[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1947
LRB9112147RCpk
1 AN ACT to amend the Criminal Code of 1961 by re-enacting
2 Section 24-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Public Act 88-680, effective January 1, 1995,
8 contained provisions amending various criminal statutes.
9 Public Act 88-680 also contained other provisions.
10 (ii) In addition, Public Act 88-680 was entitled
11 "AN ACT to create a Safe Neighborhoods Law". (A) Article
12 5 was entitled JUVENILE JUSTICE and amended the Juvenile
13 Court Act of 1987. (B) Article 15 was entitled GANGS and
14 amended various provisions of the Criminal Code of 1961
15 and the Unified Code of Corrections. (C) Article 20 was
16 entitled ALCOHOL ABUSE and amended various provisions of
17 the Illinois Vehicle Code. (D) Article 25 was entitled
18 DRUG ABUSE and amended the Cannabis Control Act and the
19 Illinois Controlled Substances Act. (E) Article 30 was
20 entitled FIREARMS and amended the Criminal Code of 1961
21 and the Code of Criminal Procedure of 1963. (F) Article
22 35 amended the Criminal Code of 1961, the Rights of Crime
23 Victims and Witnesses Act, and the Unified Code of
24 Corrections. (G) Article 40 amended the Criminal Code of
25 1961 to increase the penalty for compelling organization
26 membership of persons. (H) Article 45 created the Secure
27 Residential Youth Care Facility Licensing Act and amended
28 the State Finance Act, the Juvenile Court Act of 1987,
29 the Unified Code of Corrections, and the Private
30 Correctional Facility Moratorium Act. (I) Article 50
31 amended the WIC Vendor Management Act, the Firearm Owners
32 Identification Card Act, the Juvenile Court Act of 1987,
-2- LRB9112147RCpk
1 the Criminal Code of 1961, the Wrongs to Children Act,
2 and the Unified Code of Corrections.
3 (iii) On December 2, 1999, the Illinois Supreme
4 Court, in People v. Cervantes, Docket No. 87229, ruled
5 that Public Act 88-680 violates the single subject clause
6 of the Illinois Constitution (Article IV, Section 8 (d))
7 and was unconstitutional in its entirety.
8 (iv) The criminal provisions of Public Act 88-680
9 are of vital concern to the people of this State and
10 legislative action concerning various criminal provisions
11 of Public Act 88-680 is necessary.
12 (2) It is the purpose of this Act to re-enact Section
13 24-1 of the Criminal Code of 1961 contained in Public Act
14 88-680, including subsequent amendments. This re-enactment is
15 intended to remove any question as to the validity or
16 content of those provisions.
17 (3) This Act re-enacts Section 24-1 of the Criminal Code
18 of 1961 contained in Public Act 88-680, including subsequent
19 amendments, to remove any question as to the validity or
20 content of those provisions; it is not intended to supersede
21 any other Public Act that amends the text of the Sections as
22 set forth in this Act. The material is shown as existing
23 text (i.e., without underscoring), except for technical
24 changes having a revisory function.
25 Section 5. The Criminal Code of 1961 is amended by
26 re-enacting Section 24-1 as follows:
