisonment of not less | ||||||
25 | than 6 years and not more than 50
years if the delivery is | ||||||
26 | of not less than 21 and not more than 30 firearms at the
|
| |||||||
| |||||||
1 | same time or within a 4 year period. Any person convicted | ||||||
2 | of unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
4 | for which he or she shall be sentenced
to a term of | ||||||
5 | imprisonment of not less than 6 years and not more than 60
| ||||||
6 | years if the delivery is of 31 or more firearms at the
same | ||||||
7 | time or within a 5 year period. | ||||||
8 | (D) For purposes of this Section:
| ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or
other activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or in | ||||||
14 | part by a school or school district.
| ||||||
15 | (E) A prosecution for a violation of paragraph (k) of | ||||||
16 | subsection (A) of this Section may be commenced within 6 years | ||||||
17 | after the commission of the offense. A prosecution for a | ||||||
18 | violation of this Section other than paragraph (g) of | ||||||
19 | subsection (A) of this Section may be commenced within 5 years | ||||||
20 | after the commission of the offense defined in the particular | ||||||
21 | paragraph.
| ||||||
22 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
23 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
24 | Section 10. The Cannabis Control Act is amended by | ||||||
25 | changing Section 5.2 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||
2 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
3 | (a) Any person who violates subsection (e) of Section 5 in | ||||||
4 | any school,
on the real property comprising any school, or any | ||||||
5 | conveyance owned, leased
or contracted by a school to transport | ||||||
6 | students to or from school or a
school related activity, or on | ||||||
7 | any public way within
1,000 feet of the real property | ||||||
8 | comprising any school, or any conveyance
owned, leased or | ||||||
9 | contracted by a school to transport students to or from
school | ||||||
10 | or a school related activity, is guilty of a Class
1 felony, | ||||||
11 | the fine for which shall not exceed $200,000;
| ||||||
12 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
13 | any school,
on the real property comprising any school, or any | ||||||
14 | conveyance owned, leased
or contracted by a school to transport | ||||||
15 | students to or from school or a
school related activity, or on | ||||||
16 | any public way within 1,000 feet of the real
property | ||||||
17 | comprising any school, or any conveyance owned, leased or
| ||||||
18 | contracted by a school to transport students to or from school | ||||||
19 | or a school
related activity, is guilty of a Class 2 felony, | ||||||
20 | the fine for which shall
not exceed $100,000;
| ||||||
21 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
22 | any school,
on the real property comprising any school, or any | ||||||
23 | conveyance owned, leased
or contracted by a school to transport | ||||||
24 | students to or from school or a
school related activity, or on | ||||||
25 | any public way within 1,000 feet of the real
property |
| |||||||
| |||||||
1 | comprising any school, or any conveyance owned, leased or
| ||||||
2 | contracted by a school to transport students to or from school | ||||||
3 | or a school
related activity, is guilty of a Class 3 felony, | ||||||
4 | the fine for which shall
not exceed $50,000;
| ||||||
5 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
6 | any school,
on the real property comprising any school, or any | ||||||
7 | conveyance owned, leased
or contracted by a school to transport | ||||||
8 | students to or from school or a
school related activity, or on | ||||||
9 | any public way within 1,000 feet of the real
property | ||||||
10 | comprising any school, or any conveyance owned, leased or
| ||||||
11 | contracted by a school to transport students to or from school | ||||||
12 | or a school
related activity, is guilty of a Class 4 felony, | ||||||
13 | the fine for which shall
not exceed $25,000;
| ||||||
14 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
15 | any school,
on the real property comprising any school, or any | ||||||
16 | conveyance owned, leased
or contracted by a school to transport | ||||||
17 | students to or from school or a
school related activity, on any | ||||||
18 | public way within 1,000 feet of the real
property comprising | ||||||
19 | any school, or any conveyance owned, leased or
contracted by a | ||||||
20 | school to transport students to or from school or a school
| ||||||
21 | related activity, is guilty of a Class A misdemeanor.
| ||||||
22 | (f) As used in this Section, "school" means an active and | ||||||
23 | operational public, private, or parochial elementary or | ||||||
24 | secondary school, community college, college, or university | ||||||
25 | and includes the grounds of an active and operational school, | ||||||
26 | if the offense is committed when school is in session, children |
| |||||||
| |||||||
1 | are present, or when school related activity occurs; and | ||||||
2 | "school related activity" means any sporting, social, | ||||||
3 | academic, or other
activity for which students' attendance or | ||||||
4 | participation is sponsored,
organized, or funded in whole or in | ||||||
5 | part by a school or school district. | ||||||
6 | (Source: P.A. 87-544.)
| ||||||
7 | Section 15. The Illinois Controlled Substances Act is | ||||||
8 | amended by changing Section 407 as follows:
| ||||||
9 | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||||||
10 | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||||||
11 | violates any
subsection of Section 401 or subsection (b) of | ||||||
12 | Section 404 by delivering a
controlled, counterfeit or | ||||||
13 | look-alike substance to a person under 18 years
of age may be | ||||||
14 | sentenced to imprisonment for a term up to twice the maximum
| ||||||
15 | term and fined an amount up to twice that amount otherwise | ||||||
16 | authorized by
the pertinent subsection of Section 401 and | ||||||
17 | Subsection (b) of Section 404.
| ||||||
18 | (B) (Blank).
