Full Text of HB2866 103rd General Assembly
HB2866 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2866 Introduced 2/16/2023, by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use
of weapons.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 the offense of unlawful use of | 9 | | weapons when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any | 14 | | knife, commonly referred to as a switchblade knife, which | 15 | | has a
blade that opens automatically by hand pressure | 16 | | applied to a button,
spring or other device in the handle | 17 | | of the knife, or a ballistic knife,
which is a device that | 18 | | propels a knifelike blade as a projectile by means
of a | 19 | | coil spring, elastic material or compressed gas; or
| 20 | | (2) Carries or possesses with intent to use the same | 21 | | unlawfully
against another, a dagger, dirk, billy, | 22 | | dangerous knife, razor,
stiletto, broken bottle or other | 23 | | piece of glass, stun gun or taser or
any other dangerous or |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (2.5) Carries or possesses with intent to use the same | 3 | | unlawfully against another, any firearm in a church, | 4 | | synagogue, mosque, or other building, structure, or place | 5 | | used for religious worship; or | 6 | | (3) Carries on or about his person or in any vehicle, a | 7 | | tear gas gun
projector or bomb or any object containing | 8 | | noxious liquid gas or
substance, other than an object | 9 | | containing a non-lethal noxious liquid gas
or substance | 10 | | designed solely for personal defense carried by a person | 11 | | 18
years of age or older; or
| 12 | | (4) Carries or possesses in any vehicle or concealed | 13 | | on or about his
person except when on his land or in his | 14 | | own abode, legal dwelling, or fixed place of
business, or | 15 | | on the land or in the legal dwelling of another person as | 16 | | an invitee with that person's permission, any pistol, | 17 | | revolver, stun gun or taser or other firearm, except
that
| 18 | | this subsection (a)(4) does not apply to or affect | 19 | | transportation of weapons
that meet one of the following | 20 | | conditions:
| 21 | | (i) are broken down in a non-functioning state; or
| 22 | | (ii) are not immediately accessible; or
| 23 | | (iii) are unloaded and enclosed in a case, firearm | 24 | | carrying box,
shipping box, or other container by a | 25 | | person who has been issued a currently
valid Firearm | 26 | | Owner's
Identification Card; or |
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| 1 | | (iv) are carried or possessed in accordance with | 2 | | the Firearm Concealed Carry Act by a person who has | 3 | | been issued a currently valid license under the | 4 | | Firearm Concealed Carry Act; or
| 5 | | (5) Sets a spring gun; or
| 6 | | (6) Possesses any device or attachment of any kind | 7 | | designed, used or
intended for use in silencing the report | 8 | | of any firearm; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less | 24 | | than 16 inches in length or a shotgun having one or | 25 | | more
barrels less than 18 inches in length or any | 26 | | weapon made from a rifle or
shotgun, whether by |
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| 1 | | alteration, modification, or otherwise, if such a | 2 | | weapon
as modified has an overall length of less than | 3 | | 26 inches; or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or | 10 | | taser or other
deadly weapon in any place which is | 11 | | licensed to sell intoxicating
beverages, or at any public | 12 | | gathering held pursuant to a license issued
by any | 13 | | governmental body or any public gathering at which an | 14 | | admission
is charged, excluding a place where a showing, | 15 | | demonstration or lecture
involving the exhibition of | 16 | | unloaded firearms is conducted.
| 17 | | This subsection (a)(8) does not apply to any auction | 18 | | or raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to | 20 | | persons
engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his or her person any
pistol, revolver, stun gun or taser | 23 | | or firearm or ballistic knife, when
he or she is hooded, | 24 | | robed or masked in such manner as to conceal his or her | 25 | | identity; or
| 26 | | (10) Carries or possesses on or about his or her |
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| 1 | | person, upon any public street,
alley, or other public | 2 | | lands within the corporate limits of a city, village,
or | 3 | | incorporated town, except when an invitee thereon or | 4 | | therein, for the
purpose of the display of such weapon or | 5 | | the lawful commerce in weapons, or
except when on his land | 6 | | or in his or her own abode, legal dwelling, or fixed place | 7 | | of business, or on the land or in the legal dwelling of | 8 | | another person as an invitee with that person's | 9 | | permission, any
pistol, revolver, stun gun, or taser or | 10 | | other firearm, except that this
subsection (a)(10) does | 11 | | not apply to or affect transportation of weapons that
meet | 12 | | one of the following conditions:
| 13 | | (i) are broken down in a non-functioning state; or
| 14 | | (ii) are not immediately accessible; or
| 15 | | (iii) are unloaded and enclosed in a case, firearm | 16 | | carrying box,
shipping box, or other container by a | 17 | | person who has been issued a currently
valid Firearm | 18 | | Owner's
Identification Card; or
| 19 | | (iv) are carried or possessed in accordance with | 20 | | the Firearm Concealed Carry Act by a person who has | 21 | | been issued a currently valid license under the | 22 | | Firearm Concealed Carry Act. | 23 | | A "stun gun or taser", as used in this paragraph (a) | 24 | | means (i) any device
which is powered by electrical | 25 | | charging units, such as, batteries, and
which fires one or | 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of | 2 | | disrupting
the person's nervous system in such a manner as | 3 | | to render him incapable of
normal functioning or (ii) any | 4 | | device which is powered by electrical
charging units, such | 5 | | as batteries, and which, upon contact with a human or
| 6 | | clothing worn by a human, can send out current capable of | 7 | | disrupting
the person's nervous system in such a manner as | 8 | | to render him incapable
of normal functioning; or
| 9 | | (11) Sells, manufactures, delivers, imports, | 10 | | possesses, or purchases any assault weapon attachment or | 11 | | .50 caliber cartridge in violation of Section 24-1.9 or | 12 | | any explosive bullet. For purposes
of this paragraph (a) | 13 | | "explosive bullet" means the projectile portion of
an | 14 | | ammunition cartridge which contains or carries an | 15 | | explosive charge which
will explode upon contact with the | 16 | | flesh of a human or an animal.
