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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 10-2, 12-2, 12-3.05, and 24-1 as follows:
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6 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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7 | | Sec. 10-2. Aggravated kidnaping.
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8 | | (a) A person commits the offense of
aggravated kidnaping |
9 | | when he or she commits kidnapping and:
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10 | | (1) kidnaps with the intent to obtain ransom from the |
11 | | person
kidnaped or from any other person;
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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;
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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;
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18 | | (4) affixes or manipulates a mask, cloth, or garment in |
19 | | order to conceal his or her identity wears a hood, robe, or |
20 | | mask or conceals his or her identity ;
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21 | | (5) commits the offense of kidnaping while armed with a |
22 | | dangerous
weapon, other than a firearm, as defined in |
23 | | Section 33A-1 of this
Code;
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1 | | (6) commits the offense of kidnaping while armed with a |
2 | | firearm;
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3 | | (7) during the commission of the offense of kidnaping, |
4 | | personally
discharges a firearm; or
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5 | | (8) during the commission of the offense of kidnaping, |
6 | | personally discharges
a firearm that proximately causes |
7 | | great bodily harm, permanent
disability, permanent |
8 | | disfigurement, or death to another person.
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9 | | As used in this Section, "ransom" includes money, benefit, |
10 | | or other
valuable thing or concession.
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11 | | (b) Sentence. Aggravated kidnaping
in violation of |
12 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a |
13 | | Class X felony.
A violation of subsection (a)(6) is a Class X |
14 | | felony for which 15 years
shall be added to the term of |
15 | | imprisonment imposed by the court. A violation of
subsection |
16 | | (a)(7) is a Class X felony for which 20 years shall be added to |
17 | | the
term of imprisonment imposed by the court. A violation of |
18 | | subsection (a)(8) is
a Class X felony for which 25 years or up |
19 | | to a term of natural life shall be
added to the term of |
20 | | imprisonment imposed by the court. An offender under the age of |
21 | | 18 years at the time of the commission of aggravated kidnaping |
22 | | in violation of paragraphs (1) through (8) of subsection (a) |
23 | | shall be sentenced under Section 5-4.5-105 of the Unified Code |
24 | | of Corrections.
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25 | | A person who has attained the age of 18 years at the time |
26 | | of the commission of the offense and who is convicted of a |
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1 | | second or subsequent offense of
aggravated kidnaping shall be |
2 | | sentenced to a term of natural life imprisonment; except
that a |
3 | | sentence of natural life imprisonment shall not be
imposed |
4 | | under this Section unless the second or subsequent offense was
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5 | | committed after conviction on the first offense. An offender |
6 | | under the age of 18 years at the time of the commission of the |
7 | | second or subsequent offense shall be sentenced under Section |
8 | | 5-4.5-105 of the Unified Code of Corrections.
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9 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, |
10 | | eff. 7-28-16.)
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11 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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12 | | Sec. 12-2. Aggravated assault.
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13 | | (a) Offense based on location of conduct. A person commits |
14 | | aggravated assault when he or she commits an assault against an |
15 | | individual who is on or about a public way, public property, a |
16 | | public place of accommodation or amusement, or a sports venue. |
17 | | (b) Offense based on status of victim. A person commits |
18 | | aggravated assault when, in committing an assault, he or she |
19 | | knows the individual assaulted to be any of the following: |
20 | | (1) A person with a physical disability or a person 60 |
21 | | years of age or older and the assault is without legal |
22 | | justification. |
23 | | (2) A teacher or school employee upon school grounds or |
24 | | grounds adjacent to a school or in any part of a building |
25 | | used for school purposes. |
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1 | | (3) A park district employee upon park grounds or |
2 | | grounds adjacent to a park or in any part of a building |
3 | | used for park purposes. |
4 | | (4) A community policing volunteer, private security |
5 | | officer, or utility worker: |
6 | | (i) performing his or her official duties; |
7 | | (ii) assaulted to prevent performance of his or her |
8 | | official duties; or |
9 | | (iii) assaulted in retaliation for performing his |
10 | | or her official duties. |
11 | | (4.1) A peace officer, fireman, emergency management |
