Full Text of SB1842 100th General Assembly
SB1842sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/4/2017
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| 1 | | AMENDMENT TO SENATE BILL 1842
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:
| 6 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| 7 | | Sec. 10-2. Aggravated kidnaping.
| 8 | | (a) A person commits the offense of
aggravated kidnaping | 9 | | when he or she commits kidnapping and:
| 10 | | (1) kidnaps with the intent to obtain ransom from the | 11 | | person
kidnaped or from any other person;
| 12 | | (2) takes as his or her victim a child under the age of | 13 | | 13 years, or a person with a severe or profound | 14 | | intellectual disability;
| 15 | | (3) inflicts great bodily harm, other than by the | 16 | | discharge of a
firearm, or commits another felony upon his |
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| 1 | | or her
victim;
| 2 | | (4) affixes or manipulates a mask, cloth, or garment in | 3 | | order to conceal his or her identity wears a hood, robe, or | 4 | | mask or conceals his or her identity ;
| 5 | | (5) commits the offense of kidnaping while armed with a | 6 | | dangerous
weapon, other than a firearm, as defined in | 7 | | Section 33A-1 of this
Code;
| 8 | | (6) commits the offense of kidnaping while armed with a | 9 | | firearm;
| 10 | | (7) during the commission of the offense of kidnaping, | 11 | | personally
discharges a firearm; or
| 12 | | (8) during the commission of the offense of kidnaping, | 13 | | personally discharges
a firearm that proximately causes | 14 | | great bodily harm, permanent
disability, permanent | 15 | | disfigurement, or death to another person.
| 16 | | As used in this Section, "ransom" includes money, benefit, | 17 | | or other
valuable thing or concession.
| 18 | | (b) Sentence. Aggravated kidnaping
in violation of | 19 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | 20 | | Class X felony.
A violation of subsection (a)(6) is a Class X | 21 | | felony for which 15 years
shall be added to the term of | 22 | | imprisonment imposed by the court. A violation of
subsection | 23 | | (a)(7) is a Class X felony for which 20 years shall be added to | 24 | | the
term of imprisonment imposed by the court. A violation of | 25 | | subsection (a)(8) is
a Class X felony for which 25 years or up | 26 | | to a term of natural life shall be
added to the term of |
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| 1 | | imprisonment imposed by the court. An offender under the age of | 2 | | 18 years at the time of the commission of aggravated kidnaping | 3 | | in violation of paragraphs (1) through (8) of subsection (a) | 4 | | shall be sentenced under Section 5-4.5-105 of the Unified Code | 5 | | of Corrections.
| 6 | | A person who has attained the age of 18 years at the time | 7 | | of the commission of the offense and who is convicted of a | 8 | | second or subsequent offense of
aggravated kidnaping shall be | 9 | | sentenced to a term of natural life imprisonment; except
that a | 10 | | sentence of natural life imprisonment shall not be
imposed | 11 | | under this Section unless the second or subsequent offense was
| 12 | | committed after conviction on the first offense. An offender | 13 | | under the age of 18 years at the time of the commission of the | 14 | | second or subsequent offense shall be sentenced under Section | 15 | | 5-4.5-105 of the Unified Code of Corrections.
| 16 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 17 | | eff. 7-28-16.)
| 18 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 19 | | Sec. 12-2. Aggravated assault.
| 20 | | (a) Offense based on location of conduct. A person commits | 21 | | aggravated assault when he or she commits an assault against an | 22 | | individual who is on or about a public way, public property, a | 23 | | public place of accommodation or amusement, or a sports venue. | 24 | | (b) Offense based on status of victim. A person commits | 25 | | aggravated assault when, in committing an assault, he or she |
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| 1 | | knows the individual assaulted to be any of the following: | 2 | | (1) A person with a physical disability or a person 60 | 3 | | years of age or older and the assault is without legal | 4 | | justification. | 5 | | (2) A teacher or school employee upon school grounds or | 6 | | grounds adjacent to a school or in any part of a building | 7 | | used for school purposes. | 8 | | (3) A park district employee upon park grounds or | 9 | | grounds adjacent to a park or in any part of a building | 10 | | used for park purposes. | 11 | | (4) A community policing volunteer, private security | 12 | | officer, or utility worker: | 13 | | (i) performing his or her official duties; | 14 | | (ii) assaulted to prevent performance of his or her | 15 | | official duties; or | 16 | | (iii) assaulted in retaliation for performing his | 17 | | or her official duties. | 18 | | (4.1) A peace officer, fireman, emergency management | 19 | | worker, or emergency medical services personnel: | 20 | | (i) performing his or her official duties; | 21 | | (ii) assaulted to prevent performance of his or her | 22 | | official duties; or | 23 | | (iii) assaulted in retaliation for performing his | 24 | | or her official duties. | 25 | | (5) A correctional officer or probation officer: | 26 | | (i) performing his or her official duties; |
