Rep. Brandon W. Phelps

Filed: 5/25/2016

 

 


 

 


 
09900SB0206ham001LRB099 03366 SLF 49069 a

1
AMENDMENT TO SENATE BILL 206

2    AMENDMENT NO. ______. Amend Senate Bill 206 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 2.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a

 

 

09900SB0206ham001- 2 -LRB099 03366 SLF 49069 a

1wild mammal protected by this Act from its den by means of any
2mechanical device, spade, or digging device or to use smoke or
3other gases to dislodge or remove such mammal except as
4provided in Section 2.37.
5    (d) It is unlawful to use a ferret or any other small
6mammal which is used in the same or similar manner for which
7ferrets are used for the purpose of frightening or driving any
8mammals from their dens or hiding places.
9    (e) (Blank).
10    (f) It is unlawful to use spears, gigs, hooks or any like
11device to take any species protected by this Act.
12    (g) It is unlawful to use poisons, chemicals or explosives
13for the purpose of taking any species protected by this Act.
14    (h) It is unlawful to hunt adjacent to or near any peat,
15grass, brush or other inflammable substance when it is burning.
16    (i) It is unlawful to take, pursue or intentionally harass
17or disturb in any manner any wild birds or mammals by use or
18aid of any vehicle or conveyance, except as permitted by the
19Code of Federal Regulations for the taking of waterfowl. It is
20also unlawful to use the lights of any vehicle or conveyance or
21any light from or any light connected to the vehicle or
22conveyance in any area where wildlife may be found except in
23accordance with Section 2.37 of this Act; however, nothing in
24this Section shall prohibit the normal use of headlamps for the
25purpose of driving upon a roadway. Striped skunk, opossum, red
26fox, gray fox, raccoon, bobcat, and coyote may be taken during

 

 

09900SB0206ham001- 3 -LRB099 03366 SLF 49069 a

1the open season by use of a small light which is worn on the
2body or hand-held by a person on foot and not in any vehicle.
3    (j) It is unlawful to use any shotgun larger than 10 gauge
4while taking or attempting to take any of the species protected
5by this Act.
6    (k) It is unlawful to use or possess in the field any
7shotgun shell loaded with a shot size larger than lead BB or
8steel T (.20 diameter) when taking or attempting to take any
9species of wild game mammals (excluding white-tailed deer),
10wild game birds, migratory waterfowl or migratory game birds
11protected by this Act, except white-tailed deer as provided for
12in Section 2.26 and other species as provided for by subsection
13(l) or administrative rule.
14    (l) It is unlawful to take any species of wild game, except
15white-tailed deer and fur-bearing mammals, with a shotgun
16loaded with slugs unless otherwise provided for by
17administrative rule.
18    (m) It is unlawful to use any shotgun capable of holding
19more than 3 shells in the magazine or chamber combined, except
20on game breeding and hunting preserve areas licensed under
21Section 3.27 and except as permitted by the Code of Federal
22Regulations for the taking of waterfowl. If the shotgun is
23capable of holding more than 3 shells, it shall, while being
24used on an area other than a game breeding and shooting
25preserve area licensed pursuant to Section 3.27, be fitted with
26a one piece plug that is irremovable without dismantling the

 

 

09900SB0206ham001- 4 -LRB099 03366 SLF 49069 a

1shotgun or otherwise altered to render it incapable of holding
2more than 3 shells in the magazine and chamber, combined.
3    (n) It is unlawful for any person, except persons who
4possess a permit to hunt from a vehicle as provided in this
5Section and persons otherwise permitted by law, to have or
6carry any gun in or on any vehicle, conveyance or aircraft,
7unless such gun is unloaded and enclosed in a case, except that
8at field trials authorized by Section 2.34 of this Act,
9unloaded guns or guns loaded with blank cartridges only, may be
10carried on horseback while not contained in a case, or to have
11or carry any bow or arrow device in or on any vehicle unless
12such bow or arrow device is unstrung or enclosed in a case, or
13otherwise made inoperable.
14    (o) It is unlawful to use any crossbow for the purpose of
15taking any wild birds or mammals, except as provided for in
16Section 2.5.
17    (p) It is unlawful to take game birds, migratory game birds
18or migratory waterfowl with a rifle, pistol, revolver or
19airgun.
20    (q) It is unlawful to fire a rifle, pistol, revolver or
21airgun on, over or into any waters of this State, including
22frozen waters.
23    (r) It is unlawful to discharge any gun or bow and arrow
24device along, upon, across, or from any public right-of-way or
25highway in this State.
26    (s) (Blank) It is unlawful to use a silencer or other

