State of Illinois
91st General Assembly
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Public Act 91-0673

SB847 Re-enrolled                             SDS/910003/CTdo

    AN ACT in  relation  to  various  offenses  committed  on
properties leased by public housing agencies.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Juvenile Court Act of 1987 is amended  by
changing Section 5-130 as follows:

    (705 ILCS 405/5-130)
    Sec.  5-130.  Excluded jurisdiction.
    (1) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  an  offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal  sexual
assault,  armed  robbery when the armed robbery was committed
with a firearm, or aggravated vehicular  hijacking  when  the
hijacking was committed with a firearm. These charges and all
other  charges  arising  out  of  the  same incident shall be
prosecuted under the criminal laws of this State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's  Attorney
may  proceed  on  any  lesser  charge or charges, but only in
Juvenile Court under the provisions  of  this  Article.   The
State's  Attorney may proceed under the Criminal Code of 1961
on a lesser  charge  if  before  trial  the  minor  defendant
knowingly  and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If  before  trial  or  plea   an   information   or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (1)  and
additional  charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall  be
prosecuted under the Criminal Code of 1961.
    (c) (i)  If after trial or plea the minor is convicted of
any  offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed  for  that  offense  under
Chapter V of the Unified Code of Corrections.
    (ii)  If  after  trial  or  plea the court finds that the
minor committed an offense not covered by  paragraph  (a)  of
this  subsection  (1),  that finding shall not invalidate the
verdict or the prosecution of the minor  under  the  criminal
laws  of  the  State;   however,  unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must  proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing,  the State must file a written motion within 10 days
following the entry of a finding or the return of a  verdict.
Reasonable  notice  of the motion shall be given to the minor
or his or her counsel.  If the motion is made by  the  State,
the  court shall conduct a hearing to determine if  the minor
should be sentenced under Chapter V of the  Unified  Code  of
Corrections.   In  making  its determination, the court shall
consider among other matters: (a) whether there  is  evidence
that   the   offense  was  committed  in  an  aggressive  and
premeditated manner; (b)  the  age  of  the  minor;  (c)  the
previous   history  of  the  minor;  (d)  whether  there  are
facilities particularly available to the  Juvenile  Court  or
the  Department  of  Corrections,  Juvenile Division, for the
treatment and rehabilitation of the minor;  (e)  whether  the
security of the public requires sentencing under Chapter V of
the  Unified  Code  of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the  offense.   The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then  the  court  shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
    (2) (a)  The  definition  of  a  delinquent  minor  under
Section 5-120 of this Article shall not apply  to  any  minor
who  at  the time of the offense was at least 15 years of age
and who is charged with an offense under Section 401  of  the
Illinois  Controlled  Substances  Act,  while  in  a  school,
regardless  of  the  time  of day or the time of year, or any
conveyance  owned,  leased  or  contracted  by  a  school  to
transport students to or from  school  or  a  school  related
activity,  or  residential  property  owned,  operated or and
managed by a public housing agency  or  leased  by  a  public
housing  agency  as  part of a scattered site or mixed-income
development, on the  real  property  comprising  any  school,
regardless  of  the  time  of  day  or  the  time of year, or
residential property owned, operated  or  and  managed  by  a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development, or on a
public  way within 1,000 feet of the real property comprising
any school, regardless of the time of  day  or  the  time  of
year,  or residential property owned, operated or and managed
by a public housing agency or  leased  by  a  public  housing
agency   as   part   of  a  scattered  site  or  mixed-income
development. School is defined,  for  the  purposes  of  this
Section,  as  any  public  or private elementary or secondary
school, community college, college,  or  university.    These
charges  and  all  other  charges  arising  out  of  the same
incident shall be prosecuted under the criminal laws of  this
State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in  paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (2)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (2),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (2), that finding shall  not  invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of the State;  however,  unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing, the State must file a written motion within 10  days
following  the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to  the  minor
or  his  or her counsel.  If the motion is made by the State,
the court shall conduct a hearing to determine if  the  minor
should  be  sentenced  under Chapter V of the Unified Code of
Corrections.  In making its determination,  the  court  shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the  minor; (c) the
previous  history  of  the  minor;  (d)  whether  there   are
facilities  particularly  available  to the Juvenile Court or
the Department of Corrections,  Juvenile  Division,  for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (3) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph  (1),
(3),  (4),  or  (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day  or  the  time  of  year,  or  on  the  real  property
comprising  any  school, regardless of the time of day or the
time of year. School is defined, for purposes of this Section
as any public or  private  elementary  or  secondary  school,
community  college, college, or university. These charges and
all other charges arising out of the same incident  shall  be
