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90_HB0325
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/33A-1 from Ch. 38, par. 33A-1
Amends the Criminal Code of 1961. Provides that the
offense of unlawful use of weapons includes the carrying or
possessing of a baseball bat with the intent to use it
unlawfully against another person. Also includes in the
unlawful use of weapons offense the use of a dog to inflict
bodily harm upon another person or threaten the infliction of
bodily harm with the intent to commit a criminal offense
against another person. Includes a baseball bat and dog as
"weapons" when used for unlawful purposes in the definition
of a category III weapon under the armed violence statute.
LRB9001310RCcc
LRB9001310RCcc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 24-1 and 33A-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 24-1 and 33A-1 as follows:
7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8 Sec. 24-1. Unlawful Use of Weapons.
9 (a) A person commits the offense of unlawful use of
10 weapons when he knowingly:
11 (1) Sells, manufactures, purchases, possesses or
12 carries any bludgeon, black-jack, slung-shot, sand-club,
13 sand-bag, metal knuckles, 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
16 to a button, spring or other device in the handle of the
17 knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the
21 same unlawfully against another, a dagger, dirk, billy,
22 baseball bat, dangerous knife, razor, stiletto, broken
23 bottle or other piece of glass, stun gun or taser or any
24 other dangerous or deadly weapon or instrument of like
25 character; or
26 (2.5) By use of a dog inflicts bodily harm upon
27 another person or threatens the infliction of bodily harm
28 upon another person with the intent to commit a criminal
29 offense against that person; or
30 (3) Carries on or about his person or in any
31 vehicle, a tear gas gun projector or bomb or any object
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1 containing noxious liquid gas or substance, other than an
2 object containing a non-lethal noxious liquid gas or
3 substance designed solely for personal defense carried by
4 a person 18 years of age or older; or
5 (4) Carries or possesses in any vehicle or
6 concealed on or about his person except when on his land
7 or in his own abode or fixed place of business any
8 pistol, revolver, stun gun or taser or other firearm; or
9 (5) Sets a spring gun; or
10 (6) Possesses any device or attachment of any kind
11 designed, used or intended for use in silencing the
12 report of any firearm; or
13 (7) Sells, manufactures, purchases, possesses or
14 carries:
15 (i) a machine gun, which shall be defined for
16 the purposes of this subsection as any weapon, which
17 shoots, is designed to shoot, or can be readily
18 restored to shoot, automatically more than one shot
19 without manually reloading by a single function of
20 the trigger, including the frame or receiver of any
21 such weapon, or sells, manufactures, purchases,
22 possesses, or carries any combination of parts
23 designed or intended for use in converting any
24 weapon into a machine gun, or any combination or
25 parts from which a machine gun can be assembled if
26 such parts are in the possession or under the
27 control of a person;
28 (ii) any rifle having one or more barrels less
29 than 16 inches in length or a shotgun having one or
30 more barrels less than 18 inches in length or any
31 weapon made from a rifle or shotgun, whether by
32 alteration, modification, or otherwise, if such a
33 weapon as modified has an overall length of less
34 than 26 inches; or
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1 (iii) any bomb, bomb-shell, grenade, bottle or
2 other container containing an explosive substance of
3 over one-quarter ounce for like purposes, such as,
4 but not limited to, black powder bombs and Molotov
5 cocktails or artillery projectiles; or
6 (8) Carries or possesses any firearm, stun gun or
7 taser or other deadly weapon in any place which is
8 licensed to sell intoxicating beverages, or at any public
9 gathering held pursuant to a license issued by any
10 governmental body or any public gathering at which an
11 admission is charged, excluding a place where a showing,
12 demonstration or lecture involving the exhibition of
13 unloaded firearms is conducted; or
14 (9) Carries or possesses in a vehicle or on or
15 about his person any pistol, revolver, stun gun or taser
16 or firearm or ballistic knife, when he is hooded, robed
17 or masked in such manner as to conceal his identity; or
18 (10) Carries or possesses on or about his person,
19 upon any public street, alley, or other public lands
20 within the corporate limits of a city, village or
21 incorporated town, except when an invitee thereon or
22 therein, for the purpose of the display of such weapon or
23 the lawful commerce in weapons, or except when on his
24 land or in his own abode or fixed place of business, any
25 pistol, revolver, stun gun or taser or other firearm.
26 A "stun gun or taser", as used in this paragraph (a)
27 means (i) any device which is powered by electrical
28 charging units, such as, batteries, and which fires one
29 or several barbs attached to a length of wire and which,
30 upon hitting a human, can send out a current capable of
31 disrupting the person's nervous system in such a manner
32 as to render him incapable of normal functioning or (ii)
33 any device which is powered by electrical charging units,
34 such as batteries, and which, upon contact with a human
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1 or clothing worn by a human, can send out current capable
2 of disrupting the person's nervous system in such a
3 manner as to render him incapable of normal functioning;
4 or
5 (11) Sells, manufactures or purchases any explosive
6 bullet. For purposes of this paragraph (a) "explosive
7 bullet" means the projectile portion of an ammunition
8 cartridge which contains or carries an explosive charge
9 which will explode upon contact with the flesh of a human
10 or an animal. "Cartridge" means a tubular metal case
11 having a projectile affixed at the front thereof and a
12 cap or primer at the rear end thereof, with the
13 propellant contained in such tube between the projectile
14 and the cap; or
15 (12) (Blank).
