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|[ House Amendment 001 ]|
90_HB0482 625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205 720 ILCS 5/24-1 from Ch. 38, par. 24-1 Amends the Illinois Vehicle Code and the Criminal Code of 1961. Amends the Vehicle Code to provide that the Secretary of State shall revoke the license or permit of a driver upon receiving a report of the driver's conviction for the offense of unlawful use of weapons if the offense was for carrying or possessing a firearm in a vehicle within 250 feet of a school. Amends the Criminal Code of 1961 to provide that the court shall make a finding that the offense was for carrying or possessing a firearm in a vehicle within 250 feet of a school. Effective immediately. LRB9002500NTsb LRB9002500NTsb 1 AN ACT concerning vehicles, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 6-205 as follows: 6 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 7 Sec. 6-205. Mandatory revocation of license or permit; 8 Hardship cases. 9 (a) Except as provided in this Section, the Secretary of 10 State shall immediately revoke the license or permit of any 11 driver upon receiving a report of the driver's conviction of 12 any of the following offenses: 13 1. Reckless homicide resulting from the operation 14 of a motor vehicle; 15 2. Violation of Section 11-501 of this Code or a 16 similar provision of a local ordinance relating to the 17 offense of operating or being in physical control of a 18 vehicle while under the influence of alcohol, other drug, 19 or combination of both; 20 3. Any felony under the laws of any State or the 21 federal government in the commission of which a motor 22 vehicle was used; 23 4. Violation of Section 11-401 of this Code 24 relating to the offense of leaving the scene of a traffic 25 accident involving death or personal injury; 26 5. Perjury or the making of a false affidavit or 27 statement under oath to the Secretary of State under this 28 Code or under any other law relating to the ownership or 29 operation of motor vehicles; 30 6. Conviction upon 3 charges of violation of 31 Section 11-503 of this Code relating to the offense of -2- LRB9002500NTsb 1 reckless driving committed within a period of 12 months; 2 7. Conviction of the offense of automobile theft as 3 defined in Section 4-102 of this Code; 4 8. Violation of Section 11-504 of this Code 5 relating to the offense of drag racing; 6 9. Violation of Chapters 8 and 9 of this Code; 7 10. Violation of Section 12-5 of the Criminal Code 8 of 1961 arising from the use of a motor vehicle; 9 11. Violation of Section 11-204.1 of this Code 10 relating to aggravated fleeing or attempting to elude a 11 police officer; 12 12. Violation of paragraph (1) of subsection (b) of 13 Section 6-507, or a similar law of any other state, 14 relating to the unlawful operation of a commercial motor 15 vehicle; 16 13. Violation of paragraph (a) of Section 11-502 of 17 this Code or a similar provision of a local ordinance if 18 the driver has been previously convicted of a violation 19 of that Section or a similar provision of a local 20 ordinance and the driver was less than 21 years of age at 21 the time of the offense;
.22 14. Unlawful use of weapons for carrying or 23 possessing a firearm in a vehicle on a public way within 24 250 feet of the real property comprising a school, a 25 violation of paragraph (1.5) of subsection (c) of Section 26 24-1 of the Criminal Code of 1961. 27 (b) The Secretary of State shall also immediately revoke 28 the license or permit of any driver in the following 29 situations: 30 1. Of any minor upon receiving the notice provided 31 for in Section 1-8 of the Juvenile Court Act of 1987 that 32 the minor has been adjudicated under that Act as having 33 committed an offense relating to motor vehicles 34 prescribed in Section 4-103 of this Code; -3- LRB9002500NTsb 1 2. Of any person when any other law of this State 2 requires either the revocation or suspension of a license 3 or permit. 4 (c) Whenever a person is convicted of any of the 5 offenses enumerated in this Section, the court may recommend 6 and the Secretary of State in his discretion, without regard 7 to whether the recommendation is made by the court, may, upon 8 application, issue to the person a restricted driving permit 9 granting the privilege of driving a motor vehicle between the 10 petitioner's residence and petitioner's place of employment 11 or within the scope of the petitioner's employment related 12 duties, or to allow transportation for the petitioner or a 13 household member of the petitioner's family for the receipt 14 of necessary medical care or, if the professional evaluation 15 indicates, provide transportation for the petitioner for 16 alcohol remedial or rehabilitative activity, or for the 17 petitioner to attend classes, as a student, in an accredited 18 educational institution; if the petitioner is able to 19 demonstrate that no alternative means of transportation is 20 reasonably available and the petitioner will not endanger the 21 public safety or welfare; provided that the Secretary's 22 discretion shall be limited to