State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ]

90_HB0482

      625 ILCS 5/6-205          from Ch. 95 1/2, par. 6-205
      720 ILCS 5/24-1           from Ch. 38, par. 24-1
          Amends the Illinois Vehicle Code and the Criminal Code of
      1961.  Amends the Vehicle Code to provide that the  Secretary
      of  State shall revoke the license or permit of a driver upon
      receiving a report of the driver's conviction for the offense
      of unlawful use of weapons if the offense was for carrying or
      possessing a firearm in  a  vehicle  within  250  feet  of  a
      school.  Amends the Criminal Code of 1961 to provide that the
      court  shall make a finding that the offense was for carrying
      or possessing a firearm in a vehicle within  250  feet  of  a
      school.  Effective immediately.
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 1        AN ACT concerning vehicles, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 6-205 as follows:
 6        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
 7        Sec.  6-205.  Mandatory  revocation of license or permit;
 8    Hardship cases.
 9        (a)  Except as provided in this Section, the Secretary of
10    State shall immediately revoke the license or permit  of  any
11    driver  upon receiving a report of the driver's conviction of
12    any of the following offenses:
13             1.  Reckless homicide resulting from  the  operation
14        of a motor vehicle;
15             2.  Violation  of  Section  11-501 of this Code or a
16        similar provision of a local ordinance  relating  to  the
17        offense  of  operating  or being in physical control of a
18        vehicle while under the influence of alcohol, other drug,
19        or combination of both;
20             3.  Any felony under the laws of any  State  or  the
21        federal  government  in  the  commission of which a motor
22        vehicle was used;
23             4.  Violation  of  Section  11-401  of   this   Code
24        relating to the offense of leaving the scene of a traffic
25        accident involving death or personal injury;
26             5.  Perjury  or  the  making of a false affidavit or
27        statement under oath to the Secretary of State under this
28        Code or under any other law relating to the ownership  or
29        operation of motor vehicles;
30             6.  Conviction   upon  3  charges  of  violation  of
31        Section 11-503 of this Code relating to  the  offense  of
                            -2-                LRB9002500NTsb
 1        reckless driving committed within a period of 12 months;
 2             7.  Conviction of the offense of automobile theft as
 3        defined in Section 4-102 of this Code;
 4             8.  Violation   of   Section  11-504  of  this  Code
 5        relating to the offense of drag racing;
 6             9.  Violation of Chapters 8 and 9 of this Code;
 7             10.  Violation of Section 12-5 of the Criminal  Code
 8        of 1961 arising from the use of a motor vehicle;
 9             11.  Violation  of  Section  11-204.1  of  this Code
10        relating to aggravated fleeing or attempting to  elude  a
11        police officer;
12             12.  Violation of paragraph (1) of subsection (b) of
13        Section  6-507,  or  a  similar  law  of any other state,
14        relating to the unlawful operation of a commercial  motor
15        vehicle;
16             13.  Violation of paragraph (a) of Section 11-502 of
17        this  Code or a similar provision of a local ordinance if
18        the driver has been previously convicted of  a  violation
19        of  that  Section  or  a  similar  provision  of  a local
20        ordinance and the driver was less than 21 years of age at
21        the time of the offense;.
22             14.  Unlawful  use  of  weapons  for   carrying   or
23        possessing  a firearm in a vehicle on a public way within
24        250 feet of the real  property  comprising  a  school,  a
25        violation of paragraph (1.5) of subsection (c) of Section
26        24-1 of the Criminal Code of 1961.
27        (b)  The Secretary of State shall also immediately revoke
28    the  license  or  permit  of  any  driver  in  the  following
29    situations:
30             1.  Of  any minor upon receiving the notice provided
31        for in Section 1-8 of the Juvenile Court Act of 1987 that
32        the minor has been adjudicated under that Act  as  having
33        committed   an   offense   relating   to  motor  vehicles
34        prescribed in Section 4-103 of this Code;
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 1             2.  Of any person when any other law of  this  State
 2        requires either the revocation or suspension of a license
 3        or permit.
