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90_HB0482
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
720 ILCS 5/24-1 from Ch. 38, par. 24-1
Amends the Illinois Vehicle Code and the Criminal Code of
1961. Amends the Vehicle Code to provide that the Secretary
of State shall revoke the license or permit of a driver upon
receiving a report of the driver's conviction for the offense
of unlawful use of weapons if the offense was for carrying or
possessing a firearm in a vehicle within 250 feet of a
school. Amends the Criminal Code of 1961 to provide that the
court shall make a finding that the offense was for carrying
or possessing a firearm in a vehicle within 250 feet of a
school. Effective immediately.
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LRB9002500NTsb
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 6-205 as follows:
6 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
7 Sec. 6-205. Mandatory revocation of license or permit;
8 Hardship cases.
9 (a) Except as provided in this Section, the Secretary of
10 State shall immediately revoke the license or permit of any
11 driver upon receiving a report of the driver's conviction of
12 any of the following offenses:
13 1. Reckless homicide resulting from the operation
14 of a motor vehicle;
15 2. Violation of Section 11-501 of this Code or a
16 similar provision of a local ordinance relating to the
17 offense of operating or being in physical control of a
18 vehicle while under the influence of alcohol, other drug,
19 or combination of both;
20 3. Any felony under the laws of any State or the
21 federal government in the commission of which a motor
22 vehicle was used;
23 4. Violation of Section 11-401 of this Code
24 relating to the offense of leaving the scene of a traffic
25 accident involving death or personal injury;
26 5. Perjury or the making of a false affidavit or
27 statement under oath to the Secretary of State under this
28 Code or under any other law relating to the ownership or
29 operation of motor vehicles;
30 6. Conviction upon 3 charges of violation of
31 Section 11-503 of this Code relating to the offense of
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1 reckless driving committed within a period of 12 months;
2 7. Conviction of the offense of automobile theft as
3 defined in Section 4-102 of this Code;
4 8. Violation of Section 11-504 of this Code
5 relating to the offense of drag racing;
6 9. Violation of Chapters 8 and 9 of this Code;
7 10. Violation of Section 12-5 of the Criminal Code
8 of 1961 arising from the use of a motor vehicle;
9 11. Violation of Section 11-204.1 of this Code
10 relating to aggravated fleeing or attempting to elude a
11 police officer;
12 12. Violation of paragraph (1) of subsection (b) of
13 Section 6-507, or a similar law of any other state,
14 relating to the unlawful operation of a commercial motor
15 vehicle;
16 13. Violation of paragraph (a) of Section 11-502 of
17 this Code or a similar provision of a local ordinance if
18 the driver has been previously convicted of a violation
19 of that Section or a similar provision of a local
20 ordinance and the driver was less than 21 years of age at
21 the time of the offense;.
22 14. Unlawful use of weapons for carrying or
23 possessing a firearm in a vehicle on a public way within
24 250 feet of the real property comprising a school, a
25 violation of paragraph (1.5) of subsection (c) of Section
26 24-1 of the Criminal Code of 1961.
27 (b) The Secretary of State shall also immediately revoke
28 the license or permit of any driver in the following
29 situations:
30 1. Of any minor upon receiving the notice provided
31 for in Section 1-8 of the Juvenile Court Act of 1987 that
32 the minor has been adjudicated under that Act as having
33 committed an offense relating to motor vehicles
34 prescribed in Section 4-103 of this Code;
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1 2. Of any person when any other law of this State
2 requires either the revocation or suspension of a license
3 or permit.
4 (c) Whenever a person is convicted of any of the
5 offenses enumerated in this Section, the court may recommend
6 and the Secretary of State in his discretion, without regard
7 to whether the recommendation is made by the court, may, upon
8 application, issue to the person a restricted driving permit
9 granting the privilege of driving a motor vehicle between the
10 petitioner's residence and petitioner's place of employment
11 or within the scope of the petitioner's employment related
12 duties, or to allow transportation for the petitioner or a
13 household member of the petitioner's family for the receipt
14 of necessary medical care or, if the professional evaluation
15 indicates, provide transportation for the petitioner for
16 alcohol remedial or rehabilitative activity, or for the
17 petitioner to attend classes, as a student, in an accredited
18 educational institution; if the petitioner is able to
19 demonstrate that no alternative means of transportation is
20 reasonably available and the petitioner will not endanger the
21 public safety or welfare; provided that the Secretary's
22 discretion shall be limited to cases where undue hardship
23 would result from a failure to issue the restricted driving
24 permit. In each case the Secretary of State may issue a
25 restricted driving permit for a period he deems appropriate,
26 except that the permit shall expire within one year from the
27 date of issuance. A restricted driving permit issued under
28 this Section shall be subject to cancellation, revocation,
29 and suspension by the Secretary of State in like manner and
30 for like cause as a driver's license issued under this Code
31 may be cancelled, revoked, or suspended; except that a
32 conviction upon one or more offenses against laws or
33 ordinances regulating the movement of traffic shall be deemed
34 sufficient cause for the revocation, suspension, or
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1 cancellation of a restricted driving permit. The Secretary of
2 State may, as a condition to the issuance of a restricted
3 driving permit, require the applicant to participate in a
4 designated driver remedial or rehabilitative program. The
5 Secretary of State is authorized to cancel a restricted
6 driving permit if the permit holder does not successfully
7 complete the program. However, if an individual's driving
8 privileges have been revoked in accordance with paragraph 13
9 of subsection (a) of this Section, no restricted driving
10 permit shall be issued until the individual has served 6
11 months of the revocation period.