| ||||||
19 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
20 | any person
who violates:
| ||||||
21 | (A) subsection (c) of Section 401 by delivering or | ||||||
22 | possessing with
intent to deliver a controlled, | ||||||
23 | counterfeit, or look-alike substance in or
on, or within | ||||||
24 | 1,000 feet of, a truck stop or safety rest area, is guilty |
| |||||||
| |||||||
1 | of
a Class 1 felony, the fine for which shall not exceed | ||||||
2 | $250,000;
| ||||||
3 | (B) subsection (d) of Section 401 by delivering or | ||||||
4 | possessing with
intent to deliver a controlled, | ||||||
5 | counterfeit, or look-alike substance in or
on, or within | ||||||
6 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
7 | of
a Class 2 felony, the fine for which shall not exceed | ||||||
8 | $200,000;
| ||||||
9 | (C) subsection (e) of Section 401 or subsection (b) of | ||||||
10 | Section 404
by delivering or possessing with intent to | ||||||
11 | deliver a controlled,
counterfeit, or look-alike substance | ||||||
12 | in or on, or within 1,000 feet of, a
truck stop or safety | ||||||
13 | rest area, is guilty of a Class 3 felony, the fine for
| ||||||
14 | which shall not exceed $150,000;
| ||||||
15 | (D) subsection (f) of Section 401 by delivering or | ||||||
16 | possessing with
intent to deliver a controlled, | ||||||
17 | counterfeit, or look-alike substance in or
on, or within | ||||||
18 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
19 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
20 | $125,000;
| ||||||
21 | (E) subsection (g) of Section 401 by delivering or | ||||||
22 | possessing with
intent to deliver a controlled, | ||||||
23 | counterfeit, or look-alike substance in or
on, or within | ||||||
24 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
25 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
26 | $100,000;
|
| |||||||
| |||||||
1 | (F) subsection (h) of Section 401 by delivering or | ||||||
2 | possessing with
intent to deliver a controlled, | ||||||
3 | counterfeit, or look-alike substance in or
on, or within | ||||||
4 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
5 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
6 | $75,000;
| ||||||
7 | (3) Any person who violates paragraph (2) of this | ||||||
8 | subsection (a) by
delivering or possessing with intent to | ||||||
9 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
10 | or on, or within 1,000 feet of a truck stop or a
safety rest | ||||||
11 | area, following a prior conviction or convictions of paragraph
| ||||||
12 | (2) of this subsection (a) may be sentenced to a term of | ||||||
13 | imprisonment up to
2 times the maximum term and fined an amount | ||||||
14 | up to 2 times the amount
otherwise authorized by Section 401.
| ||||||
15 | (4) For the purposes of this subsection (a):
| ||||||
16 | (A) "Safety rest area" means a roadside facility | ||||||
17 | removed from the
roadway with parking and facilities | ||||||
18 | designed for motorists' rest, comfort,
and information | ||||||
19 | needs; and
| ||||||
20 | (B) "Truck stop" means any facility (and its parking | ||||||
21 | areas) used to
provide fuel or service, or both, to any | ||||||
22 | commercial motor vehicle as
defined in Section 18b-101 of | ||||||
23 | the Illinois Vehicle Code.
| ||||||
24 | (b) Any person who violates:
| ||||||
25 | (1) subsection (c) of Section 401 in any school, or any | ||||||
26 | conveyance
owned, leased or contracted by a school to |
| |||||||
| |||||||
1 | transport students to or from
school or a school related | ||||||
2 | activity, or residential property owned, operated or
| ||||||
3 | managed by a public housing agency or leased by a public | ||||||
4 | housing agency as part
of a scattered site or mixed-income | ||||||
5 | development, or public park, on the real
property | ||||||
6 | comprising any school or residential property owned, | ||||||
7 | operated or
managed by a public housing agency or leased by | ||||||
8 | a public housing agency as part
of a scattered site or | ||||||
9 | mixed-income development, or public park or
within 1,000 | ||||||
10 | feet of the real property comprising any school or
| ||||||
11 | residential property owned, operated or managed by a public | ||||||
12 | housing
agency
or leased by a public housing agency as part | ||||||
13 | of a scattered site or
mixed-income development, or public | ||||||
14 | park, on the real property comprising any
church, | ||||||
15 | synagogue, or
other building, structure, or place used | ||||||
16 | primarily for religious worship, or
within 1,000 feet of | ||||||
17 | the real property comprising any church, synagogue, or
| ||||||
18 | other building, structure, or place used primarily for | ||||||
19 | religious worship, on
the real property comprising any of | ||||||
20 | the following places, buildings, or
structures used | ||||||
21 | primarily for housing or providing space for activities for
| ||||||
22 | senior citizens: nursing homes, assisted-living centers, | ||||||
23 | senior citizen housing
complexes, or senior centers | ||||||
24 | oriented toward daytime activities, or within
1,000 feet of | ||||||
25 | the real property comprising any of the following places,
| ||||||
26 | buildings, or structures used primarily for housing or |
| |||||||
| |||||||
1 | providing space for
activities for senior citizens: | ||||||
2 | nursing homes, assisted-living centers, senior
citizen | ||||||
3 | housing complexes, or senior centers oriented toward | ||||||
4 | daytime activities
is guilty of a Class X felony, the fine | ||||||
5 | for which shall not
exceed $500,000;
| ||||||
6 | (2) subsection (d) of Section 401 in any school, or any | ||||||
7 | conveyance
owned, leased or contracted by a school to | ||||||
8 | transport students to or from
school or a school related | ||||||
9 | activity, or residential property owned,
operated or | ||||||
10 | managed by a public housing agency or leased by a public | ||||||
11 | housing
agency as part of a scattered site or mixed-income | ||||||
12 | development, or public park,
on the real property | ||||||
13 | comprising any school or residential property owned,
| ||||||
14 | operated or managed by a public housing agency or leased by | ||||||
15 | a public housing
agency as part of a scattered site or | ||||||
16 | mixed-income development, or public park
or within 1,000 | ||||||
17 | feet of the real property comprising any school or | ||||||
18 | residential
property owned, operated or managed by a public | ||||||
19 | housing agency or leased by a
public housing agency as part | ||||||
20 | of a scattered site or mixed-income development,
or public | ||||||
21 | park, on the real property comprising any church, | ||||||
22 | synagogue, or other
building, structure, or place used | ||||||
23 | primarily for religious worship, or
within 1,000 feet of | ||||||
24 | the real property comprising any church,
synagogue, or | ||||||
25 | other building, structure, or place used primarily for | ||||||
26 | religious
worship, on the real property comprising any of |
