093_HB2513

 
                                     LRB093 08564 RLC 08790 b

 1        AN ACT in relation to 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  1961 is amended by
 5    adding Section 24-3.7 as follows:

 6        (720 ILCS 5/24-3.7 new)
 7        Sec. 24-3.7.  Certain sniper weapons.
 8        (a)  In this Section, "50 caliber sniper weapon" means  a
 9    rifle  capable  of  firing  a  center-fire  cartridge  in  50
10    caliber, .50 BMG caliber, any other variant of 50 caliber, or
11    any metric equivalent of that caliber.
12        (b)  It  is  unlawful for a person, within this State, to
13    distribute, transport, or import into this State  or  possess
14    with  intent  to  sell  or  to offer for sale or to give a 50
15    caliber sniper weapon.
16        (c) It is unlawful for a person  to  transfer,  sell,  or
17    give  any 50 caliber sniper weapon to a person under 18 years
18    of age.
19        (d)  It is  unlawful  to  possess  a  50  caliber  sniper
20    weapon.
21        (e)  This  Section does not apply to or affect any of the
22    following:
23             (1)  Peace officers while in  performance  of  their
24        official duties.
25             (2)   Wardens,   superintendents,   and  keepers  of
26        prisons, penitentiaries, jails,  and  other  institutions
27        for  the  detention of persons accused or convicted of an
28        offense.
29             (3)  Members of the of the Armed Services or Reserve
30        Forces of the United  States  or  the  Illinois  National
31        Guard, while in the performance of their official duty.
 
                            -2-      LRB093 08564 RLC 08790 b
 1             (4)  The  transfer or passing of a 50 caliber sniper
 2        weapon upon the death of the owner to his or her heir  or
 3        legatee until 60 days after the transfer or passing.
 4             (5)  The possession of a 50 caliber sniper weapon by
 5        an executor or administrator  of  an  estate  during  the
 6        administration   of   an  estate   until  transferred  in
 7        accordance with the Probate  Act  of  1975  to  a  person
 8        authorized under this Section to possess that weapon.
 9             (6)  Manufacture,  transportation,  or  sale  of  50
10        caliber   sniper  weapons  to  persons  authorized  under
11        paragraphs (1) through (3)  of  this  subsection  (e)  to
12        possess  50  caliber  sniper  weapons,  if the 50 caliber
13        sniper weapons are broken down in a non-functioning state
14        or are not immediately accessible.
15        (f)  Sentence.
16             (1)  A person  convicted  of  a  violation  of  this
17        Section commits a Class 2 felony.
18             (2)  A   person   who   violates   this  Section  by
19        possessing a 50 caliber sniper weapon  in  the  passenger
20        compartment  of  a    motor vehicle as defined in Section
21        1-146 of the Illinois    Vehicle Code, or on his  or  her
22        person while the weapon is loaded, is guilty of a Class X
23        felony.
24             (3)  A  person  who  violates  this  Section  in any
25        school, regardless of the time of  day  or  the  time  of
26        year,  in residential property owned, operated or managed
27        by a public housing agency or leased by a public  housing
28        agency  as  part  of  a  scattered  site  or mixed-income
29        development, in a public park, in a  courthouse,  on  the
30        real  property  comprising  any school, regardless of the
31        time of day or the time of year, on residential  property
32        owned,  operated or managed by a public housing agency or
33        leased by a public housing agency as part of a  scattered
34        site  or  mixed-income  development, on the real property
 
                            -3-      LRB093 08564 RLC 08790 b
 1        comprising  any  public  park,  on  the   real   property
 2        comprising  any  courthouse,  in  any  conveyance  owned,
 3        leased or contracted by a school to transport students to
 4        or  from  school  or a school related activity, or on any
 5        public  way  within  1,000  feet  of  the  real  property
 6        comprising  any  school,  public  park,  courthouse,   or
 7        residential  property  owned,  operated,  or managed by a
 8        public housing agency  or  leased  by  a  public  housing
 9        agency  as  part  of  a  scattered  site  or mixed-income
10        development commits a Class 2 felony.
11             (4)  A person who violates subsection (c) is  guilty
12        of a Class 1 felony.
13             (5)  A   person   who   violates   this  Section  by
14        possessing a 50 caliber sniper  weapon  that  he  or  she
15        acquired before the effective date of this amendatory Act
16        of the 93rd General Assembly and does not use that weapon
17        in  the  commission of an offense nor possess that weapon
18        in a place described in paragraph (2) or (3)   is  guilty
19        of a Class A misdemeanor.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.