101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0038

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-1  from Ch. 38, par. 9-1
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/24-1  from Ch. 38, par. 24-1

    Amends the Criminal Code of 2012. Provides that it is an aggravating factor in sentencing for first degree murder that the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that assault and battery committed in a church, synagogue, mosque, or other building, structure, or place used for religious worship are enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault under this provision is a Class A misdemeanor. Provides that aggravated battery under this provision is a Class 1 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly carries or possesses with intent to use the same unlawfully against another, any firearm, knife, or other dangerous weapon, in any school church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a violation is a Class 2 felony. Makes technical changes. Effective immediately.


LRB101 00237 SLF 45241 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0038LRB101 00237 SLF 45241 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
 
6    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
7    Sec. 9-1. First degree murder; death penalties;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals. First degree murder; death penalties;
10exceptions; separate hearings; proof; findings; appellate
11procedures; reversals.
12    (a) A person who kills an individual without lawful
13justification commits first degree murder if, in performing the
14acts which cause the death:
15        (1) he or she either intends to kill or do great bodily
16    harm to that individual or another, or knows that such acts
17    will cause death to that individual or another; or
18        (2) he or she knows that such acts create a strong
19    probability of death or great bodily harm to that
20    individual or another; or
21        (3) he or she is attempting or committing a forcible
22    felony other than second degree murder.
23    (b) Aggravating Factors. A defendant who at the time of the

 

 

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1commission of the offense has attained the age of 18 or more
2and who has been found guilty of first degree murder may be
3sentenced to death if:
4        (1) the murdered individual was a peace officer or
5    fireman killed in the course of performing his official
6    duties, to prevent the performance of his or her official
7    duties, or in retaliation for performing his or her
8    official duties, and the defendant knew or should have
9    known that the murdered individual was a peace officer or
10    fireman; or
11        (2) the murdered individual was an employee of an
12    institution or facility of the Department of Corrections,
13    or any similar local correctional agency, killed in the
14    course of performing his or her official duties, to prevent
15    the performance of his or her official duties, or in
16    retaliation for performing his or her official duties, or
17    the murdered individual was an inmate at such institution
18    or facility and was killed on the grounds thereof, or the
19    murdered individual was otherwise present in such
20    institution or facility with the knowledge and approval of
21    the chief administrative officer thereof; or
22        (3) the defendant has been convicted of murdering two
23    or more individuals under subsection (a) of this Section or
24    under any law of the United States or of any state which is
25    substantially similar to subsection (a) of this Section
26    regardless of whether the deaths occurred as the result of

 

 

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1    the same act or of several related or unrelated acts so
2    long as the deaths were the result of either an intent to
3    kill more than one person or of separate acts which the
4    defendant knew would cause death or create a strong
5    probability of death or great bodily harm to the murdered
6    individual or another; or
7        (4) the murdered individual was killed as a result of
8    the hijacking of an airplane, train, ship, bus, or other
9    public conveyance; or
10        (5) the defendant committed the murder pursuant to a
11    contract, agreement, or understanding by which he or she
12    was to receive money or anything of value in return for
13    committing the murder or procured another to commit the
14    murder for money or anything of value; or
15        (6) the murdered individual was killed in the course of
16    another felony if:
17            (a) the murdered individual:
18                (i) was actually killed by the defendant, or
19                (ii) received physical injuries personally
20            inflicted by the defendant substantially
21            contemporaneously with physical injuries caused by
22            one or more persons for whose conduct the defendant
23            is legally accountable under Section 5-2 of this
24            Code, and the physical injuries inflicted by
25            either the defendant or the other person or persons
26            for whose conduct he is legally accountable caused

 

 

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1            the death of the murdered individual; and
2            (b) in performing the acts which caused the death
3        of the murdered individual or which resulted in
4        physical injuries personally inflicted by the
5        defendant on the murdered individual under the
6        circumstances of subdivision (ii) of subparagraph (a)
7        of paragraph (6) of subsection (b) of this Section, the
8        defendant acted with the intent to kill the murdered
9        individual or with the knowledge that his acts created
10        a strong probability of death or great bodily harm to
11        the murdered individual or another; and
12            (c) the other felony was an inherently violent
13        crime or the attempt to commit an inherently violent
14        crime. In this subparagraph (c), "inherently violent
15        crime" includes, but is not limited to, armed robbery,
16        robbery, predatory criminal sexual assault of a child,
17        aggravated criminal sexual assault, aggravated
18        kidnapping, aggravated vehicular hijacking, aggravated
19        arson, aggravated stalking, residential burglary, and
20        home invasion; or
21        (7) the murdered individual was under 12 years of age
22    and the death resulted from exceptionally brutal or heinous
23    behavior indicative of wanton cruelty; or
24        (8) the defendant committed the murder with intent to
25    prevent the murdered individual from testifying or
26    participating in any criminal investigation or prosecution

 

 