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| 1 | | (ii) assaulted to prevent performance of his or her | 2 | | official duties; or | 3 | | (iii) assaulted in retaliation for performing his | 4 | | or her official duties. | 5 | | (6) A correctional institution employee, a county | 6 | | juvenile detention center employee who provides direct and | 7 | | continuous supervision of residents of a juvenile | 8 | | detention center, including a county juvenile detention | 9 | | center employee who supervises recreational activity for | 10 | | residents of a juvenile detention center, or a Department | 11 | | of Human Services employee, Department of Human Services | 12 | | officer, or employee of a subcontractor of the Department | 13 | | of Human Services supervising or controlling sexually | 14 | | dangerous persons or sexually violent persons: | 15 | | (i) performing his or her official duties; | 16 | | (ii) assaulted to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) assaulted in retaliation for performing his | 19 | | or her official duties. | 20 | | (7) An employee of the State of Illinois, a municipal | 21 | | corporation therein, or a political subdivision thereof, | 22 | | performing his or her official duties. | 23 | | (8) A transit employee performing his or her official | 24 | | duties, or a transit passenger. | 25 | | (9) A sports official or coach actively participating | 26 | | in any level of athletic competition within a sports venue, |
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| 1 | | on an indoor playing field or outdoor playing field, or | 2 | | within the immediate vicinity of such a facility or field. | 3 | | (10) A person authorized to serve process under Section | 4 | | 2-202 of the Code of Civil Procedure or a special process | 5 | | server appointed by the circuit court, while that | 6 | | individual is in the performance of his or her duties as a | 7 | | process server. | 8 | | (c) Offense based on use of firearm, device, or motor | 9 | | vehicle. A person commits aggravated assault when, in | 10 | | committing an assault, he or she does any of the following: | 11 | | (1) Uses a deadly weapon, an air rifle as defined in | 12 | | Section 24.8-0.1 of this Act, or any device manufactured | 13 | | and designed to be substantially similar in appearance to a | 14 | | firearm, other than by discharging a firearm. | 15 | | (2) Discharges a firearm, other than from a motor | 16 | | vehicle. | 17 | | (3) Discharges a firearm from a motor vehicle. | 18 | | (4) Affixes or manipulates a mask, cloth, or garment in | 19 | | order to conceal his or her identity Wears a hood, robe, or | 20 | | mask to conceal his or her identity . | 21 | | (5) Knowingly and without lawful justification shines | 22 | | or flashes a laser gun sight or other laser device attached | 23 | | to a firearm, or used in concert with a firearm, so that | 24 | | the laser beam strikes near or in the immediate vicinity of | 25 | | any person. | 26 | | (6) Uses a firearm, other than by discharging the |
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| 1 | | firearm, against a peace officer, community policing | 2 | | volunteer, fireman, private security officer, emergency | 3 | | management worker, emergency medical services personnel, | 4 | | employee of a police department, employee of a sheriff's | 5 | | department, or traffic control municipal employee: | 6 | | (i) performing his or her official duties; | 7 | | (ii) assaulted to prevent performance of his or her | 8 | | official duties; or | 9 | | (iii) assaulted in retaliation for performing his | 10 | | or her official duties. | 11 | | (7) Without justification operates a motor vehicle in a | 12 | | manner which places a person, other than a person listed in | 13 | | subdivision (b)(4), in reasonable apprehension of being | 14 | | struck by the moving motor vehicle. | 15 | | (8) Without justification operates a motor vehicle in a | 16 | | manner which places a person listed in subdivision (b)(4), | 17 | | in reasonable apprehension of being struck by the moving | 18 | | motor vehicle. | 19 | | (9) Knowingly video or audio records the offense with | 20 | | the intent to disseminate the recording. | 21 | | (d) Sentence. Aggravated assault as defined in subdivision | 22 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 23 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | 24 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) | 25 | | is a Class 4 felony if a Category I, Category II, or Category | 26 | | III weapon is used in the commission of the assault. Aggravated |
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| 1 | | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | 2 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | 3 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | 4 | | is a Class 3 felony. | 5 | | (e) For the purposes of this Section, "Category I weapon", | 6 | | "Category II weapon, and "Category III weapon" have the | 7 | | meanings ascribed to those terms in Section 33A-1 of this Code.
| 8 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | 9 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | 10 | | 99-816, eff. 8-15-16.)
| 11 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 12 | | Sec. 12-3.05. Aggravated battery.
