Full Text of HB1599 97th General Assembly
HB1599eng 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 24-1 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful Use of Weapons.
| 8 | | (a) A person commits the offense of unlawful use of weapons | 9 | | when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels | 18 | | a knifelike blade as a projectile by means
of a coil | 19 | | spring, elastic material or compressed gas; or
| 20 | | (2) Carries or possesses with intent to use the same | 21 | | unlawfully
against another, a dagger, dirk, billy, | 22 | | dangerous knife, razor,
stiletto, broken bottle or other | 23 | | piece of glass, stun gun or taser or
any other dangerous or |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (3) Carries on or about his person or in any vehicle, a | 3 | | tear gas gun
projector or bomb or any object containing | 4 | | noxious liquid gas or
substance, other than an object | 5 | | containing a non-lethal noxious liquid gas
or substance | 6 | | designed solely for personal defense carried by a person 18
| 7 | | years of age or older; or
| 8 | | (4) Carries or possesses in any vehicle or concealed on | 9 | | or about his
person except when on his land or in his own | 10 | | abode, legal dwelling, or fixed place of
business, or on | 11 | | the land or in the legal dwelling of another person as an | 12 | | invitee with that person's permission, any pistol, | 13 | | revolver, stun gun or taser or other firearm, except
that
| 14 | | this subsection (a) (4) does not apply to or affect | 15 | | transportation of weapons
that meet one of the following | 16 | | conditions:
| 17 | | (i) are broken down in a non-functioning state; or
| 18 | | (ii) are not immediately accessible; or
| 19 | | (iii) are unloaded and enclosed in a case, firearm | 20 | | carrying box,
shipping box, or other container by a | 21 | | person who has been issued a currently
valid Firearm | 22 | | Owner's
Identification Card; or
| 23 | | (5) Sets a spring gun; or
| 24 | | (6) Possesses any device or attachment of any kind | 25 | | designed, used or
intended for use in silencing the report | 26 | | of any firearm; or
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| 1 | | (7) Sells, manufactures, purchases, possesses or | 2 | | carries:
| 3 | | (i) a machine gun, which shall be defined for the | 4 | | purposes of this
subsection as any weapon,
which | 5 | | shoots, is designed to shoot, or can be readily | 6 | | restored to shoot,
automatically more than one shot | 7 | | without manually reloading by a single
function of the | 8 | | trigger, including the frame or receiver
of any such | 9 | | weapon, or sells, manufactures, purchases, possesses, | 10 | | or
carries any combination of parts designed or | 11 | | intended for
use in converting any weapon into a | 12 | | machine gun, or any combination or
parts from which a | 13 | | machine gun can be assembled if such parts are in the
| 14 | | possession or under the control of a person;
| 15 | | (ii) any rifle having one or
more barrels less than | 16 | | 16 inches in length or a shotgun having one or more
| 17 | | barrels less than 18 inches in length or any weapon | 18 | | made from a rifle or
shotgun, whether by alteration, | 19 | | modification, or otherwise, if such a weapon
as | 20 | | modified has an overall length of less than 26 inches; | 21 | | or
| 22 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 23 | | other container containing an
explosive substance of | 24 | | over one-quarter ounce for like purposes, such
as, but | 25 | | not limited to, black powder bombs and Molotov | 26 | | cocktails or
artillery projectiles; or
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| 1 | | (8) Carries or possesses any firearm, stun gun or taser | 2 | | or other
deadly weapon in any place which is licensed to | 3 | | sell intoxicating
beverages, or at any public gathering | 4 | | held pursuant to a license issued
by any governmental body | 5 | | or any public gathering at which an admission
is charged, | 6 | | excluding a place where a showing, demonstration or lecture
| 7 | | involving the exhibition of unloaded firearms is | 8 | | conducted.
| 9 | | This subsection (a)(8) does not apply to any auction or | 10 | | raffle of a firearm
held pursuant to
a license or permit | 11 | | issued by a governmental body, nor does it apply to persons
| 12 | | engaged
in firearm safety training courses; or
| 13 | | (9) Carries or possesses in a vehicle or on or about | 14 | | his person any
pistol, revolver, stun gun or taser or | 15 | | firearm or ballistic knife, when
he is hooded, robed or | 16 | | masked in such manner as to conceal his identity; or
| 17 | | (10) Carries or possesses on or about his person, upon | 18 | | any public street,
alley, or other public lands within the | 19 | | corporate limits of a city, village
or incorporated town, | 20 | | except when an invitee thereon or therein, for the
purpose | 21 | | of the display of such weapon or the lawful commerce in | 22 | | weapons, or
except when on his land or in his own abode, | 23 | | legal dwelling, or fixed place of business, or on the land | 24 | | or in the legal dwelling of another person as an invitee | 25 | | with that person's permission, any
pistol, revolver, stun | 26 | | gun or taser or other firearm, except that this
subsection |
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| 1 | | (a) (10) does not apply to or affect transportation of | 2 | | weapons that
meet one of the following conditions:
| 3 | | (i) are broken down in a non-functioning state; or
| 4 | | (ii) are not immediately accessible; or
| 5 | | (iii) are unloaded and enclosed in a case, firearm | 6 | | carrying box,
shipping box, or other container by a | 7 | | person who has been issued a currently
valid Firearm | 8 | | Owner's
Identification Card.