| |||||||
| |||||||
1 | the following places,
buildings, or
structures used | ||||||
2 | primarily for housing or providing space for activities for
| ||||||
3 | senior citizens: nursing homes, assisted-living centers, | ||||||
4 | senior citizen housing
complexes, or senior centers | ||||||
5 | oriented toward daytime activities, or within
1,000 feet of | ||||||
6 | the real property comprising any of the following
places, | ||||||
7 | buildings, or structures used primarily for housing or | ||||||
8 | providing space
for activities for senior citizens: | ||||||
9 | nursing homes, assisted-living centers,
senior citizen | ||||||
10 | housing complexes, or senior centers oriented toward | ||||||
11 | daytime
activities is guilty of a Class 1 felony, the fine | ||||||
12 | for which shall not exceed
$250,000;
| ||||||
13 | (3) subsection (e) of Section 401 or Subsection (b) of | ||||||
14 | Section 404 in
any school, or any conveyance owned, leased | ||||||
15 | or contracted by a school to
transport students to or from | ||||||
16 | school or a school related activity, or
residential | ||||||
17 | property owned, operated or managed by a public housing | ||||||
18 | agency or
leased by a public housing agency as part of a | ||||||
19 | scattered site or mixed-income
development, or public | ||||||
20 | park, on the real property comprising any school or
| ||||||
21 | residential property owned, operated or managed by a public | ||||||
22 | housing agency or
leased by a public housing agency as part | ||||||
23 | of a scattered site or mixed-income
development, or public | ||||||
24 | park or within 1,000 feet of the real property
comprising
| ||||||
25 | any school or residential property owned, operated or | ||||||
26 | managed by a
public housing agency or leased by a public |
| |||||||
| |||||||
1 | housing agency as part of a
scattered site or mixed-income | ||||||
2 | development, or public park, on the real
property | ||||||
3 | comprising any church, synagogue, or other building, | ||||||
4 | structure, or
place used primarily for religious worship, | ||||||
5 | or within 1,000 feet of the real
property comprising any | ||||||
6 | church, synagogue, or other building, structure, or
place | ||||||
7 | used primarily for religious worship, on the real property | ||||||
8 | comprising any
of the following places, buildings, or | ||||||
9 | structures used primarily for housing or
providing space | ||||||
10 | for activities for
senior citizens: nursing homes, | ||||||
11 | assisted-living centers, senior citizen housing
complexes, | ||||||
12 | or senior centers oriented toward daytime activities, or | ||||||
13 | within
1,000 feet of the real property comprising any of | ||||||
14 | the following
places, buildings, or structures used | ||||||
15 | primarily for housing or providing space
for activities for | ||||||
16 | senior citizens: nursing homes, assisted-living centers,
| ||||||
17 | senior citizen housing complexes, or senior centers | ||||||
18 | oriented toward daytime
activities is guilty of a Class 2 | ||||||
19 | felony, the fine for
which shall not exceed $200,000;
| ||||||
20 | (4) subsection (f) of Section 401 in any school, or any | ||||||
21 | conveyance
owned, leased or contracted by a school to | ||||||
22 | transport students to or from
school or a school related | ||||||
23 | activity, or residential property owned,
operated or | ||||||
24 | managed by a public housing agency
or leased by a public | ||||||
25 | housing agency as part of a scattered site or
mixed-income | ||||||
26 | development,
or public park, on the real
property |
| |||||||
| |||||||
1 | comprising any school or residential property owned, | ||||||
2 | operated or
managed by a public housing agency
or leased by | ||||||
3 | a public housing agency as part of a scattered site or
| ||||||
4 | mixed-income development,
or public park or
within 1,000 | ||||||
5 | feet of the real property comprising any school or | ||||||
6 | residential
property owned, operated or managed by a public | ||||||
7 | housing agency
or leased by a public housing agency as part | ||||||
8 | of a scattered site or
mixed-income development,
or public
| ||||||
9 | park, on the real property comprising any church, | ||||||
10 | synagogue, or other
building,
structure, or place used | ||||||
11 | primarily for religious worship, or
within 1,000 feet of | ||||||
12 | the real property comprising any church,
synagogue, or | ||||||
13 | other building, structure, or place used primarily for | ||||||
14 | religious
worship, on the real property comprising any of | ||||||
15 | the following places,
buildings, or
structures used | ||||||
16 | primarily for housing or providing space for activities for
| ||||||
17 | senior citizens: nursing homes, assisted-living centers, | ||||||
18 | senior citizen housing
complexes, or senior centers | ||||||
19 | oriented toward daytime activities, or within
1,000 feet of | ||||||
20 | the real property comprising any of the following
places, | ||||||
21 | buildings, or structures used primarily for housing or | ||||||
22 | providing space
for activities for senior citizens: | ||||||
23 | nursing homes, assisted-living centers,
senior citizen | ||||||
24 | housing complexes, or senior centers oriented toward | ||||||
25 | daytime
activities
is guilty of a Class 2 felony, the fine | ||||||
26 | for which shall not exceed
$150,000;
|
| |||||||
| |||||||
1 | (5) subsection (g) of Section 401 in any school, or any | ||||||
2 | conveyance
owned, leased or contracted by a school to | ||||||
3 | transport students to or from
school or a school related | ||||||
4 | activity, or residential property owned,
operated or | ||||||
5 | managed by a public housing agency
or leased by a public | ||||||
6 | housing agency as part of a scattered site or
mixed-income | ||||||
7 | development,
or public park, on the real
property | ||||||
8 | comprising any school or residential property owned, | ||||||
9 | operated or
managed by a public housing agency
or leased by | ||||||
10 | a public housing agency as part of a scattered site or
| ||||||
11 | mixed-income development,
or public park or
within 1,000 | ||||||
12 | feet of the real property comprising any school or | ||||||
13 | residential
property owned, operated or managed by a public | ||||||
14 | housing agency
or leased by a public housing agency as part | ||||||
15 | of a scattered site or
mixed-income development,
or public
| ||||||
16 | park, on the real property comprising any church, | ||||||
17 | synagogue, or other
building,
structure, or place used | ||||||
18 | primarily for religious worship, or
within 1,000 feet of | ||||||
19 | the real property comprising any church,
synagogue, or | ||||||
20 | other building, structure, or place used primarily for | ||||||
21 | religious
worship, on the real property comprising any of | ||||||
22 | the following places,
buildings, or
structures used | ||||||
23 | primarily for housing or providing space for activities for
| ||||||
24 | senior citizens: nursing homes, assisted-living centers, | ||||||