| 13 | | (a) Offense based on injury. A person commits aggravated | 14 | | battery when, in committing a battery, other than by the | 15 | | discharge of a firearm, he or she knowingly does any of the | 16 | | following: | 17 | | (1) Causes great bodily harm or permanent disability or | 18 | | disfigurement. | 19 | | (2) Causes severe and permanent disability, great | 20 | | bodily harm, or disfigurement by means of a caustic or | 21 | | flammable substance, a poisonous gas, a deadly biological | 22 | | or chemical contaminant or agent, a radioactive substance, | 23 | | or a bomb or explosive compound. | 24 | | (3) Causes great bodily harm or permanent disability or | 25 | | disfigurement to an individual whom the person knows to be |
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| 1 | | a peace officer, community policing volunteer, fireman, | 2 | | private security officer, correctional institution | 3 | | employee, or Department of Human Services employee | 4 | | supervising or controlling sexually dangerous persons or | 5 | | sexually violent persons: | 6 | | (i) performing his or her official duties; | 7 | | (ii) battered to prevent performance of his or her | 8 | | official duties; or | 9 | | (iii) battered in retaliation for performing his | 10 | | or her official duties. | 11 | | (4) Causes great bodily harm or permanent disability or | 12 | | disfigurement to an individual 60 years of age or older. | 13 | | (5) Strangles another individual. | 14 | | (b) Offense based on injury to a child or person with an | 15 | | intellectual disability. A person who is at least 18 years of | 16 | | age commits aggravated battery when, in committing a battery, | 17 | | he or she knowingly and without legal justification by any | 18 | | means: | 19 | | (1) causes great bodily harm or permanent disability or | 20 | | disfigurement to any child under the age of 13 years, or to | 21 | | any person with a severe or profound intellectual | 22 | | disability; or | 23 | | (2) causes bodily harm or disability or disfigurement | 24 | | to any child under the age of 13 years or to any person | 25 | | with a severe or profound intellectual disability. | 26 | | (c) Offense based on location of conduct. A person commits |
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| 1 | | aggravated battery when, in committing a battery, other than by | 2 | | the discharge of a firearm, he or she is or the person battered | 3 | | is on or about a public way, public property, a public place of | 4 | | accommodation or amusement, a sports venue, or a domestic | 5 | | violence shelter. | 6 | | (d) Offense based on status of victim. A person commits | 7 | | aggravated battery when, in committing a battery, other than by | 8 | | discharge of a firearm, he or she knows the individual battered | 9 | | to be any of the following: | 10 | | (1) A person 60 years of age or older. | 11 | | (2) A person who is pregnant or has a physical | 12 | | disability. | 13 | | (3) A teacher or school employee upon school grounds or | 14 | | grounds adjacent to a school or in any part of a building | 15 | | used for school purposes. | 16 | | (4) A peace officer, community policing volunteer, | 17 | | fireman, private security officer, correctional | 18 | | institution employee, or Department of Human Services | 19 | | employee supervising or controlling sexually dangerous | 20 | | persons or sexually violent persons: | 21 | | (i) performing his or her official duties; | 22 | | (ii) battered to prevent performance of his or her | 23 | | official duties; or | 24 | | (iii) battered in retaliation for performing his | 25 | | or her official duties. | 26 | | (5) A judge, emergency management worker, emergency |
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| 1 | | medical services personnel, or utility worker: | 2 | | (i) performing his or her official duties; | 3 | | (ii) battered to prevent performance of his or her | 4 | | official duties; or | 5 | | (iii) battered in retaliation for performing his | 6 | | or her official duties. | 7 | | (6) An officer or employee of the State of Illinois, a | 8 | | unit of local government, or a school district, while | 9 | | performing his or her official duties. | 10 | | (7) A transit employee performing his or her official | 11 | | duties, or a transit passenger. | 12 | | (8) A taxi driver on duty. | 13 | | (9) A merchant who detains the person for an alleged | 14 | | commission of retail theft under Section 16-26 of this Code | 15 | | and the person without legal justification by any means | 16 | | causes bodily harm to the merchant. | 17 | | (10) A person authorized to serve process under Section | 18 | | 2-202 of the Code of Civil Procedure or a special process | 19 | | server appointed by the circuit court while that individual | 20 | | is in the performance of his or her duties as a process | 21 | | server. | 22 | | (11) A nurse while in the performance of his or her | 23 | | duties as a nurse. | 24 | | (e) Offense based on use of a firearm. A person commits | 25 | | aggravated battery when, in committing a battery, he or she | 26 | | knowingly does any of the following: |
