Illinois General Assembly - Full Text of HB1708
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Full Text of HB1708  97th General Assembly

HB1708eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 24-1.2-5 and 24-2 as follows:
 
6    (720 ILCS 5/24-1.2-5)
7    Sec. 24-1.2-5. Aggravated discharge of a machine gun or a
8firearm equipped with a device designed or used for silencing
9the report of a firearm.
10    (a) A person commits aggravated discharge of a machine gun
11or a firearm equipped with a device designed or used for
12silencing the report of a firearm when he or she knowingly or
13intentionally:
14        (1) Discharges a machine gun or a firearm equipped with
15    a device designed or used for silencing the report of a
16    firearm at or into a building he or she knows to be
17    occupied and the machine gun or the firearm equipped with a
18    device designed or used for silencing the report of a
19    firearm is discharged from a place or position outside that
20    building;
21        (2) Discharges a machine gun or a firearm equipped with
22    a device designed or used for silencing the report of a
23    firearm in the direction of another person or in the

 

 

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1    direction of a vehicle he or she knows to be occupied;
2        (3) Discharges a machine gun or a firearm equipped with
3    a device designed or used for silencing the report of a
4    firearm in the direction of a person he or she knows to be
5    a peace officer, a person summoned or directed by a peace
6    officer, a correctional institution employee, or a fireman
7    while the officer, employee or fireman is engaged in the
8    execution of any of his or her official duties, or to
9    prevent the officer, employee or fireman from performing
10    his or her official duties, or in retaliation for the
11    officer, employee or fireman performing his or her official
12    duties;
13        (4) Discharges a machine gun or a firearm equipped with
14    a device designed or used for silencing the report of a
15    firearm in the direction of a vehicle he or she knows to be
16    occupied by a peace officer, a person summoned or directed
17    by a peace officer, a correctional institution employee or
18    a fireman while the officer, employee or fireman is engaged
19    in the execution of any of his or her official duties, or
20    to prevent the officer, employee or fireman from performing
21    his or her official duties, or in retaliation for the
22    officer, employee or fireman performing his or her official
23    duties;
24        (5) Discharges a machine gun or a firearm equipped with
25    a device designed or used for silencing the report of a
26    firearm in the direction of a person he or she knows to be

 

 

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1    an emergency medical technician - ambulance, emergency
2    medical technician - intermediate, emergency medical
3    technician - paramedic, ambulance driver, or other medical
4    assistance or first aid personnel, employed by a
5    municipality or other governmental unit, while the
6    emergency medical technician - ambulance, emergency
7    medical technician - intermediate, emergency medical
8    technician - paramedic, ambulance driver, or other medical
9    assistance or first aid personnel is engaged in the
10    execution of any of his or her official duties, or to
11    prevent the emergency medical technician - ambulance,
12    emergency medical technician - intermediate, emergency
13    medical technician - paramedic, ambulance driver, or other
14    medical assistance or first aid personnel from performing
15    his or her official duties, or in retaliation for the
16    emergency medical technician - ambulance, emergency
17    medical technician - intermediate, emergency medical
18    technician - paramedic, ambulance driver, or other medical
19    assistance or first aid personnel performing his or her
20    official duties;
21        (6) Discharges a machine gun or a firearm equipped with
22    a device designed or used for silencing the report of a
23    firearm in the direction of a vehicle he or she knows to be
24    occupied by an emergency medical technician - ambulance,
25    emergency medical technician - intermediate, emergency
26    medical technician - paramedic, ambulance driver, or other

 

 

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1    medical assistance or first aid personnel, employed by a
2    municipality or other governmental unit, while the
3    emergency medical technician - ambulance, emergency
4    medical technician - intermediate, emergency medical
5    technician - paramedic, ambulance driver, or other medical
6    assistance or first aid personnel is engaged in the
7    execution of any of his or her official duties, or to
8    prevent the emergency medical technician - ambulance,
9    emergency medical technician - intermediate, emergency
10    medical technician - paramedic, ambulance driver, or other
11    medical assistance or first aid personnel from performing
12    his or her official duties, or in retaliation for the
13    emergency medical technician - ambulance, emergency
14    medical technician - intermediate, emergency medical
15    technician - paramedic, ambulance driver, or other medical
16    assistance or first aid personnel performing his or her
17    official duties;
18        (7) Discharges a machine gun or a firearm equipped with
19    a device designed or used for silencing the report of a
20    firearm in the direction of a person he or she knows to be
21    an emergency management worker while the emergency
22    management worker is engaged in the execution of any of his
23    or her official duties, or to prevent the emergency
24    management worker from performing his or her official
25    duties, or in retaliation for the emergency management
26    worker performing his or her official duties; or

