99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1120

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1 from Ch. 38, par. 24-1

Amends the Criminal Code of 2012. Makes a technical change in a

Section concerning the unlawful use
of weapons.

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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 Section 24-1 as follows:

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

7 Sec. 24-1. Unlawful Use of Weapons.

8 (a) A person commits the~~the~~ offense of unlawful use of

9 weapons when he knowingly:

10 (1) Sells, manufactures, purchases, possesses or

11 carries any bludgeon, black-jack, slung-shot, sand-club,

12 sand-bag, metal knuckles or other knuckle weapon

13 regardless of its composition, throwing star, or any knife,

14 commonly referred to as a switchblade knife, which has a

15 blade that opens automatically by hand pressure applied to

16 a button, spring or other device in the handle of the

17 knife, or a ballistic knife, which is a device that propels

18 a knifelike blade as a projectile by means of a coil

19 spring, elastic material or compressed gas; or

20 (2) Carries or possesses with intent to use the same

21 unlawfully against another, a dagger, dirk, billy,

22 dangerous knife, razor, stiletto, broken bottle or other

23 piece of glass, stun gun or taser or any other dangerous or

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1 deadly weapon or instrument of like character; or

2 (3) Carries on or about his person or in any vehicle, a

3 tear gas gun projector or bomb or any object containing

4 noxious liquid gas or substance, other than an object

5 containing a non-lethal noxious liquid gas or substance

6 designed solely for personal defense carried by a person 18

7 years of age or older; or

8 (4) Carries or possesses in any vehicle or concealed on

9 or about his person except when on his land or in his own

10 abode, legal dwelling, or fixed place of business, or on

11 the land or in the legal dwelling of another person as an

12 invitee with that person's permission, any pistol,

13 revolver, stun gun or taser or other firearm, except that

14 this subsection (a) (4) does not apply to or affect

15 transportation of weapons that meet one of the following

16 conditions:

17 (i) are broken down in a non-functioning state; or

18 (ii) are not immediately accessible; or

19 (iii) are unloaded and enclosed in a case, firearm

20 carrying box, shipping box, or other container by a

21 person who has been issued a currently valid Firearm

22 Owner's Identification Card; or

23 (5) Sets a spring gun; or

24 (6) Possesses any device or attachment of any kind

25 designed, used or intended for use in silencing the report

26 of any firearm; or

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1 (7) Sells, manufactures, purchases, possesses or

2 carries:

3 (i) a machine gun, which shall be defined for the

4 purposes of this subsection as any weapon, which

5 shoots, is designed to shoot, or can be readily

6 restored to shoot, automatically more than one shot

7 without manually reloading by a single function of the

8 trigger, including the frame or receiver of any such

9 weapon, or sells, manufactures, purchases, possesses,

10 or carries any combination of parts designed or

11 intended for use in converting any weapon into a

12 machine gun, or any combination or parts from which a

13 machine gun can be assembled if such parts are in the

14 possession or under the control of a person;

15 (ii) any rifle having one or more barrels less than

16 16 inches in length or a shotgun having one or more

17 barrels less than 18 inches in length or any weapon

18 made from a rifle or shotgun, whether by alteration,

19 modification, or otherwise, if such a weapon as

20 modified has an overall length of less than 26 inches;

21 or

22 (iii) any bomb, bomb-shell, grenade, bottle or

23 other container containing an explosive substance of

24 over one-quarter ounce for like purposes, such as, but

25 not limited to, black powder bombs and Molotov

26 cocktails or artillery projectiles; or

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1 (8) Carries or possesses any firearm, stun gun or taser

2 or other deadly weapon in any place which is licensed to

3 sell intoxicating beverages, or at any public gathering

4 held pursuant to a license issued by any governmental body

5 or any public gathering at which an admission is charged,

6 excluding a place where a showing, demonstration or lecture

7 involving the exhibition of unloaded firearms is

8 conducted.

