State of Illinois
91st General Assembly
Legislation

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91_SB0847ren

 
SB847 Re-enrolled                             SDS/910003/CTdo

 1        AN ACT in  relation  to  various  offenses  committed  on
 2    properties leased by public housing agencies.

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

 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    changing Section 5-130 as follows:

 7        (705 ILCS 405/5-130)
 8        Sec.  5-130.  Excluded jurisdiction.
 9        (1) (a)  The definition of delinquent minor under Section
10    5-120 of this Article shall not apply to any minor who at the
11    time  of  an  offense was at least 15 years of age and who is
12    charged with first degree murder, aggravated criminal  sexual
13    assault,  armed  robbery when the armed robbery was committed
14    with a firearm, or aggravated vehicular  hijacking  when  the
15    hijacking was committed with a firearm. These charges and all
16    other  charges  arising  out  of  the  same incident shall be
17    prosecuted under the criminal laws of this State.
18        (b) (i)  If  before  trial  or  plea  an  information  or
19    indictment is filed that does not charge an offense specified
20    in paragraph (a) of this subsection (1) the State's  Attorney
21    may  proceed  on  any  lesser  charge or charges, but only in
22    Juvenile Court under the provisions  of  this  Article.   The
23    State's  Attorney may proceed under the Criminal Code of 1961
24    on a lesser  charge  if  before  trial  the  minor  defendant
25    knowingly  and with advice of counsel waives, in writing, his
26    or her right to have the matter proceed in Juvenile Court.
27        (ii)  If  before  trial  or  plea   an   information   or
28    indictment  is  filed  that  includes  one  or  more  charges
29    specified  in  paragraph  (a)  of  this  subsection  (1)  and
30    additional  charges that are not specified in that paragraph,
31    all of the charges arising out of the same incident shall  be
 
SB847 Re-enrolled              -2-            SDS/910003/CTdo
 1    prosecuted under the Criminal Code of 1961.
 2        (c) (i)  If after trial or plea the minor is convicted of
 3    any  offense covered by paragraph (a) of this subsection (1),
 4    then, in sentencing the minor, the court shall have available
 5    any or all dispositions prescribed  for  that  offense  under
 6    Chapter V of the Unified Code of Corrections.
 7        (ii)  If  after  trial  or  plea the court finds that the
 8    minor committed an offense not covered by  paragraph  (a)  of
 9    this  subsection  (1),  that finding shall not invalidate the
10    verdict or the prosecution of the minor  under  the  criminal
11    laws  of  the  State;   however,  unless the State requests a
12    hearing for the purpose of sentencing the minor under Chapter
13    V of the Unified Code of Corrections, the Court must  proceed
14    under Sections 5-705 and 5-710 of this Article.  To request a
15    hearing,  the State must file a written motion within 10 days
16    following the entry of a finding or the return of a  verdict.
17    Reasonable  notice  of the motion shall be given to the minor
18    or his or her counsel.  If the motion is made by  the  State,
19    the  court shall conduct a hearing to determine if  the minor
20    should be sentenced under Chapter V of the  Unified  Code  of
21    Corrections.   In  making  its determination, the court shall
22    consider among other matters: (a) whether there  is  evidence
23    that   the   offense  was  committed  in  an  aggressive  and
24    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
25    previous   history  of  the  minor;  (d)  whether  there  are
26    facilities particularly available to the  Juvenile  Court  or
27    the  Department  of  Corrections,  Juvenile Division, for the
28    treatment and rehabilitation of the minor;  (e)  whether  the
29    security of the public requires sentencing under Chapter V of
30    the  Unified  Code  of Corrections; and (f) whether the minor
31    possessed a deadly weapon when committing the  offense.   The
32    rules of evidence shall be the same as if at trial.  If after
33    the  hearing  the  court  finds  that  the  minor  should  be
34    sentenced under Chapter V of the Unified Code of Corrections,
 
SB847 Re-enrolled              -3-            SDS/910003/CTdo
 1    then  the  court  shall sentence the minor accordingly having
 2    available to it any or all dispositions so prescribed.
 3        (2) (a)  The  definition  of  a  delinquent  minor  under
 4    Section 5-120 of this Article shall not apply  to  any  minor
 5    who  at  the time of the offense was at least 15 years of age
 6    and who is charged with an offense under Section 401  of  the
 7    Illinois  Controlled  Substances  Act,  while  in  a  school,
 8    regardless  of  the  time  of day or the time of year, or any
 9    conveyance  owned,  leased  or  contracted  by  a  school  to
10    transport students to or from  school  or  a  school  related
11    activity,  or  residential  property  owned,  operated or and
12    managed by a public housing agency  or  leased  by  a  public
13    housing  agency  as  part of a scattered site or mixed-income
14    development, on the  real  property  comprising  any  school,
15    regardless  of  the  time  of  day  or  the  time of year, or
16    residential property owned, operated  or  and  managed  by  a
17    public housing agency or leased by a public housing agency as
18    part of a scattered site or mixed-income development, or on a
19    public  way within 1,000 feet of the real property comprising
20    any school, regardless of the time of  day  or  the  time  of
21    year,  or residential property owned, operated or and managed
22    by a public housing agency or  leased  by  a  public  housing
23    agency   as   part   of  a  scattered  site  or  mixed-income
24    development. School is defined,  for  the  purposes  of  this
25    Section,  as  any  public  or private elementary or secondary
26    school, community college, college,  or  university.    These
27    charges  and  all  other  charges  arising  out  of  the same
28    incident shall be prosecuted under the criminal laws of  this
29    State.
30        (b) (i)  If  before  trial  or  plea  an  information  or
31    indictment is filed that does not charge an offense specified
32    in  paragraph (a) of this subsection (2) the State's Attorney
33    may proceed on any lesser charge  or  charges,  but  only  in
34    Juvenile  Court  under  the  provisions of this Article.  The
 
SB847 Re-enrolled              -4-            SDS/910003/CTdo
 1    State's Attorney may proceed under the criminal laws of  this
 2    State  on a lesser charge if before trial the minor defendant
 3    knowingly and with advice of counsel waives, in writing,  his
 4    or her right to have the matter proceed in Juvenile Court.
 5        (ii)  If   before   trial   or  plea  an  information  or
 6    indictment  is  filed  that  includes  one  or  more  charges
 7    specified  in  paragraph  (a)  of  this  subsection  (2)  and
 8    additional charges that are not specified in that  paragraph,
 9    all  of the charges arising out of the same incident shall be
10    prosecuted under the criminal laws of this State.
11        (c) (i)  If after trial or plea the minor is convicted of
12    any offense covered by paragraph (a) of this subsection  (2),
13    then, in sentencing the minor, the court shall have available
14    any  or  all  dispositions  prescribed for that offense under
15    Chapter V of the Unified Code of Corrections.
16        (ii)  If after trial or plea the  court  finds  that  the
17    minor  committed  an  offense not covered by paragraph (a) of
18    this subsection (2), that finding shall  not  invalidate  the
19    verdict  or  the  prosecution of the minor under the criminal
20    laws of the State;  however,  unless  the  State  requests  a
21    hearing for the purpose of sentencing the minor under Chapter
22    V  of the Unified Code of Corrections, the Court must proceed
23    under Sections 5-705 and 5-710 of this Article.  To request a
24    hearing, the State must file a written motion within 10  days
25    following  the entry of a finding or the return of a verdict.
26    Reasonable notice of the motion shall be given to  the  minor
27    or  his  or her counsel.  If the motion is made by the State,
28    the court shall conduct a hearing to determine if  the  minor
29    should  be  sentenced  under Chapter V of the Unified Code of
30    Corrections.  In making its determination,  the  court  shall
31    consider  among  other matters: (a) whether there is evidence
32    that  the  offense  was  committed  in  an   aggressive   and
33    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
34    previous  history  of  the  minor;  (d)  whether  there   are
 