12 | | worker, or emergency medical services personnel: |
13 | | (i) performing his or her official duties; |
14 | | (ii) assaulted to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) assaulted in retaliation for performing his |
17 | | or her official duties. |
18 | | (5) A correctional officer or probation officer: |
19 | | (i) performing his or her official duties; |
20 | | (ii) assaulted to prevent performance of his or her |
21 | | official duties; or |
22 | | (iii) assaulted in retaliation for performing his |
23 | | or her official duties. |
24 | | (6) A correctional institution employee, a county |
25 | | juvenile detention center employee who provides direct and |
26 | | continuous supervision of residents of a juvenile |
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1 | | detention center, including a county juvenile detention |
2 | | center employee who supervises recreational activity for |
3 | | residents of a juvenile detention center, or a Department |
4 | | of Human Services employee, Department of Human Services |
5 | | officer, or employee of a subcontractor of the Department |
6 | | of Human Services supervising or controlling sexually |
7 | | dangerous persons or sexually violent persons: |
8 | | (i) performing his or her official duties; |
9 | | (ii) assaulted to prevent performance of his or her |
10 | | official duties; or |
11 | | (iii) assaulted in retaliation for performing his |
12 | | or her official duties. |
13 | | (7) An employee of the State of Illinois, a municipal |
14 | | corporation therein, or a political subdivision thereof, |
15 | | performing his or her official duties. |
16 | | (8) A transit employee performing his or her official |
17 | | duties, or a transit passenger. |
18 | | (9) A sports official or coach actively participating |
19 | | in any level of athletic competition within a sports venue, |
20 | | on an indoor playing field or outdoor playing field, or |
21 | | within the immediate vicinity of such a facility or field. |
22 | | (10) A person authorized to serve process under Section |
23 | | 2-202 of the Code of Civil Procedure or a special process |
24 | | server appointed by the circuit court, while that |
25 | | individual is in the performance of his or her duties as a |
26 | | process server. |
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1 | | (c) Offense based on use of firearm, device, or motor |
2 | | vehicle. A person commits aggravated assault when, in |
3 | | committing an assault, he or she does any of the following: |
4 | | (1) Uses a deadly weapon, an air rifle as defined in |
5 | | Section 24.8-0.1 of this Act, or any device manufactured |
6 | | and designed to be substantially similar in appearance to a |
7 | | firearm, other than by discharging a firearm. |
8 | | (2) Discharges a firearm, other than from a motor |
9 | | vehicle. |
10 | | (3) Discharges a firearm from a motor vehicle. |
11 | | (4) Affixes or manipulates a mask, cloth, or garment in |
12 | | order to conceal his or her identity Wears a hood, robe, or |
13 | | mask to conceal his or her identity . |
14 | | (5) Knowingly and without lawful justification shines |
15 | | or flashes a laser gun sight or other laser device attached |
16 | | to a firearm, or used in concert with a firearm, so that |
17 | | the laser beam strikes near or in the immediate vicinity of |
18 | | any person. |
19 | | (6) Uses a firearm, other than by discharging the |
20 | | firearm, against a peace officer, community policing |
21 | | volunteer, fireman, private security officer, emergency |
22 | | management worker, emergency medical services personnel, |
23 | | employee of a police department, employee of a sheriff's |
24 | | department, or traffic control municipal employee: |
25 | | (i) performing his or her official duties; |
26 | | (ii) assaulted to prevent performance of his or her |
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1 | | official duties; or |
2 | | (iii) assaulted in retaliation for performing his |
3 | | or her official duties. |
4 | | (7) Without justification operates a motor vehicle in a |
5 | | manner which places a person, other than a person listed in |
6 | | subdivision (b)(4), in reasonable apprehension of being |
7 | | struck by the moving motor vehicle. |
8 | | (8) Without justification operates a motor vehicle in a |
9 | | manner which places a person listed in subdivision (b)(4), |
10 | | in reasonable apprehension of being struck by the moving |
11 | | motor vehicle. |
12 | | (9) Knowingly video or audio records the offense with |
13 | | the intent to disseminate the recording. |
14 | | (d) Sentence. Aggravated assault as defined in subdivision |
15 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
16 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
17 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) |
18 | | is a Class 4 felony if a Category I, Category II, or Category |
19 | | III weapon is used in the commission of the assault. Aggravated |
20 | | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), |
21 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
22 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
23 | | is a Class 3 felony. |
24 | | (e) For the purposes of this Section, "Category I weapon", |
25 | | "Category II weapon, and "Category III weapon" have the |
26 | | meanings ascribed to those terms in Section 33A-1 of this Code.
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1 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
2 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; |
3 | | 99-816, eff. 8-15-16.)
