State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ]

90_SB1427

      720 ILCS 5/24-1           from Ch. 38, par. 24-1
      730 ILCS 5/5-5-3.2        from Ch. 38, par. 1005-5-3.2
          Amends the Criminal Code of 1961.  Increases from a Class
      A misdemeanor to a Class 4 felony, the  possession  with  the
      intent  to use unlawfully against another person of a dagger,
      dirk, billy, dangerous knife, razor, stiletto, broken  bottle
      or  other  piece of glass, stun gun or taser, razor, or other
      dangerous or deadly weapon or instrument of like character in
      a school, public housing property, public  park,  courthouse,
      or  a  public  way within 1,000 feet any of these properties.
      Amends the Unified Code of Corrections.  Permits the court to
      impose an extended term sentence upon an  offender  convicted
      of  unlawful  use  of weapons for possessing a weapon that is
      not readily distinguishable as one of the weapons  enumerated
      in the unlawful use of weapons statute.
                                                    LRB9011199RCpkA
                                              LRB9011199RCpkA
 1        AN  ACT  in  relation  to  the  unlawful  use of weapons,
 2    amending named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 24-1 as follows:
 7        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 8        Sec. 24-1. Unlawful Use of Weapons.
 9        (a)  A person commits the  offense  of  unlawful  use  of
10    weapons when he knowingly:
11             (1)  Sells,  manufactures,  purchases,  possesses or
12        carries any bludgeon, black-jack, slung-shot,  sand-club,
13        sand-bag,  metal  knuckles,  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
16        to a button, spring or other device in the handle of  the
17        knife,  or  a  ballistic  knife,  which  is a device that
18        propels a knifelike blade as a projectile by means  of  a
19        coil spring, elastic material or compressed gas; or
20             (2)  Carries  or  possesses  with  intent to use the
21        same 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
24        or deadly weapon or instrument of like character; or
25             (3)  Carries  on  or  about  his  person  or  in any
26        vehicle, a tear gas gun projector or bomb or  any  object
27        containing noxious liquid gas or substance, other than an
28        object  containing  a  non-lethal  noxious  liquid gas or
29        substance designed solely for personal defense carried by
30        a person 18 years of age or older; or
31             (4)  Carries  or  possesses  in   any   vehicle   or
                            -2-               LRB9011199RCpkA
 1        concealed  on or about his person except when on his land
 2        or in his own  abode  or  fixed  place  of  business  any
 3        pistol, revolver, stun gun or taser or other firearm; or
 4             (5)  Sets a spring gun; or
 5             (6)  Possesses  any device or attachment of any kind
 6        designed, used or  intended  for  use  in  silencing  the
 7        report of any firearm; or
 8             (7)  Sells,  manufactures,  purchases,  possesses or
 9        carries:
10                  (i)  a machine gun, which shall be defined  for
11             the purposes of this subsection as any weapon, which
12             shoots,  is  designed  to  shoot,  or can be readily
13             restored to shoot, automatically more than one  shot
14             without  manually  reloading by a single function of
15             the trigger, including the frame or receiver of  any
16             such  weapon,  or  sells,  manufactures,  purchases,
17             possesses,  or  carries  any  combination  of  parts
18             designed  or  intended  for  use  in  converting any
19             weapon into a machine gun,  or  any  combination  or
20             parts  from  which a machine gun can be assembled if
21             such parts  are  in  the  possession  or  under  the
22             control of a person;
23                  (ii)  any rifle having one or more barrels less
24             than  16 inches in length or a shotgun having one or
25             more barrels less than 18 inches in  length  or  any
26             weapon  made  from  a  rifle  or shotgun, whether by
27             alteration, modification, or otherwise,  if  such  a
28             weapon  as  modified  has  an overall length of less
29             than 26 inches; or
30                  (iii)  any bomb, bomb-shell, grenade, bottle or
31             other container containing an explosive substance of
32             over one-quarter ounce for like purposes,  such  as,
33             but  not  limited to, black powder bombs and Molotov
34             cocktails or artillery projectiles; or
                            -3-               LRB9011199RCpkA
 1             (8)  Carries or possesses any firearm, stun  gun  or
 2        taser  or  other  deadly  weapon  in  any  place which is
 3        licensed to sell intoxicating beverages, or at any public
 4        gathering held  pursuant  to  a  license  issued  by  any
 5        governmental  body  or  any  public gathering at which an
 6        admission is charged, excluding a place where a  showing,
 7        demonstration  or  lecture  involving  the  exhibition of
 8        unloaded firearms is conducted; or
 9             (9)  Carries or possesses in  a  vehicle  or  on  or
10        about  his person any pistol, revolver, stun gun or taser
11        or firearm or ballistic knife, when he is  hooded,  robed
12        or masked in such manner as to conceal his identity; or
13             (10)  Carries  or  possesses on or about his person,
14        upon any public street,  alley,  or  other  public  lands
15        within  the  corporate  limits  of  a  city,  village  or
16        incorporated  town,  except  when  an  invitee thereon or
17        therein, for the purpose of the display of such weapon or
18        the lawful commerce in weapons, or  except  when  on  his
19        land  or in his own abode or fixed place of business, any
20        pistol, revolver, stun gun or taser or other firearm.
