Full Text of HB2722 100th General Assembly
HB2722 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2722 Introduced , by Rep. Deb Conroy SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/14 | from Ch. 38, par. 83-14 | 430 ILCS 66/70 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.6 | |
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Amends the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and the Criminal Code of 2012. Provides that a person convicted of various violations concerning the unlawful carrying or possession of a firearm, stun gun, or taser shall, in addition to any penalties provided for the violation, be subject to a mental health evaluation by a physician, qualified examiner, psychiatrist, or clinical psychologist to determine whether the person may be diagnosed with a mental health disorder, verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders-Fifth Edition published by the American Psychiatric Association (DSM-V), or its successor, or International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM), or its successor, that substantially impairs a person's cognitive, emotional, or behavioral functioning, or any combination of those.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 14 as follows:
| 6 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 7 | | Sec. 14. Sentence.
| 8 | | (a) Except as provided in subsection (a-5), a violation of | 9 | | paragraph (1) of subsection (a) of Section 2, when the
person's | 10 | | Firearm Owner's
Identification Card is expired but the person | 11 | | is not otherwise disqualified
from renewing the card, is a | 12 | | Class A misdemeanor.
| 13 | | (a-5) A violation of paragraph (1) of subsection (a) of | 14 | | Section 2, when the
person's Firearm Owner's
Identification | 15 | | Card is expired but the person is not otherwise disqualified
| 16 | | from owning, purchasing, or possessing firearms, is a petty | 17 | | offense if the card was expired for 6 months or less from the | 18 | | date of expiration. | 19 | | (b) Except as provided in subsection (a) with respect to an | 20 | | expired
card, a violation of paragraph (1) of subsection (a) of | 21 | | Section 2 is a
Class A misdemeanor when the person does not | 22 | | possess a currently valid Firearm
Owner's Identification Card, | 23 | | but is otherwise eligible under this Act. A
second or |
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| 1 | | subsequent violation is a Class 4 felony.
| 2 | | (c) A violation of paragraph (1) of subsection (a) of | 3 | | Section 2 is a Class
3 felony when:
| 4 | | (1) the person's Firearm Owner's Identification Card | 5 | | is revoked or
subject to revocation under Section 8; or
| 6 | | (2) the person's Firearm Owner's Identification Card | 7 | | is expired and not
otherwise eligible for renewal under | 8 | | this Act; or
| 9 | | (3) the person does not possess a currently valid | 10 | | Firearm Owner's
Identification Card, and the person is not | 11 | | otherwise eligible under this
Act.
| 12 | | In addition to any penalties under this Section, a person | 13 | | convicted of a violation of paragraph (1) of subsection (a) of | 14 | | Section 2 of this Act and at the time of the offense carries | 15 | | any firearm, stun gun, or taser in any prohibited area under | 16 | | Section 65 of the Firearm Concealed Carry Act, shall be subject | 17 | | to a mental health evaluation by a physician, qualified | 18 | | examiner, psychiatrist, or clinical psychologist to determine | 19 | | whether the person may be diagnosed with a mental health | 20 | | disorder, verified by a diagnosis contained in the Diagnostic | 21 | | and Statistical Manual of Mental Disorders-Fifth Edition | 22 | | published by the American Psychiatric Association (DSM-V), or | 23 | | its successor, or International Classification of Diseases, | 24 | | 10th Revision, Clinical Modification (ICD-10-CM), or its | 25 | | successor, that substantially impairs a person's cognitive, | 26 | | emotional, or behavioral functioning, or any combination of |
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| 1 | | those. | 2 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 3 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 4 | | (d-5) Any person who knowingly enters false information on | 5 | | an application
for a Firearm Owner's Identification Card, who | 6 | | knowingly gives a false answer
to any question on the | 7 | | application, or who knowingly submits false evidence in
| 8 | | connection with an application is guilty of a Class 2 felony.
| 9 | | (e) Except as provided by Section 6.1 of this Act, any | 10 | | other
violation of this Act is a Class A misdemeanor.