16 (b) Sentence. A person convicted of a violation of
17 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
18 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
19 Class A misdemeanor. A person convicted of a violation of
20 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
21 Class 4 felony; a person convicted of a violation of
22 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
23 Class 3 felony. A person convicted of a violation of
24 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
25 weapon is possessed in the passenger compartment of a motor
26 vehicle as defined in Section 1-146 of the Illinois Vehicle
27 Code, or on the person, while the weapon is loaded, in which
28 case it shall be a Class X felony. A person convicted of a
29 second or subsequent violation of subsection 24-1(a)(4),
30 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
31 (c) Violations in specific places.
32 (1) A person who violates subsection 24-1(a)(6) or
33 24-1(a)(7) in any school, regardless of the time of day
34 or the time of year, in residential property owned,
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1 operated and managed by a public housing agency, in a
2 public park, in a courthouse, on the real property
3 comprising any school, regardless of the time of day or
4 the time of year, on residential property owned,
5 operated and managed by a public housing agency, on the
6 real property comprising any public park, on the real
7 property comprising any courthouse, in any conveyance
8 owned, leased or contracted by a school to transport
9 students to or from school or a school related activity,
10 or on any public way within 1,000 feet of the real
11 property comprising any school, public park, courthouse,
12 or residential property owned, operated, and managed by a
13 public housing agency commits a Class 2 felony.
14 (1.5) A person who violates subsection 24-1(a)(4),
15 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
16 the time of day or the time of year, in residential
17 property owned, operated, and managed by a public housing
18 agency, in a public park, in a courthouse, on the real
19 property comprising any school, regardless of the time of
20 day or the time of year, on residential property owned,
21 operated, and managed by a public housing agency, on the
22 real property comprising any public park, on the real
23 property comprising any courthouse, in any conveyance
24 owned, leased, or contracted by a school to transport
25 students to or from school or a school related activity,
26 or on any public way within 1,000 feet of the real
27 property comprising any school, public park, courthouse,
28 or residential property owned, operated, and managed by a
29 public housing agency commits a Class 3 felony.
30 (2) A person who violates subsection 24-1(a)(1) or
31 24-1(a)(3) in any school, regardless of the time of day
32 or the time of year, in residential property owned,
33 operated and managed by a public housing agency, in a
34 public park, in a courthouse, on the real property
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1 comprising any school, regardless of the time of day or
2 the time of year, on residential property owned, operated
3 and managed by a public housing agency, on the real
4 property comprising any public park, on the real property
5 comprising any courthouse, in any conveyance owned,
6 leased or contracted by a school to transport students to
7 or from school or a school related activity, or on any
8 public way within 1,000 feet of the real property
9 comprising any school, public park, courthouse, or
10 residential property owned, operated, and managed by a
11 public housing agency commits a Class 4 felony.
12 "Courthouse" means any building that is used by the
13 Circuit, Appellate, or Supreme Court of this State for
14 the conduct of official business.
15 (3) Paragraphs (1), (1.5), and (2) of this
16 subsection (c) shall not apply to law enforcement
17 officers or security officers of such school, college, or
18 university or to students carrying or possessing firearms
19 for use in training courses, parades, hunting, target
20 shooting on school ranges, or otherwise with the consent
21 of school authorities and which firearms are transported
22 unloaded enclosed in a suitable case, box, or
23 transportation package.
24 (4) For the purposes of this subsection (c),
25 "school" means any public or private elementary or
26 secondary school, community college, college, or
27 university.
28 (d) The presence in an automobile other than a public
29 omnibus of any weapon, instrument or substance referred to in
30 subsection (a)(7) is prima facie evidence that it is in the
31 possession of, and is being carried by, all persons occupying
32 such automobile at the time such weapon, instrument or
33 substance is found, except under the following circumstances:
34 (i) if such weapon, instrument or instrumentality is found
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1 upon the person of one of the occupants therein; or (ii) if
2 such weapon, instrument or substance is found in an
3 automobile operated for hire by a duly licensed driver in the
4 due, lawful and proper pursuit of his trade, then such
5 presumption shall 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. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
11 12-2-94; 88-680, eff. 1-1-95.)
12 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
13 Sec. 33A-1. Definitions.
14 (a) "Armed with a dangerous weapon". A person is
15 considered armed with a dangerous weapon for purposes of this
16 Article, when he or she carries on or about his or her person
17 or is otherwise armed with a Category I, Category II, or
18 Category III weapon.
19 (b) A Category I weapon is a handgun, sawed-off shotgun,
20 sawed-off rifle, any other firearm small enough to be
21 concealed upon the person, semiautomatic firearm, or machine
22 gun. A Category II weapon is any other rifle, shotgun,
23 spring gun, other firearm, stun gun or taser as defined in
24 paragraph (a) of Section 24-1 of this Code, knife with a
25 blade of at least 3 inches in length, dagger, dirk,
26 switchblade knife, stiletto, axe, hatchet, or other deadly or
27 dangerous weapon or instrument of like character. As used in
28 this subsection (b) "semiautomatic firearm" means a repeating
29 firearm that utilizes a portion of the energy of a firing
30 cartridge to extract the fired cartridge case and chamber the
31 next round and that requires a separate pull of the trigger
32 to fire each cartridge.
33 (c) A Category III weapon is a bludgeon, black-jack,
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1 slungshot, sand-bag, sand-club, metal knuckles, billy, or
2 other dangerous weapon of like character. A category III
3 weapon also includes a baseball bat when carried or possessed
4 with the intent to use it unlawfully against another person,
5 or a dog when used to inflict or threaten the infliction of
6 bodily harm upon another person with the intent to commit a
7 criminal offense against that person.
8 (Source: P.A. 88-680, eff. 1-1-95.)