 

 

09900SB0206ham001- 5 -LRB099 03366 SLF 49069 a

1device to muffle or mute the sound of the explosion or report
2resulting from the firing of any gun.
3    (t) It is unlawful for any person to take or attempt to
4take any species of wildlife or parts thereof, intentionally or
5wantonly allow a dog to hunt, within or upon the land of
6another, or upon waters flowing over or standing on the land of
7another, or to knowingly shoot a gun or bow and arrow device at
8any wildlife physically on or flying over the property of
9another without first obtaining permission from the owner or
10the owner's designee. For the purposes of this Section, the
11owner's designee means anyone who the owner designates in a
12written authorization and the authorization must contain (i)
13the legal or common description of property for such authority
14is given, (ii) the extent that the owner's designee is
15authorized to make decisions regarding who is allowed to take
16or attempt to take any species of wildlife or parts thereof,
17and (iii) the owner's notarized signature. Before enforcing
18this Section the law enforcement officer must have received
19notice from the owner or the owner's designee of a violation of
20this Section. Statements made to the law enforcement officer
21regarding this notice shall not be rendered inadmissible by the
22hearsay rule when offered for the purpose of showing the
23required notice.
24    (u) It is unlawful for any person to discharge any firearm
25for the purpose of taking any of the species protected by this
26Act, or hunt with gun or dog, or intentionally or wantonly

 

 

09900SB0206ham001- 6 -LRB099 03366 SLF 49069 a

1allow a dog to hunt, within 300 yards of an inhabited dwelling
2without first obtaining permission from the owner or tenant,
3except that while trapping, hunting with bow and arrow, hunting
4with dog and shotgun using shot shells only, or hunting with
5shotgun using shot shells only, or providing outfitting
6services under a waterfowl outfitter permit, or on licensed
7game breeding and hunting preserve areas, as defined in Section
83.27, on federally owned and managed lands and on Department
9owned, managed, leased, or controlled lands, a 100 yard
10restriction shall apply.
11    (v) It is unlawful for any person to remove fur-bearing
12mammals from, or to move or disturb in any manner, the traps
13owned by another person without written authorization of the
14owner to do so.
15    (w) It is unlawful for any owner of a dog to knowingly or
16wantonly allow his or her dog to pursue, harass or kill deer,
17except that nothing in this Section shall prohibit the tracking
18of wounded deer with a dog in accordance with the provisions of
19Section 2.26 of this Code.
20    (x) It is unlawful for any person to wantonly or carelessly
21injure or destroy, in any manner whatsoever, any real or
22personal property on the land of another while engaged in
23hunting or trapping thereon.
24    (y) It is unlawful to hunt wild game protected by this Act
25between one half hour after sunset and one half hour before
26sunrise, except that hunting hours between one half hour after

 

 

09900SB0206ham001- 7 -LRB099 03366 SLF 49069 a

1sunset and one half hour before sunrise may be established by
2administrative rule for fur-bearing mammals.
3    (z) It is unlawful to take any game bird (excluding wild
4turkeys and crippled pheasants not capable of normal flight and
5otherwise irretrievable) protected by this Act when not flying.
6Nothing in this Section shall prohibit a person from carrying
7an uncased, unloaded shotgun in a boat, while in pursuit of a
8crippled migratory waterfowl that is incapable of normal
9flight, for the purpose of attempting to reduce the migratory
10waterfowl to possession, provided that the attempt is made
11immediately upon downing the migratory waterfowl and is done
12within 400 yards of the blind from which the migratory
13waterfowl was downed. This exception shall apply only to
14migratory game birds that are not capable of normal flight.
15Migratory waterfowl that are crippled may be taken only with a
16shotgun as regulated by subsection (j) of this Section using
17shotgun shells as regulated in subsection (k) of this Section.
18    (aa) It is unlawful to use or possess any device that may
19be used for tree climbing or cutting, while hunting fur-bearing
20mammals, excluding coyotes.
21    (bb) It is unlawful for any person, except licensed game
22breeders, pursuant to Section 2.29 to import, carry into, or
23possess alive in this State any species of wildlife taken
24outside of this State, without obtaining permission to do so
25from the Director.
26    (cc) It is unlawful for any person to have in his or her

 

 

