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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Private Detective, Private Alarm, Private | |||||||||||||||||||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | |||||||||||||||||||||||
6 | amended by adding Section 5-20 as follows: | |||||||||||||||||||||||
7 | (225 ILCS 447/5-20 new) | |||||||||||||||||||||||
8 | Sec. 5-20. No application to religious corporation | |||||||||||||||||||||||
9 | security guard. This Act does not apply to a religious | |||||||||||||||||||||||
10 | corporation security guard as defined in Section 52 of the | |||||||||||||||||||||||
11 | Religious Corporation Act engaged in performing his or her | |||||||||||||||||||||||
12 | duties. | |||||||||||||||||||||||
13 | Section 10. The Criminal Code of 1961 is amended by | |||||||||||||||||||||||
14 | changing Section 24-1 as follows:
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15 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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16 | Sec. 24-1. Unlawful Use of Weapons.
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17 | (a) A person commits the offense of unlawful use of weapons | |||||||||||||||||||||||
18 | when
he knowingly:
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19 | (1) Sells, manufactures, purchases, possesses or | |||||||||||||||||||||||
20 | carries any bludgeon,
black-jack, slung-shot, sand-club, | |||||||||||||||||||||||
21 | sand-bag, metal knuckles or other knuckle weapon |
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| |||||||
1 | regardless of its composition, throwing star,
or any knife, | ||||||
2 | commonly referred to as a switchblade knife, which has a
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3 | blade that opens automatically by hand pressure applied to | ||||||
4 | a button,
spring or other device in the handle of the | ||||||
5 | knife, or a ballistic knife,
which is a device that propels | ||||||
6 | a knifelike blade as a projectile by means
of a coil | ||||||
7 | spring, elastic material or compressed gas; or
| ||||||
8 | (2) Carries or possesses with intent to use the same | ||||||
9 | unlawfully
against another, a dagger, dirk, billy, | ||||||
10 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
11 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
12 | deadly weapon or instrument of like character; or
| ||||||
13 | (3) Carries on or about his person or in any vehicle, a | ||||||
14 | tear gas gun
projector or bomb or any object containing | ||||||
15 | noxious liquid gas or
substance, other than an object | ||||||
16 | containing a non-lethal noxious liquid gas
or substance | ||||||
17 | designed solely for personal defense carried by a person 18
| ||||||
18 | years of age or older; or
| ||||||
19 | (4) Carries or possesses in any vehicle or concealed on | ||||||
20 | or about his
person except when on his land or in his own | ||||||
21 | abode, legal dwelling, or fixed place of
business, or on | ||||||
22 | the land or in the legal dwelling of another person as an | ||||||
23 | invitee with that person's permission, any pistol, | ||||||
24 | revolver, stun gun or taser or other firearm, except
that
| ||||||
25 | this subsection (a) (4) does not apply to a religious | ||||||
26 | corporation security guard as defined in Section 52 of the |
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| |||||||
1 | Religious Corporation Act engaged in performing his or her | ||||||
2 | duties, nor does it apply to or affect transportation of | ||||||
3 | weapons
that meet one of the following conditions:
| ||||||
4 | (i) are broken down in a non-functioning state; or
| ||||||
5 | (ii) are not immediately accessible; or
| ||||||
6 | (iii) are unloaded and enclosed in a case, firearm | ||||||
7 | carrying box,
shipping box, or other container by a | ||||||
8 | person who has been issued a currently
valid Firearm | ||||||
9 | Owner's
Identification Card; or
