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Full Text of SB0561  100th General Assembly

SB0561sam001 100TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/20/2018

 

 


 

 


 
10000SB0561sam001LRB100 04864 RLC 38845 a

1
AMENDMENT TO SENATE BILL 561

2    AMENDMENT NO. ______. Amend Senate Bill 561 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
 
6    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
7    Sec. 9-1. First degree murder; death penalties;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals. First degree Murder - Death penalties -
10Exceptions - Separate Hearings - Proof - Findings - Appellate
11procedures - Reversals.
12    (a) A person who kills an individual without lawful
13justification commits first degree murder if, in performing the
14acts which cause the death:
15        (1) he either intends to kill or do great bodily harm
16    to that individual or another, or knows that such acts will

 

 

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1    cause death to that individual or another; or
2        (2) he knows that such acts create a strong probability
3    of death or great bodily harm to that individual or
4    another; or
5        (3) he is attempting or committing a forcible felony
6    other than second degree murder.
7    (b) Aggravating Factors. A defendant who at the time of the
8commission of the offense has attained the age of 18 or more
9and who has been found guilty of first degree murder may be
10sentenced to death if:
11        (1) the murdered individual was a peace officer or
12    fireman killed in the course of performing his official
13    duties, to prevent the performance of his official duties,
14    or in retaliation for performing his official duties, and
15    the defendant knew or should have known that the murdered
16    individual was a peace officer or fireman; or
17        (2) the murdered individual was an employee of an
18    institution or facility of the Department of Corrections,
19    or any similar local correctional agency, killed in the
20    course of performing his official duties, to prevent the
21    performance of his official duties, or in retaliation for
22    performing his official duties, or the murdered individual
23    was an inmate at such institution or facility and was
24    killed on the grounds thereof, or the murdered individual
25    was otherwise present in such institution or facility with
26    the knowledge and approval of the chief administrative

 

 

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1    officer thereof; or
2        (3) the defendant has been convicted of murdering two
3    or more individuals under subsection (a) of this Section or
4    under any law of the United States or of any state which is
5    substantially similar to subsection (a) of this Section
6    regardless of whether the deaths occurred as the result of
7    the same act or of several related or unrelated acts so
8    long as the deaths were the result of either an intent to
9    kill more than one person or of separate acts which the
10    defendant knew would cause death or create a strong
11    probability of death or great bodily harm to the murdered
12    individual or another; or
13        (4) the murdered individual was killed as a result of
14    the hijacking of an airplane, train, ship, bus or other
15    public conveyance; or
16        (5) the defendant committed the murder pursuant to a
17    contract, agreement or understanding by which he was to
18    receive money or anything of value in return for committing
19    the murder or procured another to commit the murder for
20    money or anything of value; or
21        (6) the murdered individual was killed in the course of
22    another felony if:
23            (a) the murdered individual:
24                (i) was actually killed by the defendant, or
25                (ii) received physical injuries personally
26            inflicted by the defendant substantially

 

 

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1            contemporaneously with physical injuries caused by
2            one or more persons for whose conduct the defendant
3            is legally accountable under Section 5-2 of this
4            Code, and the physical injuries inflicted by
5            either the defendant or the other person or persons
6            for whose conduct he is legally accountable caused
7            the death of the murdered individual; and
8            (b) in performing the acts which caused the death
9        of the murdered individual or which resulted in
10        physical injuries personally inflicted by the
11        defendant on the murdered individual under the
12        circumstances of subdivision (ii) of subparagraph (a)
13        of paragraph (6) of subsection (b) of this Section, the
14        defendant acted with the intent to kill the murdered
15        individual or with the knowledge that his acts created
16        a strong probability of death or great bodily harm to
17        the murdered individual or another; and
18            (c) the other felony was an inherently violent
19        crime or the attempt to commit an inherently violent
20        crime. In this subparagraph (c), "inherently violent
21        crime" includes, but is not limited to, armed robbery,
22        robbery, predatory criminal sexual assault of a child,
23        aggravated criminal sexual assault, aggravated
24        kidnapping, aggravated vehicular hijacking, aggravated
25        arson, aggravated stalking, residential burglary, and
26        home invasion; or

 

 

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1        (7) the murdered individual was under 12 years of age
2    and the death resulted from exceptionally brutal or heinous
3    behavior indicative of wanton cruelty; or
4        (8) the defendant committed the murder with intent to
5    prevent the murdered individual from testifying or
6    participating in any criminal investigation or prosecution
7    or giving material assistance to the State in any
8    investigation or prosecution, either against the defendant
9    or another; or the defendant committed the murder because
10    the murdered individual was a witness in any prosecution or
11    gave material assistance to the State in any investigation
12    or prosecution, either against the defendant or another;
13    for purposes of this paragraph (8), "participating in any
14    criminal investigation or prosecution" is intended to
15    include those appearing in the proceedings in any capacity
16    such as trial judges, prosecutors, defense attorneys,
17    investigators, witnesses, or jurors; or
18        (9) the defendant, while committing an offense
19    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
20    407 or 407.1 or subsection (b) of Section 404 of the
21    Illinois Controlled Substances Act, or while engaged in a
22    conspiracy or solicitation to commit such offense,
23    intentionally killed an individual or counseled,
24    commanded, induced, procured or caused the intentional
25    killing of the murdered individual; or
26        (10) the defendant was incarcerated in an institution