 4        (c)  Whenever  a  person  is  convicted  of  any  of  the
 5    offenses  enumerated in this Section, the court may recommend
 6    and the Secretary of State in his discretion, without  regard
 7    to whether the recommendation is made by the court, may, upon
 8    application,  issue to the person a restricted driving permit
 9    granting the privilege of driving a motor vehicle between the
10    petitioner's residence and petitioner's place  of  employment
11    or  within  the  scope of the petitioner's employment related
12    duties, or to allow transportation for the  petitioner  or  a
13    household  member  of the petitioner's family for the receipt
14    of necessary medical care or, if the professional  evaluation
15    indicates,  provide  transportation  for  the  petitioner for
16    alcohol remedial  or  rehabilitative  activity,  or  for  the
17    petitioner  to attend classes, as a student, in an accredited
18    educational  institution;  if  the  petitioner  is  able   to
19    demonstrate  that  no  alternative means of transportation is
20    reasonably available and the petitioner will not endanger the
21    public safety  or  welfare;  provided  that  the  Secretary's
22    discretion  shall  be  limited  to cases where undue hardship
23    would result from a failure to issue the  restricted  driving
24    permit.  In  each  case  the  Secretary  of State may issue a
25    restricted driving permit for a period he deems  appropriate,
26    except  that the permit shall expire within one year from the
27    date of issuance. A restricted driving  permit  issued  under
28    this  Section  shall  be subject to cancellation, revocation,
29    and suspension by the Secretary of State in like  manner  and
30    for  like  cause as a driver's license issued under this Code
31    may be  cancelled,  revoked,  or  suspended;  except  that  a
32    conviction   upon  one  or  more  offenses  against  laws  or
33    ordinances regulating the movement of traffic shall be deemed
34    sufficient  cause  for   the   revocation,   suspension,   or
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 1    cancellation of a restricted driving permit. The Secretary of
 2    State  may,  as  a  condition to the issuance of a restricted
 3    driving permit, require the applicant  to  participate  in  a
 4    designated  driver  remedial  or  rehabilitative program. The
 5    Secretary of State  is  authorized  to  cancel  a  restricted
 6    driving  permit  if  the  permit holder does not successfully
 7    complete the program. However,  if  an  individual's  driving
 8    privileges  have been revoked in accordance with paragraph 13
 9    of subsection (a) of  this  Section,  no  restricted  driving
10    permit  shall  be  issued  until  the individual has served 6
11    months of the revocation period.
12        (d)  Whenever a person under the age of 21  is  convicted
13    under Section 11-501 of this Code or a similar provision of a
14    local  ordinance,  the  Secretary  of  State shall revoke the
15    driving privileges of that person.  One year after  the  date
16    of  revocation,  and upon application, the Secretary of State
17    may, if satisfied that the person applying will not  endanger
18    the  public  safety  or  welfare,  issue a restricted driving
19    permit granting the privilege of driving a motor vehicle only
20    between the hours of 5  a.m.  and  9  p.m.  or  as  otherwise
21    provided  by  this  Section  for a period of one year.  After
22    this one year period, and upon reapplication for a license as
23    provided in Section 6-106, upon payment  of  the  appropriate
24    reinstatement  fee  provided  under  paragraph (b) of Section
25    6-118, the Secretary of State, in his discretion,  may  issue
26    the  applicant  a  license,  or extend the restricted driving
27    permit  as  many  times  as  the  Secretary  of  State  deems
28    appropriate, by additional periods of not more than 12 months
29    each, until  the  applicant  attains  21  years  of  age.   A
30    restricted  driving permit issued under this Section shall be
31    subject to cancellation, revocation, and  suspension  by  the
32    Secretary  of  State  in  like manner and for like cause as a
33    driver's license issued under this  Code  may  be  cancelled,
34    revoked,  or  suspended; except that a conviction upon one or
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 1    more offenses  against  laws  or  ordinances  regulating  the
 2    movement  of traffic shall be deemed sufficient cause for the
 3    revocation,  suspension,  or  cancellation  of  a  restricted
 4    driving permit.  Any person under 21 years of age who  has  a
 5    driver's   license   revoked   for  a  second  or  subsequent
 6    conviction for driving under the influence, prior to the  age
 7    of  21,  shall not be eligible to submit an application for a
 8    full reinstatement of  driving  privileges  or  a  restricted
 9    driving  permit  until age 21 or one additional year from the
10    date of the latest such revocation, whichever is the  longer.