25 | senior citizen housing
complexes, or senior centers | ||||||
26 | oriented toward daytime activities, or within
1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising any of the following
places, | ||||||
2 | buildings, or structures used primarily for housing or | ||||||
3 | providing space
for activities for senior citizens: | ||||||
4 | nursing homes, assisted-living centers,
senior citizen | ||||||
5 | housing complexes, or senior centers oriented toward | ||||||
6 | daytime
activities
is guilty of a Class 2 felony, the fine | ||||||
7 | for which shall not exceed $125,000;
| ||||||
8 | (6) subsection (h) of Section 401 in any school, or any | ||||||
9 | conveyance
owned, leased or contracted by a school to | ||||||
10 | transport students to or from
school or a school related | ||||||
11 | activity, or residential property owned,
operated or | ||||||
12 | managed by a public housing agency
or leased by a public | ||||||
13 | housing agency as part of a scattered site or
mixed-income | ||||||
14 | development,
or public park, on the real
property | ||||||
15 | comprising any school or residential property owned, | ||||||
16 | operated or
managed by a public housing agency
or leased by | ||||||
17 | a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development,
or public park or within 1,000 | ||||||
19 | feet of the real property comprising any school
or | ||||||
20 | residential
property owned, operated or managed by a public | ||||||
21 | housing agency
or leased by a public housing agency as part | ||||||
22 | of a scattered site or
mixed-income development,
or public
| ||||||
23 | park, on the real property comprising any church, | ||||||
24 | synagogue, or other
building,
structure, or place used | ||||||
25 | primarily for religious worship, or
within 1,000 feet of | ||||||
26 | the real property comprising any church,
synagogue, or |
| |||||||
| |||||||
1 | other building, structure, or place used primarily for | ||||||
2 | religious
worship, on the real property comprising any of | ||||||
3 | the following places,
buildings, or
structures used | ||||||
4 | primarily for housing or providing space for activities for
| ||||||
5 | senior citizens: nursing homes, assisted-living centers, | ||||||
6 | senior citizen housing
complexes, or senior centers | ||||||
7 | oriented toward daytime activities, or within
1,000 feet of | ||||||
8 | the real property comprising any of the following
places, | ||||||
9 | buildings, or structures used primarily for housing or | ||||||
10 | providing space
for activities for senior citizens: | ||||||
11 | nursing homes, assisted-living centers,
senior citizen | ||||||
12 | housing complexes, or senior centers oriented toward | ||||||
13 | daytime
activities
is guilty of a Class 2 felony, the fine | ||||||
14 | for which shall not exceed
$100,000.
| ||||||
15 | (c) (Blank). Regarding penalties prescribed in subsection
| ||||||
16 | (b) for violations committed in a school or on or within
1,000 | ||||||
17 | feet of school property, the time of day, time of year and | ||||||
18 | whether
classes were currently in session at the time of the | ||||||
19 | offense is irrelevant.
| ||||||
20 | (d) As used in this Section, "school" means an active and | ||||||
21 | operational public, private, or parochial elementary or | ||||||
22 | secondary school, community college, college, or university | ||||||
23 | and includes the grounds of an active and operational school, | ||||||
24 | if the offense is committed when school is in session, children | ||||||
25 | are present, or when school related activity occurs; and | ||||||
26 | "school related activity" means any sporting, social, |
| |||||||
| |||||||
1 | academic, or other
activity for which students' attendance or | ||||||
2 | participation is sponsored,
organized, or funded in whole or in | ||||||
3 | part by a school or school district. | ||||||
4 | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
5 | Section 20. The Methamphetamine Control and Community | ||||||
6 | Protection Act is amended by changing Section 55 as follows: | ||||||
7 | (720 ILCS 646/55)
| ||||||
8 | Sec. 55. Methamphetamine delivery. | ||||||
9 | (a) Delivery or possession with intent to deliver | ||||||
10 | methamphetamine or a substance containing methamphetamine.
| ||||||
11 | (1) It is unlawful knowingly to engage in the delivery | ||||||
12 | or possession with intent to deliver methamphetamine or a | ||||||
13 | substance containing methamphetamine.
| ||||||
14 | (2) A person who violates paragraph (1) of this | ||||||
15 | subsection (a) is subject to the following penalties:
| ||||||
16 | (A) A person who delivers or possesses with intent | ||||||
17 | to deliver less than 5 grams of methamphetamine or a | ||||||
18 | substance containing methamphetamine is guilty of a | ||||||
19 | Class 2 felony.
| ||||||
20 | (B) A person who delivers or possesses with intent | ||||||
21 | to deliver 5 or more grams but less than 15 grams of | ||||||
22 | methamphetamine or a substance containing | ||||||
23 | methamphetamine is guilty of a Class 1 felony.
| ||||||
24 | (C) A person who delivers or possesses with intent |
| |||||||
| |||||||
1 | to deliver 15 or more grams but less than 100 grams of | ||||||
2 | methamphetamine or a substance containing | ||||||
3 | methamphetamine is guilty of a Class X felony, subject | ||||||
4 | to a term of imprisonment of not less than 6 years and | ||||||
5 | not more than 30 years, and subject to a fine not to | ||||||
6 | exceed $100,000 or the street value of the | ||||||
7 | methamphetamine, whichever is greater.
| ||||||
8 | (D) A person who delivers or possesses with intent | ||||||
9 | to deliver 100 or more grams but less than 400 grams of | ||||||
10 | methamphetamine or a substance containing | ||||||
11 | methamphetamine is guilty of a Class X felony, subject | ||||||
12 | to a term of imprisonment of not less than 9 years and | ||||||
13 | not more than 40 years, and subject to a fine not to | ||||||
14 | exceed $200,000 or the street value of the | ||||||
15 | methamphetamine, whichever is greater.
| ||||||
16 | (E) A person who delivers or possesses with intent | ||||||
17 | to deliver 400 or more grams but less than 900 grams of | ||||||
18 | methamphetamine or a substance containing | ||||||
19 | methamphetamine is guilty of a Class X felony, subject | ||||||
20 | to a term of imprisonment of not less than 12 years and | ||||||
21 | not more than 50 years, and subject to a fine not to | ||||||
22 | exceed $300,000 or the street value of the | ||||||
23 | methamphetamine, whichever is greater.
| ||||||
24 | (F) A person who delivers or possesses with intent | ||||||
25 | to deliver 900 or more grams of methamphetamine or a | ||||||
26 | substance containing methamphetamine is guilty of a |
| |||||||
| |||||||
1 | Class X felony, subject to a term of imprisonment of | ||||||
2 | not less than 15 years and not more than 60 years, and | ||||||
3 | subject to a fine not to exceed $400,000 or the street | ||||||
4 | value of the methamphetamine, whichever is greater.