 

 

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1    or facility of the Department of Corrections at the time of
2    the murder, and while committing an offense punishable as a
3    felony under Illinois law, or while engaged in a conspiracy
4    or solicitation to commit such offense, intentionally
5    killed an individual or counseled, commanded, induced,
6    procured or caused the intentional killing of the murdered
7    individual; or
8        (11) the murder was committed in a cold, calculated and
9    premeditated manner pursuant to a preconceived plan,
10    scheme or design to take a human life by unlawful means,
11    and the conduct of the defendant created a reasonable
12    expectation that the death of a human being would result
13    therefrom; or
14        (12) the murdered individual was an emergency medical
15    technician - ambulance, emergency medical technician -
16    intermediate, emergency medical technician - paramedic,
17    ambulance driver, or other medical assistance or first aid
18    personnel, employed by a municipality or other
19    governmental unit, killed in the course of performing his
20    official duties, to prevent the performance of his official
21    duties, or in retaliation for performing his official
22    duties, and the defendant knew or should have known that
23    the murdered individual was an emergency medical
24    technician - ambulance, emergency medical technician -
25    intermediate, emergency medical technician - paramedic,
26    ambulance driver, or other medical assistance or first aid

 

 

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1    personnel; or
2        (13) the defendant was a principal administrator,
3    organizer, or leader of a calculated criminal drug
4    conspiracy consisting of a hierarchical position of
5    authority superior to that of all other members of the
6    conspiracy, and the defendant counseled, commanded,
7    induced, procured, or caused the intentional killing of the
8    murdered person; or
9        (14) the murder was intentional and involved the
10    infliction of torture. For the purpose of this Section
11    torture means the infliction of or subjection to extreme
12    physical pain, motivated by an intent to increase or
13    prolong the pain, suffering or agony of the victim; or
14        (15) the murder was committed as a result of the
15    intentional discharge of a firearm by the defendant from a
16    motor vehicle and the victim was not present within the
17    motor vehicle; or
18        (16) the murdered individual was 60 years of age or
19    older and the death resulted from exceptionally brutal or
20    heinous behavior indicative of wanton cruelty; or
21        (17) the murdered individual was a person with a
22    disability and the defendant knew or should have known that
23    the murdered individual was a person with a disability. For
24    purposes of this paragraph (17), "person with a disability"
25    means a person who suffers from a permanent physical or
26    mental impairment resulting from disease, an injury, a

 

 

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1    functional disorder, or a congenital condition that
2    renders the person incapable of adequately providing for
3    his or her own health or personal care; or
4        (18) the murder was committed by reason of any person's
5    activity as a community policing volunteer or to prevent
6    any person from engaging in activity as a community
7    policing volunteer; or
8        (19) the murdered individual was subject to an order of
9    protection and the murder was committed by a person against
10    whom the same order of protection was issued under the
11    Illinois Domestic Violence Act of 1986; or
12        (20) the murdered individual was known by the defendant
13    to be a teacher or other person employed in any school and
14    the teacher or other employee is upon the grounds of a
15    school or grounds adjacent to a school, or is in any part
16    of a building used for school purposes; or
17        (21) the murder was committed by the defendant in
18    connection with or as a result of the offense of terrorism
19    as defined in Section 29D-14.9 of this Code; or .
20        (22) the murdered individual was a member of a
21    congregation engaged in prayer or other religious
22    activities at a church, synagogue, mosque, or other
23    building, structure, or place used for religious worship.
24    (b-5) Aggravating Factor; Natural Life Imprisonment. A
25defendant who has been found guilty of first degree murder and
26who at the time of the commission of the offense had attained

 

 

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1the age of 18 years or more may be sentenced to natural life
2imprisonment if (i) the murdered individual was a physician,
3physician assistant, psychologist, nurse, or advanced practice
4registered nurse, (ii) the defendant knew or should have known
5that the murdered individual was a physician, physician
6assistant, psychologist, nurse, or advanced practice
7registered nurse, and (iii) the murdered individual was killed
8in the course of acting in his or her capacity as a physician,
9physician assistant, psychologist, nurse, or advanced practice
10registered nurse, or to prevent him or her from acting in that
11capacity, or in retaliation for his or her acting in that
12capacity.
13     (c) Consideration of factors in Aggravation and
14Mitigation.
15    The court shall consider, or shall instruct the jury to
16consider any aggravating and any mitigating factors which are
17relevant to the imposition of the death penalty. Aggravating
18factors may include but need not be limited to those factors
19set forth in subsection (b). Mitigating factors may include but
20need not be limited to the following:
21        (1) the defendant has no significant history of prior
22    criminal activity;
23        (2) the murder was committed while the defendant was
24    under the influence of extreme mental or emotional
25    disturbance, although not such as to constitute a defense
26    to prosecution;

 

 