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| 1 | | (1) Discharges a firearm, other than a machine gun or a | 2 | | firearm equipped with a silencer, and causes any injury to | 3 | | another person. | 4 | | (2) Discharges a firearm, other than a machine gun or a | 5 | | firearm equipped with a silencer, and causes any injury to | 6 | | a person he or she knows to be a peace officer, community | 7 | | policing volunteer, person summoned by a police officer, | 8 | | fireman, private security officer, correctional | 9 | | institution employee, or emergency management worker: | 10 | | (i) performing his or her official duties; | 11 | | (ii) battered to prevent performance of his or her | 12 | | official duties; or | 13 | | (iii) battered in retaliation for performing his | 14 | | or her official duties. | 15 | | (3) Discharges a firearm, other than a machine gun or a | 16 | | firearm equipped with a silencer, and causes any injury to | 17 | | a person he or she knows to be emergency medical services | 18 | | personnel: | 19 | | (i) performing his or her official duties; | 20 | | (ii) battered to prevent performance of his or her | 21 | | official duties; or | 22 | | (iii) battered in retaliation for performing his | 23 | | or her official duties. | 24 | | (4) Discharges a firearm and causes any injury to a | 25 | | person he or she knows to be a teacher, a student in a | 26 | | school, or a school employee, and the teacher, student, or |
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| 1 | | employee is upon school grounds or grounds adjacent to a | 2 | | school or in any part of a building used for school | 3 | | purposes. | 4 | | (5) Discharges a machine gun or a firearm equipped with | 5 | | a silencer, and causes any injury to another person. | 6 | | (6) Discharges a machine gun or a firearm equipped with | 7 | | a silencer, and causes any injury to a person he or she | 8 | | knows to be a peace officer, community policing volunteer, | 9 | | person summoned by a police officer, fireman, private | 10 | | security officer, correctional institution employee or | 11 | | emergency management worker: | 12 | | (i) performing his or her official duties; | 13 | | (ii) battered to prevent performance of his or her | 14 | | official duties; or | 15 | | (iii) battered in retaliation for performing his | 16 | | or her official duties. | 17 | | (7) Discharges a machine gun or a firearm equipped with | 18 | | a silencer, and causes any injury to a person he or she | 19 | | knows to be emergency medical services personnel: | 20 | | (i) performing his or her official duties; | 21 | | (ii) battered to prevent performance of his or her | 22 | | official duties; or | 23 | | (iii) battered in retaliation for performing his | 24 | | or her official duties. | 25 | | (8) Discharges a machine gun or a firearm equipped with | 26 | | a silencer, and causes any injury to a person he or she |
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| 1 | | knows to be a teacher, or a student in a school, or a | 2 | | school employee, and the teacher, student, or employee is | 3 | | upon school grounds or grounds adjacent to a school or in | 4 | | any part of a building used for school purposes. | 5 | | (f) Offense based on use of a weapon or device. A person | 6 | | commits aggravated battery when, in committing a battery, he or | 7 | | she does any of the following: | 8 | | (1) Uses a deadly weapon other than by discharge of a | 9 | | firearm, or uses an air rifle as defined in Section | 10 | | 24.8-0.1 of this Code. | 11 | | (2) Affixes or manipulates a mask, cloth, or garment in | 12 | | order to conceal his or her identity Wears a hood, robe, or | 13 | | mask to conceal his or her identity . | 14 | | (3) Knowingly and without lawful justification shines | 15 | | or flashes a laser gunsight or other laser device attached | 16 | | to a firearm, or used in concert with a firearm, so that | 17 | | the laser beam strikes upon or against the person of | 18 | | another. | 19 | | (4) Knowingly video or audio records the offense with | 20 | | the intent to disseminate the recording. | 21 | | (g) Offense based on certain conduct. A person commits | 22 | | aggravated battery when, other than by discharge of a firearm, | 23 | | he or she does any of the following: | 24 | | (1) Violates Section 401 of the Illinois Controlled | 25 | | Substances Act by unlawfully delivering a controlled | 26 | | substance to another and any user experiences great bodily |
