100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3857

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-2  from Ch. 38, par. 10-2
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/24-1  from Ch. 38, par. 24-1

    Amends the Criminal Code of 2012. In the statutes concerning aggravated kidnaping, aggravated assault, aggravated battery, and unlawful use of weapons, deletes references to "hooded" and replaces with "cloth" so that the offense is committed when the person commits the proscribed act when he or she wears a cloth, robe, or mask to conceal his or her identity. Effective immediately.


LRB100 10584 RLC 20802 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3857LRB100 10584 RLC 20802 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:
 
6    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
7    Sec. 10-2. Aggravated kidnaping.
8    (a) A person commits the offense of aggravated kidnaping
9when he or she commits kidnapping and:
10        (1) kidnaps with the intent to obtain ransom from the
11    person kidnaped or from any other person;
12        (2) takes as his or her victim a child under the age of
13    13 years, or a person with a severe or profound
14    intellectual disability;
15        (3) inflicts great bodily harm, other than by the
16    discharge of a firearm, or commits another felony upon his
17    or her victim;
18        (4) wears a cloth hood, robe, or mask to conceal or
19    conceals his or her identity;
20        (5) commits the offense of kidnaping while armed with a
21    dangerous weapon, other than a firearm, as defined in
22    Section 33A-1 of this Code;
23        (6) commits the offense of kidnaping while armed with a

 

 

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1    firearm;
2        (7) during the commission of the offense of kidnaping,
3    personally discharges a firearm; or
4        (8) during the commission of the offense of kidnaping,
5    personally discharges a firearm that proximately causes
6    great bodily harm, permanent disability, permanent
7    disfigurement, or death to another person.
8    As used in this Section, "ransom" includes money, benefit,
9or other valuable thing or concession.
10    (b) Sentence. Aggravated kidnaping in violation of
11paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
12Class X felony. A violation of subsection (a)(6) is a Class X
13felony for which 15 years shall be added to the term of
14imprisonment imposed by the court. A violation of subsection
15(a)(7) is a Class X felony for which 20 years shall be added to
16the term of imprisonment imposed by the court. A violation of
17subsection (a)(8) is a Class X felony for which 25 years or up
18to a term of natural life shall be added to the term of
19imprisonment imposed by the court. An offender under the age of
2018 years at the time of the commission of aggravated kidnaping
21in violation of paragraphs (1) through (8) of subsection (a)
22shall be sentenced under Section 5-4.5-105 of the Unified Code
23of Corrections.
24    A person who has attained the age of 18 years at the time
25of the commission of the offense and who is convicted of a
26second or subsequent offense of aggravated kidnaping shall be

 

 

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1sentenced to a term of natural life imprisonment; except that a
2sentence of natural life imprisonment shall not be imposed
3under this Section unless the second or subsequent offense was
4committed after conviction on the first offense. An offender
5under the age of 18 years at the time of the commission of the
6second or subsequent offense shall be sentenced under Section
75-4.5-105 of the Unified Code of Corrections.
8(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
9eff. 7-28-16.)
 
10    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
11    Sec. 12-2. Aggravated assault.
12    (a) Offense based on location of conduct. A person commits
13aggravated assault when he or she commits an assault against an
14individual who is on or about a public way, public property, a
15public place of accommodation or amusement, or a sports venue.
16    (b) Offense based on status of victim. A person commits
17aggravated assault when, in committing an assault, he or she
18knows the individual assaulted to be any of the following:
19        (1) A person with a physical disability or a person 60
20    years of age or older and the assault is without legal
21    justification.
22        (2) A teacher or school employee upon school grounds or
23    grounds adjacent to a school or in any part of a building
24    used for school purposes.
25        (3) A park district employee upon park grounds or

 

 

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1    grounds adjacent to a park or in any part of a building
2    used for park purposes.
3        (4) A community policing volunteer, private security
4    officer, or utility worker:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or her
7        official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (4.1) A peace officer, fireman, emergency management
11    worker, or emergency medical services personnel:
12            (i) performing his or her official duties;
13            (ii) assaulted to prevent performance of his or her
14        official duties; or
15            (iii) assaulted in retaliation for performing his
16        or her official duties.
17        (5) A correctional officer or probation officer:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or her
20        official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (6) A correctional institution employee, a county
24    juvenile detention center employee who provides direct and
25    continuous supervision of residents of a juvenile
26    detention center, including a county juvenile detention

