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Full Text of SB1842  100th General Assembly

SB1842sam001 100TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/4/2017

 

 


 

 


 
10000SB1842sam001LRB100 09933 RLC 24541 a

1
AMENDMENT TO SENATE BILL 1842

2    AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 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

 

 

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1    or her victim;
2        (4) affixes or manipulates a mask, cloth, or garment in
3    order to conceal his or her identity wears a hood, robe, or
4    mask or conceals his or her identity;
5        (5) commits the offense of kidnaping while armed with a
6    dangerous weapon, other than a firearm, as defined in
7    Section 33A-1 of this Code;
8        (6) commits the offense of kidnaping while armed with a
9    firearm;
10        (7) during the commission of the offense of kidnaping,
11    personally discharges a firearm; or
12        (8) during the commission of the offense of kidnaping,
13    personally discharges a firearm that proximately causes
14    great bodily harm, permanent disability, permanent
15    disfigurement, or death to another person.
16    As used in this Section, "ransom" includes money, benefit,
17or other valuable thing or concession.
18    (b) Sentence. Aggravated kidnaping in violation of
19paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
20Class X felony. A violation of subsection (a)(6) is a Class X
21felony for which 15 years shall be added to the term of
22imprisonment imposed by the court. A violation of subsection
23(a)(7) is a Class X felony for which 20 years shall be added to
24the term of imprisonment imposed by the court. A violation of
25subsection (a)(8) is a Class X felony for which 25 years or up
26to a term of natural life shall be added to the term of

 

 

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1imprisonment imposed by the court. An offender under the age of
218 years at the time of the commission of aggravated kidnaping
3in violation of paragraphs (1) through (8) of subsection (a)
4shall be sentenced under Section 5-4.5-105 of the Unified Code
5of Corrections.
6    A person who has attained the age of 18 years at the time
7of the commission of the offense and who is convicted of a
8second or subsequent offense of aggravated kidnaping shall be
9sentenced to a term of natural life imprisonment; except that a
10sentence of natural life imprisonment shall not be imposed
11under this Section unless the second or subsequent offense was
12committed after conviction on the first offense. An offender
13under the age of 18 years at the time of the commission of the
14second or subsequent offense shall be sentenced under Section
155-4.5-105 of the Unified Code of Corrections.
16(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
17eff. 7-28-16.)
 
18    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
19    Sec. 12-2. Aggravated assault.
20    (a) Offense based on location of conduct. A person commits
21aggravated assault when he or she commits an assault against an
22individual who is on or about a public way, public property, a
23public place of accommodation or amusement, or a sports venue.
24    (b) Offense based on status of victim. A person commits
25aggravated assault when, in committing an assault, he or she

 

 

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1knows the individual assaulted to be any of the following:
2        (1) A person with a physical disability or a person 60
3    years of age or older and the assault is without legal
4    justification.
5        (2) A teacher or school employee upon school grounds or
6    grounds adjacent to a school or in any part of a building
7    used for school purposes.
8        (3) A park district employee upon park grounds or
9    grounds adjacent to a park or in any part of a building
10    used for park purposes.
11        (4) A community policing volunteer, private security
12    officer, or utility worker:
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        (4.1) A peace officer, fireman, emergency management
19    worker, or emergency medical services personnel:
20            (i) performing his or her official duties;
21            (ii) assaulted to prevent performance of his or her
22        official duties; or
23            (iii) assaulted in retaliation for performing his
24        or her official duties.
25        (5) A correctional officer or probation officer:
26            (i) performing his or her official duties;

 

 

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1            (ii) assaulted to prevent performance of his or her
2        official duties; or
3            (iii) assaulted in retaliation for performing his
4        or her official duties.
5        (6) A correctional institution employee, a county
6    juvenile detention center employee who provides direct and
7    continuous supervision of residents of a juvenile
8    detention center, including a county juvenile detention
9    center employee who supervises recreational activity for
10    residents of a juvenile detention center, or a Department
11    of Human Services employee, Department of Human Services
12    officer, or employee of a subcontractor of the Department
13    of Human Services supervising or controlling sexually
14    dangerous persons or sexually violent persons:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (7) An employee of the State of Illinois, a municipal
21    corporation therein, or a political subdivision thereof,
22    performing his or her official duties.
23        (8) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (9) A sports official or coach actively participating
26    in any level of athletic competition within a sports venue,