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1    or giving material assistance to the State in any
2    investigation or prosecution, either against the defendant
3    or another; or the defendant committed the murder because
4    the murdered individual was a witness in any prosecution or
5    gave material assistance to the State in any investigation
6    or prosecution, either against the defendant or another;
7    for purposes of this paragraph (8), "participating in any
8    criminal investigation or prosecution" is intended to
9    include those appearing in the proceedings in any capacity
10    such as trial judges, prosecutors, defense attorneys,
11    investigators, witnesses, or jurors; or
12        (9) the defendant, while committing an offense
13    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
14    407 or 407.1 or subsection (b) of Section 404 of the
15    Illinois Controlled Substances Act, or while engaged in a
16    conspiracy or solicitation to commit such offense,
17    intentionally killed an individual or counseled,
18    commanded, induced, procured or caused the intentional
19    killing of the murdered individual; or
20        (10) the defendant was incarcerated in an institution
21    or facility of the Department of Corrections at the time of
22    the murder, and while committing an offense punishable as a
23    felony under Illinois law, or while engaged in a conspiracy
24    or solicitation to commit such offense, intentionally
25    killed an individual or counseled, commanded, induced,
26    procured or caused the intentional killing of the murdered

 

 

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1    individual; or
2        (11) the murder was committed in a cold, calculated and
3    premeditated manner pursuant to a preconceived plan,
4    scheme or design to take a human life by unlawful means,
5    and the conduct of the defendant created a reasonable
6    expectation that the death of a human being would result
7    therefrom; or
8        (12) the murdered individual was an emergency medical
9    technician - ambulance, emergency medical technician -
10    intermediate, emergency medical technician - paramedic,
11    ambulance driver, or other medical assistance or first aid
12    personnel, employed by a municipality or other
13    governmental unit, killed in the course of performing his
14    official duties, to prevent the performance of his official
15    duties, or in retaliation for performing his official
16    duties, and the defendant knew or should have known that
17    the murdered individual was an emergency medical
18    technician - ambulance, emergency medical technician -
19    intermediate, emergency medical technician - paramedic,
20    ambulance driver, or other medical assistance or first aid
21    personnel; or
22        (13) the defendant was a principal administrator,
23    organizer, or leader of a calculated criminal drug
24    conspiracy consisting of a hierarchical position of
25    authority superior to that of all other members of the
26    conspiracy, and the defendant counseled, commanded,

 

 

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1    induced, procured, or caused the intentional killing of the
2    murdered person; or
3        (14) the murder was intentional and involved the
4    infliction of torture. For the purpose of this Section
5    torture means the infliction of or subjection to extreme
6    physical pain, motivated by an intent to increase or
7    prolong the pain, suffering or agony of the victim; or
8        (15) the murder was committed as a result of the
9    intentional discharge of a firearm by the defendant from a
10    motor vehicle and the victim was not present within the
11    motor vehicle; or
12        (16) the murdered individual was 60 years of age or
13    older and the death resulted from exceptionally brutal or
14    heinous behavior indicative of wanton cruelty; or
15        (17) the murdered individual was a person with a
16    disability and the defendant knew or should have known that
17    the murdered individual was a person with a disability. For
18    purposes of this paragraph (17), "person with a disability"
19    means a person who suffers from a permanent physical or
20    mental impairment resulting from disease, an injury, a
21    functional disorder, or a congenital condition that
22    renders the person incapable of adequately providing for
23    his or her own health or personal care; or
24        (18) the murder was committed by reason of any person's
25    activity as a community policing volunteer or to prevent
26    any person from engaging in activity as a community

 

 

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1    policing volunteer; or
2        (19) the murdered individual was subject to an order of
3    protection and the murder was committed by a person against
4    whom the same order of protection was issued under the
5    Illinois Domestic Violence Act of 1986; or
6        (20) the murdered individual was known by the defendant
7    to be a teacher or other person employed in any school and
8    the teacher or other employee is upon the grounds of a
9    school or grounds adjacent to a school, or is in any part
10    of a building used for school purposes; or
11        (21) the murder was committed by the defendant in
12    connection with or as a result of the offense of terrorism
13    as defined in Section 29D-14.9 of this Code; or .
14        (22) the murdered individual was a member of a
15    congregation engaged in prayer or other religious
16    activities at a church, synagogue, mosque, or other
17    building, structure, or place used for religious worship.
18    (b-5) Aggravating Factor; Natural Life Imprisonment. A
19defendant who has been found guilty of first degree murder and
20who at the time of the commission of the offense had attained
21the age of 18 years or more may be sentenced to natural life
22imprisonment if (i) the murdered individual was a physician,
23physician assistant, psychologist, nurse, or advanced practice
24registered nurse, (ii) the defendant knew or should have known
25that the murdered individual was a physician, physician
26assistant, psychologist, nurse, or advanced practice

 

 

