Illinois General Assembly - Full Text of SB2317
Illinois General Assembly

Previous General Assemblies

Full Text of SB2317  100th General Assembly

SB2317sam001 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 2/5/2018

 

 


 

 


 
10000SB2317sam001LRB100 16153 RLC 33998 a

1
AMENDMENT TO SENATE BILL 2317

2    AMENDMENT NO. ______. Amend Senate Bill 2317 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the

 

 

10000SB2317sam001- 2 -LRB100 16153 RLC 33998 a

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

 

 

10000SB2317sam001- 3 -LRB100 16153 RLC 33998 a

1        carrying box, shipping box, or other container by a
2        person who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the Firearm
7        Concealed Carry Act; or
8        (5) Sets a spring gun; or
9        (6) Possesses any device or attachment of any kind
10    designed, used or intended for use in silencing the report
11    of any firearm; or
12        (7) Sells, manufactures, purchases, possesses or
13    carries:
14            (i) a machine gun, which shall be defined for the
15        purposes of this subsection as any weapon, which
16        shoots, is designed to shoot, or can be readily
17        restored to shoot, automatically more than one shot
18        without manually reloading by a single function of the
19        trigger, including the frame or receiver of any such
20        weapon, or sells, manufactures, purchases, possesses,
21        or carries any combination of parts designed or
22        intended for use in converting any weapon into a
23        machine gun, or any combination or parts from which a
24        machine gun can be assembled if such parts are in the
25        possession or under the control of a person;
26            (ii) any rifle having one or more barrels less than

 

 

10000SB2317sam001- 4 -LRB100 16153 RLC 33998 a

1        16 inches in length or a shotgun having one or more
2        barrels less than 18 inches in length or any weapon
3        made from a rifle or shotgun, whether by alteration,
4        modification, or otherwise, if such a weapon as
5        modified has an overall length of less than 26 inches;
6        or
7            (iii) any bomb, bomb-shell, grenade, bottle or
8        other container containing an explosive substance of
9        over one-quarter ounce for like purposes, such as, but
10        not limited to, black powder bombs and Molotov
11        cocktails or artillery projectiles; or
12        (8) Carries or possesses any firearm, stun gun or taser
13    or other deadly weapon in any place which is licensed to
14    sell intoxicating beverages, or at any public gathering
15    held pursuant to a license issued by any governmental body
16    or any public gathering at which an admission is charged,
17    excluding a place where a showing, demonstration or lecture
18    involving the exhibition of unloaded firearms is
19    conducted.
20        This subsection (a)(8) does not apply to any auction or
21    raffle of a firearm held pursuant to a license or permit
22    issued by a governmental body, nor does it apply to persons
23    engaged in firearm safety training courses; or
24        (9) Carries or possesses in a vehicle or on or about
25    his person any pistol, revolver, stun gun or taser or
26    firearm or ballistic knife, when he is hooded, robed or

 

 

10000SB2317sam001- 5 -LRB100 16153 RLC 33998 a

1    masked in such manner as to conceal his identity; or
2        (10) Carries or possesses on or about his person, upon
3    any public street, alley, or other public lands within the
4    corporate limits of a city, village or incorporated town,
5    except when an invitee thereon or therein, for the purpose
6    of the display of such weapon or the lawful commerce in
7    weapons, or except when on his land or in his own abode,
8    legal dwelling, or fixed place of business, or on the land
9    or in the legal dwelling of another person as an invitee
10    with that person's permission, any pistol, revolver, stun
11    gun or taser or other firearm, except that this subsection
12    (a) (10) does not apply to or affect transportation of
13    weapons that meet one of the following conditions:
14            (i) are broken down in a non-functioning state; or
15            (ii) are not immediately accessible; or
16            (iii) are unloaded and enclosed in a case, firearm
17        carrying box, shipping box, or other container by a
18        person who has been issued a currently valid Firearm
19        Owner's Identification Card; or
20            (iv) are carried or possessed in accordance with
21        the Firearm Concealed Carry Act by a person who has
22        been issued a currently valid license under the Firearm
23        Concealed Carry Act.
24        A "stun gun or taser", as used in this paragraph (a)
25    means (i) any device which is powered by electrical
26    charging units, such as, batteries, and which fires one or

 

 

10000SB2317sam001- 6 -LRB100 16153 RLC 33998 a

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

 

 