| 9 | | A "stun gun or taser", as used in this paragraph (a) | 10 | | means (i) any device
which is powered by electrical | 11 | | charging units, such as, batteries, and
which fires one or | 12 | | several barbs attached to a length of wire and
which, upon | 13 | | hitting a human, can send out a current capable of | 14 | | disrupting
the person's nervous system in such a manner as | 15 | | to render him incapable of
normal functioning or (ii) any | 16 | | device which is powered by electrical
charging units, such | 17 | | as batteries, and which, upon contact with a human or
| 18 | | clothing worn by a human, can send out current capable of | 19 | | disrupting
the person's nervous system in such a manner as | 20 | | to render him incapable
of normal functioning; or
| 21 | | (11) Sells, manufactures or purchases any explosive | 22 | | bullet. For purposes
of this paragraph (a) "explosive | 23 | | bullet" means the projectile portion of
an ammunition | 24 | | cartridge which contains or carries an explosive charge | 25 | | which
will explode upon contact with the flesh of a human | 26 | | or an animal.
"Cartridge" means a tubular metal case having |
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| 1 | | a projectile affixed at the
front thereof and a cap or | 2 | | primer at the rear end thereof, with the
propellant | 3 | | contained in such tube between the projectile and the cap; | 4 | | or
| 5 | | (12) (Blank); or
| 6 | | (13) Carries or possesses on or about his or her person | 7 | | while in a building occupied by a unit of government, a | 8 | | billy club, other weapon of like character, or other | 9 | | instrument of like character intended for use as a weapon. | 10 | | For the purposes of this Section, "billy club" means a | 11 | | short stick or club commonly carried by police officers | 12 | | which is either telescopic or constructed of a solid piece | 13 | | of wood or other man-made material. | 14 | | (b) Sentence. A person convicted of a violation of | 15 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 16 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 17 | | Class A
misdemeanor.
A person convicted of a violation of | 18 | | subsection 24-1(a)(4) or subsection 24-1(a)(10) commits a | 19 | | Class 4 felony if a semi-automatic assault weapon or high | 20 | | capacity ammunition was possessed in the commission of the | 21 | | offense. A person convicted of a violation of subsection
| 22 | | 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person | 23 | | convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) | 24 | | commits a
Class 3 felony if a semi-automatic assault weapon or | 25 | | high capacity ammunition was possessed in the commission of the | 26 | | offense; a person
convicted of a violation of subsection |
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| 1 | | 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. | 2 | | A person
convicted of a violation of subsection 24-1(a)(6) | 3 | | commits a Class 2 felony if a semi-automatic assault weapon or | 4 | | high capacity ammunition was possessed in the commission of the | 5 | | offense. A person convicted of a violation of subsection
| 6 | | 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced | 7 | | to a term of imprisonment of not less than 3 years and not more | 8 | | than 7 years, unless the weapon is possessed in the
passenger | 9 | | compartment of a motor vehicle as defined in Section 1-146 of | 10 | | the
Illinois Vehicle Code, or on the person, while the weapon | 11 | | is loaded, in which
case it shall be a Class X felony. A person | 12 | | convicted of a
second or subsequent violation of subsection | 13 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 14 | | Class 3 felony. A person convicted of a
second or subsequent | 15 | | violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
| 16 | | 24-1(a)(10) commits a Class 2 felony if a semi-automatic | 17 | | assault weapon or high capacity ammunition was possessed in the | 18 | | commission of the offense. The possession of each weapon in | 19 | | violation of this Section constitutes a single and separate | 20 | | violation.
| 21 | | (c) Violations in specific places.