 

 

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1        (8) Discharges a machine gun or a firearm equipped with
2    a device designed or used for silencing the report of a
3    firearm in the direction of a vehicle he or she knows to be
4    occupied by an emergency management worker while the
5    emergency management worker is engaged in the execution of
6    any of his or her official duties, or to prevent the
7    emergency management worker from performing his or her
8    official duties, or in retaliation for the emergency
9    management worker performing his or her official duties.
10    (b) A violation of subsection (a) (1) or subsection (a) (2)
11of this Section is a Class X felony. A violation of subsection
12(a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this
13Section is a Class X felony for which the sentence shall be a
14term of imprisonment of no less than 12 years and no more than
1550 years.
16    (c) For the purpose of this Section, "machine gun" has the
17meaning ascribed to it in clause (i) of paragraph (7) of
18subsection (a) of Section 24-1 of this Code.
19    (d) This Section does not apply to a peace officer while
20serving as a member of a tactical response team or special
21operations team. A peace officer may not personally own or
22apply for ownership of a device or attachment of any kind
23designed, used, or intended for use in silencing the report of
24any firearm. These devices shall be owned and maintained by
25lawfully recognized units of government whose duties include
26the investigation of criminal acts.

 

 

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1(Source: P.A. 94-243, eff. 1-1-06.)
 
2    (720 ILCS 5/24-2)
3    Sec. 24-2. Exemptions.
4    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
6the following:
7        (1) Peace officers, and any person summoned by a peace
8    officer to assist in making arrests or preserving the
9    peace, while actually engaged in assisting such officer.
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense,
13    while in the performance of their official duty, or while
14    commuting between their homes and places of employment.
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard or the
17    Reserve Officers Training Corps, while in the performance
18    of their official duty.
19        (4) Special agents employed by a railroad or a public
20    utility to perform police functions, and guards of armored
21    car companies, while actually engaged in the performance of
22    the duties of their employment or commuting between their
23    homes and places of employment; and watchmen while actually
24    engaged in the performance of the duties of their
25    employment.

 

 

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1        (5) Persons licensed as private security contractors,
2    private detectives, or private alarm contractors, or
3    employed by an agency certified by the Department of
4    Professional Regulation, if their duties include the
5    carrying of a weapon under the provisions of the Private
6    Detective, Private Alarm, Private Security, Fingerprint
7    Vendor, and Locksmith Act of 2004, while actually engaged
8    in the performance of the duties of their employment or
9    commuting between their homes and places of employment,
10    provided that such commuting is accomplished within one
11    hour from departure from home or place of employment, as
12    the case may be. Persons exempted under this subdivision
13    (a)(5) shall be required to have completed a course of
14    study in firearms handling and training approved and
15    supervised by the Department of Professional Regulation as
16    prescribed by Section 28 of the Private Detective, Private
17    Alarm, Private Security, Fingerprint Vendor, and Locksmith
18    Act of 2004, prior to becoming eligible for this exemption.
19    The Department of Professional Regulation shall provide
20    suitable documentation demonstrating the successful
21    completion of the prescribed firearms training. Such
22    documentation shall be carried at all times when such
23    persons are in possession of a concealable weapon.
24        (6) Any person regularly employed in a commercial or
25    industrial operation as a security guard for the protection
26    of persons employed and private property related to such

 

 

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1    commercial or industrial operation, while actually engaged
2    in the performance of his or her duty or traveling between
3    sites or properties belonging to the employer, and who, as
4    a security guard, is a member of a security force of at
5    least 5 persons registered with the Department of
6    Professional Regulation; provided that such security guard
7    has successfully completed a course of study, approved by
8    and supervised by the Department of Professional
9    Regulation, consisting of not less than 40 hours of
10    training that includes the theory of law enforcement,
11    liability for acts, and the handling of weapons. A person
12    shall be considered eligible for this exemption if he or
13    she has completed the required 20 hours of training for a
14    security officer and 20 hours of required firearm training,
15    and has been issued a firearm control card by the
16    Department of Professional Regulation. Conditions for the
17    renewal of firearm control cards issued under the
18    provisions of this Section shall be the same as for those
19    cards issued under the provisions of the Private Detective,
20    Private Alarm, Private Security, Fingerprint Vendor, and
21    Locksmith Act of 2004. Such firearm control card shall be
22    carried by the security guard at all times when he or she
23    is in possession of a concealable weapon.
24        (7) Agents and investigators of the Illinois
25    Legislative Investigating Commission authorized by the
26    Commission to carry the weapons specified in subsections

 

 

