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91st General Assembly
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Public Act 91-0012

HB1195 Enrolled                                LRB9103698RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 24-1.2 and 24-3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Sections 24-1.2 and 24-3 as follows:

    (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
    Sec. 24-1.2.  Aggravated discharge of a firearm.
    (a)  A  person  commits aggravated discharge of a firearm
when he or she knowingly or intentionally:
         (1)  Discharges a firearm at or into a  building  he
    or she knows or reasonably should know to be occupied and
    the  firearm  is  discharged  from  a  place  or position
    outside that building;
         (2)  Discharges  a  firearm  in  the  direction   of
    another person or in the direction of a vehicle he or she
    knows  or  reasonably  should  know  to  be occupied by a
    person;
         (3)  Discharges a firearm  in  the  direction  of  a
    person he or she knows to be a peace officer, a community
    policing  volunteer, a correctional institution employee,
    or a fireman while the officer,  volunteer,  employee  or
    fireman  is engaged in the execution of any of his or her
    official duties, or to prevent  the  officer,  volunteer,
    employee  or  fireman from performing his or her official
    duties, or in retaliation  for  the  officer,  volunteer,
    employee  or  fireman  performing  his  or  her  official
    duties;
         (4)  Discharges  a  firearm  in  the  direction of a
    vehicle he or  she  knows  to  be  occupied  by  a  peace
    officer,  a  person  summoned  or  directed  by  a  peace
    officer, a correctional institution employee or a fireman
    while  the officer, employee or fireman is engaged in the
    execution of any of his or her  official  duties,  or  to
    prevent  the officer, employee or fireman from performing
    his or her official duties, or  in  retaliation  for  the
    officer,  employee  or  fireman  performing  his  or  her
    official duties;
         (5)  Discharges  a  firearm  in  the  direction of a
    person he  or  she  knows  to  be  an  emergency  medical
    technician  -  ambulance,  emergency medical technician -
    intermediate, emergency medical technician  -  paramedic,
    ambulance  driver,  or  other medical assistance or first
    aid  personnel,  employed  by  a  municipality  or  other
    governmental unit, while the emergency medical technician
    - ambulance, emergency medical technician - intermediate,
    emergency  medical  technician  -  paramedic,   ambulance
    driver,   or   other  medical  assistance  or  first  aid
    personnel is engaged in the execution of any  of  his  or
    her  official duties, or to prevent the emergency medical
    technician - ambulance, emergency  medical  technician  -
    intermediate,  emergency  medical technician - paramedic,
    ambulance driver, or other medical  assistance  or  first
    aid personnel from performing his or her official duties,
    or  in retaliation for the emergency medical technician -
    ambulance, emergency medical technician  -  intermediate,
    emergency   medical  technician  -  paramedic,  ambulance
    driver,  or  other  medical  assistance  or   first   aid
    personnel performing his or her official duties; or
         (6)  Discharges  a  firearm  in  the  direction of a
    vehicle he or she knows to be occupied  by  an  emergency
    medical   technician   -   ambulance,  emergency  medical
    technician - intermediate, emergency medical technician -
    paramedic,, ambulance driver, or other medical assistance
    or first aid personnel, employed  by  a  municipality  or
    other  governmental  unit,  while  the  emergency medical
    technician  - ambulance, emergency medical  technician  -
    intermediate,  emergency  medical technician - paramedic,
    ambulance driver, or other medical  assistance  or  first
    aid  personnel  is engaged in the execution of any of his
    or her official  duties,  or  to  prevent  the  emergency
    medical   technician   -   ambulance,  emergency  medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, or other medical  assistance
    or  first  aid  personnel  from  performing  his  or  her
    official  duties,  or  in  retaliation  for the emergency
    medical  technician  -   ambulance,   emergency   medical
    technician - intermediate, emergency medical technician -
    paramedic,  ambulance driver, or other medical assistance
    or first aid personnel performing  his  or  her  official
    duties.
    (b)  A  violation   of   subsection (a)(1) or  subsection
(a)(2) of this Section is a Class 1 felony.  A  violation  of
subsection  (a)(1)  or  (a)(2) of this Section committed in a
school, on the real  property  comprising  a  school,  within
1,000  feet  of  the  real property comprising a school, at a
school related activity or on or within  1,000  feet  of  any
conveyance  owned,  leased,  or  contracted  by  a  school to
transport students to or from  school  or  a  school  related
activity,  regardless of the time of day or time of year that
the offense was committed is a Class X felony. A violation of
subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this  Section
is a Class X felony for which the sentence shall be a term of
imprisonment  of  no  less than 10 years and not more than 45
years.
    (c)  For purposes of this Section:
    "School"  means  a  public  or  private   elementary   or
secondary school, community college, college, or university.
    "School  related  activity"  means  any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole  or
in part by a school or school district.
(Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec.  24-3.   Unlawful Sale of Firearms. A person commits
the offense of unlawful sale of firearms when he knowingly:
    (a)  Sells or gives any firearm of a size  which  may  be
concealed  upon  the  person  to any person under 18 years of
age; or
    (b)  Sells or gives any firearm  to  a  person  under  21
years  of  age  who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent; or
