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90_HB0182eng
720 ILCS 5/24-1 from Ch. 38, par. 24-1
Amends the Criminal Code of 1961 to increase from a Class
2 to a Class 1 felony, the possession of a silencer, machine
gun, sawed-off shotgun, sawed-off rifle, or bomb in a school,
public housing, public park, courthouse, or on a public way
within 1,000 feet of the real property of those places or on
a conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity. Also increases from a Class 4 to a Class 1 felony
other weapons violations in those places. Increases the
penalty for carrying a firearm or for carrying a ballistic
knife while masked into those places from a Class 3 to a
Class 1 felony.
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1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Juvenile Court Act of 1987 is amended by
5 changing Section 5-4 as follows:
6 (705 ILCS 405/5-4) (from Ch. 37, par. 805-4)
7 Sec. 5-4. Criminal prosecutions limited.
8 (1) Except as provided in this Section, no minor who was
9 under 17 years of age at the time of the alleged offense may
10 be prosecuted under the criminal laws of this State or for
11 violation of an ordinance of any political subdivision of
12 this State.
13 (2) Subject to subsection (5) of Section 5-10, any minor
14 alleged to have committed a traffic, boating or fish and game
15 law violation, whether or not the violation is punishable by
16 imprisonment or an offense punishable by fine only, may be
17 prosecuted for the violation and if found guilty punished
18 under any statute or ordinance relating to the violation,
19 without reference to the procedures set out in this Act,
20 except that detention, if any, must be in compliance with
21 this Act.
22 For the purpose of this Section, "traffic violation"
23 shall include a violation of Section 9-3 of the Criminal Code
24 of 1961 relating to the offense of reckless homicide, or
25 Section 11-501 of the Illinois Vehicle Code, or any similar
26 provision of a local ordinance.
27 (3) (a) If a petition alleges commission by a minor 13
28 years of age or over of an act that constitutes a crime
29 under the laws of this State and, on motion of the
30 State's Attorney, a Juvenile Judge designated by the
31 Chief Judge of the Circuit to hear and determine those
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1 motions, after investigation and hearing but before
2 commencement of the adjudicatory hearing, finds that it
3 is not in the best interests of the minor or of the
4 public to proceed under this Act, the court may enter an
5 order permitting prosecution under the criminal laws.
6 (b) In making its determination on a motion to
7 permit prosecution under the criminal laws, the court
8 shall consider among other matters: (i) whether there is
9 sufficient evidence upon which a grand jury may be
10 expected to return an indictment; (ii) whether there is
11 evidence that the alleged offense was committed in an
12 aggressive and premeditated manner; (iii) the age of the
13 minor; (iv) the previous history of the minor; (v)
14 whether there are facilities particularly available to
15 the Juvenile Court for the treatment and rehabilitation
16 of the minor; (vi) whether the best interest of the minor
17 and the security of the public may require that the minor
18 continue in custody or under supervision for a period
19 extending beyond his minority; (vii) whether the minor
20 possessed a deadly weapon when committing the alleged
21 offense; and (viii) whether the alleged offense is a
22 felony offense under Section 5 of the Cannabis Control
23 Act committed while in a school, regardless of the time
24 of day or the time of year, or any conveyance owned,
25 leased or contracted by a school to transport students to
26 or from school or a school related activity, on the real
27 property comprising any school, regardless of the time of
28 day or the time of year, or on a public way within 1,000
29 feet of the real property comprising any school,
30 regardless of the time of day or the time of year.
31 School is defined, for the purposes of this Section, as
32 any public or private elementary or secondary school,
33 community college, college, or university. The rules of
34 evidence shall be the same as under Section 5-22 of this
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1 Act, but no hearing on the motion may be commenced unless
2 the minor is represented in court by counsel.
3 (c) If criminal proceedings are instituted, the
4 petition shall be dismissed insofar as the act or acts
5 involved in the criminal proceedings are concerned.
6 Taking of evidence in an adjudicatory hearing in any such
7 case is a bar to criminal proceedings based upon the
8 conduct alleged in the petition.