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1registered nurse, and (iii) the murdered individual was killed
2in the course of acting in his or her capacity as a physician,
3physician assistant, psychologist, nurse, or advanced practice
4registered nurse, or to prevent him or her from acting in that
5capacity, or in retaliation for his or her acting in that
6capacity.
7     (c) Consideration of factors in Aggravation and
8Mitigation.
9    The court shall consider, or shall instruct the jury to
10consider any aggravating and any mitigating factors which are
11relevant to the imposition of the death penalty. Aggravating
12factors may include but need not be limited to those factors
13set forth in subsection (b). Mitigating factors may include but
14need not be limited to the following:
15        (1) the defendant has no significant history of prior
16    criminal activity;
17        (2) the murder was committed while the defendant was
18    under the influence of extreme mental or emotional
19    disturbance, although not such as to constitute a defense
20    to prosecution;
21        (3) the murdered individual was a participant in the
22    defendant's homicidal conduct or consented to the
23    homicidal act;
24        (4) the defendant acted under the compulsion of threat
25    or menace of the imminent infliction of death or great
26    bodily harm;

 

 

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1        (5) the defendant was not personally present during
2    commission of the act or acts causing death;
3        (6) the defendant's background includes a history of
4    extreme emotional or physical abuse;
5        (7) the defendant suffers from a reduced mental
6    capacity.
7    Provided, however, that an action that does not otherwise
8mitigate first degree murder cannot qualify as a mitigating
9factor for first degree murder because of the discovery,
10knowledge, or disclosure of the victim's sexual orientation as
11defined in Section 1-103 of the Illinois Human Rights Act.
12    (d) Separate sentencing hearing.
13    Where requested by the State, the court shall conduct a
14separate sentencing proceeding to determine the existence of
15factors set forth in subsection (b) and to consider any
16aggravating or mitigating factors as indicated in subsection
17(c). The proceeding shall be conducted:
18        (1) before the jury that determined the defendant's
19    guilt; or
20        (2) before a jury impanelled for the purpose of the
21    proceeding if:
22            A. the defendant was convicted upon a plea of
23        guilty; or
24            B. the defendant was convicted after a trial before
25        the court sitting without a jury; or
26            C. the court for good cause shown discharges the

 

 

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1        jury that determined the defendant's guilt; or
2        (3) before the court alone if the defendant waives a
3    jury for the separate proceeding.
4    (e) Evidence and Argument.
5    During the proceeding any information relevant to any of
6the factors set forth in subsection (b) may be presented by
7either the State or the defendant under the rules governing the
8admission of evidence at criminal trials. Any information
9relevant to any additional aggravating factors or any
10mitigating factors indicated in subsection (c) may be presented
11by the State or defendant regardless of its admissibility under
12the rules governing the admission of evidence at criminal
13trials. The State and the defendant shall be given fair
14opportunity to rebut any information received at the hearing.
15    (f) Proof.
16    The burden of proof of establishing the existence of any of
17the factors set forth in subsection (b) is on the State and
18shall not be satisfied unless established beyond a reasonable
19doubt.
20    (g) Procedure - Jury.
21    If at the separate sentencing proceeding the jury finds
22that none of the factors set forth in subsection (b) exists,
23the court shall sentence the defendant to a term of
24imprisonment under Chapter V of the Unified Code of
25Corrections. If there is a unanimous finding by the jury that
26one or more of the factors set forth in subsection (b) exist,

 

 

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1the jury shall consider aggravating and mitigating factors as
2instructed by the court and shall determine whether the
3sentence of death shall be imposed. If the jury determines
4unanimously, after weighing the factors in aggravation and
5mitigation, that death is the appropriate sentence, the court
6shall sentence the defendant to death. If the court does not
7concur with the jury determination that death is the
8appropriate sentence, the court shall set forth reasons in
9writing including what facts or circumstances the court relied
10upon, along with any relevant documents, that compelled the
11court to non-concur with the sentence. This document and any
12attachments shall be part of the record for appellate review.
13The court shall be bound by the jury's sentencing
14determination.
15    If after weighing the factors in aggravation and
16mitigation, one or more jurors determines that death is not the
17appropriate sentence, the court shall sentence the defendant to
18a term of imprisonment under Chapter V of the Unified Code of
19Corrections.
20    (h) Procedure - No Jury.
21    In a proceeding before the court alone, if the court finds
22that none of the factors found in subsection (b) exists, the
23court shall sentence the defendant to a term of imprisonment
24under Chapter V of the Unified Code of Corrections.
25    If the Court determines that one or more of the factors set
26forth in subsection (b) exists, the Court shall consider any

 

 

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1aggravating and mitigating factors as indicated in subsection
2(c). If the Court determines, after weighing the factors in
3aggravation and mitigation, that death is the appropriate
4sentence, the Court shall sentence the defendant to death.
5    If the court finds that death is not the appropriate
6sentence, the court shall sentence the defendant to a term of
7imprisonment under Chapter V of the Unified Code of
8Corrections.
9    (h-5) Decertification as a capital case.
10    In a case in which the defendant has been found guilty of
11first degree murder by a judge or jury, or a case on remand for
12resentencing, and the State seeks the death penalty as an
13appropriate sentence, on the court's own motion or the written
14motion of the defendant, the court may decertify the case as a
15death penalty case if the court finds that the only evidence
16supporting the defendant's conviction is the uncorroborated
17testimony of an informant witness, as defined in Section 115-21
18of the Code of Criminal Procedure of 1963, concerning the
19confession or admission of the defendant or that the sole
20evidence against the defendant is a single eyewitness or single
21accomplice without any other corroborating evidence. If the
22court decertifies the case as a capital case under either of
23the grounds set forth above, the court shall issue a written
24finding. The State may pursue its right to appeal the
25decertification pursuant to Supreme Court Rule 604(a)(1). If
26the court does not decertify the case as a capital case, the