prosecuted under the criminal laws of this State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in  paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (3)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (3),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (3), that finding shall  not  invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of the State;  however,  unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing, the State must file a written motion within 10  days
following  the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to  the  minor
or  his  or her counsel.  If the motion is made by the State,
the court shall conduct a hearing to determine if  the  minor
should  be  sentenced  under Chapter V of the Unified Code of
Corrections.  In making its determination,  the  court  shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the  minor; (c) the
previous  history  of  the  minor;  (d)  whether  there   are
facilities  particularly  available  to the Juvenile Court or
the Department of Corrections,  Juvenile  Division,  for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (4) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  an  offense was at least 13 years of age and who is
charged with first degree murder committed during the  course
of either aggravated criminal sexual assault, criminal sexual
assault,  or  aggravated kidnaping.  However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions  of  the
Criminal Code of 1961.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment  is filed that does not charge first degree murder
committed during the course  of  aggravated  criminal  sexual
assault,  criminal  sexual  assault, or aggravated kidnaping,
the State's Attorney may proceed  on  any  lesser  charge  or
charges,  but  only in Juvenile Court under the provisions of
this Article.  The State's Attorney  may  proceed  under  the
criminal  laws  of  this  State  on a lesser charge if before
trial the  minor  defendant  knowingly  and  with  advice  of
counsel  waives,  in  writing,  his  or her right to have the
matter proceed in Juvenile Court.
    (ii)  If  before  trial  or  plea   an   information   or
indictment   is  filed  that  includes  first  degree  murder
committed during the course  of  aggravated  criminal  sexual
assault,  criminal  sexual  assault, or aggravated kidnaping,
and additional charges that are not  specified  in  paragraph
(a) of this subsection, all of the charges arising out of the
same  incident shall be prosecuted under the criminal laws of
this State.
    (c) (i)  If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal  sexual  assault,  criminal   sexual   assault,   or
aggravated  kidnaping,  in  sentencing  the  minor, the court
shall have available any or all dispositions  prescribed  for
that  offense  under  Chapter  V   of  the  Unified  Code  of
Corrections.
    (ii)  If  the  minor  was  not yet 15 years of age at the
time of the offense, and if after trial  or  plea  the  court
finds  that  the  minor committed an offense other than first
degree  murder  committed  during  the   course   of   either
aggravated  criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, the finding  shall  not  invalidate
the  verdict  or  the  prosecution  of  the  minor  under the
criminal  laws  of  the  State;  however,  unless  the  State
requests a hearing for the purpose of  sentencing  the  minor
under Chapter V of the Unified Code of Corrections, the Court
must  proceed under Sections 5-705 and 5-710 of this Article.
To request a hearing, the State must file  a  written  motion
within 10 days following the entry of a finding or the return
of a verdict.  Reasonable notice of the motion shall be given
to the minor or his or her counsel.  If the motion is made by
the  State,  the  court  shall conduct a hearing to determine
whether the minor should be sentenced under Chapter V of  the
Unified  Code  of  Corrections.  In making its determination,
the court shall consider among other  matters:   (a)  whether
there  is  evidence  that  the  offense  was  committed in an
aggressive and premeditated  manner;   (b)  the  age  of  the
minor;   (c)  the  previous  delinquent history of the minor;
(d) whether there are facilities  particularly  available  to
the Juvenile Court or the Department of Corrections, Juvenile
Division,  for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and  the  security
of  the  public  require  sentencing  under  Chapter V of the
Unified Code of  Corrections;   and  (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (5) (a)  The definition of delinquent minor under Section
5-120  of  this  Article  shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor  is
subject  to prosecution under the criminal laws of this State
as a result of the application of the provisions  of  Section
5-125,  or  subsection  (1)  or  (2)  of this Section.  These
charges and  all  other  charges  arising  out  of  the  same
incident  shall be prosecuted under the criminal laws of this
State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (5)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (5),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V  of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of this State;  however, unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request  a
hearing,  the State must file a written motion within 10 days
following the entry of a finding or the return of a  verdict.
Reasonable  notice  of the motion shall be given to the minor
or his or her counsel.  If the motion is made by  the  State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections.  In making its determination, the court shall
consider  among other matters:  (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;   (b)  the  age  of the minor;  (c) the
previous delinquent history of the minor;  (d) whether  there
are  facilities  particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for  the
treatment  and  rehabilitation of the minor;  (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections;  and (f) whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (6)  The  definition  of  delinquent  minor under Section
5-120 of this Article shall  not  apply  to  any  minor  who,
pursuant  to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the  jurisdiction  of
the criminal court and has been convicted of a crime under an
adult  criminal  or  penal  statute.  Such  a  minor shall be
subject to prosecution under the criminal laws of this State.