| 22 | | (1) A person who violates subsection 24-1(a)(6) or | 23 | | 24-1(a)(7) in any
school, regardless of the time of day or | 24 | | the time of year, in residential
property owned, operated | 25 | | or managed by a public housing agency or
leased by
a public | 26 | | housing agency as part of a scattered site or mixed-income
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| 1 | | development, in a
public park, in a courthouse, on the real | 2 | | property comprising any school,
regardless of the
time of | 3 | | day or the time of year, on residential property owned, | 4 | | operated
or
managed by a public housing agency
or leased by | 5 | | a public housing agency as part of a scattered site or
| 6 | | mixed-income development,
on the real property comprising | 7 | | any
public park, on the real property comprising any | 8 | | courthouse, in any conveyance
owned, leased or contracted | 9 | | by a school to
transport students to or from school or a | 10 | | school related activity, in any conveyance
owned, leased, | 11 | | or contracted by a public transportation agency, or on any
| 12 | | public way within 1,000 feet of the real property | 13 | | comprising any school,
public park, courthouse, public | 14 | | transportation facility, or residential property owned, | 15 | | operated, or managed
by a public housing agency
or leased | 16 | | by a public housing agency as part of a scattered site or
| 17 | | mixed-income development
commits a Class 2 felony and shall | 18 | | be sentenced to a term of imprisonment of not less than 3 | 19 | | years and not more than 7 years. If a semi-automatic | 20 | | assault weapon or high capacity ammunition was possessed in | 21 | | the commission of the offense, the penalty is a Class 1 | 22 | | felony.
| 23 | | (1.5) A person who violates subsection 24-1(a)(4), | 24 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 25 | | time of day or the time of year,
in residential property | 26 | | owned, operated, or managed by a public
housing
agency
or |
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| 1 | | leased by a public housing agency as part of a scattered | 2 | | site or
mixed-income development,
in
a public
park, in a | 3 | | courthouse, on the real property comprising any school, | 4 | | regardless
of the time of day or the time of year, on | 5 | | residential property owned,
operated, or managed by a | 6 | | public housing agency
or leased by a public housing agency | 7 | | as part of a scattered site or
mixed-income development,
on | 8 | | the real property
comprising any public park, on the real | 9 | | property comprising any courthouse, in
any conveyance | 10 | | owned, leased, or contracted by a school to transport | 11 | | students
to or from school or a school related activity, in | 12 | | any conveyance
owned, leased, or contracted by a public | 13 | | transportation agency, or on any public way within
1,000 | 14 | | feet of the real property comprising any school, public | 15 | | park, courthouse,
public transportation facility, or | 16 | | residential property owned, operated, or managed by a | 17 | | public
housing agency
or leased by a public housing agency | 18 | | as part of a scattered site or
mixed-income development
| 19 | | commits a Class 3 felony. If a semi-automatic assault | 20 | | weapon or high capacity ammunition was possessed in the | 21 | | commission of the offense, the penalty is a Class 2 felony.
| 22 | | (2) A person who violates subsection 24-1(a)(1), | 23 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 24 | | time of day or the time of year, in
residential property | 25 | | owned, operated or managed by a public housing
agency
or | 26 | | leased by a public housing agency as part of a scattered |
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| 1 | | site or
mixed-income development,
in
a public park, in a | 2 | | courthouse, on the real property comprising any school,
| 3 | | regardless of the time of day or the time of year, on | 4 | | residential property
owned, operated or managed by a public | 5 | | housing agency
or leased by a public housing agency as part | 6 | | of a scattered site or
mixed-income development,
on the | 7 | | real property
comprising any public park, on the real | 8 | | property comprising any courthouse, in
any conveyance | 9 | | owned, leased or contracted by a school to transport | 10 | | students
to or from school or a school related activity, in | 11 | | any conveyance
owned, leased, or contracted by a public | 12 | | transportation agency, or on any public way within
1,000 | 13 | | feet of the real property comprising any school, public | 14 | | park, courthouse,
public transportation facility, or | 15 | | residential property owned, operated, or managed by a | 16 | | public
housing agency or leased by a public housing agency | 17 | | as part of a scattered
site or mixed-income development | 18 | | commits a Class 4 felony. "Courthouse"
means any building | 19 | | that is used by the Circuit, Appellate, or Supreme Court of
| 20 | | this State for the conduct of official business.
| 21 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 22 | | (c) shall not
apply to law
enforcement officers or security | 23 | | officers of such school, college, or
university or to | 24 | | students carrying or possessing firearms for use in | 25 | | training
courses, parades, hunting, target shooting on | 26 | | school ranges, or otherwise with
the consent of school |
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| 1 | | authorities and which firearms are transported unloaded
| 2 | | enclosed in a suitable case, box, or transportation | 3 | | package.
| 4 | | (4) For the purposes of this subsection (c), "school" | 5 | | means any public or
private elementary or secondary school, | 6 | | community college, college, or
university.