21             A "stun gun or taser", as used in this paragraph (a)
22        means (i) any  device  which  is  powered  by  electrical
23        charging  units,  such as, batteries, and which fires one
24        or several barbs attached to a length of wire and  which,
25        upon  hitting  a human, can send out a current capable of
26        disrupting the person's nervous system in such  a  manner
27        as  to render him incapable of normal functioning or (ii)
28        any device which is powered by electrical charging units,
29        such as batteries, and which, upon contact with  a  human
30        or clothing worn by a human, can send out current capable
31        of  disrupting  the  person's  nervous  system  in such a
32        manner as to render him incapable of normal  functioning;
33        or
34             (11)  Sells, manufactures or purchases any explosive
                            -4-               LRB9011199RCpkA
 1        bullet.   For  purposes  of this paragraph (a) "explosive
 2        bullet" means the projectile  portion  of  an  ammunition
 3        cartridge  which  contains or carries an explosive charge
 4        which will explode upon contact with the flesh of a human
 5        or an animal.  "Cartridge" means  a  tubular  metal  case
 6        having  a  projectile  affixed at the front thereof and a
 7        cap  or  primer  at  the  rear  end  thereof,  with   the
 8        propellant  contained in such tube between the projectile
 9        and the cap; or
10             (12)  (Blank).
11        (b)  Sentence. A  person  convicted  of  a  violation  of
12    subsection  24-1(a)(1)  through  (3),  subsection 24-1(a)(5),
13    subsection 24-1(a)(8), or subsection  24-1(a)(11)  commits  a
14    Class  A  misdemeanor.   A person convicted of a violation of
15    subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10)  commits  a
16    Class  4  felony;  a  person  convicted  of  a  violation  of
17    subsection  24-1(a)(6)  or  24-1(a)(7)(ii) or (iii) commits a
18    Class 3  felony.   A  person  convicted  of  a  violation  of
19    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
20    weapon  is  possessed in the passenger compartment of a motor
21    vehicle as defined in Section 1-146 of the  Illinois  Vehicle
22    Code,  or on the person, while the weapon is loaded, in which
23    case it shall be a Class X felony.   A person convicted of  a
24    second  or  subsequent  violation  of  subsection 24-1(a)(4),
25    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
26        (c)  Violations in specific places.
27             (1)  A person who violates subsection 24-1(a)(6)  or
28        24-1(a)(7)  in  any school, regardless of the time of day
29        or the time  of  year,  in  residential  property  owned,
30        operated  and  managed  by  a public housing agency, in a
31        public park,  in  a  courthouse,  on  the  real  property
32        comprising  any  school, regardless of the time of day or
33        the  time  of  year,  on  residential   property   owned,
34        operated  and  managed by a public housing agency, on the
                            -5-               LRB9011199RCpkA
 1        real property comprising any public  park,  on  the  real
 2        property  comprising  any  courthouse,  in any conveyance
 3        owned, leased or contracted  by  a  school  to  transport
 4        students  to or from school or a school related activity,
 5        or on any public  way  within  1,000  feet  of  the  real
 6        property  comprising any school, public park, courthouse,
 7        or residential property owned, operated, and managed by a
 8        public housing agency commits a Class 2 felony.
