Sen. Rachelle Crowe

Filed: 5/21/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 38

2    AMENDMENT NO. ______. Amend House Bill 38 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
 
6    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
7    Sec. 9-1. First degree murder; death penalties;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals. First degree murder; death penalties;
10exceptions; separate hearings; proof; findings; appellate
11procedures; reversals.
12    (a) A person who kills an individual without lawful
13justification commits first degree murder if, in performing the
14acts which cause the death:
15        (1) he or she either intends to kill or do great bodily
16    harm to that individual or another, or knows that such acts

 

 

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1    will cause death to that individual or another; or
2        (2) he or she knows that such acts create a strong
3    probability of death or great bodily harm to that
4    individual or another; or
5        (3) he or she is attempting or committing a forcible
6    felony other than second degree murder.
7    (b) Aggravating Factors. A defendant who at the time of the
8commission of the offense has attained the age of 18 or more
9and who has been found guilty of first degree murder may be
10sentenced to death if:
11        (1) the murdered individual was a peace officer or
12    fireman killed in the course of performing his official
13    duties, to prevent the performance of his or her official
14    duties, or in retaliation for performing his or her
15    official duties, and the defendant knew or should have
16    known that the murdered individual was a peace officer or
17    fireman; or
18        (2) the murdered individual was an employee of an
19    institution or facility of the Department of Corrections,
20    or any similar local correctional agency, killed in the
21    course of performing his or her official duties, to prevent
22    the performance of his or her official duties, or in
23    retaliation for performing his or her official duties, or
24    the murdered individual was an inmate at such institution
25    or facility and was killed on the grounds thereof, or the
26    murdered individual was otherwise present in such

 

 

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1    institution or facility with the knowledge and approval of
2    the chief administrative officer thereof; or
3        (3) the defendant has been convicted of murdering two
4    or more individuals under subsection (a) of this Section or
5    under any law of the United States or of any state which is
6    substantially similar to subsection (a) of this Section
7    regardless of whether the deaths occurred as the result of
8    the same act or of several related or unrelated acts so
9    long as the deaths were the result of either an intent to
10    kill more than one person or of separate acts which the
11    defendant knew would cause death or create a strong
12    probability of death or great bodily harm to the murdered
13    individual or another; or
14        (4) the murdered individual was killed as a result of
15    the hijacking of an airplane, train, ship, bus, or other
16    public conveyance; or
17        (5) the defendant committed the murder pursuant to a
18    contract, agreement, or understanding by which he or she
19    was to receive money or anything of value in return for
20    committing the murder or procured another to commit the
21    murder for money or anything of value; or
22        (6) the murdered individual was killed in the course of
23    another felony if:
24            (a) the murdered individual:
25                (i) was actually killed by the defendant, or
26                (ii) received physical injuries personally

 

 

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1            inflicted by the defendant substantially
2            contemporaneously with physical injuries caused by
3            one or more persons for whose conduct the defendant
4            is legally accountable under Section 5-2 of this
5            Code, and the physical injuries inflicted by
6            either the defendant or the other person or persons
7            for whose conduct he is legally accountable caused
8            the death of the murdered individual; and
9            (b) in performing the acts which caused the death
10        of the murdered individual or which resulted in
11        physical injuries personally inflicted by the
12        defendant on the murdered individual under the
13        circumstances of subdivision (ii) of subparagraph (a)
14        of paragraph (6) of subsection (b) of this Section, the
15        defendant acted with the intent to kill the murdered
16        individual or with the knowledge that his acts created
17        a strong probability of death or great bodily harm to
18        the murdered individual or another; and
19            (c) the other felony was an inherently violent
20        crime or the attempt to commit an inherently violent
21        crime. In this subparagraph (c), "inherently violent
22        crime" includes, but is not limited to, armed robbery,
23        robbery, predatory criminal sexual assault of a child,
24        aggravated criminal sexual assault, aggravated
25        kidnapping, aggravated vehicular hijacking, aggravated
26        arson, aggravated stalking, residential burglary, and

 

 

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1        home invasion; or
2        (7) the murdered individual was under 12 years of age
3    and the death resulted from exceptionally brutal or heinous
4    behavior indicative of wanton cruelty; or
5        (8) the defendant committed the murder with intent to
6    prevent the murdered individual from testifying or
7    participating in any criminal investigation or prosecution
8    or giving material assistance to the State in any
9    investigation or prosecution, either against the defendant
10    or another; or the defendant committed the murder because
11    the murdered individual was a witness in any prosecution or
12    gave material assistance to the State in any investigation
13    or prosecution, either against the defendant or another;
14    for purposes of this paragraph (8), "participating in any
15    criminal investigation or prosecution" is intended to
16    include those appearing in the proceedings in any capacity
17    such as trial judges, prosecutors, defense attorneys,
18    investigators, witnesses, or jurors; or
19        (9) the defendant, while committing an offense
20    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
21    407 or 407.1 or subsection (b) of Section 404 of the
22    Illinois Controlled Substances Act, or while engaged in a
23    conspiracy or solicitation to commit such offense,
24    intentionally killed an individual or counseled,
25    commanded, induced, procured or caused the intentional
26    killing of the murdered individual; or

 

 