9 (3.1) If a petition alleges commission by a minor 15
10 years of age or older of an act that constitutes a forcible
11 felony under the laws of this State, and if a motion by the
12 State's Attorney to prosecute the minor under the criminal
13 laws of Illinois for the alleged forcible felony alleges that
14 (i) the minor has previously been adjudicated delinquent for
15 commission of an act that constitutes a felony under the laws
16 of this State or any other state and (ii) the act that
17 constitutes the offense was committed in furtherance of
18 criminal activity by an organized gang, the Juvenile Judge
19 designated to hear and determine those motions shall, upon
20 determining that there is probable cause that both
21 allegations are true, enter an order permitting prosecution
22 under the criminal laws of Illinois.
23 (3.2) If a petition alleges commission by a minor 15
24 years of age or older of an act that constitutes a felony
25 under the laws of this State, and if a motion by a State's
26 Attorney to prosecute the minor under the criminal laws of
27 Illinois for the alleged felony alleges that (i) the minor
28 has previously been adjudicated delinquent for commission of
29 an act that constitutes a forcible felony under the laws of
30 this State or any other state and (ii) the act that
31 constitutes the offense was committed in furtherance of
32 criminal activities by an organized gang, the Juvenile Judge
33 designated to hear and determine those motions shall, upon
34 determining that there is probable cause that both
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1 allegations are true, enter an order permitting prosecution
2 under the criminal laws of Illinois.
3 (3.3) (a) If the State's Attorney files a motion under
4 subsection (3)(a) to permit prosecution under the criminal
5 laws and the petition alleges the commission by a minor 15
6 years of age or older of: (i) a Class X felony other than
7 armed violence; (ii) aggravated discharge of a firearm;
8 (iii) armed violence with a firearm when the predicate
9 offense is a Class 1 or Class 2 felony and the State's
10 Attorney's motion to transfer the case alleges that the
11 offense committed is in furtherance of the criminal
12 activities of an organized gang and the case is not required
13 to be prosecuted under the criminal laws of Illinois as
14 provided by subsection (3.1) or (3.2); (iv) armed violence
15 with a firearm when the predicate offense is a violation of
16 Section 401, subsection (a) of Section 402, Section 404,
17 Section 405, Section 405.1, subsection (a) of Section 405.2,
18 Section 407, Section 407.1, or Section 407.2 of the Illinois
19 Controlled Substances Act; or (v) armed violence when the
20 weapon involved was a machine gun or other weapon described
21 in subsection (a)(7) of Section 24-1 of the Criminal Code of
22 1961, and, if the juvenile judge designated to hear and
23 determine motions to transfer a case for prosecution in the
24 criminal court determines that there is probable cause to
25 believe that the allegations in the petition and motion are
26 true, there is a rebuttable presumption that the minor is not
27 a fit and proper subject to be dealt with under the Juvenile
28 Court Act of 1987, and that, except as provided in paragraph
29 (b), the case should be transferred to the criminal court.
30 (b) The judge shall enter an order permitting
31 prosecution under the criminal laws of Illinois unless the
32 judge makes a finding based on evidence that the minor would
33 be amenable to the care, treatment, and training programs
34 available through the facilities of the juvenile court based
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1 on an evaluation of the following:
2 (i) The circumstances and gravity of the
3 offense alleged to have been committed by the minor.
4 (ii) The age of the minor.
5 (iii) The degree of criminal sophistication
6 exhibited by the minor.
7 (iv) Whether there is a reasonable likelihood
8 that the minor can be rehabilitated before the
9 expiration of the juvenile court's jurisdiction.
10 (v) The minor's previous history of
11 delinquency.
12 (vi) Whether the offense was committed in an
13 aggressive, premeditated or calculated manner.
14 (vii) Whether there are sufficient facilities
15 available to the juvenile court for the treatment
16 and rehabilitation of the minor.
17 For purposes of subsections (3.1), (3.2), and (3.3)
18 "organized gang" has the meaning ascribed to it in Section 10
19 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
20 (4) Nothing in this Act prohibits or limits the
21 prosecution of any minor for an offense committed on or after
22 his or her 17th birthday even though he or she is at the time
23 of the offense a ward of the court.
24 (5) If an original petition for adjudication of wardship
25 alleges the commission by a minor 13 years of age or over of
26 an act that constitutes a crime under the laws of this State,
27 the minor, with the consent of his or her counsel, may, at
28 any time before commencement of the adjudicatory hearing,
29 file with the court a motion that criminal prosecution be
30 ordered and that the petition be dismissed insofar as the act
31 or acts involved in the criminal proceedings are concerned.
32 If such a motion is filed as herein provided, the court shall
33 enter its order accordingly.