| 11 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 12 | | Section 10. The Firearm Concealed Carry Act is amended by | 13 | | changing Section 70 as follows: | 14 | | (430 ILCS 66/70)
| 15 | | Sec. 70. Violations. | 16 | | (a) A license issued or renewed under this Act shall be | 17 | | revoked if, at any time, the licensee is found to be ineligible | 18 | | for a license under this Act or the licensee no longer meets | 19 | | the eligibility requirements of the Firearm Owners | 20 | | Identification Card Act. | 21 | | (b) A license shall be suspended if an order of protection, | 22 | | including an emergency order of protection, plenary order of | 23 | | protection, or interim order of protection under Article 112A | 24 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
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| 1 | | Domestic Violence Act of 1986, is issued against a licensee for | 2 | | the duration of the order, or if the Department is made aware | 3 | | of a similar order issued against the licensee in any other | 4 | | jurisdiction. If an order of protection is issued against a | 5 | | licensee, the licensee shall surrender the license, as | 6 | | applicable, to the court at the time the order is entered or to | 7 | | the law enforcement agency or entity serving process at the | 8 | | time the licensee is served the order. The court, law | 9 | | enforcement agency, or entity responsible for serving the order | 10 | | of protection shall notify the Department within 7 days and | 11 | | transmit the license to the Department. | 12 | | (c) A license is invalid upon expiration of the license, | 13 | | unless the licensee has submitted an application to renew the | 14 | | license, and the applicant is otherwise eligible to possess a | 15 | | license under this Act. | 16 | | (d) A licensee shall not carry a concealed firearm while | 17 | | under the influence of alcohol, other drug or drugs, | 18 | | intoxicating compound or combination of compounds, or any | 19 | | combination thereof, under the standards set forth in | 20 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | 21 | | A licensee in violation of this subsection (d) shall be | 22 | | guilty of a Class A misdemeanor for a first or second violation | 23 | | and a Class 4 felony for a third violation. The Department may | 24 | | suspend a license for up to 6 months for a second violation and | 25 | | shall permanently revoke a license for a third violation. | 26 | | (e) Except as otherwise provided, a licensee in violation |
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| 1 | | of this Act shall be guilty of a Class B misdemeanor. A second | 2 | | or subsequent violation is a Class A misdemeanor. The | 3 | | Department may suspend a license for up to 6 months for a | 4 | | second violation and shall permanently revoke a license for 3 | 5 | | or more violations of Section 65 of this Act. Any person | 6 | | convicted of a violation under this Section shall pay a $150 | 7 | | fee to be deposited into the Mental Health Reporting Fund, plus | 8 | | any applicable court costs or fees. | 9 | | (f) A licensee convicted or found guilty of a violation of | 10 | | this Act who has a valid license and is otherwise eligible to | 11 | | carry a concealed firearm shall only be subject to the | 12 | | penalties under this Section and shall not be subject to the | 13 | | penalties under Section 21-6, paragraph (4), (8), or (10) of | 14 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | 15 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the | 16 | | Criminal Code of 2012. Except as otherwise provided in this | 17 | | subsection, nothing in this subsection prohibits the licensee | 18 | | from being subjected to penalties for violations other than | 19 | | those specified in this Act. | 20 | | (g) A licensee whose license is revoked, suspended, or | 21 | | denied shall, within 48 hours of receiving notice of the | 22 | | revocation, suspension, or denial, surrender his or her | 23 | | concealed carry license to the local law enforcement agency | 24 | | where the person resides. The local law enforcement agency | 25 | | shall provide the licensee a receipt and transmit the concealed | 26 | | carry license to the Department of State Police. If the |
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| 1 | | licensee whose concealed carry license has been revoked, | 2 | | suspended, or denied fails to comply with the requirements of | 3 | | this subsection, the law enforcement agency where the person | 4 | | resides may petition the circuit court to issue a warrant to | 5 | | search for and seize the concealed carry license in the | 6 | | possession and under the custody or control of the licensee | 7 | | whose concealed carry license has been revoked, suspended, or | 8 | | denied. The observation of a concealed carry license in the | 9 | | possession of a person whose license has been revoked, | 10 | | suspended, or denied constitutes a sufficient basis for the | 11 | | arrest of that person for violation of this subsection. A | 12 | | violation of this subsection is a Class A misdemeanor. | 13 | | (h) A license issued or renewed under this Act shall be | 14 | | revoked if, at any time, the licensee is found ineligible for a | 15 | | Firearm Owner's Identification Card, or the licensee no longer | 16 | | possesses a valid Firearm Owner's Identification Card. A | 17 | | licensee whose license is revoked under this subsection (h) | 18 | | shall surrender his or her concealed carry license as provided | 19 | | for in subsection (g) of this Section. | 20 | | This subsection shall not apply to a person who has filed | 21 | | an application with the State Police for renewal of a Firearm
| 22 | | Owner's Identification Card and who is not otherwise ineligible | 23 | | to obtain a Firearm Owner's Identification Card.
