Full Text of HB3647 98th General Assembly
HB3647 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3647 Introduced , by Rep. Adam Brown SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Creates the criminal offense of the manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices. Makes it a Class 3 felony to knowingly possess materials with which a fire bomb, explosive material, or device can be made with the intent to manufacture a fire bomb, explosive material, or device, and to manufacture, transport, distribute, possess, or use a fire bomb, explosive material, or device. Makes it a Class 4 felony to construct, use, place, send, or cause to be sent any hoax explosive device so as to intentionally cause another person to believe that the device is a bomb or explosive. Provides exemptions. Effective immediately.
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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 2012 is amended by adding | 5 | | Section 24-2.3 as follows: | 6 | | (720 ILCS 5/24-2.3 new) | 7 | | Sec. 24-2.3. Manufacture, possession, use of fire bombs, | 8 | | explosive materials, devices, or hoax explosive devices. | 9 | | (a)
For the purpose of this Section: | 10 | | "Device" means any instrument, apparatus or contrivance, | 11 | | including its component parts, that is capable of producing or | 12 | | intended to produce an explosion but does not include fireworks | 13 | | as defined in Section 2 of the Fireworks Regulation Act of | 14 | | Illinois. | 15 | | "Explosive material" means any chemical compound, | 16 | | mechanical mixture or device that is commonly used or can be | 17 | | used for the purpose of producing an explosion and which | 18 | | contains any oxidizing and combustive agents or other | 19 | | ingredients in the proportions, quantities or packaging that an | 20 | | ignition by fire, friction, concussion, percussion, detonation | 21 | | or by any part of the compound or mixture may cause a sudden | 22 | | generation of highly heated gases. These materials include, but | 23 | | are not limited to, gunpowder, powders for blasting, high |
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| 1 | | explosives, blasting materials, fuses (other than electric | 2 | | circuit breakers), detonators, and other detonating agents and | 3 | | smokeless powder. | 4 | | "Fire bomb" means any container of a flammable material | 5 | | such as gasoline, kerosene, fuel oil, or other chemical | 6 | | compound, having a wick composed of any material or a device or | 7 | | other substance which, if set or ignited, is capable of | 8 | | igniting the flammable material or chemical compound but does | 9 | | not include a similar device commercially manufactured and used | 10 | | solely for the purpose of illumination or cooking. | 11 | | "Hoax explosive device" means any device which by its | 12 | | design, construction, content, or characteristics appears to | 13 | | be or to contain a bomb or other destructive device or | 14 | | explosive but which is an imitation of any device or explosive. | 15 | | (b) A person commits manufacture, possession, use of fire | 16 | | bombs, explosive materials, devices, or hoax explosive devices | 17 | | when he or she knowingly: | 18 | | (1) possesses materials with which a fire bomb, | 19 | | explosive material, or device can be made with the intent | 20 | | to manufacture a fire bomb, explosive material, or device; | 21 | | (2) manufactures, transports, distributes, possesses, | 22 | | or uses a fire bomb, explosive material, or device; or | 23 | | (3) constructs, uses, places, sends, or causes to be | 24 | | sent any hoax explosive device so as to intentionally cause | 25 | | another person to believe that the device is a bomb or | 26 | | explosive. |
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| 1 | | (c)
Nothing in this Section shall prohibit: | 2 | | (1) the authorized manufacture, transportation, | 3 | | distribution, use or possession of any material, | 4 | | substance, or device by a member of the armed forces of the | 5 | | United States, fire fighters, or law-enforcement officers; | 6 | | (2) the manufacture, transportation, distribution, use | 7 | | or possession of any material, substance, or device to be | 8 | | used solely for scientific research, educational purposes, | 9 | | or for any lawful purpose, subject to the provisions of | 10 | | Chapter 425 of the Illinois Compiled Statutes; or | 11 | | (3) the lawful manufacture of ammunition by a person | 12 | | for his or her own lawful use. | 13 | | (d) Sentence. A violation of paragraph (1) or (2) of | 14 | | subsection (b) is a Class 3 felony which, if imprisonment is | 15 | | imposed, shall not exceed 10 years. A violation of paragraph | 16 | | (3) of subsection (b) is a Class 4 felony which, if | 17 | | imprisonment is imposed, shall not exceed 5 years.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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