| ||||||
5 | (b) Aggravated delivery or possession with intent to | ||||||
6 | deliver methamphetamine or a substance containing | ||||||
7 | methamphetamine.
| ||||||
8 | (1) It is unlawful to engage in the aggravated delivery | ||||||
9 | or possession with intent to deliver methamphetamine or a | ||||||
10 | substance containing methamphetamine. A person engages in | ||||||
11 | the aggravated delivery or possession with intent to | ||||||
12 | deliver methamphetamine or a substance containing | ||||||
13 | methamphetamine when the person violates paragraph (1) of | ||||||
14 | subsection (a) of this Section and:
| ||||||
15 | (A) the person is at least 18 years of age and | ||||||
16 | knowingly delivers or possesses with intent to deliver | ||||||
17 | the methamphetamine or substance containing | ||||||
18 | methamphetamine to a person under 18 years of age;
| ||||||
19 | (B) the person is at least 18 years of age and | ||||||
20 | knowingly uses, engages, employs, or causes another | ||||||
21 | person to use, engage, or employ a person under 18 | ||||||
22 | years of age to deliver the methamphetamine or | ||||||
23 | substance containing methamphetamine;
| ||||||
24 | (C) the person knowingly delivers or possesses | ||||||
25 | with intent to deliver the methamphetamine or | ||||||
26 | substance containing methamphetamine in any structure |
| |||||||
| |||||||
1 | or vehicle protected by one or more firearms, explosive | ||||||
2 | devices, booby traps, alarm systems, surveillance | ||||||
3 | systems, guard dogs, or dangerous animals;
| ||||||
4 | (D) the person knowingly delivers or possesses | ||||||
5 | with intent to deliver the methamphetamine or | ||||||
6 | substance containing methamphetamine in any school, on | ||||||
7 | any real property comprising any school, or in any | ||||||
8 | conveyance owned, leased, or contracted by a school to | ||||||
9 | transport students to or from school or a | ||||||
10 | school-related activity;
| ||||||
11 | (E) the person delivers or causes another person to | ||||||
12 | deliver the methamphetamine or substance containing | ||||||
13 | methamphetamine to a woman that the person knows to be | ||||||
14 | pregnant;
or | ||||||
15 | (F) (blank). | ||||||
16 | (2) A person who violates paragraph (1) of this | ||||||
17 | subsection (b) is subject to the following penalties:
| ||||||
18 | (A) A person who delivers or possesses with intent | ||||||
19 | to deliver less than 5 grams of methamphetamine or a | ||||||
20 | substance containing methamphetamine is guilty of a | ||||||
21 | Class 1 felony.
| ||||||
22 | (B) A person who delivers or possesses with intent | ||||||
23 | to deliver 5 or more grams but less than 15 grams of | ||||||
24 | methamphetamine or a substance containing | ||||||
25 | methamphetamine is guilty of a Class X felony, subject | ||||||
26 | to a term of imprisonment of not less than 6 years and |
| |||||||
| |||||||
1 | not more than 30 years, and subject to a fine not to | ||||||
2 | exceed $100,000 or the street value of the | ||||||
3 | methamphetamine, whichever is greater.
| ||||||
4 | (C) A person who delivers or possesses with intent | ||||||
5 | to deliver 15 or more grams but less than 100 grams of | ||||||
6 | methamphetamine or a substance containing | ||||||
7 | methamphetamine is guilty of a Class X felony, subject | ||||||
8 | to a term of imprisonment of not less than 8 years and | ||||||
9 | not more than 40 years, and subject to a fine not to | ||||||
10 | exceed $200,000 or the street value of the | ||||||
11 | methamphetamine, whichever is greater.
| ||||||
12 | (D) A person who delivers or possesses with intent | ||||||
13 | to deliver 100 or more grams of methamphetamine or a | ||||||
14 | substance containing methamphetamine is guilty of a | ||||||
15 | Class X felony, subject to a term of imprisonment of | ||||||
16 | not less than 10 years and not more than 50 years, and | ||||||
17 | subject to a fine not to exceed $300,000 or the street | ||||||
18 | value of the methamphetamine, whichever is greater.
| ||||||
19 | (c) As used in this Section, "school" means an active and | ||||||
20 | operational public, private, or parochial elementary or | ||||||
21 | secondary school, community college, college, or university | ||||||
22 | and includes the grounds of an active and operational school, | ||||||
23 | if the offense is committed when school is in session, children | ||||||
24 | are present, or when school related activity occurs; and | ||||||
25 | "school related activity" means any sporting, social, | ||||||
26 | academic, or other
activity for which students' attendance or |
| |||||||
| |||||||
1 | participation is sponsored,
organized, or funded in whole or in | ||||||
2 | part by a school or school district. | ||||||
3 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | ||||||
4 | Section 25. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-5-3.2 as follows:
| ||||||
6 | (730 ILCS 5/5-5-3.2)
| ||||||
7 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
8 | sentencing.