    (7)  The procedures set  out  in  this  Article  for  the
investigation,  arrest  and prosecution of juvenile offenders
shall not apply to minors who are excluded from  jurisdiction
of  the  Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
    (8)  Nothing  in  this  Act  prohibits  or   limits   the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
    (9)  If an original petition for adjudication of wardship
alleges  the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her  counsel,  may,  at
any  time  before  commencement  of the adjudicatory hearing,
file with the court a motion  that  criminal  prosecution  be
ordered and that the petition be dismissed insofar as the act
or  acts  involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(Source: P.A. 90-590, eff. 1-1-99.)

    Section 10.  The Criminal Code  of  1961  is  amended  by
changing Sections 24-1 and 24-3, and 24-3.3 as follows:

    (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful Use of Weapons.
    (a)  A  person  commits  the  offense  of unlawful use of
weapons when he knowingly:

         (1)  Sells, manufactures,  purchases,  possesses  or
    carries  any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles, throwing star,  or  any  knife,
    commonly  referred to as a switchblade knife, which has a
    blade that opens automatically by hand  pressure  applied
    to  a button, spring or other device in the handle of the
    knife, or a ballistic  knife,  which  is  a  device  that
    propels  a  knifelike blade as a projectile by means of a
    coil spring, elastic material or compressed gas; or
         (2)  Carries or possesses with  intent  to  use  the
    same  unlawfully  against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or  other
    piece  of glass, stun gun or taser or any other dangerous
    or deadly weapon or instrument of like character; or
         (3)  Carries on  or  about  his  person  or  in  any
    vehicle,  a  tear gas gun projector or bomb or any object
    containing noxious liquid gas or substance, other than an
    object containing a  non-lethal  noxious  liquid  gas  or
    substance designed solely for personal defense carried by
    a person 18 years of age or older; or
         (4)  Carries   or   possesses   in  any  vehicle  or
    concealed on or about his person except when on his  land
    or  in  his  own  abode  or  fixed  place of business any
    pistol, revolver, stun gun or taser or other firearm; or
         (5)  Sets a spring gun; or
         (6)  Possesses any device or attachment of any  kind
    designed,  used  or  intended  for  use  in silencing the
    report of any firearm; or
         (7)  Sells, manufactures,  purchases,  possesses  or
    carries:
              (i)  a  machine gun, which shall be defined for
         the purposes of this subsection as any weapon, which
         shoots, is designed to  shoot,  or  can  be  readily
         restored  to shoot, automatically more than one shot
         without manually reloading by a single  function  of
         the  trigger, including the frame or receiver of any
         such  weapon,  or  sells,  manufactures,  purchases,
         possesses,  or  carries  any  combination  of  parts
         designed or  intended  for  use  in  converting  any
         weapon  into  a  machine  gun, or any combination or
         parts from which a machine gun can be  assembled  if
         such  parts  are  in  the  possession  or  under the
         control of a person;
              (ii)  any rifle having one or more barrels less
         than 16 inches in length or a shotgun having one  or
         more  barrels  less  than 18 inches in length or any
         weapon made from a  rifle  or  shotgun,  whether  by
         alteration,  modification,  or  otherwise, if such a
         weapon as modified has an  overall  length  of  less
         than 26 inches; or
              (iii)  any bomb, bomb-shell, grenade, bottle or
         other container containing an explosive substance of
         over  one-quarter  ounce for like purposes, such as,
         but not limited to, black powder bombs  and  Molotov
         cocktails or artillery projectiles; or
         (8)  Carries  or  possesses any firearm, stun gun or
    taser or other  deadly  weapon  in  any  place  which  is
    licensed to sell intoxicating beverages, or at any public
    gathering  held  pursuant  to  a  license  issued  by any
    governmental body or any public  gathering  at  which  an
    admission  is charged, excluding a place where a showing,
    demonstration or  lecture  involving  the  exhibition  of
    unloaded firearms is conducted; or
         (9)  Carries  or  possesses  in  a  vehicle or on or
    about his person any pistol, revolver, stun gun or  taser
    or  firearm  or ballistic knife, when he is hooded, robed
    or masked in such manner as to conceal his identity; or
         (10)  Carries or possesses on or about  his  person,
    upon  any  public  street,  alley,  or other public lands
    within  the  corporate  limits  of  a  city,  village  or
    incorporated town, except  when  an  invitee  thereon  or
    therein, for the purpose of the display of such weapon or
    the  lawful  commerce  in  weapons, or except when on his
    land or in his own abode or fixed place of business,  any
    pistol, revolver, stun gun or taser or other firearm.