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1        (10) the defendant was incarcerated in an institution
2    or facility of the Department of Corrections at the time of
3    the murder, and while committing an offense punishable as a
4    felony under Illinois law, or while engaged in a conspiracy
5    or solicitation to commit such offense, intentionally
6    killed an individual or counseled, commanded, induced,
7    procured or caused the intentional killing of the murdered
8    individual; or
9        (11) the murder was committed in a cold, calculated and
10    premeditated manner pursuant to a preconceived plan,
11    scheme or design to take a human life by unlawful means,
12    and the conduct of the defendant created a reasonable
13    expectation that the death of a human being would result
14    therefrom; or
15        (12) the murdered individual was an emergency medical
16    technician - ambulance, emergency medical technician -
17    intermediate, emergency medical technician - paramedic,
18    ambulance driver, or other medical assistance or first aid
19    personnel, employed by a municipality or other
20    governmental unit, killed in the course of performing his
21    official duties, to prevent the performance of his official
22    duties, or in retaliation for performing his official
23    duties, and the defendant knew or should have known that
24    the murdered individual was an emergency medical
25    technician - ambulance, emergency medical technician -
26    intermediate, emergency medical technician - paramedic,

 

 

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1    ambulance driver, or other medical assistance or first aid
2    personnel; or
3        (13) the defendant was a principal administrator,
4    organizer, or leader of a calculated criminal drug
5    conspiracy consisting of a hierarchical position of
6    authority superior to that of all other members of the
7    conspiracy, and the defendant counseled, commanded,
8    induced, procured, or caused the intentional killing of the
9    murdered person; or
10        (14) the murder was intentional and involved the
11    infliction of torture. For the purpose of this Section
12    torture means the infliction of or subjection to extreme
13    physical pain, motivated by an intent to increase or
14    prolong the pain, suffering or agony of the victim; or
15        (15) the murder was committed as a result of the
16    intentional discharge of a firearm by the defendant from a
17    motor vehicle and the victim was not present within the
18    motor vehicle; or
19        (16) the murdered individual was 60 years of age or
20    older and the death resulted from exceptionally brutal or
21    heinous behavior indicative of wanton cruelty; or
22        (17) the murdered individual was a person with a
23    disability and the defendant knew or should have known that
24    the murdered individual was a person with a disability. For
25    purposes of this paragraph (17), "person with a disability"
26    means a person who suffers from a permanent physical or

 

 

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1    mental impairment resulting from disease, an injury, a
2    functional disorder, or a congenital condition that
3    renders the person incapable of adequately providing for
4    his or her own health or personal care; or
5        (18) the murder was committed by reason of any person's
6    activity as a community policing volunteer or to prevent
7    any person from engaging in activity as a community
8    policing volunteer; or
9        (19) the murdered individual was subject to an order of
10    protection and the murder was committed by a person against
11    whom the same order of protection was issued under the
12    Illinois Domestic Violence Act of 1986; or
13        (20) the murdered individual was known by the defendant
14    to be a teacher or other person employed in any school and
15    the teacher or other employee is upon the grounds of a
16    school or grounds adjacent to a school, or is in any part
17    of a building used for school purposes; or
18        (21) the murder was committed by the defendant in
19    connection with or as a result of the offense of terrorism
20    as defined in Section 29D-14.9 of this Code; or .
21        (22) the murdered individual was a member of a
22    congregation engaged in prayer or other religious
23    activities at a church, synagogue, mosque, or other
24    building, structure, or place used for religious worship.
25    (b-5) Aggravating Factor; Natural Life Imprisonment. A
26defendant who has been found guilty of first degree murder and

 

 

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1who at the time of the commission of the offense had attained
2the age of 18 years or more may be sentenced to natural life
3imprisonment if (i) the murdered individual was a physician,
4physician assistant, psychologist, nurse, or advanced practice
5registered nurse, (ii) the defendant knew or should have known
6that the murdered individual was a physician, physician
7assistant, psychologist, nurse, or advanced practice
8registered nurse, and (iii) the murdered individual was killed
9in the course of acting in his or her capacity as a physician,
10physician assistant, psychologist, nurse, or advanced practice
11registered nurse, or to prevent him or her from acting in that
12capacity, or in retaliation for his or her acting in that
13capacity.
14     (c) Consideration of factors in Aggravation and
15Mitigation.
16    The court shall consider, or shall instruct the jury to
17consider any aggravating and any mitigating factors which are
18relevant to the imposition of the death penalty. Aggravating
19factors may include but need not be limited to those factors
20set forth in subsection (b). Mitigating factors may include but
21need not be limited to the following:
22        (1) the defendant has no significant history of prior
23    criminal activity;
24        (2) the murder was committed while the defendant was
25    under the influence of extreme mental or emotional
26    disturbance, although not such as to constitute a defense

 

 

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1    to prosecution;
2        (3) the murdered individual was a participant in the
3    defendant's homicidal conduct or consented to the
4    homicidal act;
5        (4) the defendant acted under the compulsion of threat
6    or menace of the imminent infliction of death or great
7    bodily harm;
8        (5) the defendant was not personally present during
9    commission of the act or acts causing death;
10        (6) the defendant's background includes a history of
11    extreme emotional or physical abuse;
12        (7) the defendant suffers from a reduced mental
13    capacity.
14    Provided, however, that an action that does not otherwise
15mitigate first degree murder cannot qualify as a mitigating
16factor for first degree murder because of the discovery,
17knowledge, or disclosure of the victim's sexual orientation as
18defined in Section 1-103 of the Illinois Human Rights Act.
19    (d) Separate sentencing hearing.
20    Where requested by the State, the court shall conduct a
21separate sentencing proceeding to determine the existence of
22factors set forth in subsection (b) and to consider any
23aggravating or mitigating factors as indicated in subsection
24(c). The proceeding shall be conducted:
25        (1) before the jury that determined the defendant's
26    guilt; or

 

 

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1        (2) before a jury impanelled for the purpose of the
2    proceeding if:
3            A. the defendant was convicted upon a plea of
4        guilty; or
5            B. the defendant was convicted after a trial before
6        the court sitting without a jury; or
7            C. the court for good cause shown discharges the
8        jury that determined the defendant's guilt; or
9        (3) before the court alone if the defendant waives a
10    jury for the separate proceeding.
11    (e) Evidence and Argument.
12    During the proceeding any information relevant to any of
13the factors set forth in subsection (b) may be presented by
14either the State or the defendant under the rules governing the
15admission of evidence at criminal trials. Any information
16relevant to any additional aggravating factors or any
17mitigating factors indicated in subsection (c) may be presented
18by the State or defendant regardless of its admissibility under
19the rules governing the admission of evidence at criminal
20trials. The State and the defendant shall be given fair
21opportunity to rebut any information received at the hearing.
22    (f) Proof.
23    The burden of proof of establishing the existence of any of
24the factors set forth in subsection (b) is on the State and
25shall not be satisfied unless established beyond a reasonable
26doubt.