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1        (3) the murdered individual was a participant in the
2    defendant's homicidal conduct or consented to the
3    homicidal act;
4        (4) the defendant acted under the compulsion of threat
5    or menace of the imminent infliction of death or great
6    bodily harm;
7        (5) the defendant was not personally present during
8    commission of the act or acts causing death;
9        (6) the defendant's background includes a history of
10    extreme emotional or physical abuse;
11        (7) the defendant suffers from a reduced mental
12    capacity.
13    Provided, however, that an action that does not otherwise
14mitigate first degree murder cannot qualify as a mitigating
15factor for first degree murder because of the discovery,
16knowledge, or disclosure of the victim's sexual orientation as
17defined in Section 1-103 of the Illinois Human Rights Act.
18    (d) Separate sentencing hearing.
19    Where requested by the State, the court shall conduct a
20separate sentencing proceeding to determine the existence of
21factors set forth in subsection (b) and to consider any
22aggravating or mitigating factors as indicated in subsection
23(c). The proceeding shall be conducted:
24        (1) before the jury that determined the defendant's
25    guilt; or
26        (2) before a jury impanelled for the purpose of the

 

 

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1    proceeding if:
2            A. the defendant was convicted upon a plea of
3        guilty; or
4            B. the defendant was convicted after a trial before
5        the court sitting without a jury; or
6            C. the court for good cause shown discharges the
7        jury that determined the defendant's guilt; or
8        (3) before the court alone if the defendant waives a
9    jury for the separate proceeding.
10    (e) Evidence and Argument.
11    During the proceeding any information relevant to any of
12the factors set forth in subsection (b) may be presented by
13either the State or the defendant under the rules governing the
14admission of evidence at criminal trials. Any information
15relevant to any additional aggravating factors or any
16mitigating factors indicated in subsection (c) may be presented
17by the State or defendant regardless of its admissibility under
18the rules governing the admission of evidence at criminal
19trials. The State and the defendant shall be given fair
20opportunity to rebut any information received at the hearing.
21    (f) Proof.
22    The burden of proof of establishing the existence of any of
23the factors set forth in subsection (b) is on the State and
24shall not be satisfied unless established beyond a reasonable
25doubt.
26    (g) Procedure - Jury.

 

 

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1    If at the separate sentencing proceeding the jury finds
2that none of the factors set forth in subsection (b) exists,
3the court shall sentence the defendant to a term of
4imprisonment under Chapter V of the Unified Code of
5Corrections. If there is a unanimous finding by the jury that
6one or more of the factors set forth in subsection (b) exist,
7the jury shall consider aggravating and mitigating factors as
8instructed by the court and shall determine whether the
9sentence of death shall be imposed. If the jury determines
10unanimously, after weighing the factors in aggravation and
11mitigation, that death is the appropriate sentence, the court
12shall sentence the defendant to death. If the court does not
13concur with the jury determination that death is the
14appropriate sentence, the court shall set forth reasons in
15writing including what facts or circumstances the court relied
16upon, along with any relevant documents, that compelled the
17court to non-concur with the sentence. This document and any
18attachments shall be part of the record for appellate review.
19The court shall be bound by the jury's sentencing
20determination.
21    If after weighing the factors in aggravation and
22mitigation, one or more jurors determines that death is not the
23appropriate sentence, the court shall sentence the defendant to
24a term of imprisonment under Chapter V of the Unified Code of
25Corrections.
26    (h) Procedure - No Jury.

 

 

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1    In a proceeding before the court alone, if the court finds
2that none of the factors found in subsection (b) exists, the
3court shall sentence the defendant to a term of imprisonment
4under Chapter V of the Unified Code of Corrections.
5    If the Court determines that one or more of the factors set
6forth in subsection (b) exists, the Court shall consider any
7aggravating and mitigating factors as indicated in subsection
8(c). If the Court determines, after weighing the factors in
9aggravation and mitigation, that death is the appropriate
10sentence, the Court shall sentence the defendant to death.
11    If the court finds that death is not the appropriate
12sentence, the court shall sentence the defendant to a term of
13imprisonment under Chapter V of the Unified Code of
14Corrections.
15    (h-5) Decertification as a capital case.
16    In a case in which the defendant has been found guilty of
17first degree murder by a judge or jury, or a case on remand for
18resentencing, and the State seeks the death penalty as an
19appropriate sentence, on the court's own motion or the written
20motion of the defendant, the court may decertify the case as a
21death penalty case if the court finds that the only evidence
22supporting the defendant's conviction is the uncorroborated
23testimony of an informant witness, as defined in Section 115-21
24of the Code of Criminal Procedure of 1963, concerning the
25confession or admission of the defendant or that the sole
26evidence against the defendant is a single eyewitness or single

 

 

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1accomplice without any other corroborating evidence. If the
2court decertifies the case as a capital case under either of
3the grounds set forth above, the court shall issue a written
4finding. The State may pursue its right to appeal the
5decertification pursuant to Supreme Court Rule 604(a)(1). If
6the court does not decertify the case as a capital case, the
7matter shall proceed to the eligibility phase of the sentencing
8hearing.
9    (i) Appellate Procedure.
10    The conviction and sentence of death shall be subject to
11automatic review by the Supreme Court. Such review shall be in
12accordance with rules promulgated by the Supreme Court. The
13Illinois Supreme Court may overturn the death sentence, and
14order the imposition of imprisonment under Chapter V of the
15Unified Code of Corrections if the court finds that the death
16sentence is fundamentally unjust as applied to the particular
17case. If the Illinois Supreme Court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case, independent of any procedural grounds for relief, the
20Illinois Supreme Court shall issue a written opinion explaining
21this finding.
22    (j) Disposition of reversed death sentence.
23    In the event that the death penalty in this Act is held to
24be unconstitutional by the Supreme Court of the United States
25or of the State of Illinois, any person convicted of first
26degree murder shall be sentenced by the court to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections.
3    In the event that any death sentence pursuant to the
4sentencing provisions of this Section is declared
5unconstitutional by the Supreme Court of the United States or
6of the State of Illinois, the court having jurisdiction over a
7person previously sentenced to death shall cause the defendant
8to be brought before the court, and the court shall sentence
9the defendant to a term of imprisonment under Chapter V of the
10Unified Code of Corrections.
11    (k) Guidelines for seeking the death penalty.
12    The Attorney General and State's Attorneys Association
13shall consult on voluntary guidelines for procedures governing
14whether or not to seek the death penalty. The guidelines do not
15have the force of law and are only advisory in nature.
16(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
17100-513, eff. 1-1-18; revised 10-5-17.)
 