 

 

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1    center employee who supervises recreational activity for
2    residents of a juvenile detention center, or a Department
3    of Human Services employee, Department of Human Services
4    officer, or employee of a subcontractor of the Department
5    of Human Services supervising or controlling sexually
6    dangerous persons or sexually violent persons:
7            (i) performing his or her official duties;
8            (ii) assaulted to prevent performance of his or her
9        official duties; or
10            (iii) assaulted in retaliation for performing his
11        or her official duties.
12        (7) An employee of the State of Illinois, a municipal
13    corporation therein, or a political subdivision thereof,
14    performing his or her official duties.
15        (8) A transit employee performing his or her official
16    duties, or a transit passenger.
17        (9) A sports official or coach actively participating
18    in any level of athletic competition within a sports venue,
19    on an indoor playing field or outdoor playing field, or
20    within the immediate vicinity of such a facility or field.
21        (10) A person authorized to serve process under Section
22    2-202 of the Code of Civil Procedure or a special process
23    server appointed by the circuit court, while that
24    individual is in the performance of his or her duties as a
25    process server.
26    (c) Offense based on use of firearm, device, or motor

 

 

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1vehicle. A person commits aggravated assault when, in
2committing an assault, he or she does any of the following:
3        (1) Uses a deadly weapon, an air rifle as defined in
4    Section 24.8-0.1 of this Act, or any device manufactured
5    and designed to be substantially similar in appearance to a
6    firearm, other than by discharging a firearm.
7        (2) Discharges a firearm, other than from a motor
8    vehicle.
9        (3) Discharges a firearm from a motor vehicle.
10        (4) Wears a cloth hood, robe, or mask to conceal his or
11    her identity.
12        (5) Knowingly and without lawful justification shines
13    or flashes a laser gun sight or other laser device attached
14    to a firearm, or used in concert with a firearm, so that
15    the laser beam strikes near or in the immediate vicinity of
16    any person.
17        (6) Uses a firearm, other than by discharging the
18    firearm, against a peace officer, community policing
19    volunteer, fireman, private security officer, emergency
20    management worker, emergency medical services personnel,
21    employee of a police department, employee of a sheriff's
22    department, or traffic control municipal employee:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or her
25        official duties; or
26            (iii) assaulted in retaliation for performing his

 

 

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1        or her official duties.
2        (7) Without justification operates a motor vehicle in a
3    manner which places a person, other than a person listed in
4    subdivision (b)(4), in reasonable apprehension of being
5    struck by the moving motor vehicle.
6        (8) Without justification operates a motor vehicle in a
7    manner which places a person listed in subdivision (b)(4),
8    in reasonable apprehension of being struck by the moving
9    motor vehicle.
10        (9) Knowingly video or audio records the offense with
11    the intent to disseminate the recording.
12    (d) Sentence. Aggravated assault as defined in subdivision
13(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
14(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
15aggravated assault as defined in subdivision (b)(4) and (b)(7)
16is a Class 4 felony if a Category I, Category II, or Category
17III weapon is used in the commission of the assault. Aggravated
18assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
19(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
20Aggravated assault as defined in subdivision (c)(3) or (c)(8)
21is a Class 3 felony.
22    (e) For the purposes of this Section, "Category I weapon",
23"Category II weapon, and "Category III weapon" have the
24meanings ascribed to those terms in Section 33A-1 of this Code.
25(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
26eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;

 

 

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199-816, eff. 8-15-16.)
 
2    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
3    Sec. 12-3.05. Aggravated battery.
4    (a) Offense based on injury. A person commits aggravated
5battery when, in committing a battery, other than by the
6discharge of a firearm, he or she knowingly does any of the
7following:
8        (1) Causes great bodily harm or permanent disability or
9    disfigurement.
10        (2) Causes severe and permanent disability, great
11    bodily harm, or disfigurement by means of a caustic or
12    flammable substance, a poisonous gas, a deadly biological
13    or chemical contaminant or agent, a radioactive substance,
14    or a bomb or explosive compound.
15        (3) Causes great bodily harm or permanent disability or
16    disfigurement to an individual whom the person knows to be
17    a peace officer, community policing volunteer, fireman,
18    private security officer, correctional institution
19    employee, or Department of Human Services employee
20    supervising or controlling sexually dangerous persons or
21    sexually violent persons:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his