| 24 | | (i) A certified firearms instructor who knowingly provides | 25 | | or offers to provide a false certification that an applicant | 26 | | has completed firearms training as required under this Act is |
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| 1 | | guilty of a Class A misdemeanor. A person guilty of a violation | 2 | | of this subsection (i) is not eligible for court supervision. | 3 | | The Department shall permanently revoke the firearms | 4 | | instructor certification of a person convicted under this | 5 | | subsection (i). | 6 | | (j) In addition to any penalties under this Section, a | 7 | | person convicted of a violation under Section 65 of this Act | 8 | | shall be subject to a mental health evaluation by a physician, | 9 | | qualified examiner, psychiatrist, or clinical psychologist to | 10 | | determine whether the person may be diagnosed with a mental | 11 | | health disorder, verified by a diagnosis contained in the | 12 | | Diagnostic and Statistical Manual of Mental Disorders-Fifth | 13 | | Edition published by the American Psychiatric Association | 14 | | (DSM-V), or its successor, or International Classification of | 15 | | Diseases, 10th Revision, Clinical Modification (ICD-10-CM), or | 16 | | its successor, that substantially impairs a person's | 17 | | cognitive, emotional, or behavioral functioning, or any | 18 | | combination of those. | 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | 20 | | eff. 8-15-14.) | 21 | | Section 15. The Criminal Code of 2012 is amended by | 22 | | changing Sections 24-1 and 24-1.6 as follows:
| 23 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 24 | | Sec. 24-1. Unlawful use of weapons.
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| 1 | | (a) A person commits the offense of unlawful use of weapons | 2 | | when
he knowingly:
| 3 | | (1) Sells, manufactures, purchases, possesses or | 4 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 5 | | sand-bag, metal knuckles or other knuckle weapon | 6 | | regardless of its composition, throwing star,
or any knife, | 7 | | commonly referred to as a switchblade knife, which has a
| 8 | | blade that opens automatically by hand pressure applied to | 9 | | a button,
spring or other device in the handle of the | 10 | | knife, or a ballistic knife,
which is a device that propels | 11 | | a knifelike blade as a projectile by means
of a coil | 12 | | spring, elastic material or compressed gas; or
| 13 | | (2) Carries or possesses with intent to use the same | 14 | | unlawfully
against another, a dagger, dirk, billy, | 15 | | dangerous knife, razor,
stiletto, broken bottle or other | 16 | | piece of glass, stun gun or taser or
any other dangerous or | 17 | | deadly weapon or instrument of like character; or
| 18 | | (3) Carries on or about his person or in any vehicle, a | 19 | | tear gas gun
projector or bomb or any object containing | 20 | | noxious liquid gas or
substance, other than an object | 21 | | containing a non-lethal noxious liquid gas
or substance | 22 | | designed solely for personal defense carried by a person 18
| 23 | | years of age or older; or
| 24 | | (4) Carries or possesses in any vehicle or concealed on | 25 | | or about his
person except when on his land or in his own | 26 | | abode, legal dwelling, or fixed place of
business, or on |
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| 1 | | the land or in the legal dwelling of another person as an | 2 | | invitee with that person's permission, any pistol, | 3 | | revolver, stun gun or taser or other firearm, except
that
| 4 | | this subsection (a) (4) does not apply to or affect | 5 | | transportation of weapons
that meet one of the following | 6 | | conditions:
| 7 | | (i) are broken down in a non-functioning state; or
| 8 | | (ii) are not immediately accessible; or
| 9 | | (iii) are unloaded and enclosed in a case, firearm | 10 | | carrying box,
shipping box, or other container by a | 11 | | person who has been issued a currently
valid Firearm | 12 | | Owner's
Identification Card; or | 13 | | (iv) are carried or possessed in accordance with | 14 | | the Firearm Concealed Carry Act by a person who has | 15 | | been issued a currently valid license under the Firearm | 16 | | Concealed Carry Act; or
| 17 | | (5) Sets a spring gun; or
| 18 | | (6) Possesses any device or attachment of any kind | 19 | | designed, used or