34 (6) (a) The definition of delinquent minor under Section
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1 5-3 of this Act shall not apply to any minor who at the
2 time of an offense was at least 15 years of age and who
3 is charged with first degree murder, aggravated criminal
4 sexual assault, armed robbery when the armed robbery was
5 committed with a firearm, aggravated vehicular hijacking
6 when the hijacking was committed with a firearm, or
7 violation of the provisions of paragraph (1), (3), (4),
8 or (10) of subsection (a) of Section 24-1 of the Criminal
9 Code of 1961 while in the building, or on the grounds, or
10 within 1,000 feet of any elementary or secondary school,
11 community college, college or university. These charges
12 and all other charges arising out of the same incident
13 shall be prosecuted under the Criminal Code of 1961.
14 (b) If before trial or plea an information or
15 indictment is filed which does not charge an offense
16 specified in paragraph (a) of this subsection (6), the
17 State's Attorney may proceed on the lesser charge or
18 charges, but only in Juvenile Court under the other
19 provisions of this Act, unless before trial the minor
20 defendant knowingly and with advice of counsel waives, in
21 writing, his or her right to have the matter proceed in
22 Juvenile Court. If before trial or plea an information
23 or indictment is filed that includes one or more charges
24 specified in paragraph (a) of this subsection (6) and
25 additional charges that are not specified in that
26 paragraph, all of the charges arising out of the same
27 incident shall be prosecuted under the Criminal Code of
28 1961.
29 (c) (i) If after trial or plea the minor is
30 convicted of any offense covered by paragraph (a) of
31 this subsection (6), then, in sentencing the minor,
32 the court shall have available any or all
33 dispositions prescribed for that offense under
34 Chapter V of the Unified Code of Corrections.
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1 (ii) If after trial or plea the minor is only
2 convicted of an offense not covered by paragraph (a)
3 of this subsection (6), the conviction shall not
4 invalidate the verdict or the prosecution of the
5 minor under the criminal laws of the State; however,
6 unless the State requests a hearing for the purpose
7 of sentencing the minor under Chapter V of the
8 Unified Code of Corrections, the Court must proceed
9 under Sections 5-22 and 5-23 of this Act. Should
10 the State request a hearing it must do so by written
11 motion within 10 days following the entry of a
12 finding or the return of a verdict. Reasonable
13 notice of the motion shall be served upon the minor
14 or his counsel. If the motion is made by the State,
15 the court shall conduct a hearing to determine if
16 the request should be granted. In making its
17 determination on the motion, the court shall
18 consider among other matters: (a) whether there is
19 evidence that the offense was committed in an
20 aggressive and premeditated manner; (b) the age of
21 the minor; (c) the previous history of the minor;
22 (d) whether there are facilities particularly
23 available to the Juvenile Court or the Department of
24 Corrections, Juvenile Division, for the treatment
25 and rehabilitation of the minor; (e) whether the
26 best interest of the minor and the security of the
27 public require sentencing under Chapter V of the
28 Unified Code of Corrections; and (f) whether the
29 minor possessed a deadly weapon when committing the
30 offense. The rules of evidence shall be the same as
31 if at trial. If after the hearing the court finds
32 that the minor should be sentenced under Chapter V
33 of the Unified Code of Corrections, then the court
34 shall sentence the minor accordingly having
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1 available to it any or all dispositions so
2 prescribed.
3 (7) (a) The definition of delinquent minor under Section
4 5-3 of this Act shall not apply to any minor who at the
5 time of an offense was at least 15 years of age and who
6 is charged with an offense under Section 401 of the
7 Illinois Controlled Substances Act while in a school,
8 regardless of the time of day or the time of year, or any
9 conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated and
12 managed by a public housing agency, on the real property
13 comprising any school, regardless of the time of day or
14 the time of year, or residential property owned, operated
15 and managed by a public housing agency, or on a public
16 way within 1,000 feet of the real property comprising any
17 school, regardless of the time of day or the time of
18 year, or residential property owned, operated and managed
19 by a public housing agency. School is defined, for the
20 purposes of this Section, as any public or private
21 elementary or secondary school, community college,
22 college, or university. These charges and all other
23 charges arising out of the same incident shall be
24 prosecuted under the Illinois Controlled Substances Act.