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1    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2    any investigation for the Commission.
3        (8) Persons employed by a financial institution for the
4    protection of other employees and property related to such
5    financial institution, while actually engaged in the
6    performance of their duties, commuting between their homes
7    and places of employment, or traveling between sites or
8    properties owned or operated by such financial
9    institution, provided that any person so employed has
10    successfully completed a course of study, approved by and
11    supervised by the Department of Professional Regulation,
12    consisting of not less than 40 hours of training which
13    includes theory of law enforcement, liability for acts, and
14    the handling of weapons. A person shall be considered to be
15    eligible for this exemption if he or she has completed the
16    required 20 hours of training for a security officer and 20
17    hours of required firearm training, and has been issued a
18    firearm control card by the Department of Professional
19    Regulation. Conditions for renewal of firearm control
20    cards issued under the provisions of this Section shall be
21    the same as for those issued under the provisions of the
22    Private Detective, Private Alarm, Private Security,
23    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
24    control card shall be carried by the person so trained at
25    all times when such person is in possession of a
26    concealable weapon. For purposes of this subsection,

 

 

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1    "financial institution" means a bank, savings and loan
2    association, credit union or company providing armored car
3    services.
4        (9) Any person employed by an armored car company to
5    drive an armored car, while actually engaged in the
6    performance of his duties.
7        (10) Persons who have been classified as peace officers
8    pursuant to the Peace Officer Fire Investigation Act.
9        (11) Investigators of the Office of the State's
10    Attorneys Appellate Prosecutor authorized by the board of
11    governors of the Office of the State's Attorneys Appellate
12    Prosecutor to carry weapons pursuant to Section 7.06 of the
13    State's Attorneys Appellate Prosecutor's Act.
14        (12) Special investigators appointed by a State's
15    Attorney under Section 3-9005 of the Counties Code.
16        (12.5) Probation officers while in the performance of
17    their duties, or while commuting between their homes,
18    places of employment or specific locations that are part of
19    their assigned duties, with the consent of the chief judge
20    of the circuit for which they are employed.
21        (13) Court Security Officers while in the performance
22    of their official duties, or while commuting between their
23    homes and places of employment, with the consent of the
24    Sheriff.
25        (13.5) A person employed as an armed security guard at
26    a nuclear energy, storage, weapons or development site or

 

 

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1    facility regulated by the Nuclear Regulatory Commission
2    who has completed the background screening and training
3    mandated by the rules and regulations of the Nuclear
4    Regulatory Commission.
5        (14) Manufacture, transportation, or sale of weapons
6    to persons authorized under subdivisions (1) through
7    (13.5) of this subsection to possess those weapons.
8    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10        (1) Members of any club or organization organized for
11    the purpose of practicing shooting at targets upon
12    established target ranges, whether public or private, and
13    patrons of such ranges, while such members or patrons are
14    using their firearms on those target ranges.
15        (2) Duly authorized military or civil organizations
16    while parading, with the special permission of the
17    Governor.
18        (3) Hunters, trappers or fishermen with a license or
19    permit while engaged in hunting, trapping or fishing.
20        (4) Transportation of weapons that are broken down in a
21    non-functioning state or are not immediately accessible.
22        (5) Carrying or possessing any pistol, revolver, stun
23    gun or taser or other firearm on the land or in the legal
24    dwelling of another person as an invitee with that person's
25    permission.
26    (c) Subsection 24-1(a)(7) does not apply to or affect any

 

 

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1of the following:
2        (1) Peace officers while in performance of their
3    official duties.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard, while in
9    the performance of their official duty.
10        (4) Manufacture, transportation, or sale of machine
11    guns to persons authorized under subdivisions (1) through
12    (3) of this subsection to possess machine guns, if the
13    machine guns are broken down in a non-functioning state or
14    are not immediately accessible.
15        (5) Persons licensed under federal law to manufacture
16    any weapon from which 8 or more shots or bullets can be
17    discharged by a single function of the firing device, or
18    ammunition for such weapons, and actually engaged in the
19    business of manufacturing such weapons or ammunition, but
20    only with respect to activities which are within the lawful
21    scope of such business, such as the manufacture,
22    transportation, or testing of such weapons or ammunition.
23    This exemption does not authorize the general private
24    possession of any weapon from which 8 or more shots or
25    bullets can be discharged by a single function of the
26    firing device, but only such possession and activities as

 

 