intended for use in silencing the report | 20 | | of any firearm; or
| 21 | | (7) Sells, manufactures, purchases, possesses or | 22 | | carries:
| 23 | | (i) a machine gun, which shall be defined for the | 24 | | purposes of this
subsection as any weapon,
which | 25 | | shoots, is designed to shoot, or can be readily | 26 | | restored to shoot,
automatically more than one shot |
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| 1 | | without manually reloading by a single
function of the | 2 | | trigger, including the frame or receiver
of any such | 3 | | weapon, or sells, manufactures, purchases, possesses, | 4 | | or
carries any combination of parts designed or | 5 | | intended for
use in converting any weapon into a | 6 | | machine gun, or any combination or
parts from which a | 7 | | machine gun can be assembled if such parts are in the
| 8 | | possession or under the control of a person;
| 9 | | (ii) any rifle having one or
more barrels less than | 10 | | 16 inches in length or a shotgun having one or more
| 11 | | barrels less than 18 inches in length or any weapon | 12 | | made from a rifle or
shotgun, whether by alteration, | 13 | | modification, or otherwise, if such a weapon
as | 14 | | modified has an overall length of less than 26 inches; | 15 | | or
| 16 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 17 | | other container containing an
explosive substance of | 18 | | over one-quarter ounce for like purposes, such
as, but | 19 | | not limited to, black powder bombs and Molotov | 20 | | cocktails or
artillery projectiles; or
| 21 | | (8) Carries or possesses any firearm, stun gun or taser | 22 | | or other
deadly weapon in any place which is licensed to | 23 | | sell intoxicating
beverages, or at any public gathering | 24 | | held pursuant to a license issued
by any governmental body | 25 | | or any public gathering at which an admission
is charged, | 26 | | excluding a place where a showing, demonstration or lecture
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| 1 | | involving the exhibition of unloaded firearms is | 2 | | conducted.
| 3 | | This subsection (a)(8) does not apply to any auction or | 4 | | raffle of a firearm
held pursuant to
a license or permit | 5 | | issued by a governmental body, nor does it apply to persons
| 6 | | engaged
in firearm safety training courses; or
| 7 | | (9) Carries or possesses in a vehicle or on or about | 8 | | his person any
pistol, revolver, stun gun or taser or | 9 | | firearm or ballistic knife, when
he is hooded, robed or | 10 | | masked in such manner as to conceal his identity; or
| 11 | | (10) Carries or possesses on or about his person, upon | 12 | | any public street,
alley, or other public lands within the | 13 | | corporate limits of a city, village
or incorporated town, | 14 | | except when an invitee thereon or therein, for the
purpose | 15 | | of the display of such weapon or the lawful commerce in | 16 | | weapons, or
except when on his land or in his own abode, | 17 | | legal dwelling, or fixed place of business, or on the land | 18 | | or in the legal dwelling of another person as an invitee | 19 | | with that person's permission, any
pistol, revolver, stun | 20 | | gun or taser or other firearm, except that this
subsection | 21 | | (a) (10) does not apply to or affect transportation of | 22 | | weapons that
meet one of the following conditions:
| 23 | | (i) are broken down in a non-functioning state; or
| 24 | | (ii) are not immediately accessible; or
| 25 | | (iii) are unloaded and enclosed in a case, firearm | 26 | | carrying box,
shipping box, or other container by a |
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| 1 | | person who has been issued a currently
valid Firearm | 2 | | Owner's
Identification Card; or
| 3 | | (iv) are carried or possessed in accordance with | 4 | | the Firearm Concealed Carry Act by a person who has | 5 | | been issued a currently valid license under the Firearm | 6 | | Concealed Carry Act. | 7 | | A "stun gun or taser", as used in this paragraph (a) | 8 | | means (i) any device
which is powered by electrical | 9 | | charging units, such as, batteries, and
which fires one or | 10 | | several barbs attached to a length of wire and
which, upon | 11 | | hitting a human, can send out a current capable of | 12 | | disrupting
the person's nervous system in such a manner as | 13 | | to render him incapable of