25 (b) If before trial or plea an information or
26 indictment is filed that does not charge an offense
27 specified in paragraph (a) of this subsection (7), the
28 State's Attorney may proceed on the lesser charge or
29 charges, but only under the other provisions of this Act,
30 unless before trial the minor defendant knowingly and
31 with advice of counsel waives, in writing, his or her
32 right to have the matter proceed in Juvenile Court. If
33 before trial or plea an information or indictment is
34 filed that includes one or more charges specified in
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1 paragraph (a) of this subsection (7) and additional
2 charges that are not specified in that paragraph, all of
3 the charges arising out of the same incident shall be
4 prosecuted under the Illinois Controlled Substances Act
5 or the Criminal Code of 1961.
6 (c) (i) If after trial or plea the minor is
7 convicted of any offense covered by paragraph (a) of
8 this subsection (7), then, in sentencing the minor
9 the court shall have available any or all
10 dispositions prescribed for that offense under
11 Chapter V of the Unified Code of Corrections.
12 (ii) If after trial or plea the minor is only
13 convicted of an offense not covered by paragraph (a)
14 of this subsection (7), the conviction shall not
15 invalidate the verdict or the prosecution of the
16 minor under the criminal laws of this State;
17 however, unless the State requests a hearing for the
18 purpose of sentencing the minor under Chapter V of
19 the Unified Code of Corrections, the court must
20 thereafter proceed under Sections 5-22 and 5-23 of
21 this Act. Should the State request a hearing it
22 must do so by written motion within 10 days
23 following the entry of a finding or the return of a
24 verdict. Reasonable notice of the motion shall be
25 served upon the minor or his counsel. If such a
26 motion is made by the State, the court shall conduct
27 a hearing to determine if the request should be
28 granted. In making its determination on the motion,
29 the court shall consider among other matters: (a)
30 whether there is evidence that the offense was
31 committed in an aggressive and premeditated manner;
32 (b) the age of the minor; (c) the previous history
33 of the minor; (d) whether there are facilities
34 particularly available to the Juvenile Court or the
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1 Department of Corrections, Juvenile Division, for
2 the treatment and rehabilitation of the minor; (e)
3 whether the best interest of the minor and the
4 security of the public require sentencing under
5 Chapter V of the Unified Code of Corrections; and
6 (f) whether the minor possessed a deadly weapon when
7 committing the offense. The rules of evidence shall
8 be the same as if at trial. If after the hearing
9 the court finds that the minor should be sentenced
10 under Chapter V of the Unified Code of Corrections,
11 then the court shall sentence the minor accordingly
12 having available to it any or all dispositions so
13 prescribed.
14 (8) (a) The definition of delinquent minor under Section
15 5-3 of this Act shall not apply to any minor who is
16 charged with a violation of subsection (a) of Section
17 31-6 or Section 32-10 of the Criminal Code of 1961 when
18 the minor is subject to prosecution under the Criminal
19 Code of 1961 as a result of the application of the
20 provisions of paragraph (a) of subsection (3); subsection
21 (5); paragraph (a) of subsection (6); or paragraph (a) of
22 subsection (7) of this Section. These charges and all
23 other charges arising out of the same incident shall be
24 prosecuted under the Criminal Code of 1961.
25 (b) If before trial or plea an information or
26 indictment is filed that does not charge an offense
27 specified in paragraph (a) of this subsection (8), the
28 State's Attorney may proceed on the lesser charge or
29 charges, but only in Juvenile Court under the other
30 provisions of this Act, unless before trial the minor
31 defendant knowingly and with advice of counsel waives, in
32 writing, his or her right to have the matter proceed in
33 Juvenile Court. If before trial or plea an information
34 or indictment is filed that includes one or more charges
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1 specified in paragraph (a) of this subsection (8) and
2 additional charges that are not specified in that
3 paragraph, all of the charges arising out of the same
4 incident shall be prosecuted under the Criminal Code of
5 1961.
