State of Illinois
90th General Assembly
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90_SB1189

      20 ILCS 2630/5            from Ch. 38, par. 206-5
      720 ILCS 5/24-1           from Ch. 38, par. 24-1
          Amends the Criminal Identification Act and  the  Criminal
      Code  of  1961.    Provides  that  a  person who has not been
      convicted of a felony or  of  any  offense  relating  to  the
      unlawful  use or possession of a firearm and who, in the past
      5 years, has not been convicted of or given supervision for a
      Class A or B misdemeanor and who pleads guilty to or is found
      guilty of unlawful use of weapons regarding the possession of
      firearms in a vehicle, concealed  on  or  about  his  or  her
      person,  or  on  a  public  street or public lands within the
      corporate limits  of  a  municipality  may  be  sentenced  to
      probation  without the court entering a judgment and with the
      person's consent.  If the person complies with the  condition
      of  probation,  the  court  shall  discharge  the  person and
      dismiss the proceeding against the person.  Provides that the
      records of arrest of that person shall not be expunged.
                                                     LRB9005870RCmb
                                               LRB9005870RCmb
 1        AN ACT in relation to firearms.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Criminal Identification Act is amended by
 5    changing Section 5 as follows:
 6        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
 7        Sec. 5. Arrest reports; expungement.
 8        (a)  All  policing  bodies of this State shall furnish to
 9    the Department, daily, in the form and detail the  Department
10    requires,  fingerprints  and  descriptions of all persons who
11    are arrested on charges of violating  any  penal  statute  of
12    this  State  for offenses that are classified as felonies and
13    Class A or B misdemeanors and of all  minors  who  have  been
14    arrested or taken into custody before their 17th birthday for
15    an offense that if committed by an adult would constitute the
16    offense  of  unlawful  use of weapons under Article 24 of the
17    Criminal Code of  1961,  a  forcible  felony  as  defined  in
18    Section  2-8  of  the  Criminal Code of 1961, or a Class 2 or
19    greater felony under the Cannabis Control Act,  the  Illinois
20    Controlled  Substances  Act,  or  Chapter  4  of the Illinois
21    Vehicle Code. Moving or nonmoving  traffic  violations  under
22    the  Illinois  Vehicle  Code shall not be reported except for
23    violations of Chapter 4, Section 11-204.1, or Section  11-501
24    of that Code.  In addition, conservation offenses, as defined
25    in  the  Supreme  Court  Rule  501(c), that are classified as
26    Class B misdemeanors shall not be reported.
27        Whenever an adult or minor prosecuted as  an  adult,  not
28    having  previously  been convicted of any criminal offense or
29    municipal ordinance violation, charged with a violation of  a
30    municipal  ordinance or a felony or misdemeanor, is acquitted
31    or released without being convicted, whether the acquittal or
                            -2-                LRB9005870RCmb
 1    release occurred before, on, or after the effective  date  of
 2    this  amendatory  Act of 1991, the Chief Judge of the circuit
 3    wherein the charge was brought, any  judge  of  that  circuit
 4    designated  by  the  Chief Judge, or in counties of less than
 5    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
 6    defendant's trial may upon verified petition of the defendant
 7    order the record of arrest expunged from the official records
 8    of  the arresting authority and the Department and order that
 9    the records of the clerk of the circuit court be sealed until
10    further order of the court upon good cause shown and the name
11    of the defendant obliterated on the official  index  required
12    to be kept by the circuit court clerk under Section 16 of the
13    Clerks  of  Courts  Act,  but  the order shall not affect any
14    index issued by the circuit court clerk before the  entry  of
15    the  order.   The  Department may charge the petitioner a fee
16    equivalent to the cost of processing any order to expunge  or
17    seal  the  records,  and  the fee shall be deposited into the
18    State Police Services Fund.  The records  of  those  arrests,
19    however,  that result in a disposition of supervision for any