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| 1 | | harm or permanent disability as a result of the injection, | 2 | | inhalation, or ingestion of any amount of the controlled | 3 | | substance. | 4 | | (2) Knowingly administers to an individual or causes | 5 | | him or her to take, without his or her consent or by threat | 6 | | or deception, and for other than medical purposes, any | 7 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 8 | | or controlled substance, or gives to another person any | 9 | | food containing any substance or object intended to cause | 10 | | physical injury if eaten. | 11 | | (3) Knowingly causes or attempts to cause a | 12 | | correctional institution employee or Department of Human | 13 | | Services employee to come into contact with blood, seminal | 14 | | fluid, urine, or feces by throwing, tossing, or expelling | 15 | | the fluid or material, and the person is an inmate of a | 16 | | penal institution or is a sexually dangerous person or | 17 | | sexually violent person in the custody of the Department of | 18 | | Human Services. | 19 | | (h) Sentence. Unless otherwise provided, aggravated | 20 | | battery is a Class 3 felony. | 21 | | Aggravated battery as defined in subdivision (a)(4), | 22 | | (d)(4), or (g)(3) is a Class 2 felony. | 23 | | Aggravated battery as defined in subdivision (a)(3) or | 24 | | (g)(1) is a Class 1 felony. | 25 | | Aggravated battery as defined in subdivision (a)(1) is a | 26 | | Class 1 felony when the aggravated battery was intentional and |
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| 1 | | involved the infliction of torture, as defined in paragraph | 2 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 3 | | infliction of or subjection to extreme physical pain, motivated | 4 | | by an intent to increase or prolong the pain, suffering, or | 5 | | agony of the victim. | 6 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 7 | | felony if: | 8 | | (A) the person used or attempted to use a dangerous
| 9 | | instrument while committing the offense; or | 10 | | (B) the person caused great bodily harm or
permanent | 11 | | disability or disfigurement to the other
person while | 12 | | committing the offense; or | 13 | | (C) the person has been previously convicted of a
| 14 | | violation of subdivision (a)(5) under the laws of this
| 15 | | State or laws similar to subdivision (a)(5) of any other
| 16 | | state. | 17 | | Aggravated battery as defined in subdivision (e)(1) is a | 18 | | Class X felony. | 19 | | Aggravated battery as defined in subdivision (a)(2) is a | 20 | | Class X felony for which a person shall be sentenced to a term | 21 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 22 | | years. | 23 | | Aggravated battery as defined in subdivision (e)(5) is a | 24 | | Class X felony for which a person shall be sentenced to a term | 25 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 26 | | years. |
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| 1 | | Aggravated battery as defined in subdivision (e)(2), | 2 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 3 | | be sentenced to a term of imprisonment of a minimum of 15 years | 4 | | and a maximum of 60 years. | 5 | | Aggravated battery as defined in subdivision (e)(6), | 6 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 7 | | be sentenced to a term of imprisonment of a minimum of 20 years | 8 | | and a maximum of 60 years. | 9 | | Aggravated battery as defined in subdivision (b)(1) is a | 10 | | Class X felony, except that: | 11 | | (1) if the person committed the offense while armed | 12 | | with a firearm, 15 years shall be added to the term of | 13 | | imprisonment imposed by the court; | 14 | | (2) if, during the commission of the offense, the | 15 | | person personally discharged a firearm, 20 years shall be | 16 | | added to the term of imprisonment imposed by the court; | 17 | | (3) if, during the commission of the offense, the | 18 | | person personally discharged a firearm that proximately | 19 | | caused great bodily harm, permanent disability, permanent | 20 | | disfigurement, or death to another person, 25 years or up | 21 | | to a term of natural life shall be added to the term of | 22 | | imprisonment imposed by the court. | 23 | | (i) Definitions. For the purposes of this Section: | 24 | | "Building or other structure used to provide shelter" has | 25 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 26 | | Violence Shelters Act. |
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| 1 | | "Domestic violence" has the meaning ascribed to it in | 2 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 3 | | "Domestic violence shelter" means any building or other | 4 | | structure used to provide shelter or other services to victims | 5 | | or to the dependent children of victims of domestic violence | 6 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 7 | | Domestic Violence Shelters Act, or any place within 500 feet of | 8 | | such a building or other structure in the case of a person who | 9 | | is going to or from such a building or other structure. | 10 | | "Firearm" has the meaning provided under Section 1.1
of the | 11 | | Firearm Owners Identification Card Act, and does
not include an | 12 | | air rifle as defined by Section 24.8-0.1 of this Code. | 13 | | "Machine gun" has the meaning ascribed to it in Section | 14 | | 24-1 of this Code. | 15 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 16 | | of this Code. | 17 | | "Strangle" means
intentionally impeding the normal | 18 | | breathing or circulation of the blood of an individual by | 19 | | applying pressure on the throat
or neck of that individual or | 20 | | by blocking the nose or mouth of
that individual.
| 21 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | 22 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| 23 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 24 | | Sec. 24-1. Unlawful use of weapons.