cases where undue hardship 23 would result from a failure to issue the restricted driving 24 permit. In each case the Secretary of State may issue a 25 restricted driving permit for a period he deems appropriate, 26 except that the permit shall expire within one year from the 27 date of issuance. A restricted driving permit issued under 28 this Section shall be subject to cancellation, revocation, 29 and suspension by the Secretary of State in like manner and 30 for like cause as a driver's license issued under this Code 31 may be cancelled, revoked, or suspended; except that a 32 conviction upon one or more offenses against laws or 33 ordinances regulating the movement of traffic shall be deemed 34 sufficient cause for the revocation, suspension, or -4- LRB9002500NTsb 1 cancellation of a restricted driving permit. The Secretary of 2 State may, as a condition to the issuance of a restricted 3 driving permit, require the applicant to participate in a 4 designated driver remedial or rehabilitative program. The 5 Secretary of State is authorized to cancel a restricted 6 driving permit if the permit holder does not successfully 7 complete the program. However, if an individual's driving 8 privileges have been revoked in accordance with paragraph 13 9 of subsection (a) of this Section, no restricted driving 10 permit shall be issued until the individual has served 6 11 months of the revocation period. 12 (d) Whenever a person under the age of 21 is convicted 13 under Section 11-501 of this Code or a similar provision of a 14 local ordinance, the Secretary of State shall revoke the 15 driving privileges of that person. One year after the date 16 of revocation, and upon application, the Secretary of State 17 may, if satisfied that the person applying will not endanger 18 the public safety or welfare, issue a restricted driving 19 permit granting the privilege of driving a motor vehicle only 20 between the hours of 5 a.m. and 9 p.m. or as otherwise 21 provided by this Section for a period of one year. After 22 this one year period, and upon reapplication for a license as 23 provided in Section 6-106, upon payment of the appropriate 24 reinstatement fee provided under paragraph (b) of Section 25 6-118, the Secretary of State, in his discretion, may issue 26 the applicant a license, or extend the restricted driving 27 permit as many times as the Secretary of State deems 28 appropriate, by additional periods of not more than 12 months 29 each, until the applicant attains 21 years of age. A 30 restricted driving permit issued under this Section shall be 31 subject to cancellation, revocation, and suspension by the 32 Secretary of State in like manner and for like cause as a 33 driver's license issued under this Code may be cancelled, 34 revoked, or suspended; except that a conviction upon one or -5- LRB9002500NTsb 1 more offenses against laws or ordinances regulating the 2 movement of traffic shall be deemed sufficient cause for the 3 revocation, suspension, or cancellation of a restricted 4 driving permit. Any person under 21 years of age who has a 5 driver's license revoked for a second or subsequent 6 conviction for driving under the influence, prior to the age 7 of 21, shall not be eligible to submit an application for a 8 full reinstatement of driving privileges or a restricted 9 driving permit until age 21 or one additional year from the 10 date of the latest such revocation, whichever is the longer. 11 The revocation periods contained in this subparagraph shall 12 apply to similar out-of-state convictions. 13 (e) This Section is subject to the provisions of the 14 Driver License Compact. 15 (f) Any revocation imposed upon any person under 16 subsections 2 and 3 of paragraph (b) that is in effect on 17 December 31, 1988 shall be converted to a suspension for a 18 like period of time. 19 (Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff. 20 1-1-96; 89-626, eff. 8-9-96.) 21 Section 10. The Criminal Code of 1961 is amended by 22 changing Section 24-1 as follows: 23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) 24 Sec. 24-1. Unlawful Use of Weapons. 25 (a) A person commits the offense of unlawful use of 26 weapons when he knowingly: 27 (1) Sells, manufactures, purchases, possesses or 28 carries any bludgeon, black-jack, slung-shot, sand-club, 29 sand-bag, metal knuckles, throwing star, or any knife, 30 commonly referred to as a switchblade knife, which has a 31 blade that opens automatically by hand pressure applied 32 to a button, spring or other device in the handle of the -6- LRB9002500NTsb 1 knife, or a ballistic knife, which is a device that 2 propels a knifelike blade as a projectile by means of a 3 coil spring, elastic material or compressed gas; or 4 (2) Carries or possesses with intent to use the 5 same unlawfully against another, a dagger, dirk, billy, 6 dangerous knife, razor, stiletto, broken bottle or other 7 piece of glass, stun gun or taser or any other dangerous 8 or deadly weapon or instrument of like character; or 9 (3) Carries on or about his person or in any 10 vehicle, a tear gas gun projector or bomb or any object 11 containing noxious