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4 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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5 | | Sec. 12-3.05. Aggravated battery.
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6 | | (a) Offense based on injury. A person commits aggravated |
7 | | battery when, in committing a battery, other than by the |
8 | | discharge of a firearm, he or she knowingly does any of the |
9 | | following: |
10 | | (1) Causes great bodily harm or permanent disability or |
11 | | disfigurement. |
12 | | (2) Causes severe and permanent disability, great |
13 | | bodily harm, or disfigurement by means of a caustic or |
14 | | flammable substance, a poisonous gas, a deadly biological |
15 | | or chemical contaminant or agent, a radioactive substance, |
16 | | or a bomb or explosive compound. |
17 | | (3) Causes great bodily harm or permanent disability or |
18 | | disfigurement to an individual whom the person knows to be |
19 | | a peace officer, community policing volunteer, fireman, |
20 | | private security officer, correctional institution |
21 | | employee, or Department of Human Services employee |
22 | | supervising or controlling sexually dangerous persons or |
23 | | sexually violent persons: |
24 | | (i) performing his or her official duties; |
25 | | (ii) battered to prevent performance of his or her |
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1 | | official duties; or |
2 | | (iii) battered in retaliation for performing his |
3 | | or her official duties. |
4 | | (4) Causes great bodily harm or permanent disability or |
5 | | disfigurement to an individual 60 years of age or older. |
6 | | (5) Strangles another individual. |
7 | | (b) Offense based on injury to a child or person with an |
8 | | intellectual disability. A person who is at least 18 years of |
9 | | age commits aggravated battery when, in committing a battery, |
10 | | he or she knowingly and without legal justification by any |
11 | | means: |
12 | | (1) causes great bodily harm or permanent disability or |
13 | | disfigurement to any child under the age of 13 years, or to |
14 | | any person with a severe or profound intellectual |
15 | | disability; or |
16 | | (2) causes bodily harm or disability or disfigurement |
17 | | to any child under the age of 13 years or to any person |
18 | | with a severe or profound intellectual disability. |
19 | | (c) Offense based on location of conduct. A person commits |
20 | | aggravated battery when, in committing a battery, other than by |
21 | | the discharge of a firearm, he or she is or the person battered |
22 | | is on or about a public way, public property, a public place of |
23 | | accommodation or amusement, a sports venue, or a domestic |
24 | | violence shelter. |
25 | | (d) Offense based on status of victim. A person commits |
26 | | aggravated battery when, in committing a battery, other than by |
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1 | | discharge of a firearm, he or she knows the individual battered |
2 | | to be any of the following: |
3 | | (1) A person 60 years of age or older. |
4 | | (2) A person who is pregnant or has a physical |
5 | | disability. |
6 | | (3) A teacher or school employee upon school grounds or |
7 | | grounds adjacent to a school or in any part of a building |
8 | | used for school purposes. |
9 | | (4) A peace officer, community policing volunteer, |
10 | | fireman, private security officer, correctional |
11 | | institution employee, or Department of Human Services |
12 | | employee supervising or controlling sexually dangerous |
13 | | persons or sexually violent persons: |
14 | | (i) performing his or her official duties; |
15 | | (ii) battered to prevent performance of his or her |
16 | | official duties; or |
17 | | (iii) battered in retaliation for performing his |
18 | | or her official duties. |
19 | | (5) A judge, emergency management worker, emergency |
20 | | medical services personnel, or utility worker: |
21 | | (i) performing his or her official duties; |
22 | | (ii) battered to prevent performance of his or her |
23 | | official duties; or |
24 | | (iii) battered in retaliation for performing his |
25 | | or her official duties. |
26 | | (6) An officer or employee of the State of Illinois, a |
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1 | | unit of local government, or a school district, while |
2 | | performing his or her official duties. |
3 | | (7) A transit employee performing his or her official |
4 | | duties, or a transit passenger. |
5 | | (8) A taxi driver on duty. |
6 | | (9) A merchant who detains the person for an alleged |
7 | | commission of retail theft under Section 16-26 of this Code |
8 | | and the person without legal justification by any means |
9 | | causes bodily harm to the merchant. |
10 | | (10) A person authorized to serve process under Section |
11 | | 2-202 of the Code of Civil Procedure or a special process |
12 | | server appointed by the circuit court while that individual |
13 | | is in the performance of his or her duties as a process |
14 | | server. |
15 | | (11) A nurse while in the performance of his or her |
16 | | duties as a nurse. |