 9             (1.5)  A person who violates subsection  24-1(a)(4),
10        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
11        the time of day or  the  time  of  year,  in  residential
12        property owned, operated, and managed by a public housing
13        agency,  in  a  public park, in a courthouse, on the real
14        property comprising any school, regardless of the time of
15        day or the time of year, on residential  property  owned,
16        operated,  and managed by a public housing agency, on the
17        real property comprising any public  park,  on  the  real
18        property  comprising  any  courthouse,  in any conveyance
19        owned, leased, or contracted by  a  school  to  transport
20        students  to or from school or a school related activity,
21        or on any public  way  within  1,000  feet  of  the  real
22        property  comprising any school, public park, courthouse,
23        or residential property owned, operated, and managed by a
24        public housing agency commits a Class 3 felony.
25             (2)  A person who  violates  subsection  24-1(a)(1),
26        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
27        the time of day or  the  time  of  year,  in  residential
28        property  owned, operated and managed by a public housing
29        agency, in a public park, in a courthouse,  on  the  real
30        property comprising any school, regardless of the time of
31        day  or  the time of year, on residential property owned,
32        operated and managed by a public housing agency,  on  the
33        real  property  comprising  any  public park, on the real
34        property comprising any  courthouse,  in  any  conveyance
                            -6-               LRB9011199RCpkA
 1        owned,  leased  or  contracted  by  a school to transport
 2        students to or from school or a school related  activity,
 3        or  on  any  public  way  within  1,000  feet of the real
 4        property comprising any school, public park,  courthouse,
 5        or residential property owned, operated, and managed by a
 6        public   housing   agency   commits  a  Class  4  felony.
 7        "Courthouse" means any  building  that  is  used  by  the
 8        Circuit,  Appellate,  or  Supreme Court of this State for
 9        the conduct of official business.
10             (3)  Paragraphs  (1),  (1.5),  and   (2)   of   this
11        subsection   (c)  shall  not  apply  to  law  enforcement
12        officers or security officers of such school, college, or
13        university or to students carrying or possessing firearms
14        for use in training  courses,  parades,  hunting,  target
15        shooting  on school ranges, or otherwise with the consent
16        of school authorities and which firearms are  transported
17        unloaded   enclosed   in   a   suitable   case,  box,  or
18        transportation package.
19             (4)  For  the  purposes  of  this  subsection   (c),
20        "school"  means  any  public  or  private  elementary  or
21        secondary   school,   community   college,   college,  or
22        university.
23        (d)  The presence in an automobile other  than  a  public
24    omnibus of any weapon, instrument or substance referred to in
25    subsection  (a)(7)  is prima facie evidence that it is in the
26    possession of, and is being carried by, all persons occupying
27    such automobile  at  the  time  such  weapon,  instrument  or
28    substance is found, except under the following circumstances:
29    (i)  if  such  weapon, instrument or instrumentality is found
30    upon the person of one of the occupants therein; or  (ii)  if
31    such   weapon,   instrument  or  substance  is  found  in  an
32    automobile operated for hire by a duly licensed driver in the
33    due, lawful and  proper  pursuit  of  his  trade,  then  such
34    presumption shall not apply to the driver.
                            -7-               LRB9011199RCpkA
 1        (e)  Exemptions.   Crossbows, Common or Compound bows and
 2    Underwater Spearguns are  exempted  from  the  definition  of
 3    ballistic knife as defined in paragraph (1) of subsection (a)
 4    of this Section.
 5    (Source: P.A.  87-524;  87-930;  88-156; 88-467; 88-670, eff.
 6    12-2-94; 88-680, eff. 1-1-95.)
 7        Section 10.  The Unified Code of Corrections  is  amended
 8    by changing Section 5-5-3.2 as follows:
 9        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
10        Sec. 5-5-3.2.  Factors in Aggravation.
11        (a)  The  following  factors  shall be accorded weight in
12    favor of imposing a term of imprisonment or may be considered
13    by the court as reasons to  impose  a  more  severe  sentence
14    under Section 5-8-1:
15             (1)  the  defendant's  conduct  caused or threatened
16        serious harm;
17             (2)  the   defendant   received   compensation   for
18        committing the offense;
19             (3)  the  defendant   has   a   history   of   prior
20        delinquency or criminal activity;
21             (4)  the  defendant,  by the duties of his office or
22        by his position, was obliged to  prevent  the  particular
23        offense committed or to bring the offenders committing it
24        to justice;
25             (5)  the defendant held public office at the time of
26        the  offense,  and  the offense related to the conduct of
27        that office;
28             (6)  the   defendant   utilized   his   professional
29        reputation or position in the  community  to  commit  the
30        offense,  or  to afford him an easier means of committing
31        it;
32             (7)  the sentence is necessary to deter others  from
                            -8-               LRB9011199RCpkA
 1        committing the same crime;
 2             (8)  the  defendant  committed the offense against a
 3        person  60  years  of  age  or  older  or  such  person's
 4        property;
 5             (9)  the defendant committed the offense  against  a
 6        person  who  is  physically  handicapped or such person's
 7        property;
 8             (10)  by reason of another  individual's  actual  or
 9        perceived race, color, creed, religion, ancestry, gender,
10        sexual  orientation,  physical  or  mental disability, or
11        national origin,  the  defendant  committed  the  offense
12        against  (i)  the  person or property of that individual;
13        (ii) the person or  property  of  a  person  who  has  an
14        association with, is married to, or has a friendship with
15        the  other individual; or (iii) the person or property of
16        a relative (by blood or marriage) of a  person  described
17        in clause (i) or (ii).  For the purposes of this Section,
18        "sexual      orientation"      means     heterosexuality,
19        homosexuality, or bisexuality;
20             (11)  the offense took place in a place  of  worship
21        or  on  the  grounds  of  a place of worship, immediately
22        prior  to,  during  or  immediately   following   worship
23        services.   For  purposes of this subparagraph, "place of
24        worship"  shall  mean  any  church,  synagogue  or  other
25        building, structure or place used primarily for religious
26        worship;
27             (12)  the  defendant  was  convicted  of  a   felony
28        committed  while  he  was  released  on  bail  or his own
29        recognizance pending trial for a  prior  felony  and  was
30        convicted  of  such  prior  felony,  or the defendant was
31        convicted of a felony committed while he  was  serving  a
32        period  of probation, conditional discharge, or mandatory
33        supervised release under subsection (d) of Section  5-8-1
34        for a prior felony;
                            -9-               LRB9011199RCpkA
 1             (13)  the defendant committed or attempted to commit
 2        a  felony  while  he was wearing a bulletproof vest.  For
 3        the purposes of this paragraph (13), a  bulletproof  vest
 4        is  any  device  which  is  designed  for  the purpose of
 5        protecting the wearer from bullets, shot or other  lethal
 6        projectiles;
 7             (14)  the  defendant  held  a  position  of trust or
 8        supervision such as, but not limited to, family member as
 9        defined in Section 12-12 of the Criminal  Code  of  1961,
10        teacher,  scout  leader, baby sitter, or day care worker,
11        in relation to a victim under 18 years of  age,  and  the
12        defendant  committed  an  offense in violation of Section
13        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
14        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
15        1961 against that victim;
16             (15)  the defendant committed an offense related  to
17        the activities of an organized gang.  For the purposes of
18        this factor, "organized gang" has the meaning ascribed to
19        it  in  Section  10  of  the Streetgang Terrorism Omnibus
20        Prevention Act;
21             (16)  the  defendant   committed   an   offense   in
22        violation  of  one  of  the following Sections while in a
23        school, regardless of the time of day or time of year; on
24        any conveyance owned, leased, or contracted by  a  school
25        to  transport  students  to  or  from  school or a school
26        related activity; on the real property of a school; or on
27        a public way within  1,000  feet  of  the  real  property
28        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
29        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
30        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
31        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
32        1961.
33        For the purposes of this Section, "school" is defined  as
34    a public or private elementary or secondary school, community
                            -10-              LRB9011199RCpkA
 1    college, college, or university.