 

 

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1        or her official duties.
2        (4) Causes great bodily harm or permanent disability or
3    disfigurement to an individual 60 years of age or older.
4        (5) Strangles another individual.
5    (b) Offense based on injury to a child or person with an
6intellectual disability. A person who is at least 18 years of
7age commits aggravated battery when, in committing a battery,
8he or she knowingly and without legal justification by any
9means:
10        (1) causes great bodily harm or permanent disability or
11    disfigurement to any child under the age of 13 years, or to
12    any person with a severe or profound intellectual
13    disability; or
14        (2) causes bodily harm or disability or disfigurement
15    to any child under the age of 13 years or to any person
16    with a severe or profound intellectual disability.
17    (c) Offense based on location of conduct. A person commits
18aggravated battery when, in committing a battery, other than by
19the discharge of a firearm, he or she is or the person battered
20is on or about a public way, public property, a public place of
21accommodation or amusement, a sports venue, or a domestic
22violence shelter.
23    (d) Offense based on status of victim. A person commits
24aggravated battery when, in committing a battery, other than by
25discharge of a firearm, he or she knows the individual battered
26to be any of the following:

 

 

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1        (1) A person 60 years of age or older.
2        (2) A person who is pregnant or has a physical
3    disability.
4        (3) A teacher or school employee upon school grounds or
5    grounds adjacent to a school or in any part of a building
6    used for school purposes.
7        (4) A peace officer, community policing volunteer,
8    fireman, private security officer, correctional
9    institution employee, or Department of Human Services
10    employee supervising or controlling sexually dangerous
11    persons or sexually violent persons:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (5) A judge, emergency management worker, emergency
18    medical services personnel, or utility worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (6) An officer or employee of the State of Illinois, a
25    unit of local government, or a school district, while
26    performing his or her official duties.

 

 

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1        (7) A transit employee performing his or her official
2    duties, or a transit passenger.
3        (8) A taxi driver on duty.
4        (9) A merchant who detains the person for an alleged
5    commission of retail theft under Section 16-26 of this Code
6    and the person without legal justification by any means
7    causes bodily harm to the merchant.
8        (10) A person authorized to serve process under Section
9    2-202 of the Code of Civil Procedure or a special process
10    server appointed by the circuit court while that individual
11    is in the performance of his or her duties as a process
12    server.
13        (11) A nurse while in the performance of his or her
14    duties as a nurse.
15    (e) Offense based on use of a firearm. A person commits
16aggravated battery when, in committing a battery, he or she
17knowingly does any of the following:
18        (1) Discharges a firearm, other than a machine gun or a
19    firearm equipped with a silencer, and causes any injury to
20    another person.
21        (2) Discharges a firearm, other than a machine gun or a
22    firearm equipped with a silencer, and causes any injury to
23    a person he or she knows to be a peace officer, community
24    policing volunteer, person summoned by a police officer,
25    fireman, private security officer, correctional
26    institution employee, or emergency management worker:

 

 

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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (3) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be emergency medical services
9    personnel:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (4) Discharges a firearm and causes any injury to a
16    person he or she knows to be a teacher, a student in a
17    school, or a school employee, and the teacher, student, or
18    employee is upon school grounds or grounds adjacent to a
19    school or in any part of a building used for school
20    purposes.
21        (5) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to another person.
23        (6) Discharges a machine gun or a firearm equipped with
24    a silencer, and causes any injury to a person he or she
25    knows to be a peace officer, community policing volunteer,
26    person summoned by a police officer, fireman, private

 

 

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1    security officer, correctional institution employee or
2    emergency management worker:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (7) Discharges a machine gun or a firearm equipped with
9    a silencer, and causes any injury to a person he or she
10    knows to be emergency medical services personnel:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (8) Discharges a machine gun or a firearm equipped with
17    a silencer, and causes any injury to a person he or she
18    knows to be a teacher, or a student in a school, or a
19    school employee, and the teacher, student, or employee is
20    upon school grounds or grounds adjacent to a school or in
21    any part of a building used for school purposes.
22    (f) Offense based on use of a weapon or device. A person
23commits aggravated battery when, in committing a battery, he or
24she does any of the following:
25        (1) Uses a deadly weapon other than by discharge of a
26    firearm, or uses an air rifle as defined in Section