27 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
28 Sec. 24-1. Unlawful Use of Weapons.
29 (a) A person commits the offense of unlawful use of
30 weapons when he knowingly:
31 (1) Sells, manufactures, purchases, possesses or
32 carries any bludgeon, black-jack, slung-shot, sand-club,
-3- LRB9112147RCpk
1 sand-bag, metal knuckles, throwing star, or any knife,
2 commonly referred to as a switchblade knife, which has a
3 blade that opens automatically by hand pressure applied
4 to a button, spring or other device in the handle of the
5 knife, or a ballistic knife, which is a device that
6 propels a knifelike blade as a projectile by means of a
7 coil spring, elastic material or compressed gas; or
8 (2) Carries or possesses with intent to use the
9 same unlawfully against another, a dagger, dirk, billy,
10 dangerous knife, razor, stiletto, broken bottle or other
11 piece of glass, stun gun or taser or any other dangerous
12 or deadly weapon or instrument of like character; or
13 (3) Carries on or about his person or in any
14 vehicle, a tear gas gun projector or bomb or any object
15 containing noxious liquid gas or substance, other than an
16 object containing a non-lethal noxious liquid gas or
17 substance designed solely for personal defense carried by
18 a person 18 years of age or older; or
19 (4) Carries or possesses in any vehicle or
20 concealed on or about his person except when on his land
21 or in his own abode or fixed place of business any
22 pistol, revolver, stun gun or taser or other firearm; or
23 (5) Sets a spring gun; or
24 (6) Possesses any device or attachment of any kind
25 designed, used or intended for use in silencing the
26 report of any firearm; or
27 (7) Sells, manufactures, purchases, possesses or
28 carries:
29 (i) a machine gun, which shall be defined for
30 the purposes of this subsection as any weapon, which
31 shoots, is designed to shoot, or can be readily
32 restored to shoot, automatically more than one shot
33 without manually reloading by a single function of
34 the trigger, including the frame or receiver of any
-4- LRB9112147RCpk
1 such weapon, or sells, manufactures, purchases,
2 possesses, or carries any combination of parts
3 designed or intended for use in converting any
4 weapon into a machine gun, or any combination or
5 parts from which a machine gun can be assembled if
6 such parts are in the possession or under the
7 control of a person;
8 (ii) any rifle having one or more barrels less
9 than 16 inches in length or a shotgun having one or
10 more barrels less than 18 inches in length or any
11 weapon made from a rifle or shotgun, whether by
12 alteration, modification, or otherwise, if such a
13 weapon as modified has an overall length of less
14 than 26 inches; or
15 (iii) any bomb, bomb-shell, grenade, bottle or
16 other container containing an explosive substance of
17 over one-quarter ounce for like purposes, such as,
18 but not limited to, black powder bombs and Molotov
19 cocktails or artillery projectiles; or
20 (8) Carries or possesses any firearm, stun gun or
21 taser or other deadly weapon in any place which is
22 licensed to sell intoxicating beverages, or at any public
23 gathering held pursuant to a license issued by any
24 governmental body or any public gathering at which an
25 admission is charged, excluding a place where a showing,
26 demonstration or lecture involving the exhibition of
27 unloaded firearms is conducted; or
28 (9) Carries or possesses in a vehicle or on or
29 about his person any pistol, revolver, stun gun or taser
30 or firearm or ballistic knife, when he is hooded, robed
31 or masked in such manner as to conceal his identity; or
32 (10) Carries or possesses on or about his person,
33 upon any public street, alley, or other public lands
34 within the corporate limits of a city, village or
-5- LRB9112147RCpk
1 incorporated town, except when an invitee thereon or
2 therein, for the purpose of the display of such weapon or
3 the lawful commerce in weapons, or except when on his
4 land or in his own abode or fixed place of business, any
5 pistol, revolver, stun gun or taser or other firearm.
6 A "stun gun or taser", as used in this paragraph (a)
7 means (i) any device which is powered by electrical
8 charging units, such as, batteries, and which fires one
9 or several barbs attached to a length of wire and which,
10 upon hitting a human, can send out a current capable of
11 disrupting the person's nervous system in such a manner
12 as to render him incapable of normal functioning or (ii)
13 any device which is powered by electrical charging units,
14 such as batteries, and which, upon contact with a human
15 or clothing worn by a human, can send out current capable
16 of disrupting the person's nervous system in such a
17 manner as to render him incapable of normal functioning;
18 or
19 (11) Sells, manufactures or purchases any explosive
20 bullet. For purposes of this paragraph (a) "explosive
21 bullet" means the projectile portion of an ammunition
22 cartridge which contains or carries an explosive charge
23 which will explode upon contact with the flesh of a human
24 or an animal. "Cartridge" means a tubular metal case
25 having a projectile affixed at the front thereof and a
26 cap or primer at the rear end thereof, with the
27 propellant contained in such tube between the projectile
28 and the cap; or
29 (12) (Blank).
30 (b) Sentence. A person convicted of a violation of
31 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
32 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
33 Class A misdemeanor. A person convicted of a violation of
34 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
-6- LRB9112147RCpk
1 Class 4 felony; a person convicted of a violation of
2 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
3 Class 3 felony. A person convicted of a violation of
4 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
5 weapon is possessed in the passenger compartment of a motor
6 vehicle as defined in Section 1-146 of the Illinois Vehicle
7 Code, or on the person, while the weapon is loaded, in which
8 case it shall be a Class X felony. A person convicted of a
9 second or subsequent violation of subsection 24-1(a)(4),
10 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
11 (c) Violations in specific places.