18    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
19    Sec. 12-2. Aggravated assault.
20    (a) Offense based on location of conduct. A person commits
21aggravated assault when he or she commits an assault against an
22individual who is on or about a public way, public property, a
23public place of accommodation or amusement, or a sports venue,
24or in a church, synagogue, mosque, or other building,
25structure, or place used for religious worship.

 

 

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1    (b) Offense based on status of victim. A person commits
2aggravated assault when, in committing an assault, he or she
3knows the individual assaulted to be any of the following:
4        (1) A person with a physical disability or a person 60
5    years of age or older and the assault is without legal
6    justification.
7        (2) A teacher or school employee upon school grounds or
8    grounds adjacent to a school or in any part of a building
9    used for school purposes.
10        (3) A park district employee upon park grounds or
11    grounds adjacent to a park or in any part of a building
12    used for park purposes.
13        (4) A community policing volunteer, private security
14    officer, or utility worker:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (4.1) A peace officer, fireman, emergency management
21    worker, or emergency medical services personnel:
22            (i) performing his or her official duties;
23            (ii) assaulted to prevent performance of his or her
24        official duties; or
25            (iii) assaulted in retaliation for performing his
26        or her official duties.

 

 

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1        (5) A correctional officer or probation officer:
2            (i) performing his or her official duties;
3            (ii) assaulted to prevent performance of his or her
4        official duties; or
5            (iii) assaulted in retaliation for performing his
6        or her official duties.
7        (6) A correctional institution employee, a county
8    juvenile detention center employee who provides direct and
9    continuous supervision of residents of a juvenile
10    detention center, including a county juvenile detention
11    center employee who supervises recreational activity for
12    residents of a juvenile detention center, or a Department
13    of Human Services employee, Department of Human Services
14    officer, or employee of a subcontractor of the Department
15    of Human Services supervising or controlling sexually
16    dangerous persons or sexually violent persons:
17            (i) performing his or her official duties;
18            (ii) assaulted to prevent performance of his or her
19        official duties; or
20            (iii) assaulted in retaliation for performing his
21        or her official duties.
22        (7) An employee of the State of Illinois, a municipal
23    corporation therein, or a political subdivision thereof,
24    performing his or her official duties.
25        (8) A transit employee performing his or her official
26    duties, or a transit passenger.

 

 

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1        (9) A sports official or coach actively participating
2    in any level of athletic competition within a sports venue,
3    on an indoor playing field or outdoor playing field, or
4    within the immediate vicinity of such a facility or field.
5        (10) A person authorized to serve process under Section
6    2-202 of the Code of Civil Procedure or a special process
7    server appointed by the circuit court, while that
8    individual is in the performance of his or her duties as a
9    process server.
10    (c) Offense based on use of firearm, device, or motor
11vehicle. A person commits aggravated assault when, in
12committing an assault, he or she does any of the following:
13        (1) Uses a deadly weapon, an air rifle as defined in
14    Section 24.8-0.1 of this Act, or any device manufactured
15    and designed to be substantially similar in appearance to a
16    firearm, other than by discharging a firearm.
17        (2) Discharges a firearm, other than from a motor
18    vehicle.
19        (3) Discharges a firearm from a motor vehicle.
20        (4) Wears a hood, robe, or mask to conceal his or her
21    identity.
22        (5) Knowingly and without lawful justification shines
23    or flashes a laser gun sight or other laser device attached
24    to a firearm, or used in concert with a firearm, so that
25    the laser beam strikes near or in the immediate vicinity of
26    any person.

 

 

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1        (6) Uses a firearm, other than by discharging the
2    firearm, against a peace officer, community policing
3    volunteer, fireman, private security officer, emergency
4    management worker, emergency medical services personnel,
5    employee of a police department, employee of a sheriff's
6    department, or traffic control municipal employee:
7            (i) performing his or her official duties;
8            (ii) assaulted to prevent performance of his or her
9        official duties; or
10            (iii) assaulted in retaliation for performing his
11        or her official duties.
12        (7) Without justification operates a motor vehicle in a
13    manner which places a person, other than a person listed in
14    subdivision (b)(4), in reasonable apprehension of being
15    struck by the moving motor vehicle.
16        (8) Without justification operates a motor vehicle in a
17    manner which places a person listed in subdivision (b)(4),
18    in reasonable apprehension of being struck by the moving
19    motor vehicle.
20        (9) Knowingly video or audio records the offense with
21    the intent to disseminate the recording.
22    (d) Sentence. Aggravated assault as defined in subdivision
23(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
24(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
25aggravated assault as defined in subdivision (b)(4) and (b)(7)
26is a Class 4 felony if a Category I, Category II, or Category

 

 

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1III weapon is used in the commission of the assault. Aggravated
2assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
3(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
4Aggravated assault as defined in subdivision (c)(3) or (c)(8)
5is a Class 3 felony.
6    (e) For the purposes of this Section, "Category I weapon",
7"Category II weapon, and "Category III weapon" have the
8meanings ascribed to those terms in Section 33A-1 of this Code.
9(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
10eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
1199-816, eff. 8-15-16.)
 