liquid gas or substance, other than an 12 object containing a non-lethal noxious liquid gas or 13 substance designed solely for personal defense carried by 14 a person 18 years of age or older; or 15 (4) Carries or possesses in any vehicle or 16 concealed on or about his person except when on his land 17 or in his own abode or fixed place of business any 18 pistol, revolver, stun gun or taser or other firearm; or 19 (5) Sets a spring gun; or 20 (6) Possesses any device or attachment of any kind 21 designed, used or intended for use in silencing the 22 report of any firearm; or 23 (7) Sells, manufactures, purchases, possesses or 24 carries: 25 (i) a machine gun, which shall be defined for 26 the purposes of this subsection as any weapon, which 27 shoots, is designed to shoot, or can be readily 28 restored to shoot, automatically more than one shot 29 without manually reloading by a single function of 30 the trigger, including the frame or receiver of any 31 such weapon, or sells, manufactures, purchases, 32 possesses, or carries any combination of parts 33 designed or intended for use in converting any 34 weapon into a machine gun, or any combination or -7- LRB9002500NTsb 1 parts from which a machine gun can be assembled if 2 such parts are in the possession or under the 3 control of a person; 4 (ii) any rifle having one or more barrels less 5 than 16 inches in length or a shotgun having one or 6 more barrels less than 18 inches in length or any 7 weapon made from a rifle or shotgun, whether by 8 alteration, modification, or otherwise, if such a 9 weapon as modified has an overall length of less 10 than 26 inches; or 11 (iii) any bomb, bomb-shell, grenade, bottle or 12 other container containing an explosive substance of 13 over one-quarter ounce for like purposes, such as, 14 but not limited to, black powder bombs and Molotov 15 cocktails or artillery projectiles; or 16 (8) Carries or possesses any firearm, stun gun or 17 taser or other deadly weapon in any place which is 18 licensed to sell intoxicating beverages, or at any public 19 gathering held pursuant to a license issued by any 20 governmental body or any public gathering at which an 21 admission is charged, excluding a place where a showing, 22 demonstration or lecture involving the exhibition of 23 unloaded firearms is conducted; or 24 (9) Carries or possesses in a vehicle or on or 25 about his person any pistol, revolver, stun gun or taser 26 or firearm or ballistic knife, when he is hooded, robed 27 or masked in such manner as to conceal his identity; or 28 (10) Carries or possesses on or about his person, 29 upon any public street, alley, or other public lands 30 within the corporate limits of a city, village or 31 incorporated town, except when an invitee thereon or 32 therein, for the purpose of the display of such weapon or 33 the lawful commerce in weapons, or except when on his 34 land or in his own abode or fixed place of business, any -8- LRB9002500NTsb 1 pistol, revolver, stun gun or taser or other firearm. 2 A "stun gun or taser", as used in this paragraph (a) 3 means (i) any device which is powered by electrical 4 charging units, such as, batteries, and which fires one 5 or several barbs attached to a length of wire and which, 6 upon hitting a human, can send out a current capable of 7 disrupting the person's nervous system in such a manner 8 as to render him incapable of normal functioning or (ii) 9 any device which is powered by electrical charging units, 10 such as batteries, and which, upon contact with a human 11 or clothing worn by a human, can send out current capable 12 of disrupting the person's nervous system in such a 13 manner as to render him incapable of normal functioning; 14 or 15 (11) Sells, manufactures or purchases any explosive 16 bullet. For purposes of this paragraph (a) "explosive 17 bullet" means the projectile portion of an ammunition 18 cartridge which contains or carries an explosive charge 19 which will explode upon contact with the flesh of a human 20 or an animal. "Cartridge" means a tubular metal case 21 having a projectile affixed at the front thereof and a 22 cap or primer at the rear end thereof, with the 23 propellant contained in such tube between the projectile 24 and the cap; or 25 (12) (Blank). 26 (b) Sentence. A person convicted of a violation of 27 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5), 28 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a 29 Class A misdemeanor. A person convicted of a violation of 30 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a 31 Class 4 felony; a person convicted of a violation of 32 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a 33 Class 3 felony. A person convicted of a violation of 34 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the -9- LRB9002500NTsb 1 weapon is possessed in the passenger compartment of a motor 2 vehicle as defined in Section 1-146 of the Illinois Vehicle 3 Code, or on the person, while the weapon is loaded, in which 4 case it shall be a Class X felony. A person convicted of a 5 second or subsequent violation of subsection 24-1(a)(4), 6 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. 