 

 

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1    24.8-0.1 of this Code.
2        (2) Wears a cloth hood, robe, or mask to conceal his or
3    her identity.
4        (3) Knowingly and without lawful justification shines
5    or flashes a laser gunsight or other laser device attached
6    to a firearm, or used in concert with a firearm, so that
7    the laser beam strikes upon or against the person of
8    another.
9        (4) Knowingly video or audio records the offense with
10    the intent to disseminate the recording.
11    (g) Offense based on certain conduct. A person commits
12aggravated battery when, other than by discharge of a firearm,
13he or she does any of the following:
14        (1) Violates Section 401 of the Illinois Controlled
15    Substances Act by unlawfully delivering a controlled
16    substance to another and any user experiences great bodily
17    harm or permanent disability as a result of the injection,
18    inhalation, or ingestion of any amount of the controlled
19    substance.
20        (2) Knowingly administers to an individual or causes
21    him or her to take, without his or her consent or by threat
22    or deception, and for other than medical purposes, any
23    intoxicating, poisonous, stupefying, narcotic, anesthetic,
24    or controlled substance, or gives to another person any
25    food containing any substance or object intended to cause
26    physical injury if eaten.

 

 

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1        (3) Knowingly causes or attempts to cause a
2    correctional institution employee or Department of Human
3    Services employee to come into contact with blood, seminal
4    fluid, urine, or feces by throwing, tossing, or expelling
5    the fluid or material, and the person is an inmate of a
6    penal institution or is a sexually dangerous person or
7    sexually violent person in the custody of the Department of
8    Human Services.
9    (h) Sentence. Unless otherwise provided, aggravated
10battery is a Class 3 felony.
11    Aggravated battery as defined in subdivision (a)(4),
12(d)(4), or (g)(3) is a Class 2 felony.
13    Aggravated battery as defined in subdivision (a)(3) or
14(g)(1) is a Class 1 felony.
15    Aggravated battery as defined in subdivision (a)(1) is a
16Class 1 felony when the aggravated battery was intentional and
17involved the infliction of torture, as defined in paragraph
18(14) of subsection (b) of Section 9-1 of this Code, as the
19infliction of or subjection to extreme physical pain, motivated
20by an intent to increase or prolong the pain, suffering, or
21agony of the victim.
22    Aggravated battery under subdivision (a)(5) is a Class 1
23felony if:
24        (A) the person used or attempted to use a dangerous
25    instrument while committing the offense; or
26        (B) the person caused great bodily harm or permanent

 

 

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1    disability or disfigurement to the other person while
2    committing the offense; or
3        (C) the person has been previously convicted of a
4    violation of subdivision (a)(5) under the laws of this
5    State or laws similar to subdivision (a)(5) of any other
6    state.
7    Aggravated battery as defined in subdivision (e)(1) is a
8Class X felony.
9    Aggravated battery as defined in subdivision (a)(2) is a
10Class X felony for which a person shall be sentenced to a term
11of imprisonment of a minimum of 6 years and a maximum of 45
12years.
13    Aggravated battery as defined in subdivision (e)(5) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 12 years and a maximum of 45
16years.
17    Aggravated battery as defined in subdivision (e)(2),
18(e)(3), or (e)(4) is a Class X felony for which a person shall
19be sentenced to a term of imprisonment of a minimum of 15 years
20and a maximum of 60 years.
21    Aggravated battery as defined in subdivision (e)(6),
22(e)(7), or (e)(8) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 20 years
24and a maximum of 60 years.
25    Aggravated battery as defined in subdivision (b)(1) is a
26Class X felony, except that:

 

 