normal functioning or (ii) any | 14 | | device which is powered by electrical
charging units, such | 15 | | as batteries, and which, upon contact with a human or
| 16 | | clothing worn by a human, can send out current capable of | 17 | | disrupting
the person's nervous system in such a manner as | 18 | | to render him incapable
of normal functioning; or
| 19 | | (11) Sells, manufactures or purchases any explosive | 20 | | bullet. For purposes
of this paragraph (a) "explosive | 21 | | bullet" means the projectile portion of
an ammunition | 22 | | cartridge which contains or carries an explosive charge | 23 | | which
will explode upon contact with the flesh of a human | 24 | | or an animal.
"Cartridge" means a tubular metal case having | 25 | | a projectile affixed at the
front thereof and a cap or | 26 | | primer at the rear end thereof, with the
propellant |
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| 1 | | contained in such tube between the projectile and the cap; | 2 | | or
| 3 | | (12) (Blank); or
| 4 | | (13) Carries or possesses on or about his or her person | 5 | | while in a building occupied by a unit of government, a | 6 | | billy club, other weapon of like character, or other | 7 | | instrument of like character intended for use as a weapon. | 8 | | For the purposes of this Section, "billy club" means a | 9 | | short stick or club commonly carried by police officers | 10 | | which is either telescopic or constructed of a solid piece | 11 | | of wood or other man-made material. | 12 | | (b) Sentence. A person convicted of a violation of | 13 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 14 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 15 | | Class A
misdemeanor.
A person convicted of a violation of | 16 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 17 | | person
convicted of a violation of subsection 24-1(a)(6) or | 18 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 19 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 20 | | Class 2 felony and shall be sentenced to a term of imprisonment | 21 | | of not less than 3 years and not more than 7 years, unless the | 22 | | weapon is possessed in the
passenger compartment of a motor | 23 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 24 | | Code, or on the person, while the weapon is loaded, in which
| 25 | | case it shall be a Class X felony. A person convicted of a
| 26 | | second or subsequent violation of subsection 24-1(a)(4), |
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| 1 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 2 | | felony. The possession of each weapon in violation of this | 3 | | Section constitutes a single and separate violation.
| 4 | | (c) Violations in specific places.
| 5 | | (1) A person who violates subsection 24-1(a)(6) or | 6 | | 24-1(a)(7) in any
school, regardless of the time of day or | 7 | | the time of year, in residential
property owned, operated | 8 | | or managed by a public housing agency or
leased by
a public | 9 | | housing agency as part of a scattered site or mixed-income
| 10 | | development, in a
public park, in a courthouse, on the real | 11 | | property comprising any school,
regardless of the
time of | 12 | | day or the time of year, on residential property owned, | 13 | | operated
or
managed by a public housing agency
or leased by | 14 | | a public housing agency as part of a scattered site or
| 15 | | mixed-income development,
on the real property comprising | 16 | | any
public park, on the real property comprising any | 17 | | courthouse, in any conveyance
owned, leased or contracted | 18 | | by a school to
transport students to or from school or a | 19 | | school related activity, in any conveyance
owned, leased, | 20 | | or contracted by a public transportation agency, or on any
| 21 | | public way within 1,000 feet of the real property | 22 | | comprising any school,
public park, courthouse, public | 23 | | transportation facility, or residential property owned, | 24 | | operated, or managed
by a public housing agency
or leased | 25 | | by a public housing agency as part of a scattered site or
| 26 | | mixed-income development
commits a Class 2 felony and shall |
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| 1 | | be sentenced to a term of imprisonment of not less than 3 | 2 | | years and not more than 7 years.