 

 

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1    on an indoor playing field or outdoor playing field, or
2    within the immediate vicinity of such a facility or field.
3        (10) A person authorized to serve process under Section
4    2-202 of the Code of Civil Procedure or a special process
5    server appointed by the circuit court, while that
6    individual is in the performance of his or her duties as a
7    process server.
8    (c) Offense based on use of firearm, device, or motor
9vehicle. A person commits aggravated assault when, in
10committing an assault, he or she does any of the following:
11        (1) Uses a deadly weapon, an air rifle as defined in
12    Section 24.8-0.1 of this Act, or any device manufactured
13    and designed to be substantially similar in appearance to a
14    firearm, other than by discharging a firearm.
15        (2) Discharges a firearm, other than from a motor
16    vehicle.
17        (3) Discharges a firearm from a motor vehicle.
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 to conceal his or her identity.
21        (5) Knowingly and without lawful justification shines
22    or flashes a laser gun sight or other laser device attached
23    to a firearm, or used in concert with a firearm, so that
24    the laser beam strikes near or in the immediate vicinity of
25    any person.
26        (6) Uses a firearm, other than by discharging the

 

 

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1    firearm, against a peace officer, community policing
2    volunteer, fireman, private security officer, emergency
3    management worker, emergency medical services personnel,
4    employee of a police department, employee of a sheriff's
5    department, or traffic control municipal employee:
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        (7) Without justification operates a motor vehicle in a
12    manner which places a person, other than a person listed in
13    subdivision (b)(4), in reasonable apprehension of being
14    struck by the moving motor vehicle.
15        (8) Without justification operates a motor vehicle in a
16    manner which places a person listed in subdivision (b)(4),
17    in reasonable apprehension of being struck by the moving
18    motor vehicle.
19        (9) Knowingly video or audio records the offense with
20    the intent to disseminate the recording.
21    (d) Sentence. Aggravated assault as defined in subdivision
22(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
23(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
24aggravated assault as defined in subdivision (b)(4) and (b)(7)
25is a Class 4 felony if a Category I, Category II, or Category
26III weapon is used in the commission of the assault. Aggravated

 

 

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1assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
2(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
3Aggravated assault as defined in subdivision (c)(3) or (c)(8)
4is a Class 3 felony.
5    (e) For the purposes of this Section, "Category I weapon",
6"Category II weapon, and "Category III weapon" have the
7meanings ascribed to those terms in Section 33A-1 of this Code.
8(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
9eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
1099-816, eff. 8-15-16.)
 
11    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
12    Sec. 12-3.05. Aggravated battery.
13    (a) Offense based on injury. A person commits aggravated
14battery when, in committing a battery, other than by the
15discharge of a firearm, he or she knowingly does any of the
16following:
17        (1) Causes great bodily harm or permanent disability or
18    disfigurement.
19        (2) Causes severe and permanent disability, great
20    bodily harm, or disfigurement by means of a caustic or
21    flammable substance, a poisonous gas, a deadly biological
22    or chemical contaminant or agent, a radioactive substance,
23    or a bomb or explosive compound.
24        (3) Causes great bodily harm or permanent disability or
25    disfigurement to an individual whom the person knows to be

 

 

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1    a peace officer, community policing volunteer, fireman,
2    private security officer, correctional institution
3    employee, or Department of Human Services employee
4    supervising or controlling sexually dangerous persons or
5    sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (4) Causes great bodily harm or permanent disability or
12    disfigurement to an individual 60 years of age or older.
13        (5) Strangles another individual.
14    (b) Offense based on injury to a child or person with an
15intellectual disability. A person who is at least 18 years of
16age commits aggravated battery when, in committing a battery,
17he or she knowingly and without legal justification by any
18means:
19        (1) causes great bodily harm or permanent disability or
20    disfigurement to any child under the age of 13 years, or to
21    any person with a severe or profound intellectual
22    disability; or
23        (2) causes bodily harm or disability or disfigurement
24    to any child under the age of 13 years or to any person
25    with a severe or profound intellectual disability.
26    (c) Offense based on location of conduct. A person commits