 

 

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1matter shall proceed to the eligibility phase of the sentencing
2hearing.
3    (i) Appellate Procedure.
4    The conviction and sentence of death shall be subject to
5automatic review by the Supreme Court. Such review shall be in
6accordance with rules promulgated by the Supreme Court. The
7Illinois Supreme Court may overturn the death sentence, and
8order the imposition of imprisonment under Chapter V of the
9Unified Code of Corrections if the court finds that the death
10sentence is fundamentally unjust as applied to the particular
11case. If the Illinois Supreme Court finds that the death
12sentence is fundamentally unjust as applied to the particular
13case, independent of any procedural grounds for relief, the
14Illinois Supreme Court shall issue a written opinion explaining
15this finding.
16    (j) Disposition of reversed death sentence.
17    In the event that the death penalty in this Act is held to
18be unconstitutional by the Supreme Court of the United States
19or of the State of Illinois, any person convicted of first
20degree murder shall be sentenced by the court to a term of
21imprisonment under Chapter V of the Unified Code of
22Corrections.
23    In the event that any death sentence pursuant to the
24sentencing provisions of this Section is declared
25unconstitutional by the Supreme Court of the United States or
26of the State of Illinois, the court having jurisdiction over a

 

 

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1person previously sentenced to death shall cause the defendant
2to be brought before the court, and the court shall sentence
3the defendant to a term of imprisonment under Chapter V of the
4Unified Code of Corrections.
5    (k) Guidelines for seeking the death penalty.
6    The Attorney General and State's Attorneys Association
7shall consult on voluntary guidelines for procedures governing
8whether or not to seek the death penalty. The guidelines do not
9have the force of law and are only advisory in nature.
10(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
11100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
12    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
13    Sec. 12-2. Aggravated assault.
14    (a) Offense based on location of conduct. A person commits
15aggravated assault when he or she commits an assault against an
16individual who is on or about a public way, public property, a
17public place of accommodation or amusement, or a sports venue,
18or in a church, synagogue, mosque, or other building,
19structure, or place used for religious worship.
20    (b) Offense based on status of victim. A person commits
21aggravated assault when, in committing an assault, he or she
22knows the individual assaulted to be any of the following:
23        (1) A person with a physical disability or a person 60
24    years of age or older and the assault is without legal
25    justification.

 

 

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1        (2) A teacher or school employee upon school grounds or
2    grounds adjacent to a school or in any part of a building
3    used for school purposes.
4        (3) A park district employee upon park grounds or
5    grounds adjacent to a park or in any part of a building
6    used for park purposes.
7        (4) A community policing volunteer, private security
8    officer, or utility worker:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or her
11        official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (4.1) A peace officer, fireman, emergency management
15    worker, or emergency medical services personnel:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or her
18        official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (5) A correctional officer or probation officer:
22            (i) performing his or her official duties;
23            (ii) assaulted to prevent performance of his or her
24        official duties; or
25            (iii) assaulted in retaliation for performing his
26        or her official duties.

 

 

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1        (6) A correctional institution employee, a county
2    juvenile detention center employee who provides direct and
3    continuous supervision of residents of a juvenile
4    detention center, including a county juvenile detention
5    center employee who supervises recreational activity for
6    residents of a juvenile detention center, or a Department
7    of Human Services employee, Department of Human Services
8    officer, or employee of a subcontractor of the Department
9    of Human Services supervising or controlling sexually
10    dangerous persons or sexually violent persons:
11            (i) performing his or her official duties;
12            (ii) assaulted to prevent performance of his or her
13        official duties; or
14            (iii) assaulted in retaliation for performing his
15        or her official duties.
16        (7) An employee of the State of Illinois, a municipal
17    corporation therein, or a political subdivision thereof,
18    performing his or her official duties.
19        (8) A transit employee performing his or her official
20    duties, or a transit passenger.
21        (9) A sports official or coach actively participating
22    in any level of athletic competition within a sports venue,
23    on an indoor playing field or outdoor playing field, or
24    within the immediate vicinity of such a facility or field.
25        (10) A person authorized to serve process under Section
26    2-202 of the Code of Civil Procedure or a special process

 

 

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1    server appointed by the circuit court, while that
2    individual is in the performance of his or her duties as a
3    process server.
4    (c) Offense based on use of firearm, device, or motor
5vehicle. A person commits aggravated assault when, in
6committing an assault, he or she does any of the following:
7        (1) Uses a deadly weapon, an air rifle as defined in
8    Section 24.8-0.1 of this Act, or any device manufactured
9    and designed to be substantially similar in appearance to a
10    firearm, other than by discharging a firearm.
11        (2) Discharges a firearm, other than from a motor
12    vehicle.
13        (3) Discharges a firearm from a motor vehicle.
14        (4) Wears a hood, robe, or mask to conceal his or her
15    identity.
16        (5) Knowingly and without lawful justification shines
17    or flashes a laser gun sight or other laser device attached
18    to a firearm, or used in concert with a firearm, so that
19    the laser beam strikes near or in the immediate vicinity of
20    any person.
21        (6) Uses a firearm, other than by discharging the
22    firearm, against a peace officer, community policing
23    volunteer, fireman, private security officer, emergency
24    management worker, emergency medical services personnel,
25    employee of a police department, employee of a sheriff's
26    department, or traffic control municipal employee:

