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91_HB1195enr
HB1195 Enrolled LRB9103698RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 24-1.2 and 24-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 24-1.2 and 24-3 as follows:
7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
8 Sec. 24-1.2. Aggravated discharge of a firearm.
9 (a) A person commits aggravated discharge of a firearm
10 when he or she knowingly or intentionally:
11 (1) Discharges a firearm at or into a building he
12 or she knows or reasonably should know to be occupied and
13 the firearm is discharged from a place or position
14 outside that building;
15 (2) Discharges a firearm in the direction of
16 another person or in the direction of a vehicle he or she
17 knows or reasonably should know to be occupied by a
18 person;
19 (3) Discharges a firearm in the direction of a
20 person he or she knows to be a peace officer, a community
21 policing volunteer, a correctional institution employee,
22 or a fireman while the officer, volunteer, employee or
23 fireman is engaged in the execution of any of his or her
24 official duties, or to prevent the officer, volunteer,
25 employee or fireman from performing his or her official
26 duties, or in retaliation for the officer, volunteer,
27 employee or fireman performing his or her official
28 duties;
29 (4) Discharges a firearm in the direction of a
30 vehicle he or she knows to be occupied by a peace
31 officer, a person summoned or directed by a peace
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1 officer, a correctional institution employee or a fireman
2 while the officer, employee or fireman is engaged in the
3 execution of any of his or her official duties, or to
4 prevent the officer, employee or fireman from performing
5 his or her official duties, or in retaliation for the
6 officer, employee or fireman performing his or her
7 official duties;
8 (5) Discharges a firearm in the direction of a
9 person he or she knows to be an emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first
13 aid personnel, employed by a municipality or other
14 governmental unit, while the emergency medical technician
15 - ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel is engaged in the execution of any of his or
19 her official duties, or to prevent the emergency medical
20 technician - ambulance, emergency medical technician -
21 intermediate, emergency medical technician - paramedic,
22 ambulance driver, or other medical assistance or first
23 aid personnel from performing his or her official duties,
24 or in retaliation for the emergency medical technician -
25 ambulance, emergency medical technician - intermediate,
26 emergency medical technician - paramedic, ambulance
27 driver, or other medical assistance or first aid
28 personnel performing his or her official duties; or
29 (6) Discharges a firearm in the direction of a
30 vehicle he or she knows to be occupied by an emergency
31 medical technician - ambulance, emergency medical
32 technician - intermediate, emergency medical technician -
33 paramedic,, ambulance driver, or other medical assistance
34 or first aid personnel, employed by a municipality or
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1 other governmental unit, while the emergency medical
2 technician - ambulance, emergency medical technician -
3 intermediate, emergency medical technician - paramedic,
4 ambulance driver, or other medical assistance or first
5 aid personnel is engaged in the execution of any of his
6 or her official duties, or to prevent the emergency
7 medical technician - ambulance, emergency medical
8 technician - intermediate, emergency medical technician -
9 paramedic, ambulance driver, or other medical assistance
10 or first aid personnel from performing his or her
11 official duties, or in retaliation for the emergency
12 medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical technician -
14 paramedic, ambulance driver, or other medical assistance
15 or first aid personnel performing his or her official
16 duties.
17 (b) A violation of subsection (a)(1) or subsection
18 (a)(2) of this Section is a Class 1 felony. A violation of
19 subsection (a)(1) or (a)(2) of this Section committed in a
20 school, on the real property comprising a school, within
21 1,000 feet of the real property comprising a school, at a
22 school related activity or on or within 1,000 feet of any
23 conveyance owned, leased, or contracted by a school to
24 transport students to or from school or a school related
25 activity, regardless of the time of day or time of year that
26 the offense was committed is a Class X felony. A violation of
27 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
28 is a Class X felony for which the sentence shall be a term of
29 imprisonment of no less than 10 years and not more than 45
30 years.
31 (c) For purposes of this Section:
32 "School" means a public or private elementary or
33 secondary school, community college, college, or university.
34 "School related activity" means any sporting, social,
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1 academic, or other activity for which students' attendance or
2 participation is sponsored, organized, or funded in whole or
3 in part by a school or school district.
