Full Text of SB0206 99th General Assembly
SB0206ham001 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 5/25/2016
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| 1 | | AMENDMENT TO SENATE BILL 206
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 206 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wildlife Code is amended by changing | 5 | | Section 2.33 as follows:
| 6 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 7 | | Sec. 2.33. Prohibitions.
| 8 | | (a) It is unlawful to carry or possess any gun in any
State | 9 | | refuge unless otherwise permitted by administrative rule.
| 10 | | (b) It is unlawful to use or possess any snare or | 11 | | snare-like device,
deadfall, net, or pit trap to take any | 12 | | species, except that snares not
powered by springs or other | 13 | | mechanical devices may be used to trap
fur-bearing mammals, in | 14 | | water sets only, if at least one-half of the snare
noose is | 15 | | located underwater at all times.
| 16 | | (c) It is unlawful for any person at any time to take a |
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| 1 | | wild mammal
protected by this Act from its den by means of any | 2 | | mechanical device,
spade, or digging device or to use smoke or | 3 | | other gases to dislodge or
remove such mammal except as | 4 | | provided in Section 2.37.
| 5 | | (d) It is unlawful to use a ferret or any other small | 6 | | mammal which is
used in the same or similar manner for which | 7 | | ferrets are used for the
purpose of frightening or driving any | 8 | | mammals from their dens or hiding places.
| 9 | | (e) (Blank).
| 10 | | (f) It is unlawful to use spears, gigs, hooks or any like | 11 | | device to
take any species protected by this Act.
| 12 | | (g) It is unlawful to use poisons, chemicals or explosives | 13 | | for the
purpose of taking any species protected by this Act.
| 14 | | (h) It is unlawful to hunt adjacent to or near any peat, | 15 | | grass,
brush or other inflammable substance when it is burning.
| 16 | | (i) It is unlawful to take, pursue or intentionally harass | 17 | | or disturb
in any manner any wild birds or mammals by use or | 18 | | aid of any vehicle or
conveyance, except as permitted by the | 19 | | Code of Federal Regulations for the
taking of waterfowl. It is | 20 | | also unlawful to use the lights of any vehicle
or conveyance or | 21 | | any light from or any light connected to the
vehicle or | 22 | | conveyance in any area where wildlife may be found except in
| 23 | | accordance with Section 2.37 of this Act; however, nothing in | 24 | | this
Section shall prohibit the normal use of headlamps for the | 25 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 26 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
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| 1 | | the open season by use of a small
light which is worn on the | 2 | | body or hand-held by a person on foot and not in any
vehicle.
| 3 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 4 | | while
taking or attempting to take any of the species protected | 5 | | by this Act.
| 6 | | (k) It is unlawful to use or possess in the field any | 7 | | shotgun shell loaded
with a shot size larger than lead BB or | 8 | | steel T (.20 diameter) when taking or
attempting to take any | 9 | | species of wild game mammals (excluding white-tailed
deer), | 10 | | wild game birds, migratory waterfowl or migratory game birds | 11 | | protected
by this Act, except white-tailed deer as provided for | 12 | | in Section 2.26 and other
species as provided for by subsection | 13 | | (l) or administrative rule.
| 14 | | (l) It is unlawful to take any species of wild game, except
| 15 | | white-tailed deer and fur-bearing mammals, with a shotgun | 16 | | loaded with slugs unless otherwise
provided for by | 17 | | administrative rule.
| 18 | | (m) It is unlawful to use any shotgun capable of holding | 19 | | more than 3
shells in the magazine or chamber combined, except | 20 | | on game breeding and
hunting preserve areas licensed under | 21 | | Section 3.27 and except as permitted by
the Code of Federal | 22 | | Regulations for the taking of waterfowl. If the shotgun
is | 23 | | capable of holding more than 3 shells, it shall, while being | 24 | | used on an
area other than a game breeding and shooting | 25 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 26 | | a one piece plug that is
irremovable without dismantling the |
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| 1 | | shotgun or otherwise altered to
render it incapable of holding | 2 | | more than 3 shells in the magazine and
chamber, combined.
