Sen. Antonio Muņoz

Filed: 5/22/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 556

2    AMENDMENT NO. ______. Amend Senate Bill 556 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-1.6 as follows:
 
6    (720 ILCS 5/24-1.6)
7    Sec. 24-1.6. Aggravated unlawful use of a weapon.
8    (a) A person commits the offense of aggravated unlawful use
9of a weapon when he or she knowingly:
10        (1) carries Carries on or about his or her person or in
11    any vehicle or concealed on or about his or her person
12    except when on his or her land or in his or her abode,
13    legal dwelling, or fixed place of business, or on the land
14    or in the legal dwelling of another person as an invitee
15    with that person's permission, any firearm other than a
16    semi-automatic assault weapon pistol, revolver, stun gun,

 

 

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1    or taser or other firearm; or
2        (2) carries Carries or possesses on or about his or her
3    person, upon any public street, alley, or other public
4    lands within the corporate limits of a city, village or
5    incorporated town, except when an invitee thereon or
6    therein, for the purpose of the display of the such weapon
7    or the lawful commerce in weapons, or except when on his or
8    her own land or in his or her own abode, legal dwelling, or
9    fixed place of business, or on the land or in the legal
10    dwelling of another person as an invitee with that person's
11    permission, any firearm other than a semi-automatic
12    assault weapon pistol, revolver, stun gun, or taser or
13    other firearm; and
14        (3) one One of the following factors is present:
15            (A) the firearm, other than a pistol, revolver, or
16        handgun, possessed was uncased, loaded, and
17        immediately accessible at the time of the offense; or
18            (A-5) the pistol, revolver, or handgun possessed
19        was uncased, loaded, and immediately accessible at the
20        time of the offense and the person possessing the
21        pistol, revolver, or handgun has not been issued a
22        currently valid license under the Firearm Concealed
23        Carry Act; or
24            (B) the firearm, other than a pistol, revolver, or
25        handgun, possessed was uncased, unloaded, and the
26        ammunition for the weapon was immediately accessible

 

 

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1        at the time of the offense; or
2            (B-5) the pistol, revolver, or handgun possessed
3        was uncased, unloaded, and the ammunition for the
4        weapon was immediately accessible at the time of the
5        offense and the person possessing the pistol,
6        revolver, or handgun has not been issued a currently
7        valid license under the Firearm Concealed Carry Act; or
8            (C) the person possessing the firearm has not been
9        issued a currently valid Firearm Owner's
10        Identification Card; or
11            (D) the person possessing the weapon was
12        previously adjudicated a delinquent minor under the
13        Juvenile Court Act of 1987 for an act that if committed
14        by an adult would be a felony; or
15            (E) the person possessing the weapon was engaged in
16        a misdemeanor violation of the Cannabis Control Act, in
17        a misdemeanor violation of the Illinois Controlled
18        Substances Act, or in a misdemeanor violation of the
19        Methamphetamine Control and Community Protection Act;
20        or
21            (F) (blank); or
22            (G) the person possessing the weapon had an a order
23        of protection issued against him or her within the
24        previous 2 years; or
25            (H) the person possessing the weapon was engaged in
26        the commission or attempted commission of a

 

 

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1        misdemeanor involving the use or threat of violence
2        against the person or property of another; or
3            (I) the person possessing the weapon was under 21
4        years of age and in possession of a handgun, unless the
5        person under 21 is engaged in lawful activities under
6        the Wildlife Code or described in subsection
7        24-2(b)(1), (b)(3), or 24-2(f).
8    (a-4) A person commits aggravated unlawful use of a weapon
9when he or she knowingly:
10        (1) carries on or about his or her person or in any
11    vehicle or concealed on or about his or her person except
12    when on his or her land or in his or her abode, legal
13    dwelling, or fixed place of business, or on the land or in
14    the legal dwelling of another person as an invitee with
15    that person's permission, any semi-automatic assault
16    weapon; or
17        (2) carries or possesses on or about his or her person,
18    upon any public street, alley, or other public lands within
19    the corporate limits of a city, village or incorporated
20    town, except when an invitee thereon or therein, for the
21    purpose of the display of the semi-automatic assault weapon
22    or the lawful commerce in semi-automatic assault weapons,
23    or except when on his or her own land or in his or her own
24    abode, legal dwelling, or fixed place of business, or on
25    the land or in the legal dwelling of another person as an
26    invitee with that person's permission, any semi-automatic

 

 