11    The  revocation  periods contained in this subparagraph shall
12    apply to similar out-of-state convictions.
13        (e)  This Section is subject to  the  provisions  of  the
14    Driver License Compact.
15        (f)  Any   revocation   imposed  upon  any  person  under
16    subsections 2 and 3 of paragraph (b) that  is  in  effect  on
17    December  31,  1988  shall be converted to a suspension for a
18    like period of time.
19    (Source: P.A.  88-209;  89-156,  eff.  1-1-96;  89-245,  eff.
20    1-1-96; 89-626, eff. 8-9-96.)
21        Section 10.  The Criminal Code  of  1961  is  amended  by
22    changing Section 24-1 as follows:
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
26    weapons when he knowingly:
27             (1)  Sells, manufactures,  purchases,  possesses  or
28        carries  any bludgeon, black-jack, slung-shot, sand-club,
29        sand-bag, metal knuckles, throwing star,  or  any  knife,
30        commonly  referred to as a switchblade knife, which has a
31        blade that opens automatically by hand  pressure  applied
32        to  a button, spring or other device in the handle of the
                            -6-                LRB9002500NTsb
 1        knife, or a ballistic  knife,  which  is  a  device  that
 2        propels  a  knifelike blade as a projectile by means of a
 3        coil spring, elastic material or compressed gas; or
 4             (2)  Carries or possesses with  intent  to  use  the
 5        same  unlawfully  against another, a dagger, dirk, billy,
 6        dangerous knife, razor, stiletto, broken bottle or  other
 7        piece  of glass, stun gun or taser or any other dangerous
 8        or deadly weapon or instrument of like character; or
 9             (3)  Carries on  or  about  his  person  or  in  any
10        vehicle,  a  tear gas gun projector or bomb or any object
11        containing noxious liquid gas or substance, other than an
12        object containing a  non-lethal  noxious  liquid  gas  or
13        substance designed solely for personal defense carried by
14        a person 18 years of age or older; or
15             (4)  Carries   or   possesses   in  any  vehicle  or
16        concealed on or about his person except when on his  land
17        or  in  his  own  abode  or  fixed  place of business any
18        pistol, revolver, stun gun or taser or other firearm; or
19             (5)  Sets a spring gun; or
20             (6)  Possesses any device or attachment of any  kind
21        designed,  used  or  intended  for  use  in silencing the
22        report of any firearm; or
23             (7)  Sells, manufactures,  purchases,  possesses  or
24        carries:
25                  (i)  a  machine gun, which shall be defined for
26             the purposes of this subsection as any weapon, which
27             shoots, is designed to  shoot,  or  can  be  readily
28             restored  to shoot, automatically more than one shot
29             without manually reloading by a single  function  of
30             the  trigger, including the frame or receiver of any
31             such  weapon,  or  sells,  manufactures,  purchases,
32             possesses,  or  carries  any  combination  of  parts
33             designed or  intended  for  use  in  converting  any
34             weapon  into  a  machine  gun, or any combination or
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 1             parts from which a machine gun can be  assembled  if
 2             such  parts  are  in  the  possession  or  under the
 3             control of a person;
 4                  (ii)  any rifle having one or more barrels less
 5             than 16 inches in length or a shotgun having one  or
 6             more  barrels  less  than 18 inches in length or any
 7             weapon made from a  rifle  or  shotgun,  whether  by
 8             alteration,  modification,  or  otherwise, if such a
 9             weapon as modified has an  overall  length  of  less
10             than 26 inches; or
11                  (iii)  any bomb, bomb-shell, grenade, bottle or
12             other container containing an explosive substance of
13             over  one-quarter  ounce for like purposes, such as,
14             but not limited to, black powder bombs  and  Molotov
15             cocktails or artillery projectiles; or
16             (8)  Carries  or  possesses any firearm, stun gun or
17        taser or other  deadly  weapon  in  any  place  which  is
18        licensed to sell intoxicating beverages, or at any public
19        gathering  held  pursuant  to  a  license  issued  by any
20        governmental body or any public  gathering  at  which  an
21        admission  is charged, excluding a place where a showing,
22        demonstration or  lecture  involving  the  exhibition  of
23        unloaded firearms is conducted; or
24             (9)  Carries  or  possesses  in  a  vehicle or on or
25        about his person any pistol, revolver, stun gun or  taser
26        or  firearm  or ballistic knife, when he is hooded, robed
27        or masked in such manner as to conceal his identity; or
28             (10)  Carries or possesses on or about  his  person,
29        upon  any  public  street,  alley,  or other public lands
30        within  the  corporate  limits  of  a  city,  village  or
31        incorporated town, except  when  an  invitee  thereon  or
32        therein, for the purpose of the display of such weapon or
33        the  lawful  commerce  in  weapons, or except when on his
34        land 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.