 

 

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1aggravated battery when, in committing a battery, other than by
2the discharge of a firearm, he or she is or the person battered
3is on or about a public way, public property, a public place of
4accommodation or amusement, a sports venue, or a domestic
5violence shelter.
6    (d) Offense based on status of victim. A person commits
7aggravated battery when, in committing a battery, other than by
8discharge of a firearm, he or she knows the individual battered
9to be any of the following:
10        (1) A person 60 years of age or older.
11        (2) A person who is pregnant or has a physical
12    disability.
13        (3) A teacher or school employee upon school grounds or
14    grounds adjacent to a school or in any part of a building
15    used for school purposes.
16        (4) A peace officer, community policing volunteer,
17    fireman, private security officer, correctional
18    institution employee, or Department of Human Services
19    employee supervising or controlling sexually dangerous
20    persons or sexually violent persons:
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        (5) A judge, emergency management worker, emergency

 

 

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1    medical services personnel, or utility worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (6) An officer or employee of the State of Illinois, a
8    unit of local government, or a school district, while
9    performing his or her official duties.
10        (7) A transit employee performing his or her official
11    duties, or a transit passenger.
12        (8) A taxi driver on duty.
13        (9) A merchant who detains the person for an alleged
14    commission of retail theft under Section 16-26 of this Code
15    and the person without legal justification by any means
16    causes bodily harm to the merchant.
17        (10) A person authorized to serve process under Section
18    2-202 of the Code of Civil Procedure or a special process
19    server appointed by the circuit court while that individual
20    is in the performance of his or her duties as a process
21    server.
22        (11) A nurse while in the performance of his or her
23    duties as a nurse.
24    (e) Offense based on use of a firearm. A person commits
25aggravated battery when, in committing a battery, he or she
26knowingly does any of the following:

 

 

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1        (1) Discharges a firearm, other than a machine gun or a
2    firearm equipped with a silencer, and causes any injury to
3    another person.
4        (2) Discharges a firearm, other than a machine gun or a
5    firearm equipped with a silencer, and causes any injury to
6    a person he or she knows to be a peace officer, community
7    policing volunteer, person summoned by a police officer,
8    fireman, private security officer, correctional
9    institution employee, or emergency management worker:
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        (3) Discharges a firearm, other than a machine gun or a
16    firearm equipped with a silencer, and causes any injury to
17    a person he or she knows to be emergency medical services
18    personnel:
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        (4) Discharges a firearm and causes any injury to a
25    person he or she knows to be a teacher, a student in a
26    school, or a school employee, and the teacher, student, or

 

 

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1    employee is upon school grounds or grounds adjacent to a
2    school or in any part of a building used for school
3    purposes.
4        (5) Discharges a machine gun or a firearm equipped with
5    a silencer, and causes any injury to another person.
6        (6) Discharges a machine gun or a firearm equipped with
7    a silencer, and causes any injury to a person he or she
8    knows to be a peace officer, community policing volunteer,
9    person summoned by a police officer, fireman, private
10    security officer, correctional institution employee or
11    emergency management worker:
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        (7) Discharges a machine gun or a firearm equipped with
18    a silencer, and causes any injury to a person he or she
19    knows to be emergency medical services personnel:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (8) 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 teacher, or a student in a school, or a
2    school employee, and the teacher, student, or employee is
3    upon school grounds or grounds adjacent to a school or in
4    any part of a building used for school purposes.
5    (f) Offense based on use of a weapon or device. A person
6commits aggravated battery when, in committing a battery, he or
7she does any of the following:
8        (1) Uses a deadly weapon other than by discharge of a
9    firearm, or uses an air rifle as defined in Section
10    24.8-0.1 of this Code.
11        (2) 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        (3) Knowingly and without lawful justification shines
15    or flashes a laser gunsight or other laser device attached
16    to a firearm, or used in concert with a firearm, so that
17    the laser beam strikes upon or against the person of
18    another.
19        (4) Knowingly video or audio records the offense with
20    the intent to disseminate the recording.
21    (g) Offense based on certain conduct. A person commits
22aggravated battery when, other than by discharge of a firearm,
23he or she does any of the following:
24        (1) Violates Section 401 of the Illinois Controlled
25    Substances Act by unlawfully delivering a controlled
26    substance to another and any user experiences great bodily