 

 

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1    (g) Procedure - Jury.
2    If at the separate sentencing proceeding the jury finds
3that none of the factors set forth in subsection (b) exists,
4the court shall sentence the defendant to a term of
5imprisonment under Chapter V of the Unified Code of
6Corrections. If there is a unanimous finding by the jury that
7one or more of the factors set forth in subsection (b) exist,
8the jury shall consider aggravating and mitigating factors as
9instructed by the court and shall determine whether the
10sentence of death shall be imposed. If the jury determines
11unanimously, after weighing the factors in aggravation and
12mitigation, that death is the appropriate sentence, the court
13shall sentence the defendant to death. If the court does not
14concur with the jury determination that death is the
15appropriate sentence, the court shall set forth reasons in
16writing including what facts or circumstances the court relied
17upon, along with any relevant documents, that compelled the
18court to non-concur with the sentence. This document and any
19attachments shall be part of the record for appellate review.
20The court shall be bound by the jury's sentencing
21determination.
22    If after weighing the factors in aggravation and
23mitigation, one or more jurors determines that death is not the
24appropriate sentence, the court shall sentence the defendant to
25a term of imprisonment under Chapter V of the Unified Code of
26Corrections.

 

 

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1    (h) Procedure - No Jury.
2    In a proceeding before the court alone, if the court finds
3that none of the factors found in subsection (b) exists, the
4court shall sentence the defendant to a term of imprisonment
5under Chapter V of the Unified Code of Corrections.
6    If the Court determines that one or more of the factors set
7forth in subsection (b) exists, the Court shall consider any
8aggravating and mitigating factors as indicated in subsection
9(c). If the Court determines, after weighing the factors in
10aggravation and mitigation, that death is the appropriate
11sentence, the Court shall sentence the defendant to death.
12    If the court finds that death is not the appropriate
13sentence, the court shall sentence the defendant to a term of
14imprisonment under Chapter V of the Unified Code of
15Corrections.
16    (h-5) Decertification as a capital case.
17    In a case in which the defendant has been found guilty of
18first degree murder by a judge or jury, or a case on remand for
19resentencing, and the State seeks the death penalty as an
20appropriate sentence, on the court's own motion or the written
21motion of the defendant, the court may decertify the case as a
22death penalty case if the court finds that the only evidence
23supporting the defendant's conviction is the uncorroborated
24testimony of an informant witness, as defined in Section 115-21
25of the Code of Criminal Procedure of 1963, concerning the
26confession or admission of the defendant or that the sole

 

 

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1evidence against the defendant is a single eyewitness or single
2accomplice without any other corroborating evidence. If the
3court decertifies the case as a capital case under either of
4the grounds set forth above, the court shall issue a written
5finding. The State may pursue its right to appeal the
6decertification pursuant to Supreme Court Rule 604(a)(1). If
7the court does not decertify the case as a capital case, the
8matter shall proceed to the eligibility phase of the sentencing
9hearing.
10    (i) Appellate Procedure.
11    The conviction and sentence of death shall be subject to
12automatic review by the Supreme Court. Such review shall be in
13accordance with rules promulgated by the Supreme Court. The
14Illinois Supreme Court may overturn the death sentence, and
15order the imposition of imprisonment under Chapter V of the
16Unified Code of Corrections if the court finds that the death
17sentence is fundamentally unjust as applied to the particular
18case. If the Illinois Supreme Court finds that the death
19sentence is fundamentally unjust as applied to the particular
20case, independent of any procedural grounds for relief, the
21Illinois Supreme Court shall issue a written opinion explaining
22this finding.
23    (j) Disposition of reversed death sentence.
24    In the event that the death penalty in this Act is held to
25be unconstitutional by the Supreme Court of the United States
26or of the State of Illinois, any person convicted of first

 

 

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1degree murder shall be sentenced by the court to a term of
2imprisonment under Chapter V of the Unified Code of
3Corrections.
4    In the event that any death sentence pursuant to the
5sentencing provisions of this Section is declared
6unconstitutional by the Supreme Court of the United States or
7of the State of Illinois, the court having jurisdiction over a
8person previously sentenced to death shall cause the defendant
9to be brought before the court, and the court shall sentence
10the defendant to a term of imprisonment under Chapter V of the
11Unified Code of Corrections.
12    (k) Guidelines for seeking the death penalty.
13    The Attorney General and State's Attorneys Association
14shall consult on voluntary guidelines for procedures governing
15whether or not to seek the death penalty. The guidelines do not
16have the force of law and are only advisory in nature.
17(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
18100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
19    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
20    Sec. 12-2. Aggravated assault.
21    (a) Offense based on location of conduct. A person commits
22aggravated assault when he or she commits an assault against an
23individual who is on or about a public way, public property, a
24public place of accommodation or amusement, or a sports venue,
25or in a church, synagogue, mosque, or other building,

 

 