| ||||||
9 | (a) The following factors shall be accorded weight in favor | ||||||
10 | of
imposing a term of imprisonment or may be considered by the | ||||||
11 | court as reasons
to impose a more severe sentence under Section | ||||||
12 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
13 | (1) the defendant's conduct caused or threatened | ||||||
14 | serious harm;
| ||||||
15 | (2) the defendant received compensation for committing | ||||||
16 | the offense;
| ||||||
17 | (3) the defendant has a history of prior delinquency or | ||||||
18 | criminal activity;
| ||||||
19 | (4) the defendant, by the duties of his office or by | ||||||
20 | his position,
was obliged to prevent the particular offense | ||||||
21 | committed or to bring
the offenders committing it to | ||||||
22 | justice;
| ||||||
23 | (5) the defendant held public office at the time of the | ||||||
24 | offense,
and the offense related to the conduct of that |
| |||||||
| |||||||
1 | office;
| ||||||
2 | (6) the defendant utilized his professional reputation | ||||||
3 | or
position in the community to commit the offense, or to | ||||||
4 | afford
him an easier means of committing it;
| ||||||
5 | (7) the sentence is necessary to deter others from | ||||||
6 | committing
the same crime;
| ||||||
7 | (8) the defendant committed the offense against a | ||||||
8 | person 60 years of age
or older or such person's property;
| ||||||
9 | (9) the defendant committed the offense against a | ||||||
10 | person who has a physical disability or such person's | ||||||
11 | property;
| ||||||
12 | (10) by reason of another individual's actual or | ||||||
13 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
14 | sexual orientation, physical or mental
disability, or | ||||||
15 | national origin, the defendant committed the offense | ||||||
16 | against (i)
the person or property
of that individual; (ii) | ||||||
17 | the person or property of a person who has an
association | ||||||
18 | with, is married to, or has a friendship with the other | ||||||
19 | individual;
or (iii) the person or property of a relative | ||||||
20 | (by blood or marriage) of a
person described in clause (i) | ||||||
21 | or (ii). For the purposes of this Section,
"sexual | ||||||
22 | orientation" has the meaning ascribed to it in paragraph | ||||||
23 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
24 | (11) the offense took place in a place of worship or on | ||||||
25 | the
grounds of a place of worship, immediately prior to, | ||||||
26 | during or immediately
following worship services. For |
| |||||||
| |||||||
1 | purposes of this subparagraph, "place of
worship" shall | ||||||
2 | mean any church, synagogue or other building, structure or
| ||||||
3 | place used primarily for religious worship;
| ||||||
4 | (12) the defendant was convicted of a felony committed | ||||||
5 | while he was
released on bail or his own recognizance | ||||||
6 | pending trial for a prior felony
and was convicted of such | ||||||
7 | prior felony, or the defendant was convicted of a
felony | ||||||
8 | committed while he was serving a period of probation,
| ||||||
9 | conditional discharge, or mandatory supervised release | ||||||
10 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
11 | (13) the defendant committed or attempted to commit a | ||||||
12 | felony while he
was wearing a bulletproof vest. For the | ||||||
13 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
14 | device which is designed for the purpose of
protecting the | ||||||
15 | wearer from bullets, shot or other lethal projectiles;
| ||||||
16 | (14) the defendant held a position of trust or | ||||||
17 | supervision such as, but
not limited to, family member as | ||||||
18 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
19 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
20 | relation to a victim under 18 years of age, and the | ||||||
21 | defendant committed an
offense in violation of Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
23 | 11-14.4 except for an offense that involves keeping a place | ||||||
24 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
25 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
26 | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012
against
that victim;
| ||||||
2 | (15) the defendant committed an offense related to the | ||||||
3 | activities of an
organized gang. For the purposes of this | ||||||
4 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
5 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
6 | Act;
| ||||||
7 | (16) the defendant committed an offense in violation of | ||||||
8 | one of the
following Sections while in a school , regardless | ||||||
9 | of the time of day or time of
year ; on any conveyance | ||||||
10 | owned, leased, or contracted by a school to transport
| ||||||
11 | students to or from school or a school related activity; on | ||||||
12 | the real property
of a school; or on a public way within | ||||||
13 | 1,000 feet of the real property
comprising any school: | ||||||
14 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
15 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
16 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
17 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
18 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
19 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
20 | Criminal Code of 2012;
| ||||||
21 | (16.5) the defendant committed an offense in violation | ||||||
22 | of one of the
following Sections while in a day care | ||||||
23 | center, regardless of the time of day or
time of year; on | ||||||
24 | the real property of a day care center, regardless of the | ||||||
25 | time
of day or time of year; or on a public
way within | ||||||
26 | 1,000 feet of the real property comprising any day care |
| |||||||
| |||||||
1 | center,
regardless of the time of day or time of year:
| ||||||
2 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
3 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
4 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
6 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
7 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
8 | Criminal Code of 2012;
| ||||||
9 | (17) the defendant committed the offense by reason of | ||||||
10 | any person's
activity as a community policing volunteer or | ||||||
11 | to prevent any person from
engaging in activity as a | ||||||
12 | community policing volunteer. For the purpose of
this | ||||||
13 | Section, "community policing volunteer" has the meaning | ||||||
14 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
15 | 2012;
| ||||||
16 | (18) the defendant committed the offense in a nursing | ||||||
17 | home or on the
real
property comprising a nursing home. For | ||||||
18 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
19 | skilled nursing
or intermediate long term care facility | ||||||
20 | that is subject to license by the
Illinois Department of | ||||||
21 | Public Health under the Nursing Home Care
Act, the | ||||||
22 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
23 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
24 | (19) the defendant was a federally licensed firearm | ||||||
25 | dealer
and
was
previously convicted of a violation of | ||||||
26 | subsection (a) of Section 3 of the
Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and has now committed either a | ||||||
2 | felony
violation
of the Firearm Owners Identification Card | ||||||
3 | Act or an act of armed violence while
armed
with a firearm; | ||||||
4 | (20) the defendant (i) committed the offense of | ||||||
5 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
6 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
7 | under the influence of alcohol, other drug or
drugs, | ||||||
8 | intoxicating compound or compounds or any combination | ||||||
9 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
10 | or a similar provision of a local ordinance and (ii) was | ||||||
11 | operating a motor vehicle in excess of 20 miles per hour | ||||||