17 | | (e) Offense based on use of a firearm. A person commits |
18 | | aggravated battery when, in committing a battery, he or she |
19 | | knowingly does any of the following: |
20 | | (1) Discharges a firearm, other than a machine gun or a |
21 | | firearm equipped with a silencer, and causes any injury to |
22 | | another person. |
23 | | (2) Discharges a firearm, other than a machine gun or a |
24 | | firearm equipped with a silencer, and causes any injury to |
25 | | a person he or she knows to be a peace officer, community |
26 | | policing volunteer, person summoned by a police officer, |
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1 | | fireman, private security officer, correctional |
2 | | institution employee, or 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 | | (3) Discharges a firearm, other than a machine gun or a |
9 | | firearm equipped with a silencer, and causes any injury to |
10 | | a person he or she knows to be emergency medical services |
11 | | personnel: |
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 | | (4) Discharges a firearm and causes any injury to a |
18 | | person he or she knows to be a teacher, a student in a |
19 | | school, or a school employee, and the teacher, student, or |
20 | | employee is upon school grounds or grounds adjacent to a |
21 | | school or in any part of a building used for school |
22 | | purposes. |
23 | | (5) Discharges a machine gun or a firearm equipped with |
24 | | a silencer, and causes any injury to another person. |
25 | | (6) Discharges a machine gun or a firearm equipped with |
26 | | a silencer, and causes any injury to a person he or she |
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1 | | knows to be a peace officer, community policing volunteer, |
2 | | person summoned by a police officer, fireman, private |
3 | | security officer, correctional institution employee or |
4 | | emergency management worker: |
5 | | (i) performing his or her official duties; |
6 | | (ii) battered to prevent performance of his or her |
7 | | official duties; or |
8 | | (iii) battered in retaliation for performing his |
9 | | or her official duties. |
10 | | (7) Discharges a machine gun or a firearm equipped with |
11 | | a silencer, and causes any injury to a person he or she |
12 | | knows to be emergency medical services personnel: |
13 | | (i) performing his or her official duties; |
14 | | (ii) battered to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) battered in retaliation for performing his |
17 | | or her official duties. |
18 | | (8) Discharges a machine gun or a firearm equipped with |
19 | | a silencer, and causes any injury to a person he or she |
20 | | knows to be a teacher, or a student in a school, or a |
21 | | school employee, and the teacher, student, or employee is |
22 | | upon school grounds or grounds adjacent to a school or in |
23 | | any part of a building used for school purposes. |
24 | | (f) Offense based on use of a weapon or device. A person |
25 | | commits aggravated battery when, in committing a battery, he or |
26 | | she does any of the following: |
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1 | | (1) Uses a deadly weapon other than by discharge of a |
2 | | firearm, or uses an air rifle as defined in Section |
3 | | 24.8-0.1 of this Code. |
4 | | (2) Affixes or manipulates a mask, cloth, or garment in |
5 | | order to conceal his or her identity Wears a hood, robe, or |
6 | | mask to conceal his or her identity . |
7 | | (3) Knowingly and without lawful justification shines |
8 | | or flashes a laser gunsight or other laser device attached |
9 | | to a firearm, or used in concert with a firearm, so that |
10 | | the laser beam strikes upon or against the person of |
11 | | another. |
12 | | (4) Knowingly video or audio records the offense with |
13 | | the intent to disseminate the recording. |
14 | | (g) Offense based on certain conduct. A person commits |
15 | | aggravated battery when, other than by discharge of a firearm, |
16 | | he or she does any of the following: |
17 | | (1) Violates Section 401 of the Illinois Controlled |
18 | | Substances Act by unlawfully delivering a controlled |
19 | | substance to another and any user experiences great bodily |
20 | | harm or permanent disability as a result of the injection, |
21 | | inhalation, or ingestion of any amount of the controlled |
22 | | substance. |
23 | | (2) Knowingly administers to an individual or causes |
24 | | him or her to take, without his or her consent or by threat |
25 | | or deception, and for other than medical purposes, any |
26 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, |
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1 | | or controlled substance, or gives to another person any |
2 | | food containing any substance or object intended to cause |
3 | | physical injury if eaten. |
4 | | (3) Knowingly causes or attempts to cause a |
5 | | correctional institution employee or Department of Human |
6 | | Services employee to come into contact with blood, seminal |
7 | | fluid, urine, or feces by throwing, tossing, or expelling |
8 | | the fluid or material, and the person is an inmate of a |