 2             A "stun gun or taser", as used in this paragraph (a)
 3        means  (i)  any  device  which  is  powered by electrical
 4        charging units, such as, batteries, and which  fires  one
 5        or  several barbs attached to a length of wire and which,
 6        upon hitting a human, can send out a current  capable  of
 7        disrupting  the  person's nervous system in such a manner
 8        as to render him incapable of normal functioning or  (ii)
 9        any device which is powered by electrical charging units,
10        such  as  batteries, and which, upon contact with a human
11        or clothing worn by a human, can send out current capable
12        of disrupting the  person's  nervous  system  in  such  a
13        manner  as to render him incapable of normal functioning;
14        or
15             (11)  Sells, manufactures or purchases any explosive
16        bullet.  For purposes of this  paragraph  (a)  "explosive
17        bullet"  means  the  projectile  portion of an ammunition
18        cartridge which contains or carries an  explosive  charge
19        which will explode upon contact with the flesh of a human
20        or  an  animal.    "Cartridge" means a tubular metal case
21        having a projectile affixed at the front  thereof  and  a
22        cap   or  primer  at  the  rear  end  thereof,  with  the
23        propellant contained in such tube between the  projectile
24        and the cap; or
25             (12)  (Blank).
26        (b)  Sentence.  A  person  convicted  of  a  violation of
27    subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
28    subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
29    Class A misdemeanor.  A person convicted of  a  violation  of
30    subsection  24-1(a)(4),  24-1(a)(9), or 24-1(a)(10) commits a
31    Class  4  felony;  a  person  convicted  of  a  violation  of
32    subsection 24-1(a)(6) or 24-1(a)(7)(ii) or  (iii)  commits  a
33    Class  3  felony.   A  person  convicted  of  a  violation of
34    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
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 1    weapon is possessed in the passenger compartment of  a  motor
 2    vehicle  as  defined in Section 1-146 of the Illinois Vehicle
 3    Code, or on the person, while the weapon is loaded, in  which
 4    case  it shall be a Class X felony.   A person convicted of a
 5    second or  subsequent  violation  of  subsection  24-1(a)(4),
 6    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
 7        (c)  Violations in specific places.
 8             (1)  A  person who violates subsection 24-1(a)(6) or
 9        24-1(a)(7) in any school, regardless of the time  of  day
10        or  the  time  of  year,  in  residential property owned,
11        operated and managed by a public  housing  agency,  in  a
12        public  park,  in  a  courthouse,  on  the  real property
13        comprising any school, regardless of the time of  day  or
14        the   time  of  year,  on  residential   property  owned,
15        operated and managed by a public housing agency,  on  the
16        real  property  comprising  any  public park, on the real
17        property comprising any  courthouse,  in  any  conveyance
18        owned,  leased  or  contracted  by  a school to transport
19        students to or from school or a school related  activity,
20        or  on  any  public  way  within  1,000  feet of the real
21        property comprising any school, public park,  courthouse,
22        or residential property owned, operated, and managed by a
23        public housing agency commits a Class 2 felony.