| ||||||
10 | (5) Sets a spring gun; or
| ||||||
11 | (6) Possesses any device or attachment of any kind | ||||||
12 | designed, used or
intended for use in silencing the report | ||||||
13 | of any firearm; or
| ||||||
14 | (7) Sells, manufactures, purchases, possesses or | ||||||
15 | carries:
| ||||||
16 | (i) a machine gun, which shall be defined for the | ||||||
17 | purposes of this
subsection as any weapon,
which | ||||||
18 | shoots, is designed to shoot, or can be readily | ||||||
19 | restored to shoot,
automatically more than one shot | ||||||
20 | without manually reloading by a single
function of the | ||||||
21 | trigger, including the frame or receiver
of any such | ||||||
22 | weapon, or sells, manufactures, purchases, possesses, | ||||||
23 | or
carries any combination of parts designed or | ||||||
24 | intended for
use in converting any weapon into a | ||||||
25 | machine gun, or any combination or
parts from which a | ||||||
26 | machine gun can be assembled if such parts are in the
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1 | possession or under the control of a person;
| ||||||
2 | (ii) any rifle having one or
more barrels less than | ||||||
3 | 16 inches in length or a shotgun having one or more
| ||||||
4 | barrels less than 18 inches in length or any weapon | ||||||
5 | made from a rifle or
shotgun, whether by alteration, | ||||||
6 | modification, or otherwise, if such a weapon
as | ||||||
7 | modified has an overall length of less than 26 inches; | ||||||
8 | or
| ||||||
9 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
10 | other container containing an
explosive substance of | ||||||
11 | over one-quarter ounce for like purposes, such
as, but | ||||||
12 | not limited to, black powder bombs and Molotov | ||||||
13 | cocktails or
artillery projectiles; or
| ||||||
14 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
15 | or other
deadly weapon in any place which is licensed to | ||||||
16 | sell intoxicating
beverages, or at any public gathering | ||||||
17 | held pursuant to a license issued
by any governmental body | ||||||
18 | or any public gathering at which an admission
is charged, | ||||||
19 | excluding a place where a showing, demonstration or lecture
| ||||||
20 | involving the exhibition of unloaded firearms is | ||||||
21 | conducted.
| ||||||
22 | This subsection (a)(8) does not apply to any auction or | ||||||
23 | raffle of a firearm
held pursuant to
a license or permit | ||||||
24 | issued by a governmental body, nor does it apply to persons
| ||||||
25 | engaged
in firearm safety training courses; or
| ||||||
26 | (9) Carries or possesses in a vehicle or on or about |
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1 | his person any
pistol, revolver, stun gun or taser or | ||||||
2 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
3 | masked in such manner as to conceal his identity; or
| ||||||
4 | (10) Carries or possesses on or about his person, upon | ||||||
5 | any public street,
alley, or other public lands within the | ||||||
6 | corporate limits of a city, village
or incorporated town, | ||||||
7 | except when an invitee thereon or therein, for the
purpose | ||||||
8 | of the display of such weapon or the lawful commerce in | ||||||
9 | weapons, or
except when on his land or in his own abode, | ||||||
10 | legal dwelling, or fixed place of business, or on the land | ||||||
11 | or in the legal dwelling of another person as an invitee | ||||||
12 | with that person's permission, any
pistol, revolver, stun | ||||||
13 | gun or taser or other firearm, except that this
subsection | ||||||
14 | (a) (10) does not apply to or affect transportation of | ||||||
15 | weapons that
meet one of the following conditions:
| ||||||
16 | (i) are broken down in a non-functioning state; or
| ||||||
17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been issued a currently
valid Firearm | ||||||
21 | Owner's
Identification Card.