9 This subsection (a)(8) does not apply to any auction or

10 raffle of a firearm held pursuant to a license or permit

11 issued by a governmental body, nor does it apply to persons

12 engaged in firearm safety training courses; or

13 (9) Carries or possesses in a vehicle or on or about

14 his person any pistol, revolver, stun gun or taser or

15 firearm or ballistic knife, when he is hooded, robed or

16 masked in such manner as to conceal his identity; or

17 (10) Carries or possesses on or about his person, upon

18 any public street, alley, or other public lands within the

19 corporate limits of a city, village or incorporated town,

20 except when an invitee thereon or therein, for the purpose

21 of the display of such weapon or the lawful commerce in

22 weapons, or except when on his land or in his own abode,

23 legal dwelling, or fixed place of business, or on the land

24 or in the legal dwelling of another person as an invitee

25 with that person's permission, any pistol, revolver, stun

26 gun or taser or other firearm, except that this subsection

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1 (a) (10) does not apply to or affect transportation of

2 weapons that meet one of the following conditions:

3 (i) are broken down in a non-functioning state; or

4 (ii) are not immediately accessible; or

5 (iii) are unloaded and enclosed in a case, firearm

6 carrying box, shipping box, or other container by a

7 person who has been issued a currently valid Firearm

8 Owner's Identification Card.

9 A "stun gun or taser", as used in this paragraph (a)

10 means (i) any device which is powered by electrical

11 charging units, such as, batteries, and which fires one or

12 several barbs attached to a length of wire and which, upon

13 hitting a human, can send out a current capable of

14 disrupting the person's nervous system in such a manner as

15 to render him incapable of normal functioning or (ii) any

16 device which is powered by electrical charging units, such

17 as batteries, and which, upon contact with a human or

18 clothing worn by a human, can send out current capable of

19 disrupting the person's nervous system in such a manner as

20 to render him incapable of normal functioning; 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 having

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1 a projectile affixed at the front thereof and a cap or

2 primer at the rear end thereof, with the propellant

3 contained in such tube between the projectile and the cap;

4 or

5 (12) (Blank); or

6 (13) Carries or possesses on or about his or her person

7 while in a building occupied by a unit of government, a

8 billy club, other weapon of like character, or other

9 instrument of like character intended for use as a weapon.

10 For the purposes of this Section, "billy club" means a

11 short stick or club commonly carried by police officers

12 which is either telescopic or constructed of a solid piece

13 of wood or other man-made material.

14 (b) Sentence. A person convicted of a violation of

15 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

16 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

17 Class A misdemeanor. A person convicted of a violation of

18 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

19 person convicted of a violation of subsection 24-1(a)(6) or

20 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

21 convicted of a violation of subsection 24-1(a)(7)(i) commits a

22 Class 2 felony and shall be sentenced to a term of imprisonment

23 of not less than 3 years and not more than 7 years, unless the

24 weapon is possessed in the passenger compartment of a motor

25 vehicle as defined in Section 1-146 of the Illinois Vehicle

26 Code, or on the person, while the weapon is loaded, in which

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1 case it shall be a Class X felony. A person convicted of a

2 second or subsequent violation of subsection 24-1(a)(4),

3 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

4 felony. The possession of each weapon in violation of this

5 Section constitutes a single and separate violation.

6 (c) Violations in specific places.

7 (1) A person who violates subsection 24-1(a)(6) or

8 24-1(a)(7) in any school, regardless of the time of day or

9 the time of year, in residential property owned, operated

10 or managed by a public housing agency or leased by a public

11 housing agency as part of a scattered site or mixed-income

12 development, in a public park, in a courthouse, on the real

13 property comprising any school, regardless of the time of

14 day or the time of year, on residential property owned,

15 operated or managed by a public housing agency or leased by

16 a public housing agency as part of a scattered site or

17 mixed-income development, on the real property comprising

18 any public park, on the real property comprising any

19 courthouse, in any conveyance owned, leased or contracted

20 by a school to transport students to or from school or a

21 school related activity, in any conveyance owned, leased,

22 or contracted by a public transportation agency, or on any

23 public way within 1,000 feet of the real property

24 comprising any school, public park, courthouse, public

25 transportation facility, or residential property owned,

26 operated, or managed by a public housing agency or leased

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1 by a public housing agency as part of a scattered site or

2 mixed-income development commits a Class 2 felony and shall

3 be sentenced to a term of imprisonment of not less than 3

4 years and not more than 7 years.