 

 

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1            (i) performing his or her official duties;
2            (ii) assaulted to prevent performance of his or her
3        official duties; or
4            (iii) assaulted in retaliation for performing his
5        or her official duties.
6        (7) Without justification operates a motor vehicle in a
7    manner which places a person, other than a person listed in
8    subdivision (b)(4), in reasonable apprehension of being
9    struck by the moving motor vehicle.
10        (8) Without justification operates a motor vehicle in a
11    manner which places a person listed in subdivision (b)(4),
12    in reasonable apprehension of being struck by the moving
13    motor vehicle.
14        (9) Knowingly video or audio records the offense with
15    the intent to disseminate the recording.
16    (d) Sentence. Aggravated assault as defined in subdivision
17(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
18(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
19aggravated assault as defined in subdivision (b)(4) and (b)(7)
20is a Class 4 felony if a Category I, Category II, or Category
21III weapon is used in the commission of the assault. Aggravated
22assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
23(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
24Aggravated assault as defined in subdivision (c)(3) or (c)(8)
25is a Class 3 felony.
26    (e) For the purposes of this Section, "Category I weapon",

 

 

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1"Category II weapon, and "Category III weapon" have the
2meanings ascribed to those terms in Section 33A-1 of this Code.
3(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
4eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
599-816, eff. 8-15-16.)
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability or
13    disfigurement.
14        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological
17    or chemical contaminant or agent, a radioactive substance,
18    or a bomb or explosive compound.
19        (3) Causes great bodily harm or permanent disability or
20    disfigurement to an individual whom the person knows to be
21    a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, or Department of Human Services employee
24    supervising or controlling sexually dangerous persons or
25    sexually violent persons:

 

 

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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (4) Causes great bodily harm or permanent disability or
7    disfigurement to an individual 60 years of age or older.
8        (5) Strangles another individual.
9    (b) Offense based on injury to a child or person with an
10intellectual disability. A person who is at least 18 years of
11age commits aggravated battery when, in committing a battery,
12he or she knowingly and without legal justification by any
13means:
14        (1) causes great bodily harm or permanent disability or
15    disfigurement to any child under the age of 13 years, or to
16    any person with a severe or profound intellectual
17    disability; or
18        (2) causes bodily harm or disability or disfigurement
19    to any child under the age of 13 years or to any person
20    with a severe or profound intellectual disability.
21    (c) Offense based on location of conduct. A person commits
22aggravated battery when, in committing a battery, other than by
23the discharge of a firearm, he or she is or the person battered
24is on or about a public way, public property, a public place of
25accommodation or amusement, a sports venue, or a domestic
26violence shelter, or in a church, synagogue, mosque, or other

 

 

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1building, structure, or place used for religious worship.
2    (d) Offense based on status of victim. A person commits
3aggravated battery when, in committing a battery, other than by
4discharge of a firearm, he or she knows the individual battered
5to be any of the following:
6        (1) A person 60 years of age or older.
7        (2) A person who is pregnant or has a physical
8    disability.
9        (3) A teacher or school employee upon school grounds or
10    grounds adjacent to a school or in any part of a building
11    used for school purposes.
12        (4) A peace officer, community policing volunteer,
13    fireman, private security officer, correctional
14    institution employee, or Department of Human Services
15    employee supervising or controlling sexually dangerous
16    persons or sexually violent persons:
17            (i) performing his or her official duties;
18            (ii) battered to prevent performance of his or her
19        official duties; or
20            (iii) battered in retaliation for performing his
21        or her official duties.
22        (5) A judge, emergency management worker, emergency
23    medical services personnel, or utility worker:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

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1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (6) An officer or employee of the State of Illinois, a
4    unit of local government, or a school district, while
5    performing his or her official duties.
6        (7) A transit employee performing his or her official
7    duties, or a transit passenger.
8        (8) A taxi driver on duty.
9        (9) A merchant who detains the person for an alleged
10    commission of retail theft under Section 16-26 of this Code
11    and the person without legal justification by any means
12    causes bodily harm to the merchant.
13        (10) A person authorized to serve process under Section
14    2-202 of the Code of Civil Procedure or a special process
15    server appointed by the circuit court while that individual
16    is in the performance of his or her duties as a process
17    server.
18        (11) A nurse while in the performance of his or her
19    duties as a nurse.
20    (e) Offense based on use of a firearm. A person commits
21aggravated battery when, in committing a battery, he or she
22knowingly does any of the following:
23        (1) Discharges a firearm, other than a machine gun or a
24    firearm equipped with a silencer, and causes any injury to
25    another person.
26        (2) Discharges a firearm, other than a machine gun or a

 

 