         A "stun gun or taser", as used in this paragraph (a)
    means  (i)  any  device  which  is  powered by electrical
    charging units, such as, batteries, and which  fires  one
    or  several barbs attached to a length of wire and which,
    upon hitting a human, can send out a current  capable  of
    disrupting  the  person's nervous system in such a manner
    as to render him incapable of normal functioning or  (ii)
    any device which is powered by electrical charging units,
    such  as  batteries, and which, upon contact with a human
    or clothing worn by a human, can send out current capable
    of disrupting the  person's  nervous  system  in  such  a
    manner  as to render him incapable of normal functioning;
    or
         (11)  Sells, manufactures or purchases any explosive
    bullet.  For purposes of this  paragraph  (a)  "explosive
    bullet"  means  the  projectile  portion of an ammunition
    cartridge which contains or carries an  explosive  charge
    which will explode upon contact with the flesh of a human
    or  an  animal.    "Cartridge" means a tubular metal case
    having a projectile affixed at the front  thereof  and  a
    cap   or  primer  at  the  rear  end  thereof,  with  the
    propellant contained in such tube between the  projectile
    and the cap; or
         (12)  (Blank).
    (b)  Sentence.  A  person  convicted  of  a  violation of
subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
Class A misdemeanor.  A person convicted of  a  violation  of
subsection  24-1(a)(4),  24-1(a)(9), or 24-1(a)(10) commits a
Class  4  felony;  a  person  convicted  of  a  violation  of
subsection 24-1(a)(6) or 24-1(a)(7)(ii) or  (iii)  commits  a
Class  3  felony.   A  person  convicted  of  a  violation of
subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
weapon is possessed in the passenger compartment of  a  motor
vehicle  as  defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in  which
case  it shall be a Class X felony.   A person convicted of a
second or  subsequent  violation  of  subsection  24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
    (c)  Violations in specific places.
         (1)  A  person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time  of  day
    or  the  time  of  year,  in  residential property owned,
    operated or and managed by a  public  housing  agency  or
    leased  by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in  a
    courthouse,  on  the real property comprising any school,
    regardless of the time of day or the  time  of  year,  on
    residential  property owned, operated or and managed by a
    public  housing  agency  or  leased  by  a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development,  on  the real property comprising any public
    park, on the real property comprising any courthouse,  in
    any conveyance owned, leased or contracted by a school to
    transport  students to or from school or a school related
    activity, or on any public way within 1,000 feet  of  the
    real   property   comprising  any  school,  public  park,
    courthouse, or residential property owned,  operated,  or
    and   managed  by  a public housing agency or leased by a
    public housing agency as part  of  a  scattered  site  or
    mixed-income development commits a Class 2 felony.
         (1.5)  A  person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school,  regardless  of
    the  time  of  day  or  the  time of year, in residential
    property owned, operated, or and   managed  by  a  public
    housing  agency  or  leased by a public housing agency as
    part of a scattered site or mixed-income development,  in
    a  public  park,  in  a  courthouse, on the real property
    comprising any school, regardless of the time of  day  or
    the   time   of  year,  on  residential  property  owned,
    operated, or and managed by a public  housing  agency  or
    leased  by a public housing agency as part of a scattered
    site or mixed-income development, on  the  real  property
    comprising   any   public  park,  on  the  real  property
    comprising  any  courthouse,  in  any  conveyance  owned,
    leased, or contracted by a school to  transport  students
    to or from school or a school related activity, or on any
    public  way  within  1,000  feet  of  the  real  property
    comprising   any  school,  public  park,  courthouse,  or
    residential property owned, operated, or and managed by a
    public housing agency  or  leased  by  a  public  housing
    agency  as  part  of  a  scattered  site  or mixed-income
    development commits a Class 3 felony.
         (2)  A person who  violates  subsection  24-1(a)(1),
    24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
    the time of day or  the  time  of  year,  in  residential
    property  owned,  operated  or  and  managed  by a public
    housing agency or leased by a public  housing  agency  as
    part  of a scattered site or mixed-income development, in
    a public park, in a  courthouse,  on  the  real  property
    comprising  any  school, regardless of the time of day or
    the time of year, on residential property owned, operated
    or and managed by a public housing agency or leased by  a
    public  housing  agency  as  part  of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on  the  real  property  comprising  any
    courthouse, in any conveyance owned, leased or contracted
    by  a school to transport students to or from school or a
    school related activity, or  on  any  public  way  within
    1,000  feet  of  the real property comprising any school,
    public park, courthouse, or residential  property  owned,
    operated,  or  and  managed by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or  mixed-income  development  commits  a  Class  4
    felony.   "Courthouse" means any building that is used by
    the Circuit, Appellate, or Supreme Court  of  this  State
    for the conduct of official business.