| 3 | | (1.5) A person who violates subsection 24-1(a)(4), | 4 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 5 | | time of day or the time of year,
in residential property | 6 | | owned, operated, or managed by a public
housing
agency
or | 7 | | leased by a public housing agency as part of a scattered | 8 | | site or
mixed-income development,
in
a public
park, in a | 9 | | 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 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,
on | 14 | | the real property
comprising any public park, on the real | 15 | | property comprising any courthouse, in
any conveyance | 16 | | owned, leased, or contracted by a school to transport | 17 | | students
to or from school or a school related activity, in | 18 | | any conveyance
owned, leased, or contracted by a public | 19 | | transportation agency, or on any public way within
1,000 | 20 | | feet of the real property comprising any school, public | 21 | | park, courthouse,
public transportation facility, or | 22 | | residential property owned, operated, or managed by a | 23 | | public
housing agency
or leased by a public housing agency | 24 | | as part of a scattered site or
mixed-income development
| 25 | | commits a Class 3 felony.
| 26 | | (2) A person who violates subsection 24-1(a)(1), |
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| 1 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 2 | | time of day or the time of year, in
residential property | 3 | | owned, operated or managed by a public housing
agency
or | 4 | | leased by a public housing agency as part of a scattered | 5 | | site or
mixed-income development,
in
a public park, in a | 6 | | courthouse, on the real property comprising any school,
| 7 | | regardless of the time of day or the time of year, on | 8 | | residential property
owned, operated or managed by a public | 9 | | housing agency
or leased by a public housing agency as part | 10 | | of a scattered site or
mixed-income development,
on the | 11 | | real property
comprising any public park, on the real | 12 | | property comprising any courthouse, in
any conveyance | 13 | | owned, leased or contracted by a school to transport | 14 | | students
to or from school or a school related activity, in | 15 | | any conveyance
owned, leased, or contracted by a public | 16 | | transportation agency, or on any public way within
1,000 | 17 | | feet of the real property comprising any school, public | 18 | | park, courthouse,
public transportation facility, or | 19 | | residential property owned, operated, or managed by a | 20 | | public
housing agency or leased by a public housing agency | 21 | | as part of a scattered
site or mixed-income development | 22 | | commits a Class 4 felony. "Courthouse"
means any building | 23 | | that is used by the Circuit, Appellate, or Supreme Court of
| 24 | | this State for the conduct of official business.
| 25 | | (2.5) A person convicted of a violation of subsection | 26 | | 24-1(a)(4) or 24-1(a)(10) shall, in addition to any |
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| 1 | | penalties under this Section, be subject to a mental health | 2 | | evaluation by a physician, qualified examiner, | 3 | | psychiatrist, or clinical psychologist to determine | 4 | | whether the person may be diagnosed with a mental health | 5 | | disorder, verified by a diagnosis contained in the | 6 | | Diagnostic and Statistical Manual of Mental | 7 | | Disorders-Fifth Edition published by the American | 8 | | Psychiatric Association (DSM-V), or its successor, or | 9 | | International Classification of Diseases, 10th Revision, | 10 | | Clinical Modification (ICD-10-CM), or its successor, that | 11 | | substantially impairs a person's cognitive, emotional, or | 12 | | behavioral functioning, or any combination of those. | 13 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 14 | | (c) shall not
apply to law
enforcement officers or security | 15 | | officers of such school, college, or
university or to | 16 | | students carrying or possessing firearms for use in | 17 | | training
courses, parades, hunting, target shooting on | 18 | | school ranges, or otherwise with
the consent of school | 19 | | authorities and which firearms are transported unloaded
| 20 | | enclosed in a suitable case, box, or transportation | 21 | | package.