"Cartridge" means a tubular | 17 | | metal case having a projectile affixed at the
front | 18 | | thereof and a cap or primer at the rear end thereof, with | 19 | | the
propellant contained in such tube between the | 20 | | projectile and the cap; or
| 21 | | (12) (Blank); or
| 22 | | (13) Carries or possesses on or about his or her | 23 | | person while in a building occupied by a unit of | 24 | | government, a billy club, other weapon of like character, | 25 | | or other instrument of like character intended for use as | 26 | | a weapon. For the purposes of this Section, "billy club" |
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| 1 | | means a short stick or club commonly carried by police | 2 | | officers which is either telescopic or constructed of a | 3 | | solid piece of wood or other man-made material; or | 4 | | (14) Manufactures, possesses, sells, or offers to | 5 | | sell, purchase, manufacture, import, transfer, or use any | 6 | | device, part, kit, tool, accessory, or combination of | 7 | | parts that is designed to and functions to increase the | 8 | | rate of fire of a semiautomatic firearm above the standard | 9 | | rate of fire for semiautomatic firearms that is not | 10 | | equipped with that device, part, or combination of parts; | 11 | | or | 12 | | (15) Carries or possesses any assault weapon or .50 | 13 | | caliber rifle in violation of Section 24-1.9; or | 14 | | (16) Manufactures, sells, delivers, imports, or | 15 | | purchases any assault weapon or .50 caliber rifle in | 16 | | violation of Section 24-1.9. | 17 | | (b) Sentence. A person convicted of a violation of | 18 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 19 | | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | 20 | | commits a Class A
misdemeanor.
A person convicted of a | 21 | | violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
| 22 | | Class 4 felony; a person
convicted of a violation of | 23 | | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | 24 | | 24-1(a)(16)
commits a Class 3 felony. A person convicted of a | 25 | | violation of subsection
24-1(a)(7)(i) commits a Class 2 felony | 26 | | and shall be sentenced to a term of imprisonment of not less |
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| 1 | | than 3 years and not more than 7 years, unless the weapon is | 2 | | possessed in the
passenger compartment of a motor vehicle as | 3 | | defined in Section 1-146 of the
Illinois Vehicle Code, or on | 4 | | the person, while the weapon is loaded, in which
case it shall | 5 | | be a Class X felony. A person convicted of a
second or | 6 | | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
| 7 | | 24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 | 8 | | felony. A person convicted of a violation of subsection | 9 | | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | 10 | | possession of each weapon or device in violation of this | 11 | | Section constitutes a single and separate violation.
| 12 | | (c) Violations in specific places.
| 13 | | (1) A person who violates subsection 24-1(a)(6) or | 14 | | 24-1(a)(7) in any
school, regardless of the time of day or | 15 | | the time of year, in residential
property owned, operated | 16 | | or managed by a public housing agency or
leased by
a public | 17 | | housing agency as part of a scattered site or mixed-income
| 18 | | development, in a
public park, in a courthouse, on the | 19 | | real property comprising any school,
regardless of the
| 20 | | time of day or the time of year, on residential property | 21 | | owned, operated
or
managed by a public housing agency
or | 22 | | leased by a public housing agency as part of a scattered | 23 | | site or
mixed-income development,
on the real property | 24 | | comprising any
public park, on the real property | 25 | | comprising any courthouse, in any conveyance
owned, leased | 26 | | or contracted by a school to
transport students to or from |
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| 1 | | school or a school related activity, in any conveyance
| 2 | | owned, leased, or contracted by a public transportation | 3 | | agency, or on any
public way within 1,000 feet of the real | 4 | | property comprising any school,
public park, courthouse, | 5 | | public transportation facility, or residential property | 6 | | owned, operated, or managed
by a public housing agency
or | 7 | | leased by a public housing agency as part of a scattered | 8 | | site or
mixed-income development
commits a Class 2 felony | 9 | | and shall be sentenced to a term of imprisonment of not | 10 | | less than 3 years and not more than 7 years.