 2        (b)  The following factors may be considered by the court
 3    as  reasons to impose an extended term sentence under Section
 4    5-8-2 upon any offender:
 5             (1)  When a defendant is convicted  of  any  felony,
 6        after having been previously convicted in Illinois or any
 7        other jurisdiction of the same or similar class felony or
 8        greater  class  felony, when such conviction has occurred
 9        within 10 years after the previous conviction,  excluding
10        time  spent  in  custody, and such charges are separately
11        brought and tried and arise out of  different  series  of
12        acts; or
13             (2)  When a defendant is convicted of any felony and
14        the  court  finds  that  the  offense  was accompanied by
15        exceptionally brutal or heinous  behavior  indicative  of
16        wanton cruelty; or
17             (3)  When  a  defendant  is  convicted  of voluntary
18        manslaughter,   second   degree    murder,    involuntary
19        manslaughter  or reckless homicide in which the defendant
20        has been convicted of causing the death of more than  one
21        individual; or
22             (4)  When  a  defendant  is  convicted of any felony
23        committed against:
24                  (i)  a person under 12 years of age at the time
25             of the offense or such person's property;
26                  (ii)  a person 60 years of age or older at  the
27             time of the offense or such person's property; or
28                  (iii)  a  person  physically handicapped at the
29             time of the offense or such person's property; or
30             (5)  In  the  case  of  a  defendant  convicted   of
31        aggravated  criminal  sexual  assault  or criminal sexual
32        assault, when the court finds  that  aggravated  criminal
33        sexual  assault  or  criminal  sexual  assault  was  also
34        committed  on  the  same  victim  by  one  or  more other
                            -11-              LRB9011199RCpkA
 1        individuals, and the defendant  voluntarily  participated
 2        in  the  crime with the knowledge of the participation of
 3        the others in the crime, and the commission of the  crime
 4        was part of a single course of conduct during which there
 5        was  no  substantial change in the nature of the criminal
 6        objective; or
 7             (6)  When a defendant is convicted of any felony and
 8        the offense  involved  any  of  the  following  types  of
 9        specific  misconduct  committed  as  part  of a ceremony,
10        rite, initiation, observance,  performance,  practice  or
11        activity   of   any   actual   or  ostensible  religious,
12        fraternal, or social group:
13                  (i)  the brutalizing or torturing of humans  or
14             animals;
15                  (ii)  the theft of human corpses;
16                  (iii)  the kidnapping of humans;
17                  (iv)  the    desecration   of   any   cemetery,
18             religious,   fraternal,   business,    governmental,
19             educational, or other building or property; or
20                  (v)  ritualized abuse of a child; or
21             (7)  When  a  defendant is convicted of first degree
22        murder,  after  having  been  previously   convicted   in
23        Illinois  of any offense listed under paragraph (c)(2) of
24        Section 5-5-3, when such conviction has  occurred  within
25        10  years  after  the previous conviction, excluding time
26        spent in custody, and such charges are separately brought
27        and tried and arise out of different series of acts; or
28             (8)  When a defendant is convicted of a felony other
29        than conspiracy and the court finds that the  felony  was
30        committed under an agreement with 2 or more other persons
31        to commit that offense and the defendant, with respect to
32        the  other individuals, occupied a position of organizer,
33        supervisor,  financier,  or   any   other   position   of
34        management  or  leadership,  and  the court further finds
                            -12-              LRB9011199RCpkA
 1        that  the  felony  committed  was  related   to   or   in
 2        furtherance  of  the  criminal activities of an organized
 3        gang or was motivated by the defendant's leadership in an
 4        organized gang; or
 5             (9)  When a  defendant  is  convicted  of  a  felony
 6        violation  of  Section  24-1 of the Criminal Code of 1961
 7        and the court finds that the defendant is a member of  an
 8        organized gang.
 9        (b-1)  For the purposes of this Section, "organized gang"
10    has  the meaning ascribed to it in Section 10 of the Illinois
11    Streetgang Terrorism Omnibus Prevention Act.
12        (c)  The court may impose an extended term sentence under
13    Section  5-8-2  upon  any  offender  who  was  convicted   of
14    aggravated criminal sexual assault where the victim was under
15    18 years of age at the time of the commission of the offense.
16        (d)  The court may impose an extended term sentence under
17    Section 5-8-2 upon any offender who was convicted of unlawful
18    use  of  weapons  under  Section 24-1 of the Criminal Code of
19    1961  for  possessing  a   weapon   that   is   not   readily
20    distinguishable  as  one of the weapons enumerated in Section
21    24-1 of the Criminal Code of 1961.
22    (Source: P.A. 89-235,  eff.  8-4-95;  89-377,  eff.  8-18-95;
23    89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
24    65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)

[ Top ]