9 | | penal institution or is a sexually dangerous person or |
10 | | sexually violent person in the custody of the Department of |
11 | | Human Services. |
12 | | (h) Sentence. Unless otherwise provided, aggravated |
13 | | battery is a Class 3 felony. |
14 | | Aggravated battery as defined in subdivision (a)(4), |
15 | | (d)(4), or (g)(3) is a Class 2 felony. |
16 | | Aggravated battery as defined in subdivision (a)(3) or |
17 | | (g)(1) is a Class 1 felony. |
18 | | Aggravated battery as defined in subdivision (a)(1) is a |
19 | | Class 1 felony when the aggravated battery was intentional and |
20 | | involved the infliction of torture, as defined in paragraph |
21 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
22 | | infliction of or subjection to extreme physical pain, motivated |
23 | | by an intent to increase or prolong the pain, suffering, or |
24 | | agony of the victim. |
25 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
26 | | felony if: |
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1 | | (A) the person used or attempted to use a dangerous
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2 | | instrument while committing the offense; or |
3 | | (B) the person caused great bodily harm or
permanent |
4 | | disability or disfigurement to the other
person while |
5 | | committing the offense; or |
6 | | (C) the person has been previously convicted of a
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7 | | violation of subdivision (a)(5) under the laws of this
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8 | | State or laws similar to subdivision (a)(5) of any other
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9 | | state. |
10 | | Aggravated battery as defined in subdivision (e)(1) is a |
11 | | Class X felony. |
12 | | Aggravated battery as defined in subdivision (a)(2) is a |
13 | | Class X felony for which a person shall be sentenced to a term |
14 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
15 | | years. |
16 | | Aggravated battery as defined in subdivision (e)(5) is a |
17 | | Class X felony for which a person shall be sentenced to a term |
18 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
19 | | years. |
20 | | Aggravated battery as defined in subdivision (e)(2), |
21 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
22 | | be sentenced to a term of imprisonment of a minimum of 15 years |
23 | | and a maximum of 60 years. |
24 | | Aggravated battery as defined in subdivision (e)(6), |
25 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
26 | | be sentenced to a term of imprisonment of a minimum of 20 years |
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1 | | and a maximum of 60 years. |
2 | | Aggravated battery as defined in subdivision (b)(1) is a |
3 | | Class X felony, except that: |
4 | | (1) if the person committed the offense while armed |
5 | | with a firearm, 15 years shall be added to the term of |
6 | | imprisonment imposed by the court; |
7 | | (2) if, during the commission of the offense, the |
8 | | person personally discharged a firearm, 20 years shall be |
9 | | added to the term of imprisonment imposed by the court; |
10 | | (3) if, during the commission of the offense, the |
11 | | person personally discharged a firearm that proximately |
12 | | caused great bodily harm, permanent disability, permanent |
13 | | disfigurement, or death to another person, 25 years or up |
14 | | to a term of natural life shall be added to the term of |
15 | | imprisonment imposed by the court. |
16 | | (i) Definitions. For the purposes of this Section: |
17 | | "Building or other structure used to provide shelter" has |
18 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
19 | | Violence Shelters Act. |
20 | | "Domestic violence" has the meaning ascribed to it in |
21 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
22 | | "Domestic violence shelter" means any building or other |
23 | | structure used to provide shelter or other services to victims |
24 | | or to the dependent children of victims of domestic violence |
25 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
26 | | Domestic Violence Shelters Act, or any place within 500 feet of |
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1 | | such a building or other structure in the case of a person who |
2 | | is going to or from such a building or other structure. |
3 | | "Firearm" has the meaning provided under Section 1.1
of the |
4 | | Firearm Owners Identification Card Act, and does
not include an |
5 | | air rifle as defined by Section 24.8-0.1 of this Code. |
6 | | "Machine gun" has the meaning ascribed to it in Section |
7 | | 24-1 of this Code. |
8 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
9 | | of this Code. |
10 | | "Strangle" means
intentionally impeding the normal |
11 | | breathing or circulation of the blood of an individual by |
12 | | applying pressure on the throat
or neck of that individual or |
13 | | by blocking the nose or mouth of
that individual.
|
14 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
15 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
|
16 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
17 | | Sec. 24-1. Unlawful use of weapons.