         (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
    subsection  (c)  shall  not  apply  to  law   enforcement
    officers or security officers of such school, college, or
    university or to students carrying or possessing firearms
    for  use  in  training  courses, parades, hunting, target
    shooting on school ranges, or otherwise with the  consent
    of  school authorities and which firearms are transported
    unloaded  enclosed  in   a   suitable   case,   box,   or
    transportation package.
         (4)  For   the  purposes  of  this  subsection  (c),
    "school"  means  any  public  or  private  elementary  or
    secondary  school,   community   college,   college,   or
    university.
    (d)  The  presence  in  an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is  in  the
possession of, and is being carried by, all persons occupying
such  automobile  at  the  time  such  weapon,  instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or  instrumentality  is  found
upon  the  person of one of the occupants therein; or (ii) if
such  weapon,  instrument  or  substance  is  found   in   an
automobile operated for hire by a duly licensed driver in the
due,  lawful  and  proper  pursuit  of  his  trade, then such
presumption shall not apply to the driver.
    (e)  Exemptions.  Crossbows, Common or Compound bows  and
Underwater  Spearguns  are  exempted  from  the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 90-686, eff. 1-1-99.)

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec. 24-3.  Unlawful Sale of Firearms. A  person  commits
the offense of unlawful sale of firearms when he knowingly:
    (a)  Sells  or  gives  any firearm of a size which may be
concealed upon the person to any person  under  18  years  of
age; or
    (b)  Sells  or  gives  any  firearm  to a person under 21
years of age who has been convicted of  a  misdemeanor  other
than a traffic offense or adjudged delinquent; or
    (c)  Sells  or  gives any firearm to any narcotic addict;
or
    (d)  Sells or gives any firearm to  any  person  who  has
been  convicted  of  a  felony  under the laws of this or any
other jurisdiction; or
    (e)  Sells or gives any firearm to  any  person  who  has
been  a patient in a mental hospital within the past 5 years;
or
    (f)  Sells or gives any firearms to  any  person  who  is
mentally retarded; or
    (g)  Delivers   any  firearm  of  a  size  which  may  be
concealed upon the person,  incidental  to  a  sale,  without
withholding  delivery  of  such firearm for at least 72 hours
after application for its purchase has been made, or delivers
any rifle, shotgun or other long gun, incidental to  a  sale,
without  withholding delivery of such rifle, shotgun or other
long gun for at least 24  hours  after  application  for  its
purchase  has  been  made.  However, this paragraph shall not
apply to: (1) the sale of a  firearm  to  a  law  enforcement
officer or a person who desires to purchase a firearm for use
in  promoting  the public interest incident to his employment
as  a  bank  guard,  armed  truck  guard,  or  other  similar
employment; or (2) a mail  order  sale  of  a  firearm  to  a
nonresident  of Illinois under which the firearm is mailed to
a point outside the boundaries of Illinois; or (3)  the  sale
of  a firearm to a nonresident of Illinois while at a firearm
showing or display recognized by the Illinois  Department  of
State  Police;  or  (4)  the  sale  of  a firearm to a dealer
licensed under the Federal Firearms Act of the United States;
or
    (h)  While holding any license  under  the  Federal  "Gun
Control  Act  of  1968",  as  amended, as a dealer, importer,
manufacturer or pawnbroker; manufactures, sells  or  delivers
to  any  unlicensed  person a handgun having a barrel, slide,
frame or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt  or  deform  at  a
temperature of less than 800 degrees Fahrenheit. For purposes
of  this  paragraph,  (1)  "firearm" is defined as in "An Act
relating to  the  acquisition,  possession  and  transfer  of
firearms and firearm ammunition, to provide a penalty for the
violation  thereof and to make an appropriation in connection
therewith",  approved  August  3,  1967,  as   amended;   (2)
"handgun"  is  defined  as  a firearm designed to be held and
fired by the use of a single hand, and includes a combination
of parts from which a firearm can be assembled; or
    (i)  Sells or gives a firearm of  any size to any  person
under  18  years  of age who does not possess a valid Firearm
Owner's Identification Card.
    (j)  Paragraph (h) of  this  Section  shall  not  include
firearms  sold  within  6  months  after  enactment  of  this
amendatory  Act  of 1973, nor shall any firearm legally owned
or possessed by any  citizen  or  purchased  by  any  citizen
within 6 months after the enactment of this amendatory Act of
1973   be  subject  to  confiscation  or  seizure  under  the
provisions of this amendatory Act of 1973.  Nothing  in  this
amendatory  Act  of  1973  shall be construed to prohibit the
gift or trade of any firearm if that firearm was legally held
or acquired within 6  months  after  the  enactment  of  this
amendatory Act of 1973.