SB847 Re-enrolled              -5-            SDS/910003/CTdo
 1    facilities  particularly  available  to the Juvenile Court or
 2    the Department of Corrections,  Juvenile  Division,  for  the
 3    treatment  and  rehabilitation  of the minor; (e) whether the
 4    security of the public requires sentencing under Chapter V of
 5    the Unified Code of Corrections; and (f)  whether  the  minor
 6    possessed  a  deadly weapon when committing the offense.  The
 7    rules of evidence shall be the same as if at trial.  If after
 8    the  hearing  the  court  finds  that  the  minor  should  be
 9    sentenced under Chapter V of the Unified Code of Corrections,
10    then the court shall sentence the  minor  accordingly  having
11    available to it any or all dispositions so prescribed.
12        (3) (a)  The definition of delinquent minor under Section
13    5-120 of this Article shall not apply to any minor who at the
14    time  of  the offense was at least 15 years of age and who is
15    charged with a violation of the provisions of paragraph  (1),
16    (3),  (4),  or  (10) of subsection (a) of Section 24-1 of the
17    Criminal Code of 1961 while in school, regardless of the time
18    of day  or  the  time  of  year,  or  on  the  real  property
19    comprising  any  school, regardless of the time of day or the
20    time of year. School is defined, for purposes of this Section
21    as any public or  private  elementary  or  secondary  school,
22    community  college, college, or university. These charges and
23    all other charges arising out of the same incident  shall  be
24    prosecuted under the criminal laws of this State.
25        (b) (i)  If  before  trial  or  plea  an  information  or
26    indictment is filed that does not charge an offense specified
27    in  paragraph (a) of this subsection (3) the State's Attorney
28    may proceed on any lesser charge  or  charges,  but  only  in
29    Juvenile  Court  under  the  provisions of this Article.  The
30    State's Attorney may proceed under the criminal laws of  this
31    State  on a lesser charge if before trial the minor defendant
32    knowingly and with advice of counsel waives, in writing,  his
33    or her right to have the matter proceed in Juvenile Court.
34        (ii)  If   before   trial   or  plea  an  information  or
 
SB847 Re-enrolled              -6-            SDS/910003/CTdo
 1    indictment  is  filed  that  includes  one  or  more  charges
 2    specified  in  paragraph  (a)  of  this  subsection  (3)  and
 3    additional charges that are not specified in that  paragraph,
 4    all  of the charges arising out of the same incident shall be
 5    prosecuted under the criminal laws of this State.
 6        (c) (i)  If after trial or plea the minor is convicted of
 7    any offense covered by paragraph (a) of this subsection  (3),
 8    then, in sentencing the minor, the court shall have available
 9    any  or  all  dispositions  prescribed for that offense under
10    Chapter V of the Unified Code of Corrections.
11        (ii)  If after trial or plea the  court  finds  that  the
12    minor  committed  an  offense not covered by paragraph (a) of
13    this subsection (3), that finding shall  not  invalidate  the
14    verdict  or  the  prosecution of the minor under the criminal
15    laws of the State;  however,  unless  the  State  requests  a
16    hearing for the purpose of sentencing the minor under Chapter
17    V  of the Unified Code of Corrections, the Court must proceed
18    under Sections 5-705 and 5-710 of this Article.  To request a
19    hearing, the State must file a written motion within 10  days
20    following  the entry of a finding or the return of a verdict.
21    Reasonable notice of the motion shall be given to  the  minor
22    or  his  or her counsel.  If the motion is made by the State,
23    the court shall conduct a hearing to determine if  the  minor
24    should  be  sentenced  under Chapter V of the Unified Code of
25    Corrections.  In making its determination,  the  court  shall
26    consider  among  other matters: (a) whether there is evidence
27    that  the  offense  was  committed  in  an   aggressive   and
28    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
29    previous  history  of  the  minor;  (d)  whether  there   are
30    facilities  particularly  available  to the Juvenile Court or
31    the Department of Corrections,  Juvenile  Division,  for  the
32    treatment  and  rehabilitation  of the minor; (e) whether the
33    security of the public requires sentencing under Chapter V of
34    the Unified Code of Corrections; and (f)  whether  the  minor
 
SB847 Re-enrolled              -7-            SDS/910003/CTdo
 1    possessed  a  deadly weapon when committing the offense.  The
 2    rules of evidence shall be the same as if at trial.  If after
 3    the  hearing  the  court  finds  that  the  minor  should  be
 4    sentenced under Chapter V of the Unified Code of Corrections,
 5    then the court shall sentence the  minor  accordingly  having
 6    available to it any or all dispositions so prescribed.
 7        (4) (a)  The definition of delinquent minor under Section
 8    5-120 of this Article shall not apply to any minor who at the
 9    time  of  an  offense was at least 13 years of age and who is
10    charged with first degree murder committed during the  course
11    of either aggravated criminal sexual assault, criminal sexual
12    assault,  or  aggravated kidnaping.  However, this subsection
13    (4) does not include a minor charged with first degree murder
14    based exclusively upon the accountability provisions  of  the
15    Criminal Code of 1961.
16        (b) (i)  If  before  trial  or  plea  an  information  or
17    indictment  is filed that does not charge first degree murder
18    committed during the course  of  aggravated  criminal  sexual
19    assault,  criminal  sexual  assault, or aggravated kidnaping,
20    the State's Attorney may proceed  on  any  lesser  charge  or
21    charges,  but  only in Juvenile Court under the provisions of
22    this Article.  The State's Attorney  may  proceed  under  the
23    criminal  laws  of  this  State  on a lesser charge if before
24    trial the  minor  defendant  knowingly  and  with  advice  of
25    counsel  waives,  in  writing,  his  or her right to have the
26    matter proceed in Juvenile Court.
27        (ii)  If  before  trial  or  plea   an   information   or
28    indictment   is  filed  that  includes  first  degree  murder
29    committed during the course  of  aggravated  criminal  sexual
30    assault,  criminal  sexual  assault, or aggravated kidnaping,
31    and additional charges that are not  specified  in  paragraph
32    (a) of this subsection, all of the charges arising out of the
33    same  incident shall be prosecuted under the criminal laws of
34    this State.
 