| 3 | | (n) It is unlawful for any person, except persons who | 4 | | possess a permit to
hunt from a vehicle as provided in this | 5 | | Section and persons otherwise permitted
by law, to have or | 6 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 7 | | unless such gun is unloaded and enclosed in a case, except that | 8 | | at field trials
authorized by Section 2.34 of this Act, | 9 | | unloaded guns or guns loaded with blank
cartridges only, may be | 10 | | carried on horseback while not contained in a case, or
to have | 11 | | or carry any bow or arrow device in or on any vehicle unless | 12 | | such bow
or arrow device is unstrung or enclosed in a case, or | 13 | | otherwise made
inoperable.
| 14 | | (o) It is unlawful to use any crossbow for the purpose of | 15 | | taking any
wild birds or mammals, except as provided for in | 16 | | Section 2.5.
| 17 | | (p) It is unlawful to take game birds, migratory game birds | 18 | | or
migratory waterfowl with a rifle, pistol, revolver or | 19 | | airgun.
| 20 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 21 | | airgun on,
over or into any waters of this State, including | 22 | | frozen waters.
| 23 | | (r) It is unlawful to discharge any gun or bow and arrow | 24 | | device
along, upon, across, or from any public right-of-way or | 25 | | highway in this State.
| 26 | | (s) (Blank) It is unlawful to use a silencer or other |
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| 1 | | device to muffle or
mute the sound of the explosion or report | 2 | | resulting from the firing of
any gun .
| 3 | | (t) It is unlawful for any person to take or attempt to | 4 | | take any species of wildlife or parts thereof, intentionally or | 5 | | wantonly allow a dog to
hunt, within or upon the land of | 6 | | another, or upon waters flowing over or
standing on the land of | 7 | | another, or to knowingly shoot a gun or bow and arrow device at | 8 | | any wildlife physically on or flying over the property of | 9 | | another without first obtaining permission from
the owner or | 10 | | the owner's designee. For the purposes of this Section, the | 11 | | owner's designee means anyone who the owner designates in a | 12 | | written authorization and the authorization must contain (i) | 13 | | the legal or common description of property for such authority | 14 | | is given, (ii) the extent that the owner's designee is | 15 | | authorized to make decisions regarding who is allowed to take | 16 | | or attempt to take any species of wildlife or parts thereof, | 17 | | and (iii) the owner's notarized signature. Before enforcing | 18 | | this
Section the law enforcement officer must have received | 19 | | notice from the
owner or the owner's designee of a violation of | 20 | | this Section. Statements made to the
law enforcement officer | 21 | | regarding this notice shall not be rendered
inadmissible by the | 22 | | hearsay rule when offered for the purpose of showing the
| 23 | | required notice.
| 24 | | (u) It is unlawful for any person to discharge any firearm | 25 | | for the purpose
of taking any of the species protected by this | 26 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
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| 1 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 2 | | without
first obtaining permission from the owner or tenant, | 3 | | except that while
trapping, hunting with bow and arrow, hunting | 4 | | with dog and shotgun using shot
shells only, or hunting with | 5 | | shotgun using shot shells only, or providing outfitting | 6 | | services under a waterfowl outfitter permit, or
on licensed | 7 | | game breeding and hunting preserve areas, as defined in Section
| 8 | | 3.27, on
federally owned and managed lands and on Department | 9 | | owned, managed, leased, or
controlled lands, a 100 yard | 10 | | restriction shall apply.
| 11 | | (v) It is unlawful for any person to remove fur-bearing | 12 | | mammals from, or
to move or disturb in any manner, the traps | 13 | | owned by another person without
written authorization of the | 14 | | owner to do so.
| 15 | | (w) It is unlawful for any owner of a dog to knowingly or | 16 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 17 | | except that nothing in this Section shall prohibit the tracking | 18 | | of wounded deer with a dog in accordance with the provisions of | 19 | | Section 2.26 of this Code.
| 20 | | (x) It is unlawful for any person to wantonly or carelessly | 21 | | injure
or destroy, in any manner whatsoever, any real or | 22 | | personal property on
the land of another while engaged in | 23 | | hunting or trapping thereon.
| 24 | | (y) It is unlawful to hunt wild game protected by this Act | 25 | | between one
half hour after sunset and one half hour before | 26 | | sunrise, except that
hunting hours between one half hour after |
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| 1 | | sunset and one half hour
before sunrise may be established by | 2 | | administrative rule for fur-bearing
mammals.