    (k)  Sentence.
    Any   person  convicted  of  unlawful sale of firearms in
violation of paragraphs (b) through (h)  commits  a  Class  4
felony.
    Any  person  convicted  of  unlawful  sale of firearms in
violation of paragraph (a) or (i) commits a Class  3  felony.
Any   person  convicted  of  unlawful  sale  of  firearms  in
violation of paragraph (a) or (i) in any  school,  regardless
of  the  time  of  day  or  the  time of year, in residential
property owned, operated, or and managed by a public  housing
agency  or  leased  by  a  public housing agency as part of a
scattered site or mixed-income development, in a public park,
in a courthouse, on the real property comprising any  school,
regardless  of  the  time  of  day  or  the  time of year, on
residential property owned, operated, or  and  managed  by  a
public housing agency or leased by a public housing agency as
part  of a scattered site or mixed-income development, on the
real  property  comprising  any  public  park,  on  the  real
property comprising any courthouse, in any conveyance  owned,
leased, or contracted by a school to transport students to or
from  school  or  a school related activity, or on any public
way within 1,000 feet of the  real  property  comprising  any
school,  public  park,  courthouse,  or  residential property
owned, operated, or and managed by a public housing agency or
leased by a public housing agency as part of a scattered site
or mixed-income development commits a Class 2 felony.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
    Sec. 24-3.3.  Unlawful Sale or Delivery  of  Firearms  on
the  Premises of Any School, regardless of the time of day or
the  time  of  year,  or  any  conveyance  owned,  leased  or
contracted by a school  to  transport  students  to  or  from
school  or a school related activity, or residential property
owned, operated or and managed by a  public  housing  agency.
Any  person  18  years  of  age  or older who sells, gives or
delivers any firearm to any person under 18 years of  age  in
any school, regardless of the time of day or the time of year
or  residential  property owned, operated or and managed by a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development, on  the
real  property  comprising any school, regardless of the time
of day or the time of year  or  residential  property  owned,
operated  or and managed by a public housing agency or leased
by a public housing agency as part of  a  scattered  site  or
mixed-income  development commits a Class 3 felony. School is
defined, for the purposes of this Section, as any  public  or
private  elementary  or  secondary school, community college,
college or university. This does not apply to peace  officers
or  to  students  carrying  or possessing firearms for use in
school training courses, parades, target shooting  on  school
ranges,  or  otherwise with the consent of school authorities
and which firearms are transported unloaded and enclosed in a
suitable case, box or transportation package.
(Source: P.A. 86-946; 87-524.)

    Section 15.  The Illinois Controlled  Substances  Act  is
amended by changing Section 407 as follows:
    (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
    Sec. 407.  (a) (1) Any person 18 years of age or over who
violates  any  subsection of Section 401 or subsection (b) of
Section  404  by  delivering  a  controlled,  counterfeit  or
look-alike substance to a person under 18 years of age may be
sentenced to imprisonment for a term up to twice the  maximum
term  and  fined  an amount up to twice that amount otherwise
authorized by the pertinent subsection  of  Section  401  and
Subsection (b) of Section 404.
    (2)  Except   as   provided  in  paragraph  (3)  of  this
subsection, any person who violates:
         (A)  subsection (c) of Section 401 by delivering  or
    possessing   with   intent   to   deliver  a  controlled,
    counterfeit, or look-alike substance in or on, or  within
    1,000  feet  of,  a  truck  stop  or safety rest area, is
    guilty of a Class 1 felony, the fine for which shall  not
    exceed $250,000;
         (B)  subsection  (d) of Section 401 by delivering or
    possessing  with  intent   to   deliver   a   controlled,
    counterfeit,  or look-alike substance in or on, or within
    1,000 feet of, a truck  stop  or  safety  rest  area,  is
    guilty  of a Class 2 felony, the fine for which shall not
    exceed $200,000;
         (C)  subsection (e) of Section 401 or subsection (b)
    of Section 404 by delivering or possessing with intent to
    deliver  a   controlled,   counterfeit,   or   look-alike
    substance in or on, or within 1,000 feet of, a truck stop
    or  safety  rest area, is guilty of a Class 3 felony, the
    fine for which shall not exceed $150,000;
         (D)  subsection (f) of Section 401 by delivering  or
    possessing   with   intent   to   deliver  a  controlled,
    counterfeit, or look-alike substance in or on, or  within
    1,000  feet  of,  a  truck  stop  or safety rest area, is
    guilty of a Class 3 felony, the fine for which shall  not
    exceed $125,000;
         (E)  subsection  (g) of Section 401 by delivering or
    possessing  with  intent   to   deliver   a   controlled,
    counterfeit,  or look-alike substance in or on, or within
    1,000 feet of, a truck  stop  or  safety  rest  area,  is
    guilty  of a Class 3 felony, the fine for which shall not
    exceed $100,000;
         (F)  subsection (h) of Section 401 by delivering  or
    possessing   with   intent   to   deliver  a  controlled,
    counterfeit, or look-alike substance in or on, or  within
    1,000  feet  of,  a  truck  stop  or safety rest area, is
    guilty of a Class 3 felony, the fine for which shall  not
    exceed $75,000;
    (3)  Any  person  who  violates  paragraph  (2)  of  this
subsection  (a)  by  delivering  or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety  rest
area,   following   a  prior  conviction  or  convictions  of
paragraph (2) of this subsection (a) may be  sentenced  to  a
term of imprisonment up to 2 times the maximum term and fined
an  amount  up  to 2 times the amount otherwise authorized by
Section 401.
