Illinois General Assembly - Full Text of SB0836
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Full Text of SB0836  99th General Assembly

SB0836ham002 99TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 5/29/2015

 

 


 

 


 
09900SB0836ham002LRB099 09057 RLC 36411 a

1
AMENDMENT TO SENATE BILL 836

2    AMENDMENT NO. ______. Amend Senate Bill 836, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 46, by replacing line 19 with the following:
5"changing Sections 24-1 and 24-3 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 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

 

 

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1    a knifelike blade as a projectile by means of a coil
2    spring, elastic material or compressed gas; or
3        (2) Carries or possesses with intent to use the same
4    unlawfully against another, a dagger, dirk, billy,
5    dangerous knife, razor, stiletto, broken bottle or other
6    piece of glass, stun gun or taser or any other dangerous or
7    deadly weapon or instrument of like character; or
8        (3) Carries on or about his person or in any vehicle, a
9    tear gas gun projector or bomb or any object containing
10    noxious liquid gas or substance, other than an object
11    containing a non-lethal noxious liquid gas or substance
12    designed solely for personal defense carried by a person 18
13    years of age or older; or
14        (4) Carries or possesses in any vehicle or concealed on
15    or about his person except when on his land or in his own
16    abode, legal dwelling, or fixed place of business, or on
17    the land or in the legal dwelling of another person as an
18    invitee with that person's permission, any pistol,
19    revolver, stun gun or taser or other firearm, except that
20    this subsection (a) (4) does not apply to or affect
21    transportation of weapons that meet one of the following
22    conditions:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm
26        carrying box, shipping box, or other container by a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
7person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. The possession of each weapon in violation of this
19Section constitutes a single and separate violation.
20    (c) Violations in specific places.
21        (1) A person who violates subsection 24-1(a)(6) or
22    24-1(a)(7) in any school, regardless of the time of day or
23    the time of year, in residential property owned, operated
24    or managed by a public housing agency or leased by a public
25    housing agency as part of a scattered site or mixed-income
26    development, in a public park, in a courthouse, on the real

 

 

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

 

 

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

 

 

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

 

 

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1        (5) For the purposes of this subsection (c), "public
2    transportation agency" means a public or private agency
3    that provides for the transportation or conveyance of
4    persons by means available to the general public, except
5    for transportation by automobiles not used for conveyance
6    of the general public as passengers; and "public
7    transportation facility" means a terminal or other place
8    where one may obtain public transportation.
9    (d) The presence in an automobile other than a public
10omnibus of any weapon, instrument or substance referred to in
11subsection (a)(7) is prima facie evidence that it is in the
12possession of, and is being carried by, all persons occupying
13such automobile at the time such weapon, instrument or
14substance is found, except under the following circumstances:
15(i) if such weapon, instrument or instrumentality is found upon
16the person of one of the occupants therein; or (ii) if such
17weapon, instrument or substance is found in an automobile
18operated for hire by a duly licensed driver in the due, lawful
19and proper pursuit of his trade, then such presumption shall
20not apply to the driver.
21    (e) Exemptions. Crossbows, Common or Compound bows and
22Underwater Spearguns are exempted from the definition of
23ballistic knife as defined in paragraph (1) of subsection (a)
24of this Section.
25(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2695-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;

 

 

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196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)".