SB847 Re-enrolled              -8-            SDS/910003/CTdo
 1        (c) (i)  If after trial or plea the minor is convicted of
 2    first degree murder committed during the course of aggravated
 3    criminal  sexual  assault,  criminal   sexual   assault,   or
 4    aggravated  kidnaping,  in  sentencing  the  minor, the court
 5    shall have available any or all dispositions  prescribed  for
 6    that  offense  under  Chapter  V   of  the  Unified  Code  of
 7    Corrections.
 8        (ii)  If  the  minor  was  not yet 15 years of age at the
 9    time of the offense, and if after trial  or  plea  the  court
10    finds  that  the  minor committed an offense other than first
11    degree  murder  committed  during  the   course   of   either
12    aggravated  criminal sexual assault, criminal sexual assault,
13    or aggravated kidnapping, the finding  shall  not  invalidate
14    the  verdict  or  the  prosecution  of  the  minor  under the
15    criminal  laws  of  the  State;  however,  unless  the  State
16    requests a hearing for the purpose of  sentencing  the  minor
17    under Chapter V of the Unified Code of Corrections, the Court
18    must  proceed under Sections 5-705 and 5-710 of this Article.
19    To request a hearing, the State must file  a  written  motion
20    within 10 days following the entry of a finding or the return
21    of a verdict.  Reasonable notice of the motion shall be given
22    to the minor or his or her counsel.  If the motion is made by
23    the  State,  the  court  shall conduct a hearing to determine
24    whether the minor should be sentenced under Chapter V of  the
25    Unified  Code  of  Corrections.  In making its determination,
26    the court shall consider among other  matters:   (a)  whether
27    there  is  evidence  that  the  offense  was  committed in an
28    aggressive and premeditated  manner;   (b)  the  age  of  the
29    minor;   (c)  the  previous  delinquent history of the minor;
30    (d) whether there are facilities  particularly  available  to
31    the Juvenile Court or the Department of Corrections, Juvenile
32    Division,  for the treatment and rehabilitation of the minor;
33    (e) whether the best interest of the minor and  the  security
34    of  the  public  require  sentencing  under  Chapter V of the
 
SB847 Re-enrolled              -9-            SDS/910003/CTdo
 1    Unified Code of  Corrections;   and  (f)  whether  the  minor
 2    possessed  a  deadly weapon when committing the offense.  The
 3    rules of evidence shall be the same as if at trial.  If after
 4    the  hearing  the  court  finds  that  the  minor  should  be
 5    sentenced under Chapter V of the Unified Code of Corrections,
 6    then the court shall sentence the  minor  accordingly  having
 7    available to it any or all dispositions so prescribed.
 8        (5) (a)  The definition of delinquent minor under Section
 9    5-120  of  this  Article  shall not apply to any minor who is
10    charged with a violation of subsection (a) of Section 31-6 or
11    Section 32-10 of the Criminal Code of 1961 when the minor  is
12    subject  to prosecution under the criminal laws of this State
13    as a result of the application of the provisions  of  Section
14    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
15    charges and  all  other  charges  arising  out  of  the  same
16    incident  shall be prosecuted under the criminal laws of this
17    State.
18        (b) (i)  If  before  trial  or  plea  an  information  or
19    indictment is filed that does not charge an offense specified
20    in paragraph (a) of this subsection (5), the State's Attorney
21    may proceed on any lesser charge  or  charges,  but  only  in
22    Juvenile  Court  under  the  provisions of this Article.  The
23    State's Attorney may proceed under the criminal laws of  this
24    State  on a lesser charge if before trial the minor defendant
25    knowingly and with advice of counsel waives, in writing,  his
26    or her right to have the matter proceed in Juvenile Court.
27        (ii)  If   before   trial   or  plea  an  information  or
28    indictment  is  filed  that  includes  one  or  more  charges
29    specified  in  paragraph  (a)  of  this  subsection  (5)  and
30    additional charges that are not specified in that  paragraph,
31    all  of the charges arising out of the same incident shall be
32    prosecuted under the criminal laws of this State.
33        (c) (i)  If after trial or plea the minor is convicted of
34    any offense covered by paragraph (a) of this subsection  (5),
 
SB847 Re-enrolled              -10-           SDS/910003/CTdo
 1    then, in sentencing the minor, the court shall have available
 2    any  or  all  dispositions  prescribed for that offense under
 3    Chapter V  of the Unified Code of Corrections.
 4        (ii)  If after trial or plea the  court  finds  that  the
 5    minor  committed  an  offense not covered by paragraph (a) of
 6    this subsection (5), the conviction shall not invalidate  the
 7    verdict  or  the  prosecution of the minor under the criminal
 8    laws of this State;  however, unless  the  State  requests  a
 9    hearing for the purpose of sentencing the minor under Chapter
10    V  of the Unified Code of Corrections, the Court must proceed
11    under Sections 5-705 and 5-710 of this Article. To request  a
12    hearing,  the State must file a written motion within 10 days
13    following the entry of a finding or the return of a  verdict.
14    Reasonable  notice  of the motion shall be given to the minor
15    or his or her counsel.  If the motion is made by  the  State,
16    the court shall conduct a hearing to determine if whether the
17    minor should be sentenced under Chapter V of the Unified Code
18    of Corrections.  In making its determination, the court shall
19    consider  among other matters:  (a) whether there is evidence
20    that  the  offense  was  committed  in  an   aggressive   and
21    premeditated  manner;   (b)  the  age  of the minor;  (c) the
22    previous delinquent history of the minor;  (d) whether  there
23    are  facilities  particularly available to the Juvenile Court
24    or the Department of Corrections, Juvenile Division, for  the
25    treatment  and  rehabilitation of the minor;  (e) whether the
26    security of the public requires sentencing under Chapter V of
27    the Unified Code of Corrections;  and (f) whether  the  minor
28    possessed  a  deadly weapon when committing the offense.  The
29    rules of evidence shall be the same as if at trial.  If after
30    the  hearing  the  court  finds  that  the  minor  should  be
31    sentenced under Chapter V of the Unified Code of Corrections,
32    then the court shall sentence the  minor  accordingly  having
33    available to it any or all dispositions so prescribed.
34        (6)  The  definition  of  delinquent  minor under Section
 
SB847 Re-enrolled              -11-           SDS/910003/CTdo
 1    5-120 of this Article shall  not  apply  to  any  minor  who,
 2    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
 3    5-810, has previously been placed under the  jurisdiction  of
 4    the criminal court and has been convicted of a crime under an
 5    adult  criminal  or  penal  statute.  Such  a  minor shall be
 6    subject to prosecution under the criminal laws of this State.
 7        (7)  The procedures set  out  in  this  Article  for  the
 8    investigation,  arrest  and prosecution of juvenile offenders
 9    shall not apply to minors who are excluded from  jurisdiction
10    of  the  Juvenile Court, except that minors under 17 years of
11    age shall be kept separate from confined adults.
12        (8)  Nothing  in  this  Act  prohibits  or   limits   the
13    prosecution of any minor for an offense committed on or after
14    his or her 17th birthday even though he or she is at the time
15    of the offense a ward of the court.
16        (9)  If an original petition for adjudication of wardship
17    alleges  the commission by a minor 13 years of age or over of
18    an act that constitutes a crime under the laws of this State,
19    the minor, with the consent of his or her  counsel,  may,  at
20    any  time  before  commencement  of the adjudicatory hearing,
21    file with the court a motion  that  criminal  prosecution  be
22    ordered and that the petition be dismissed insofar as the act
23    or  acts  involved in the criminal proceedings are concerned.
24    If such a motion is filed as herein provided, the court shall
25    enter its order accordingly.
26    (Source: P.A. 90-590, eff. 1-1-99.)