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1    assault weapon; and
2        (3) one of the following factors is present:
3            (A) the semi-automatic assault weapon, other than
4        a pistol, revolver, or handgun, possessed was uncased,
5        loaded, and immediately accessible at the time of the
6        offense; or
7            (B) a semi-automatic assault weapon that is a
8        pistol, revolver, or handgun possessed was uncased,
9        loaded, and immediately accessible at the time of the
10        offense and the person possessing the semi-automatic
11        assault weapon has not been issued a currently valid
12        license under the Firearm Concealed Carry Act; or
13            (C) the semi-automatic assault weapon, other than
14        a pistol, revolver, or handgun, possessed was uncased,
15        unloaded, and the ammunition for the semi-automatic
16        assault weapon was immediately accessible at the time
17        of the offense; or
18            (D) a semi-automatic assault weapon that is a
19        pistol, revolver, or handgun possessed was uncased,
20        unloaded, and the ammunition for the semi-automatic
21        assault weapon was immediately accessible at the time
22        of the offense and the person possessing the
23        semi-automatic assault weapon has not been issued a
24        currently valid license under the Firearm Concealed
25        Carry Act; or
26            (E) the person possessing the semi-automatic

 

 

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1        assault weapon has not been issued a currently valid
2        Firearm Owner's Identification Card; or
3            (F) the person possessing the semi-automatic
4        assault weapon was previously adjudicated a delinquent
5        minor under the Juvenile Court Act of 1987 for an act
6        that if committed by an adult would be a felony; or
7            (G) the person possessing the semi-automatic
8        assault weapon was engaged in a misdemeanor violation
9        of the Cannabis Control Act, in a misdemeanor violation
10        of the Illinois Controlled Substances Act, or in a
11        misdemeanor violation of the Methamphetamine Control
12        and Community Protection Act; or
13            (H) the person possessing the semi-automatic
14        assault weapon had an order of protection issued
15        against him or her within the previous 2 years; or
16            (I) the person possessing the semi-automatic
17        assault weapon was engaged in the commission or
18        attempted commission of a misdemeanor involving the
19        use or threat of violence against the person or
20        property of another; or
21            (J) the person possessing the semi-automatic
22        assault weapon was under 21 years of age and in
23        possession of a semi-automatic assault weapon handgun,
24        unless the person under 21 is engaged in lawful
25        activities under the Wildlife Code or described in
26        subsection 24-2(b)(1), (b)(3), or 24-2(f).

 

 

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1    (a-5) "Handgun" as used in this Section has the meaning
2given to it in Section 5 of the Firearm Concealed Carry Act.
3    "Semi-automatic assault weapon" as used in this Section
4means:
5        (1) any of the firearms or types, replicas, or
6    duplicates regardless of caliber, known as:
7            (A) Norinco, Mitchell, and Poly Technologies
8        Avtomat Kalashnikovs (all models);
9            (B) Action Arms Israeli Military Industries UZI
10        and Galil;
11            (C) Beretta AR-70 (SC-70);
12            (D) Colt AR-15;
13            (E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
14            (F) SWD M-10, M-11, M-11/9, and M-12;
15            (G) Steyr AUG;
16            (H) INTRATEC TEC-9, TEC-DC9, and TEC-22; or
17            (I) any shotgun which contains its ammunition in a
18        revolving cylinder, such as (but not limited to) the
19        Street Sweeper and Striker 12;
20        (2) a semi-automatic rifle or pump action rifle that
21    has an ability to accept a detachable magazine and has any
22    of the following:
23            (A) a folding or telescoping stock;
24            (B) a pistol grip or thumbhole stock;
25            (C) a shroud that is attached to, or partially or
26        completely encircles the barrel, and that permits the

 

 

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1        shooter to hold the firearm with the non-trigger hand
2        without being burned;
3        (3) a semi-automatic pistol that has an ability to
4    accept a detachable magazine and has any of the following:
5            (A) a folding, telescoping, or thumbhole stock;
6            (B) a shroud that is attached to, or partially or
7        completely encircles the barrel, and that permits the
8        shooter to hold the firearm with the non-trigger hand
9        without being burned; an ammunition magazine that
10        attaches to the pistol outside of the pistol grip;
11            (C) a manufactured weight of 50 ounces or more when
12        the pistol is unloaded; or
13            (D) a semi-automatic version of an automatic
14        firearm;
15        (4) a semi-automatic rifle or pistol with a fixed
16    magazine that has the capacity to accept more than 10
17    rounds of ammunition;
18        (5) a semi-automatic shotgun that has any of the
19    following:
20            (A) a folding or telescoping stock;
21            (B) a pistol grip or thumbhole stock;
22            (C) a fixed magazine capacity in excess of 5
23        rounds; or
24            (D) an ability to accept a detachable magazine.
25    "Semi-automatic assault weapon" does not include:
26        (1) any firearm that:

