Full Text of HB0038 101st General Assembly
HB0038 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0038 Introduced 1/9/2019, 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 |
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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. |
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 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; | 8 | | exceptions; separate
hearings; proof; findings; appellate | 9 | | procedures; reversals. First degree murder; death penalties; | 10 | | exceptions; separate
hearings; proof; findings; appellate | 11 | | procedures; reversals.
| 12 | | (a) A person who kills an individual without lawful | 13 | | justification commits
first degree murder if, in performing the | 14 | | acts 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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| 1 | | commission of the offense has attained the age of 18 or more | 2 | | and who has
been found guilty of first degree murder may be | 3 | | sentenced 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 | 19 | | defendant who has been found guilty of first degree murder and | 20 | | who at the time of the commission of the offense had attained | 21 | | the age of 18 years or more may be sentenced to natural life | 22 | | imprisonment if
(i) the murdered individual was a physician, | 23 | | physician assistant, psychologist, nurse, or advanced practice | 24 | | registered nurse, (ii) the defendant knew or should have
known | 25 | | that the murdered individual was a physician, physician | 26 | | assistant, psychologist, nurse, or advanced practice |
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| 1 | | registered nurse, and (iii) the murdered individual was killed | 2 | | in the course of acting in his or her capacity as a physician, | 3 | | physician assistant, psychologist, nurse, or advanced practice | 4 | | registered nurse, or to prevent him or her from acting in that | 5 | | capacity, or in retaliation
for his or her acting in that | 6 | | capacity. | 7 | | (c) Consideration of factors in Aggravation and | 8 | | Mitigation.
| 9 | | The court shall consider, or shall instruct the jury to | 10 | | consider any
aggravating and any mitigating factors which are | 11 | | relevant to the
imposition of the death penalty. Aggravating | 12 | | factors may include but
need not be limited to those factors | 13 | | set forth in subsection (b).
Mitigating factors may include but | 14 | | need 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 | 8 | | mitigate first degree murder cannot qualify as a mitigating | 9 | | factor for first degree murder because of the discovery, | 10 | | knowledge, or disclosure of the victim's sexual orientation as | 11 | | defined 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 | 14 | | separate
sentencing proceeding to determine the existence of | 15 | | factors set forth in
subsection (b) and to consider any | 16 | | aggravating 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 | 6 | | the factors
set forth in subsection (b) may be presented by | 7 | | either the State or the
defendant under the rules governing the | 8 | | admission of evidence at
criminal trials. Any information | 9 | | relevant to any additional aggravating
factors or any | 10 | | mitigating factors indicated in subsection (c) may be
presented | 11 | | by the State or defendant regardless of its admissibility
under | 12 | | the rules governing the admission of evidence at criminal | 13 | | trials.
The State and the defendant shall be given fair | 14 | | opportunity to rebut any
information received at the hearing.
| 15 | | (f) Proof.
| 16 | | The burden of proof of establishing the existence of any of | 17 | | the
factors set forth in subsection (b) is on the State and | 18 | | shall not be
satisfied unless established beyond a reasonable | 19 | | doubt.
| 20 | | (g) Procedure - Jury.
| 21 | | If at the separate sentencing proceeding the jury finds | 22 | | that none of
the factors set forth in subsection (b) exists, | 23 | | the court shall sentence
the defendant to a term of | 24 | | imprisonment under Chapter V of the Unified
Code of | 25 | | Corrections. If there is a unanimous finding by the jury that
| 26 | | one or more of the factors set forth in subsection (b) exist, |
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| 1 | | the jury
shall consider aggravating and mitigating factors as | 2 | | instructed by the
court and shall determine whether the | 3 | | sentence of death shall be
imposed. If the jury determines | 4 | | unanimously, after weighing the factors in
aggravation and | 5 | | mitigation, that death is the appropriate sentence, the court | 6 | | shall sentence the defendant to death.
If the court does not | 7 | | concur with the jury determination that death is the
| 8 | | appropriate sentence, the court shall set forth reasons in | 9 | | writing
including what facts or circumstances the court relied | 10 | | upon,
along with any relevant
documents, that compelled the | 11 | | court to non-concur with the sentence. This
document and any | 12 | | attachments shall be part of the record for appellate
review. | 13 | | The court shall be bound by the jury's sentencing | 14 | | determination.
| 15 | | If after weighing the factors in aggravation and | 16 | | mitigation, one or more
jurors determines that death is not the | 17 | | appropriate sentence,
the
court shall sentence the defendant to | 18 | | a term of imprisonment under
Chapter V of the Unified Code of | 19 | | Corrections.
| 20 | | (h) Procedure - No Jury.
| 21 | | In a proceeding before the court alone, if the court finds | 22 | | that none
of the factors found in subsection (b) exists, the | 23 | | court shall sentence
the defendant to a term of imprisonment | 24 | | under Chapter V of the Unified
Code of Corrections.
