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90_SB0071ham002
LRB9000997RCksam01
1 AMENDMENT TO SENATE BILL 71
2 AMENDMENT NO. . Amend Senate Bill 71 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to certain unlawful activities."; and
5 on page 7, by inserting below line 26 the following:
6 "Section 10. The Criminal Code of 1961 is amended by
7 changing Section 24-1 as follows:
8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
9 Sec. 24-1. Unlawful Use of Weapons.
10 (a) A person commits the offense of unlawful use of
11 weapons when he knowingly:
12 (1) Sells, manufactures, purchases, possesses or
13 carries any bludgeon, black-jack, slung-shot, sand-club,
14 sand-bag, metal knuckles, throwing star, or any knife,
15 commonly referred to as a switchblade knife, which has a
16 blade that opens automatically by hand pressure applied
17 to a button, spring or other device in the handle of the
18 knife, or a ballistic knife, which is a device that
19 propels a knifelike blade as a projectile by means of a
20 coil spring, elastic material or compressed gas; or
21 (2) Carries or possesses with intent to use the
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1 same unlawfully against another, a dagger, dirk, billy,
2 dangerous knife, razor, stiletto, broken bottle or other
3 piece of glass, stun gun or taser or any other dangerous
4 or deadly weapon or instrument of like character; or
5 (3) Carries on or about his person or in any
6 vehicle, a tear gas gun projector or bomb or any object
7 containing noxious liquid gas or substance, other than an
8 object containing a non-lethal noxious liquid gas or
9 substance designed solely for personal defense carried by
10 a person 18 years of age or older; or
11 (4) Carries or possesses in any vehicle or
12 concealed on or about his person except when on his land
13 or in his own abode or fixed place of business any
14 pistol, revolver, stun gun or taser or other firearm; or
15 (5) Sets a spring gun; or
16 (6) Possesses any device or attachment of any kind
17 designed, used or intended for use in silencing the
18 report of any firearm; or
19 (7) Sells, manufactures, purchases, possesses or
20 carries:
21 (i) a machine gun, which shall be defined for
22 the purposes of this subsection as any weapon, which
23 shoots, is designed to shoot, or can be readily
24 restored to shoot, automatically more than one shot
25 without manually reloading by a single function of
26 the trigger, including the frame or receiver of any
27 such weapon, or sells, manufactures, purchases,
28 possesses, or carries any combination of parts
29 designed or intended for use in converting any
30 weapon into a machine gun, or any combination or
31 parts from which a machine gun can be assembled if
32 such parts are in the possession or under the
33 control of a person;
34 (ii) any rifle having one or more barrels less
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1 than 16 inches in length or a shotgun having one or
2 more barrels less than 18 inches in length or any
3 weapon made from a rifle or shotgun, whether by
4 alteration, modification, or otherwise, if such a
5 weapon as modified has an overall length of less
6 than 26 inches; or
7 (iii) any bomb, bomb-shell, grenade, bottle or
8 other container containing an explosive substance of
9 over one-quarter ounce for like purposes, such as,
10 but not limited to, black powder bombs and Molotov
11 cocktails or artillery projectiles; or
12 (8) Carries or possesses any firearm, stun gun or
13 taser or other deadly weapon in any place which is
14 licensed to sell intoxicating beverages, or at any public
15 gathering held pursuant to a license issued by any
16 governmental body or any public gathering at which an
17 admission is charged, excluding a place where a showing,
18 demonstration or lecture involving the exhibition of
19 unloaded firearms is conducted; or
20 (9) Carries or possesses in a vehicle or on or
21 about his person any pistol, revolver, stun gun or taser
22 or firearm or ballistic knife, when he is hooded, robed
23 or masked in such manner as to conceal his identity; or
24 (10) Carries or possesses on or about his person,
25 upon any public street, alley, or other public lands
26 within the corporate limits of a city, village or
27 incorporated town, except when an invitee thereon or
28 therein, for the purpose of the display of such weapon or
29 the lawful commerce in weapons, or except when on his
30 land or in his own abode or fixed place of business, any
31 pistol, revolver, stun gun or taser or other firearm.
32 A "stun gun or taser", as used in this paragraph (a)
33 means (i) any device which is powered by electrical
34 charging units, such as, batteries, and which fires one
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1 or several barbs attached to a length of wire and which,
2 upon hitting a human, can send out a current capable of
3 disrupting the person's nervous system in such a manner
4 as to render him incapable of normal functioning or (ii)
5 any device which is powered by electrical charging units,
6 such as batteries, and which, upon contact with a human
7 or clothing worn by a human, can send out current capable
8 of disrupting the person's nervous system in such a
9 manner as to render him incapable of normal functioning;
10 or
11 (11) Sells, manufactures or purchases any explosive
12 bullet. For purposes of this paragraph (a) "explosive
13 bullet" means the projectile portion of an ammunition
14 cartridge which contains or carries an explosive charge
15 which will explode upon contact with the flesh of a human
16 or an animal. "Cartridge" means a tubular metal case
17 having a projectile affixed at the front thereof and a
18 cap or primer at the rear end thereof, with the
19 propellant contained in such tube between the projectile
20 and the cap; or
21 (12) (Blank).