20    offense shall  not  be  expunged  from  the  records  of  the
21    arresting  authority  or  the Department nor impounded by the
22    court  until  2  years  after  discharge  and  dismissal   of
23    supervision.   Those  records  that result from a supervision
24    for a violation of Section 3-707, 3-708, 3-710,  5-401.3,  or
25    11-503 of the Illinois Vehicle Code or a similar provision of
26    a  local  ordinance,  or  for  a violation of Section 12-3.2,
27    12-15 or 16A-3 of the Criminal Code  of  1961,  or  probation
28    under  Section 10 of the Cannabis Control Act, Section 410 of
29    the Illinois Controlled Substances Act, Section  12-4.3  b(1)
30    and  (2)  of the Criminal Code of 1961, Section 10-102 of the
31    Illinois Alcoholism and Other Drug Dependency  Act  when  the
32    judgment of conviction has been vacated, Section 40-10 of the
33    Alcoholism  and  Other Drug Abuse and Dependency Act when the
34    judgment of conviction has been vacated, or Section 10 of the
                            -3-                LRB9005870RCmb
 1    Steroid Control Act shall not be expunged from the records of
 2    the arresting authority nor impounded by the  court  until  5
 3    years  after  termination  of probation or supervision. Those
 4    records that result from a supervision  for  a  violation  of
 5    Section  11-501  of  the  Illinois  Vehicle Code or a similar
 6    provision of a local ordinance, shall not  be  expunged.  The
 7    records  of  a person sentenced to probation under subsection
 8    (b-5) of Section 24-1 of the Criminal Code of 1961 shall  not
 9    be  expunged. All records set out above may be ordered by the
10    court to be  expunged  from  the  records  of  the  arresting
11    authority and impounded by the court after 5 years, but shall
12    not  be expunged by the Department, but shall, on court order
13    be sealed by the Department and may be  disseminated  by  the
14    Department  only  as  required  by  law  or  to the arresting
15    authority, the State's Attorney, and the court upon  a  later
16    arrest  for  the same or a similar offense or for the purpose
17    of sentencing for any subsequent felony.  Upon conviction for
18    any offense, the Department of Corrections shall have  access
19    to  all  sealed  records of the Department pertaining to that
20    individual.
21        (b)  Whenever a person has been convicted of a  crime  or
22    of  the  violation of a municipal ordinance, in the name of a
23    person whose identity he has stolen or  otherwise  come  into
24    possession  of,  the  aggrieved person from whom the identity
25    was stolen or otherwise obtained without authorization,  upon
26    learning  of  the  person  having  been  arrested  using  his
27    identity,  may,  upon verified petition to the chief judge of
28    the circuit wherein the arrest was made, have a  court  order
29    entered  nunc  pro  tunc  by  the  chief judge to correct the
30    arrest record, conviction record, if any,  and  all  official
31    records  of  the  arresting  authority, the Department, other
32    criminal justice agencies,  the  prosecutor,  and  the  trial
33    court  concerning  such  arrest, if any, by removing his name
34    from all such records  in  connection  with  the  arrest  and
                            -4-                LRB9005870RCmb
 1    conviction,  if any, and by inserting in the records the name
 2    of the offender, if known or ascertainable, in  lieu  of  the
 3    aggrieved's  name.   The  records of the clerk of the circuit
 4    court clerk shall be sealed until further order of the  court
 5    upon  good  cause  shown and the name of the aggrieved person
 6    obliterated on the official index required to be kept by  the
 7    circuit  court clerk under Section 16 of the Clerks of Courts
 8    Act, but the order shall not affect any index issued  by  the
 9    circuit court clerk before the entry of the order. Nothing in
10    this  Section  shall  limit the Department of State Police or
11    other criminal justice agencies or prosecutors  from  listing
12    under  an offender's name the false names he or she has used.
13    For purposes of this  Section,  convictions  for  moving  and
14    nonmoving  traffic  violations  other  than  convictions  for
15    violations  of  Chapter 4, Section 11-204.1 or Section 11-501
16    of the Illinois Vehicle Code shall not be a bar to  expunging
17    the  record  of  arrest  and court records for violation of a
18    misdemeanor or municipal ordinance.