| 3 | | (z) It is unlawful to take any game bird (excluding wild | 4 | | turkeys and
crippled pheasants not capable of normal flight and | 5 | | otherwise irretrievable)
protected by this Act when not flying. | 6 | | Nothing in this Section shall prohibit
a person from carrying | 7 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 8 | | crippled migratory waterfowl that is incapable of normal | 9 | | flight, for the
purpose of attempting to reduce the migratory | 10 | | waterfowl to possession, provided
that the attempt is made | 11 | | immediately upon downing the migratory waterfowl and
is done | 12 | | within 400 yards of the blind from which the migratory | 13 | | waterfowl was
downed. This exception shall apply only to | 14 | | migratory game birds that are not
capable of normal flight. | 15 | | Migratory waterfowl that are crippled may be taken
only with a | 16 | | shotgun as regulated by subsection (j) of this Section using
| 17 | | shotgun shells as regulated in subsection (k) of this Section.
| 18 | | (aa) It is unlawful to use or possess any device that may | 19 | | be used for
tree climbing or cutting, while hunting fur-bearing | 20 | | mammals, excluding coyotes.
| 21 | | (bb) It is unlawful for any person, except licensed game | 22 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 23 | | possess alive in this
State any species of wildlife taken | 24 | | outside of this State, without
obtaining permission to do so | 25 | | from the Director.
| 26 | | (cc) It is unlawful for any person to have in his or her
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| 1 | | possession any freshly killed species protected by this Act | 2 | | during the season
closed for taking.
| 3 | | (dd) It is unlawful to take any species protected by this | 4 | | Act and retain
it alive except as provided by administrative | 5 | | rule.
| 6 | | (ee) It is unlawful to possess any rifle while in the field | 7 | | during gun
deer season except as provided in Section 2.26 and | 8 | | administrative rules.
| 9 | | (ff) It is unlawful for any person to take any species | 10 | | protected by
this Act, except migratory waterfowl, during the | 11 | | gun deer hunting season in
those counties open to gun deer | 12 | | hunting, unless he or she wears, when in
the field, a cap and | 13 | | upper outer garment of a solid blaze orange color, with
such | 14 | | articles of clothing displaying a minimum of 400 square inches | 15 | | of
blaze orange material.
| 16 | | (gg) It is unlawful during the upland game season for any | 17 | | person to take
upland game with a firearm unless he or she | 18 | | wears, while in the field, a
cap of solid blaze orange color. | 19 | | For purposes of this Act, upland game is
defined as Bobwhite | 20 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 21 | | Cottontail and Swamp Rabbit.
| 22 | | (hh) It shall be unlawful to kill or cripple any species | 23 | | protected by
this Act for which there is a bag limit without | 24 | | making a reasonable
effort to retrieve such species and include | 25 | | such in the bag limit. It shall be unlawful for any person | 26 | | having control over harvested game mammals, game birds, or |
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| 1 | | migratory game birds for which there is a bag limit to wantonly | 2 | | waste or destroy the usable meat of the game, except this shall | 3 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 4 | | Code. For purposes of this subsection, "usable meat" means the | 5 | | breast meat of a game bird or migratory game bird and the hind | 6 | | ham and front shoulders of a game mammal. It shall be unlawful | 7 | | for any person to place, leave, dump, or abandon a wildlife | 8 | | carcass or parts of it along or upon a public right-of-way or | 9 | | highway or on public or private property, including a waterway | 10 | | or stream, without the permission of the owner or tenant. It | 11 | | shall not be unlawful to discard game meat that is determined | 12 | | to be unfit for human consumption.
| 13 | | (ii) This Section shall apply only to those species | 14 | | protected by this
Act taken within the State. Any species or | 15 | | any parts thereof, legally taken
in and transported from other | 16 | | states or countries, may be possessed
within the State, except | 17 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 18 | | (jj) (Blank).
| 19 | | (kk) Nothing contained in this Section shall prohibit the | 20 | | Director
from issuing permits to paraplegics or to other | 21 | | persons with disabilities who meet the
requirements set forth | 22 | | in administrative rule to shoot or hunt from a vehicle
as | 23 | | provided by that rule, provided that such is otherwise in | 24 | | accord with this
Act.