27        Section 10.  The Criminal Code  of  1961  is  amended  by
28    changing Sections 24-1 and 24-3, and 24-3.3 as follows:

29        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
30        Sec. 24-1. Unlawful Use of Weapons.
31        (a)  A  person  commits  the  offense  of unlawful use of
32    weapons when he knowingly:
 
SB847 Re-enrolled              -12-           SDS/910003/CTdo
 1             (1)  Sells, manufactures,  purchases,  possesses  or
 2        carries  any bludgeon, black-jack, slung-shot, sand-club,
 3        sand-bag, metal knuckles, throwing star,  or  any  knife,
 4        commonly  referred to as a switchblade knife, which has a
 5        blade that opens automatically by hand  pressure  applied
 6        to  a button, spring or other device in the handle of the
 7        knife, or a ballistic  knife,  which  is  a  device  that
 8        propels  a  knifelike blade as a projectile by means of a
 9        coil spring, elastic material or compressed gas; or
10             (2)  Carries or possesses with  intent  to  use  the
11        same  unlawfully  against another, a dagger, dirk, billy,
12        dangerous knife, razor, stiletto, broken bottle or  other
13        piece  of glass, stun gun or taser or any other dangerous
14        or deadly weapon or instrument of like character; or
15             (3)  Carries on  or  about  his  person  or  in  any
16        vehicle,  a  tear gas gun projector or bomb or any object
17        containing noxious liquid gas or substance, other than an
18        object containing a  non-lethal  noxious  liquid  gas  or
19        substance designed solely for personal defense carried by
20        a person 18 years of age or older; or
21             (4)  Carries   or   possesses   in  any  vehicle  or
22        concealed on or about his person except when on his  land
23        or  in  his  own  abode  or  fixed  place of business any
24        pistol, revolver, stun gun or taser or other firearm; or
25             (5)  Sets a spring gun; or
26             (6)  Possesses any device or attachment of any  kind
27        designed,  used  or  intended  for  use  in silencing the
28        report of any firearm; or
29             (7)  Sells, manufactures,  purchases,  possesses  or
30        carries:
31                  (i)  a  machine gun, which shall be defined for
32             the purposes of this subsection as any weapon, which
33             shoots, is designed to  shoot,  or  can  be  readily
34             restored  to shoot, automatically more than one shot
 
SB847 Re-enrolled              -13-           SDS/910003/CTdo
 1             without manually reloading by a single  function  of
 2             the  trigger, including the frame or receiver of any
 3             such  weapon,  or  sells,  manufactures,  purchases,
 4             possesses,  or  carries  any  combination  of  parts
 5             designed or  intended  for  use  in  converting  any
 6             weapon  into  a  machine  gun, or any combination or
 7             parts from which a machine gun can be  assembled  if
 8             such  parts  are  in  the  possession  or  under the
 9             control of a person;
10                  (ii)  any rifle having one or more barrels less
11             than 16 inches in length or a shotgun having one  or
12             more  barrels  less  than 18 inches in length or any
13             weapon made from a  rifle  or  shotgun,  whether  by
14             alteration,  modification,  or  otherwise, if such a
15             weapon as modified has an  overall  length  of  less
16             than 26 inches; or
17                  (iii)  any bomb, bomb-shell, grenade, bottle or
18             other container containing an explosive substance of
19             over  one-quarter  ounce for like purposes, such as,
20             but not limited to, black powder bombs  and  Molotov
21             cocktails or artillery projectiles; or
22             (8)  Carries  or  possesses any firearm, stun gun or
23        taser or other  deadly  weapon  in  any  place  which  is
24        licensed to sell intoxicating beverages, or at any public
25        gathering  held  pursuant  to  a  license  issued  by any
26        governmental body or any public  gathering  at  which  an
27        admission  is charged, excluding a place where a showing,
28        demonstration or  lecture  involving  the  exhibition  of
29        unloaded firearms is conducted; or
30             (9)  Carries  or  possesses  in  a  vehicle or on or
31        about his person any pistol, revolver, stun gun or  taser
32        or  firearm  or ballistic knife, when he is hooded, robed
33        or masked in such manner as to conceal his identity; or
34             (10)  Carries or possesses on or about  his  person,
 
SB847 Re-enrolled              -14-           SDS/910003/CTdo
 1        upon  any  public  street,  alley,  or other public lands
 2        within  the  corporate  limits  of  a  city,  village  or
 3        incorporated town, except  when  an  invitee  thereon  or
 4        therein, for the purpose of the display of such weapon or
 5        the  lawful  commerce  in  weapons, or except when on his
 6        land or in his own abode or fixed place of business,  any
 7        pistol, revolver, stun gun or taser or other firearm.
 8             A "stun gun or taser", as used in this paragraph (a)
 9        means  (i)  any  device  which  is  powered by electrical
10        charging units, such as, batteries, and which  fires  one
11        or  several barbs attached to a length of wire and which,
12        upon hitting a human, can send out a current  capable  of
13        disrupting  the  person's nervous system in such a manner
14        as to render him incapable of normal functioning or  (ii)
15        any device which is powered by electrical charging units,
16        such  as  batteries, and which, upon contact with a human
17        or clothing worn by a human, can send out current capable
18        of disrupting the  person's  nervous  system  in  such  a
19        manner  as to render him incapable of normal functioning;
20        or
21             (11)  Sells, manufactures or purchases any explosive
22        bullet.  For purposes of this  paragraph  (a)  "explosive
23        bullet"  means  the  projectile  portion of an ammunition
24        cartridge which contains or carries an  explosive  charge
25        which will explode upon contact with the flesh of a human
26        or  an  animal.    "Cartridge" means a tubular metal case
27        having a projectile affixed at the front  thereof  and  a
28        cap   or  primer  at  the  rear  end  thereof,  with  the
29        propellant contained in such tube between the  projectile
30        and the cap; or
31             (12)  (Blank).
32        (b)  Sentence.  A  person  convicted  of  a  violation of
33    subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
34    subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
 
