Judiciary II - Criminal Law Committee

Filed: 5/24/2007

 

 


 

 


 
09500SB0062ham001 LRB095 06267 RLC 36953 a

1
AMENDMENT TO SENATE BILL 62

2     AMENDMENT NO. ______. Amend Senate Bill 62 on page 1, line
3 5, by replacing "and 12-4" with ", 12-4, and 24-1"; and
 
4 on page 14, by replacing lines 12 through 20 with the
5 following:
 
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 offense of unlawful use of weapons
9 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, throwing star, or any knife,
13     commonly referred to as a switchblade knife, which has a
14     blade that opens automatically by hand pressure applied to
15     a button, spring or other device in the handle of the
16     knife, or a ballistic knife, which is a device that propels

 

 

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1     a knifelike blade as a projectile by means of a coil
2     spring, elastic material or compressed gas; or
3         (2) Carries or possesses with intent to use the same
4     unlawfully against another, a dagger, dirk, billy,
5     dangerous knife, razor, stiletto, broken bottle or other
6     piece of glass, stun gun or taser or any other dangerous or
7     deadly weapon or instrument of like character; or
8         (3) Carries on or about his person or in any vehicle, a
9     tear gas gun projector or bomb or any object containing
10     noxious liquid gas or substance, other than an object
11     containing a non-lethal noxious liquid gas or substance
12     designed solely for personal defense carried by a person 18
13     years of age or older; or
14         (4) Carries or possesses in any vehicle or concealed on
15     or about his person except when on his land or in his own
16     abode or fixed place of business any pistol, revolver, stun
17     gun or taser or other firearm, except that this subsection
18     (a) (4) does not apply to or affect transportation of
19     weapons that meet one of the following conditions:
20             (i) are broken down in a non-functioning state; or
21             (ii) are not immediately accessible; or
22             (iii) are unloaded and enclosed in a case, firearm
23         carrying box, shipping box, or other container by a
24         person who has been issued a currently valid Firearm
25         Owner's Identification Card; or
26         (5) Sets a spring gun; or

 

 

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1         (6) Possesses any device or attachment of any kind
2     designed, used or intended for use in silencing the report
3     of any firearm; or
4         (7) Sells, manufactures, purchases, possesses or
5     carries:
6             (i) a machine gun, which shall be defined for the
7         purposes of this subsection as any weapon, which
8         shoots, is designed to shoot, or can be readily
9         restored to shoot, automatically more than one shot
10         without manually reloading by a single function of the
11         trigger, including the frame or receiver of any such
12         weapon, or sells, manufactures, purchases, possesses,
13         or carries any combination of parts designed or
14         intended for use in converting any weapon into a
15         machine gun, or any combination or parts from which a
16         machine gun can be assembled if such parts are in the
17         possession or under the control of a person;
18             (ii) any rifle having one or more barrels less than
19         16 inches in length or a shotgun having one or more
20         barrels less than 18 inches in length or any weapon
21         made from a rifle or shotgun, whether by alteration,
22         modification, or otherwise, if such a weapon as
23         modified has an overall length of less than 26 inches;
24         or
25             (iii) any bomb, bomb-shell, grenade, bottle or
26         other container containing an explosive substance of

 

 

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1         over one-quarter ounce for like purposes, such as, but
2         not limited to, black powder bombs and Molotov
3         cocktails or artillery projectiles; or
4         (8) Carries or possesses any firearm, stun gun or taser
5     or other deadly weapon in any place which is licensed to
6     sell intoxicating beverages, or at any public gathering
7     held pursuant to a license issued by any governmental body
8     or any public gathering at which an admission is charged,
9     excluding a place where a showing, demonstration or lecture
10     involving the exhibition of unloaded firearms is
11     conducted.
12         This subsection (a)(8) does not apply to any auction or
13     raffle of a firearm held pursuant to a license or permit
14     issued by a governmental body, nor does it apply to persons
15     engaged in firearm safety training courses; or
16         (9) Carries or possesses in a vehicle or on or about
17     his person any pistol, revolver, stun gun or taser or
18     firearm or ballistic knife, when he is hooded, robed or
19     masked in such manner as to conceal his identity; or
20         (10) Carries or possesses on or about his person, upon
21     any public street, alley, or other public lands within the
22     corporate limits of a city, village or incorporated town,
23     except when an invitee thereon or therein, for the purpose
24     of the display of such weapon or the lawful commerce in
25     weapons, or except when on his land or in his own abode or
26     fixed place of business, any billy or any pistol, revolver,

 

 