    (c)  Sells or gives any firearm to any  narcotic  addict;
or
    (d)  Sells  or  gives  any  firearm to any person who has
been convicted of a felony under the  laws  of  this  or  any
other jurisdiction; or
    (e)  Sells  or  gives  any  firearm to any person who has
been a patient in a mental hospital within the past 5  years;
or
    (f)  Sells  or  gives  any  firearms to any person who is
mentally retarded; or
    (g)  Delivers  any  firearm  of  a  size  which  may   be
concealed  upon  the  person,  incidental  to a sale, without
withholding delivery of such firearm for at  least  72  hours
after application for its purchase has been made, or delivers
any  rifle,  shotgun or other long gun, incidental to a sale,
without withholding delivery of such rifle, shotgun or  other
long  gun  for  at  least  24 hours after application for its
purchase has been made. However,  this  paragraph  shall  not
apply  to:  (1)  the  sale  of a firearm to a law enforcement
officer or a person who desires to purchase a firearm for use
in promoting the public interest incident to  his  employment
as  a  bank  guard,  armed  truck  guard,  or  other  similar
employment;  or  (2)  a  mail  order  sale  of a firearm to a
nonresident of Illinois under which the firearm is mailed  to
a  point  outside the boundaries of Illinois; or (3) the sale
of a firearm to a nonresident of Illinois while at a  firearm
showing  or  display recognized by the Illinois Department of
State Police; or (4) the  sale  of  a  firearm  to  a  dealer
licensed under the Federal Firearms Act of the United States;
or
    (h)  While  holding  any  license  under the Federal "Gun
Control Act of 1968", as  amended,  as  a  dealer,  importer,
manufacturer  or  pawnbroker; manufactures, sells or delivers
to any unlicensed person a handgun having  a  barrel,  slide,
frame or receiver which is a die casting of zinc alloy or any
other  nonhomogeneous  metal  which  will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For purposes
of this paragraph, (1) "firearm" is defined  as  in  "An  Act
relating  to  the  acquisition,  possession  and  transfer of
firearms and firearm ammunition, to provide a penalty for the
violation thereof and to make an appropriation in  connection
therewith",   approved   August  3,  1967,  as  amended;  (2)
"handgun" is defined as a firearm designed  to  be  held  and
fired by the use of a single hand, and includes a combination
of parts from which a firearm can be assembled; or
    (i)  Sells  or gives a firearm of  any size to any person
under 18 years of age who does not possess  a  valid  Firearm
Owner's Identification Card.
    (j)  Paragraph  (h)  of  this  Section  shall not include
firearms  sold  within  6  months  after  enactment  of  this
amendatory Act of 1973, nor shall any firearm  legally  owned
or  possessed  by  any  citizen  or  purchased by any citizen
within 6 months after the enactment of this amendatory Act of
1973  be  subject  to  confiscation  or  seizure  under   the
provisions  of  this  amendatory Act of 1973. Nothing in this
amendatory Act of 1973 shall be  construed  to  prohibit  the
gift or trade of any firearm if that firearm was legally held
or  acquired  within  6  months  after  the enactment of this
amendatory Act of 1973.
    (k)  Sentence.
         (1)  Any   person  convicted  of  unlawful  sale  of
    firearms in  violation of paragraphs (c) (b) through  (h)
    commits a Class 4 felony.
         (2)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of paragraph (b) or (i)  commits  a
    Class 3 felony.
         (3)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of paragraph (a) or (i)  commits  a
    Class 2 3 felony.
         (4)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of paragraph (a), (b),  or  (i)  in
    any  school,  on  the  real property comprising a school,
    within 1,000 feet  of  the  real  property  comprising  a
    school,  at  a  school  related activity, or on or within
    1,000 feet of any conveyance owned, leased, or contracted
    by a school or school district to transport  students  to
    or from school or a school related activity regardless of
    the  time  of  day  or  time of year that the offense was
    committed commits a Class 1 felony.  Any person convicted
    of a second or subsequent violation of unlawful  sale  of
    firearms  in  violation  of paragraph (a), (b), or (i) in
    any school, on the real  property  comprising  a  school,
    within  1,000  feet  of  the  real  property comprising a
    school, at a school related activity,  or  on  or  within
    1,000 feet of any conveyance owned, leased, or contracted
    by  a  school or school district to transport students to
    or from school or a school related activity regardless of
    the time of day or time of  year  that  the  offense  was
    committed commits a Class 1 felony for which the sentence
    shall  be  a term of imprisonment of no less than 5 years
    and no more than 15 years.
         (5)  Any  person  convicted  of  unlawful  sale   of
    firearms  in  violation  of  paragraph  (a) or (i) in any
    school, regardless of the time of  day  or  the  time  of
    year,  in  residential  property  owned, operated, or and
    managed by a public housing agency, 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 and managed by a
    public housing agency, 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, or on any public way
    within 1,000 feet of the  real  property  comprising  any
    school,  public park, courthouse, or residential property
    owned, operated, or  and  managed  by  a  public  housing
    agency commits a Class 2 felony.
         (6)  For purposes of this Section:
              "School"  means  a public or private elementary
         or secondary school, community college, college,  or
         university.
              "School  related  activity" means any sporting,
         social,  academic,  or  other  activity  for   which
         students'  attendance or participation is sponsored,
         organized, or funded in whole or in part by a school
         or school district.
(Source: P.A. 88-680, eff. 1-1-95.)

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