4 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
5 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
6 Sec. 24-3. Unlawful Sale of Firearms. A person commits
7 the offense of unlawful sale of firearms when he knowingly:
8 (a) Sells or gives any firearm of a size which may be
9 concealed upon the person to any person under 18 years of
10 age; or
11 (b) Sells or gives any firearm to a person under 21
12 years of age who has been convicted of a misdemeanor other
13 than a traffic offense or adjudged delinquent; or
14 (c) Sells or gives any firearm to any narcotic addict;
15 or
16 (d) Sells or gives any firearm to any person who has
17 been convicted of a felony under the laws of this or any
18 other jurisdiction; or
19 (e) Sells or gives any firearm to any person who has
20 been a patient in a mental hospital within the past 5 years;
21 or
22 (f) Sells or gives any firearms to any person who is
23 mentally retarded; or
24 (g) Delivers any firearm of a size which may be
25 concealed upon the person, incidental to a sale, without
26 withholding delivery of such firearm for at least 72 hours
27 after application for its purchase has been made, or delivers
28 any rifle, shotgun or other long gun, incidental to a sale,
29 without withholding delivery of such rifle, shotgun or other
30 long gun for at least 24 hours after application for its
31 purchase has been made. However, this paragraph shall not
32 apply to: (1) the sale of a firearm to a law enforcement
33 officer or a person who desires to purchase a firearm for use
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1 in promoting the public interest incident to his employment
2 as a bank guard, armed truck guard, or other similar
3 employment; or (2) a mail order sale of a firearm to a
4 nonresident of Illinois under which the firearm is mailed to
5 a point outside the boundaries of Illinois; or (3) the sale
6 of a firearm to a nonresident of Illinois while at a firearm
7 showing or display recognized by the Illinois Department of
8 State Police; or (4) the sale of a firearm to a dealer
9 licensed under the Federal Firearms Act of the United States;
10 or
11 (h) While holding any license under the Federal "Gun
12 Control Act of 1968", as amended, as a dealer, importer,
13 manufacturer or pawnbroker; manufactures, sells or delivers
14 to any unlicensed person a handgun having a barrel, slide,
15 frame or receiver which is a die casting of zinc alloy or any
16 other nonhomogeneous metal which will melt or deform at a
17 temperature of less than 800 degrees Fahrenheit. For purposes
18 of this paragraph, (1) "firearm" is defined as in "An Act
19 relating to the acquisition, possession and transfer of
20 firearms and firearm ammunition, to provide a penalty for the
21 violation thereof and to make an appropriation in connection
22 therewith", approved August 3, 1967, as amended; (2)
23 "handgun" is defined as a firearm designed to be held and
24 fired by the use of a single hand, and includes a combination
25 of parts from which a firearm can be assembled; or
26 (i) Sells or gives a firearm of any size to any person
27 under 18 years of age who does not possess a valid Firearm
28 Owner's Identification Card.
29 (j) Paragraph (h) of this Section shall not include
30 firearms sold within 6 months after enactment of this
31 amendatory Act of 1973, nor shall any firearm legally owned
32 or possessed by any citizen or purchased by any citizen
33 within 6 months after the enactment of this amendatory Act of
34 1973 be subject to confiscation or seizure under the
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1 provisions of this amendatory Act of 1973. Nothing in this
2 amendatory Act of 1973 shall be construed to prohibit the
3 gift or trade of any firearm if that firearm was legally held
4 or acquired within 6 months after the enactment of this
5 amendatory Act of 1973.
6 (k) Sentence.
7 (1) Any person convicted of unlawful sale of
8 firearms in violation of paragraphs (c) (b) through (h)
9 commits a Class 4 felony.
10 (2) Any person convicted of unlawful sale of
11 firearms in violation of paragraph (b) or (i) commits a
12 Class 3 felony.
13 (3) Any person convicted of unlawful sale of
14 firearms in violation of paragraph (a) or (i) commits a
15 Class 2 3 felony.
16 (4) Any person convicted of unlawful sale of
17 firearms in violation of paragraph (a), (b), or (i) in
18 any school, on the real property comprising a school,
19 within 1,000 feet of the real property comprising a
20 school, at a school related activity, or on or within
21 1,000 feet of any conveyance owned, leased, or contracted
22 by a school or school district to transport students to
23 or from school or a school related activity regardless of
24 the time of day or time of year that the offense was
25 committed commits a Class 1 felony. Any person convicted
26 of a second or subsequent violation of unlawful sale of
27 firearms in violation of paragraph (a), (b), or (i) in
28 any school, on the real property comprising a school,
29 within 1,000 feet of the real property comprising a
30 school, at a school related activity, or on or within
31 1,000 feet of any conveyance owned, leased, or contracted
32 by a school or school district to transport students to
33 or from school or a school related activity regardless of
34 the time of day or time of year that the offense was
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1 committed commits a Class 1 felony for which the sentence
2 shall be a term of imprisonment of no less than 5 years
3 and no more than 15 years.
4 (5) Any person convicted of unlawful sale of
5 firearms in violation of paragraph (a) or (i) in any
6 school, regardless of the time of day or the time of
7 year, in residential property owned, operated, or and
8 managed by a public housing agency, in a public park, in
9 a courthouse, on the real property comprising any school,
10 regardless of the time of day or the time of year, on
11 residential property owned, operated, or and managed by a
12 public housing agency, on the real property comprising
13 any public park, on the real property comprising any
14 courthouse, in any conveyance owned, leased, or
15 contracted by a school to transport students to or from
16 school or a school related activity, or on any public way
17 within 1,000 feet of the real property comprising any
18 school, public park, courthouse, or residential property
19 owned, operated, or and managed by a public housing
20 agency commits a Class 2 felony.
21 (6) For purposes of this Section:
22 "School" means a public or private elementary
23 or secondary school, community college, college, or
24 university.
25 "School related activity" means any sporting,
26 social, academic, or other activity for which
27 students' attendance or participation is sponsored,
28 organized, or funded in whole or in part by a school
29 or school district.
30 (Source: P.A. 88-680, eff. 1-1-95.)
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