12 | over the posted speed limit as provided in Article VI of | ||||||
13 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
14 | (21) the defendant (i) committed the offense of | ||||||
15 | reckless driving or aggravated reckless driving under | ||||||
16 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
17 | operating a motor vehicle in excess of 20 miles per hour | ||||||
18 | over the posted speed limit as provided in Article VI of | ||||||
19 | Chapter 11 of the Illinois Vehicle Code; | ||||||
20 | (22) the defendant committed the offense against a | ||||||
21 | person that the defendant knew, or reasonably should have | ||||||
22 | known, was a member of the Armed Forces of the United | ||||||
23 | States serving on active duty. For purposes of this clause | ||||||
24 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
25 | of the United States, including a member of any reserve | ||||||
26 | component thereof or National Guard unit called to active |
| |||||||
| |||||||
1 | duty;
| ||||||
2 | (23)
the defendant committed the offense against a | ||||||
3 | person who was elderly or infirm or who was a person with a | ||||||
4 | disability by taking advantage of a family or fiduciary | ||||||
5 | relationship with the elderly or infirm person or person | ||||||
6 | with a disability;
| ||||||
7 | (24)
the defendant committed any offense under Section | ||||||
8 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
9 | of 2012 and possessed 100 or more images;
| ||||||
10 | (25) the defendant committed the offense while the | ||||||
11 | defendant or the victim was in a train, bus, or other | ||||||
12 | vehicle used for public transportation; | ||||||
13 | (26) the defendant committed the offense of child | ||||||
14 | pornography or aggravated child pornography, specifically | ||||||
15 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
16 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
18 | solicited for, depicted in, or posed in any act of sexual | ||||||
19 | penetration or bound, fettered, or subject to sadistic, | ||||||
20 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
21 | and specifically including paragraph (1), (2), (3), (4), | ||||||
22 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
23 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
24 | engaged in, solicited for, depicted in, or posed in any act | ||||||
25 | of sexual penetration or bound, fettered, or subject to | ||||||
26 | sadistic, masochistic, or sadomasochistic abuse in a |
| |||||||
| |||||||
1 | sexual context; | ||||||
2 | (27) the defendant committed the offense of first | ||||||
3 | degree murder, assault, aggravated assault, battery, | ||||||
4 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
5 | robbery against a person who was a veteran and the | ||||||
6 | defendant knew, or reasonably should have known, that the | ||||||
7 | person was a veteran performing duties as a representative | ||||||
8 | of a veterans' organization. For the purposes of this | ||||||
9 | paragraph (27), "veteran" means an Illinois resident who | ||||||
10 | has served as a member of the United States Armed Forces, a | ||||||
11 | member of the Illinois National Guard, or a member of the | ||||||
12 | United States Reserve Forces; and "veterans' organization" | ||||||
13 | means an organization comprised of members of
which | ||||||
14 | substantially all are individuals who are veterans or | ||||||
15 | spouses,
widows, or widowers of veterans, the primary | ||||||
16 | purpose of which is to
promote the welfare of its members | ||||||
17 | and to provide assistance to the general
public in such a | ||||||
18 | way as to confer a public benefit; | ||||||
19 | (28) the defendant committed the offense of assault, | ||||||
20 | aggravated assault, battery, aggravated battery, robbery, | ||||||
21 | armed robbery, or aggravated robbery against a person that | ||||||
22 | the defendant knew or reasonably should have known was a | ||||||
23 | letter carrier or postal worker while that person was | ||||||
24 | performing his or her duties delivering mail for the United | ||||||
25 | States Postal Service; | ||||||
26 | (29) the defendant committed the offense of criminal |
| |||||||
| |||||||
1 | sexual assault, aggravated criminal sexual assault, | ||||||
2 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
3 | against a victim with an intellectual disability, and the | ||||||
4 | defendant holds a position of trust, authority, or | ||||||
5 | supervision in relation to the victim; or | ||||||
6 | (30) the defendant committed the offense of promoting | ||||||
7 | juvenile prostitution, patronizing a prostitute, or | ||||||
8 | patronizing a minor engaged in prostitution and at the time | ||||||
9 | of the commission of the offense knew that the prostitute | ||||||
10 | or minor engaged in prostitution was in the custody or | ||||||
11 | guardianship of the Department of Children and Family | ||||||
12 | Services. | ||||||
13 | For the purposes of this Section:
| ||||||
14 | "School" is defined as an active and operational a public | ||||||
15 | or private
elementary or secondary school, community college, | ||||||
16 | college, or university , if the offense is committed when school | ||||||
17 | is in session, children are present, or when school related | ||||||
18 | activity occurs .
| ||||||
19 | "Day care center" means a public or private State certified | ||||||
20 | and
licensed day care center as defined in Section 2.09 of the | ||||||
21 | Child Care Act of
1969 that displays a sign in plain view | ||||||
22 | stating that the
property is a day care center.
| ||||||
23 | "Intellectual disability" means significantly subaverage | ||||||
24 | intellectual functioning which exists concurrently
with | ||||||
25 | impairment in adaptive behavior. | ||||||
26 | "Public transportation" means the transportation
or |
| |||||||
| |||||||
1 | conveyance of persons by means available to the general public, | ||||||
2 | and includes paratransit services. | ||||||
3 | (b) The following factors, related to all felonies, may be | ||||||
4 | considered by the court as
reasons to impose an extended term | ||||||
5 | sentence under Section 5-8-2
upon any offender:
| ||||||
6 | (1) When a defendant is convicted of any felony, after | ||||||
7 | having
been previously convicted in Illinois or any other | ||||||
8 | jurisdiction of the
same or similar class felony or greater | ||||||
9 | class felony, when such conviction
has occurred within 10 | ||||||
10 | years after the
previous conviction, excluding time spent | ||||||
11 | in custody, and such charges are
separately brought and | ||||||
12 | tried and arise out of different series of acts; or
| ||||||
13 | (2) When a defendant is convicted of any felony and the | ||||||
14 | court
finds that the offense was accompanied by | ||||||
15 | exceptionally brutal
or heinous behavior indicative of | ||||||
16 | wanton cruelty; or
| ||||||
17 | (3) When a defendant is convicted of any felony | ||||||
18 | committed against:
| ||||||
19 | (i) a person under 12 years of age at the time of | ||||||
20 | the offense or such
person's property;
| ||||||
21 | (ii) a person 60 years of age or older at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (iii) a person who had a physical disability at the | ||||||
24 | time of the offense or
such person's property; or
| ||||||
25 | (4) When a defendant is convicted of any felony and the | ||||||
26 | offense
involved any of the following types of specific |
| |||||||
| |||||||
1 | misconduct committed as
part of a ceremony, rite, | ||||||
2 | initiation, observance, performance, practice or
activity | ||||||
3 | of any actual or ostensible religious, fraternal, or social | ||||||
4 | group:
| ||||||
5 | (i) the brutalizing or torturing of humans or | ||||||
6 | animals;
| ||||||
7 | (ii) the theft of human corpses;
| ||||||
8 | (iii) the kidnapping of humans;
| ||||||
9 | (iv) the desecration of any cemetery, religious, | ||||||
10 | fraternal, business,
governmental, educational, or | ||||||
11 | other building or property; or
| ||||||
12 | (v) ritualized abuse of a child; or