12 (1) A person who violates subsection 24-1(a)(6) or
13 24-1(a)(7) in any school, regardless of the time of day
14 or the time of year, in residential property owned,
15 operated or managed by a public housing agency or leased
16 by a public housing agency as part of a scattered site or
17 mixed-income development, in a public park, in a
18 courthouse, on the real property comprising any school,
19 regardless of the time of day or the time of year, on
20 residential property owned, operated or managed by a
21 public housing agency or leased by a public housing
22 agency as part of a scattered site or mixed-income
23 development, on the real property comprising any public
24 park, on the real property comprising any courthouse, in
25 any conveyance owned, leased or contracted by a school to
26 transport students to or from school or a school related
27 activity, or on any public way within 1,000 feet of the
28 real property comprising any school, public park,
29 courthouse, or residential property owned, operated, or
30 managed by a public housing agency or leased by a public
31 housing agency as part of a scattered site or
32 mixed-income development commits a Class 2 felony.
33 (1.5) A person who violates subsection 24-1(a)(4),
34 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
-7- LRB9112147RCpk
1 the time of day or the time of year, in residential
2 property owned, operated, or managed by a public housing
3 agency or leased by a public housing agency as part of a
4 scattered site or mixed-income development, in a public
5 park, in a courthouse, on the real property comprising
6 any school, regardless of the time of day or the time of
7 year, on residential property owned, operated, or managed
8 by a public housing agency or leased by a public housing
9 agency as part of a scattered site or mixed-income
10 development, on the real property comprising any public
11 park, on the real property comprising any courthouse, in
12 any conveyance owned, leased, or contracted by a school
13 to transport students to or from school or a school
14 related activity, or on any public way within 1,000 feet
15 of the real property comprising any school, public park,
16 courthouse, or residential property owned, operated, or
17 managed by a public housing agency or leased by a public
18 housing agency as part of a scattered site or
19 mixed-income development commits a Class 3 felony.
20 (2) A person who violates subsection 24-1(a)(1),
21 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
22 the time of day or the time of year, in residential
23 property owned, operated or managed by a public housing
24 agency or leased by a public housing agency as part of a
25 scattered site or mixed-income development, in a public
26 park, in a courthouse, on the real property comprising
27 any school, regardless of the time of day or the time of
28 year, on residential property owned, operated or managed
29 by a public housing agency or leased by a public housing
30 agency as part of a scattered site or mixed-income
31 development, on the real property comprising any public
32 park, on the real property comprising any courthouse, in
33 any conveyance owned, leased or contracted by a school to
34 transport students to or from school or a school related
-8- LRB9112147RCpk
1 activity, or on any public way within 1,000 feet of the
2 real property comprising any school, public park,
3 courthouse, or residential property owned, operated, or
4 managed by a public housing agency or leased by a public
5 housing agency as part of a scattered site or
6 mixed-income development commits a Class 4 felony.
7 "Courthouse" means any building that is used by the
8 Circuit, Appellate, or Supreme Court of this State for
9 the conduct of official business.
10 (3) Paragraphs (1), (1.5), and (2) of this
11 subsection (c) shall not apply to law enforcement
12 officers or security officers of such school, college, or
13 university or to students carrying or possessing firearms
14 for use in training courses, parades, hunting, target
15 shooting on school ranges, or otherwise with the consent
16 of school authorities and which firearms are transported
17 unloaded enclosed in a suitable case, box, or
18 transportation package.
19 (4) For the purposes of this subsection (c),
20 "school" means any public or private elementary or
21 secondary school, community college, college, or
22 university.
23 (d) The presence in an automobile other than a public
24 omnibus of any weapon, instrument or substance referred to in
25 subsection (a)(7) is prima facie evidence that it is in the
26 possession of, and is being carried by, all persons occupying
27 such automobile at the time such weapon, instrument or
28 substance is found, except under the following circumstances:
29 (i) if such weapon, instrument or instrumentality is found
30 upon the person of one of the occupants therein; or (ii) if
31 such weapon, instrument or substance is found in an
32 automobile operated for hire by a duly licensed driver in the
33 due, lawful and proper pursuit of his trade, then such
34 presumption shall not apply to the driver.
-9- LRB9112147RCpk
1 (e) Exemptions. Crossbows, Common or Compound bows and
2 Underwater Spearguns are exempted from the definition of
3 ballistic knife as defined in paragraph (1) of subsection (a)
4 of this Section.
5 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.