19        (c)  Whenever a person  who  has  been  convicted  of  an
20    offense   is   granted   a   pardon  by  the  Governor  which
21    specifically authorizes expungement, he  may,  upon  verified
22    petition  to  the chief judge of the circuit where the person
23    had been convicted, any judge of the  circuit  designated  by
24    the  Chief  Judge,  or  in  counties  of  less than 3,000,000
25    inhabitants, the presiding trial  judge  at  the  defendant's
26    trial, may have a court order entered expunging the record of
27    arrest  from  the official records of the arresting authority
28    and order that the records of the clerk of the circuit  court
29    and the Department be sealed until further order of the court
30    upon  good  cause  shown or as otherwise provided herein, and
31    the name of the defendant obliterated from the official index
32    requested to be kept by the circuit court clerk under Section
33    16 of the Clerks of Courts Act in connection with the  arrest
34    and conviction for the offense for which he had been pardoned
                            -5-                LRB9005870RCmb
 1    but  the  order  shall  not  affect  any  index issued by the
 2    circuit court clerk before  the  entry  of  the  order.   All
 3    records  sealed  by the Department may be disseminated by the
 4    Department only as  required  by  law  or  to  the  arresting
 5    authority,  the  States  Attorney, and the court upon a later
 6    arrest for the same or similar offense or for the purpose  of
 7    sentencing  for  any  subsequent felony.  Upon conviction for
 8    any subsequent offense, the Department of  Corrections  shall
 9    have   access   to  all  sealed  records  of  the  Department
10    pertaining to that individual.  Upon entry of  the  order  of
11    expungement,  the  clerk  of the circuit court shall promptly
12    mail a copy of the order to the person who was pardoned.
13        (d)  Notice of the petition for subsections (a), (b), and
14    (c) shall be served upon the State's Attorney  or  prosecutor
15    charged  with  the  duty  of  prosecuting  the  offense,  the
16    Department  of  State  Police,  the  arresting agency and the
17    chief legal officer of the unit of local government affecting
18    the arrest.  Unless the State's Attorney or  prosecutor,  the
19    Department  of  State  Police,  the  arresting agency or such
20    chief legal officer objects to the petition  within  30  days
21    from  the  date of the notice, the court shall enter an order
22    granting or denying the petition.  The  clerk  of  the  court
23    shall  promptly  mail  a copy of the order to the person, the
24    arresting agency, the prosecutor,  the  Department  of  State
25    Police  and  such  other  criminal justice agencies as may be
26    ordered by the judge.
27        (e)  Nothing herein shall prevent the Department of State
28    Police from maintaining all records  of  any  person  who  is
29    admitted  to  probation  upon  terms  and  conditions and who
30    fulfills those terms and conditions pursuant to Section 10 of
31    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
32    Controlled Substances Act, Section  12-4.3  of  the  Criminal
33    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
34    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
                            -6-                LRB9005870RCmb
 1    and Other Drug Abuse and Dependency Act, or Section 10 of the
 2    Steroid Control Act.
 3        (f)  No  court  order  issued pursuant to the expungement
 4    provisions of this Section shall become final for purposes of
 5    appeal  until  30  days  after  notice  is  received  by  the
 6    Department.  Any court order contrary to  the  provisions  of
 7    this Section is void.
 8        (g)  The court shall not order the sealing or expungement
 9    of  the arrest records and records of the circuit court clerk
10    of any person granted supervision for  or  convicted  of  any
11    sexual  offense  committed  against a minor under 18 years of
12    age.  For the  purposes  of  this  Section,  "sexual  offense
13    committed against a minor" includes but is not limited to the
14    offenses  of  indecent  solicitation  of  a child or criminal
15    sexual abuse when the victim of  such  offense  is  under  18
16    years of age.