 

 

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1    harm or permanent disability as a result of the injection,
2    inhalation, or ingestion of any amount of the controlled
3    substance.
4        (2) Knowingly administers to an individual or causes
5    him or her to take, without his or her consent or by threat
6    or deception, and for other than medical purposes, any
7    intoxicating, poisonous, stupefying, narcotic, anesthetic,
8    or controlled substance, or gives to another person any
9    food containing any substance or object intended to cause
10    physical injury if eaten.
11        (3) Knowingly causes or attempts to cause a
12    correctional institution employee or Department of Human
13    Services employee to come into contact with blood, seminal
14    fluid, urine, or feces by throwing, tossing, or expelling
15    the fluid or material, and the person is an inmate of a
16    penal institution or is a sexually dangerous person or
17    sexually violent person in the custody of the Department of
18    Human Services.
19    (h) Sentence. Unless otherwise provided, aggravated
20battery is a Class 3 felony.
21    Aggravated battery as defined in subdivision (a)(4),
22(d)(4), or (g)(3) is a Class 2 felony.
23    Aggravated battery as defined in subdivision (a)(3) or
24(g)(1) is a Class 1 felony.
25    Aggravated battery as defined in subdivision (a)(1) is a
26Class 1 felony when the aggravated battery was intentional and

 

 

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1involved the infliction of torture, as defined in paragraph
2(14) of subsection (b) of Section 9-1 of this Code, as the
3infliction of or subjection to extreme physical pain, motivated
4by an intent to increase or prolong the pain, suffering, or
5agony of the victim.
6    Aggravated battery under subdivision (a)(5) is a Class 1
7felony if:
8        (A) the person used or attempted to use a dangerous
9    instrument while committing the offense; or
10        (B) the person caused great bodily harm or permanent
11    disability or disfigurement to the other person while
12    committing the offense; or
13        (C) the person has been previously convicted of a
14    violation of subdivision (a)(5) under the laws of this
15    State or laws similar to subdivision (a)(5) of any other
16    state.
17    Aggravated battery as defined in subdivision (e)(1) is a
18Class X felony.
19    Aggravated battery as defined in subdivision (a)(2) is a
20Class X felony for which a person shall be sentenced to a term
21of imprisonment of a minimum of 6 years and a maximum of 45
22years.
23    Aggravated battery as defined in subdivision (e)(5) is a
24Class X felony for which a person shall be sentenced to a term
25of imprisonment of a minimum of 12 years and a maximum of 45
26years.

 

 

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1    Aggravated battery as defined in subdivision (e)(2),
2(e)(3), or (e)(4) is a Class X felony for which a person shall
3be sentenced to a term of imprisonment of a minimum of 15 years
4and a maximum of 60 years.
5    Aggravated battery as defined in subdivision (e)(6),
6(e)(7), or (e)(8) is a Class X felony for which a person shall
7be sentenced to a term of imprisonment of a minimum of 20 years
8and a maximum of 60 years.
9    Aggravated battery as defined in subdivision (b)(1) is a
10Class X felony, except that:
11        (1) if the person committed the offense while armed
12    with a firearm, 15 years shall be added to the term of
13    imprisonment imposed by the court;
14        (2) if, during the commission of the offense, the
15    person personally discharged a firearm, 20 years shall be
16    added to the term of imprisonment imposed by the court;
17        (3) if, during the commission of the offense, the
18    person personally discharged a firearm that proximately
19    caused great bodily harm, permanent disability, permanent
20    disfigurement, or death to another person, 25 years or up
21    to a term of natural life shall be added to the term of
22    imprisonment imposed by the court.
23    (i) Definitions. For the purposes of this Section:
24    "Building or other structure used to provide shelter" has
25the meaning ascribed to "shelter" in Section 1 of the Domestic
26Violence Shelters Act.