12    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
13    Sec. 12-3.05. Aggravated battery.
14    (a) Offense based on injury. A person commits aggravated
15battery when, in committing a battery, other than by the
16discharge of a firearm, he or she knowingly does any of the
17following:
18        (1) Causes great bodily harm or permanent disability or
19    disfigurement.
20        (2) Causes severe and permanent disability, great
21    bodily harm, or disfigurement by means of a caustic or
22    flammable substance, a poisonous gas, a deadly biological
23    or chemical contaminant or agent, a radioactive substance,
24    or a bomb or explosive compound.
25        (3) Causes great bodily harm or permanent disability or

 

 

10000SB0561sam001- 21 -LRB100 04864 RLC 38845 a

1    disfigurement to an individual whom the person knows to be
2    a peace officer, community policing volunteer, fireman,
3    private security officer, correctional institution
4    employee, or Department of Human Services employee
5    supervising or controlling sexually dangerous persons or
6    sexually violent persons:
7            (i) performing his or her official duties;
8            (ii) battered to prevent performance of his or her
9        official duties; or
10            (iii) battered in retaliation for performing his
11        or her official duties.
12        (4) Causes great bodily harm or permanent disability or
13    disfigurement to an individual 60 years of age or older.
14        (5) Strangles another individual.
15    (b) Offense based on injury to a child or person with an
16intellectual disability. A person who is at least 18 years of
17age commits aggravated battery when, in committing a battery,
18he or she knowingly and without legal justification by any
19means:
20        (1) causes great bodily harm or permanent disability or
21    disfigurement to any child under the age of 13 years, or to
22    any person with a severe or profound intellectual
23    disability; or
24        (2) causes bodily harm or disability or disfigurement
25    to any child under the age of 13 years or to any person
26    with a severe or profound intellectual disability.

 

 

10000SB0561sam001- 22 -LRB100 04864 RLC 38845 a

1    (c) Offense based on location of conduct. A person commits
2aggravated battery when, in committing a battery, other than by
3the discharge of a firearm, he or she is or the person battered
4is on or about a public way, public property, a public place of
5accommodation or amusement, a sports venue, or a domestic
6violence shelter, or in a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8    (d) Offense based on status of victim. A person commits
9aggravated battery when, in committing a battery, other than by
10discharge of a firearm, he or she knows the individual battered
11to be any of the following:
12        (1) A person 60 years of age or older.
13        (2) A person who is pregnant or has a physical
14    disability.
15        (3) A teacher or school employee upon school grounds or
16    grounds adjacent to a school or in any part of a building
17    used for school purposes.
18        (4) A peace officer, community policing volunteer,
19    fireman, private security officer, correctional
20    institution employee, or Department of Human Services
21    employee supervising or controlling sexually dangerous
22    persons or sexually violent persons:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

10000SB0561sam001- 23 -LRB100 04864 RLC 38845 a

1        or her official duties.
2        (5) A judge, emergency management worker, emergency
3    medical services personnel, or utility worker:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (6) An officer or employee of the State of Illinois, a
10    unit of local government, or a school district, while
11    performing his or her official duties.
12        (7) A transit employee performing his or her official
13    duties, or a transit passenger.
14        (8) A taxi driver on duty.
15        (9) A merchant who detains the person for an alleged
16    commission of retail theft under Section 16-26 of this Code
17    and the person without legal justification by any means
18    causes bodily harm to the merchant.
19        (10) A person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure or a special process
21    server appointed by the circuit court while that individual
22    is in the performance of his or her duties as a process
23    server.
24        (11) A nurse while in the performance of his or her
25    duties as a nurse.
26    (e) Offense based on use of a firearm. A person commits

 

 

10000SB0561sam001- 24 -LRB100 04864 RLC 38845 a

1aggravated battery when, in committing a battery, he or she
2knowingly does any of the following:
3        (1) Discharges a firearm, other than a machine gun or a
4    firearm equipped with a silencer, and causes any injury to
5    another person.
6        (2) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be a peace officer, community
9    policing volunteer, person summoned by a police officer,
10    fireman, private security officer, correctional
11    institution employee, or emergency management worker:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (3) Discharges a firearm, other than a machine gun or a
18    firearm equipped with a silencer, and causes any injury to
19    a person he or she knows to be emergency medical services
20    personnel:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (4) Discharges a firearm and causes any injury to a

 

 

10000SB0561sam001- 25 -LRB100 04864 RLC 38845 a

1    person he or she knows to be a teacher, a student in a
2    school, or a school employee, and the teacher, student, or
3    employee is upon school grounds or grounds adjacent to a
4    school or in any part of a building used for school
5    purposes.
6        (5) Discharges a machine gun or a firearm equipped with
7    a silencer, and causes any injury to another person.
8        (6) Discharges a machine gun or a firearm equipped with
9    a silencer, and causes any injury to a person he or she
10    knows to be a peace officer, community policing volunteer,
11    person summoned by a police officer, fireman, private
12    security officer, correctional institution employee or
13    emergency management worker:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (7) Discharges a machine gun or a firearm equipped with
20    a silencer, and causes any injury to a person he or she
21    knows to be emergency medical services personnel:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