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1    firearm equipped with a silencer, and causes any injury to
2    a person he or she knows to be a peace officer, community
3    policing volunteer, person summoned by a police officer,
4    fireman, private security officer, correctional
5    institution employee, or emergency management worker:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (3) Discharges a firearm, other than a machine gun or a
12    firearm equipped with a silencer, and causes any injury to
13    a person he or she knows to be emergency medical services
14    personnel:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (4) Discharges a firearm and causes any injury to a
21    person he or she knows to be a teacher, a student in a
22    school, or a school employee, and the teacher, student, or
23    employee is upon school grounds or grounds adjacent to a
24    school or in any part of a building used for school
25    purposes.
26        (5) Discharges a machine gun or a firearm equipped with

 

 

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1    a silencer, and causes any injury to another person.
2        (6) Discharges a machine gun or a firearm equipped with
3    a silencer, and causes any injury to a person he or she
4    knows to be a peace officer, community policing volunteer,
5    person summoned by a police officer, fireman, private
6    security officer, correctional institution employee or
7    emergency management worker:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (7) Discharges a machine gun or a firearm equipped with
14    a silencer, and causes any injury to a person he or she
15    knows to be emergency medical services personnel:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (8) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to a person he or she
23    knows to be a teacher, or a student in a school, or a
24    school employee, and the teacher, student, or employee is
25    upon school grounds or grounds adjacent to a school or in
26    any part of a building used for school purposes.

 

 

HB0038- 26 -LRB101 00237 SLF 45241 b

1    (f) Offense based on use of a weapon or device. A person
2commits aggravated battery when, in committing a battery, he or
3she does any of the following:
4        (1) Uses a deadly weapon other than by discharge of a
5    firearm, or uses an air rifle as defined in Section
6    24.8-0.1 of this Code.
7        (2) Wears a hood, robe, or mask to conceal his or her
8    identity.
9        (3) Knowingly and without lawful justification shines
10    or flashes a laser gunsight or other laser device attached
11    to a firearm, or used in concert with a firearm, so that
12    the laser beam strikes upon or against the person of
13    another.
14        (4) Knowingly video or audio records the offense with
15    the intent to disseminate the recording.
16    (g) Offense based on certain conduct. A person commits
17aggravated battery when, other than by discharge of a firearm,
18he or she does any of the following:
19        (1) Violates Section 401 of the Illinois Controlled
20    Substances Act by unlawfully delivering a controlled
21    substance to another and any user experiences great bodily
22    harm or permanent disability as a result of the injection,
23    inhalation, or ingestion of any amount of the controlled
24    substance.
25        (2) Knowingly administers to an individual or causes
26    him or her to take, without his or her consent or by threat

 

 

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1    or deception, and for other than medical purposes, any
2    intoxicating, poisonous, stupefying, narcotic, anesthetic,
3    or controlled substance, or gives to another person any
4    food containing any substance or object intended to cause
5    physical injury if eaten.
6        (3) Knowingly causes or attempts to cause a
7    correctional institution employee or Department of Human
8    Services employee to come into contact with blood, seminal
9    fluid, urine, or feces by throwing, tossing, or expelling
10    the fluid or material, and the person is an inmate of a
11    penal institution or is a sexually dangerous person or
12    sexually violent person in the custody of the Department of
13    Human Services.
14    (h) Sentence. Unless otherwise provided, aggravated
15battery is a Class 3 felony.
16    Aggravated battery as defined in subdivision (a)(4),
17(d)(4), or (g)(3) is a Class 2 felony.
18    Aggravated battery as defined in subdivision (a)(3) or
19(g)(1) is a Class 1 felony.
20    Aggravated battery as defined in subdivision (a)(1) is a
21Class 1 felony when the aggravated battery was intentional and
22involved the infliction of torture, as defined in paragraph
23(14) of subsection (b) of Section 9-1 of this Code, as the
24infliction of or subjection to extreme physical pain, motivated
25by an intent to increase or prolong the pain, suffering, or
26agony of the victim.

 

 

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1    Aggravated battery as defined in subdivision (a)(1) is a
2Class 1 felony when the person causes great bodily harm or
3permanent disability to an individual whom the person knows to
4be a member of a congregation engaged in prayer or other
5religious activities at a church, synagogue, mosque, or other
6building, structure, or place used for religious worship.
7    Aggravated battery under subdivision (a)(5) is a Class 1
8felony if:
9        (A) the person used or attempted to use a dangerous
10    instrument while committing the offense; or
11        (B) the person caused great bodily harm or permanent
12    disability or disfigurement to the other person while
13    committing the offense; or
14        (C) the person has been previously convicted of a
15    violation of subdivision (a)(5) under the laws of this
16    State or laws similar to subdivision (a)(5) of any other
17    state.
18    Aggravated battery as defined in subdivision (e)(1) is a
19Class X felony.
20    Aggravated battery as defined in subdivision (a)(2) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 6 years and a maximum of 45
23years.
24    Aggravated battery as defined in subdivision (e)(5) is a
25Class X felony for which a person shall be sentenced to a term
26of imprisonment of a minimum of 12 years and a maximum of 45

 

 

