101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2653

 

Introduced , by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-3.1  from Ch. 38, par. 24-3.1

    Amends the Criminal Code of 2012. Increases penalties by one class for unlawful use of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.


LRB101 09596 SLF 54694 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2653LRB101 09596 SLF 54694 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1, 24-1.6, and 24-3.1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he or she knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    as batteries, and which, upon contact with a human or
2    clothing worn by a human, can send out current capable of
3    disrupting the person's nervous system in such a manner as
4    to render him incapable of normal functioning; or
5        (11) Sells, manufactures or purchases any explosive
6    bullet. For purposes of this paragraph (a) "explosive
7    bullet" means the projectile portion of an ammunition
8    cartridge which contains or carries an explosive charge
9    which will explode upon contact with the flesh of a human
10    or an animal. "Cartridge" means a tubular metal case having
11    a projectile affixed at the front thereof and a cap or
12    primer at the rear end thereof, with the propellant
13    contained in such tube between the projectile and the cap;
14    or
15        (12) (Blank); or
16        (13) Carries or possesses on or about his or her person
17    while in a building occupied by a unit of government, a
18    billy club, other weapon of like character, or other
19    instrument of like character intended for use as a weapon.
20    For the purposes of this Section, "billy club" means a
21    short stick or club commonly carried by police officers
22    which is either telescopic or constructed of a solid piece
23    of wood or other man-made material.
24    (b) Sentence. A person convicted of a violation of
25subsection 24-1(a)(1), subsection 24-1(a)(2), subsection
2624-1(a)(3), subsection 24-1(a)(5), through (5), subsection

 

 

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124-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13)
2commits a Class A misdemeanor. A person convicted of a
3violation of subsection 24-1(a)(4), 24-1(a)(10), 24-1(a)(8),
4or 24-1(a)(9) commits a Class 4 felony; a person convicted of a
5violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
6commits a Class 3 felony. A person convicted of a violation of
7subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be
8sentenced to a term of imprisonment of not less than 3 years
9and not more than 7 years, unless the weapon is possessed in
10the passenger compartment of a motor vehicle as defined in
11Section 1-146 of the Illinois Vehicle Code, or on the person,
12while the weapon is loaded, in which case it shall be a Class X
13felony. A person convicted of a second or subsequent violation
14of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
1524-1(a)(10) commits a Class 3 felony. The possession of each
16weapon in violation of this Section constitutes a single and
17separate violation.
18    (c) Violations in specific places.
19        (1) A person who violates subsection 24-1(a)(6) or
20    24-1(a)(7) in any school, regardless of the time of day or
21    the time of year, in residential property owned, operated
22    or managed by a public housing agency or leased by a public
23    housing agency as part of a scattered site or mixed-income
24    development, in a public park, in a courthouse, on the real
25    property comprising any school, regardless of the time of
26    day or the time of year, on residential property owned,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    as a switchblade knife, which has a blade that opens
2    automatically by hand pressure applied to a button, spring
3    or other device in the handle of the knife, does not apply
4    to a person who possesses a currently valid Firearm Owner's
5    Identification Card previously issued in his or her name by
6    the Department of State Police or to a person or an entity
7    engaged in the business of selling or manufacturing
8    switchblade knives.
9(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
10    (720 ILCS 5/24-1.6)
11    Sec. 24-1.6. Aggravated unlawful use of a weapon.
12    (a) A person commits the offense of aggravated unlawful use
13of a weapon when he or she knowingly:
14        (1) Carries on or about his or her person or in any
15    vehicle or concealed on or about his or her person except
16    when on his or her land or in his or her abode, legal
17    dwelling, or fixed place of business, or on the land or in
18    the legal dwelling of another person as an invitee with
19    that person's permission, any pistol, revolver, stun gun or
20    taser or other firearm; or
21        (2) Carries or possesses on or about his or her person,
22    upon any public street, alley, or other public lands within
23    the corporate limits of a city, village or incorporated
24    town, except when an invitee thereon or therein, for the
25    purpose of the display of such weapon or the lawful

 

 

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

 

 