| 25 | | (a) A person commits the offense of unlawful use of weapons |
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| 1 | | when
he knowingly:
| 2 | | (1) Sells, manufactures, purchases, possesses or | 3 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 4 | | sand-bag, metal knuckles or other knuckle weapon | 5 | | regardless of its composition, throwing star,
or any knife, | 6 | | commonly referred to as a switchblade knife, which has a
| 7 | | blade that opens automatically by hand pressure applied to | 8 | | a button,
spring or other device in the handle of the | 9 | | knife, or a ballistic knife,
which is a device that propels | 10 | | a knifelike blade as a projectile by means
of a coil | 11 | | spring, elastic material or compressed gas; or
| 12 | | (2) Carries or possesses with intent to use the same | 13 | | unlawfully
against another, a dagger, dirk, billy, | 14 | | dangerous knife, razor,
stiletto, broken bottle or other | 15 | | piece of glass, stun gun or taser or
any other dangerous or | 16 | | deadly weapon or instrument of like character; or
| 17 | | (3) Carries on or about his person or in any vehicle, a | 18 | | tear gas gun
projector or bomb or any object containing | 19 | | noxious liquid gas or
substance, other than an object | 20 | | containing a non-lethal noxious liquid gas
or substance | 21 | | designed solely for personal defense carried by a person 18
| 22 | | years of age or older; or
| 23 | | (4) Carries or possesses in any vehicle or concealed on | 24 | | or about his
person except when on his land or in his own | 25 | | abode, legal dwelling, or fixed place of
business, or on | 26 | | the land or in the legal dwelling of another person as an |
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| 1 | | invitee with that person's permission, any pistol, | 2 | | revolver, stun gun or taser or other firearm, except
that
| 3 | | this subsection (a) (4) does not apply to or affect | 4 | | transportation of weapons
that meet one of the following | 5 | | conditions:
| 6 | | (i) are broken down in a non-functioning state; or
| 7 | | (ii) are not immediately accessible; or
| 8 | | (iii) are unloaded and enclosed in a case, firearm | 9 | | carrying box,
shipping box, or other container by a | 10 | | person who has been issued a currently
valid Firearm | 11 | | Owner's
Identification Card; or | 12 | | (iv) are carried or possessed in accordance with | 13 | | the Firearm Concealed Carry Act by a person who has | 14 | | been issued a currently valid license under the Firearm | 15 | | Concealed Carry Act; or
| 16 | | (5) Sets a spring gun; or
| 17 | | (6) Possesses any device or attachment of any kind | 18 | | designed, used or
intended for use in silencing the report | 19 | | of any firearm; or
| 20 | | (7) Sells, manufactures, purchases, possesses or | 21 | | carries:
| 22 | | (i) a machine gun, which shall be defined for the | 23 | | purposes of this
subsection as any weapon,
which | 24 | | shoots, is designed to shoot, or can be readily | 25 | | restored to shoot,
automatically more than one shot | 26 | | without manually reloading by a single
function of the |
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| 1 | | trigger, including the frame or receiver
of any such | 2 | | weapon, or sells, manufactures, purchases, possesses, | 3 | | or
carries any combination of parts designed or | 4 | | intended for
use in converting any weapon into a | 5 | | machine gun, or any combination or
parts from which a | 6 | | machine gun can be assembled if such parts are in the
| 7 | | possession or under the control of a person;
| 8 | | (ii) any rifle having one or
more barrels less than | 9 | | 16 inches in length or a shotgun having one or more
| 10 | | barrels less than 18 inches in length or any weapon | 11 | | made from a rifle or
shotgun, whether by alteration, | 12 | | modification, or otherwise, if such a weapon
as | 13 | | modified has an overall length of less than 26 inches; | 14 | | or
| 15 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 16 | | other container containing an
explosive substance of | 17 | | over one-quarter ounce for like purposes, such
as, but | 18 | | not limited to, black powder bombs and Molotov | 19 | | cocktails or
artillery projectiles; or
| 20 | | (8) Carries or possesses any firearm, stun gun or taser | 21 | | or other
deadly weapon in any place which is licensed to | 22 | | sell intoxicating
beverages, or at any public gathering | 23 | | held pursuant to a license issued
by any governmental body | 24 | | or any public gathering at which an admission
is charged, | 25 | | excluding a place where a showing, demonstration or lecture
| 26 | | involving the exhibition of unloaded firearms is |
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| 1 | | conducted.
