SB0556sam002 100TH GENERAL ASSEMBLY

Sen. Antonio Muñoz

Filed: 5/22/2017

10000SB0556sam002 LRB100 04869 RLC 26743 a

AMENDMENT TO SENATE BILL 556

AMENDMENT NO. ______. Amend Senate Bill 556 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by changing Section 24-1.6 as follows:

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

(1) carries Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her 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 firearm other than a semi-automatic assault weapon pistol, revolver, stun gun, or taser or other firearm; or

(2) carries Carries or possesses on or about his or her 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 the such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her 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 firearm other than a semi-automatic assault weapon pistol, revolver, stun gun, or taser or other firearm; and

(3) one One of the following factors is present:

(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or

(A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or

(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or

(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or

(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had an a order of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under 21 years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

(a-4) A person commits aggravated unlawful use of a weapon when he or she knowingly:

(1) carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her 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 semi-automatic assault weapon; or

(2) carries or possesses on or about his or her 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 the semi-automatic assault weapon or the lawful commerce in semi-automatic assault weapons, or except when on his or her own land or in his or her 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 semi-automatic assault weapon; and

(3) one of the following factors is present:

(A) the semi-automatic assault weapon, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or

(B) a semi-automatic assault weapon that is a pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the semi-automatic assault weapon has not been issued a currently valid license under the Firearm Concealed Carry Act; or

(C) the semi-automatic assault weapon, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the semi-automatic assault weapon was immediately accessible at the time of the offense; or

(D) a semi-automatic assault weapon that is a pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the semi-automatic assault weapon was immediately accessible at the time of the offense and the person possessing the semi-automatic assault weapon has not been issued a currently valid license under the Firearm Concealed Carry Act; or

(E) the person possessing the semi-automatic assault weapon has not been issued a currently valid Firearm Owner's Identification Card; or

(F) the person possessing the semi-automatic assault weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(G) the person possessing the semi-automatic assault weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(H) the person possessing the semi-automatic assault weapon had an order of protection issued against him or her within the previous 2 years; or

(I) the person possessing the semi-automatic assault weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(J) the person possessing the semi-automatic assault weapon was under 21 years of age and in possession of a semi-automatic assault weapon handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

(a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.

"Semi-automatic assault weapon" as used in this Section means:

(1) any of the firearms or types, replicas, or duplicates regardless of caliber, known as:

(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(B) Action Arms Israeli Military Industries UZI and Galil;

(C) Beretta AR-70 (SC-70);

(D) Colt AR-15;

(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(F) SWD M-10, M-11, M-11/9, and M-12;

(G) Steyr AUG;

(H) INTRATEC TEC-9, TEC-DC9, and TEC-22; or

(I) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(2) a semi-automatic rifle or pump action rifle that has an ability to accept a detachable magazine and has any of the following:

(A) a folding or telescoping stock;

(B) a pistol grip or thumbhole stock;

(C) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(3) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(A) a folding, telescoping, or thumbhole stock;

(B) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; an ammunition magazine that attaches to the pistol outside of the pistol grip;

(C) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(D) a semi-automatic version of an automatic firearm;

(4) a semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

(5) a semi-automatic shotgun that has any of the following:

(A) a folding or telescoping stock;

(B) a pistol grip or thumbhole stock;

(C) a fixed magazine capacity in excess of 5 rounds; or

(D) an ability to accept a detachable magazine.

"Semi-automatic assault weapon" does not include:

(1) any firearm that:

(A) is manually prepared by bolt, pump, lever, or slide action;

(B) is an unserviceable firearm or has been made permanently inoperable;

(C) is an antique firearm; or

(D) is a rifle with a fixed tubular magazine located under the barrel that is only capable of holding rounds of ammunition placed end to end; or

(2) any air rifle as defined in Section 24.8-0.1 of this Code.

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the transportation or possession of weapons that:

(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.

(d) Sentence.

(1) Aggravated unlawful use of a weapon under subsection (a) of this Section is a Class 4 felony; a second or subsequent offense under subsection (a) of this Section is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) Aggravated unlawful use of a weapon under subsection (a-4) of this Section is a Class 3 felony; a second or subsequent offense under subsection (a-4) of this Section is a Class 1 felony for which the person shall be sentenced to a term of imprisonment of not less than 4 years.

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon under subsection (a) of this Section committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

(2.5) Except as otherwise provided in paragraphs (3.5) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon under subsection (a-4) of this Section committed with a semi-automatic assault weapon by a person 18 years of age or older where the factors listed in both items (A) and (E) or both items (B) and (E) of paragraph (3) of subsection (a-4) are present is a Class 3 felony, for which the person shall be sentenced to a term of imprisonment of not less than 2 years.

(3) Aggravated unlawful use of a weapon under subsection (a) of this Section by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(3.5) Aggravated unlawful use of a weapon under subsection (a-4) of this Section by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 1 felony for which the person shall be sentenced to a term of imprisonment of not less than 4 years.

(4) Aggravated unlawful use of a weapon under subsection (a) of this Section while wearing or in possession of body armor as defined in Section 33F-1 of this Code by a person who has not been issued a valid Firearm Firearms Owner's Identification Card under in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

(4.5) Aggravated unlawful use of a semi-automatic assault weapon under subsection (a-4) of this Section while wearing or in possession of body armor as defined in Section 33F-1 of this Code by a person who has not been issued a valid Firearm Owner's Identification Card under Section 5 of the Firearm Owners Identification Card Act is a Class X felony with a minimum term of imprisonment of not less than 7 years.

(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.

(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)".