SB847 Re-enrolled              -15-           SDS/910003/CTdo
 1    Class A misdemeanor.  A person convicted of  a  violation  of
 2    subsection  24-1(a)(4),  24-1(a)(9), or 24-1(a)(10) commits a
 3    Class  4  felony;  a  person  convicted  of  a  violation  of
 4    subsection 24-1(a)(6) or 24-1(a)(7)(ii) or  (iii)  commits  a
 5    Class  3  felony.   A  person  convicted  of  a  violation of
 6    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
 7    weapon is possessed in the passenger compartment of  a  motor
 8    vehicle  as  defined in Section 1-146 of the Illinois Vehicle
 9    Code, or on the person, while the weapon is loaded, in  which
10    case  it shall be a Class X felony.   A person convicted of a
11    second or  subsequent  violation  of  subsection  24-1(a)(4),
12    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
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
16        or  the  time  of  year,  in  residential property owned,
17        operated or and managed by a  public  housing  agency  or
18        leased  by a public housing agency as part of a scattered
19        site or mixed-income development, in a public park, in  a
20        courthouse,  on  the real property comprising any school,
21        regardless of the time of day or the  time  of  year,  on
22        residential  property owned, operated or and managed by a
23        public  housing  agency  or  leased  by  a public housing
24        agency as  part  of  a  scattered  site  or  mixed-income
25        development,  on  the real property comprising any public
26        park, on the real property comprising any courthouse,  in
27        any conveyance owned, leased or contracted by a school to
28        transport  students to or from school or a school related
29        activity, or on any public way within 1,000 feet  of  the
30        real   property   comprising  any  school,  public  park,
31        courthouse, or residential property owned,  operated,  or
32        and   managed  by  a public housing agency or leased by a
33        public housing agency as part  of  a  scattered  site  or
34        mixed-income development commits a Class 2 felony.
 
SB847 Re-enrolled              -16-           SDS/910003/CTdo
 1             (1.5)  A  person who violates subsection 24-1(a)(4),
 2        24-1(a)(9), or 24-1(a)(10) in any school,  regardless  of
 3        the  time  of  day  or  the  time of year, in residential
 4        property owned, operated, or and   managed  by  a  public
 5        housing  agency  or  leased by a public housing agency as
 6        part of a scattered site or mixed-income development,  in
 7        a  public  park,  in  a  courthouse, on the real property
 8        comprising any school, regardless of the time of  day  or
 9        the   time   of  year,  on  residential  property  owned,
10        operated, or and managed by a public  housing  agency  or
11        leased  by a public housing agency as part of a scattered
12        site or mixed-income development, on  the  real  property
13        comprising   any   public  park,  on  the  real  property
14        comprising  any  courthouse,  in  any  conveyance  owned,
15        leased, or contracted by a school to  transport  students
16        to or from school or a school related activity, or on any
17        public  way  within  1,000  feet  of  the  real  property
18        comprising   any  school,  public  park,  courthouse,  or
19        residential property owned, operated, or and managed by a
20        public housing agency  or  leased  by  a  public  housing
21        agency  as  part  of  a  scattered  site  or mixed-income
22        development commits a Class 3 felony.
23             (2)  A person who  violates  subsection  24-1(a)(1),
24        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
25        the time of day or  the  time  of  year,  in  residential
26        property  owned,  operated  or  and  managed  by a public
27        housing agency or leased by a public  housing  agency  as
28        part  of a scattered site or mixed-income development, in
29        a public park, in a  courthouse,  on  the  real  property
30        comprising  any  school, regardless of the time of day or
31        the time of year, on residential property owned, operated
32        or and managed by a public housing agency or leased by  a
33        public  housing  agency  as  part  of a scattered site or
34        mixed-income development, on the real property comprising
 
SB847 Re-enrolled              -17-           SDS/910003/CTdo
 1        any public park, on  the  real  property  comprising  any
 2        courthouse, in any conveyance owned, leased or contracted
 3        by  a school to transport students to or from school or a
 4        school related activity, or  on  any  public  way  within
 5        1,000  feet  of  the real property comprising any school,
 6        public park, courthouse, or residential  property  owned,
 7        operated,  or  and  managed by a public housing agency or
 8        leased by a public housing agency as part of a  scattered
 9        site  or  mixed-income  development  commits  a  Class  4
10        felony.   "Courthouse" means any building that is used by
11        the Circuit, Appellate, or Supreme Court  of  this  State
12        for the conduct of official business.
13             (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
14        subsection  (c)  shall  not  apply  to  law   enforcement
15        officers or security officers of such school, college, or
16        university or to students carrying or possessing firearms
17        for  use  in  training  courses, parades, hunting, target
18        shooting on school ranges, or otherwise with the  consent
19        of  school authorities and which firearms are transported
20        unloaded  enclosed  in   a   suitable   case,   box,   or
21        transportation package.
22             (4)  For   the  purposes  of  this  subsection  (c),
23        "school"  means  any  public  or  private  elementary  or
24        secondary  school,   community   college,   college,   or
25        university.
26        (d)  The  presence  in  an automobile other than a public
27    omnibus of any weapon, instrument or substance referred to in
28    subsection (a)(7) is prima facie evidence that it is  in  the
29    possession of, and is being carried by, all persons occupying
30    such  automobile  at  the  time  such  weapon,  instrument or
31    substance is found, except under the following circumstances:
32    (i) if such weapon, instrument or  instrumentality  is  found
33    upon  the  person of one of the occupants therein; or (ii) if
34    such  weapon,  instrument  or  substance  is  found   in   an
 
SB847 Re-enrolled              -18-           SDS/910003/CTdo
 1    automobile operated for hire by a duly licensed driver in the
 2    due,  lawful  and  proper  pursuit  of  his  trade, then such
 3    presumption shall not apply to the driver.
 4        (e)  Exemptions.  Crossbows, Common or Compound bows  and
 5    Underwater  Spearguns  are  exempted  from  the definition of
 6    ballistic knife as defined in paragraph (1) of subsection (a)
 7    of this Section.
 8    (Source: P.A. 90-686, eff. 1-1-99.)

 9        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
10        Sec. 24-3.  Unlawful Sale of Firearms. A  person  commits
11    the offense of unlawful sale of firearms when he knowingly:
12        (a)  Sells  or  gives  any firearm of a size which may be
13    concealed upon the person to any person  under  18  years  of
14    age; or
15        (b)  Sells  or  gives  any  firearm  to a person under 21
16    years of age who has been convicted of  a  misdemeanor  other
17    than a traffic offense or adjudged delinquent; or
18        (c)  Sells  or  gives any firearm to any narcotic addict;
19    or
20        (d)  Sells or gives any firearm to  any  person  who  has
21    been  convicted  of  a  felony  under the laws of this or any
22    other jurisdiction; or
23        (e)  Sells or gives any firearm to  any  person  who  has
24    been  a patient in a mental hospital within the past 5 years;
25    or
26        (f)  Sells or gives any firearms to  any  person  who  is
27    mentally retarded; or
28        (g)  Delivers   any  firearm  of  a  size  which  may  be
29    concealed upon the person,  incidental  to  a  sale,  without
30    withholding  delivery  of  such firearm for at least 72 hours
31    after application for its purchase has been made, or delivers
32    any rifle, shotgun or other long gun, incidental to  a  sale,
33    without  withholding delivery of such rifle, shotgun or other
 