| 2 | | This subsection (a)(8) does not apply to any auction or | 3 | | raffle of a firearm
held pursuant to
a license or permit | 4 | | issued by a governmental body, nor does it apply to persons
| 5 | | engaged
in firearm safety training courses; or
| 6 | | (9) Carries or possesses in a vehicle or on or about | 7 | | his person any
pistol, revolver, stun gun or taser or | 8 | | firearm or ballistic knife, when
he or she affixes or | 9 | | manipulates a mask, cloth, or garment in order to conceal | 10 | | his or her identity is hooded, robed or masked in such | 11 | | manner as to conceal his identity ; or
| 12 | | (10) Carries or possesses on or about his person, upon | 13 | | any public street,
alley, or other public lands within the | 14 | | corporate limits of a city, village
or incorporated town, | 15 | | except when an invitee thereon or therein, for the
purpose | 16 | | of the display of such weapon or the lawful commerce in | 17 | | weapons, or
except when on his land or in his own abode, | 18 | | legal dwelling, or fixed place of business, or on the land | 19 | | or in the legal dwelling of another person as an invitee | 20 | | with that person's permission, any
pistol, revolver, stun | 21 | | gun or taser or other firearm, except that this
subsection | 22 | | (a) (10) does not apply to or affect transportation of | 23 | | weapons that
meet one of the following conditions:
| 24 | | (i) are broken down in a non-functioning state; or
| 25 | | (ii) are not immediately accessible; or
| 26 | | (iii) are unloaded and enclosed in a case, firearm |
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| 1 | | carrying box,
shipping box, or other container by a | 2 | | person who has been issued a currently
valid Firearm | 3 | | Owner's
Identification Card; or
| 4 | | (iv) are carried or possessed in accordance with | 5 | | the Firearm Concealed Carry Act by a person who has | 6 | | been issued a currently valid license under the Firearm | 7 | | Concealed Carry Act. | 8 | | A "stun gun or taser", as used in this paragraph (a) | 9 | | means (i) any device
which is powered by electrical | 10 | | charging units, such as, batteries, and
which fires one or | 11 | | several barbs attached to a length of wire and
which, upon | 12 | | hitting a human, can send out a current capable of | 13 | | disrupting
the person's nervous system in such a manner as | 14 | | to render him incapable of
normal functioning or (ii) any | 15 | | device which is powered by electrical
charging units, such | 16 | | as batteries, and which, upon contact with a human or
| 17 | | clothing worn by a human, can send out current capable of | 18 | | disrupting
the person's nervous system in such a manner as | 19 | | to render him incapable
of normal functioning; or
| 20 | | (11) Sells, manufactures or purchases any explosive | 21 | | bullet. For purposes
of this paragraph (a) "explosive | 22 | | bullet" means the projectile portion of
an ammunition | 23 | | cartridge which contains or carries an explosive charge | 24 | | which
will explode upon contact with the flesh of a human | 25 | | or an animal.
"Cartridge" means a tubular metal case having | 26 | | a projectile affixed at the
front thereof and a cap or |
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| 1 | | primer at the rear end thereof, with the
propellant | 2 | | contained in such tube between the projectile and the cap; | 3 | | or
| 4 | | (12) (Blank); or
| 5 | | (13) Carries or possesses on or about his or her person | 6 | | while in a building occupied by a unit of government, a | 7 | | billy club, other weapon of like character, or other | 8 | | instrument of like character intended for use as a weapon. | 9 | | For the purposes of this Section, "billy club" means a | 10 | | short stick or club commonly carried by police officers | 11 | | which is either telescopic or constructed of a solid piece | 12 | | of wood or other man-made material. | 13 | | (b) Sentence. A person convicted of a violation of | 14 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 15 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 16 | | Class A
misdemeanor.
A person convicted of a violation of | 17 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 18 | | person
convicted of a violation of subsection 24-1(a)(6) or | 19 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 20 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 21 | | Class 2 felony and shall be sentenced to a term of imprisonment | 22 | | of not less than 3 years and not more than 7 years, unless the | 23 | | weapon is possessed in the
passenger compartment of a motor | 24 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 25 | | Code, or on the person, while the weapon is loaded, in which
| 26 | | case it shall be a Class X felony. A person convicted of a
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| 1 | | second or subsequent violation of subsection 24-1(a)(4), | 2 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 3 | | felony. The possession of each weapon in violation of this | 4 | | Section constitutes a single and separate violation.
| 5 | | (c) Violations in specific places.
| 6 | | (1) A person who violates subsection 24-1(a)(6) or | 7 | | 24-1(a)(7) in any
school, regardless of the time of day or | 8 | | the time of year, in residential
property owned, operated | 9 | | or managed by a public housing agency or
leased by
a public | 10 | | housing agency as part of a scattered site or mixed-income
| 11 | | development, in a
public park, in a courthouse, on the real | 12 | | property comprising any school,
regardless of the
time of | 13 | | day or the time of year, on residential property owned, | 14 | | operated
or
managed by a public housing agency
or leased by | 15 | | a public housing agency as part of a scattered site or
| 16 | | mixed-income development,
on the real property comprising | 17 | | any
public park, on the real property comprising any | 18 | | courthouse, in any conveyance
owned, leased or contracted | 19 | | by a school to
transport students to or from school or a | 20 | | school related activity, in any conveyance
owned, leased, | 21 | | or contracted by a public transportation agency, or on any
| 22 | | public way within 1,000 feet of the real property | 23 | | comprising any school,
public park, courthouse, public | 24 | | transportation facility, or residential property owned, | 25 | | operated, or managed
by a public housing agency
or leased | 26 | | by a public housing agency as part of a scattered site or
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| 1 | | mixed-income development
commits a Class 2 felony and shall | 2 | | be sentenced to a term of imprisonment of not less than 3 | 3 | | years and not more than 7 years.