09900SB0206ham001- 8 -LRB099 03366 SLF 49069 a

1possession any freshly killed species protected by this Act
2during the season closed for taking.
3    (dd) It is unlawful to take any species protected by this
4Act and retain it alive except as provided by administrative
5rule.
6    (ee) It is unlawful to possess any rifle while in the field
7during gun deer season except as provided in Section 2.26 and
8administrative rules.
9    (ff) It is unlawful for any person to take any species
10protected by this Act, except migratory waterfowl, during the
11gun deer hunting season in those counties open to gun deer
12hunting, unless he or she wears, when in the field, a cap and
13upper outer garment of a solid blaze orange color, with such
14articles of clothing displaying a minimum of 400 square inches
15of blaze orange material.
16    (gg) It is unlawful during the upland game season for any
17person to take upland game with a firearm unless he or she
18wears, while in the field, a cap of solid blaze orange color.
19For purposes of this Act, upland game is defined as Bobwhite
20Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
21Cottontail and Swamp Rabbit.
22    (hh) It shall be unlawful to kill or cripple any species
23protected by this Act for which there is a bag limit without
24making a reasonable effort to retrieve such species and include
25such in the bag limit. It shall be unlawful for any person
26having control over harvested game mammals, game birds, or

 

 

09900SB0206ham001- 9 -LRB099 03366 SLF 49069 a

1migratory game birds for which there is a bag limit to wantonly
2waste or destroy the usable meat of the game, except this shall
3not apply to wildlife taken under Sections 2.37 or 3.22 of this
4Code. For purposes of this subsection, "usable meat" means the
5breast meat of a game bird or migratory game bird and the hind
6ham and front shoulders of a game mammal. It shall be unlawful
7for any person to place, leave, dump, or abandon a wildlife
8carcass or parts of it along or upon a public right-of-way or
9highway or on public or private property, including a waterway
10or stream, without the permission of the owner or tenant. It
11shall not be unlawful to discard game meat that is determined
12to be unfit for human consumption.
13    (ii) This Section shall apply only to those species
14protected by this Act taken within the State. Any species or
15any parts thereof, legally taken in and transported from other
16states or countries, may be possessed within the State, except
17as provided in this Section and Sections 2.35, 2.36 and 3.21.
18    (jj) (Blank).
19    (kk) Nothing contained in this Section shall prohibit the
20Director from issuing permits to paraplegics or to other
21persons with disabilities who meet the requirements set forth
22in administrative rule to shoot or hunt from a vehicle as
23provided by that rule, provided that such is otherwise in
24accord with this Act.
25    (ll) Nothing contained in this Act shall prohibit the
26taking of aquatic life protected by the Fish and Aquatic Life

 

 

09900SB0206ham001- 10 -LRB099 03366 SLF 49069 a

1Code or birds and mammals protected by this Act, except deer
2and fur-bearing mammals, from a boat not camouflaged or
3disguised to alter its identity or to further provide a place
4of concealment and not propelled by sail or mechanical power.
5However, only shotguns not larger than 10 gauge nor smaller
6than .410 bore loaded with not more than 3 shells of a shot
7size no larger than lead BB or steel T (.20 diameter) may be
8used to take species protected by this Act.
9    (mm) Nothing contained in this Act shall prohibit the use
10of a shotgun, not larger than 10 gauge nor smaller than a 20
11gauge, with a rifled barrel.
12    (nn) It shall be unlawful to possess any species of
13wildlife or wildlife parts taken unlawfully in Illinois, any
14other state, or any other country, whether or not the wildlife
15or wildlife parts is indigenous to Illinois. For the purposes
16of this subsection, the statute of limitations for unlawful
17possession of wildlife or wildlife parts shall not cease until
182 years after the possession has permanently ended.
19(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
20eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
21eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
2210-20-15.)
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Section 24-1 as follows:
 

 

 

09900SB0206ham001- 11 -LRB099 03366 SLF 49069 a

1    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
2    Sec. 24-1. Unlawful use of weapons.
3    (a) A person commits the offense of unlawful use of weapons
4when he knowingly:
5        (1) Sells, manufactures, purchases, possesses or
6    carries any bludgeon, black-jack, slung-shot, sand-club,
7    sand-bag, metal knuckles or other knuckle weapon
8    regardless of its composition, throwing star, or any knife,
9    commonly referred to as a switchblade knife, which has a
10    blade that opens automatically by hand pressure applied to
11    a button, spring or other device in the handle of the
12    knife, or a ballistic knife, which is a device that propels
13    a knifelike blade as a projectile by means of a coil
14    spring, elastic material or compressed gas; or
15        (2) Carries or possesses with intent to use the same
16    unlawfully against another, a dagger, dirk, billy,
17    dangerous knife, razor, stiletto, broken bottle or other
18    piece of glass, stun gun or taser or any other dangerous or
19    deadly weapon or instrument of like character; or
20        (3) Carries on or about his person or in any vehicle, a
21    tear gas gun projector or bomb or any object containing
22    noxious liquid gas or substance, other than an object
23    containing a non-lethal noxious liquid gas or substance
24    designed solely for personal defense carried by a person 18
25    years of age or older; or
26        (4) Carries or possesses in any vehicle or concealed on