 

 

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1            (A) is manually prepared by bolt, pump, lever, or
2        slide action;
3            (B) is an unserviceable firearm or has been made
4        permanently inoperable;
5            (C) is an antique firearm; or
6            (D) is a rifle with a fixed tubular magazine
7        located under the barrel that is only capable of
8        holding rounds of ammunition placed end to end; or
9        (2) any air rifle as defined in Section 24.8-0.1 of
10    this Code.
11    (b) "Stun gun or taser" as used in this Section has the
12same definition given to it in Section 24-1 of this Code.
13    (c) This Section does not apply to or affect the
14transportation or possession of weapons that:
15        (i) are broken down in a non-functioning state; or
16        (ii) are not immediately accessible; or
17        (iii) are unloaded and enclosed in a case, firearm
18    carrying box, shipping box, or other container by a person
19    who has been issued a currently valid Firearm Owner's
20    Identification Card.
21    (d) Sentence.
22         (1) Aggravated unlawful use of a weapon under
23    subsection (a) of this Section is a Class 4 felony; a
24    second or subsequent offense under subsection (a) of this
25    Section is a Class 2 felony for which the person shall be
26    sentenced to a term of imprisonment of not less than 3

 

 

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1    years and not more than 7 years.
2        (1.5) Aggravated unlawful use of a weapon under
3    subsection (a-4) of this Section is a Class 3 felony; a
4    second or subsequent offense under subsection (a-4) of this
5    Section is a Class 1 felony for which the person shall be
6    sentenced to a term of imprisonment of not less than 4
7    years.
8        (2) Except as otherwise provided in paragraphs (3) and
9    (4) of this subsection (d), a first offense of aggravated
10    unlawful use of a weapon under subsection (a) of this
11    Section committed with a firearm by a person 18 years of
12    age or older where the factors listed in both items (A) and
13    (C) or both items (A-5) and (C) of paragraph (3) of
14    subsection (a) are present is a Class 4 felony, for which
15    the person shall be sentenced to a term of imprisonment of
16    not less than one year and not more than 3 years.
17        (2.5) Except as otherwise provided in paragraphs (3.5)
18    and (4) of this subsection (d), a first offense of
19    aggravated unlawful use of a weapon under subsection (a-4)
20    of this Section committed with a semi-automatic assault
21    weapon by a person 18 years of age or older where the
22    factors listed in both items (A) and (E) or both items (B)
23    and (E) of paragraph (3) of subsection (a-4) are present is
24    a Class 3 felony, for which the person shall be sentenced
25    to a term of imprisonment of not less than 2 years.
26        (3) Aggravated unlawful use of a weapon under

 

 

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1    subsection (a) of this Section by a person who has been
2    previously convicted of a felony in this State or another
3    jurisdiction is a Class 2 felony for which the person shall
4    be sentenced to a term of imprisonment of not less than 3
5    years and not more than 7 years.
6        (3.5) Aggravated unlawful use of a weapon under
7    subsection (a-4) of this Section by a person who has been
8    previously convicted of a felony in this State or another
9    jurisdiction is a Class 1 felony for which the person shall
10    be sentenced to a term of imprisonment of not less than 4
11    years.
12        (4) Aggravated unlawful use of a weapon under
13    subsection (a) of this Section while wearing or in
14    possession of body armor as defined in Section 33F-1 of
15    this Code by a person who has not been issued a valid
16    Firearm Firearms Owner's Identification Card under in
17    accordance with Section 5 of the Firearm Owners
18    Identification Card Act is a Class X felony.
19        (4.5) Aggravated unlawful use of a semi-automatic
20    assault weapon under subsection (a-4) of this Section while
21    wearing or in possession of body armor as defined in
22    Section 33F-1 of this Code by a person who has not been
23    issued a valid Firearm Owner's Identification Card under
24    Section 5 of the Firearm Owners Identification Card Act is
25    a Class X felony with a minimum term of imprisonment of not
26    less than 7 years.

 

 

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1    (e) The possession of each firearm in violation of this
2Section constitutes a single and separate violation.
3(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)".