17    (Source: P.A.  88-45;  88-77;  88-670,  eff. 12-2-94; 88-679,
18    eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
19        Section 10.  The Criminal Code  of  1961  is  amended  by
20    changing Section 24-1 as follows:
21        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
22        Sec. 24-1. Unlawful Use of Weapons.
23        (a)  A  person  commits  the  offense  of unlawful use of
24    weapons when he knowingly:
25             (1)  Sells, manufactures,  purchases,  possesses  or
26        carries  any bludgeon, black-jack, slung-shot, sand-club,
27        sand-bag, metal knuckles, throwing star,  or  any  knife,
28        commonly  referred to as a switchblade knife, which has a
29        blade that opens automatically by hand  pressure  applied
30        to  a button, spring or other device in the handle of the
31        knife, or a ballistic  knife,  which  is  a  device  that
32        propels  a  knifelike blade as a projectile by means of a
                            -7-                LRB9005870RCmb
 1        coil spring, elastic material or compressed gas; or
 2             (2)  Carries or possesses with  intent  to  use  the
 3        same  unlawfully  against another, a dagger, dirk, billy,
 4        dangerous knife, razor, stiletto, broken bottle or  other
 5        piece  of glass, stun gun or taser or any other dangerous
 6        or deadly weapon or instrument of like character; or
 7             (3)  Carries on  or  about  his  person  or  in  any
 8        vehicle,  a  tear gas gun projector or bomb or any object
 9        containing noxious liquid gas or substance, other than an
10        object containing a  non-lethal  noxious  liquid  gas  or
11        substance designed solely for personal defense carried by
12        a person 18 years of age or older; or
13             (4)  Carries   or   possesses   in  any  vehicle  or
14        concealed on or about his person except when on his  land
15        or  in  his  own  abode  or  fixed  place of business any
16        pistol, revolver, stun gun or taser or other firearm; or
17             (5)  Sets a spring gun; or
18             (6)  Possesses any device or attachment of any  kind
19        designed,  used  or  intended  for  use  in silencing the
20        report of any firearm; or
21             (7)  Sells, manufactures,  purchases,  possesses  or
22        carries:
23                  (i)  a  machine gun, which shall be defined for
24             the purposes of this subsection as any weapon, which
25             shoots, is designed to  shoot,  or  can  be  readily
26             restored  to shoot, automatically more than one shot
27             without manually reloading by a single  function  of
28             the  trigger, including the frame or receiver of any
29             such  weapon,  or  sells,  manufactures,  purchases,
30             possesses,  or  carries  any  combination  of  parts
31             designed or  intended  for  use  in  converting  any
32             weapon  into  a  machine  gun, or any combination or
33             parts from which a machine gun can be  assembled  if
34             such  parts  are  in  the  possession  or  under the
                            -8-                LRB9005870RCmb
 1             control of a person;
 2                  (ii)  any rifle having one or more barrels less
 3             than 16 inches in length or a shotgun having one  or
 4             more  barrels  less  than 18 inches in length or any
 5             weapon made from a  rifle  or  shotgun,  whether  by
 6             alteration,  modification,  or  otherwise, if such a
 7             weapon as modified has an  overall  length  of  less
 8             than 26 inches; or
 9                  (iii)  any bomb, bomb-shell, grenade, bottle or
10             other container containing an explosive substance of
11             over  one-quarter  ounce for like purposes, such as,
12             but not limited to, black powder bombs  and  Molotov
13             cocktails or artillery projectiles; or
14             (8)  Carries  or  possesses any firearm, stun gun or
15        taser or other  deadly  weapon  in  any  place  which  is
16        licensed to sell intoxicating beverages, or at any public
17        gathering  held  pursuant  to  a  license  issued  by any
18        governmental body or any public  gathering  at  which  an
19        admission  is charged, excluding a place where a showing,
20        demonstration or  lecture  involving  the  exhibition  of
21        unloaded firearms is conducted; or
22             (9)  Carries  or  possesses  in  a  vehicle or on or
23        about his person any pistol, revolver, stun gun or  taser
24        or  firearm  or ballistic knife, when he is hooded, robed
25        or masked in such manner as to conceal his identity; or
26             (10)  Carries or possesses on or about  his  person,
27        upon  any  public  street,  alley,  or other public lands
28        within  the  corporate  limits  of  a  city,  village  or
29        incorporated town, except  when  an  invitee  thereon  or
30        therein, for the purpose of the display of such weapon or
31        the  lawful  commerce  in  weapons, or except when on his
32        land or in his own abode or fixed place of business,  any
33        pistol, revolver, stun gun or taser or other firearm.
