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Public Act 100-0082


 

Public Act 0082 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0082
 
SB0607 EnrolledLRB100 04791 SLF 14800 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 24-1 as follows:
 
    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful use of weapons.
    (a) A person commits the offense of unlawful use of weapons
when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    carries any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles or other knuckle weapon
    regardless of its composition, throwing star, or any knife,
    commonly referred to as a switchblade knife, which has a
    blade that opens automatically by hand pressure applied to
    a button, spring or other device in the handle of the
    knife, or a ballistic knife, which is a device that propels
    a knifelike blade as a projectile by means of a coil
    spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    unlawfully against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or other
    piece of glass, stun gun or taser or any other dangerous or
    deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle, a
    tear gas gun projector or bomb or any object containing
    noxious liquid gas or substance, other than an object
    containing a non-lethal noxious liquid gas or substance
    designed solely for personal defense carried by a person 18
    years of age or older; or
        (4) Carries or possesses in any vehicle or concealed on
    or about his person except when on his land or in his 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 or taser or other firearm, except that
    this subsection (a) (4) does not apply to or affect
    transportation of weapons that meet one of the following
    conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card; or
            (iv) are carried or possessed in accordance with
        the Firearm Concealed Carry Act by a person who has
        been issued a currently valid license under the Firearm
        Concealed Carry Act; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    designed, used or intended for use in silencing the report
    of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    carries:
            (i) a machine gun, which shall be defined for the
        purposes of this subsection as any weapon, which
        shoots, is designed to shoot, or can be readily
        restored to shoot, automatically more than one shot
        without manually reloading by a single function of the
        trigger, including the frame or receiver of any such
        weapon, or sells, manufactures, purchases, possesses,
        or carries any combination of parts designed or
        intended for use in converting any weapon into a
        machine gun, or any combination or parts from which a
        machine gun can be assembled if such parts are in the
        possession or under the control of a person;
            (ii) any rifle having one or more barrels less than
        16 inches in length or a shotgun having one or more
        barrels less than 18 inches in length or any weapon
        made from a rifle or shotgun, whether by alteration,
        modification, or otherwise, if such a weapon as
        modified has an overall length of less than 26 inches;
        or
            (iii) any bomb, bomb-shell, grenade, bottle or
        other container containing an explosive substance of
        over one-quarter ounce for like purposes, such as, but
        not limited to, black powder bombs and Molotov
        cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or taser
    or other deadly weapon in any place which is licensed to
    sell intoxicating beverages, or at any public gathering
    held pursuant to a license issued by any governmental body
    or any public gathering at which an admission is charged,
    excluding a place where a showing, demonstration or lecture
    involving the exhibition of unloaded firearms is
    conducted.
        This subsection (a)(8) does not apply to any auction or
    raffle of a firearm held pursuant to a license or permit
    issued by a governmental body, nor does it apply to persons
    engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    his person any pistol, revolver, stun gun or taser or
    firearm or ballistic knife, when he is hooded, robed or
    masked in such manner as to conceal his identity; or
        (10) Carries or possesses on or about his person, upon
    any public street, alley, or other public lands within the
    corporate limits of a city, village or incorporated town,
    except when an invitee thereon or therein, for the purpose
    of the display of such weapon or the lawful commerce in
    weapons, or except when on his land or in his 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 or taser or other firearm, except that this subsection
    (a) (10) does not apply to or affect transportation of
    weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card; or
            (iv) are carried or possessed in accordance with
        the Firearm Concealed Carry Act by a person who has
        been issued a currently valid license under the Firearm
        Concealed Carry Act.
        A "stun gun or taser", as used in this paragraph (a)
    means (i) any device which is powered by electrical
    charging units, such as, batteries, and which fires one or
    several barbs attached to a length of wire and which, upon
    hitting a human, can send out a current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning or (ii) any
    device which is powered by electrical charging units, such
    as batteries, and which, upon contact with a human or
    clothing worn by a human, can send out current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning; or
        (11) Sells, manufactures or purchases any explosive
    bullet. For purposes of this paragraph (a) "explosive
    bullet" means the projectile portion of an ammunition
    cartridge which contains or carries an explosive charge
    which will explode upon contact with the flesh of a human
    or an animal. "Cartridge" means a tubular metal case having
    a projectile affixed at the front thereof and a cap or
    primer at the rear end thereof, with the propellant
    contained in such tube between the projectile and the cap;
    or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her person
    while in a building occupied by a unit of government, a
    billy club, other weapon of like character, or other
    instrument of like character intended for use as a weapon.
    For the purposes of this Section, "billy club" means a
    short stick or club commonly carried by police officers
    which is either telescopic or constructed of a solid piece
    of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. The possession of each weapon in violation of this
Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time of day or
    the time of year, in residential property owned, operated
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on the real
    property comprising any school, regardless of the time of
    day or the time of year, on residential property owned,
    operated or managed by a public housing agency or leased by
    a public housing agency as part of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on the real property comprising any
    courthouse, in any conveyance owned, leased or contracted
    by a school to transport students to or from school or a
    school related activity, in any conveyance owned, leased,
    or contracted by a public transportation agency, or on any
    public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, public
    transportation facility, or residential property owned,
    operated, or managed by a public housing agency or leased
    by a public housing agency as part of a scattered site or
    mixed-income development commits a Class 2 felony and shall
    be sentenced to a term of imprisonment of not less than 3
    years and not more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated, or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated or managed by a public
    housing agency or leased by a public housing agency as part
    of a scattered site or mixed-income development, on the
    real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 4 felony. "Courthouse" means any building
    that is used by the Circuit, Appellate, or Supreme Court of
    this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    (c) shall not apply to law enforcement officers or security
    officers of such school, college, or university or to
    students carrying or possessing firearms for use in
    training courses, parades, hunting, target shooting on
    school ranges, or otherwise with the consent of school
    authorities and which firearms are transported unloaded
    enclosed in a suitable case, box, or transportation
    package.
        (4) For the purposes of this subsection (c), "school"
    means any public or private elementary or secondary school,
    community college, college, or university.
        (5) For the purposes of this subsection (c), "public
    transportation agency" means a public or private agency
    that provides for the transportation or conveyance of
    persons by means available to the general public, except
    for transportation by automobiles not used for conveyance
    of the general public as passengers; and "public
    transportation facility" means a terminal or other place
    where one may obtain public transportation.
    (d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
    (e) Exemptions.
        (1) Crossbows, Common or Compound bows and Underwater
    Spearguns are exempted from the definition of ballistic
    knife as defined in paragraph (1) of subsection (a) of this
    Section.
        (2) The provision of paragraph (1) of subsection (a) of
    this Section prohibiting the sale, manufacture, purchase,
    possession, or carrying of any knife, commonly referred to
    as a switchblade knife, which has a blade that opens
    automatically by hand pressure applied to a button, spring
    or other device in the handle of the knife, does not apply
    to a person who possesses a currently valid Firearm Owner's
    Identification Card previously issued in his or her name by
    the Department of State Police or to a person or an entity
    engaged in the business of selling or manufacturing
    switchblade knives.
(Source: P.A. 99-29, eff. 7-10-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017