24             (1.5)  A  person who violates subsection 24-1(a)(4),
25        24-1(a)(9), or 24-1(a)(10) in any school,  regardless  of
26        the  time  of  day  or  the  time of year, in residential
27        property owned, operated, and managed by a public housing
28        agency, in a public park, in a courthouse,  on  the  real
29        property comprising any school, regardless of the time of
30        day  or  the time of year, on residential property owned,
31        operated, and managed by a public housing agency, on  the
32        real  property  comprising  any  public park, on the real
33        property comprising any  courthouse,  in  any  conveyance
34        owned,  leased,  or  contracted  by a school to transport
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 1        students to or from school or a school related  activity,
 2        or  on  any  public  way  within  1,000  feet of the real
 3        property comprising any school, public park,  courthouse,
 4        or residential property owned, operated, and managed by a
 5        public  housing  agency  commits a Class 3 felony. If the
 6        violation was for carrying or possessing a firearm  in  a
 7        vehicle   under   subsection   24-1(a)(4)  or  subsection
 8        24-1(a)(9) and the violation occurred  on  a  public  way
 9        within 250 feet of the real property comprising a school,
10        the court shall make a finding that the violation was for
11        carrying or possessing a firearm in a vehicle on a public
12        way  within  250  feet  of the real property comprising a
13        school.
14             (2)  A person who violates subsection 24-1(a)(1)  or
15        24-1(a)(3)  in  any school, regardless of the time of day
16        or the time  of  year,  in  residential  property  owned,
17        operated  and  managed  by  a public housing agency, in a
18        public park,  in  a  courthouse,  on  the  real  property
19        comprising  any  school, regardless of the time of day or
20        the time of year, on residential property owned, operated
21        and managed by a  public  housing  agency,  on  the  real
22        property comprising any public park, on the real property
23        comprising  any  courthouse,  in  any  conveyance  owned,
24        leased or contracted by a school to transport students to
25        or  from  school  or a school related activity, or on any
26        public  way  within  1,000  feet  of  the  real  property
27        comprising  any  school,  public  park,  courthouse,   or
28        residential  property  owned,  operated, and managed by a
29        public  housing  agency  commits  a   Class   4   felony.
30        "Courthouse"  means  any  building  that  is  used by the
31        Circuit, Appellate, or Supreme Court of  this  State  for
32        the conduct of official business.
33             (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
34        subsection  (c)  shall  not  apply  to  law   enforcement
                            -11-               LRB9002500NTsb
 1        officers or security officers of such school, college, or
 2        university or to students carrying or possessing firearms
 3        for  use  in  training  courses, parades, hunting, target
 4        shooting on school ranges, or otherwise with the  consent
 5        of  school authorities and which firearms are transported
 6        unloaded  enclosed  in   a   suitable   case,   box,   or
 7        transportation package.
 8             (4)  For   the  purposes  of  this  subsection  (c),
 9        "school"  means  any  public  or  private  elementary  or
10        secondary  school,   community   college,   college,   or
11        university.
12        (d)  The  presence  in  an automobile other than a public
13    omnibus of any weapon, instrument or substance referred to in
14    subsection (a)(7) is prima facie evidence that it is  in  the
15    possession of, and is being carried by, all persons occupying
16    such  automobile  at  the  time  such  weapon,  instrument or
17    substance is found, except under the following circumstances:
18    (i) if such weapon, instrument or  instrumentality  is  found
19    upon  the  person of one of the occupants therein; or (ii) if
20    such  weapon,  instrument  or  substance  is  found   in   an
21    automobile operated for hire by a duly licensed driver in the
22    due,  lawful  and  proper  pursuit  of  his  trade, then such
23    presumption shall not apply to the driver.
24        (e)  Exemptions.  Crossbows, Common or Compound bows  and
25    Underwater  Spearguns  are  exempted  from  the definition of
26    ballistic knife as defined in paragraph (1) of subsection (a)
27    of this Section.
28    (Source: P.A. 87-524; 87-930; 88-156;  88-467;  88-670,  eff.
29    12-2-94; 88-680, eff. 1-1-95.)
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

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