| 25 | | (ll) Nothing contained in this Act shall prohibit the | 26 | | taking of aquatic
life protected by the Fish and Aquatic Life |
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| 1 | | Code or birds and mammals
protected by this Act, except deer | 2 | | and fur-bearing mammals, from a boat not
camouflaged or | 3 | | disguised to alter its identity or to further provide a place
| 4 | | of concealment and not propelled by sail or mechanical power. | 5 | | However, only
shotguns not larger than 10 gauge nor smaller | 6 | | than .410 bore loaded with not
more than 3 shells of a shot | 7 | | size no larger than lead BB or steel T (.20
diameter) may be | 8 | | used to take species protected by this Act.
| 9 | | (mm) Nothing contained in this Act shall prohibit the use | 10 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 11 | | gauge, with a rifled barrel.
| 12 | | (nn) It shall be unlawful to possess any species of | 13 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 14 | | other state, or any other country, whether or not the wildlife | 15 | | or wildlife parts is indigenous to Illinois. For the purposes | 16 | | of this subsection, the statute of limitations for unlawful | 17 | | possession of wildlife or wildlife parts shall not cease until | 18 | | 2 years after the possession has permanently ended. | 19 | | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, | 20 | | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, | 21 | | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised | 22 | | 10-20-15.)
| 23 | | Section 10. The Criminal Code of 2012 is amended by | 24 | | changing Section 24-1 as follows:
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| 1 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 2 | | Sec. 24-1. Unlawful use of weapons.
| 3 | | (a) A person commits the offense of unlawful use of weapons | 4 | | when
he knowingly:
| 5 | | (1) Sells, manufactures, purchases, possesses or | 6 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 7 | | sand-bag, metal knuckles or other knuckle weapon | 8 | | regardless of its composition, throwing star,
or any knife, | 9 | | commonly referred to as a switchblade knife, which has a
| 10 | | blade that opens automatically by hand pressure applied to | 11 | | a button,
spring or other device in the handle of the | 12 | | knife, or a ballistic knife,
which is a device that propels | 13 | | a knifelike blade as a projectile by means
of a coil | 14 | | spring, elastic material or compressed gas; or
| 15 | | (2) Carries or possesses with intent to use the same | 16 | | unlawfully
against another, a dagger, dirk, billy, | 17 | | dangerous knife, razor,
stiletto, broken bottle or other | 18 | | piece of glass, stun gun or taser or
any other dangerous or | 19 | | deadly weapon or instrument of like character; or
| 20 | | (3) Carries on or about his person or in any vehicle, a | 21 | | tear gas gun
projector or bomb or any object containing | 22 | | noxious liquid gas or
substance, other than an object | 23 | | containing a non-lethal noxious liquid gas
or substance | 24 | | designed solely for personal defense carried by a person 18
| 25 | | years of age or older; or
| 26 | | (4) Carries or possesses in any vehicle or concealed on |
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| 1 | | or about his
person except when on his land or in his own | 2 | | abode, legal dwelling, or fixed place of
business, or on | 3 | | the land or in the legal dwelling of another person as an | 4 | | invitee with that person's permission, any pistol, | 5 | | revolver, stun gun or taser or other firearm, except
that
| 6 | | this subsection (a) (4) does not apply to or affect | 7 | | transportation of weapons
that meet one of the following | 8 | | conditions:
| 9 | | (i) are broken down in a non-functioning state; or
| 10 | | (ii) are not immediately accessible; or
| 11 | | (iii) are unloaded and enclosed in a case, firearm | 12 | | carrying box,
shipping box, or other container by a | 13 | | person who has been issued a currently
valid Firearm | 14 | | Owner's
Identification Card; or | 15 | | (iv) are carried or possessed in accordance with | 16 | | the Firearm Concealed Carry Act by a person who has | 17 | | been issued a currently valid license under the Firearm | 18 | | Concealed Carry Act; or
| 19 | | (5) Sets a spring gun; or
| 20 | | (6) Possesses any device or attachment of any kind | 21 | | primarily designed, used , or
intended for use in silencing | 22 | | the report of any handgun; or possesses any device or | 23 | | attachment of any kind designed, used, or intended for use | 24 | | in silencing the report of any other firearm if the device | 25 | | or attachment does not comply with the National Firearms | 26 | | Act 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; or