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1structure, or place used for religious worship.
2    (b) Offense based on status of victim. A person commits
3aggravated assault when, in committing an assault, he or she
4knows the individual assaulted to be any of the following:
5        (1) A person with a physical disability or a person 60
6    years of age or older and the assault is without legal
7    justification.
8        (2) A teacher or school employee upon school grounds or
9    grounds adjacent to a school or in any part of a building
10    used for school purposes.
11        (3) A park district employee upon park grounds or
12    grounds adjacent to a park or in any part of a building
13    used for park purposes.
14        (4) A community policing volunteer, private security
15    officer, or utility worker:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or her
18        official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (4.1) A peace officer, fireman, emergency management
22    worker, or emergency medical services personnel:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or her
25        official duties; or
26            (iii) assaulted in retaliation for performing his

 

 

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1        or her official duties.
2        (5) A correctional officer or probation officer:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (6) A correctional institution employee, a county
9    juvenile detention center employee who provides direct and
10    continuous supervision of residents of a juvenile
11    detention center, including a county juvenile detention
12    center employee who supervises recreational activity for
13    residents of a juvenile detention center, or a Department
14    of Human Services employee, Department of Human Services
15    officer, or employee of a subcontractor of the Department
16    of Human Services supervising or controlling sexually
17    dangerous persons or sexually violent persons:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or her
20        official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (7) An employee of the State of Illinois, a municipal
24    corporation therein, or a political subdivision thereof,
25    performing his or her official duties.
26        (8) A transit employee performing his or her official

 

 

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1    duties, or a transit passenger.
2        (9) A sports official or coach actively participating
3    in any level of athletic competition within a sports venue,
4    on an indoor playing field or outdoor playing field, or
5    within the immediate vicinity of such a facility or field.
6        (10) A person authorized to serve process under Section
7    2-202 of the Code of Civil Procedure or a special process
8    server appointed by the circuit court, while that
9    individual is in the performance of his or her duties as a
10    process server.
11    (c) Offense based on use of firearm, device, or motor
12vehicle. A person commits aggravated assault when, in
13committing an assault, he or she does any of the following:
14        (1) Uses a deadly weapon, an air rifle as defined in
15    Section 24.8-0.1 of this Act, or any device manufactured
16    and designed to be substantially similar in appearance to a
17    firearm, other than by discharging a firearm.
18        (2) Discharges a firearm, other than from a motor
19    vehicle.
20        (3) Discharges a firearm from a motor vehicle.
21        (4) Wears a hood, robe, or mask to conceal his or her
22    identity.
23        (5) Knowingly and without lawful justification shines
24    or flashes a laser gun sight or other laser device attached
25    to a firearm, or used in concert with a firearm, so that
26    the laser beam strikes near or in the immediate vicinity of

 

 

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1    any person.
2        (6) Uses a firearm, other than by discharging the
3    firearm, against a peace officer, community policing
4    volunteer, fireman, private security officer, emergency
5    management worker, emergency medical services personnel,
6    employee of a police department, employee of a sheriff's
7    department, or traffic control municipal employee:
8            (i) performing his or her official duties;
9            (ii) assaulted to prevent performance of his or her
10        official duties; or
11            (iii) assaulted in retaliation for performing his
12        or her official duties.
13        (7) Without justification operates a motor vehicle in a
14    manner which places a person, other than a person listed in
15    subdivision (b)(4), in reasonable apprehension of being
16    struck by the moving motor vehicle.
17        (8) Without justification operates a motor vehicle in a
18    manner which places a person listed in subdivision (b)(4),
19    in reasonable apprehension of being struck by the moving
20    motor vehicle.
21        (9) Knowingly video or audio records the offense with
22    the intent to disseminate the recording.
23    (d) Sentence. Aggravated assault as defined in subdivision
24(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
25(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
26aggravated assault as defined in subdivision (b)(4) and (b)(7)

 

 

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1is a Class 4 felony if a Category I, Category II, or Category
2III weapon is used in the commission of the assault. Aggravated
3assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
4(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
5Aggravated assault as defined in subdivision (c)(3) or (c)(8)
6is a Class 3 felony.
7    (e) For the purposes of this Section, "Category I weapon",
8"Category II weapon, and "Category III weapon" have the
9meanings ascribed to those terms in Section 33A-1 of this Code.
10(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
11eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
1299-816, eff. 8-15-16.)
 
13    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
14    Sec. 12-3.05. Aggravated battery.
15    (a) Offense based on injury. A person commits aggravated
16battery when, in committing a battery, other than by the
17discharge of a firearm, he or she knowingly does any of the
18following:
19        (1) Causes great bodily harm or permanent disability or
20    disfigurement.
21        (2) Causes severe and permanent disability, great
22    bodily harm, or disfigurement by means of a caustic or
23    flammable substance, a poisonous gas, a deadly biological
24    or chemical contaminant or agent, a radioactive substance,
25    or a bomb or explosive compound.

 

 

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1        (3) Causes great bodily harm or permanent disability or
2    disfigurement to an individual whom the person knows to be
3    a peace officer, community policing volunteer, fireman,
4    private security officer, correctional institution
5    employee, or Department of Human Services employee
6    supervising or controlling sexually dangerous persons or
7    sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (4) Causes great bodily harm or permanent disability or
14    disfigurement to an individual 60 years of age or older.
15        (5) Strangles another individual.
16    (b) Offense based on injury to a child or person with an
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
21        (1) causes great bodily harm or permanent disability or
22    disfigurement to any child under the age of 13 years, or to
23    any person with a severe or profound intellectual
24    disability; or
25        (2) causes bodily harm or disability or disfigurement
26    to any child under the age of 13 years or to any person

 

 