 

 

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1    "Domestic violence" has the meaning ascribed to it in
2Section 103 of the Illinois Domestic Violence Act of 1986.
3    "Domestic violence shelter" means any building or other
4structure used to provide shelter or other services to victims
5or to the dependent children of victims of domestic violence
6pursuant to the Illinois Domestic Violence Act of 1986 or the
7Domestic Violence Shelters Act, or any place within 500 feet of
8such a building or other structure in the case of a person who
9is going to or from such a building or other structure.
10    "Firearm" has the meaning provided under Section 1.1 of the
11Firearm Owners Identification Card Act, and does not include an
12air rifle as defined by Section 24.8-0.1 of this Code.
13    "Machine gun" has the meaning ascribed to it in Section
1424-1 of this Code.
15    "Merchant" has the meaning ascribed to it in Section 16-0.1
16of this Code.
17    "Strangle" means intentionally impeding the normal
18breathing or circulation of the blood of an individual by
19applying pressure on the throat or neck of that individual or
20by blocking the nose or mouth of that individual.
21(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
22eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
23    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
24    Sec. 24-1. Unlawful use of weapons.
25    (a) A person commits the offense of unlawful use of weapons

 

 

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1when he knowingly:
2        (1) Sells, manufactures, purchases, possesses or
3    carries any bludgeon, black-jack, slung-shot, sand-club,
4    sand-bag, metal knuckles or other knuckle weapon
5    regardless of its composition, throwing star, or any knife,
6    commonly referred to as a switchblade knife, which has a
7    blade that opens automatically by hand pressure applied to
8    a button, spring or other device in the handle of the
9    knife, or a ballistic knife, which is a device that propels
10    a knifelike blade as a projectile by means of a coil
11    spring, elastic material or compressed gas; or
12        (2) Carries or possesses with intent to use the same
13    unlawfully against another, a dagger, dirk, billy,
14    dangerous knife, razor, stiletto, broken bottle or other
15    piece of glass, stun gun or taser or any other dangerous or
16    deadly weapon or instrument of like character; or
17        (3) Carries on or about his person or in any vehicle, a
18    tear gas gun projector or bomb or any object containing
19    noxious liquid gas or substance, other than an object
20    containing a non-lethal noxious liquid gas or substance
21    designed solely for personal defense carried by a person 18
22    years of age or older; or
23        (4) Carries or possesses in any vehicle or concealed on
24    or about his person except when on his land or in his own
25    abode, legal dwelling, or fixed place of business, or on
26    the land or in the legal dwelling of another person as an

 

 

10000SB1842sam001- 20 -LRB100 09933 RLC 24541 a

1    invitee with that person's permission, any pistol,
2    revolver, stun gun or taser or other firearm, except that
3    this subsection (a) (4) does not apply to or affect
4    transportation of weapons that meet one of the following
5    conditions:
6            (i) are broken down in a non-functioning state; or
7            (ii) are not immediately accessible; or
8            (iii) are unloaded and enclosed in a case, firearm
9        carrying box, shipping box, or other container by a
10        person who has been issued a currently valid Firearm
11        Owner's Identification Card; or
12            (iv) are carried or possessed in accordance with
13        the Firearm Concealed Carry Act by a person who has
14        been issued a currently valid license under the Firearm
15        Concealed Carry Act; or
16        (5) Sets a spring gun; or
17        (6) Possesses any device or attachment of any kind
18    designed, used or intended for use in silencing the report
19    of any firearm; or
20        (7) Sells, manufactures, purchases, possesses or
21    carries:
22            (i) a machine gun, which shall be defined for the
23        purposes of this subsection as any weapon, which
24        shoots, is designed to shoot, or can be readily
25        restored to shoot, automatically more than one shot
26        without manually reloading by a single function of the

 

 