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1     stun gun or taser or other firearm, except that this
2     subsection (a) (10) does not apply to or affect
3     transportation of weapons that meet one of the following
4     conditions:
5             (i) are broken down in a non-functioning state; or
6             (ii) are not immediately accessible; or
7             (iii) are unloaded and enclosed in a case, firearm
8         carrying box, shipping box, or other container by a
9         person who has been issued a currently valid Firearm
10         Owner's Identification Card.
11         A "stun gun or taser", as used in this paragraph (a)
12     means (i) any device which is powered by electrical
13     charging units, such as, batteries, and which fires one or
14     several barbs attached to a length of wire and which, upon
15     hitting a human, can send out a current capable of
16     disrupting the person's nervous system in such a manner as
17     to render him incapable of normal functioning or (ii) any
18     device which is powered by electrical charging units, such
19     as batteries, and which, upon contact with a human or
20     clothing worn by a human, can send out current capable of
21     disrupting the person's nervous system in such a manner as
22     to render him incapable of normal functioning; or
23         (11) Sells, manufactures or purchases any explosive
24     bullet. For purposes of this paragraph (a) "explosive
25     bullet" means the projectile portion of an ammunition
26     cartridge which contains or carries an explosive charge

 

 

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1     which will explode upon contact with the flesh of a human
2     or an animal. "Cartridge" means a tubular metal case having
3     a projectile affixed at the front thereof and a cap or
4     primer at the rear end thereof, with the propellant
5     contained in such tube between the projectile and the cap;
6     or
7         (12) (Blank).
8     (b) Sentence. A person convicted of a violation of
9 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or
10 subsection 24-1(a)(11) commits a Class A misdemeanor. A person
11 convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9)
12 commits a Class 4 felony; a person convicted of a violation of
13 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
14 Class 3 felony. A person convicted of a violation of subsection
15 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced
16 to a term of imprisonment of not less than 3 years and not more
17 than 7 years, unless the weapon is possessed in the passenger
18 compartment of a motor vehicle as defined in Section 1-146 of
19 the Illinois Vehicle Code, or on the person, while the weapon
20 is loaded, in which case it shall be a Class X felony. A person
21 convicted of a second or subsequent violation of subsection
22 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
23 Class 3 felony. The possession of each weapon in violation of
24 this Section constitutes a single and separate violation.
25     (c) Violations in specific places.
26         (1) A person who violates subsection 24-1(a)(6) or

 

 

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1     24-1(a)(7) in any school, regardless of the time of day or
2     the time of year, in residential property owned, operated
3     or managed by a public housing agency or leased by a public
4     housing agency as part of a scattered site or mixed-income
5     development, in a public park, in a courthouse, on the real
6     property comprising any school, regardless of the time of
7     day or the time of year, on residential property owned,
8     operated or managed by a public housing agency or leased by
9     a public housing agency as part of a scattered site or
10     mixed-income development, on the real property comprising
11     any public park, on the real property comprising any
12     courthouse, in any conveyance owned, leased or contracted
13     by a school to transport students to or from school or a
14     school related activity, or on any public way within 1,000
15     feet of the real property comprising any school, public
16     park, courthouse, or residential property owned, operated,
17     or managed by a public housing agency or leased by a public
18     housing agency as part of a scattered site or mixed-income
19     development commits a Class 2 felony and shall be sentenced
20     to a term of imprisonment of not less than 3 years and not
21     more than 7 years.
22         (1.5) A person who violates subsection 24-1(a)(4),
23     24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
24     time of day or the time of year, in residential property
25     owned, operated, or managed by a public housing agency or
26     leased by a public housing agency as part of a scattered

 

 

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1     site or mixed-income development, in a public park, in a
2     courthouse, on the real property comprising any school,
3     regardless of the time of day or the time of year, on
4     residential property owned, operated, or managed by a
5     public housing agency or leased by a public housing agency
6     as part of a scattered site or mixed-income development, on
7     the real property comprising any public park, on the real
8     property comprising any courthouse, in any conveyance
9     owned, leased, or contracted by a school to transport
10     students to or from school or a school related activity, or
11     on any public way within 1,000 feet of the real property
12     comprising any school, public park, courthouse, or
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
16     commits a Class 3 felony.
17         (2) A person who violates subsection 24-1(a)(1),
18     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
19     time of day or the time of year, in residential property
20     owned, operated or managed by a public housing agency or
21     leased by a public housing agency as part of a scattered
22     site or mixed-income development, in a public park, in a
23     courthouse, on the real property comprising any school,
24     regardless of the time of day or the time of year, on
25     residential property owned, operated or managed by a public
26     housing agency or leased by a public housing agency as part

 

 

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1     of a scattered site or mixed-income development, on the
2     real property comprising any public park, on the real
3     property comprising any courthouse, in any conveyance
4     owned, leased or contracted by a school to transport
5     students to or from school or a school related activity, or
6     on any public way within 1,000 feet of the real property
7     comprising any school, public park, courthouse, or
8     residential property owned, operated, or managed by a
9     public housing agency or leased by a public housing agency
10     as part of a scattered site or mixed-income development
11     commits a Class 4 felony. "Courthouse" means any building
12     that is used by the Circuit, Appellate, or Supreme Court of
13     this State for the conduct of official business.
14         (3) Paragraphs (1), (1.5), and (2) of this subsection
15     (c) shall not apply to law enforcement officers or security
16     officers of such school, college, or university or to
17     students carrying or possessing firearms for use in
18     training courses, parades, hunting, target shooting on
19     school ranges, or otherwise with the consent of school
20     authorities and which firearms are transported unloaded
21     enclosed in a suitable case, box, or transportation
22     package.
23         (4) For the purposes of this subsection (c), "school"
24     means any public or private elementary or secondary school,
25     community college, college, or university.
26     (d) The presence in an automobile other than a public

