HB5406 98TH GENERAL ASSEMBLY

LRB098 19117 MRW 54268 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5406

Introduced , by Rep. Adam Brown

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-2.3 new

Amends the Criminal Code of 2012. Creates the offense of the manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices. Makes it a Class 3 felony to knowingly possess materials with which a fire bomb, explosive material, or device can be made with the intent to manufacture a fire bomb, explosive material, or device, and to manufacture, transport, distribute, possess, or use a fire bomb, explosive material, or device. Makes it a Class 4 felony to construct, use, place, send, or cause to be sent any hoax explosive device so as to intentionally cause another person to believe that the device is a bomb or explosive. Provides exemptions. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 24-2.3 as follows:

(720 ILCS 5/24-2.3 new)

Sec. 24-2.3. Manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices.

(a) For the purpose of this Section:

"Device" means any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but does not include fireworks as defined in Section 2 of the Fireworks Regulation Act of Illinois.

"Explosive material" means any chemical compound, mechanical mixture, or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive agents or other ingredients in the proportions, quantities, or packaging that an ignition by fire, friction, concussion, percussion, detonation, or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, gunpowder, powders for blasting, high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents and smokeless powder.

"Fire bomb" means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting the flammable material or chemical compound but does not include a similar device commercially manufactured and used solely for the purpose of illumination or cooking.

"Hoax explosive device" means any device which by its design, construction, content, or characteristics appears to be or to contain a bomb or other destructive device or explosive but which is an imitation of any device or explosive.

(b) A person commits manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices when he or she knowingly:

(1) possesses materials with which a fire bomb, explosive material, or device can be made with the intent to manufacture a fire bomb, explosive material, or device;

(2) manufactures, transports, distributes, possesses, or uses a fire bomb, explosive material, or device; or

(3) constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that the device is a bomb or explosive.

(c) Nothing in this Section shall prohibit:

(1) the authorized manufacture, transportation, distribution, use or possession of any material, substance, or device by a member of the armed forces of the United States, fire fighters, or law enforcement officers;

(2) the manufacture, transportation, distribution, use or possession of any material, substance, or device to be used solely for scientific research, educational purposes, or for any lawful purpose, subject to the provisions of Chapter 425 of the Illinois Compiled Statutes; or

(3) the lawful manufacture of ammunition by a person for his or her own lawful use.

(d) Sentence. A violation of paragraph (1) or (2) of subsection (b) is a Class 3 felony which, if imprisonment is imposed, shall not exceed 10 years. A violation of paragraph (3) of subsection (b) is a Class 4 felony which, if imprisonment is imposed, shall not exceed 5 years.

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