| 22 | | (4) For the purposes of this subsection (c), "school" | 23 | | means any public or
private elementary or secondary school, | 24 | | community college, college, or
university.
| 25 | | (5) For the purposes of this subsection (c), "public | 26 | | transportation agency" means a public or private agency |
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| 1 | | that provides for the transportation or conveyance of
| 2 | | persons by means available to the general public, except | 3 | | for transportation
by automobiles not used for conveyance | 4 | | of the general public as passengers; and "public | 5 | | transportation facility" means a terminal or other place
| 6 | | where one may obtain public transportation.
| 7 | | (d) The presence in an automobile other than a public | 8 | | omnibus of any
weapon, instrument or substance referred to in | 9 | | subsection (a)(7) is
prima facie evidence that it is in the | 10 | | possession of, and is being
carried by, all persons occupying | 11 | | such automobile at the time such
weapon, instrument or | 12 | | substance is found, except under the following
circumstances: | 13 | | (i) if such weapon, instrument or instrumentality is
found upon | 14 | | the person of one of the occupants therein; or (ii) if such
| 15 | | weapon, instrument or substance is found in an automobile | 16 | | operated for
hire by a duly licensed driver in the due, lawful | 17 | | and proper pursuit of
his trade, then such presumption shall | 18 | | not apply to the driver.
| 19 | | (e) Exemptions. Crossbows, Common or Compound bows and | 20 | | Underwater
Spearguns are exempted from the definition of | 21 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 22 | | of this Section.
| 23 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 24 | | (720 ILCS 5/24-1.6) | 25 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
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| 1 | | (a) A person commits the offense of aggravated unlawful use | 2 | | of a weapon when
he or she knowingly: | 3 | | (1) Carries on or about his or her person or in any | 4 | | vehicle or concealed
on or about his or her person except | 5 | | when on his or her land or in his or her
abode, legal | 6 | | dwelling, or fixed place of business, or on the land or in | 7 | | the legal dwelling of another person as an invitee with | 8 | | that person's permission, any pistol, revolver, stun gun or | 9 | | taser or
other firearm; or | 10 | | (2) Carries or possesses on or about his or her person, | 11 | | upon any public
street, alley, or other public lands within | 12 | | the corporate limits of a city,
village or incorporated | 13 | | town, except when an invitee thereon or therein, for
the | 14 | | purpose of the display of such weapon or the lawful | 15 | | commerce in weapons, or
except when on his or her own land | 16 | | or in his or her own abode, legal dwelling, or fixed place | 17 | | of
business, or on the land or in the legal dwelling of | 18 | | another person as an invitee with that person's permission, | 19 | | any pistol, revolver, stun gun or taser or other firearm; | 20 | | and | 21 | | (3) One of the following factors is present: | 22 | | (A) the firearm, other than a pistol, revolver, or | 23 | | handgun, possessed was uncased, loaded, and | 24 | | immediately accessible
at the time of the offense; or | 25 | | (A-5) the pistol, revolver, or handgun possessed | 26 | | was uncased, loaded, and immediately accessible
at the |
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| 1 | | time of the offense and the person possessing the | 2 | | pistol, revolver, or handgun has not been issued a | 3 | | currently valid license under the Firearm Concealed | 4 | | Carry Act; or | 5 | | (B) the firearm, other than a pistol, revolver, or | 6 | | handgun, possessed was uncased, unloaded, and the | 7 | | ammunition for
the weapon was immediately accessible | 8 | | at the time of the offense; or | 9 | | (B-5) the pistol, revolver, or handgun possessed | 10 | | was uncased, unloaded, and the ammunition for
the | 11 | | weapon was immediately accessible at the time of the | 12 | | offense and the person possessing the pistol, | 13 | | revolver, or handgun has not been issued a currently | 14 | | valid license under the Firearm Concealed Carry Act; or | 15 | | (C) the person possessing the firearm has not been | 16 | | issued a currently
valid Firearm Owner's | 17 | | Identification Card; or | 18 | | (D) the person possessing the weapon was | 19 | | previously adjudicated