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1    with a severe or profound intellectual disability.
2    (c) Offense based on location of conduct. A person commits
3aggravated battery when, in committing a battery, other than by
4the discharge of a firearm, he or she is or the person battered
5is on or about a public way, public property, a public place of
6accommodation or amusement, a sports venue, or a domestic
7violence shelter, or in a church, synagogue, mosque, or other
8building, structure, or place used for religious worship.
9    (d) Offense based on status of victim. A person commits
10aggravated battery when, in committing a battery, other than by
11discharge of a firearm, he or she knows the individual battered
12to be any of the following:
13        (1) A person 60 years of age or older.
14        (2) A person who is pregnant or has a physical
15    disability.
16        (3) A teacher or school employee upon school grounds or
17    grounds adjacent to a school or in any part of a building
18    used for school purposes.
19        (4) A peace officer, community policing volunteer,
20    fireman, private security officer, correctional
21    institution employee, or Department of Human Services
22    employee supervising or controlling sexually dangerous
23    persons or sexually violent persons:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

10100HB0038sam001- 23 -LRB101 00237 RLC 60944 a

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (5) A judge, emergency management worker, emergency
4    medical services personnel, or utility worker:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (6) An officer or employee of the State of Illinois, a
11    unit of local government, or a school district, while
12    performing his or her official duties.
13        (7) A transit employee performing his or her official
14    duties, or a transit passenger.
15        (8) A taxi driver on duty.
16        (9) A merchant who detains the person for an alleged
17    commission of retail theft under Section 16-26 of this Code
18    and the person without legal justification by any means
19    causes bodily harm to the merchant.
20        (10) A person authorized to serve process under Section
21    2-202 of the Code of Civil Procedure or a special process
22    server appointed by the circuit court while that individual
23    is in the performance of his or her duties as a process
24    server.
25        (11) A nurse while in the performance of his or her
26    duties as a nurse.

 

 

10100HB0038sam001- 24 -LRB101 00237 RLC 60944 a

1    (e) Offense based on use of a firearm. A person commits
2aggravated battery when, in committing a battery, he or she
3knowingly does any of the following:
4        (1) Discharges a firearm, other than a machine gun or a
5    firearm equipped with a silencer, and causes any injury to
6    another person.
7        (2) Discharges a firearm, other than a machine gun or a
8    firearm equipped with a silencer, and causes any injury to
9    a person he or she knows to be a peace officer, community
10    policing volunteer, person summoned by a police officer,
11    fireman, private security officer, correctional
12    institution employee, or emergency management worker:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (3) Discharges a firearm, other than a machine gun or a
19    firearm equipped with a silencer, and causes any injury to
20    a person he or she knows to be emergency medical services
21    personnel:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

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1        (4) Discharges a firearm and causes any injury to a
2    person he or she knows to be a teacher, a student in a
3    school, or a school employee, and the teacher, student, or
4    employee is upon school grounds or grounds adjacent to a
5    school or in any part of a building used for school
6    purposes.
7        (5) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to another person.
9        (6) Discharges a machine gun or a firearm equipped with
10    a silencer, and causes any injury to a person he or she
11    knows to be a peace officer, community policing volunteer,
12    person summoned by a police officer, fireman, private
13    security officer, correctional institution employee or
14    emergency management worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (7) Discharges a machine gun or a firearm equipped with
21    a silencer, and causes any injury to a person he or she
22    knows to be emergency medical services personnel:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

10100HB0038sam001- 26 -LRB101 00237 RLC 60944 a

1        or her official duties.
2        (8) Discharges a machine gun or a firearm equipped with
3    a silencer, and causes any injury to a person he or she
4    knows to be a teacher, or a student in a school, or a
5    school employee, and the teacher, student, or employee is
6    upon school grounds or grounds adjacent to a school or in
7    any part of a building used for school purposes.
8    (f) Offense based on use of a weapon or device. A person
9commits aggravated battery when, in committing a battery, he or
10she does any of the following:
11        (1) Uses a deadly weapon other than by discharge of a
12    firearm, or uses an air rifle as defined in Section
13    24.8-0.1 of this Code.
14        (2) Wears a hood, robe, or mask to conceal his or her
15    identity.
16        (3) Knowingly and without lawful justification shines
17    or flashes a laser gunsight or other laser device attached
18    to a firearm, or used in concert with a firearm, so that
19    the laser beam strikes upon or against the person of
20    another.
21        (4) Knowingly video or audio records the offense with
22    the intent to disseminate the recording.
23    (g) Offense based on certain conduct. A person commits
24aggravated battery when, other than by discharge of a firearm,
25he or she does any of the following:
26        (1) Violates Section 401 of the Illinois Controlled

 

 

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1    Substances Act by unlawfully delivering a controlled
2    substance to another and any user experiences great bodily
3    harm or permanent disability as a result of the injection,
4    inhalation, or ingestion of any amount of the controlled
5    substance.
6        (2) Knowingly administers to an individual or causes
7    him or her to take, without his or her consent or by threat
8    or deception, and for other than medical purposes, any
9    intoxicating, poisonous, stupefying, narcotic, anesthetic,
10    or controlled substance, or gives to another person any
11    food containing any substance or object intended to cause
12    physical injury if eaten.
13        (3) Knowingly causes or attempts to cause a
14    correctional institution employee or Department of Human
15    Services employee to come into contact with blood, seminal
16    fluid, urine, or feces by throwing, tossing, or expelling
17    the fluid or material, and the person is an inmate of a
18    penal institution or is a sexually dangerous person or
19    sexually violent person in the custody of the Department of
20    Human Services.
21    (h) Sentence. Unless otherwise provided, aggravated
22battery is a Class 3 felony.
23    Aggravated battery as defined in subdivision (a)(4),
24(d)(4), or (g)(3) is a Class 2 felony.
25    Aggravated battery as defined in subdivision (a)(3) or
26(g)(1) is a Class 1 felony.