|
18 | | (a) A person commits the offense of unlawful use of weapons |
19 | | when
he knowingly:
|
20 | | (1) Sells, manufactures, purchases, possesses or |
21 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
22 | | sand-bag, metal knuckles or other knuckle weapon |
23 | | regardless of its composition, throwing star,
or any knife, |
24 | | commonly referred to as a switchblade knife, which has a
|
25 | | blade that opens automatically by hand pressure applied to |
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1 | | a button,
spring or other device in the handle of the |
2 | | knife, or a ballistic knife,
which is a device that propels |
3 | | a knifelike blade as a projectile by means
of a coil |
4 | | spring, elastic material or compressed gas; or
|
5 | | (2) Carries or possesses with intent to use the same |
6 | | unlawfully
against another, a dagger, dirk, billy, |
7 | | dangerous knife, razor,
stiletto, broken bottle or other |
8 | | piece of glass, stun gun or taser or
any other dangerous or |
9 | | deadly weapon or instrument of like character; or
|
10 | | (3) Carries on or about his person or in any vehicle, a |
11 | | tear gas gun
projector or bomb or any object containing |
12 | | noxious liquid gas or
substance, other than an object |
13 | | containing a non-lethal noxious liquid gas
or substance |
14 | | designed solely for personal defense carried by a person 18
|
15 | | years of age or older; or
|
16 | | (4) Carries or possesses in any vehicle or concealed on |
17 | | or about his
person except when on his land or in his own |
18 | | abode, legal dwelling, or fixed place of
business, or on |
19 | | the land or in the legal dwelling of another person as an |
20 | | invitee with that person's permission, any pistol, |
21 | | revolver, stun gun or taser or other firearm, except
that
|
22 | | this subsection (a) (4) does not apply to or affect |
23 | | transportation of weapons
that meet one of the following |
24 | | conditions:
|
25 | | (i) are broken down in a non-functioning state; or
|
26 | | (ii) are not immediately accessible; or
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1 | | (iii) are unloaded and enclosed in a case, firearm |
2 | | carrying box,
shipping box, or other container by a |
3 | | person who has been issued a currently
valid Firearm |
4 | | Owner's
Identification Card; or |
5 | | (iv) are carried or possessed in accordance with |
6 | | the Firearm Concealed Carry Act by a person who has |
7 | | been issued a currently valid license under the Firearm |
8 | | Concealed Carry Act; or
|
9 | | (5) Sets a spring gun; or
|
10 | | (6) Possesses any device or attachment of any kind |
11 | | designed, used or
intended for use in silencing the report |
12 | | of any firearm; or
|
13 | | (7) Sells, manufactures, purchases, possesses or |
14 | | carries:
|
15 | | (i) a machine gun, which shall be defined for the |
16 | | purposes of this
subsection as any weapon,
which |
17 | | shoots, is designed to shoot, or can be readily |
18 | | restored to shoot,
automatically more than one shot |
19 | | without manually reloading by a single
function of the |
20 | | trigger, including the frame or receiver
of any such |
21 | | weapon, or sells, manufactures, purchases, possesses, |
22 | | or
carries any combination of parts designed or |
23 | | intended for
use in converting any weapon into a |
24 | | machine gun, or any combination or
parts from which a |
25 | | machine gun can be assembled if such parts are in the
|
26 | | possession or under the control of a person;
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1 | | (ii) any rifle having one or
more barrels less than |
2 | | 16 inches in length or a shotgun having one or more
|
3 | | barrels less than 18 inches in length or any weapon |
4 | | made from a rifle or
shotgun, whether by alteration, |
5 | | modification, or otherwise, if such a weapon
as |
6 | | modified has an overall length of less than 26 inches; |
7 | | or
|
8 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
9 | | other container containing an
explosive substance of |
10 | | over one-quarter ounce for like purposes, such
as, but |
11 | | not limited to, black powder bombs and Molotov |
12 | | cocktails or
artillery projectiles; or
|
13 | | (8) Carries or possesses any firearm, stun gun or taser |
14 | | or other
deadly weapon in any place which is licensed to |
15 | | sell intoxicating
beverages, or at any public gathering |
16 | | held pursuant to a license issued
by any governmental body |
17 | | or any public gathering at which an admission
is charged, |
18 | | excluding a place where a showing, demonstration or lecture
|
19 | | involving the exhibition of unloaded firearms is |
20 | | conducted.