    (4)  For the purposes of this subsection (a):
         (A)  "Safety rest area" means  a  roadside  facility
    removed  from  the  roadway  with  parking and facilities
    designed for motorists' rest,  comfort,  and  information
    needs; and
         (B)  "Truck   stop"  means  any  facility  (and  its
    parking areas) used to provide fuel or service, or  both,
    to  any  commercial  motor  vehicle as defined in Section
    18b-101 of the Illinois Vehicle Code.
    (b)  Any person who violates:
         (1)  subsection (c) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or residential property owned, operated or and
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or and    managed  by  a  public  housing
    agency  or leased by a public housing agency as part of a
    scattered site or  mixed-income  development,  or  public
    park  or  on any public way within 1,000 feet of the real
    property comprising any school  or  residential  property
    owned, operated or and managed by a public housing agency
    or  leased  by  a  public  housing  agency  as  part of a
    scattered site or  mixed-income  development,  or  public
    park,   on  the  real  property  comprising  any  church,
    synagogue, or other building, structure,  or  place  used
    primarily  for  religious  worship,  or on any public way
    within 1,000 feet of the  real  property  comprising  any
    church, synagogue, or other building, structure, or place
    used   primarily  for  religious  worship,  on  the  real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities, or on a public way within 1,000  feet
    of  the  real  property  comprising  any of the following
    places,  buildings,  or  structures  used  primarily  for
    housing or providing  space  for  activities  for  senior
    citizens:  nursing homes, assisted-living centers, senior
    citizen housing complexes,  or  senior  centers  oriented
    toward  daytime activities is guilty of a Class X felony,
    the fine for which shall not exceed $500,000;
         (2)  subsection (d) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or residential property owned, operated or and
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or and managed by a public housing agency
    or leased by  a  public  housing  agency  as  part  of  a
    scattered  site  or  mixed-income  development, or public
    park or on any public way within 1,000 feet of  the  real
    property  comprising  any  school or residential property
    owned, operated or and managed by a public housing agency
    or leased by  a  public  housing  agency  as  part  of  a
    scattered  site  or  mixed-income  development, or public
    park,  on  the  real  property  comprising  any   church,
    synagogue,  or  other  building, structure, or place used
    primarily for religious worship, or  on  any  public  way
    within  1,000  feet  of  the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities, or on a public way within 1,000 feet
    of the real property  comprising  any  of  the  following
    places,  buildings,  or  structures  used  primarily  for
    housing  or  providing  space  for  activities for senior
    citizens: nursing homes, assisted-living centers,  senior
    citizen  housing  complexes,  or  senior centers oriented
    toward daytime activities is guilty of a Class 1  felony,
    the fine for which shall not exceed $250,000;
         (3)  subsection (e) of Section 401 or Subsection (b)
    of  Section  404  in any school, or any conveyance owned,
    leased or contracted by a school to transport students to
    or  from  school  or  a  school  related   activity,   or
    residential  property owned, operated or and managed by a
    public housing agency  or  leased  by  a  public  housing
    agency  as  part  of  a  scattered  site  or mixed-income
    development,  or  public  park,  on  the  real   property
    comprising  any  school  or  residential  property owned,
    operated or and managed by a  public  housing  agency  or
    leased  by a public housing agency as part of a scattered
    site or mixed-income development, or public  park  or  on
    any  public  way  within  1,000 feet of the real property
    comprising any  school  or  residential  property  owned,
    operated  or  and  managed  by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or mixed-income development, or public park, on the
    real property comprising any church, synagogue, or  other
    building,   structure,   or   place  used  primarily  for
    religious worship, or on a public way within  1,000  feet
    of the real property comprising any church, synagogue, or
    other  building,  structure,  or place used primarily for
    religious worship, on the real property comprising any of
    the  following  places,  buildings,  or  structures  used
    primarily for housing or providing space  for  activities
    for   senior  citizens:  nursing  homes,  assisted-living
    centers, senior  citizen  housing  complexes,  or  senior
    centers  oriented  toward  daytime  activities,  or  on a
    public  way  within  1,000  feet  of  the  real  property
    comprising any of the  following  places,  buildings,  or