5 (1.5) A person who violates subsection 24-1(a)(4),

6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

7 time of day or the time of year, in residential property

8 owned, operated, or managed by a public housing agency or

9 leased by a public housing agency as part of a scattered

10 site or mixed-income development, in a public park, in a

11 courthouse, on the real property comprising any school,

12 regardless of the time of day or the time of year, on

13 residential property owned, operated, or managed by a

14 public housing agency or leased by a public housing agency

15 as part of a scattered site or mixed-income development, on

16 the real property comprising any public park, on the real

17 property comprising any courthouse, in any conveyance

18 owned, leased, or contracted by a school to transport

19 students to or from school or a school related activity, in

20 any conveyance owned, leased, or contracted by a public

21 transportation agency, or on any public way within 1,000

22 feet of the real property comprising any school, public

23 park, courthouse, public transportation facility, or

24 residential property owned, operated, or managed by a

25 public housing agency or leased by a public housing agency

26 as part of a scattered site or mixed-income development

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1 commits a Class 3 felony.

2 (2) A person who violates subsection 24-1(a)(1),

3 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

4 time of day or the time of year, in residential property

5 owned, operated or managed by a public housing agency or

6 leased by a public housing agency as part of a scattered

7 site or mixed-income development, in a public park, in a

8 courthouse, on the real property comprising any school,

9 regardless of the time of day or the time of year, on

10 residential property owned, operated or managed by a public

11 housing agency or leased by a public housing agency as part

12 of a scattered site or mixed-income development, on the

13 real property comprising any public park, on the real

14 property comprising any courthouse, in any conveyance

15 owned, leased or contracted by a school to transport

16 students to or from school or a school related activity, in

17 any conveyance owned, leased, or contracted by a public

18 transportation agency, or on any public way within 1,000

19 feet of the real property comprising any school, public

20 park, courthouse, public transportation facility, or

21 residential property owned, operated, or managed by a

22 public housing agency or leased by a public housing agency

23 as part of a scattered site or mixed-income development

24 commits a Class 4 felony. "Courthouse" means any building

25 that is used by the Circuit, Appellate, or Supreme Court of

26 this State for the conduct of official business.

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1 (3) Paragraphs (1), (1.5), and (2) of this subsection

2 (c) shall not apply to law enforcement officers or security

3 officers of such school, college, or university or to

4 students carrying or possessing firearms for use in

5 training courses, parades, hunting, target shooting on

6 school ranges, or otherwise with the consent of school

7 authorities and which firearms are transported unloaded

8 enclosed in a suitable case, box, or transportation

9 package.

10 (4) For the purposes of this subsection (c), "school"

11 means any public or private elementary or secondary school,

12 community college, college, or university.

13 (5) For the purposes of this subsection (c), "public

14 transportation agency" means a public or private agency

15 that provides for the transportation or conveyance of

16 persons by means available to the general public, except

17 for transportation by automobiles not used for conveyance

18 of the general public as passengers; and "public

19 transportation facility" means a terminal or other place

20 where one may obtain public transportation.

21 (d) The presence in an automobile other than a public

22 omnibus of any weapon, instrument or substance referred to in

23 subsection (a)(7) is prima facie evidence that it is in the

24 possession of, and is being carried by, all persons occupying

25 such automobile at the time such weapon, instrument or

26 substance is found, except under the following circumstances:

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1 (i) if such weapon, instrument or instrumentality is found upon

2 the person of one of the occupants therein; or (ii) if such

3 weapon, instrument or substance is found in an automobile

4 operated for hire by a duly licensed driver in the due, lawful

5 and proper pursuit of his trade, then such presumption shall

6 not apply to the driver.

7 (e) Exemptions. Crossbows, Common or Compound bows and

8 Underwater Spearguns are exempted from the definition of

9 ballistic knife as defined in paragraph (1) of subsection (a)

10 of this Section.

11 (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;

12 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;

13 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)