| ||||||
22 | A "stun gun or taser", as used in this paragraph (a) | ||||||
23 | means (i) any device
which is powered by electrical | ||||||
24 | charging units, such as, batteries, and
which fires one or | ||||||
25 | several barbs attached to a length of wire and
which, upon | ||||||
26 | hitting a human, can send out a current capable of |
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1 | disrupting
the person's nervous system in such a manner as | ||||||
2 | to render him incapable of
normal functioning or (ii) any | ||||||
3 | device which is powered by electrical
charging units, such | ||||||
4 | as batteries, and which, upon contact with a human or
| ||||||
5 | clothing worn by a human, can send out current capable of | ||||||
6 | disrupting
the person's nervous system in such a manner as | ||||||
7 | to render him incapable
of normal functioning; or
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8 | (11) Sells, manufactures or purchases any explosive | ||||||
9 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
10 | bullet" means the projectile portion of
an ammunition | ||||||
11 | cartridge which contains or carries an explosive charge | ||||||
12 | which
will explode upon contact with the flesh of a human | ||||||
13 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
14 | a projectile affixed at the
front thereof and a cap or | ||||||
15 | primer at the rear end thereof, with the
propellant | ||||||
16 | contained in such tube between the projectile and the cap; | ||||||
17 | or
| ||||||
18 | (12) (Blank); or
| ||||||
19 | (13) Carries or possesses on or about his or her person | ||||||
20 | while in a building occupied by a unit of government, a | ||||||
21 | billy club, other weapon of like character, or other | ||||||
22 | instrument of like character intended for use as a weapon. | ||||||
23 | For the purposes of this Section, "billy club" means a | ||||||
24 | short stick or club commonly carried by police officers | ||||||
25 | which is either telescopic or constructed of a solid piece | ||||||
26 | of wood or other man-made material. |
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1 | (b) Sentence. A person convicted of a violation of | ||||||
2 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
3 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
4 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
5 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
6 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
7 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
8 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
9 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
10 | of not less than 3 years and not more than 7 years, unless the | ||||||
11 | weapon is possessed in the
passenger compartment of a motor | ||||||
12 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
13 | Code, or on the person, while the weapon is loaded, in which
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14 | case it shall be a Class X felony. A person convicted of a
| ||||||
15 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
16 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
17 | felony. The possession of each weapon in violation of this | ||||||
18 | Section constitutes a single and separate violation.
| ||||||
19 | (c) Violations in specific places.
| ||||||
20 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
21 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
22 | the time of year, in residential
property owned, operated | ||||||
23 | or managed by a public housing agency or
leased by
a public | ||||||
24 | housing agency as part of a scattered site or mixed-income
| ||||||
25 | development, in a
public park, in a courthouse, on the real | ||||||
26 | property comprising any school,
regardless of the
time of |
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1 | day or the time of year, on residential property owned, | ||||||
2 | operated
or
managed by a public housing agency
or leased by | ||||||
3 | a public housing agency as part of a scattered site or
| ||||||
4 | mixed-income development,
on the real property comprising | ||||||
5 | any
public park, on the real property comprising any | ||||||
6 | courthouse, in any conveyance
owned, leased or contracted | ||||||
7 | by a school to
transport students to or from school or a | ||||||
8 | school related activity, in any conveyance
owned, leased, | ||||||
9 | or contracted by a public transportation agency, or on any
| ||||||
10 | public way within 1,000 feet of the real property | ||||||
11 | comprising any school,
public park, courthouse, public | ||||||
12 | transportation facility, or residential property owned, | ||||||
13 | operated, or managed
by a public housing agency
or leased | ||||||
14 | by a public housing agency as part of a scattered site or
| ||||||
15 | mixed-income development
commits a Class 2 felony and shall | ||||||
16 | be sentenced to a term of imprisonment of not less than 3 | ||||||
17 | years and not more than 7 years.
| ||||||
18 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
19 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
20 | time of day or the time of year,
in residential property | ||||||
21 | owned, operated, or managed by a public
housing
agency
or | ||||||
22 | leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development,
in
a public
park, in a | ||||||
24 | courthouse, on the real property comprising any school, | ||||||
25 | regardless
of the time of day or the time of year, on | ||||||
26 | residential property owned,
operated, or managed by a |
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1 | public housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development,
on | ||||||
3 | the real property
comprising any public park, on the real | ||||||
4 | property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased, or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, in | ||||||
7 | any conveyance
owned, leased, or contracted by a public | ||||||
8 | transportation agency, or on any public way within
1,000 | ||||||
9 | feet of the real property comprising any school, public | ||||||
10 | park, courthouse,
public transportation facility, or | ||||||
11 | residential property owned, operated, or managed by a | ||||||
12 | public
housing agency
or leased by a public housing agency | ||||||
13 | as part of a scattered site or
mixed-income development
| ||||||
14 | commits a Class 3 felony.