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1        (1) if the person committed the offense while armed
2    with a firearm, 15 years shall be added to the term of
3    imprisonment imposed by the court;
4        (2) if, during the commission of the offense, the
5    person personally discharged a firearm, 20 years shall be
6    added to the term of imprisonment imposed by the court;
7        (3) if, during the commission of the offense, the
8    person personally discharged a firearm that proximately
9    caused great bodily harm, permanent disability, permanent
10    disfigurement, or death to another person, 25 years or up
11    to a term of natural life shall be added to the term of
12    imprisonment imposed by the court.
13    (i) Definitions. For the purposes of this Section:
14    "Building or other structure used to provide shelter" has
15the meaning ascribed to "shelter" in Section 1 of the Domestic
16Violence Shelters Act.
17    "Domestic violence" has the meaning ascribed to it in
18Section 103 of the Illinois Domestic Violence Act of 1986.
19    "Domestic violence shelter" means any building or other
20structure used to provide shelter or other services to victims
21or to the dependent children of victims of domestic violence
22pursuant to the Illinois Domestic Violence Act of 1986 or the
23Domestic Violence Shelters Act, or any place within 500 feet of
24such a building or other structure in the case of a person who
25is going to or from such a building or other structure.
26    "Firearm" has the meaning provided under Section 1.1 of the

 

 

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1Firearm Owners Identification Card Act, and does not include an
2air rifle as defined by Section 24.8-0.1 of this Code.
3    "Machine gun" has the meaning ascribed to it in Section
424-1 of this Code.
5    "Merchant" has the meaning ascribed to it in Section 16-0.1
6of this Code.
7    "Strangle" means intentionally impeding the normal
8breathing or circulation of the blood of an individual by
9applying pressure on the throat or neck of that individual or
10by blocking the nose or mouth of that individual.
11(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
12eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
13    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
14    Sec. 24-1. Unlawful use of weapons.
15    (a) A person commits the offense of unlawful use of weapons
16when he knowingly:
17        (1) Sells, manufactures, purchases, possesses or
18    carries any bludgeon, black-jack, slung-shot, sand-club,
19    sand-bag, metal knuckles or other knuckle weapon
20    regardless of its composition, throwing star, or any knife,
21    commonly referred to as a switchblade knife, which has a
22    blade that opens automatically by hand pressure applied to
23    a button, spring or other device in the handle of the
24    knife, or a ballistic knife, which is a device that propels
25    a knifelike blade as a projectile by means of a coil

 

 

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1    spring, elastic material or compressed gas; or
2        (2) Carries or possesses with intent to use the same
3    unlawfully against another, a dagger, dirk, billy,
4    dangerous knife, razor, stiletto, broken bottle or other
5    piece of glass, stun gun or taser or any other dangerous or
6    deadly weapon or instrument of like character; or
7        (3) Carries on or about his person or in any vehicle, a
8    tear gas gun projector or bomb or any object containing
9    noxious liquid gas or substance, other than an object
10    containing a non-lethal noxious liquid gas or substance
11    designed solely for personal defense carried by a person 18
12    years of age or older; or
13        (4) Carries or possesses in any vehicle or concealed on
14    or about his person except when on his land or in his own
15    abode, legal dwelling, or fixed place of business, or on
16    the land or in the legal dwelling of another person as an
17    invitee with that person's permission, any pistol,
18    revolver, stun gun or taser or other firearm, except that
19    this subsection (a) (4) does not apply to or affect
20    transportation of weapons that meet one of the following
21    conditions:
22            (i) are broken down in a non-functioning state; or
23            (ii) are not immediately accessible; or
24            (iii) are unloaded and enclosed in a case, firearm
25        carrying box, shipping box, or other container by a
26        person who has been issued a currently valid Firearm

 

 

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1        Owner's Identification Card; or
2            (iv) are carried or possessed in accordance with
3        the Firearm Concealed Carry Act by a person who has
4        been issued a currently valid license under the Firearm
5        Concealed Carry Act; or
6        (5) Sets a spring gun; or
7        (6) Possesses any device or attachment of any kind
8    designed, used or intended for use in silencing the report
9    of any firearm; or
10        (7) Sells, manufactures, purchases, possesses or
11    carries:
12            (i) a machine gun, which shall be defined for the
13        purposes of this subsection as any weapon, which
14        shoots, is designed to shoot, or can be readily
15        restored to shoot, automatically more than one shot
16        without manually reloading by a single function of the
17        trigger, including the frame or receiver of any such
18        weapon, or sells, manufactures, purchases, possesses,
19        or carries any combination of parts designed or
20        intended for use in converting any weapon into a
21        machine gun, or any combination or parts from which a
22        machine gun can be assembled if such parts are in the
23        possession or under the control of a person;
24            (ii) any rifle having one or more barrels less than
25        16 inches in length or a shotgun having one or more
26        barrels less than 18 inches in length or any weapon