| 25 | | If the Court determines that one or more of the factors set | 26 | | forth in
subsection (b) exists, the Court shall consider any |
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| 1 | | aggravating and
mitigating factors as indicated in subsection | 2 | | (c). If the Court
determines, after weighing the factors in | 3 | | aggravation and mitigation, that
death is the appropriate | 4 | | sentence, the Court shall sentence the
defendant to death.
| 5 | | If
the court finds that death is not the
appropriate | 6 | | sentence, the
court shall sentence the defendant to a term of | 7 | | imprisonment under
Chapter V of the Unified Code of | 8 | | Corrections.
| 9 | | (h-5) Decertification as a capital case.
| 10 | | In a case in which the defendant has been found guilty of | 11 | | first degree murder
by a judge or jury, or a case on remand for | 12 | | resentencing, and the State seeks
the death penalty as an | 13 | | appropriate
sentence,
on the court's own motion or the written | 14 | | motion of the defendant, the court
may decertify the case as a | 15 | | death penalty case if the court finds that the only
evidence | 16 | | supporting the defendant's conviction is the uncorroborated | 17 | | testimony
of an informant witness, as defined in Section 115-21 | 18 | | of the Code of Criminal
Procedure of 1963, concerning the | 19 | | confession or admission of the defendant or
that the sole | 20 | | evidence against the defendant is a single eyewitness or single
| 21 | | accomplice without any other corroborating evidence.
If the | 22 | | court decertifies the case as a capital case
under either of | 23 | | the grounds set forth above, the court shall issue a
written | 24 | | finding. The State may pursue its right to appeal the | 25 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If | 26 | | the court does not
decertify the case as a capital case, the |
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| 1 | | matter shall proceed to the
eligibility phase of the sentencing | 2 | | hearing.
| 3 | | (i) Appellate Procedure.
| 4 | | The conviction and sentence of death shall be subject to | 5 | | automatic
review by the Supreme Court. Such review shall be in | 6 | | accordance with
rules promulgated by the Supreme Court.
The | 7 | | Illinois Supreme Court may overturn the death sentence, and | 8 | | order the
imposition of imprisonment under Chapter V of the | 9 | | Unified Code of
Corrections if the court finds that the death | 10 | | sentence is fundamentally
unjust as applied to the particular | 11 | | case.
If the Illinois Supreme Court finds that the
death | 12 | | sentence is fundamentally unjust as applied to the particular | 13 | | case,
independent of any procedural grounds for relief, the | 14 | | Illinois Supreme Court
shall issue a written opinion explaining | 15 | | this finding.
| 16 | | (j) Disposition of reversed death sentence.
| 17 | | In the event that the death penalty in this Act is held to | 18 | | be
unconstitutional by the Supreme Court of the United States | 19 | | or of the
State of Illinois, any person convicted of first | 20 | | degree murder shall be
sentenced by the court to a term of | 21 | | imprisonment under Chapter V of the
Unified Code of | 22 | | Corrections.
| 23 | | In the event that any death sentence pursuant to the | 24 | | sentencing
provisions of this Section is declared | 25 | | unconstitutional by the Supreme
Court of the United States or | 26 | | of the State of Illinois, the court having
jurisdiction over a |
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| 1 | | person previously sentenced to death shall cause the
defendant | 2 | | to be brought before the court, and the court shall sentence
| 3 | | the defendant to a term of imprisonment under Chapter V of the
| 4 | | Unified Code of Corrections.
| 5 | | (k) Guidelines for seeking the death penalty.
| 6 | | The Attorney General and
State's Attorneys Association | 7 | | shall consult on voluntary guidelines for
procedures governing | 8 | | whether or not to seek the death penalty. The guidelines
do not
| 9 | | have 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; | 11 | | 100-513, 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 | 15 | | aggravated assault when he or she commits an assault against an | 16 | | individual who is on or about a public way, public property, a | 17 | | public place of accommodation or amusement, or a sports venue , | 18 | | or in a church, synagogue, mosque, or other building, | 19 | | structure, or place used for religious worship . | 20 | | (b) Offense based on status of victim. A person commits | 21 | | aggravated assault when, in committing an assault, he or she | 22 | | knows 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 | 5 | | vehicle. A person commits aggravated assault when, in | 6 | | committing 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 | 19 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) | 20 | | is a Class 4 felony if a Category I, Category II, or Category | 21 | | III weapon is used in the commission of the assault. Aggravated | 22 | | assault 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. | 24 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | 25 | | is 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 | 2 | | meanings 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, | 4 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | 5 | | 99-816, 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 | 9 | | battery when, in committing a battery, other than by the | 10 | | discharge of a firearm, he or she knowingly does any of the | 11 | | following: | 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 | 10 | | intellectual disability. A person who is at least 18 years of | 11 | | age commits aggravated battery when, in committing a battery, | 12 | | he or she knowingly and without legal justification by any | 13 | | means: | 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 | 22 | | aggravated battery when, in committing a battery, other than by | 23 | | the discharge of a firearm, he or she is or the person battered | 24 | | is on or about a public way, public property, a public place of | 25 | | accommodation or amusement, a sports venue, or a domestic | 26 | | violence shelter , or in a church, synagogue, mosque, or other |
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| 1 | | building, structure, or place used for religious worship . | 2 | | (d) Offense based on status of victim. A person commits | 3 | | aggravated battery when, in committing a battery, other than by | 4 | | discharge of a firearm, he or she knows the individual battered | 5 | | to 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 | 21 | | aggravated battery when, in committing a battery, he or she | 22 | | knowingly 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. |