34             A "stun gun or taser", as used in this paragraph (a)
                            -9-                LRB9005870RCmb
 1        means  (i)  any  device  which  is  powered by electrical
 2        charging units, such as, batteries, and which  fires  one
 3        or  several barbs attached to a length of wire and which,
 4        upon hitting a human, can send out a current  capable  of
 5        disrupting  the  person's nervous system in such a manner
 6        as to render him incapable of normal functioning or  (ii)
 7        any device which is powered by electrical charging units,
 8        such  as  batteries, and which, upon contact with a human
 9        or clothing worn by a human, can send out current capable
10        of disrupting the  person's  nervous  system  in  such  a
11        manner  as to render him incapable of normal functioning;
12        or
13             (11)  Sells, manufactures or purchases any explosive
14        bullet.  For purposes of this  paragraph  (a)  "explosive
15        bullet"  means  the  projectile  portion of an ammunition
16        cartridge which contains or carries an  explosive  charge
17        which will explode upon contact with the flesh of a human
18        or  an  animal.    "Cartridge" means a tubular metal case
19        having a projectile affixed at the front  thereof  and  a
20        cap   or  primer  at  the  rear  end  thereof,  with  the
21        propellant contained in such tube between the  projectile
22        and the cap; or
23             (12)  (Blank).
24        (b)  Sentence.  A  person  convicted  of  a  violation of
25    subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
26    subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
27    Class A misdemeanor.  A person convicted of  a  violation  of
28    subsection  24-1(a)(4),  24-1(a)(9), or 24-1(a)(10) commits a
29    Class  4  felony;  a  person  convicted  of  a  violation  of
30    subsection 24-1(a)(6) or 24-1(a)(7)(ii) or  (iii)  commits  a
31    Class  3  felony.   A  person  convicted  of  a  violation of
32    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
33    weapon is possessed in the passenger compartment of  a  motor
34    vehicle  as  defined in Section 1-146 of the Illinois Vehicle
                            -10-               LRB9005870RCmb
 1    Code, or on the person, while the weapon is loaded, in  which
 2    case  it shall be a Class X felony.   A person convicted of a
 3    second or  subsequent  violation  of  subsection  24-1(a)(4),
 4    24-1(a)(9),  or  24-1(a)(10)  or  a  person  convicted  of  a
 5    violation  of  subsection  24-1(a)(4)  or 24-1(a)(10) who has
 6    previously been sentenced to probation under subsection (b-5)
 7    of this Section commits a Class 3 felony.
 8        (b-5)  Probation.