|
21 | | This subsection (a)(8) does not apply to any auction or |
22 | | raffle of a firearm
held pursuant to
a license or permit |
23 | | issued by a governmental body, nor does it apply to persons
|
24 | | engaged
in firearm safety training courses; or
|
25 | | (9) Carries or possesses in a vehicle or on or about |
26 | | his person any
pistol, revolver, stun gun or taser or |
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1 | | firearm or ballistic knife, when
he or she affixes or |
2 | | manipulates a mask, cloth, or garment in order to conceal |
3 | | his or her identity is hooded, robed or masked in such |
4 | | manner as to conceal his identity ; or
|
5 | | (10) Carries or possesses on or about his person, upon |
6 | | any public street,
alley, or other public lands within the |
7 | | corporate limits of a city, village
or incorporated town, |
8 | | except when an invitee thereon or therein, for the
purpose |
9 | | of the display of such weapon or the lawful commerce in |
10 | | weapons, or
except when on his land or in his own abode, |
11 | | legal dwelling, or fixed place of business, or on the land |
12 | | or in the legal dwelling of another person as an invitee |
13 | | with that person's permission, any
pistol, revolver, stun |
14 | | gun or taser or other firearm, except that this
subsection |
15 | | (a) (10) does not apply to or affect transportation of |
16 | | weapons that
meet one of the following conditions:
|
17 | | (i) are broken down in a non-functioning state; or
|
18 | | (ii) are not immediately accessible; or
|
19 | | (iii) are unloaded and enclosed in a case, firearm |
20 | | carrying box,
shipping box, or other container by a |
21 | | person who has been issued a currently
valid Firearm |
22 | | Owner's
Identification Card; or
|
23 | | (iv) are carried or possessed in accordance with |
24 | | the Firearm Concealed Carry Act by a person who has |
25 | | been issued a currently valid license under the Firearm |
26 | | Concealed Carry Act. |
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1 | | A "stun gun or taser", as used in this paragraph (a) |
2 | | means (i) any device
which is powered by electrical |
3 | | charging units, such as, batteries, and
which fires one or |
4 | | several barbs attached to a length of wire and
which, upon |
5 | | hitting a human, can send out a current capable of |
6 | | disrupting
the person's nervous system in such a manner as |
7 | | to render him incapable of
normal functioning or (ii) any |
8 | | device which is powered by electrical
charging units, such |
9 | | as batteries, and which, upon contact with a human or
|
10 | | clothing worn by a human, can send out current capable of |
11 | | disrupting
the person's nervous system in such a manner as |
12 | | to render him incapable
of normal functioning; or
|
13 | | (11) Sells, manufactures or purchases any explosive |
14 | | bullet. For purposes
of this paragraph (a) "explosive |
15 | | bullet" means the projectile portion of
an ammunition |
16 | | cartridge which contains or carries an explosive charge |
17 | | which
will explode upon contact with the flesh of a human |
18 | | or an animal.
"Cartridge" means a tubular metal case having |
19 | | a projectile affixed at the
front thereof and a cap or |
20 | | primer at the rear end thereof, with the
propellant |
21 | | contained in such tube between the projectile and the cap; |
22 | | or
|
23 | | (12) (Blank); or
|
24 | | (13) Carries or possesses on or about his or her person |
25 | | while in a building occupied by a unit of government, a |
26 | | billy club, other weapon of like character, or other |
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1 | | instrument of like character intended for use as a weapon. |
2 | | For the purposes of this Section, "billy club" means a |
3 | | short stick or club commonly carried by police officers |
4 | | which is either telescopic or constructed of a solid piece |
5 | | of wood or other man-made material. |
6 | | (b) Sentence. A person convicted of a violation of |
7 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
8 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
9 | | Class A
misdemeanor.
A person convicted of a violation of |
10 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
11 | | person
convicted of a violation of subsection 24-1(a)(6) or |
12 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
13 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
14 | | Class 2 felony and shall be sentenced to a term of imprisonment |
15 | | of not less than 3 years and not more than 7 years, unless the |
16 | | weapon is possessed in the
passenger compartment of a motor |
17 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
18 | | Code, or on the person, while the weapon is loaded, in which
|
19 | | case it shall be a Class X felony. A person convicted of a
|
20 | | second or subsequent violation of subsection 24-1(a)(4), |
21 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
22 | | felony. The possession of each weapon in violation of this |
23 | | Section constitutes a single and separate violation.
|
24 | | (c) Violations in specific places.