HB0038- 29 -LRB101 00237 SLF 45241 b

1years.
2    Aggravated battery as defined in subdivision (e)(2),
3(e)(3), or (e)(4) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 15 years
5and a maximum of 60 years.
6    Aggravated battery as defined in subdivision (e)(6),
7(e)(7), or (e)(8) is a Class X felony for which a person shall
8be sentenced to a term of imprisonment of a minimum of 20 years
9and a maximum of 60 years.
10    Aggravated battery as defined in subdivision (b)(1) is a
11Class X felony, except that:
12        (1) if the person committed the offense while armed
13    with a firearm, 15 years shall be added to the term of
14    imprisonment imposed by the court;
15        (2) if, during the commission of the offense, the
16    person personally discharged a firearm, 20 years shall be
17    added to the term of imprisonment imposed by the court;
18        (3) if, during the commission of the offense, the
19    person personally discharged a firearm that proximately
20    caused great bodily harm, permanent disability, permanent
21    disfigurement, or death to another person, 25 years or up
22    to a term of natural life shall be added to the term of
23    imprisonment imposed by the court.
24    (i) Definitions. In For the purposes of this Section:
25    "Building or other structure used to provide shelter" has
26the meaning ascribed to "shelter" in Section 1 of the Domestic

 

 

HB0038- 30 -LRB101 00237 SLF 45241 b

1Violence Shelters Act.
2    "Domestic violence" has the meaning ascribed to it in
3Section 103 of the Illinois Domestic Violence Act of 1986.
4    "Domestic violence shelter" means any building or other
5structure used to provide shelter or other services to victims
6or to the dependent children of victims of domestic violence
7pursuant to the Illinois Domestic Violence Act of 1986 or the
8Domestic Violence Shelters Act, or any place within 500 feet of
9such a building or other structure in the case of a person who
10is going to or from such a building or other structure.
11    "Firearm" has the meaning provided under Section 1.1 of the
12Firearm Owners Identification Card Act, and does not include an
13air rifle as defined by Section 24.8-0.1 of this Code.
14    "Machine gun" has the meaning ascribed to it in Section
1524-1 of this Code.
16    "Merchant" has the meaning ascribed to it in Section 16-0.1
17of this Code.
18    "Strangle" means intentionally impeding the normal
19breathing or circulation of the blood of an individual by
20applying pressure on the throat or neck of that individual or
21by blocking the nose or mouth of that individual.
22(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
23eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
24    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
25    Sec. 24-1. Unlawful use of weapons.

 

 

HB0038- 31 -LRB101 00237 SLF 45241 b

1    (a) A person commits the offense of unlawful use of weapons
2when he knowingly:
3        (1) Sells, manufactures, purchases, possesses or
4    carries any bludgeon, black-jack, slung-shot, sand-club,
5    sand-bag, metal knuckles or other knuckle weapon
6    regardless of its composition, throwing star, or any knife,
7    commonly referred to as a switchblade knife, which has a
8    blade that opens automatically by hand pressure applied to
9    a button, spring or other device in the handle of the
10    knife, or a ballistic knife, which is a device that propels
11    a knifelike blade as a projectile by means of a coil
12    spring, elastic material or compressed gas; or
13        (2) Carries or possesses with intent to use the same
14    unlawfully against another, a dagger, dirk, billy,
15    dangerous knife, razor, stiletto, broken bottle or other
16    piece of glass, stun gun or taser or any other dangerous or
17    deadly weapon or instrument of like character; or
18        (2.5) Carries or possesses with intent to use the same
19    unlawfully against another, any firearm, knife, or other
20    dangerous weapon, in any school, church, synagogue,
21    mosque, or other building, structure, or place used for
22    religious worship; or
23        (3) Carries on or about his person or in any vehicle, a
24    tear gas gun projector or bomb or any object containing
25    noxious liquid gas or substance, other than an object
26    containing a non-lethal noxious liquid gas or substance

 

 

HB0038- 32 -LRB101 00237 SLF 45241 b

1    designed solely for personal defense carried by a person 18
2    years of age or older; or
3        (4) Carries or possesses in any vehicle or concealed on
4    or about his person except when on his land or in his own
5    abode, legal dwelling, or fixed place of business, or on
6    the land or in the legal dwelling of another person as an
7    invitee with that person's permission, any pistol,
8    revolver, stun gun or taser or other firearm, except that
9    this subsection (a) (4) does not apply to or affect
10    transportation of weapons that meet one of the following
11    conditions:
12            (i) are broken down in a non-functioning state; or
13            (ii) are not immediately accessible; or
14            (iii) are unloaded and enclosed in a case, firearm
15        carrying box, shipping box, or other container by a
16        person who has been issued a currently valid Firearm
17        Owner's Identification Card; or
18            (iv) are carried or possessed in accordance with
19        the Firearm Concealed Carry Act by a person who has
20        been issued a currently valid license under the Firearm
21        Concealed Carry Act; or
22        (5) Sets a spring gun; or
23        (6) Possesses any device or attachment of any kind
24    designed, used or intended for use in silencing the report
25    of any firearm; or
26        (7) Sells, manufactures, purchases, possesses or

 

 