 

 

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1 omnibus of any weapon, instrument or substance referred to in
2 subsection (a)(7) is prima facie evidence that it is in the
3 possession of, and is being carried by, all persons occupying
4 such automobile at the time such weapon, instrument or
5 substance is found, except under the following circumstances:
6 (i) if such weapon, instrument or instrumentality is found upon
7 the person of one of the occupants therein; or (ii) if such
8 weapon, instrument or substance is found in an automobile
9 operated for hire by a duly licensed driver in the due, lawful
10 and proper pursuit of his trade, then such presumption shall
11 not apply to the driver.
12     (e) Exemptions. Crossbows, Common or Compound bows and
13 Underwater Spearguns are exempted from the definition of
14 ballistic knife as defined in paragraph (1) of subsection (a)
15 of this Section.
16 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; revised
17 8-19-05.)
 
18     Section 10. The Air Rifle Act is amended by changing
19 Sections 2, 3, 4, and 7 and by adding Section 3.1 as follows:
 
20     (720 ILCS 535/2)  (from Ch. 38, par. 82-2)
21     Sec. 2. It is unlawful for any dealer to sell, lend, rent,
22 give or otherwise transfer an air rifle to any person under the
23 age of 18 13 years where the dealer knows or has cause to
24 believe the person to be under 18 13 years of age or where such

 

 

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1 dealer has failed to make reasonable inquiry relative to the
2 age of such person and such person is under 18 13 years of age.
3     It is unlawful for any person to sell, give, lend or
4 otherwise transfer any air rifle to any person under 18 13
5 years of age except where the relationship of parent and child,
6 guardian and ward or adult instructor and pupil, exists between
7 such person and the person under 18 13 years of age, or where
8 such person stands in loco parentis to the person under 18 13
9 years of age.
10 (Source: Laws 1965, p. 2977.)
 
11     (720 ILCS 535/3)  (from Ch. 38, par. 82-3)
12     Sec. 3. It is unlawful for any person under 18 13 years of
13 age to carry any air rifle on the public streets, roads,
14 highways or public lands within this State, unless such person
15 under 13 years of age carries such rifle unloaded.
16     It is unlawful for any person to discharge any air rifle
17 from or across any street, sidewalk, road, highway or public
18 land or any public place except on a safely constructed target
19 range.
20 (Source: Laws 1965, p. 2977.)
 
21     (720 ILCS 535/3.1 new)
22     Sec. 3.1. Carrying or possessing air rifle in school and
23 property comprising school property or on any conveyance used
24 by a school for the transportation of students. It is unlawful

 

 

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1 for any person under 18 years of age to carry or possess any
2 air rifle while located in any building used as a school and
3 property comprising school property or on any conveyance used
4 by a school for the transportation of students. This Section
5 does not apply to school sanctioned events or activities that
6 have received the prior approval of the school principal.
 
7     (720 ILCS 535/4)  (from Ch. 38, par. 82-4)
8     Sec. 4. Notwithstanding any provision of this Act, it is
9 lawful for any person under 18 13 years of age to have in his
10 possession any air rifle if it is:
11     (1) Kept within his house of residence or other private
12 enclosure;
13     (2) Used by the person under 18 13 years of age and he is a
14 duly enrolled member of any club, team or society organized for
15 educational purposes and maintaining as part of its facilities
16 or having written permission to use an indoor or outdoor rifle
17 range under the supervision guidance and instruction of a
18 responsible adult and then only if said air rifle is actually
19 being used in connection with the activities of said club team
20 or society under the supervision of a responsible adult; or
21     (3) Used in or on any private grounds or residence under
22 circumstances when such air rifle is fired, discharged or
23 operated in such a manner as not to endanger persons or
24 property and then only if it is used in such manner as to
25 prevent the projectile from passing over any grounds or space

 

 

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1 outside the limits of such grounds or residence.
2 (Source: Laws 1965, p. 2977.)
 
3     (720 ILCS 535/7)  (from Ch. 38, par. 82-7)
4     Sec. 7. Sentence.
5     (a) Any dealer violating any provision of Section 2 of this
6 Act commits a petty offense.
7     (b) Except as otherwise provided in this Section, any Any
8 person violating any other provision of this Act commits a
9 petty offense and shall pay a fine not to exceed $50.
10     (c) A violation of Section 3.1 is a Class A misdemeanor.
11 (Source: P.A. 77-2815.)".