 

 

10100HB0038sam001- 28 -LRB101 00237 RLC 60944 a

1    Aggravated battery as defined in subdivision (a)(1) is a
2Class 1 felony when the aggravated battery was intentional and
3involved the infliction of torture, as defined in paragraph
4(14) of subsection (b) of Section 9-1 of this Code, as the
5infliction of or subjection to extreme physical pain, motivated
6by an intent to increase or prolong the pain, suffering, or
7agony of the victim.
8    Aggravated battery as defined in subdivision (a)(1) is a
9Class 2 felony when the person causes great bodily harm or
10permanent disability to an individual whom the person knows to
11be a member of a congregation engaged in prayer or other
12religious activities at a church, synagogue, mosque, or other
13building, structure, or place used for religious worship.
14    Aggravated battery under subdivision (a)(5) is a Class 1
15felony if:
16        (A) the person used or attempted to use a dangerous
17    instrument while committing the offense; or
18        (B) the person caused great bodily harm or permanent
19    disability or disfigurement to the other person while
20    committing the offense; or
21        (C) the person has been previously convicted of a
22    violation of subdivision (a)(5) under the laws of this
23    State or laws similar to subdivision (a)(5) of any other
24    state.
25    Aggravated battery as defined in subdivision (e)(1) is a
26Class X felony.

 

 

10100HB0038sam001- 29 -LRB101 00237 RLC 60944 a

1    Aggravated battery as defined in subdivision (a)(2) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 6 years and a maximum of 45
4years.
5    Aggravated battery as defined in subdivision (e)(5) is a
6Class X felony for which a person shall be sentenced to a term
7of imprisonment of a minimum of 12 years and a maximum of 45
8years.
9    Aggravated battery as defined in subdivision (e)(2),
10(e)(3), or (e)(4) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 15 years
12and a maximum of 60 years.
13    Aggravated battery as defined in subdivision (e)(6),
14(e)(7), or (e)(8) is a Class X felony for which a person shall
15be sentenced to a term of imprisonment of a minimum of 20 years
16and a maximum of 60 years.
17    Aggravated battery as defined in subdivision (b)(1) is a
18Class X felony, except that:
19        (1) if the person committed the offense while armed
20    with a firearm, 15 years shall be added to the term of
21    imprisonment imposed by the court;
22        (2) if, during the commission of the offense, the
23    person personally discharged a firearm, 20 years shall be
24    added to the term of imprisonment imposed by the court;
25        (3) if, during the commission of the offense, the
26    person personally discharged a firearm that proximately

 

 

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1    caused great bodily harm, permanent disability, permanent
2    disfigurement, or death to another person, 25 years or up
3    to a term of natural life shall be added to the term of
4    imprisonment imposed by the court.
5    (i) Definitions. In For the purposes of this Section:
6    "Building or other structure used to provide shelter" has
7the meaning ascribed to "shelter" in Section 1 of the Domestic
8Violence Shelters Act.
9    "Domestic violence" has the meaning ascribed to it in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    "Domestic violence shelter" means any building or other
12structure used to provide shelter or other services to victims
13or to the dependent children of victims of domestic violence
14pursuant to the Illinois Domestic Violence Act of 1986 or the
15Domestic Violence Shelters Act, or any place within 500 feet of
16such a building or other structure in the case of a person who
17is going to or from such a building or other structure.
18    "Firearm" has the meaning provided under Section 1.1 of the
19Firearm Owners Identification Card Act, and does not include an
20air rifle as defined by Section 24.8-0.1 of this Code.
21    "Machine gun" has the meaning ascribed to it in Section
2224-1 of this Code.
23    "Merchant" has the meaning ascribed to it in Section 16-0.1
24of this Code.
25    "Strangle" means intentionally impeding the normal
26breathing or circulation of the blood of an individual by

 

 

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1applying pressure on the throat or neck of that individual or
2by blocking the nose or mouth of that individual.
3(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
4eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
5    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
6    Sec. 24-1. Unlawful use of weapons.
7    (a) A person commits the offense of unlawful use of weapons
8when he knowingly:
9        (1) Sells, manufactures, purchases, possesses or
10    carries any bludgeon, black-jack, slung-shot, sand-club,
11    sand-bag, metal knuckles or other knuckle weapon
12    regardless of its composition, throwing star, or any knife,
13    commonly referred to as a switchblade knife, which has a
14    blade that opens automatically by hand pressure applied to
15    a button, spring or other device in the handle of the
16    knife, or a ballistic knife, which is a device that propels
17    a knifelike blade as a projectile by means of a coil
18    spring, elastic material or compressed gas; or
19        (2) Carries or possesses with intent to use the same
20    unlawfully against another, a dagger, dirk, billy,
21    dangerous knife, razor, stiletto, broken bottle or other
22    piece of glass, stun gun or taser or any other dangerous or
23    deadly weapon or instrument of like character; or
24        (2.5) Carries or possesses with intent to use the same
25    unlawfully against another, any firearm in a church,

 

 

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1    synagogue, mosque, or other building, structure, or place
2    used for religious worship; or
3        (3) Carries on or about his person or in any vehicle, a
4    tear gas gun projector or bomb or any object containing
5    noxious liquid gas or substance, other than an object
6    containing a non-lethal noxious liquid gas or substance
7    designed solely for personal defense carried by a person 18
8    years of age or older; or
9        (4) Carries or possesses in any vehicle or concealed on
10    or about his person except when on his land or in his own
11    abode, legal dwelling, or fixed place of business, or on
12    the land or in the legal dwelling of another person as an
13    invitee with that person's permission, any pistol,
14    revolver, stun gun or taser or other firearm, except that
15    this subsection (a) (4) does not apply to or affect
16    transportation of weapons that meet one of the following
17    conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24            (iv) are carried or possessed in accordance with
25        the Firearm Concealed Carry Act by a person who has
26        been issued a currently valid license under the Firearm

 

 