| ||||||
15 | (2) A person who violates subsection 24-1(a)(1), | ||||||
16 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
17 | time of day or the time of year, in
residential property | ||||||
18 | owned, operated or managed by a public housing
agency
or | ||||||
19 | leased by a public housing agency as part of a scattered | ||||||
20 | site or
mixed-income development,
in
a public park, in a | ||||||
21 | courthouse, on the real property comprising any school,
| ||||||
22 | regardless of the time of day or the time of year, on | ||||||
23 | residential property
owned, operated or managed by a public | ||||||
24 | housing agency
or leased by a public housing agency as part | ||||||
25 | of a scattered site or
mixed-income development,
on the | ||||||
26 | real property
comprising any public park, on the real |
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1 | property comprising any courthouse, in
any conveyance | ||||||
2 | owned, leased or contracted by a school to transport | ||||||
3 | students
to or from school or a school related activity, in | ||||||
4 | any conveyance
owned, leased, or contracted by a public | ||||||
5 | transportation agency, or on any public way within
1,000 | ||||||
6 | feet of the real property comprising any school, public | ||||||
7 | park, courthouse,
public transportation facility, or | ||||||
8 | residential property owned, operated, or managed by a | ||||||
9 | public
housing agency or leased by a public housing agency | ||||||
10 | as part of a scattered
site or mixed-income development | ||||||
11 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
12 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
13 | this State for the conduct of official business.
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14 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
15 | (c) shall not
apply to law
enforcement officers or security | ||||||
16 | officers of such school, college, or
university or to | ||||||
17 | students carrying or possessing firearms for use in | ||||||
18 | training
courses, parades, hunting, target shooting on | ||||||
19 | school ranges, or otherwise with
the consent of school | ||||||
20 | authorities and which firearms are transported unloaded
| ||||||
21 | enclosed in a suitable case, box, or transportation | ||||||
22 | package.
| ||||||
23 | (4) For the purposes of this subsection (c), "school" | ||||||
24 | means any public or
private elementary or secondary school, | ||||||
25 | community college, college, or
university.
| ||||||
26 | (5) For the purposes of this subsection (c), "public |
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| |||||||
1 | transportation agency" means a public or private agency | ||||||
2 | that provides for the transportation or conveyance of
| ||||||
3 | persons by means available to the general public, except | ||||||
4 | for transportation
by automobiles not used for conveyance | ||||||
5 | of the general public as passengers; and "public | ||||||
6 | transportation facility" means a terminal or other place
| ||||||
7 | where one may obtain public transportation.
| ||||||
8 | (d) The presence in an automobile other than a public | ||||||
9 | omnibus of any
weapon, instrument or substance referred to in | ||||||
10 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
11 | possession of, and is being
carried by, all persons occupying | ||||||
12 | such automobile at the time such
weapon, instrument or | ||||||
13 | substance is found, except under the following
circumstances: | ||||||
14 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
15 | the person of one of the occupants therein; or (ii) if such
| ||||||
16 | weapon, instrument or substance is found in an automobile | ||||||
17 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
18 | and proper pursuit of
his trade, then such presumption shall | ||||||
19 | not apply to the driver.
| ||||||
20 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
21 | Underwater
Spearguns are exempted from the definition of | ||||||
22 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
23 | of this Section.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
25 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
26 | 96-742, eff. 8-25-09; revised 10-9-09.)