HB0038- 33 -LRB101 00237 SLF 45241 b

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

 

 

HB0038- 34 -LRB101 00237 SLF 45241 b

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

 

 

HB0038- 35 -LRB101 00237 SLF 45241 b

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

 

 

HB0038- 36 -LRB101 00237 SLF 45241 b

1    bullet. For purposes of this paragraph (a) "explosive
2    bullet" means the projectile portion of an ammunition
3    cartridge which contains or carries an explosive charge
4    which will explode upon contact with the flesh of a human
5    or an animal. "Cartridge" means a tubular metal case having
6    a projectile affixed at the front thereof and a cap or
7    primer at the rear end thereof, with the propellant
8    contained in such tube between the projectile and the cap;
9    or
10        (12) (Blank); or
11        (13) Carries or possesses on or about his or her person
12    while in a building occupied by a unit of government, a
13    billy club, other weapon of like character, or other
14    instrument of like character intended for use as a weapon.
15    For the purposes of this Section, "billy club" means a
16    short stick or club commonly carried by police officers
17    which is either telescopic or constructed of a solid piece
18    of wood or other man-made material.
19    (b) Sentence. A person convicted of a violation of
20subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22Class A misdemeanor. A person convicted of a violation of
23subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
24person convicted of a violation of subsection 24-1(a)(6) or
2524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
26convicted of a violation of subsection 24-1(a)(7)(i) commits a

 

 

HB0038- 37 -LRB101 00237 SLF 45241 b

1Class 2 felony and shall be sentenced to a term of imprisonment
2of not less than 3 years and not more than 7 years, unless the
3weapon is possessed in the passenger compartment of a motor
4vehicle as defined in Section 1-146 of the Illinois Vehicle
5Code, or on the person, while the weapon is loaded, in which
6case it shall be a Class X felony. A person convicted of a
7second or subsequent violation of subsection 24-1(a)(4),
824-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
9felony. A person convicted of a violation of subsection
1024-1(a)(2.5) commits a Class 2 felony. The possession of each
11weapon in violation of this Section constitutes a single and
12separate violation.
13    (c) Violations in specific places.
14        (1) A person who violates subsection 24-1(a)(6) or
15    24-1(a)(7) in any school, regardless of the time of day or
16    the time of year, in residential property owned, operated
17    or managed by a public housing agency or leased by a public
18    housing agency as part of a scattered site or mixed-income
19    development, in a public park, in a courthouse, on the real
20    property comprising any school, regardless of the time of
21    day or the time of year, on residential property owned,
22    operated or managed by a public housing agency or leased by
23    a public housing agency as part of a scattered site or
24    mixed-income development, on the real property comprising
25    any public park, on the real property comprising any
26    courthouse, in any conveyance owned, leased or contracted

 

 

HB0038- 38 -LRB101 00237 SLF 45241 b

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

 

 

HB0038- 39 -LRB101 00237 SLF 45241 b

1    any conveyance owned, leased, or contracted by a public
2    transportation agency, or on any public way within 1,000
3    feet of the real property comprising any school, public
4    park, courthouse, public transportation facility, or
5    residential property owned, operated, or managed by a
6    public housing agency or leased by a public housing agency
7    as part of a scattered site or mixed-income development
8    commits a Class 3 felony.
9        (2) A person who violates subsection 24-1(a)(1),
10    24-1(a)(2), or 24-1(a)(3) 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 public
18    housing agency or leased by a public housing agency as part
19    of a scattered site or mixed-income development, on the
20    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

 

 

HB0038- 40 -LRB101 00237 SLF 45241 b

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

 

 

HB0038- 41 -LRB101 00237 SLF 45241 b

1    where one may obtain public transportation.
2    (d) The presence in an automobile other than a public
3omnibus of any weapon, instrument or substance referred to in
4subsection (a)(7) is prima facie evidence that it is in the
5possession of, and is being carried by, all persons occupying
6such automobile at the time such weapon, instrument or
7substance is found, except under the following circumstances:
8(i) if such weapon, instrument or instrumentality is found upon
9the person of one of the occupants therein; or (ii) if such
10weapon, instrument or substance is found in an automobile
11operated for hire by a duly licensed driver in the due, lawful
12and proper pursuit of his or her trade, then such presumption
13shall not apply to the driver.
14    (e) Exemptions.
15        (1) Crossbows, Common or Compound bows and Underwater
16    Spearguns are exempted from the definition of ballistic
17    knife as defined in paragraph (1) of subsection (a) of this
18    Section.
19        (2) The provision of paragraph (1) of subsection (a) of
20    this Section prohibiting the sale, manufacture, purchase,
21    possession, or carrying of any knife, commonly referred to
22    as a switchblade knife, which has a blade that opens
23    automatically by hand pressure applied to a button, spring
24    or other device in the handle of the knife, does not apply
25    to a person who possesses a currently valid Firearm Owner's
26    Identification Card previously issued in his or her name by

 

 

HB0038- 42 -LRB101 00237 SLF 45241 b

1    the Department of State Police or to a person or an entity
2    engaged in the business of selling or manufacturing
3    switchblade knives.
4(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.