| 9 | | (iv) are carried or possessed in accordance with | 10 | | the Firearm Concealed Carry Act by a person who has | 11 | | been issued a currently valid license under the Firearm | 12 | | Concealed Carry Act. | 13 | | A "stun gun or taser", as used in this paragraph (a) | 14 | | means (i) any device
which is powered by electrical | 15 | | charging units, such as, batteries, and
which fires one or | 16 | | several barbs attached to a length of wire and
which, upon | 17 | | hitting a human, can send out a current capable of | 18 | | disrupting
the person's nervous system in such a manner as | 19 | | to render him incapable of
normal functioning or (ii) any | 20 | | device which is powered by electrical
charging units, such | 21 | | as batteries, and which, upon contact with a human or
| 22 | | clothing worn by a human, can send out current capable of | 23 | | disrupting
the person's nervous system in such a manner as | 24 | | to render him incapable
of normal functioning; or
| 25 | | (11) Sells, manufactures or purchases any explosive | 26 | | bullet. For purposes
of this paragraph (a) "explosive |
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| 1 | | bullet" means the projectile portion of
an ammunition | 2 | | cartridge which contains or carries an explosive charge | 3 | | which
will explode upon contact with the flesh of a human | 4 | | or an animal.
"Cartridge" means a tubular metal case having | 5 | | a projectile affixed at the
front thereof and a cap or | 6 | | primer at the rear end thereof, with the
propellant | 7 | | contained in such tube between the projectile and the cap; | 8 | | or
| 9 | | (12) (Blank); or
| 10 | | (13) Carries or possesses on or about his or her person | 11 | | while in a building occupied by a unit of government, a | 12 | | billy club, other weapon of like character, or other | 13 | | instrument of like character intended for use as a weapon. | 14 | | For the purposes of this Section, "billy club" means a | 15 | | short stick or club commonly carried by police officers | 16 | | which is either telescopic or constructed of a solid piece | 17 | | of wood or other man-made material. | 18 | | (b) Sentence. A person convicted of a violation of | 19 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 20 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 21 | | Class A
misdemeanor.
A person convicted of a violation of | 22 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 23 | | person
convicted of a violation of subsection 24-1(a)(6) or | 24 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 25 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 26 | | Class 2 felony and shall be sentenced to a term of imprisonment |
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| 1 | | of not less than 3 years and not more than 7 years, unless the | 2 | | weapon is possessed in the
passenger compartment of a motor | 3 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 4 | | Code, or on the person, while the weapon is loaded, in which
| 5 | | case it shall be a Class X felony. A person convicted of a
| 6 | | second or subsequent violation of subsection 24-1(a)(4), | 7 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 8 | | felony. The possession of each weapon in violation of this | 9 | | Section constitutes a single and separate violation.
| 10 | | (c) Violations in specific places.
| 11 | | (1) A person who violates subsection 24-1(a)(6) or | 12 | | 24-1(a)(7) in any
school, regardless of the time of day or | 13 | | the time of year, in residential
property owned, operated | 14 | | or managed by a public housing agency or
leased by
a public | 15 | | housing agency as part of a scattered site or mixed-income
| 16 | | development, in a
public park, in a courthouse, on the real | 17 | | property comprising any school,
regardless of the
time of | 18 | | day or the time of year, on residential property owned, | 19 | | operated
or
managed by a public housing agency
or leased by | 20 | | a public housing agency as part of a scattered site or
| 21 | | mixed-income development,
on the real property comprising | 22 | | any
public park, on the real property comprising any | 23 | | courthouse, in any conveyance
owned, leased or contracted | 24 | | by a school to
transport students to or from school or a | 25 | | school related activity, in any conveyance
owned, leased, | 26 | | or contracted by a public transportation agency, or on any
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| 1 | | public way within 1,000 feet of the real property | 2 | | comprising any school,
public park, courthouse, public | 3 | | transportation facility, or residential property owned, | 4 | | operated, or managed
by a public housing agency
or leased | 5 | | by a public housing agency as part of a scattered site or
| 6 | | mixed-income development
commits a Class 2 felony and shall | 7 | | be sentenced to a term of imprisonment of not less than 3 | 8 | | years and not more than 7 years.