| 4 | | (1.5) A person who violates subsection 24-1(a)(4), | 5 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 6 | | time of day or the time of year,
in residential property | 7 | | owned, operated, or managed by a public
housing
agency
or | 8 | | leased by a public housing agency as part of a scattered | 9 | | site or
mixed-income development,
in
a public
park, in a | 10 | | courthouse, on the real property comprising any school, | 11 | | regardless
of the time of day or the time of year, on | 12 | | residential property owned,
operated, or managed by a | 13 | | public housing agency
or leased by a public housing agency | 14 | | as part of a scattered site or
mixed-income development,
on | 15 | | the real property
comprising any public park, on the real | 16 | | property comprising any courthouse, in
any conveyance | 17 | | owned, leased, or contracted by a school to transport | 18 | | students
to or from school or a school related activity, in | 19 | | any conveyance
owned, leased, or contracted by a public | 20 | | transportation agency, or on any public way within
1,000 | 21 | | feet of the real property comprising any school, public | 22 | | park, courthouse,
public transportation facility, or | 23 | | residential property owned, operated, or managed by a | 24 | | public
housing agency
or leased by a public housing agency | 25 | | as part of a scattered site or
mixed-income development
| 26 | | commits a Class 3 felony.
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| 1 | | (2) A person who violates subsection 24-1(a)(1), | 2 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 3 | | time of day or the time of year, in
residential property | 4 | | owned, operated or managed by a public housing
agency
or | 5 | | leased by a public housing agency as part of a scattered | 6 | | site or
mixed-income development,
in
a public park, in a | 7 | | courthouse, on the real property comprising any school,
| 8 | | regardless of the time of day or the time of year, on | 9 | | residential property
owned, operated or managed by a public | 10 | | housing agency
or leased by a public housing agency as part | 11 | | of a scattered site or
mixed-income development,
on the | 12 | | real property
comprising any public park, on the real | 13 | | property comprising any courthouse, in
any conveyance | 14 | | owned, leased or contracted by a school to transport | 15 | | students
to or from school or a school related activity, in | 16 | | any conveyance
owned, leased, or contracted by a public | 17 | | transportation agency, or on any public way within
1,000 | 18 | | feet of the real property comprising any school, public | 19 | | park, courthouse,
public transportation facility, or | 20 | | residential property owned, operated, or managed by a | 21 | | public
housing agency or leased by a public housing agency | 22 | | as part of a scattered
site or mixed-income development | 23 | | commits a Class 4 felony. "Courthouse"
means any building | 24 | | that is used by the Circuit, Appellate, or Supreme Court of
| 25 | | this State for the conduct of official business.
| 26 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
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| 1 | | (c) shall not
apply to law
enforcement officers or security | 2 | | officers of such school, college, or
university or to | 3 | | students carrying or possessing firearms for use in | 4 | | training
courses, parades, hunting, target shooting on | 5 | | school ranges, or otherwise with
the consent of school | 6 | | authorities and which firearms are transported unloaded
| 7 | | enclosed in a suitable case, box, or transportation | 8 | | package.
| 9 | | (4) For the purposes of this subsection (c), "school" | 10 | | means any public or
private elementary or secondary school, | 11 | | community college, college, or
university.
| 12 | | (5) For the purposes of this subsection (c), "public | 13 | | transportation agency" means a public or private agency | 14 | | that provides for the transportation or conveyance of
| 15 | | persons by means available to the general public, except | 16 | | for transportation
by automobiles not used for conveyance | 17 | | of the general public as passengers; and "public | 18 | | transportation facility" means a terminal or other place
| 19 | | where one may obtain public transportation.
| 20 | | (d) The presence in an automobile other than a public | 21 | | omnibus of any
weapon, instrument or substance referred to in | 22 | | subsection (a)(7) is
prima facie evidence that it is in the | 23 | | possession of, and is being
carried by, all persons occupying | 24 | | such automobile at the time such
weapon, instrument or | 25 | | substance is found, except under the following
circumstances: | 26 | | (i) if such weapon, instrument or instrumentality is
found upon |
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| 1 | | the person of one of the occupants therein; or (ii) if such
| 2 | | weapon, instrument or substance is found in an automobile | 3 | | operated for
hire by a duly licensed driver in the due, lawful | 4 | | and proper pursuit of
his trade, then such presumption shall | 5 | | not apply to the driver.
| 6 | | (e) Exemptions. Crossbows, Common or Compound bows and | 7 | | Underwater
Spearguns are exempted from the definition of | 8 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 9 | | of this Section.
| 10 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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