Public Act 90-0686 of the 90th General Assembly
Public Act 90-0686
SB1427 Enrolled LRB9011199RCpkA
AN ACT in relation to the unlawful use of weapons,
amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 24-1 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied
to a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the
same unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous
or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any
vehicle, a tear gas gun projector or bomb or any object
containing noxious liquid gas or substance, other than an
object containing a non-lethal noxious liquid gas or
substance designed solely for personal defense carried by
a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or
concealed on or about his person except when on his land
or in his own abode or fixed place of business any
pistol, revolver, stun gun or taser or other firearm; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the
report of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for
the purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of
the trigger, including the frame or receiver of any
such weapon, or sells, manufactures, purchases,
possesses, or carries any combination of parts
designed or intended for use in converting any
weapon into a machine gun, or any combination or
parts from which a machine gun can be assembled if
such parts are in the possession or under the
control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less
than 26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as,
but not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted; or
(9) Carries or possesses in a vehicle or on or
about his person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he is hooded, robed
or masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person,
upon any public street, alley, or other public lands
within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his
land or in his own abode or fixed place of business, any
pistol, revolver, stun gun or taser or other firearm.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one
or several barbs attached to a length of wire and which,
upon hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner
as to render him incapable of normal functioning or (ii)
any device which is powered by electrical charging units,
such as batteries, and which, upon contact with a human
or clothing worn by a human, can send out current capable
of disrupting the person's nervous system in such a
manner as to render him incapable of normal functioning;
or
(11) Sells, manufactures or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case
having a projectile affixed at the front thereof and a
cap or primer at the rear end thereof, with the
propellant contained in such tube between the projectile
and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
Class 3 felony. A person convicted of a violation of
subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day
or the time of year, in residential property owned,
operated and managed by a public housing agency, in a
public park, in a courthouse, on the real property
comprising any school, regardless of the time of day or
the time of year, on residential property owned,
operated and managed by a public housing agency, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
or residential property owned, operated, and managed by a
public housing agency commits a Class 2 felony.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, and managed by a public housing
agency, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated, and managed by a public housing agency, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
or residential property owned, operated, and managed by a
public housing agency commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated and managed by a public housing
agency, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated and managed by a public housing agency, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
or residential property owned, operated, and managed by a
public housing agency commits a Class 4 felony.
"Courthouse" means any building that is used by the
Circuit, Appellate, or Supreme Court of this State for
the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this
subsection (c) shall not apply to law enforcement
officers or security officers of such school, college, or
university or to students carrying or possessing firearms
for use in training courses, parades, hunting, target
shooting on school ranges, or otherwise with the consent
of school authorities and which firearms are transported
unloaded enclosed in a suitable case, box, or
transportation package.
(4) For the purposes of this subsection (c),
"school" means any public or private elementary or
secondary school, community college, college, or
university.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an
automobile operated for hire by a duly licensed driver in the
due, lawful and proper pursuit of his trade, then such
presumption shall not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
12-2-94; 88-680, eff. 1-1-95.)
Section 10. The Unified Code of Corrections is amended
by changing Section 5-5-3.2 as follows:
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence
under Section 5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for
committing the offense;
(3) the defendant has a history of prior
delinquency or criminal activity;
(4) the defendant, by the duties of his office or
by his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional
reputation or position in the community to commit the
offense, or to afford him an easier means of committing
it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's
property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of
a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section,
"sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship
or on the grounds of a place of worship, immediately
prior to, during or immediately following worship
services. For purposes of this subparagraph, "place of
worship" shall mean any church, synagogue or other
building, structure or place used primarily for religious
worship;
(12) the defendant was convicted of a felony
committed while he was released on bail or his own
recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit
a felony while he was wearing a bulletproof vest. For
the purposes of this paragraph (13), a bulletproof vest
is any device which is designed for the purpose of
protecting the wearer from bullets, shot or other lethal
projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker,
in relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to
the activities of an organized gang. For the purposes of
this factor, "organized gang" has the meaning ascribed to
it in Section 10 of the Streetgang Terrorism Omnibus
Prevention Act;
(16) the defendant committed an offense in
violation of one of the following Sections while in a
school, regardless of the time of day or time of year; on
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity; on the real property of a school; or on
a public way within 1,000 feet of the real property
comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961.
For the purposes of this Section, "school" is defined as
a public or private elementary or secondary school, community
college, college, or university.
(b) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
(1) When a defendant is convicted of any felony,
after having been previously convicted in Illinois or any
other jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time
of the offense or such person's property;
(ii) a person 60 years of age or older at the
time of the offense or such person's property; or
(iii) a person physically handicapped at the
time of the offense or such person's property; or
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds that aggravated criminal
sexual assault or criminal sexual assault was also
committed on the same victim by one or more other
individuals, and the defendant voluntarily participated
in the crime with the knowledge of the participation of
the others in the crime, and the commission of the crime
was part of a single course of conduct during which there
was no substantial change in the nature of the criminal
objective; or
(6) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony,
rite, initiation, observance, performance, practice or
activity of any actual or ostensible religious,
fraternal, or social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery,
religious, fraternal, business, governmental,
educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in
Illinois of any offense listed under paragraph (c)(2) of
Section 5-5-3, when such conviction has occurred within
10 years after the previous conviction, excluding time
spent in custody, and such charges are separately brought
and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of
management or leadership, and the court further finds
that the felony committed was related to or in
furtherance of the criminal activities of an organized
gang or was motivated by the defendant's leadership in an
organized gang; or
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang.
(b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(d) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of the Criminal Code of
1961 for possessing a weapon that is not readily
distinguishable as one of the weapons enumerated in Section
24-1 of the Criminal Code of 1961.
(Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)