| 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 the | 11 | | time of day or the time of year,
in residential property | 12 | | owned, operated, or managed by a public
housing
agency
or | 13 | | leased by a public housing agency as part of a scattered | 14 | | site or
mixed-income development,
in
a public
park, in a | 15 | | courthouse, on the real property comprising any school, | 16 | | regardless
of the time of day or the time of year, on | 17 | | residential property owned,
operated, or managed by a | 18 | | public housing agency
or leased by a public housing agency | 19 | | as part of a scattered site or
mixed-income development,
on | 20 | | the real property
comprising any public park, on the real | 21 | | property comprising any courthouse, in
any conveyance | 22 | | owned, leased, or contracted by a school to transport | 23 | | students
to or from school or a school related activity, in | 24 | | any conveyance
owned, leased, or contracted by a public | 25 | | transportation agency, or on any public way within
1,000 | 26 | | feet of the real property comprising any school, public |
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| 1 | | park, courthouse,
public transportation facility, or | 2 | | residential property owned, operated, or managed by a | 3 | | public
housing agency
or leased by a public housing agency | 4 | | as part of a scattered site or
mixed-income development
| 5 | | commits a Class 3 felony.
| 6 | | (2) A person who violates subsection 24-1(a)(1), | 7 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 8 | | time of day or the time of year, in
residential property | 9 | | owned, operated or managed by a public housing
agency
or | 10 | | leased by a public housing agency as part of a scattered | 11 | | site or
mixed-income development,
in
a public park, in a | 12 | | courthouse, on the real property comprising any school,
| 13 | | regardless of the time of day or the time of year, on | 14 | | residential property
owned, operated or managed by a public | 15 | | housing agency
or leased by a public housing agency as part | 16 | | of a scattered site or
mixed-income development,
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, in | 21 | | any conveyance
owned, leased, or contracted by a public | 22 | | transportation agency, or on any public way within
1,000 | 23 | | feet of the real property comprising any school, public | 24 | | park, courthouse,
public transportation facility, or | 25 | | residential property owned, operated, or managed by a | 26 | | public
housing agency or leased by a public housing agency |
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| 1 | | as part of a scattered
site or mixed-income development | 2 | | commits a Class 4 felony. "Courthouse"
means any building | 3 | | that is used by the Circuit, Appellate, or Supreme Court of
| 4 | | this State for the conduct of official business.
| 5 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 6 | | (c) shall not
apply to law
enforcement officers or security | 7 | | officers of such school, college, or
university or to | 8 | | students carrying or possessing firearms for use in | 9 | | training
courses, parades, hunting, target shooting on | 10 | | school ranges, or otherwise with
the consent of school | 11 | | authorities and which firearms are transported unloaded
| 12 | | enclosed in a suitable case, box, or transportation | 13 | | package.
| 14 | | (4) For the purposes of this subsection (c), "school" | 15 | | means any public or
private elementary or secondary school, | 16 | | community college, college, or
university.
| 17 | | (5) For the purposes of this subsection (c), "public | 18 | | transportation agency" means a public or private agency | 19 | | that provides for the transportation or conveyance of
| 20 | | persons by means available to the general public, except | 21 | | for transportation
by automobiles not used for conveyance | 22 | | of the general public as passengers; and "public | 23 | | transportation facility" means a terminal or other place
| 24 | | where one may obtain public transportation.
| 25 | | (d) The presence in an automobile other than a public | 26 | | omnibus of any
weapon, instrument or substance referred to in |
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| 1 | | subsection (a)(7) is
prima facie evidence that it is in the | 2 | | possession of, and is being
carried by, all persons occupying | 3 | | such automobile at the time such
weapon, instrument or | 4 | | substance is found, except under the following
circumstances: | 5 | | (i) if such weapon, instrument or instrumentality is
found upon | 6 | | the person of one of the occupants therein; or (ii) if such
| 7 | | weapon, instrument or substance is found in an automobile | 8 | | operated for
hire by a duly licensed driver in the due, lawful | 9 | | and proper pursuit of
his trade, then such presumption shall | 10 | | not apply to the driver.
| 11 | | (e) Exemptions. Crossbows, Common or Compound bows and | 12 | | Underwater
Spearguns are exempted from the definition of | 13 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 14 | | of this Section.
| 15 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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