 

 

09900SB0206ham001- 12 -LRB099 03366 SLF 49069 a

1    or about his person except when on his land or in his own
2    abode, legal dwelling, or fixed place of business, or on
3    the land or in the legal dwelling of another person as an
4    invitee with that person's permission, any pistol,
5    revolver, stun gun or taser or other firearm, except that
6    this subsection (a) (4) does not apply to or affect
7    transportation of weapons that meet one of the following
8    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; or
19        (5) Sets a spring gun; or
20        (6) Possesses any device or attachment of any kind
21    primarily designed, used, or intended for use in silencing
22    the report of any handgun; or possesses any device or
23    attachment of any kind designed, used, or intended for use
24    in silencing the report of any other firearm if the device
25    or attachment does not comply with the National Firearms
26    Act firearm; or

 

 

09900SB0206ham001- 13 -LRB099 03366 SLF 49069 a

1        (7) Sells, manufactures, purchases, possesses or
2    carries:
3            (i) a machine gun, which shall be defined for the
4        purposes of this subsection as any weapon, which
5        shoots, is designed to shoot, or can be readily
6        restored to shoot, automatically more than one shot
7        without manually reloading by a single function of the
8        trigger, including the frame or receiver of any such
9        weapon, or sells, manufactures, purchases, possesses,
10        or carries any combination of parts designed or
11        intended for use in converting any weapon into a
12        machine gun, or any combination or parts from which a
13        machine gun can be assembled if such parts are in the
14        possession or under the control of a person;
15            (ii) any rifle having one or more barrels less than
16        16 inches in length or a shotgun having one or more
17        barrels less than 18 inches in length or any weapon
18        made from a rifle or shotgun, whether by alteration,
19        modification, or otherwise, if such a weapon as
20        modified has an overall length of less than 26 inches;
21        or
22            (iii) any bomb, bomb-shell, grenade, bottle or
23        other container containing an explosive substance of
24        over one-quarter ounce for like purposes, such as, but
25        not limited to, black powder bombs and Molotov
26        cocktails or artillery projectiles; or

 

 

09900SB0206ham001- 14 -LRB099 03366 SLF 49069 a

1        (8) Carries or possesses any firearm, stun gun or taser
2    or other deadly weapon in any place which is licensed to
3    sell intoxicating beverages, or at any public gathering
4    held pursuant to a license issued by any governmental body
5    or any public gathering at which an admission is charged,
6    excluding a place where a showing, demonstration or lecture
7    involving the exhibition of unloaded firearms is
8    conducted.
9        This subsection (a)(8) does not apply to any auction or
10    raffle of a firearm held pursuant to a license or permit
11    issued by a governmental body, nor does it apply to persons
12    engaged in firearm safety training courses; or
13        (9) Carries or possesses in a vehicle or on or about
14    his person any pistol, revolver, stun gun or taser or
15    firearm or ballistic knife, when he is hooded, robed or
16    masked in such manner as to conceal his identity; or
17        (10) Carries or possesses on or about his person, upon
18    any public street, alley, or other public lands within the
19    corporate limits of a city, village or incorporated town,
20    except when an invitee thereon or therein, for the purpose
21    of the display of such weapon or the lawful commerce in
22    weapons, or except when on his land or in his own abode,
23    legal dwelling, or fixed place of business, or on the land
24    or in the legal dwelling of another person as an invitee
25    with that person's permission, any pistol, revolver, stun
26    gun or taser or other firearm, except that this subsection

 

 

09900SB0206ham001- 15 -LRB099 03366 SLF 49069 a

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

 

 