| 7 | | (5) For the purposes of this subsection (c), "public | 8 | | transportation agency" means a public or private agency | 9 | | that provides for the transportation or conveyance of
| 10 | | persons by means available to the general public, except | 11 | | for transportation
by automobiles not used for conveyance | 12 | | of the general public as passengers; and "public | 13 | | transportation facility" means a terminal or other place
| 14 | | where one may obtain public transportation.
| 15 | | (d) The presence in an automobile other than a public | 16 | | omnibus of any
weapon, instrument or substance referred to in | 17 | | subsection (a)(7) is
prima facie evidence that it is in the | 18 | | possession of, and is being
carried by, all persons occupying | 19 | | such automobile at the time such
weapon, instrument or | 20 | | substance is found, except under the following
circumstances: | 21 | | (i) if such weapon, instrument or instrumentality is
found upon | 22 | | the person of one of the occupants therein; or (ii) if such
| 23 | | weapon, instrument or substance is found in an automobile | 24 | | operated for
hire by a duly licensed driver in the due, lawful | 25 | | and proper pursuit of
his trade, then such presumption shall | 26 | | not apply to the driver.
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| 1 | | (e) Exemptions. Crossbows, Common or Compound bows and | 2 | | Underwater
Spearguns are exempted from the definition of | 3 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 4 | | of this Section.
| 5 | | (f) For purposes of this Section: | 6 | | "Semi-automatic assault weapon" means: | 7 | | (A) any of the firearms or types, replicas, or | 8 | | duplicates in any caliber of the firearms, known as: | 9 | | (i) Norinco, Mitchell, and Poly Technologies | 10 | | Avtomat Kalashnikovs (all models); | 11 | | (ii) Action Arms Israeli Military Industries | 12 | | UZI and Galil; | 13 | | (iii) Beretta AR-70 (SC-70); | 14 | | (iv) Colt AR-15; | 15 | | (v) Fabrique Nationale FN/FAL, FN/LAR, and | 16 | | FNC; | 17 | | (vi) SWD M-10, M-11, M-11/9, and M-12; | 18 | | (vii) Steyr AUG; | 19 | | (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 20 | | and | 21 | | (ix) any shotgun which contains its ammunition | 22 | | in a revolving cylinder, such as (but not limited | 23 | | to) the Street Sweeper and Striker 12; | 24 | | (B) a semi-automatic rifle that has an ability to | 25 | | accept a detachable magazine and has any of the | 26 | | following: |
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| 1 | | (i) a folding or telescoping stock; | 2 | | (ii) a pistol grip or thumbhole stock; | 3 | | (iii) a shroud that is attached to, or | 4 | | partially or completely encircles the barrel, and | 5 | | that permits the shooter to hold the firearm with | 6 | | the non-trigger hand without being burned; or | 7 | | (iv) a fixed magazine that has the capacity to | 8 | | accept more than 10 rounds of ammunition; | 9 | | (C) a semi-automatic pistol that has an ability to | 10 | | accept a detachable magazine and has any of the | 11 | | following: | 12 | | (i) a folding, telescoping, or thumbhole | 13 | | stock; | 14 | | (ii) a shroud that is attached to, or partially | 15 | | or completely encircles the barrel, and that | 16 | | permits the shooter to hold the firearm with the | 17 | | non-trigger hand without being burned; | 18 | | (iii) an ammunition magazine that attaches to | 19 | | the pistol outside of the pistol grip; | 20 | | (iv) a fixed magazine that has the capacity to | 21 | | accept more than 10 rounds of ammunition; | 22 | | (v) a manufactured weight of 50 ounces or more | 23 | | when the pistol is unloaded; or | 24 | | (vi) a semi-automatic version of an automatic | 25 | | firearm; | 26 | | (D) a semi-automatic shotgun that has any of the |
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| 1 | | following: | 2 | | (i) a folding or telescoping stock; | 3 | | (ii) a pistol grip or thumbhole stock; | 4 | | (iii) a fixed magazine capacity in excess of 5 | 5 | | rounds; or | 6 | | (iv) an ability to accept a detachable | 7 | | magazine. | 8 | | "Semi-automatic assault weapon" does not include: | 9 | | (A) any firearm that: | 10 | | (i) is manually operated by bolt, pump, lever, | 11 | | or slide action; | 12 | | (ii) is an "unserviceable firearm" or has been | 13 | | made permanently inoperable; or | 14 | | (iii) is an antique firearm; | 15 | | (B) any air rifle as defined in Section 1 of the | 16 | | Air Rifle Act. | 17 | | "High capacity ammunition" means ammunition of 50 or | 18 | | more caliber. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 20 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 21 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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