SB847 Re-enrolled              -19-           SDS/910003/CTdo
 1    long gun for at least 24  hours  after  application  for  its
 2    purchase  has  been  made.  However, this paragraph shall not
 3    apply to: (1) the sale of a  firearm  to  a  law  enforcement
 4    officer or a person who desires to purchase a firearm for use
 5    in  promoting  the public interest incident to his employment
 6    as  a  bank  guard,  armed  truck  guard,  or  other  similar
 7    employment; or (2) a mail  order  sale  of  a  firearm  to  a
 8    nonresident  of Illinois under which the firearm is mailed to
 9    a point outside the boundaries of Illinois; or (3)  the  sale
10    of  a firearm to a nonresident of Illinois while at a firearm
11    showing or display recognized by the Illinois  Department  of
12    State  Police;  or  (4)  the  sale  of  a firearm to a dealer
13    licensed under the Federal Firearms Act of the United States;
14    or
15        (h)  While holding any license  under  the  Federal  "Gun
16    Control  Act  of  1968",  as  amended, as a dealer, importer,
17    manufacturer or pawnbroker; manufactures, sells  or  delivers
18    to  any  unlicensed  person a handgun having a barrel, slide,
19    frame or receiver which is a die casting of zinc alloy or any
20    other nonhomogeneous metal which will melt  or  deform  at  a
21    temperature of less than 800 degrees Fahrenheit. For purposes
22    of  this  paragraph,  (1)  "firearm" is defined as in "An Act
23    relating to  the  acquisition,  possession  and  transfer  of
24    firearms and firearm ammunition, to provide a penalty for the
25    violation  thereof and to make an appropriation in connection
26    therewith",  approved  August  3,  1967,  as   amended;   (2)
27    "handgun"  is  defined  as  a firearm designed to be held and
28    fired by the use of a single hand, and includes a combination
29    of parts from which a firearm can be assembled; or
30        (i)  Sells or gives a firearm of  any size to any  person
31    under  18  years  of age who does not possess a valid Firearm
32    Owner's Identification Card.
33        (j)  Paragraph (h) of  this  Section  shall  not  include
34    firearms  sold  within  6  months  after  enactment  of  this
 
SB847 Re-enrolled              -20-           SDS/910003/CTdo
 1    amendatory  Act  of 1973, nor shall any firearm legally owned
 2    or possessed by any  citizen  or  purchased  by  any  citizen
 3    within 6 months after the enactment of this amendatory Act of
 4    1973   be  subject  to  confiscation  or  seizure  under  the
 5    provisions of this amendatory Act of 1973.  Nothing  in  this
 6    amendatory  Act  of  1973  shall be construed to prohibit the
 7    gift or trade of any firearm if that firearm was legally held
 8    or acquired within 6  months  after  the  enactment  of  this
 9    amendatory Act of 1973.
10        (k)  Sentence.
11        Any   person  convicted  of  unlawful sale of firearms in
12    violation of paragraphs (b) through (h)  commits  a  Class  4
13    felony.
14        Any  person  convicted  of  unlawful  sale of firearms in
15    violation of paragraph (a) or (i) commits a Class  3  felony.
16    Any   person  convicted  of  unlawful  sale  of  firearms  in
17    violation of paragraph (a) or (i) in any  school,  regardless
18    of  the  time  of  day  or  the  time of year, in residential
19    property owned, operated, or and managed by a public  housing
20    agency  or  leased  by  a  public housing agency as part of a
21    scattered site or mixed-income development, in a public park,
22    in a courthouse, on the real property comprising any  school,
23    regardless  of  the  time  of  day  or  the  time of year, on
24    residential property owned, operated, or  and  managed  by  a
25    public housing agency or leased by a public housing agency as
26    part  of a scattered site or mixed-income development, on the
27    real  property  comprising  any  public  park,  on  the  real
28    property comprising any courthouse, in any conveyance  owned,
29    leased, or contracted by a school to transport students to or
30    from  school  or  a school related activity, or on any public
31    way within 1,000 feet of the  real  property  comprising  any
32    school,  public  park,  courthouse,  or  residential property
33    owned, operated, or and managed by a public housing agency or
34    leased by a public housing agency as part of a scattered site
 
SB847 Re-enrolled              -21-           SDS/910003/CTdo
 1    or mixed-income development commits a Class 2 felony.
 2    (Source: P.A. 88-680, eff. 1-1-95.)

 3        (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
 4        Sec. 24-3.3.  Unlawful Sale or Delivery  of  Firearms  on
 5    the  Premises of Any School, regardless of the time of day or
 6    the  time  of  year,  or  any  conveyance  owned,  leased  or
 7    contracted by a school  to  transport  students  to  or  from
 8    school  or a school related activity, or residential property
 9    owned, operated or and managed by a  public  housing  agency.
10    Any  person  18  years  of  age  or older who sells, gives or
11    delivers any firearm to any person under 18 years of  age  in
12    any school, regardless of the time of day or the time of year
13    or  residential  property owned, operated or and managed by a
14    public housing agency or leased by a public housing agency as
15    part of a scattered site or mixed-income development, on  the
16    real  property  comprising any school, regardless of the time
17    of day or the time of year  or  residential  property  owned,
18    operated  or and managed by a public housing agency or leased
19    by a public housing agency as part of  a  scattered  site  or
20    mixed-income  development commits a Class 3 felony. School is
21    defined, for the purposes of this Section, as any  public  or
22    private  elementary  or  secondary school, community college,
23    college or university. This does not apply to peace  officers
24    or  to  students  carrying  or possessing firearms for use in
25    school training courses, parades, target shooting  on  school
26    ranges,  or  otherwise with the consent of school authorities
27    and which firearms are transported unloaded and enclosed in a
28    suitable case, box or transportation package.
29    (Source: P.A. 86-946; 87-524.)

30        Section 15.  The Illinois Controlled  Substances  Act  is
31    amended by changing Section 407 as follows:
 
SB847 Re-enrolled              -22-           SDS/910003/CTdo
 1        (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
 2        Sec. 407.  (a) (1) Any person 18 years of age or over who
 3    violates  any  subsection of Section 401 or subsection (b) of
 4    Section  404  by  delivering  a  controlled,  counterfeit  or
 5    look-alike substance to a person under 18 years of age may be
 6    sentenced to imprisonment for a term up to twice the  maximum
 7    term  and  fined  an amount up to twice that amount otherwise
 8    authorized by the pertinent subsection  of  Section  401  and
 9    Subsection (b) of Section 404.
10        (2)  Except   as   provided  in  paragraph  (3)  of  this
11    subsection, any person who violates:
12             (A)  subsection (c) of Section 401 by delivering  or
13        possessing   with   intent   to   deliver  a  controlled,
14        counterfeit, or look-alike substance in or on, or  within
15        1,000  feet  of,  a  truck  stop  or safety rest area, is
16        guilty of a Class 1 felony, the fine for which shall  not
17        exceed $250,000;
18             (B)  subsection  (d) of Section 401 by delivering or
19        possessing  with  intent   to   deliver   a   controlled,
20        counterfeit,  or look-alike substance in or on, or within
21        1,000 feet of, a truck  stop  or  safety  rest  area,  is
22        guilty  of a Class 2 felony, the fine for which shall not
23        exceed $200,000;
24             (C)  subsection (e) of Section 401 or subsection (b)
25        of Section 404 by delivering or possessing with intent to
26        deliver  a   controlled,   counterfeit,   or   look-alike
27        substance in or on, or within 1,000 feet of, a truck stop
28        or  safety  rest area, is guilty of a Class 3 felony, the
29        fine for which shall not exceed $150,000;
30             (D)  subsection (f) of Section 401 by delivering  or
31        possessing   with   intent   to   deliver  a  controlled,
32        counterfeit, or look-alike substance in or on, or  within
33        1,000  feet  of,  a  truck  stop  or safety rest area, is
34        guilty of a Class 3 felony, the fine for which shall  not
 