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| |||||||
1 | Section 15. The Religious Corporation Act is amended by | ||||||
2 | adding Section 52 as follows: | ||||||
3 | (805 ILCS 110/52 new) | ||||||
4 | Sec. 52. Religious corporation security guard. | ||||||
5 | (a) In this Section, "religious corporation security | ||||||
6 | guard" means an individual who contracts with a corporation | ||||||
7 | organized under this Act to perform any of the following | ||||||
8 | functions for the corporation: | ||||||
9 | (1) The prevention or detection of unauthorized | ||||||
10 | intrusion or entry, or theft, vandalism, abuse, fire, or | ||||||
11 | trespass upon any property of the corporation used | ||||||
12 | primarily as a place of worship. | ||||||
13 | (2) The prevention, observation, or detection of any | ||||||
14 | unauthorized activity on any property of the corporation | ||||||
15 | used primarily as a place of worship. | ||||||
16 | (3) The protection of individuals from bodily harm or | ||||||
17 | death on any property of the corporation used primarily as | ||||||
18 | a place of worship. | ||||||
19 | The term does not include a private security contractor as | ||||||
20 | defined under the Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and
Locksmith Act of 2004, nor | ||||||
22 | does it include an employee of such a contractor. | ||||||
23 | (b) A corporation organized under this Act may enter into a | ||||||
24 | contract with an individual for the individual's performance of |
| |||||||
| |||||||
1 | religious corporation security guard functions. Any such | ||||||
2 | individual must meet all of the following requirements: | ||||||
3 | (1) He or she must be at least 21 years of age. | ||||||
4 | (2) For the term of the contract, he or she must be the | ||||||
5 | holder of a valid Firearm Owner's Identification Card | ||||||
6 | issued under the Firearm Owners Identification Card Act. | ||||||
7 | (3) He or she must have completed, within 30 days after | ||||||
8 | his or her employment, a minimum of 20 hours of classroom | ||||||
9 | training provided by a qualified instructor that includes | ||||||
10 | the following
subjects: | ||||||
11 | (A) The law regarding arrest and search and seizure
| ||||||
12 | as it applies to private security. | ||||||
13 | (B) Civil and criminal liability for acts related
| ||||||
14 | to private security. | ||||||
15 | (C) The use of force, including but not limited to
| ||||||
16 | the use of nonlethal force (that is, disabling spray, | ||||||
17 | baton,
stungun, or similar weapon). | ||||||
18 | (D) Arrest and control techniques. | ||||||
19 | (E) The offenses under the Criminal Code of 1961
| ||||||
20 | that are directly related to the protection of persons | ||||||
21 | and
property. | ||||||
22 | (F) The law on private security forces and on
| ||||||
23 | reporting to law enforcement agencies. | ||||||
24 | (G) Fire prevention, fire equipment, and fire
| ||||||
25 | safety. | ||||||
26 | (H) The procedures for service of process and for
|
| |||||||
| |||||||
1 | report writing. | ||||||
2 | (I) Civil rights and public relations. | ||||||
3 | (J) The identification of terrorists, acts of | ||||||
4 | terrorism, and terrorist organizations, as defined by | ||||||
5 | federal and State statutes. | ||||||
6 | (c) A religious corporation security guard who in good | ||||||
7 | faith performs religious corporation security guard functions | ||||||
8 | or takes actions in good faith that directly relate to the | ||||||
9 | religious corporation security guard's job responsibilities to | ||||||
10 | protect people and property, as defined by the areas in which | ||||||
11 | religious corporation security guards receive training under | ||||||
12 | subsection (b), shall not, as a result of his or her acts or | ||||||
13 | omissions, except for willful and wanton misconduct, be liable | ||||||
14 | to a person for civil damages as a result of performing those | ||||||
15 | functions or taking those actions. | ||||||
16 | The civil immunity provided in this subsection (c) does not | ||||||
17 | apply to a person who has not met all of the requirements set | ||||||
18 | forth in subsection (b).
|