 9             (1)  Whenever a person pleads guilty to or is  found
10        guilty  of a violation of subsection (a)(4) or (a)(10) of
11        this Section, the court, without  entering  judgment  and
12        with  the consent of that person, may sentence him or her
13        to probation if:
14                  (A)  The person has not been convicted  of  any
15             offense  relating  to the unlawful use or possession
16             of a firearm or  of  any  offense  classified  as  a
17             felony in this or any other jurisdiction; and
18                  (B)  Within  5 years preceeding the date of the
19             current offense the person has not, other than for a
20             misdemeanor traffic-related offense, been  convicted
21             of   or  given  supervision  for  a  Class  A  or  B
22             misdemeanor in this State or of a federal law or law
23             of another state that permits the court to  sentence
24             the  offender  to a term of imprisonment of 6 months
25             or greater; and
26                  (C)  Within 5 years preceeding the date of  the
27             current  offense the person has not been adjudicated
28             delinquent for  any  forcible  felony,  Class  2  or
29             greater  felony,  or  any  offense  relating  to the
30             unlawful use or possession of a  firearm  under  the
31             laws  of  this  State  or  similar laws of any other
32             jurisdiction; and
33                  (D)  The person at  the  time  of  the  current
34             offense was otherwise in compliance with all federal
                            -11-               LRB9005870RCmb
 1             laws  and  the  laws  of  this  State  regarding the
 2             possession or  use  of  firearms  and  also  was  in
 3             compliance  with all county and municipal ordinances
 4             regarding the possession or use of firearms  of  the
 5             county or municipality wherein the offense occurred;
 6             and
 7                  (E)  The court is of the opinion that:
 8                       (i)  the  person  is  not likely to commit
 9                  further crimes;
10                       (ii)  the person and the public would best
11                  be served if the person were not to  receive  a
12                  criminal conviction; and
13                       (iii)  in  the  best interest of justice a
14                  conviction without the  entry  of  judgment  is
15                  more  appropriate  than  a  sentence  otherwise
16                  permitted    under    the   Unified   Code   of
17                  Corrections.
18             (2)  When a person is placed on probation, the court
19        shall enter an order specifying a period of probation  of
20        24 months and shall defer further proceedings in the case
21        until the conclusion of the period or until the filing of
22        a  petition  alleging violation of a term or condition of
23        probation.
24             (3)  The conditions of probation shall be  that  the
25        person:
26                  (i)  not  violate  any  criminal statute of any
27             jurisdiction;
28                  (ii) refrain from possessing a firearm or other
29             dangerous weapon; and
30                  (iii)  perform  no  less  than  30   hours   of
31             community  service,  provided  community  service is
32             available in the  jurisdiction  and  is  funded  and
33             approved by the county board.
34             (4)  The court may, in addition to other conditions,
                            -12-               LRB9005870RCmb
 1        require that the person:
 2                  (i)  make  a  report  to  and  appear in person
 3             before or participate  with  the  court  or  courts,
 4             person,  or social service agency as directed by the
 5             court in the order of probation;
 6                  (ii)  pay a fine and costs;
 7                  (iii)  work or pursue  a  course  of  study  or
 8             vocational training;
 9                  (iv)  undergo  medical or psychiatric treatment
10             or  treatment  or  rehabilitation  approved  by  the
11             Department of Human Services;
12                  (v)  support his or her dependents; or
13                  (vi)  refrain from having in his  or  her  body
14             the  presence  of  an illicit drug prohibited by the
15             Cannabis Control  Act  or  the  Illinois  Controlled
16             Substances  Act,  unless  prescribed by a physician,
17             and submit samples of his or her blood or urine,  or
18             both,  for  tests  to  determine the presence of any
19             illicit drug.
20             (5)  Upon  violation  of  a  term  or  condition  of
21        probation, the court may enter a judgment on its original
22        finding of guilt and proceed as otherwise provided.
23             (6)  Upon fulfillment of the terms and conditions of
24        probation, the  court  shall  discharge  the  person  and
25        dismiss the proceedings against him or her.
26             (7)  A  disposition of probation is considered to be
27        a conviction for the purposes of imposing the  conditions
28        of  probation  and  for  appeal;  however,  discharge and
29        dismissal under this subsection (b-5) is not a conviction
30        for  purposes  of  this   Code   or   for   purposes   of
31        disqualifications  or  disabilities  imposed  by law upon
32        conviction  of  a  crime.  If,  however,  the  person  is
33        convicted of any offense within 10 years of  a  discharge
34        and  dismissal under this subsection (b-5), the discharge
                            -13-               LRB9005870RCmb
 1        and dismissal  shall  be  admissible  in  the  sentencing
 2        proceeding   for   that   conviction   as   evidence   in
 3        aggravation.
 4             (8)  There  may  be only one discharge and dismissal
 5        under this subsection (b-5) with respect to any person.