SB847 Re-enrolled              -23-           SDS/910003/CTdo
 1        exceed $125,000;
 2             (E)  subsection  (g) of Section 401 by delivering or
 3        possessing  with  intent   to   deliver   a   controlled,
 4        counterfeit,  or look-alike substance in or on, or within
 5        1,000 feet of, a truck  stop  or  safety  rest  area,  is
 6        guilty  of a Class 3 felony, the fine for which shall not
 7        exceed $100,000;
 8             (F)  subsection (h) of Section 401 by delivering  or
 9        possessing   with   intent   to   deliver  a  controlled,
10        counterfeit, or look-alike substance in or on, or  within
11        1,000  feet  of,  a  truck  stop  or safety rest area, is
12        guilty of a Class 3 felony, the fine for which shall  not
13        exceed $75,000;
14        (3)  Any  person  who  violates  paragraph  (2)  of  this
15    subsection  (a)  by  delivering  or possessing with intent to
16    deliver a controlled, counterfeit, or look-alike substance in
17    or on, or within 1,000 feet of a truck stop or a safety  rest
18    area,   following   a  prior  conviction  or  convictions  of
19    paragraph (2) of this subsection (a) may be  sentenced  to  a
20    term of imprisonment up to 2 times the maximum term and fined
21    an  amount  up  to 2 times the amount otherwise authorized by
22    Section 401.
23        (4)  For the purposes of this subsection (a):
24             (A)  "Safety rest area" means  a  roadside  facility
25        removed  from  the  roadway  with  parking and facilities
26        designed for motorists' rest,  comfort,  and  information
27        needs; and
28             (B)  "Truck   stop"  means  any  facility  (and  its
29        parking areas) used to provide fuel or service, or  both,
30        to  any  commercial  motor  vehicle as defined in Section
31        18b-101 of the Illinois Vehicle Code.
32        (b)  Any person who violates:
33             (1)  subsection (c) of Section 401 in any school, or
34        any conveyance owned, leased or contracted by a school to
 
SB847 Re-enrolled              -24-           SDS/910003/CTdo
 1        transport students to or from school or a school  related
 2        activity,  or residential property owned, operated or and
 3        managed by a public housing agency or leased by a  public
 4        housing   agency   as   part   of  a  scattered  site  or
 5        mixed-income development, or public  park,  on  the  real
 6        property  comprising  any  school or residential property
 7        owned, operated or and    managed  by  a  public  housing
 8        agency  or leased by a public housing agency as part of a
 9        scattered site or  mixed-income  development,  or  public
10        park  or  on any public way within 1,000 feet of the real
11        property comprising any school  or  residential  property
12        owned, operated or and managed by a public housing agency
13        or  leased  by  a  public  housing  agency  as  part of a
14        scattered site or  mixed-income  development,  or  public
15        park,   on  the  real  property  comprising  any  church,
16        synagogue, or other building, structure,  or  place  used
17        primarily  for  religious  worship,  or on any public way
18        within 1,000 feet of the  real  property  comprising  any
19        church, synagogue, or other building, structure, or place
20        used   primarily  for  religious  worship,  on  the  real
21        property  comprising  any  of   the   following   places,
22        buildings,  or  structures  used primarily for housing or
23        providing  space  for  activities  for  senior  citizens:
24        nursing homes, assisted-living  centers,  senior  citizen
25        housing  complexes,  or  senior  centers  oriented toward
26        daytime activities, or on a public way within 1,000  feet
27        of  the  real  property  comprising  any of the following
28        places,  buildings,  or  structures  used  primarily  for
29        housing or providing  space  for  activities  for  senior
30        citizens:  nursing homes, assisted-living centers, senior
31        citizen housing complexes,  or  senior  centers  oriented
32        toward  daytime activities is guilty of a Class X felony,
33        the fine for which shall not exceed $500,000;
34             (2)  subsection (d) of Section 401 in any school, or
 
SB847 Re-enrolled              -25-           SDS/910003/CTdo
 1        any conveyance owned, leased or contracted by a school to
 2        transport students to or from school or a school  related
 3        activity,  or residential property owned, operated or and
 4        managed by a public housing agency or leased by a  public
 5        housing   agency   as   part   of  a  scattered  site  or
 6        mixed-income development, or public  park,  on  the  real
 7        property  comprising  any  school or residential property
 8        owned, operated or and managed by a public housing agency
 9        or leased by  a  public  housing  agency  as  part  of  a
10        scattered  site  or  mixed-income  development, or public
11        park or on any public way within 1,000 feet of  the  real
12        property  comprising  any  school or residential property
13        owned, operated or and managed by a public housing agency
14        or leased by  a  public  housing  agency  as  part  of  a
15        scattered  site  or  mixed-income  development, or public
16        park,  on  the  real  property  comprising  any   church,
17        synagogue,  or  other  building, structure, or place used
18        primarily for religious worship, or  on  any  public  way
19        within  1,000  feet  of  the real property comprising any
20        church, synagogue, or other building, structure, or place
21        used  primarily  for  religious  worship,  on  the   real
22        property   comprising   any   of  the  following  places,
23        buildings, or structures used primarily  for  housing  or
24        providing  space  for  activities  for  senior  citizens:
25        nursing  homes,  assisted-living  centers, senior citizen
26        housing complexes,  or  senior  centers  oriented  toward
27        daytime  activities, or on a public way within 1,000 feet
28        of the real property  comprising  any  of  the  following
29        places,  buildings,  or  structures  used  primarily  for
30        housing  or  providing  space  for  activities for senior
31        citizens: nursing homes, assisted-living centers,  senior
32        citizen  housing  complexes,  or  senior centers oriented
33        toward daytime activities is guilty of a Class 1  felony,
34        the fine for which shall not exceed $250,000;
 
SB847 Re-enrolled              -26-           SDS/910003/CTdo
 1             (3)  subsection (e) of Section 401 or Subsection (b)
 2        of  Section  404  in any school, or any conveyance owned,
 3        leased or contracted by a school to transport students to
 4        or  from  school  or  a  school  related   activity,   or
 5        residential  property owned, operated or and managed by a
 6        public housing agency  or  leased  by  a  public  housing
 7        agency  as  part  of  a  scattered  site  or mixed-income
 8        development,  or  public  park,  on  the  real   property
 9        comprising  any  school  or  residential  property owned,
10        operated or and managed by a  public  housing  agency  or
11        leased  by a public housing agency as part of a scattered
12        site or mixed-income development, or public  park  or  on
13        any  public  way  within  1,000 feet of the real property
14        comprising any  school  or  residential  property  owned,
15        operated  or  and  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, or public park, on the
18        real property comprising any church, synagogue, or  other
19        building,   structure,   or   place  used  primarily  for
20        religious worship, or on a public way within  1,000  feet
21        of the real property comprising any church, synagogue, or
22        other  building,  structure,  or place used primarily for
23        religious worship, on the real property comprising any of
24        the  following  places,  buildings,  or  structures  used
25        primarily for housing or providing space  for  activities
26        for   senior  citizens:  nursing  homes,  assisted-living
27        centers, senior  citizen  housing  complexes,  or  senior
28        centers  oriented  toward  daytime  activities,  or  on a
29        public  way  within  1,000  feet  of  the  real  property
30        comprising any of the  following  places,  buildings,  or
31        structures  used primarily for housing or providing space
32        for  activities  for  senior  citizens:  nursing   homes,
33        assisted-living    centers,    senior   citizen   housing
34        complexes, or  senior  centers  oriented  toward  daytime
 