6 (c) If after trial or plea the minor is only
7 convicted of an offense not covered by paragraph (a) of
8 this subsection (8), the conviction shall not invalidate
9 the verdict or the prosecution of the minor under the
10 criminal laws of this State; however, the court must
11 thereafter proceed under Sections 5-22 and 5-23 of this
12 Act. In all other circumstances, in sentencing the court
13 shall have available any or all dispositions prescribed
14 for that offense under Chapter V of the Unified Code of
15 Corrections.
16 (9) (a) The definition of delinquent minor under
17 Section 5-3 of this Act shall not apply to any minor who
18 at the time of an offense was at least 13 years of age
19 and who is charged with first degree murder committed
20 during the course of either aggravated criminal sexual
21 assault, criminal sexual assault, or aggravated
22 kidnaping. However, this subsection (9) does not include
23 a minor charged with first degree murder based
24 exclusively upon the accountability provisions of the
25 Criminal Code of 1961.
26 (b) If before trial or plea an information or
27 indictment is filed which does not charge first degree
28 murder committed during the course of aggravated criminal
29 sexual assault, criminal sexual assault, or aggravated
30 kidnaping, the State's Attorney may proceed on the lesser
31 charge or charges, but only in Juvenile Court under the
32 other provisions of this Act, unless before trial the
33 minor defendant knowingly and with advice of counsel
34 waives, in writing, his or her right to have the matter
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1 proceed in Juvenile Court. If before trial or plea an
2 information or indictment is filed that includes first
3 degree murder committed during the course of aggravated
4 criminal sexual assault, criminal sexual assault, or
5 aggravated kidnaping, as well as additional charges that
6 are not specified in that paragraph, all of the charges
7 arising out of the same incident shall be prosecuted
8 under the Criminal Code of 1961.
9 (c)(i) If after trial or plea the minor is
10 convicted of first degree murder committed during the
11 course of aggravated criminal sexual assault, criminal
12 sexual assault, or aggravated kidnaping, the court shall
13 have available any or all dispositions prescribed for
14 that offense under Chapter V of the Unified Code of
15 Corrections.
16 (ii) If the minor was not yet 15 years of age at
17 the time of the offense, and if after trial or plea the
18 minor is only convicted of an offense other than first
19 degree murder committed during the course of either
20 aggravated criminal sexual assault, criminal sexual
21 assault, or aggravated kidnaping, the conviction shall
22 not invalidate the verdict or the prosecution of the
23 minor under the criminal laws of the State; however,
24 unless the State requests a hearing for the purpose of
25 sentencing the minor under Chapter V of the Unified Code
26 of Corrections, the Court must proceed under Sections
27 5-22 and 5-23 of this Act. Should the State request a
28 hearing it must do so by written motion within 10 days
29 following the entry of a finding or the return of a
30 verdict. Reasonable notice of the motion shall be served
31 upon the minor or his or her counsel. If the motion is
32 made by the State, the court shall conduct a hearing to
33 determine if the request should be granted. In making
34 its determination on the motion, the court shall consider
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1 among other matters: (a) whether there is evidence that
2 the offense was committed in an aggressive and
3 premeditated manner; (b) the age of the minor; (c) the
4 previous history of the minor; (d) whether there are
5 facilities particularly available to the Juvenile Court
6 or the Department of Corrections, Juvenile Division, for
7 the treatment and rehabilitation of the minor; (e)
8 whether the best interest of the minor and the security
9 of the public require sentencing under Chapter V of the
10 Unified Code of Corrections; and (f) whether the minor
11 possessed a deadly weapon when committing the offense.
12 The rules of evidence shall be the same as if at trial.
13 If after the hearing the court finds that the minor
14 should be sentenced under Chapter V of the Unified Code
15 of Corrections, then the court shall sentence the minor
16 accordingly having available to it any or all
17 dispositions so prescribed.
18 (iii) If the minor was at least 15 years of age at
19 the time of the offense and if after trial or plea the
20 minor is only convicted of first degree murder but not of
21 aggravated criminal sexual assault, criminal sexual
22 assault, or aggravated kidnaping, the court shall have
23 available any or all dispositions prescribed for that
24 offense under Chapter V of the Unified Code of
25 Corrections.
26 (iv) If the minor was at least 15 years of age at
27 the time of the offense and if after trial or plea the
28 minor is only convicted of aggravated criminal sexual
29 assault, criminal sexual assault, or aggravated
30 kidnaping, but not of first degree murder, the court
31 shall have available any or all dispositions prescribed
32 for that offense under Chapter V of the Unified Code of
33 Corrections.
34 (Source: P.A. 88-239; 88-467; 88-670, eff. 12-2-94; 88-680,
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1 eff. 1-1-95; 89-235, eff. 8-4-95; 89-362, eff. 1-1-96;
2 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
3 6-27-96.)