10000SB0561sam001- 26 -LRB100 04864 RLC 38845 a

1        (8) Discharges a machine gun or a firearm equipped with
2    a silencer, and causes any injury to a person he or she
3    knows to be a teacher, or a student in a school, or a
4    school employee, and the teacher, student, or employee is
5    upon school grounds or grounds adjacent to a school or in
6    any part of a building used for school purposes.
7    (f) Offense based on use of a weapon or device. A person
8commits aggravated battery when, in committing a battery, he or
9she does any of the following:
10        (1) Uses a deadly weapon other than by discharge of a
11    firearm, or uses an air rifle as defined in Section
12    24.8-0.1 of this Code.
13        (2) Wears a hood, robe, or mask to conceal his or her
14    identity.
15        (3) Knowingly and without lawful justification shines
16    or flashes a laser gunsight or other laser device attached
17    to a firearm, or used in concert with a firearm, so that
18    the laser beam strikes upon or against the person of
19    another.
20        (4) Knowingly video or audio records the offense with
21    the intent to disseminate the recording.
22    (g) Offense based on certain conduct. A person commits
23aggravated battery when, other than by discharge of a firearm,
24he or she does any of the following:
25        (1) Violates Section 401 of the Illinois Controlled
26    Substances Act by unlawfully delivering a controlled

 

 

10000SB0561sam001- 27 -LRB100 04864 RLC 38845 a

1    substance to another and any user experiences great bodily
2    harm or permanent disability as a result of the injection,
3    inhalation, or ingestion of any amount of the controlled
4    substance.
5        (2) Knowingly administers to an individual or causes
6    him or her to take, without his or her consent or by threat
7    or deception, and for other than medical purposes, any
8    intoxicating, poisonous, stupefying, narcotic, anesthetic,
9    or controlled substance, or gives to another person any
10    food containing any substance or object intended to cause
11    physical injury if eaten.
12        (3) Knowingly causes or attempts to cause a
13    correctional institution employee or Department of Human
14    Services employee to come into contact with blood, seminal
15    fluid, urine, or feces by throwing, tossing, or expelling
16    the fluid or material, and the person is an inmate of a
17    penal institution or is a sexually dangerous person or
18    sexually violent person in the custody of the Department of
19    Human Services.
20    (h) Sentence. Unless otherwise provided, aggravated
21battery is a Class 3 felony.
22    Aggravated battery as defined in subdivision (a)(4),
23(d)(4), or (g)(3) is a Class 2 felony.
24    Aggravated battery as defined in subdivision (a)(3) or
25(g)(1) is a Class 1 felony.
26    Aggravated battery as defined in subdivision (a)(1) is a

 

 

10000SB0561sam001- 28 -LRB100 04864 RLC 38845 a

1Class 1 felony when the aggravated battery was intentional and
2involved the infliction of torture, as defined in paragraph
3(14) of subsection (b) of Section 9-1 of this Code, as the
4infliction of or subjection to extreme physical pain, motivated
5by an intent to increase or prolong the pain, suffering, or
6agony of the victim.
7    Aggravated battery as defined in subdivision (a)(1) is a
8Class 1 felony when the person causes great bodily harm or
9permanent disability to an individual whom the person knows to
10be a member of a congregation engaged in prayer or other
11religious activities at a church, synagogue, mosque, or other
12building, structure, or place used for religious worship.
13    Aggravated battery under subdivision (a)(5) is a Class 1
14felony if:
15        (A) the person used or attempted to use a dangerous
16    instrument while committing the offense; or
17        (B) the person caused great bodily harm or permanent
18    disability or disfigurement to the other person while
19    committing the offense; or
20        (C) the person has been previously convicted of a
21    violation of subdivision (a)(5) under the laws of this
22    State or laws similar to subdivision (a)(5) of any other
23    state.
24    Aggravated battery as defined in subdivision (e)(1) is a
25Class X felony.
26    Aggravated battery as defined in subdivision (a)(2) is a

 

 

10000SB0561sam001- 29 -LRB100 04864 RLC 38845 a

1Class X felony for which a person shall be sentenced to a term
2of imprisonment of a minimum of 6 years and a maximum of 45
3years.
4    Aggravated battery as defined in subdivision (e)(5) is a
5Class X felony for which a person shall be sentenced to a term
6of imprisonment of a minimum of 12 years and a maximum of 45
7years.
8    Aggravated battery as defined in subdivision (e)(2),
9(e)(3), or (e)(4) is a Class X felony for which a person shall
10be sentenced to a term of imprisonment of a minimum of 15 years
11and a maximum of 60 years.
12    Aggravated battery as defined in subdivision (e)(6),
13(e)(7), or (e)(8) is a Class X felony for which a person shall
14be sentenced to a term of imprisonment of a minimum of 20 years
15and a maximum of 60 years.
16    Aggravated battery as defined in subdivision (b)(1) is a
17Class X felony, except that:
18        (1) if the person committed the offense while armed
19    with a firearm, 15 years shall be added to the term of
20    imprisonment imposed by the court;
21        (2) if, during the commission of the offense, the
22    person personally discharged a firearm, 20 years shall be
23    added to the term of imprisonment imposed by the court;
24        (3) if, during the commission of the offense, the
25    person personally discharged a firearm that proximately
26    caused great bodily harm, permanent disability, permanent