 

 

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1        made from a rifle or shotgun, whether by alteration,
2        modification, or otherwise, if such a weapon as
3        modified has an overall length of less than 26 inches;
4        or
5            (iii) any bomb, bomb-shell, grenade, bottle or
6        other container containing an explosive substance of
7        over one-quarter ounce for like purposes, such as, but
8        not limited to, black powder bombs and Molotov
9        cocktails or artillery projectiles; or
10        (8) Carries or possesses any firearm, stun gun or taser
11    or other deadly weapon in any place which is licensed to
12    sell intoxicating beverages, or at any public gathering
13    held pursuant to a license issued by any governmental body
14    or any public gathering at which an admission is charged,
15    excluding a place where a showing, demonstration or lecture
16    involving the exhibition of unloaded firearms is
17    conducted.
18        This subsection (a)(8) does not apply to any auction or
19    raffle of a firearm held pursuant to a license or permit
20    issued by a governmental body, nor does it apply to persons
21    engaged in firearm safety training courses; or
22        (9) Carries or possesses in a vehicle or on or about
23    his person any pistol, revolver, stun gun or taser or
24    firearm or ballistic knife, when he or she wears a cloth,
25    robe, or mask is hooded, robed or masked in such manner as
26    to conceal his or her identity; or

 

 

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1        (10) Carries or possesses on or about his person, upon
2    any public street, alley, or other public lands within the
3    corporate limits of a city, village or incorporated town,
4    except when an invitee thereon or therein, for the purpose
5    of the display of such weapon or the lawful commerce in
6    weapons, or except when on his land or in his own abode,
7    legal dwelling, or fixed place of business, or on the land
8    or in the legal dwelling of another person as an invitee
9    with that person's permission, any pistol, revolver, stun
10    gun or taser or other firearm, except that this subsection
11    (a) (10) does not apply to or affect transportation of
12    weapons that meet one of the following conditions:
13            (i) are broken down in a non-functioning state; or
14            (ii) are not immediately accessible; or
15            (iii) are unloaded and enclosed in a case, firearm
16        carrying box, shipping box, or other container by a
17        person who has been issued a currently valid Firearm
18        Owner's Identification Card; or
19            (iv) are carried or possessed in accordance with
20        the Firearm Concealed Carry Act by a person who has
21        been issued a currently valid license under the Firearm
22        Concealed Carry Act.
23        A "stun gun or taser", as used in this paragraph (a)
24    means (i) any device which is powered by electrical
25    charging units, such as, batteries, and which fires one or
26    several barbs attached to a length of wire and which, upon

 

 

HB3857- 23 -LRB100 10584 RLC 20802 b

1    hitting a human, can send out a current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning or (ii) any
4    device which is powered by electrical charging units, such
5    as batteries, and which, upon contact with a human or
6    clothing worn by a human, can send out current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning; or
9        (11) Sells, manufactures or purchases any explosive
10    bullet. For purposes of this paragraph (a) "explosive
11    bullet" means the projectile portion of an ammunition
12    cartridge which contains or carries an explosive charge
13    which will explode upon contact with the flesh of a human
14    or an animal. "Cartridge" means a tubular metal case having
15    a projectile affixed at the front thereof and a cap or
16    primer at the rear end thereof, with the propellant
17    contained in such tube between the projectile and the cap;
18    or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her person
21    while in a building occupied by a unit of government, a
22    billy club, other weapon of like character, or other
23    instrument of like character intended for use as a weapon.
24    For the purposes of this Section, "billy club" means a
25    short stick or club commonly carried by police officers
26    which is either telescopic or constructed of a solid piece

 

 

HB3857- 24 -LRB100 10584 RLC 20802 b

1    of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
7person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. The possession of each weapon in violation of this
19Section constitutes a single and separate violation.
20    (c) Violations in specific places.
21        (1) A person who violates subsection 24-1(a)(6) or
22    24-1(a)(7) in any school, regardless of the time of day or
23    the time of year, in residential property owned, operated
24    or 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, in a public park, in a courthouse, on the real