 6        (c)  Violations in specific places.
 7             (1)  A person who violates subsection 24-1(a)(6)  or
 8        24-1(a)(7)  in  any school, regardless of the time of day
 9        or the time  of  year,  in  residential  property  owned,
10        operated  and  managed  by  a public housing agency, in a
11        public park,  in  a  courthouse,  on  the  real  property
12        comprising  any  school, regardless of the time of day or
13        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 2 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
25        the time of day or  the  time  of  year,  in  residential
26        property owned, operated, and managed by a public housing
27        agency,  in  a  public park, in a courthouse, on the real
28        property comprising any school, regardless of the time of
29        day or the time of year, on residential  property  owned,
30        operated,  and managed by a public housing agency, on the
31        real property comprising any public  park,  on  the  real
32        property  comprising  any  courthouse,  in any conveyance
33        owned, leased, or contracted by  a  school  to  transport
34        students  to or from school or a school related activity,
                            -14-               LRB9005870RCmb
 1        or on any public  way  within  1,000  feet  of  the  real
 2        property  comprising any school, public park, courthouse,
 3        or residential property owned, operated, and managed by a
 4        public housing agency commits a Class 3 felony.
 5             (2)  A person who violates subsection 24-1(a)(1)  or
 6        24-1(a)(3)  in  any school, regardless of the time of day
 7        or the time  of  year,  in  residential  property  owned,
 8        operated  and  managed  by  a public housing agency, in a
 9        public park,  in  a  courthouse,  on  the  real  property
10        comprising  any  school, regardless of the time of day or
11        the time of year, on residential property owned, operated
12        and managed by a  public  housing  agency,  on  the  real
13        property comprising any public park, on the real property
14        comprising  any  courthouse,  in  any  conveyance  owned,
15        leased or contracted by a school to transport students to
16        or  from  school  or a school related activity, or on any
17        public  way  within  1,000  feet  of  the  real  property
18        comprising  any  school,  public  park,  courthouse,   or
19        residential  property  owned,  operated, and managed by a
20        public  housing  agency  commits  a   Class   4   felony.
21        "Courthouse"  means  any  building  that  is  used by the
22        Circuit, Appellate, or Supreme Court of  this  State  for
23        the conduct of official business.
24             (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
25        subsection  (c)  shall  not  apply  to  law   enforcement
26        officers or security officers of such school, college, or
27        university or to students carrying or possessing firearms
28        for  use  in  training  courses, parades, hunting, target
29        shooting on school ranges, or otherwise with the  consent
30        of  school authorities and which firearms are transported
31        unloaded  enclosed  in   a   suitable   case,   box,   or
32        transportation package.
33             (4)  For   the  purposes  of  this  subsection  (c),
34        "school"  means  any  public  or  private  elementary  or
                            -15-               LRB9005870RCmb
 1        secondary  school,   community   college,   college,   or
 2        university.
 3        (d)  The  presence  in  an automobile other than a public
 4    omnibus of any weapon, instrument or substance referred to in
 5    subsection (a)(7) is prima facie evidence that it is  in  the
 6    possession of, and is being carried by, all persons occupying
 7    such  automobile  at  the  time  such  weapon,  instrument or
 8    substance is found, except under the following circumstances:
 9    (i) if such weapon, instrument or  instrumentality  is  found
10    upon  the  person of one of the occupants therein; or (ii) if
11    such  weapon,  instrument  or  substance  is  found   in   an
12    automobile operated for hire by a duly licensed driver in the
13    due,  lawful  and  proper  pursuit  of  his  trade, then such
14    presumption shall not apply to the driver.
15        (e)  Exemptions.  Crossbows, Common or Compound bows  and
16    Underwater  Spearguns  are  exempted  from  the definition of
17    ballistic knife as defined in paragraph (1) of subsection (a)
18    of this Section.
19    (Source: P.A. 87-524; 87-930; 88-156;  88-467;  88-670,  eff.
20    12-2-94; 88-680, eff. 1-1-95.)

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