09900SB0206ham001- 16 -LRB099 03366 SLF 49069 a

1    bullet" means the projectile portion of an ammunition
2    cartridge which contains or carries an explosive charge
3    which will explode upon contact with the flesh of a human
4    or an animal. "Cartridge" means a tubular metal case having
5    a projectile affixed at the front thereof and a cap or
6    primer at the rear end thereof, with the propellant
7    contained in such tube between the projectile and the cap;
8    or
9        (12) (Blank); or
10        (13) Carries or possesses on or about his or her person
11    while in a building occupied by a unit of government, a
12    billy club, other weapon of like character, or other
13    instrument of like character intended for use as a weapon.
14    For the purposes of this Section, "billy club" means a
15    short stick or club commonly carried by police officers
16    which is either telescopic or constructed of a solid piece
17    of wood or other man-made material.
18    (b) Sentence. A person convicted of a violation of
19subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
20subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
21Class A misdemeanor. A person convicted of a violation of
22subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
23person convicted of a violation of subsection 24-1(a)(6) or
2424-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
25convicted of a violation of subsection 24-1(a)(7)(i) commits a
26Class 2 felony and shall be sentenced to a term of imprisonment

 

 

09900SB0206ham001- 17 -LRB099 03366 SLF 49069 a

1of not less than 3 years and not more than 7 years, unless the
2weapon is possessed in the passenger compartment of a motor
3vehicle as defined in Section 1-146 of the Illinois Vehicle
4Code, or on the person, while the weapon is loaded, in which
5case it shall be a Class X felony. A person convicted of a
6second or subsequent violation of subsection 24-1(a)(4),
724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
8felony. The possession of each weapon in violation of this
9Section constitutes a single and separate violation.
10    (c) Violations in specific places.
11        (1) A person who violates subsection 24-1(a)(6) or
12    24-1(a)(7) in any school, regardless of the time of day or
13    the time of year, in residential property owned, operated
14    or managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on the real
17    property comprising any school, regardless of the time of
18    day or the time of year, on residential property owned,
19    operated or managed by a public housing agency or leased by
20    a public housing agency as part of a scattered site or
21    mixed-income development, on the real property comprising
22    any public park, on the real property comprising any
23    courthouse, in any conveyance owned, leased or contracted
24    by a school to transport students to or from school or a
25    school related activity, in any conveyance owned, leased,
26    or contracted by a public transportation agency, or on any

 

 

09900SB0206ham001- 18 -LRB099 03366 SLF 49069 a

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

 

 

09900SB0206ham001- 19 -LRB099 03366 SLF 49069 a

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

 

 

09900SB0206ham001- 20 -LRB099 03366 SLF 49069 a

1    as part of a scattered site or mixed-income development
2    commits a Class 4 felony. "Courthouse" means any building
3    that is used by the Circuit, Appellate, or Supreme Court of
4    this State for the conduct of official business.
5        (3) Paragraphs (1), (1.5), and (2) of this subsection
6    (c) shall not apply to law enforcement officers or security
7    officers of such school, college, or university or to
8    students carrying or possessing firearms for use in
9    training courses, parades, hunting, target shooting on
10    school ranges, or otherwise with the consent of school
11    authorities and which firearms are transported unloaded
12    enclosed in a suitable case, box, or transportation
13    package.
14        (4) For the purposes of this subsection (c), "school"
15    means any public or private elementary or secondary school,
16    community college, college, or university.
17        (5) For the purposes of this subsection (c), "public
18    transportation agency" means a public or private agency
19    that provides for the transportation or conveyance of
20    persons by means available to the general public, except
21    for transportation by automobiles not used for conveyance
22    of the general public as passengers; and "public
23    transportation facility" means a terminal or other place
24    where one may obtain public transportation.
25    (d) The presence in an automobile other than a public
26omnibus of any weapon, instrument or substance referred to in

 

 

09900SB0206ham001- 21 -LRB099 03366 SLF 49069 a

1subsection (a)(7) is prima facie evidence that it is in the
2possession of, and is being carried by, all persons occupying
3such automobile at the time such weapon, instrument or
4substance is found, except under the following circumstances:
5(i) if such weapon, instrument or instrumentality is found upon
6the person of one of the occupants therein; or (ii) if such
7weapon, instrument or substance is found in an automobile
8operated for hire by a duly licensed driver in the due, lawful
9and proper pursuit of his trade, then such presumption shall
10not apply to the driver.
11    (e) Exemptions. Crossbows, Common or Compound bows and
12Underwater Spearguns are exempted from the definition of
13ballistic knife as defined in paragraph (1) of subsection (a)
14of this Section.
15(Source: P.A. 99-29, eff. 7-10-15.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".