|
25 | | (1) A person who violates subsection 24-1(a)(6) or |
26 | | 24-1(a)(7) in any
school, regardless of the time of day or |
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1 | | the time of year, in residential
property owned, operated |
2 | | or managed by a public housing agency or
leased by
a public |
3 | | housing agency as part of a scattered site or mixed-income
|
4 | | development, in a
public park, in a courthouse, on the real |
5 | | property comprising any school,
regardless of the
time of |
6 | | day or the time of year, on 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,
on the real property comprising |
10 | | any
public park, on the real property comprising any |
11 | | courthouse, in any conveyance
owned, leased or contracted |
12 | | by a school to
transport students to or from school or a |
13 | | school related activity, in any conveyance
owned, leased, |
14 | | or contracted by a public transportation agency, or on any
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15 | | public way within 1,000 feet of the real property |
16 | | comprising any school,
public park, courthouse, public |
17 | | transportation facility, or residential property owned, |
18 | | operated, or managed
by a public housing agency
or leased |
19 | | by a public housing agency as part of a scattered site or
|
20 | | mixed-income development
commits a Class 2 felony and shall |
21 | | be sentenced to a term of imprisonment of not less than 3 |
22 | | years and not more than 7 years.
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23 | | (1.5) A person who violates subsection 24-1(a)(4), |
24 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
25 | | time of day or the time of year,
in residential property |
26 | | owned, operated, or managed by a public
housing
agency
or |
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1 | | leased by a public housing agency as part of a scattered |
2 | | site or
mixed-income development,
in
a public
park, in a |
3 | | courthouse, on the real property comprising any school, |
4 | | regardless
of the time of day or the time of year, on |
5 | | residential property owned,
operated, or managed by a |
6 | | public housing agency
or leased by a public housing agency |
7 | | as part of a scattered site or
mixed-income development,
on |
8 | | the real property
comprising any public park, on the real |
9 | | property comprising any courthouse, in
any conveyance |
10 | | owned, leased, or contracted by a school to transport |
11 | | students
to or from school or a school related activity, in |
12 | | any conveyance
owned, leased, or contracted by a public |
13 | | transportation agency, or on any public way within
1,000 |
14 | | feet of the real property comprising any school, public |
15 | | park, courthouse,
public transportation facility, or |
16 | | residential property owned, operated, or managed by a |
17 | | public
housing agency
or leased by a public housing agency |
18 | | as part of a scattered site or
mixed-income development
|
19 | | commits a Class 3 felony.
|
20 | | (2) A person who violates subsection 24-1(a)(1), |
21 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
22 | | time of day or the time of year, in
residential property |
23 | | owned, operated or managed by a public housing
agency
or |
24 | | leased by a public housing agency as part of a scattered |
25 | | site or
mixed-income development,
in
a public park, in a |
26 | | courthouse, on the real property comprising any school,
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1 | | regardless of the time of day or the time of year, on |
2 | | residential property
owned, operated or managed by a public |
3 | | housing agency
or leased by a public housing agency as part |
4 | | of a scattered site or
mixed-income development,
on the |
5 | | real property
comprising any public park, on the real |
6 | | property comprising any courthouse, in
any conveyance |
7 | | owned, leased or contracted by a school to transport |
8 | | students
to or from school or a school related activity, in |
9 | | any conveyance
owned, leased, or contracted by a public |
10 | | transportation agency, or on any public way within
1,000 |
11 | | feet of the real property comprising any school, public |
12 | | park, courthouse,
public transportation facility, or |
13 | | residential property owned, operated, or managed by a |
14 | | public
housing agency or leased by a public housing agency |
15 | | as part of a scattered
site or mixed-income development |
16 | | commits a Class 4 felony. "Courthouse"
means any building |
17 | | that is used by the Circuit, Appellate, or Supreme Court of
|
18 | | this State for the conduct of official business.
|
19 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
20 | | (c) shall not
apply to law
enforcement officers or security |
21 | | officers of such school, college, or
university or to |
22 | | students carrying or possessing firearms for use in |
23 | | training
courses, parades, hunting, target shooting on |
24 | | school ranges, or otherwise with
the consent of school |
25 | | authorities and which firearms are transported unloaded
|
26 | | enclosed in a suitable case, box, or transportation |
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1 | | package.
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2 | | (4) For the purposes of this subsection (c), "school" |
3 | | means any public or
private elementary or secondary school, |
4 | | community college, college, or
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 |