10100HB0038sam001- 33 -LRB101 00237 RLC 60944 a

1        Concealed Carry Act; or
2        (5) Sets a spring gun; or
3        (6) Possesses any device or attachment of any kind
4    designed, used or intended for use in silencing the report
5    of any firearm; or
6        (7) Sells, manufactures, purchases, possesses or
7    carries:
8            (i) a machine gun, which shall be defined for the
9        purposes of this subsection as any weapon, which
10        shoots, is designed to shoot, or can be readily
11        restored to shoot, automatically more than one shot
12        without manually reloading by a single function of the
13        trigger, including the frame or receiver of any such
14        weapon, or sells, manufactures, purchases, possesses,
15        or carries any combination of parts designed or
16        intended for use in converting any weapon into a
17        machine gun, or any combination or parts from which a
18        machine gun can be assembled if such parts are in the
19        possession or under the control of a person;
20            (ii) any rifle having one or more barrels less than
21        16 inches in length or a shotgun having one or more
22        barrels less than 18 inches in length or any weapon
23        made from a rifle or shotgun, whether by alteration,
24        modification, or otherwise, if such a weapon as
25        modified has an overall length of less than 26 inches;
26        or

 

 

10100HB0038sam001- 34 -LRB101 00237 RLC 60944 a

1            (iii) any bomb, bomb-shell, grenade, bottle or
2        other container containing an explosive substance of
3        over one-quarter ounce for like purposes, such as, but
4        not limited to, black powder bombs and Molotov
5        cocktails or artillery projectiles; or
6        (8) Carries or possesses any firearm, stun gun or taser
7    or other deadly weapon in any place which is licensed to
8    sell intoxicating beverages, or at any public gathering
9    held pursuant to a license issued by any governmental body
10    or any public gathering at which an admission is charged,
11    excluding a place where a showing, demonstration or lecture
12    involving the exhibition of unloaded firearms is
13    conducted.
14        This subsection (a)(8) does not apply to any auction or
15    raffle of a firearm held pursuant to a license or permit
16    issued by a governmental body, nor does it apply to persons
17    engaged in firearm safety training courses; or
18        (9) Carries or possesses in a vehicle or on or about
19    his or her person any pistol, revolver, stun gun or taser
20    or firearm or ballistic knife, when he or she is hooded,
21    robed or masked in such manner as to conceal his or her
22    identity; or
23        (10) Carries or possesses on or about his or her
24    person, upon any public street, alley, or other public
25    lands within the corporate limits of a city, village, or
26    incorporated town, except when an invitee thereon or

 

 

10100HB0038sam001- 35 -LRB101 00237 RLC 60944 a

1    therein, for the purpose of the display of such weapon or
2    the lawful commerce in weapons, or except when on his land
3    or in his or her own abode, legal dwelling, or fixed place
4    of business, or on the land or in the legal dwelling of
5    another person as an invitee with that person's permission,
6    any pistol, revolver, stun gun, or taser or other firearm,
7    except that this subsection (a) (10) does not apply to or
8    affect transportation of weapons that meet one of the
9    following conditions:
10            (i) are broken down in a non-functioning state; or
11            (ii) are not immediately accessible; or
12            (iii) are unloaded and enclosed in a case, firearm
13        carrying box, shipping box, or other container by a
14        person who has been issued a currently valid Firearm
15        Owner's Identification Card; or
16            (iv) are carried or possessed in accordance with
17        the Firearm Concealed Carry Act by a person who has
18        been issued a currently valid license under the Firearm
19        Concealed Carry Act.
20        A "stun gun or taser", as used in this paragraph (a)
21    means (i) any device which is powered by electrical
22    charging units, such as, batteries, and which fires one or
23    several barbs attached to a length of wire and which, upon
24    hitting a human, can send out a current capable of
25    disrupting the person's nervous system in such a manner as
26    to render him incapable of normal functioning or (ii) any

 

 

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1    device which is powered by electrical charging units, such
2    as batteries, and which, upon contact with a human or
3    clothing worn by a human, can send out current capable of
4    disrupting the person's nervous system in such a manner as
5    to render him incapable of normal functioning; or
6        (11) Sells, manufactures, or purchases any explosive
7    bullet. For purposes of this paragraph (a) "explosive
8    bullet" means the projectile portion of an ammunition
9    cartridge which contains or carries an explosive charge
10    which will explode upon contact with the flesh of a human
11    or an animal. "Cartridge" means a tubular metal case having
12    a projectile affixed at the front thereof and a cap or
13    primer at the rear end thereof, with the propellant
14    contained in such tube between the projectile and the cap;
15    or
16        (12) (Blank); or
17        (13) Carries or possesses on or about his or her person
18    while in a building occupied by a unit of government, a
19    billy club, other weapon of like character, or other
20    instrument of like character intended for use as a weapon.
21    For the purposes of this Section, "billy club" means a
22    short stick or club commonly carried by police officers
23    which is either telescopic or constructed of a solid piece
24    of wood or other man-made material.
25    (b) Sentence. A person convicted of a violation of
26subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

 

 

10100HB0038sam001- 37 -LRB101 00237 RLC 60944 a

1subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
2Class A misdemeanor. A person convicted of a violation of
3subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
4person convicted of a violation of subsection 24-1(a)(6) or
524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
6convicted of a violation of subsection 24-1(a)(7)(i) commits a
7Class 2 felony and shall be sentenced to a term of imprisonment
8of not less than 3 years and not more than 7 years, unless the
9weapon is possessed in the passenger compartment of a motor
10vehicle as defined in Section 1-146 of the Illinois Vehicle
11Code, or on the person, while the weapon is loaded, in which
12case it shall be a Class X felony. A person convicted of a
13second or subsequent violation of subsection 24-1(a)(4),
1424-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
15felony. A person convicted of a violation of subsection
1624-1(a)(2.5) commits a Class 2 felony. The possession of each
17weapon in violation of this Section constitutes a single and
18separate violation.
19    (c) Violations in specific places.
20        (1) A person who violates subsection 24-1(a)(6) or
21    24-1(a)(7) in any school, regardless of the time of day or
22    the time of year, in residential property owned, operated
23    or managed by a public housing agency or leased by a public
24    housing agency as part of a scattered site or mixed-income
25    development, in a public park, in a courthouse, on the real
26    property comprising any school, regardless of the time of