10000SB1842sam001- 21 -LRB100 09933 RLC 24541 a

1        trigger, including the frame or receiver of any such
2        weapon, or sells, manufactures, purchases, possesses,
3        or carries any combination of parts designed or
4        intended for use in converting any weapon into a
5        machine gun, or any combination or parts from which a
6        machine gun can be assembled if such parts are in the
7        possession or under the control of a person;
8            (ii) any rifle having one or more barrels less than
9        16 inches in length or a shotgun having one or more
10        barrels less than 18 inches in length or any weapon
11        made from a rifle or shotgun, whether by alteration,
12        modification, or otherwise, if such a weapon as
13        modified has an overall length of less than 26 inches;
14        or
15            (iii) any bomb, bomb-shell, grenade, bottle or
16        other container containing an explosive substance of
17        over one-quarter ounce for like purposes, such as, but
18        not limited to, black powder bombs and Molotov
19        cocktails or artillery projectiles; or
20        (8) Carries or possesses any firearm, stun gun or taser
21    or other deadly weapon in any place which is licensed to
22    sell intoxicating beverages, or at any public gathering
23    held pursuant to a license issued by any governmental body
24    or any public gathering at which an admission is charged,
25    excluding a place where a showing, demonstration or lecture
26    involving the exhibition of unloaded firearms is

 

 

10000SB1842sam001- 22 -LRB100 09933 RLC 24541 a

1    conducted.
2        This subsection (a)(8) does not apply to any auction or
3    raffle of a firearm held pursuant to a license or permit
4    issued by a governmental body, nor does it apply to persons
5    engaged in firearm safety training courses; or
6        (9) Carries or possesses in a vehicle or on or about
7    his person any pistol, revolver, stun gun or taser or
8    firearm or ballistic knife, when he or she affixes or
9    manipulates a mask, cloth, or garment in order to conceal
10    his or her identity is hooded, robed or masked in such
11    manner as to conceal his identity; or
12        (10) Carries or possesses on or about his person, upon
13    any public street, alley, or other public lands within the
14    corporate limits of a city, village or incorporated town,
15    except when an invitee thereon or therein, for the purpose
16    of the display of such weapon or the lawful commerce in
17    weapons, or except when on his land or in his own abode,
18    legal dwelling, or fixed place of business, or on the land
19    or in the legal dwelling of another person as an invitee
20    with that person's permission, any pistol, revolver, stun
21    gun or taser or other firearm, except that this subsection
22    (a) (10) does not apply to or affect transportation of
23    weapons that meet one of the following conditions:
24            (i) are broken down in a non-functioning state; or
25            (ii) are not immediately accessible; or
26            (iii) are unloaded and enclosed in a case, firearm

 

 

10000SB1842sam001- 23 -LRB100 09933 RLC 24541 a

1        carrying box, shipping box, or other container by a
2        person who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the Firearm
7        Concealed Carry Act.
8        A "stun gun or taser", as used in this paragraph (a)
9    means (i) any device which is powered by electrical
10    charging units, such as, batteries, and which fires one or
11    several barbs attached to a length of wire and which, upon
12    hitting a human, can send out a current capable of
13    disrupting the person's nervous system in such a manner as
14    to render him incapable of normal functioning or (ii) any
15    device which is powered by electrical charging units, such
16    as batteries, and which, upon contact with a human or
17    clothing worn by a human, can send out current capable of
18    disrupting the person's nervous system in such a manner as
19    to render him incapable of normal functioning; or
20        (11) Sells, manufactures or purchases any explosive
21    bullet. For purposes of this paragraph (a) "explosive
22    bullet" means the projectile portion of an ammunition
23    cartridge which contains or carries an explosive charge
24    which will explode upon contact with the flesh of a human
25    or an animal. "Cartridge" means a tubular metal case having
26    a projectile affixed at the front thereof and a cap or

 

 

10000SB1842sam001- 24 -LRB100 09933 RLC 24541 a

1    primer at the rear end thereof, with the propellant
2    contained in such tube between the projectile and the cap;
3    or
4        (12) (Blank); or
5        (13) Carries or possesses on or about his or her person
6    while in a building occupied by a unit of government, a
7    billy club, other weapon of like character, or other
8    instrument of like character intended for use as a weapon.
9    For the purposes of this Section, "billy club" means a
10    short stick or club commonly carried by police officers
11    which is either telescopic or constructed of a solid piece
12    of wood or other man-made material.
13    (b) Sentence. A person convicted of a violation of
14subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
15subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
16Class A misdemeanor. A person convicted of a violation of
17subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
18person convicted of a violation of subsection 24-1(a)(6) or
1924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
20convicted of a violation of subsection 24-1(a)(7)(i) commits a
21Class 2 felony and shall be sentenced to a term of imprisonment
22of not less than 3 years and not more than 7 years, unless the
23weapon is possessed in the passenger compartment of a motor
24vehicle as defined in Section 1-146 of the Illinois Vehicle
25Code, or on the person, while the weapon is loaded, in which
26case it shall be a Class X felony. A person convicted of a