22 (b) Sentence. A person convicted of a violation of
23 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
24 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
25 Class A misdemeanor. A person convicted of a first violation
26 of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class A
27 misdemeanor. A person convicted of a second or subsequent
28 violation of subsection 24-1(a)(4) or 24-1(a)(10) commits a
29 Class 3 felony. A person under 21 years of age who violates
30 subsection 24-1(a)(4) or 24-1(a)(10) by carrying or
31 possessing a handgun commits a Class 3 felony. A member of
32 an organized gang as defined in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act who is convicted
34 of a violation of subsection 24-1(a)(4) or 24-1(a)(10)
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1 commits a Class 3 felony. A person convicted of a violation
2 of subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits
3 a 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 and managed by a public housing agency, in a
18 public park, in a courthouse, on the real property
19 comprising any school, regardless of the time of day or
20 the time of year, on residential property owned,
21 operated and managed by a public housing agency, on the
22 real property comprising any public park, on the real
23 property comprising any courthouse, in any conveyance
24 owned, leased or contracted by a school to transport
25 students to or from school or a school related activity,
26 or on any public way within 1,000 feet of the real
27 property comprising any school, public park, courthouse,
28 or residential property owned, operated, and managed by a
29 public housing agency commits a Class 2 felony.
30 (1.5) A person who violates subsection 24-1(a)(4),
31 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
32 the time of day or the time of year, in residential
33 property owned, operated, and managed by a public housing
34 agency, in a public park, in a courthouse, on the real
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1 property comprising any school, regardless of the time of
2 day or the time of year, on residential property owned,
3 operated, and managed by a public housing agency, on the
4 real property comprising any public park, on the real
5 property comprising any courthouse, in any conveyance
6 owned, leased, or contracted by a school to transport
7 students to or from school or a school related activity,
8 or on any public way within 1,000 feet of the real
9 property comprising any school, public park, courthouse,
10 or residential property owned, operated, and managed by a
11 public housing agency commits a Class 3 felony.
12 (2) A person who violates subsection 24-1(a)(1) or
13 24-1(a)(3) in any school, regardless of the time of day
14 or the time of year, in residential property owned,
15 operated and managed by a public housing agency, in a
16 public park, in a courthouse, on the real property
17 comprising any school, regardless of the time of day or
18 the time of year, on residential property owned, operated
19 and managed by a public housing agency, on the real
20 property comprising any public park, on the real property
21 comprising any courthouse, in any conveyance owned,
22 leased or contracted by a school to transport students to
23 or from school or a school related activity, or on any
24 public way within 1,000 feet of the real property
25 comprising any school, public park, courthouse, or
26 residential property owned, operated, and managed by a
27 public housing agency commits a Class 4 felony.
28 "Courthouse" means any building that is used by the
29 Circuit, Appellate, or Supreme Court of this State for
30 the conduct of official business.
31 (3) Paragraphs (1), (1.5), and (2) of this
32 subsection (c) shall not apply to law enforcement
33 officers or security officers of such school, college, or
34 university or to students carrying or possessing firearms
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1 for use in training courses, parades, hunting, target
2 shooting on school ranges, or otherwise with the consent
3 of school authorities and which firearms are transported
4 unloaded enclosed in a suitable case, box, or
5 transportation package.
6 (4) For the purposes of this subsection (c),
7 "school" means any public or private elementary or
8 secondary school, community college, college, or
9 university.
10 (d) The presence in an automobile other than a public
11 omnibus of any weapon, instrument or substance referred to in
12 subsection (a)(7) is prima facie evidence that it is in the
13 possession of, and is being carried by, all persons occupying
14 such automobile at the time such weapon, instrument or
15 substance is found, except under the following circumstances:
16 (i) if such weapon, instrument or instrumentality is found
17 upon the person of one of the occupants therein; or (ii) if
18 such weapon, instrument or substance is found in an
19 automobile operated for hire by a duly licensed driver in the
20 due, lawful and proper pursuit of his trade, then such
21 presumption shall not apply to the driver.
22 (e) Exemptions. Crossbows, Common or Compound bows and
23 Underwater Spearguns are exempted from the definition of
24 ballistic knife as defined in paragraph (1) of subsection (a)
25 of this Section.
26 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
27 12-2-94; 88-680, eff. 1-1-95.)".