4 Section 5. The Criminal Code of 1961 is amended by
5 changing 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
9 weapons 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, throwing star, or any knife,
13 commonly referred to as a switchblade knife, which has a
14 blade that opens automatically by hand pressure applied
15 to a button, spring or other device in the handle of the
16 knife, or a ballistic knife, which is a device that
17 propels a knifelike blade as a projectile by means of a
18 coil spring, elastic material or compressed gas; or
19 (2) Carries or possesses with intent to use the
20 same unlawfully against another, a dagger, dirk, billy,
21 dangerous knife, razor, stiletto, broken bottle or other
22 piece of glass, stun gun or taser or any other dangerous
23 or deadly weapon or instrument of like character; or
24 (3) Carries on or about his person or in any
25 vehicle, a tear gas gun projector or bomb or any object
26 containing noxious liquid gas or substance, other than an
27 object containing a non-lethal noxious liquid gas or
28 substance designed solely for personal defense carried by
29 a person 18 years of age or older; or
30 (4) Carries or possesses in any vehicle or
31 concealed on or about his person except when on his land
32 or in his own abode or fixed place of business any
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1 pistol, revolver, stun gun or taser or other firearm; or
2 (5) Sets a spring gun; or
3 (6) Possesses any device or attachment of any kind
4 designed, used or intended for use in silencing the
5 report of any firearm; or
6 (7) Sells, manufactures, purchases, possesses or
7 carries:
8 (i) a machine gun, which shall be defined for
9 the purposes of this subsection as any weapon, which
10 shoots, is designed to shoot, or can be readily
11 restored to shoot, automatically more than one shot
12 without manually reloading by a single function of
13 the trigger, including the frame or receiver of any
14 such weapon, or sells, manufactures, purchases,
15 possesses, or carries any combination of parts
16 designed or intended for use in converting any
17 weapon into a machine gun, or any combination or
18 parts from which a machine gun can be assembled if
19 such parts are in the possession or under the
20 control of a person;
21 (ii) any rifle having one or more barrels less
22 than 16 inches in length or a shotgun having one or
23 more barrels less than 18 inches in length or any
24 weapon made from a rifle or shotgun, whether by
25 alteration, modification, or otherwise, if such a
26 weapon as modified has an overall length of less
27 than 26 inches; or
28 (iii) any bomb, bomb-shell, grenade, bottle or
29 other container containing an explosive substance of
30 over one-quarter ounce for like purposes, such as,
31 but not limited to, black powder bombs and Molotov
32 cocktails or artillery projectiles; or
33 (8) Carries or possesses any firearm, stun gun or
34 taser or other deadly weapon in any place which is
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1 licensed to sell intoxicating beverages, or at any public
2 gathering held pursuant to a license issued by any
3 governmental body or any public gathering at which an
4 admission is charged, excluding a place where a showing,
5 demonstration or lecture involving the exhibition of
6 unloaded firearms is conducted; or
7 (9) Carries or possesses in a vehicle or on or
8 about his person any pistol, revolver, stun gun or taser
9 or firearm or ballistic knife, when he is hooded, robed
10 or masked in such manner as to conceal his identity; or
11 (10) Carries or possesses on or about his person,
12 upon any public street, alley, or other public lands
13 within the corporate limits of a city, village or
14 incorporated town, except when an invitee thereon or
15 therein, for the purpose of the display of such weapon or
16 the lawful commerce in weapons, or except when on his
17 land or in his own abode or fixed place of business, any
18 pistol, revolver, stun gun or taser or other firearm.
19 A "stun gun or taser", as used in this paragraph (a)
20 means (i) any device which is powered by electrical
21 charging units, such as, batteries, and which fires one
22 or several barbs attached to a length of wire and which,
23 upon hitting a human, can send out a current capable of
24 disrupting the person's nervous system in such a manner
25 as to render him incapable of normal functioning or (ii)
26 any device which is powered by electrical charging units,
27 such as batteries, and which, upon contact with a human
28 or clothing worn by a human, can send out current capable
29 of disrupting the person's nervous system in such a
30 manner as to render him incapable of normal functioning;
31 or
32 (11) Sells, manufactures or purchases any explosive
33 bullet. For purposes of this paragraph (a) "explosive
34 bullet" means the projectile portion of an ammunition
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1 cartridge which contains or carries an explosive charge
2 which will explode upon contact with the flesh of a human
3 or an animal. "Cartridge" means a tubular metal case
4 having a projectile affixed at the front thereof and a
5 cap or primer at the rear end thereof, with the
6 propellant contained in such tube between the projectile
7 and the cap; or
8 (12) (Blank).