 

 

10000SB1842sam001- 25 -LRB100 09933 RLC 24541 a

1second or subsequent violation of subsection 24-1(a)(4),
224-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
3felony. The possession of each weapon in violation of this
4Section constitutes a single and separate violation.
5    (c) Violations in specific places.
6        (1) A person who violates subsection 24-1(a)(6) or
7    24-1(a)(7) in any school, regardless of the time of day or
8    the time of year, in residential property owned, operated
9    or managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, in a public park, in a courthouse, on the real
12    property comprising any school, regardless of the time of
13    day or the time of year, on 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, on the real property comprising
17    any public park, on the real property comprising any
18    courthouse, in any conveyance owned, leased or contracted
19    by a school to transport students to or from school or a
20    school related activity, in any conveyance owned, leased,
21    or contracted by a public transportation agency, or on any
22    public way within 1,000 feet of the real property
23    comprising any school, public park, courthouse, public
24    transportation facility, or residential property owned,
25    operated, or managed by a public housing agency or leased
26    by a public housing agency as part of a scattered site or

 

 

10000SB1842sam001- 26 -LRB100 09933 RLC 24541 a

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

 

 

10000SB1842sam001- 27 -LRB100 09933 RLC 24541 a

1        (2) A person who violates subsection 24-1(a)(1),
2    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
9    residential property owned, operated or managed by a public
10    housing agency or leased by a public housing agency as part
11    of a scattered site or mixed-income development, on the
12    real property comprising any public park, on the real
13    property comprising any courthouse, in any conveyance
14    owned, leased or contracted by a school to transport
15    students to or from school or a school related activity, in
16    any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
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
23    commits a Class 4 felony. "Courthouse" means any building
24    that is used by the Circuit, Appellate, or Supreme Court of
25    this State for the conduct of official business.
26        (3) Paragraphs (1), (1.5), and (2) of this subsection

 

 

10000SB1842sam001- 28 -LRB100 09933 RLC 24541 a

1    (c) shall not apply to law enforcement officers or security
2    officers of such school, college, or university or to
3    students carrying or possessing firearms for use in
4    training courses, parades, hunting, target shooting on
5    school ranges, or otherwise with the consent of school
6    authorities and which firearms are transported unloaded
7    enclosed in a suitable case, box, or transportation
8    package.
9        (4) For the purposes of this subsection (c), "school"
10    means any public or private elementary or secondary school,
11    community college, college, or university.
12        (5) For the purposes of this subsection (c), "public
13    transportation agency" means a public or private agency
14    that provides for the transportation or conveyance of
15    persons by means available to the general public, except
16    for transportation by automobiles not used for conveyance
17    of the general public as passengers; and "public
18    transportation facility" means a terminal or other place
19    where one may obtain public transportation.
20    (d) The presence in an automobile other than a public
21omnibus of any weapon, instrument or substance referred to in
22subsection (a)(7) is prima facie evidence that it is in the
23possession of, and is being carried by, all persons occupying
24such automobile at the time such weapon, instrument or
25substance is found, except under the following circumstances:
26(i) if such weapon, instrument or instrumentality is found upon

 

 

10000SB1842sam001- 29 -LRB100 09933 RLC 24541 a

1the person of one of the occupants therein; or (ii) if such
2weapon, instrument or substance is found in an automobile
3operated for hire by a duly licensed driver in the due, lawful
4and proper pursuit of his trade, then such presumption shall
5not apply to the driver.
6    (e) Exemptions. Crossbows, Common or Compound bows and
7Underwater Spearguns are exempted from the definition of
8ballistic knife as defined in paragraph (1) of subsection (a)
9of this Section.
10(Source: P.A. 99-29, eff. 7-10-15.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".