 

 

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1    day or the time of year, on residential property owned,
2    operated or managed by a public housing agency or leased by
3    a public housing agency as part of a scattered site or
4    mixed-income development, on the real property comprising
5    any public park, on the real property comprising any
6    courthouse, in any conveyance owned, leased or contracted
7    by a school to transport students to or from school or a
8    school related activity, in any conveyance owned, leased,
9    or contracted by a public transportation agency, or on any
10    public way within 1,000 feet of the real property
11    comprising any school, public park, courthouse, public
12    transportation facility, or residential property owned,
13    operated, or managed by a public housing agency or leased
14    by a public housing agency as part of a scattered site or
15    mixed-income development commits a Class 2 felony and shall
16    be sentenced to a term of imprisonment of not less than 3
17    years and not more than 7 years.
18        (1.5) A person who violates subsection 24-1(a)(4),
19    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
20    time of day or the time of year, in residential property
21    owned, operated, or managed by a public housing agency or
22    leased by a public housing agency as part of a scattered
23    site or mixed-income development, in a public park, in a
24    courthouse, on the real property comprising any school,
25    regardless of the time of day or the time of year, on
26    residential property owned, operated, or managed by a

 

 

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1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development, on
3    the real property comprising any public park, on the real
4    property comprising any courthouse, in any conveyance
5    owned, leased, or contracted by a school to transport
6    students to or from school or a school related activity, in
7    any conveyance owned, leased, or contracted by a public
8    transportation agency, or on any public way within 1,000
9    feet of the real property comprising any school, public
10    park, courthouse, public transportation facility, or
11    residential property owned, operated, or managed by a
12    public housing agency or leased by a public housing agency
13    as part of a scattered site or mixed-income development
14    commits a Class 3 felony.
15        (2) A person who violates subsection 24-1(a)(1),
16    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
17    time of day or the time of year, in residential property
18    owned, operated or managed by a public housing agency or
19    leased by a public housing agency as part of a scattered
20    site or mixed-income development, in a public park, in a
21    courthouse, on the real property comprising any school,
22    regardless of the time of day or the time of year, on
23    residential property owned, operated or managed by a public
24    housing agency or leased by a public housing agency as part
25    of a scattered site or mixed-income development, on the
26    real property comprising any public park, on the real

 

 

10100HB0038sam001- 40 -LRB101 00237 RLC 60944 a

1    property comprising any courthouse, in any conveyance
2    owned, leased or contracted by a school to transport
3    students to or from school or a school related activity, in
4    any conveyance owned, leased, or contracted by a public
5    transportation agency, or on any public way within 1,000
6    feet of the real property comprising any school, public
7    park, courthouse, public transportation facility, or
8    residential property owned, operated, or managed by a
9    public housing agency or leased by a public housing agency
10    as part of a scattered site or mixed-income development
11    commits a Class 4 felony. "Courthouse" means any building
12    that is used by the Circuit, Appellate, or Supreme Court of
13    this State for the conduct of official business.
14        (3) Paragraphs (1), (1.5), and (2) of this subsection
15    (c) shall not apply to law enforcement officers or security
16    officers of such school, college, or university or to
17    students carrying or possessing firearms for use in
18    training courses, parades, hunting, target shooting on
19    school ranges, or otherwise with the consent of school
20    authorities and which firearms are transported unloaded
21    enclosed in a suitable case, box, or transportation
22    package.
23        (4) For the purposes of this subsection (c), "school"
24    means any public or private elementary or secondary school,
25    community college, college, or university.
26        (5) For the purposes of this subsection (c), "public

 

 

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1    transportation agency" means a public or private agency
2    that provides for the transportation or conveyance of
3    persons by means available to the general public, except
4    for transportation by automobiles not used for conveyance
5    of the general public as passengers; and "public
6    transportation facility" means a terminal or other place
7    where one may obtain public transportation.
8    (d) The presence in an automobile other than a public
9omnibus of any weapon, instrument or substance referred to in
10subsection (a)(7) is prima facie evidence that it is in the
11possession of, and is being carried by, all persons occupying
12such automobile at the time such weapon, instrument or
13substance is found, except under the following circumstances:
14(i) if such weapon, instrument or instrumentality is found upon
15the person of one of the occupants therein; or (ii) if such
16weapon, instrument or substance is found in an automobile
17operated for hire by a duly licensed driver in the due, lawful
18and proper pursuit of his or her trade, then such presumption
19shall not apply to the driver.
20    (e) Exemptions.
21        (1) Crossbows, Common or Compound bows and Underwater
22    Spearguns are exempted from the definition of ballistic
23    knife as defined in paragraph (1) of subsection (a) of this
24    Section.
25        (2) The provision of paragraph (1) of subsection (a) of
26    this Section prohibiting the sale, manufacture, purchase,

 

 

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1    possession, or carrying of any knife, commonly referred to
2    as a switchblade knife, which has a blade that opens
3    automatically by hand pressure applied to a button, spring
4    or other device in the handle of the knife, does not apply
5    to a person who possesses a currently valid Firearm Owner's
6    Identification Card previously issued in his or her name by
7    the Department of State Police or to a person or an entity
8    engaged in the business of selling or manufacturing
9    switchblade knives.
10(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)".