10000SB2317sam001- 7 -LRB100 16153 RLC 33998 a

1    which is either telescopic or constructed of a solid piece
2    of wood or other man-made material; or
3        (14) 120 days after the effective date of this
4    amendatory Act of the 100th General Assembly, imports,
5    sells, manufactures, transfers, or possesses, in this
6    State, a bump-fire stock for a semi-automatic firearm that
7    does not convert the semi-automatic firearm into a machine
8    gun. For purposes of this paragraph (14), "bump-fire stock"
9    means a butt stock designed to be attached to a
10    semi-automatic firearm and designed, made, or altered, and
11    intended to increase the rate of fire achievable with the
12    firearm to that of a fully automatic firearm by using the
13    energy from the recoil of the firearm to generate
14    reciprocating action that facilitates repeated activation
15    of the trigger.
16    (b) Sentence. A person convicted of a violation of
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
19Class A misdemeanor. A person convicted of a violation of
20subsection 24-1(a)(8), or 24-1(a)(9), or 24-1(a)(14) commits a
21Class 4 felony; a person convicted of a violation of subsection
2224-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
23A person convicted of a violation of subsection 24-1(a)(7)(i)
24commits a Class 2 felony and shall be sentenced to a term of
25imprisonment of not less than 3 years and not more than 7
26years, unless the weapon is possessed in the passenger

 

 

10000SB2317sam001- 8 -LRB100 16153 RLC 33998 a

1compartment of a motor vehicle as defined in Section 1-146 of
2the Illinois Vehicle Code, or on the person, while the weapon
3is loaded, in which case it shall be a Class X felony. A person
4convicted of a second or subsequent violation of subsection
524-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
6Class 3 felony. The possession of each weapon in violation of
7this Section constitutes a single and separate violation.
8    (c) Violations in specific places.
9        (1) A person who violates subsection 24-1(a)(6) or
10    24-1(a)(7) in any school, regardless of the time of day or
11    the time of year, in residential property owned, operated
12    or managed by a public housing agency or leased by a public
13    housing agency as part of a scattered site or mixed-income
14    development, in a public park, in a courthouse, on the real
15    property comprising any school, regardless of the time of
16    day or the time of year, on residential property owned,
17    operated or managed by a public housing agency or leased by
18    a public housing agency as part of a scattered site or
19    mixed-income development, on the real property comprising
20    any public park, on the real property comprising any
21    courthouse, in any conveyance owned, leased or contracted
22    by a school to transport students to or from school or a
23    school related activity, in any conveyance owned, leased,
24    or contracted by a public transportation agency, or on any
25    public way within 1,000 feet of the real property
26    comprising any school, public park, courthouse, public

 

 

10000SB2317sam001- 9 -LRB100 16153 RLC 33998 a

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

 

 

10000SB2317sam001- 10 -LRB100 16153 RLC 33998 a

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

 

 

10000SB2317sam001- 11 -LRB100 16153 RLC 33998 a

1    that is used by the Circuit, Appellate, or Supreme Court of
2    this State for the conduct of official business.
3        (3) Paragraphs (1), (1.5), and (2) of this subsection
4    (c) shall not apply to law enforcement officers or security
5    officers of such school, college, or university or to
6    students carrying or possessing firearms for use in
7    training courses, parades, hunting, target shooting on
8    school ranges, or otherwise with the consent of school
9    authorities and which firearms are transported unloaded
10    enclosed in a suitable case, box, or transportation
11    package.
12        (4) For the purposes of this subsection (c), "school"
13    means any public or private elementary or secondary school,
14    community college, college, or university.
15        (5) For the purposes of this subsection (c), "public
16    transportation agency" means a public or private agency
17    that provides for the transportation or conveyance of
18    persons by means available to the general public, except
19    for transportation by automobiles not used for conveyance
20    of the general public as passengers; and "public
21    transportation facility" means a terminal or other place
22    where one may obtain public transportation.
23    (d) The presence in an automobile other than a public
24omnibus of any weapon, instrument or substance referred to in
25subsection (a)(7) is prima facie evidence that it is in the
26possession of, and is being carried by, all persons occupying

 

 

10000SB2317sam001- 12 -LRB100 16153 RLC 33998 a

1such automobile at the time such weapon, instrument or
2substance is found, except under the following circumstances:
3(i) if such weapon, instrument or instrumentality is found upon
4the person of one of the occupants therein; or (ii) if such
5weapon, instrument or substance is found in an automobile
6operated for hire by a duly licensed driver in the due, lawful
7and proper pursuit of his trade, then such presumption shall
8not apply to the driver.
9    (e) Exemptions.
10        (1) Crossbows, Common or Compound bows and Underwater
11    Spearguns are exempted from the definition of ballistic
12    knife as defined in paragraph (1) of subsection (a) of this
13    Section.
14        (2) The provision of paragraph (1) of subsection (a) of
15    this Section prohibiting the sale, manufacture, purchase,
16    possession, or carrying of any knife, commonly referred to
17    as a switchblade knife, which has a blade that opens
18    automatically by hand pressure applied to a button, spring
19    or other device in the handle of the knife, does not apply
20    to a person who possesses a currently valid Firearm Owner's
21    Identification Card previously issued in his or her name by
22    the Department of State Police or to a person or an entity
23    engaged in the business of selling or manufacturing
24    switchblade knives.
25(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 

 

 

10000SB2317sam001- 13 -LRB100 16153 RLC 33998 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".