 

 

HB3857- 25 -LRB100 10584 RLC 20802 b

1    property comprising any school, regardless of the time of
2    day or the time of year, on residential property owned,
3    operated or managed by a public housing agency or leased by
4    a public housing agency as part of a scattered site or
5    mixed-income development, on the real property comprising
6    any public park, on the real property comprising any
7    courthouse, in any conveyance owned, leased or contracted
8    by a school to transport students to or from school or a
9    school related activity, in any conveyance owned, leased,
10    or contracted by a public transportation agency, or on any
11    public way within 1,000 feet of the real property
12    comprising any school, public park, courthouse, public
13    transportation facility, or residential property owned,
14    operated, or managed by a public housing agency or leased
15    by a public housing agency as part of a scattered site or
16    mixed-income development commits a Class 2 felony and shall
17    be sentenced to a term of imprisonment of not less than 3
18    years and not more than 7 years.
19        (1.5) A person who violates subsection 24-1(a)(4),
20    24-1(a)(9), or 24-1(a)(10) 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

 

 

HB3857- 26 -LRB100 10584 RLC 20802 b

1    residential property owned, operated, or managed by a
2    public housing agency or leased by a public housing agency
3    as part of a scattered site or mixed-income development, on
4    the 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 3 felony.
16        (2) A person who violates subsection 24-1(a)(1),
17    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
18    time of day or the time of year, in residential property
19    owned, operated or managed by a public housing agency or
20    leased by a public housing agency as part of a scattered
21    site or mixed-income development, in a public park, in a
22    courthouse, on the real property comprising any school,
23    regardless of the time of day or the time of year, on
24    residential property owned, operated or managed by a public
25    housing agency or leased by a public housing agency as part
26    of a scattered site or mixed-income development, on the

 

 

HB3857- 27 -LRB100 10584 RLC 20802 b

1    real property comprising any public park, on the real
2    property comprising any courthouse, in any conveyance
3    owned, leased or contracted by a school to transport
4    students to or from school or a school related activity, in
5    any conveyance owned, leased, or contracted by a public
6    transportation agency, or on any public way within 1,000
7    feet of the real property comprising any school, public
8    park, courthouse, public transportation facility, or
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development
12    commits a Class 4 felony. "Courthouse" means any building
13    that is used by the Circuit, Appellate, or Supreme Court of
14    this State for the conduct of official business.
15        (3) Paragraphs (1), (1.5), and (2) of this subsection
16    (c) shall not apply to law enforcement officers or security
17    officers of such school, college, or university or to
18    students carrying or possessing firearms for use in
19    training courses, parades, hunting, target shooting on
20    school ranges, or otherwise with the consent of school
21    authorities and which firearms are transported unloaded
22    enclosed in a suitable case, box, or transportation
23    package.
24        (4) For the purposes of this subsection (c), "school"
25    means any public or private elementary or secondary school,
26    community college, college, or university.

 

 

HB3857- 28 -LRB100 10584 RLC 20802 b

1        (5) For the purposes of this subsection (c), "public
2    transportation agency" means a public or private agency
3    that provides for the transportation or conveyance of
4    persons by means available to the general public, except
5    for transportation by automobiles not used for conveyance
6    of the general public as passengers; and "public
7    transportation facility" means a terminal or other place
8    where one may obtain public transportation.
9    (d) The presence in an automobile other than a public
10omnibus of any weapon, instrument or substance referred to in
11subsection (a)(7) is prima facie evidence that it is in the
12possession of, and is being carried by, all persons occupying
13such automobile at the time such weapon, instrument or
14substance is found, except under the following circumstances:
15(i) if such weapon, instrument or instrumentality is found upon
16the person of one of the occupants therein; or (ii) if such
17weapon, instrument or substance is found in an automobile
18operated for hire by a duly licensed driver in the due, lawful
19and proper pursuit of his trade, then such presumption shall
20not apply to the driver.
21    (e) Exemptions. Crossbows, Common or Compound bows and
22Underwater Spearguns are exempted from the definition of
23ballistic knife as defined in paragraph (1) of subsection (a)
24of this Section.
25(Source: P.A. 99-29, eff. 7-10-15.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

HB3857- 29 -LRB100 10584 RLC 20802 b

1becoming law.