 

 

10000SB0561sam001- 30 -LRB100 04864 RLC 38845 a

1    disfigurement, or death to another person, 25 years or up
2    to a term of natural life shall be added to the term of
3    imprisonment imposed by the court.
4    (i) Definitions. For the purposes of this Section:
5    "Building or other structure used to provide shelter" has
6the meaning ascribed to "shelter" in Section 1 of the Domestic
7Violence Shelters Act.
8    "Domestic violence" has the meaning ascribed to it in
9Section 103 of the Illinois Domestic Violence Act of 1986.
10    "Domestic violence shelter" means any building or other
11structure used to provide shelter or other services to victims
12or to the dependent children of victims of domestic violence
13pursuant to the Illinois Domestic Violence Act of 1986 or the
14Domestic Violence Shelters Act, or any place within 500 feet of
15such a building or other structure in the case of a person who
16is going to or from such a building or other structure.
17    "Firearm" has the meaning provided under Section 1.1 of the
18Firearm Owners Identification Card Act, and does not include an
19air rifle as defined by Section 24.8-0.1 of this Code.
20    "Machine gun" has the meaning ascribed to it in Section
2124-1 of this Code.
22    "Merchant" has the meaning ascribed to it in Section 16-0.1
23of this Code.
24    "Strangle" means intentionally impeding the normal
25breathing or circulation of the blood of an individual by
26applying pressure on the throat or neck of that individual or

 

 

10000SB0561sam001- 31 -LRB100 04864 RLC 38845 a

1by blocking the nose or mouth of that individual.
2(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
3eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
4    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
5    Sec. 24-1. Unlawful use of weapons.
6    (a) A person commits the offense of unlawful use of weapons
7when he knowingly:
8        (1) Sells, manufactures, purchases, possesses or
9    carries any bludgeon, black-jack, slung-shot, sand-club,
10    sand-bag, metal knuckles or other knuckle weapon
11    regardless of its composition, throwing star, or any knife,
12    commonly referred to as a switchblade knife, which has a
13    blade that opens automatically by hand pressure applied to
14    a button, spring or other device in the handle of the
15    knife, or a ballistic knife, which is a device that propels
16    a knifelike blade as a projectile by means of a coil
17    spring, elastic material or compressed gas; or
18        (2) Carries or possesses with intent to use the same
19    unlawfully against another, a dagger, dirk, billy,
20    dangerous knife, razor, stiletto, broken bottle or other
21    piece of glass, stun gun or taser or any other dangerous or
22    deadly weapon or instrument of like character; or
23        (2.5) Carries or possesses with intent to use the same
24    unlawfully against another, any firearm, knife, or other
25    dangerous weapon, in any school church, synagogue, mosque,

 

 

10000SB0561sam001- 32 -LRB100 04864 RLC 38845 a

1    or other building, structure, or place used for religious
2    worship; or
3        (3) Carries on or about his person or in any vehicle, a
4    tear gas gun projector or bomb or any object containing
5    noxious liquid gas or substance, other than an object
6    containing a non-lethal noxious liquid gas or substance
7    designed solely for personal defense carried by a person 18
8    years of age or older; or
9        (4) Carries or possesses in any vehicle or concealed on
10    or about his person except when on his land or in his own
11    abode, legal dwelling, or fixed place of business, or on
12    the land or in the legal dwelling of another person as an
13    invitee with that person's permission, any pistol,
14    revolver, stun gun or taser or other firearm, except that
15    this subsection (a) (4) does not apply to or affect
16    transportation of weapons that meet one of the following
17    conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24            (iv) are carried or possessed in accordance with
25        the Firearm Concealed Carry Act by a person who has
26        been issued a currently valid license under the Firearm

 

 

10000SB0561sam001- 33 -LRB100 04864 RLC 38845 a

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

 

 

10000SB0561sam001- 34 -LRB100 04864 RLC 38845 a

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

 

 

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1    weapons, or except when on his land or in his own abode,
2    legal dwelling, or fixed place of business, or on the land
3    or in the legal dwelling of another person as an invitee
4    with that person's permission, any pistol, revolver, stun
5    gun or taser or other firearm, except that this subsection
6    (a) (10) does not apply to or affect transportation of
7    weapons that meet one of the following conditions:
8            (i) are broken down in a non-functioning state; or
9            (ii) are not immediately accessible; or
10            (iii) are unloaded and enclosed in a case, firearm
11        carrying box, shipping box, or other container by a
12        person who has been issued a currently valid Firearm
13        Owner's Identification Card; or
14            (iv) are carried or possessed in accordance with
15        the Firearm Concealed Carry Act by a person who has
16        been issued a currently valid license under the Firearm
17        Concealed Carry Act.
18        A "stun gun or taser", as used in this paragraph (a)
19    means (i) any device which is powered by electrical
20    charging units, such as, batteries, and which fires one or
21    several barbs attached to a length of wire and which, upon
22    hitting a human, can send out a current capable of
23    disrupting the person's nervous system in such a manner as
24    to render him incapable of normal functioning or (ii) any
25    device which is powered by electrical charging units, such
26    as batteries, and which, upon contact with a human or