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1    are within the lawful scope of a licensed manufacturing
2    business described in this paragraph.
3        During transportation, such weapons shall be broken
4    down in a non-functioning state or not immediately
5    accessible.
6        (6) The manufacture, transport, testing, delivery,
7    transfer or sale, and all lawful commercial or experimental
8    activities necessary thereto, of rifles, shotguns, and
9    weapons made from rifles or shotguns, or ammunition for
10    such rifles, shotguns or weapons, where engaged in by a
11    person operating as a contractor or subcontractor pursuant
12    to a contract or subcontract for the development and supply
13    of such rifles, shotguns, weapons or ammunition to the
14    United States government or any branch of the Armed Forces
15    of the United States, when such activities are necessary
16    and incident to fulfilling the terms of such contract.
17        The exemption granted under this subdivision (c)(6)
18    shall also apply to any authorized agent of any such
19    contractor or subcontractor who is operating within the
20    scope of his employment, where such activities involving
21    such weapon, weapons or ammunition are necessary and
22    incident to fulfilling the terms of such contract.
23        During transportation, any such weapon shall be broken
24    down in a non-functioning state, or not immediately
25    accessible.
26    (d) Subsection 24-1(a)(1) does not apply to the purchase,

 

 

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1possession or carrying of a black-jack or slung-shot by a peace
2officer.
3    (e) Subsection 24-1(a)(8) does not apply to any owner,
4manager or authorized employee of any place specified in that
5subsection nor to any law enforcement officer.
6    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
7Section 24-1.6 do not apply to members of any club or
8organization organized for the purpose of practicing shooting
9at targets upon established target ranges, whether public or
10private, while using their firearms on those target ranges.
11    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
12to:
13        (1) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard, while in
15    the performance of their official duty.
16        (2) Bonafide collectors of antique or surplus military
17    ordinance.
18        (3) Laboratories having a department of forensic
19    ballistics, or specializing in the development of
20    ammunition or explosive ordinance.
21        (4) Commerce, preparation, assembly or possession of
22    explosive bullets by manufacturers of ammunition licensed
23    by the federal government, in connection with the supply of
24    those organizations and persons exempted by subdivision
25    (g)(1) of this Section, or like organizations and persons
26    outside this State, or the transportation of explosive

 

 

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1    bullets to any organization or person exempted in this
2    Section by a common carrier or by a vehicle owned or leased
3    by an exempted manufacturer.
4    (g-5) Subsection 24-1(a)(6) does not apply to or affect
5persons licensed under federal law to manufacture any device or
6attachment of any kind designed, used, or intended for use in
7silencing the report of any firearm, firearms, or ammunition
8for those firearms equipped with those devices, and actually
9engaged in the business of manufacturing those devices,
10firearms, or ammunition, but only with respect to activities
11that are within the lawful scope of that business, such as the
12manufacture, transportation, or testing of those devices,
13firearms, or ammunition. This exemption does not authorize the
14general private possession of any device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm, but only such possession and activities
17as are within the lawful scope of a licensed manufacturing
18business described in this subsection (g-5). During
19transportation, these those devices shall be detached from any
20weapon or not immediately accessible.
21    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any parole agent or parole
23supervisor who meets the qualifications and conditions
24prescribed in Section 3-14-1.5 of the Unified Code of
25Corrections.
26    (g-7) Subsection 24-1(a)(6) does not apply to a peace

 

 

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1officer while serving as a member of a tactical response team
2or special operations team. A peace officer may not personally
3own or apply for ownership of a device or attachment of any
4kind designed, used, or intended for use in silencing the
5report of any firearm. These devices shall be owned and
6maintained by lawfully recognized units of government whose
7duties include the investigation of criminal acts.
8    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
10athlete's possession, transport on official Olympic and
11Paralympic transit systems established for athletes, or use of
12competition firearms sanctioned by the International Olympic
13Committee, the International Paralympic Committee, the
14International Shooting Sport Federation, or USA Shooting in
15connection with such athlete's training for and participation
16in shooting competitions at the 2016 Olympic and Paralympic
17Games and sanctioned test events leading up to the 2016 Olympic
18and Paralympic Games.
19    (h) An information or indictment based upon a violation of
20any subsection of this Article need not negative any exemptions
21contained in this Article. The defendant shall have the burden
22of proving such an exemption.
23    (i) Nothing in this Article shall prohibit, apply to, or
24affect the transportation, carrying, or possession, of any
25pistol or revolver, stun gun, taser, or other firearm consigned
26to a common carrier operating under license of the State of

 

 

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1Illinois or the federal government, where such transportation,
2carrying, or possession is incident to the lawful
3transportation in which such common carrier is engaged; and
4nothing in this Article shall prohibit, apply to, or affect the
5transportation, carrying, or possession of any pistol,
6revolver, stun gun, taser, or other firearm, not the subject of
7and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
8this Article, which is unloaded and enclosed in a case, firearm
9carrying box, shipping box, or other container, by the
10possessor of a valid Firearm Owners Identification Card.
11(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
1295-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
1396-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)