9 (b) Sentence. A person convicted of a violation of
10 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
11 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
12 Class A misdemeanor. A person convicted of a violation of
13 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
14 Class 4 felony; a person convicted of a violation of
15 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
16 Class 3 felony. A person convicted of a violation of
17 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
18 weapon is possessed in the passenger compartment of a motor
19 vehicle as defined in Section 1-146 of the Illinois Vehicle
20 Code, or on the person, while the weapon is loaded, in which
21 case it shall be a Class X felony. A person convicted of a
22 second or subsequent violation of subsection 24-1(a)(4),
23 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
24 (c) Violations in specific places.
25 (1) A person who violates subsection 24-1(a)(6) or
26 24-1(a)(7) in any school, regardless of the time of day
27 or the time of year, in residential property owned,
28 operated and managed by a public housing agency, in a
29 public park, in a courthouse, on the real property
30 comprising any school, regardless of the time of day or
31 the time of year, on residential property owned,
32 operated and managed by a public housing agency, on the
33 real property comprising any public park, on the real
34 property comprising any courthouse, in any conveyance
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1 owned, leased or contracted by a school to transport
2 students to or from school or a school related activity,
3 or on any public way within 1,000 feet of the real
4 property comprising any school, public park, courthouse,
5 or residential property owned, operated, and managed by a
6 public housing agency commits a Class 1 2 felony.
7 (1.5) A person who violates subsection 24-1(a)(4),
8 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
9 the time of day or the time of year, in residential
10 property owned, operated, and managed by a public housing
11 agency, 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, and managed by a public housing agency, on the
15 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,
19 or on any public way within 1,000 feet of the real
20 property comprising any school, public park, courthouse,
21 or residential property owned, operated, and managed by a
22 public housing agency commits a Class 1 3 felony.
23 (2) A person who violates subsection 24-1(a)(1) or
24 24-1(a)(3) in any school, regardless of the time of day
25 or the time of year, in residential property owned,
26 operated and managed by a public housing agency, in a
27 public park, in a courthouse, on the real property
28 comprising any school, regardless of the time of day or
29 the time of year, on residential property owned, operated
30 and managed by a public housing agency, on the real
31 property comprising any public park, on the real property
32 comprising any courthouse, in any conveyance owned,
33 leased or contracted by a school to transport students to
34 or from school or a school related activity, or on any
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1 public way within 1,000 feet of the real property
2 comprising any school, public park, courthouse, or
3 residential property owned, operated, and managed by a
4 public housing agency commits a Class 4 felony.
5 "Courthouse" means any building that is used by the
6 Circuit, Appellate, or Supreme Court of this State for
7 the conduct of official business.
8 (3) Paragraphs (1), (1.5), and (2) of this
9 subsection (c) shall not apply to law enforcement
10 officers or security officers of such school, college, or
11 university or to students carrying or possessing firearms
12 for use in training courses, parades, hunting, target
13 shooting on school ranges, or otherwise with the consent
14 of school authorities and which firearms are transported
15 unloaded enclosed in a suitable case, box, or
16 transportation package.
17 (4) For the purposes of this subsection (c),
18 "school" means any public or private elementary or
19 secondary school, community college, college, or
20 university.
21 (d) The presence in an automobile other than a public
22 omnibus of any weapon, instrument or substance referred to in
23 subsection (a)(7) is prima facie evidence that it is in the
24 possession of, and is being carried by, all persons occupying
25 such automobile at the time such weapon, instrument or
26 substance is found, except under the following circumstances:
27 (i) if such weapon, instrument or instrumentality is found
28 upon the person of one of the occupants therein; or (ii) if
29 such weapon, instrument or substance is found in an
30 automobile operated for hire by a duly licensed driver in the
31 due, lawful and proper pursuit of his trade, then such
32 presumption shall not apply to the driver.
33 (e) Exemptions. Crossbows, Common or Compound bows and
34 Underwater Spearguns are exempted from the definition of
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1 ballistic knife as defined in paragraph (1) of subsection (a)
2 of this Section.
3 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
4 12-2-94; 88-680, eff. 1-1-95.)