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1            (C) the person possessing the firearm has not been
2        issued a currently valid Firearm Owner's
3        Identification Card; or
4            (D) the person possessing the weapon was
5        previously adjudicated a delinquent minor under the
6        Juvenile Court Act of 1987 for an act that if committed
7        by an adult would be a felony; or
8            (E) the person possessing the weapon was engaged in
9        a misdemeanor violation of the Cannabis Control Act, in
10        a misdemeanor violation of the Illinois Controlled
11        Substances Act, or in a misdemeanor violation of the
12        Methamphetamine Control and Community Protection Act;
13        or
14            (F) (blank); or
15            (G) the person possessing the weapon had an order
16        of protection issued against him or her within the
17        previous 2 years; or
18            (H) the person possessing the weapon was engaged in
19        the commission or attempted commission of a
20        misdemeanor involving the use or threat of violence
21        against the person or property of another; or
22            (I) the person possessing the weapon was under 21
23        years of age and in possession of a handgun, unless the
24        person under 21 is engaged in lawful activities under
25        the Wildlife Code or described in subsection
26        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    (b) "Stun gun or taser" as used in this Section has the
4same definition given to it in Section 24-1 of this Code.
5    (c) This Section does not apply to or affect the
6transportation or possession of weapons that:
7        (i) are broken down in a non-functioning state; or
8        (ii) are not immediately accessible; or
9        (iii) are unloaded and enclosed in a case, firearm
10    carrying box, shipping box, or other container by a person
11    who has been issued a currently valid Firearm Owner's
12    Identification Card.
13    (d) Sentence.
14        (1) Aggravated unlawful use of a weapon is a Class 3 4
15    felony; a second or subsequent offense is a Class 2 felony
16    for which the person shall be sentenced to a term of
17    imprisonment of not less than 3 years and not more than 7
18    years, except as provided for in Section 5-4.5-110 of the
19    Unified Code of Corrections.
20        (2) Except as otherwise provided in paragraphs (3) and
21    (4) of this subsection (d), a first offense of aggravated
22    unlawful use of a weapon committed with a firearm by a
23    person 18 years of age or older where the factors listed in
24    both items (A) and (C) or both items (A-5) and (C) of
25    paragraph (3) of subsection (a) are present is a Class 3 4
26    felony, for which the person shall be sentenced to a term

 

 

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1    of imprisonment of not less than 2 one year and not more
2    than 5 3 years.
3        (3) Aggravated unlawful use of a weapon by a person who
4    has been previously convicted of a felony in this State or
5    another jurisdiction is a Class 2 felony for which the
6    person shall be sentenced to a term of imprisonment of not
7    less than 3 years and not more than 7 years, except as
8    provided for in Section 5-4.5-110 of the Unified Code of
9    Corrections.
10        (4) Aggravated unlawful use of a weapon while wearing
11    or in possession of body armor as defined in Section 33F-1
12    by a person who has not been issued a valid Firearms
13    Owner's Identification Card in accordance with Section 5 of
14    the Firearm Owners Identification Card Act is a Class X
15    felony.
16    (e) The possession of each firearm in violation of this
17Section constitutes a single and separate violation.
18(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
19    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
20    Sec. 24-3.1. Unlawful possession of firearms and firearm
21ammunition.
22    (a) A person commits the offense of unlawful possession of
23firearms or firearm ammunition when:
24        (1) He or she is under 18 years of age and has in his or
25    her possession any firearm of a size which may be concealed

 

 

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1    upon the person; or
2        (2) He or she is under 21 years of age, has been
3    convicted of a misdemeanor other than a traffic offense or
4    adjudged delinquent and has any firearms or firearm
5    ammunition in his or her possession; or
6        (3) He or she is a narcotic addict and has any firearms
7    or firearm ammunition in his or her possession; or
8        (4) He or she has been a patient in a mental
9    institution within the past 5 years and has any firearms or
10    firearm ammunition in his or her possession. For purposes
11    of this paragraph (4):
12            "Mental institution" means any hospital,
13        institution, clinic, evaluation facility, mental
14        health center, or part thereof, which is used primarily
15        for the care or treatment of persons with mental
16        illness.
17            "Patient in a mental institution" means the person
18        was admitted, either voluntarily or involuntarily, to
19        a mental institution for mental health treatment,
20        unless the treatment was voluntary and solely for an
21        alcohol abuse disorder and no other secondary
22        substance abuse disorder or mental illness; or
23        (5) He or she is a person with an intellectual
24    disability and has any firearms or firearm ammunition in
25    his or her possession; or
26        (6) He or she has in his or her possession any

 

 

HB2653- 18 -LRB101 09596 SLF 54694 b

1    explosive bullet.
2    For purposes of this paragraph "explosive bullet" means the
3projectile portion of an ammunition cartridge which contains or
4carries an explosive charge which will explode upon contact
5with the flesh of a human or an animal. "Cartridge" means a
6tubular metal case having a projectile affixed at the front
7thereof and a cap or primer at the rear end thereof, with the
8propellant contained in such tube between the projectile and
9the cap.
10    (b) Sentence.
11    Unlawful possession of firearms, other than handguns, and
12firearm ammunition is a Class A misdemeanor. Unlawful
13possession of firearms handguns is a Class 4 felony. The
14possession of each firearm or firearm ammunition in violation
15of this Section constitutes a single and separate violation.
16    (c) Nothing in paragraph (1) of subsection (a) of this
17Section prohibits a person under 18 years of age from
18participating in any lawful recreational activity with a
19firearm such as, but not limited to, practice shooting at
20targets upon established public or private target ranges or
21hunting, trapping, or fishing in accordance with the Wildlife
22Code or the Fish and Aquatic Life Code.
23(Source: P.A. 99-143, eff. 7-27-15.)