 

 

10000SB0561sam001- 36 -LRB100 04864 RLC 38845 a

1    clothing worn by a human, can send out current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning; or
4        (11) Sells, manufactures or purchases any explosive
5    bullet. For purposes of this paragraph (a) "explosive
6    bullet" means the projectile portion of an ammunition
7    cartridge which contains or carries an explosive charge
8    which will explode upon contact with the flesh of a human
9    or an animal. "Cartridge" means a tubular metal case having
10    a projectile affixed at the front thereof and a cap or
11    primer at the rear end thereof, with the propellant
12    contained in such tube between the projectile and the cap;
13    or
14        (12) (Blank); or
15        (13) Carries or possesses on or about his or her person
16    while in a building occupied by a unit of government, a
17    billy club, other weapon of like character, or other
18    instrument of like character intended for use as a weapon.
19    For the purposes of this Section, "billy club" means a
20    short stick or club commonly carried by police officers
21    which is either telescopic or constructed of a solid piece
22    of wood or other man-made material.
23    (b) Sentence. A person convicted of a violation of
24subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
25subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
26Class A misdemeanor. A person convicted of a violation of

 

 

10000SB0561sam001- 37 -LRB100 04864 RLC 38845 a

1subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
2person convicted of a violation of subsection 24-1(a)(6) or
324-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
4convicted of a violation of subsection 24-1(a)(7)(i) commits a
5Class 2 felony and shall be sentenced to a term of imprisonment
6of not less than 3 years and not more than 7 years, unless the
7weapon is possessed in the passenger compartment of a motor
8vehicle as defined in Section 1-146 of the Illinois Vehicle
9Code, or on the person, while the weapon is loaded, in which
10case it shall be a Class X felony. A person convicted of a
11second or subsequent violation of subsection 24-1(a)(4),
1224-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
13felony. A person convicted of a violation of subsection
1424-1(a)(2.5) commits a Class 1 felony. The possession of each
15weapon in violation of this Section constitutes a single and
16separate violation.
17    (c) Violations in specific places.
18        (1) A person who violates subsection 24-1(a)(6) or
19    24-1(a)(7) in any school, regardless of the time of day or
20    the time of year, in residential property owned, operated
21    or managed by a public housing agency or leased by a public
22    housing agency as part of a scattered site or mixed-income
23    development, in a public park, in a courthouse, on the real
24    property comprising any school, regardless of the time of
25    day or the time of year, on residential property owned,
26    operated or managed by a public housing agency or leased by

 

 

10000SB0561sam001- 38 -LRB100 04864 RLC 38845 a

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

 

 

10000SB0561sam001- 39 -LRB100 04864 RLC 38845 a

1    the 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, in
5    any conveyance owned, leased, or contracted by a public
6    transportation agency, or on any public way within 1,000
7    feet of the real property comprising any school, public
8    park, courthouse, public transportation facility, or
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development
12    commits a Class 3 felony.
13        (2) A person who violates subsection 24-1(a)(1),
14    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
15    time of day or the time of year, in residential property
16    owned, operated or managed by a public housing agency or
17    leased by a public housing agency as part of a scattered
18    site or mixed-income development, in a public park, in a
19    courthouse, on the real property comprising any school,
20    regardless of the time of day or the time of year, on
21    residential property owned, operated or managed by a public
22    housing agency or leased by a public housing agency as part
23    of a scattered site or mixed-income development, on the
24    real property comprising any public park, on the real
25    property comprising any courthouse, in any conveyance
26    owned, leased or contracted by a school to transport

 

 

10000SB0561sam001- 40 -LRB100 04864 RLC 38845 a

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

 

 

10000SB0561sam001- 41 -LRB100 04864 RLC 38845 a

1    persons by means available to the general public, except
2    for transportation by automobiles not used for conveyance
3    of the general public as passengers; and "public
4    transportation facility" means a terminal or other place
5    where one may obtain public transportation.
6    (d) The presence in an automobile other than a public
7omnibus of any weapon, instrument or substance referred to in
8subsection (a)(7) is prima facie evidence that it is in the
9possession of, and is being carried by, all persons occupying
10such automobile at the time such weapon, instrument or
11substance is found, except under the following circumstances:
12(i) if such weapon, instrument or instrumentality is found upon
13the person of one of the occupants therein; or (ii) if such
14weapon, instrument or substance is found in an automobile
15operated for hire by a duly licensed driver in the due, lawful
16and proper pursuit of his trade, then such presumption shall
17not apply to the driver.
18    (e) Exemptions.
19        (1) Crossbows, Common or Compound bows and Underwater
20    Spearguns are exempted from the definition of ballistic
21    knife as defined in paragraph (1) of subsection (a) of this
22    Section.
23        (2) The provision of paragraph (1) of subsection (a) of
24    this Section prohibiting the sale, manufacture, purchase,
25    possession, or carrying of any knife, commonly referred to
26    as a switchblade knife, which has a blade that opens

 

 

10000SB0561sam001- 42 -LRB100 04864 RLC 38845 a

1    automatically by hand pressure applied to a button, spring
2    or other device in the handle of the knife, does not apply
3    to a person who possesses a currently valid Firearm Owner's
4    Identification Card previously issued in his or her name by
5    the Department of State Police or to a person or an entity
6    engaged in the business of selling or manufacturing
7    switchblade knives.
8(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)".