| 11 | | (1.5) A person who violates subsection 24-1(a)(4), | 12 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | 13 | | the time of day or the time of year,
in residential | 14 | | property owned, operated, or managed by a public
housing
| 15 | | agency
or leased by a public housing agency as part of a | 16 | | scattered site or
mixed-income development,
in
a public
| 17 | | park, in a courthouse, on the real property comprising any | 18 | | school, regardless
of the time of day or the time of year, | 19 | | on residential property owned,
operated, or managed by a | 20 | | public housing agency
or leased by a public housing agency | 21 | | as part of a scattered site or
mixed-income development,
| 22 | | on the real property
comprising any public park, on the | 23 | | real property comprising any courthouse, in
any conveyance | 24 | | owned, leased, or contracted by a school to transport | 25 | | students
to or from school or a school related activity, | 26 | | in any conveyance
owned, leased, or contracted by a public |
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| 1 | | transportation agency, or on any public way within
1,000 | 2 | | feet of the real property comprising any school, public | 3 | | park, courthouse,
public transportation facility, or | 4 | | residential property owned, operated, or managed by a | 5 | | public
housing agency
or leased by a public housing agency | 6 | | as part of a scattered site or
mixed-income development
| 7 | | commits a Class 3 felony.
| 8 | | (2) A person who violates subsection 24-1(a)(1), | 9 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 10 | | time of day or the time of year, in
residential property | 11 | | owned, operated or managed by a public housing
agency
or | 12 | | leased by a public housing agency as part of a scattered | 13 | | site or
mixed-income development,
in
a public park, in a | 14 | | courthouse, on the real property comprising any school,
| 15 | | regardless of the time of day or the time of year, on | 16 | | residential property
owned, operated or managed by a | 17 | | public housing agency
or leased by a public housing agency | 18 | | as part of a scattered site or
mixed-income development,
| 19 | | on the real property
comprising any public park, on the | 20 | | real property comprising any courthouse, in
any conveyance | 21 | | owned, leased or contracted by a school to transport | 22 | | students
to or from school or a school related activity, | 23 | | in any conveyance
owned, leased, or contracted by a public | 24 | | transportation agency, or on any public way within
1,000 | 25 | | feet of the real property comprising any school, public | 26 | | park, courthouse,
public transportation facility, or |
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| 1 | | residential property owned, operated, or managed by a | 2 | | public
housing agency or leased by a public housing agency | 3 | | as part of a scattered
site or mixed-income development | 4 | | commits a Class 4 felony. "Courthouse"
means any building | 5 | | that is used by the Circuit, Appellate, or Supreme Court | 6 | | of
this State for the conduct of official business.
| 7 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 8 | | (c) shall not
apply to law
enforcement officers or | 9 | | security officers of such school, college, or
university | 10 | | or to students carrying or possessing firearms for use in | 11 | | training
courses, parades, hunting, target shooting on | 12 | | school ranges, or otherwise with
the consent of school | 13 | | authorities and which firearms are transported unloaded
| 14 | | enclosed in a suitable case, box, or transportation | 15 | | package.
| 16 | | (4) For the purposes of this subsection (c), "school" | 17 | | means any public or
private elementary or secondary | 18 | | school, community college, college, or
university.
| 19 | | (5) For the purposes of this subsection (c), "public | 20 | | transportation agency" means a public or private agency | 21 | | that provides for the transportation or conveyance of
| 22 | | persons by means available to the general public, except | 23 | | for transportation
by automobiles not used for conveyance | 24 | | of the general public as passengers; and "public | 25 | | transportation facility" means a terminal or other place
| 26 | | where one may obtain public transportation.
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| 1 | | (d) The presence in an automobile other than a public | 2 | | omnibus of any
weapon, instrument or substance referred to in | 3 | | subsection (a)(7) is
prima facie evidence that it is in the | 4 | | possession of, and is being
carried by, all persons occupying | 5 | | such automobile at the time such
weapon, instrument or | 6 | | substance is found, except under the following
circumstances: | 7 | | (i) if such weapon, instrument or instrumentality is
found | 8 | | upon the person of one of the occupants therein; or (ii) if | 9 | | such
weapon, instrument or substance is found in an automobile | 10 | | operated for
hire by a duly licensed driver in the due, lawful | 11 | | and proper pursuit of
his or her trade, then such presumption | 12 | | shall not apply to the driver.
| 13 | | (e) Exemptions. | 14 | | (1) Crossbows, Common or Compound bows and Underwater
| 15 | | Spearguns are exempted from the definition of ballistic | 16 | | knife as defined in
paragraph (1) of subsection (a) of | 17 | | this Section. | 18 | | (2) The provision of paragraph (1) of subsection (a) | 19 | | of this Section prohibiting the sale, manufacture, | 20 | | purchase, possession, or carrying of any knife, commonly | 21 | | referred to as a switchblade knife, which has a
blade that | 22 | | opens automatically by hand pressure applied to a button,
| 23 | | spring or other device in the handle of the knife, does not | 24 | | apply to a person who possesses a currently valid Firearm | 25 | | Owner's Identification Card previously issued in his or | 26 | | her name by the Illinois State Police or to a person or an |
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| 1 | | entity engaged in the business of selling or manufacturing | 2 | | switchblade knives.
| 3 | | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | 4 | | 102-1116, eff. 1-10-23.)
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