    structures  used primarily for housing or providing space
    for  activities  for  senior  citizens:  nursing   homes,
    assisted-living    centers,    senior   citizen   housing
    complexes, or  senior  centers  oriented  toward  daytime
    activities  is  guilty  of a Class 2 felony, the fine for
    which shall not exceed $200,000;
         (4)  subsection (f) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or residential property owned, operated or and
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or and    managed  by  a  public  housing
    agency  or leased by a public housing agency as part of a
    scattered site or  mixed-income  development,  or  public
    park  or  on any public way within 1,000 feet of the real
    property comprising any school  or  residential  property
    owned, operated or and managed by a public housing agency
    or  leased  by  a  public  housing  agency  as  part of a
    scattered site or  mixed-income  development,  or  public
    park,   on  the  real  property  comprising  any  church,
    synagogue, or other building, structure,  or  place  used
    primarily  for  religious  worship,  or on any public way
    within 1,000 feet of the  real  property  comprising  any
    church, synagogue, or other building, structure, or place
    used   primarily  for  religious  worship,  on  the  real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities, or on a public way within 1,000  feet
    of  the  real  property  comprising  any of the following
    places,  buildings,  or  structures  used  primarily  for
    housing or providing  space  for  activities  for  senior
    citizens:  nursing homes, assisted-living centers, senior
    citizen housing complexes,  or  senior  centers  oriented
    toward  daytime activities is guilty of a Class 2 felony,
    the fine for which shall not exceed $150,000;
         (5)  subsection (g) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or residential property owned, operated or and
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or   and  managed  by  a  public  housing
    agency  or leased by a public housing agency as part of a
    scattered site or  mixed-income  development,  or  public
    park  or  on any public way within 1,000 feet of the real
    property comprising any school  or  residential  property
    owned, operated or and managed by a public housing agency
    or  leased  by  a  public  housing  agency  as  part of a
    scattered site or  mixed-income  development,  or  public
    park,   on  the  real  property  comprising  any  church,
    synagogue, or other building, structure,  or  place  used
    primarily  for  religious  worship,  or on any public way
    within 1,000 feet of the  real  property  comprising  any
    church, synagogue, or other building, structure, or place
    used   primarily  for  religious  worship,  on  the  real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities, or on a public way within 1,000  feet
    of  the  real  property  comprising  any of the following
    places,  buildings,  or  structures  used  primarily  for
    housing or providing  space  for  activities  for  senior
    citizens:  nursing homes, assisted-living centers, senior
    citizen housing complexes,  or  senior  centers  oriented
    toward  daytime activities is guilty of a Class 2 felony,
    the fine for which shall not exceed $125,000;
         (6)  subsection (h) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or residential property owned, operated or and
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or and managed by a public housing agency
    or leased by  a  public  housing  agency  as  part  of  a
    scattered  site  or  mixed-income  development, or public
    park or on any public way within 1,000 feet of  the  real
    property  comprising  any  school or residential property
    owned, operated or and managed by a public housing agency
    or leased by  a  public  housing  agency  as  part  of  a
    scattered  site  or  mixed-income  development, or public
    park,  on  the  real  property  comprising  any   church,
    synagogue,  or  other  building, structure, or place used
    primarily for religious worship, or  on  any  public  way
    within  1,000  feet  of  the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities, or on a public way within 1,000 feet
    of the real property  comprising  any  of  the  following
    places,  buildings,  or  structures  used  primarily  for
    housing  or  providing  space  for  activities for senior
    citizens: nursing homes, assisted-living centers,  senior
    citizen  housing  complexes,  or  senior centers oriented
    toward daytime activities is guilty of a Class 2  felony,
    the  fine  for which  shall not exceed $100,000.
    (c)  Regarding penalties prescribed in subsection (b) for
violations  committed  in a school or on or within 1,000 feet
of school property, the time of day, time of year and whether
classes were currently in session at the time of the  offense
is irrelevant.
(Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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