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| 1 | | (f) Offense based on use of a weapon or device. A person | 2 | | commits aggravated battery when, in committing a battery, he or | 3 | | she 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 | 17 | | aggravated battery when, other than by discharge of a firearm, | 18 | | he 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 | 15 | | battery 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 | 21 | | Class 1 felony when the aggravated battery was intentional and | 22 | | involved the infliction of torture, as defined in paragraph | 23 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 24 | | infliction of or subjection to extreme physical pain, motivated | 25 | | by an intent to increase or prolong the pain, suffering, or | 26 | | agony of the victim. |
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| 1 | | Aggravated battery as defined in subdivision (a)(1) is a | 2 | | Class 1 felony when the person causes great bodily harm or | 3 | | permanent disability to an individual whom the person knows to | 4 | | be a member of a congregation engaged in prayer or other | 5 | | religious activities at a church, synagogue, mosque, or other | 6 | | building, structure, or place used for religious worship. | 7 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 8 | | felony 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 | 19 | | Class X felony. | 20 | | Aggravated battery as defined in subdivision (a)(2) is a | 21 | | Class X felony for which a person shall be sentenced to a term | 22 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 23 | | years. | 24 | | Aggravated battery as defined in subdivision (e)(5) is a | 25 | | Class X felony for which a person shall be sentenced to a term | 26 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
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| 1 | | years. | 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 | 4 | | be sentenced to a term of imprisonment of a minimum of 15 years | 5 | | and 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 | 8 | | be sentenced to a term of imprisonment of a minimum of 20 years | 9 | | and a maximum of 60 years. | 10 | | Aggravated battery as defined in subdivision (b)(1) is a | 11 | | Class 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 | 26 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
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| 1 | | Violence Shelters Act. | 2 | | "Domestic violence" has the meaning ascribed to it in | 3 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 4 | | "Domestic violence shelter" means any building or other | 5 | | structure used to provide shelter or other services to victims | 6 | | or to the dependent children of victims of domestic violence | 7 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 8 | | Domestic Violence Shelters Act, or any place within 500 feet of | 9 | | such a building or other structure in the case of a person who | 10 | | is going to or from such a building or other structure. | 11 | | "Firearm" has the meaning provided under Section 1.1
of the | 12 | | Firearm Owners Identification Card Act, and does
not include an | 13 | | air rifle as defined by Section 24.8-0.1 of this Code. | 14 | | "Machine gun" has the meaning ascribed to it in Section | 15 | | 24-1 of this Code. | 16 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 17 | | of this Code. | 18 | | "Strangle" means
intentionally impeding the normal | 19 | | breathing or circulation of the blood of an individual by | 20 | | applying pressure on the throat
or neck of that individual or | 21 | | by 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, | 23 | | eff. 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.
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| 1 | | (a) A person commits the offense of unlawful use of weapons | 2 | | when
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 |
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| 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 |
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| 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 |
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| 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, |
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| 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 |
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| 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 | 20 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 21 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 22 | | Class A
misdemeanor.
A person convicted of a violation of | 23 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 24 | | person
convicted of a violation of subsection 24-1(a)(6) or | 25 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 26 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
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| 1 | | Class 2 felony and shall be sentenced to a term of imprisonment | 2 | | of not less than 3 years and not more than 7 years, unless the | 3 | | weapon is possessed in the
passenger compartment of a motor | 4 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 5 | | Code, or on the person, while the weapon is loaded, in which
| 6 | | case it shall be a Class X felony. A person convicted of a
| 7 | | second or subsequent violation of subsection 24-1(a)(4), | 8 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 9 | | felony. A person convicted of a violation of subsection | 10 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | 11 | | weapon in violation of this Section constitutes a single and | 12 | | separate 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 |
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| 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 |
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| 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 |
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| 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
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| 1 | | where one may obtain public transportation.
| 2 | | (d) The presence in an automobile other than a public | 3 | | omnibus of any
weapon, instrument or substance referred to in | 4 | | subsection (a)(7) is
prima facie evidence that it is in the | 5 | | possession of, and is being
carried by, all persons occupying | 6 | | such automobile at the time such
weapon, instrument or | 7 | | substance is found, except under the following
circumstances: | 8 | | (i) if such weapon, instrument or instrumentality is
found upon | 9 | | the person of one of the occupants therein; or (ii) if such
| 10 | | weapon, instrument or substance is found in an automobile | 11 | | operated for
hire by a duly licensed driver in the due, lawful | 12 | | and proper pursuit of
his or her trade, then such presumption | 13 | | shall 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 |
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| 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 | 6 | | becoming law. |
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