7 (c) Violations in specific places. 8 (1) A person who violates subsection 24-1(a)(6) or 9 24-1(a)(7) in any school, regardless of the time of day 10 or the time of year, in residential property owned, 11 operated and managed by a public housing agency, in a 12 public park, in a courthouse, on the real property 13 comprising any school, regardless of the time of day or 14 the time of year, on residential property owned, 15 operated and managed by a public housing agency, on the 16 real property comprising any public park, on the real 17 property comprising any courthouse, in any conveyance 18 owned, leased or contracted by a school to transport 19 students to or from school or a school related activity, 20 or on any public way within 1,000 feet of the real 21 property comprising any school, public park, courthouse, 22 or residential property owned, operated, and managed by a 23 public housing agency commits a Class 2 felony. 24 (1.5) A person who violates subsection 24-1(a)(4), 25 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 26 the time of day or the time of year, in residential 27 property owned, operated, and managed by a public housing 28 agency, in a public park, in a courthouse, on the real 29 property comprising any school, regardless of the time of 30 day or the time of year, on residential property owned, 31 operated, and managed by a public housing agency, on the 32 real property comprising any public park, on the real 33 property comprising any courthouse, in any conveyance 34 owned, leased, or contracted by a school to transport -10- LRB9002500NTsb 1 students to or from school or a school related activity, 2 or on any public way within 1,000 feet of the real 3 property comprising any school, public park, courthouse, 4 or residential property owned, operated, and managed by a 5 public housing agency commits a Class 3 felony. If the 6 violation was for carrying or possessing a firearm in a 7 vehicle under subsection 24-1(a)(4) or subsection 8 24-1(a)(9) and the violation occurred on a public way 9 within 250 feet of the real property comprising a school, 10 the court shall make a finding that the violation was for 11 carrying or possessing a firearm in a vehicle on a public 12 way within 250 feet of the real property comprising a 13 school. 14 (2) A person who violates subsection 24-1(a)(1) or 15 24-1(a)(3) in any school, regardless of the time of day 16 or the time of year, in residential property owned, 17 operated and managed by a public housing agency, in a 18 public park, in a courthouse, on the real property 19 comprising any school, regardless of the time of day or 20 the time of year, on residential property owned, operated 21 and managed by a public housing agency, on the real 22 property comprising any public park, on the real property 23 comprising any courthouse, in any conveyance owned, 24 leased or contracted by a school to transport students to 25 or from school or a school related activity, or on any 26 public way within 1,000 feet of the real property 27 comprising any school, public park, courthouse, or 28 residential property owned, operated, and managed by a 29 public housing agency commits a Class 4 felony. 30 "Courthouse" means any building that is used by the 31 Circuit, Appellate, or Supreme Court of this State for 32 the conduct of official business. 33 (3) Paragraphs (1), (1.5), and (2) of this 34 subsection (c) shall not apply to law enforcement -11- LRB9002500NTsb 1 officers or security officers of such school, college, or 2 university or to students carrying or possessing firearms 3 for use in training courses, parades, hunting, target 4 shooting on school ranges, or otherwise with the consent 5 of school authorities and which firearms are transported 6 unloaded enclosed in a suitable case, box, or 7 transportation package. 8 (4) For the purposes of this subsection (c), 9 "school" means any public or private elementary or 10 secondary school, community college, college, or 11 university. 12 (d) The presence in an automobile other than a public 13 omnibus of any weapon, instrument or substance referred to in 14 subsection (a)(7) is prima facie evidence that it is in the 15 possession of, and is being carried by, all persons occupying 16 such automobile at the time such weapon, instrument or 17 substance is found, except under the following circumstances: 18 (i) if such weapon, instrument or instrumentality is found 19 upon the person of one of the occupants therein; or (ii) if 20 such weapon, instrument or substance is found in an 21 automobile operated for hire by a duly licensed driver in the 22 due, lawful and proper pursuit of his trade, then such 23 presumption shall not apply to the driver. 24 (e) Exemptions. Crossbows, Common or Compound bows and 25 Underwater Spearguns are exempted from the definition of 26 ballistic knife as defined in paragraph (1) of subsection (a) 27 of this Section. 28 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff. 29 12-2-94; 88-680, eff. 1-1-95.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.
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