SB847 Re-enrolled              -27-           SDS/910003/CTdo
 1        activities  is  guilty  of a Class 2 felony, the fine for
 2        which shall not exceed $200,000;
 3             (4)  subsection (f) of Section 401 in any school, or
 4        any conveyance owned, leased or contracted by a school to
 5        transport students to or from school or a school  related
 6        activity,  or residential property owned, operated or and
 7        managed by a public housing agency or leased by a  public
 8        housing   agency   as   part   of  a  scattered  site  or
 9        mixed-income development, or public  park,  on  the  real
10        property  comprising  any  school or residential property
11        owned, operated or and    managed  by  a  public  housing
12        agency  or leased by a public housing agency as part of a
13        scattered site or  mixed-income  development,  or  public
14        park  or  on any public way within 1,000 feet of the real
15        property comprising any school  or  residential  property
16        owned, operated or and managed by a public housing agency
17        or  leased  by  a  public  housing  agency  as  part of a
18        scattered site or  mixed-income  development,  or  public
19        park,   on  the  real  property  comprising  any  church,
20        synagogue, or other building, structure,  or  place  used
21        primarily  for  religious  worship,  or on any public way
22        within 1,000 feet of the  real  property  comprising  any
23        church, synagogue, or other building, structure, or place
24        used   primarily  for  religious  worship,  on  the  real
25        property  comprising  any  of   the   following   places,
26        buildings,  or  structures  used primarily for housing or
27        providing  space  for  activities  for  senior  citizens:
28        nursing homes, assisted-living  centers,  senior  citizen
29        housing  complexes,  or  senior  centers  oriented toward
30        daytime activities, or on a public way within 1,000  feet
31        of  the  real  property  comprising  any of the following
32        places,  buildings,  or  structures  used  primarily  for
33        housing or providing  space  for  activities  for  senior
34        citizens:  nursing homes, assisted-living centers, senior
 
SB847 Re-enrolled              -28-           SDS/910003/CTdo
 1        citizen housing complexes,  or  senior  centers  oriented
 2        toward  daytime activities is guilty of a Class 2 felony,
 3        the fine for which shall not exceed $150,000;
 4             (5)  subsection (g) of Section 401 in any school, or
 5        any conveyance owned, leased or contracted by a school to
 6        transport students to or from school or a school  related
 7        activity,  or residential property owned, operated or and
 8        managed by a public housing agency or leased by a  public
 9        housing   agency   as   part   of  a  scattered  site  or
10        mixed-income development, or public  park,  on  the  real
11        property  comprising  any  school or residential property
12        owned, operated or   and  managed  by  a  public  housing
13        agency  or leased by a public housing agency as part of a
14        scattered site or  mixed-income  development,  or  public
15        park  or  on any public way within 1,000 feet of the real
16        property comprising any school  or  residential  property
17        owned, operated or and managed by a public housing agency
18        or  leased  by  a  public  housing  agency  as  part of a
19        scattered site or  mixed-income  development,  or  public
20        park,   on  the  real  property  comprising  any  church,
21        synagogue, or other building, structure,  or  place  used
22        primarily  for  religious  worship,  or on any public way
23        within 1,000 feet of the  real  property  comprising  any
24        church, synagogue, or other building, structure, or place
25        used   primarily  for  religious  worship,  on  the  real
26        property  comprising  any  of   the   following   places,
27        buildings,  or  structures  used primarily for housing or
28        providing  space  for  activities  for  senior  citizens:
29        nursing homes, assisted-living  centers,  senior  citizen
30        housing  complexes,  or  senior  centers  oriented toward
31        daytime activities, or on a public way within 1,000  feet
32        of  the  real  property  comprising  any of the following
33        places,  buildings,  or  structures  used  primarily  for
34        housing or providing  space  for  activities  for  senior
 
SB847 Re-enrolled              -29-           SDS/910003/CTdo
 1        citizens:  nursing homes, assisted-living centers, senior
 2        citizen housing complexes,  or  senior  centers  oriented
 3        toward  daytime activities is guilty of a Class 2 felony,
 4        the fine for which shall not exceed $125,000;
 5             (6)  subsection (h) of Section 401 in any school, or
 6        any conveyance owned, leased or contracted by a school to
 7        transport students to or from school or a school  related
 8        activity,  or residential property owned, operated or and
 9        managed by a public housing agency or leased by a  public
10        housing   agency   as   part   of  a  scattered  site  or
11        mixed-income development, or public  park,  on  the  real
12        property  comprising  any  school or residential property
13        owned, operated or and managed by a public housing agency
14        or leased by  a  public  housing  agency  as  part  of  a
15        scattered  site  or  mixed-income  development, or public
16        park or on any public way within 1,000 feet of  the  real
17        property  comprising  any  school or residential property
18        owned, operated or and managed by a public housing agency
19        or leased by  a  public  housing  agency  as  part  of  a
20        scattered  site  or  mixed-income  development, or public
21        park,  on  the  real  property  comprising  any   church,
22        synagogue,  or  other  building, structure, or place used
23        primarily for religious worship, or  on  any  public  way
24        within  1,000  feet  of  the real property comprising any
25        church, synagogue, or other building, structure, or place
26        used  primarily  for  religious  worship,  on  the   real
27        property   comprising   any   of  the  following  places,
28        buildings, or structures used primarily  for  housing  or
29        providing  space  for  activities  for  senior  citizens:
30        nursing  homes,  assisted-living  centers, senior citizen
31        housing complexes,  or  senior  centers  oriented  toward
32        daytime  activities, or on a public way within 1,000 feet
33        of the real property  comprising  any  of  the  following
34        places,  buildings,  or  structures  used  primarily  for
 
SB847 Re-enrolled              -30-           SDS/910003/CTdo
 1        housing  or  providing  space  for  activities for senior
 2        citizens: nursing homes, assisted-living centers,  senior
 3        citizen  housing  complexes,  or  senior centers oriented
 4        toward daytime activities is guilty of a Class 2  felony,
 5        the  fine  for which  shall not exceed $100,000.
 6        (c)  Regarding penalties prescribed in subsection (b) for
 7    violations  committed  in a school or on or within 1,000 feet
 8    of school property, the time of day, time of year and whether
 9    classes were currently in session at the time of the  offense
10    is irrelevant.
11    (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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