| ||||||
13 | (5) When a defendant is convicted of a felony other | ||||||
14 | than conspiracy and
the court finds that
the felony was | ||||||
15 | committed under an agreement with 2 or more other persons
| ||||||
16 | to commit that offense and the defendant, with respect to | ||||||
17 | the other
individuals, occupied a position of organizer, | ||||||
18 | supervisor, financier, or any
other position of management | ||||||
19 | or leadership, and the court further finds that
the felony | ||||||
20 | committed was related to or in furtherance of the criminal
| ||||||
21 | activities of an organized gang or was motivated by the | ||||||
22 | defendant's leadership
in an organized gang; or
| ||||||
23 | (6) When a defendant is convicted of an offense | ||||||
24 | committed while using a firearm with a
laser sight attached | ||||||
25 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
26 | the meaning ascribed to it in Section 26-7 of the Criminal |
| |||||||
| |||||||
1 | Code of
2012; or
| ||||||
2 | (7) When a defendant who was at least 17 years of age | ||||||
3 | at the
time of
the commission of the offense is convicted | ||||||
4 | of a felony and has been previously
adjudicated a | ||||||
5 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
6 | an act
that if committed by an adult would be a Class X or | ||||||
7 | Class 1 felony when the
conviction has occurred within 10 | ||||||
8 | years after the previous adjudication,
excluding time | ||||||
9 | spent in custody; or
| ||||||
10 | (8) When a defendant commits any felony and the | ||||||
11 | defendant used, possessed, exercised control over, or | ||||||
12 | otherwise directed an animal to assault a law enforcement | ||||||
13 | officer engaged in the execution of his or her official | ||||||
14 | duties or in furtherance of the criminal activities of an | ||||||
15 | organized gang in which the defendant is engaged; or
| ||||||
16 | (9) When a defendant commits any felony and the | ||||||
17 | defendant knowingly video or audio records the offense with | ||||||
18 | the intent to disseminate the recording. | ||||||
19 | (c) The following factors may be considered by the court as | ||||||
20 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
21 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
22 | (1) When a defendant is convicted of first degree | ||||||
23 | murder, after having been previously convicted in Illinois | ||||||
24 | of any offense listed under paragraph (c)(2) of Section | ||||||
25 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
26 | within 10 years after the previous conviction, excluding |
| |||||||
| |||||||
1 | time spent in custody, and the charges are separately | ||||||
2 | brought and tried and arise out of different series of | ||||||
3 | acts. | ||||||
4 | (1.5) When a defendant is convicted of first degree | ||||||
5 | murder, after having been previously convicted of domestic | ||||||
6 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
7 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
8 | having been previously convicted of violation of an order | ||||||
9 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
10 | was the protected person. | ||||||
11 | (2) When a defendant is convicted of voluntary | ||||||
12 | manslaughter, second degree murder, involuntary | ||||||
13 | manslaughter, or reckless homicide in which the defendant | ||||||
14 | has been convicted of causing the death of more than one | ||||||
15 | individual. | ||||||
16 | (3) When a defendant is convicted of aggravated | ||||||
17 | criminal sexual assault or criminal sexual assault, when | ||||||
18 | there is a finding that aggravated criminal sexual assault | ||||||
19 | or criminal sexual assault was also committed on the same | ||||||
20 | victim by one or more other individuals, and the defendant | ||||||
21 | voluntarily participated in the crime with the knowledge of | ||||||
22 | the participation of the others in the crime, and the | ||||||
23 | commission of the crime was part of a single course of | ||||||
24 | conduct during which there was no substantial change in the | ||||||
25 | nature of the criminal objective. | ||||||
26 | (4) If the victim was under 18 years of age at the time |
| |||||||
| |||||||
1 | of the commission of the offense, when a defendant is | ||||||
2 | convicted of aggravated criminal sexual assault or | ||||||
3 | predatory criminal sexual assault of a child under | ||||||
4 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
5 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
7 | (5) When a defendant is convicted of a felony violation | ||||||
8 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
10 | finding that the defendant is a member of an organized | ||||||
11 | gang. | ||||||
12 | (6) When a defendant was convicted of unlawful use of | ||||||
13 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
15 | a weapon that is not readily distinguishable as one of the | ||||||
16 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
18 | (7) When a defendant is convicted of an offense | ||||||
19 | involving the illegal manufacture of a controlled | ||||||
20 | substance under Section 401 of the Illinois Controlled | ||||||
21 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
22 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
23 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
24 | the illegal possession of explosives and an emergency | ||||||
25 | response officer in the performance of his or her duties is | ||||||
26 | killed or injured at the scene of the offense while |
| |||||||
| |||||||
1 | responding to the emergency caused by the commission of the | ||||||
2 | offense. In this paragraph, "emergency" means a situation | ||||||
3 | in which a person's life, health, or safety is in jeopardy; | ||||||
4 | and "emergency response officer" means a peace officer, | ||||||
5 | community policing volunteer, fireman, emergency medical | ||||||
6 | technician-ambulance, emergency medical | ||||||
7 | technician-intermediate, emergency medical | ||||||
8 | technician-paramedic, ambulance driver, other medical | ||||||
9 | assistance or first aid personnel, or hospital emergency | ||||||
10 | room personnel.
| ||||||
11 | (8) When the defendant is convicted of attempted mob | ||||||
12 | action, solicitation to commit mob action, or conspiracy to | ||||||
13 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
14 | Criminal Code of 2012, where the criminal object is a | ||||||
15 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
16 | an electronic communication is used in the commission of | ||||||
17 | the offense. For the purposes of this paragraph (8), | ||||||
18 | "electronic communication" shall have the meaning provided | ||||||
19 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
20 | (d) For the purposes of this Section, "organized gang" has | ||||||
21 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
22 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
23 | (e) The court may impose an extended term sentence under | ||||||
24 | Article 4.5 of Chapter V upon an offender who has been | ||||||
25 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
26 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
| |||||||
| |||||||
1 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
2 | when the victim of the offense is under 18 years of age at the | ||||||
3 | time of the commission of the offense and, during the | ||||||
4 | commission of the offense, the victim was under the influence | ||||||
5 | of alcohol, regardless of whether or not the alcohol was | ||||||
6 | supplied by the offender; and the offender, at the time of the | ||||||
7 | commission of the offense, knew or should have known that the | ||||||
8 | victim had consumed alcohol. | ||||||
9 | (Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, | ||||||
10 | eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, | ||||||
11 | eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; | ||||||
12 | 99-347, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
|