a delinquent minor under the | 20 | | Juvenile Court Act of 1987 for an act that if
committed | 21 | | by an adult would be a felony; or | 22 | | (E) the person possessing the weapon was engaged in | 23 | | a misdemeanor
violation of the Cannabis
Control Act, in | 24 | | a misdemeanor violation of the Illinois Controlled | 25 | | Substances
Act, or in a misdemeanor violation of the | 26 | | Methamphetamine Control and Community Protection Act; |
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| 1 | | or | 2 | | (F) (blank); or | 3 | | (G) the person possessing the weapon had an a order | 4 | | of protection issued
against him or her within the | 5 | | previous 2 years; or | 6 | | (H) the person possessing the weapon was engaged in | 7 | | the commission or
attempted commission of
a | 8 | | misdemeanor involving the use or threat of violence | 9 | | against
the person or property of another; or | 10 | | (I) the person possessing the weapon was under 21 | 11 | | years of age and in
possession of a handgun, unless the | 12 | | person under 21
is engaged in lawful activities under | 13 | | the Wildlife Code or described in
subsection | 14 | | 24-2(b)(1), (b)(3), or 24-2(f). | 15 | | (a-5) "Handgun" as used in this Section has the meaning | 16 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 17 | | (b) "Stun gun or taser" as used in this Section has the | 18 | | same definition
given to it in Section 24-1 of this Code. | 19 | | (c) This Section does not apply to or affect the | 20 | | transportation or
possession
of weapons that: | 21 | | (i) are broken down in a non-functioning state; or | 22 | | (ii) are not immediately accessible; or | 23 | | (iii) are unloaded and enclosed in a case, firearm | 24 | | carrying box,
shipping box, or other container by a person | 25 | | who has been issued a currently
valid Firearm Owner's
| 26 | | Identification Card. |
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| 1 | | (d) Sentence. | 2 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 3 | | felony;
a second or subsequent offense is a Class 2 felony | 4 | | for which the person shall be sentenced to a term of | 5 | | imprisonment of not less than 3 years and not more than 7 | 6 | | years. | 7 | | (2) Except as otherwise provided in paragraphs (3) and | 8 | | (4) of this subsection (d), a first offense of aggravated | 9 | | unlawful use of a weapon committed with a firearm by a | 10 | | person 18 years of age or older where the factors listed in | 11 | | both items (A) and (C) or both items (A-5) and (C) of | 12 | | paragraph (3) of subsection (a) are present is a Class 4 | 13 | | felony, for which the person shall be sentenced to a term | 14 | | of imprisonment of not less than one year and not more than | 15 | | 3 years. | 16 | | (3) Aggravated unlawful use of
a weapon by a person who | 17 | | has been previously
convicted of a felony in this State or | 18 | | another jurisdiction is a Class 2
felony for which the | 19 | | person shall be sentenced to a term of imprisonment of not | 20 | | less than 3 years and not more than 7 years. | 21 | | (4) Aggravated unlawful use of a weapon while wearing | 22 | | or in possession of body armor as defined in Section 33F-1 | 23 | | by a person who has not been issued a valid Firearms | 24 | | Owner's Identification Card in accordance with Section 5 of | 25 | | the Firearm Owners Identification Card Act is a Class X | 26 | | felony.
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| 1 | | (5) A person convicted of a violation of this Section | 2 | | shall, in addition to any penalties under this Section, be | 3 | | subject to a mental health evaluation by a physician, | 4 | | qualified examiner, psychiatrist, or clinical psychologist | 5 | | to determine whether the person may be diagnosed with a | 6 | | mental health disorder, verified by a diagnosis contained | 7 | | in the Diagnostic and Statistical Manual of Mental | 8 | | Disorders-Fifth Edition published by the American | 9 | | Psychiatric Association (DSM-V), or its successor, or | 10 | | International Classification of Diseases, 10th Revision, | 11 | | Clinical Modification (ICD-10-CM), or its successor, that | 12 | | substantially impairs a person's cognitive, emotional, or | 13 | | behavioral functioning, or any combination of those. | 14 | | (e) The possession of each firearm in violation of this | 15 | | Section constitutes a single and separate violation. | 16 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
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