12 (d) Whenever a person under the age of 21 is convicted
13 under Section 11-501 of this Code or a similar provision of a
14 local ordinance, the Secretary of State shall revoke the
15 driving privileges of that person. One year after the date
16 of revocation, and upon application, the Secretary of State
17 may, if satisfied that the person applying will not endanger
18 the public safety or welfare, issue a restricted driving
19 permit granting the privilege of driving a motor vehicle only
20 between the hours of 5 a.m. and 9 p.m. or as otherwise
21 provided by this Section for a period of one year. After
22 this one year period, and upon reapplication for a license as
23 provided in Section 6-106, upon payment of the appropriate
24 reinstatement fee provided under paragraph (b) of Section
25 6-118, the Secretary of State, in his discretion, may issue
26 the applicant a license, or extend the restricted driving
27 permit as many times as the Secretary of State deems
28 appropriate, by additional periods of not more than 12 months
29 each, until the applicant attains 21 years of age. A
30 restricted driving permit issued under this Section shall be
31 subject to cancellation, revocation, and suspension by the
32 Secretary of State in like manner and for like cause as a
33 driver's license issued under this Code may be cancelled,
34 revoked, or suspended; except that a conviction upon one or
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1 more offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for the
3 revocation, suspension, or cancellation of a restricted
4 driving permit. Any person under 21 years of age who has a
5 driver's license revoked for a second or subsequent
6 conviction for driving under the influence, prior to the age
7 of 21, shall not be eligible to submit an application for a
8 full reinstatement of driving privileges or a restricted
9 driving permit until age 21 or one additional year from the
10 date of the latest such revocation, whichever is the longer.
11 The revocation periods contained in this subparagraph shall
12 apply to similar out-of-state convictions.
13 (e) This Section is subject to the provisions of the
14 Driver License Compact.
15 (f) Any revocation imposed upon any person under
16 subsections 2 and 3 of paragraph (b) that is in effect on
17 December 31, 1988 shall be converted to a suspension for a
18 like period of time.
19 (Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff.
20 1-1-96; 89-626, eff. 8-9-96.)
21 Section 10. The Criminal Code of 1961 is amended by
22 changing Section 24-1 as follows:
23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
24 Sec. 24-1. Unlawful Use of Weapons.
25 (a) A person commits the offense of unlawful use of
26 weapons when he knowingly:
27 (1) Sells, manufactures, purchases, possesses or
28 carries any bludgeon, black-jack, slung-shot, sand-club,
29 sand-bag, metal knuckles, throwing star, or any knife,
30 commonly referred to as a switchblade knife, which has a
31 blade that opens automatically by hand pressure applied
32 to a button, spring or other device in the handle of the
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1 knife, or a ballistic knife, which is a device that
2 propels a knifelike blade as a projectile by means of a
3 coil spring, elastic material or compressed gas; or
4 (2) Carries or possesses with intent to use the
5 same 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
8 or deadly weapon or instrument of like character; or
9 (3) Carries on or about his person or in any
10 vehicle, a tear gas gun projector or bomb or any object
11 containing noxious liquid gas or substance, other than an
12 object containing a non-lethal noxious liquid gas or
13 substance designed solely for personal defense carried by
14 a person 18 years of age or older; or
15 (4) Carries or possesses in any vehicle or
16 concealed on or about his person except when on his land
17 or in his own abode or fixed place of business any
18 pistol, revolver, stun gun or taser or other firearm; or
19 (5) Sets a spring gun; or
20 (6) Possesses any device or attachment of any kind
21 designed, used or intended for use in silencing the
22 report of any firearm; or
23 (7) Sells, manufactures, purchases, possesses or
24 carries:
25 (i) a machine gun, which shall be defined for
26 the purposes of this subsection as any weapon, which
27 shoots, is designed to shoot, or can be readily
28 restored to shoot, automatically more than one shot
29 without manually reloading by a single function of
30 the trigger, including the frame or receiver of any
31 such weapon, or sells, manufactures, purchases,
32 possesses, or carries any combination of parts
33 designed or intended for use in converting any
34 weapon into a machine gun, or any combination or
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1 parts from which a machine gun can be assembled if
2 such parts are in the possession or under the
3 control of a person;
4 (ii) any rifle having one or more barrels less
5 than 16 inches in length or a shotgun having one or
6 more barrels less than 18 inches in length or any
7 weapon made from a rifle or shotgun, whether by
8 alteration, modification, or otherwise, if such a
9 weapon as modified has an overall length of less
10 than 26 inches; or
11 (iii) any bomb, bomb-shell, grenade, bottle or
12 other container containing an explosive substance of
13 over one-quarter ounce for like purposes, such as,
14 but not limited to, black powder bombs and Molotov
15 cocktails or artillery projectiles; or
16 (8) Carries or possesses any firearm, stun gun or
17 taser or other deadly weapon in any place which is
18 licensed to sell intoxicating beverages, or at any public
19 gathering held pursuant to a license issued by any
20 governmental body or any public gathering at which an
21 admission is charged, excluding a place where a showing,
22 demonstration or lecture involving the exhibition of
23 unloaded firearms is conducted; or
24 (9) Carries or possesses in a vehicle or on or
25 about his person any pistol, revolver, stun gun or taser
26 or firearm or ballistic knife, when he is hooded, robed
27 or masked in such manner as to conceal his identity; or
28 (10) Carries or possesses on or about his person,
29 upon any public street, alley, or other public lands
30 within the corporate limits of a city, village or
31 incorporated town, except when an invitee thereon or
32 therein, for the purpose of the display of such weapon or
33 the lawful commerce in weapons, or except when on his
34 land or in his own abode or fixed place of business, any
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1 pistol, revolver, stun gun or taser or other firearm.
2 A "stun gun or taser", as used in this paragraph (a)
3 means (i) any device which is powered by electrical
4 charging units, such as, batteries, and which fires one
5 or several barbs attached to a length of wire and which,
6 upon hitting a human, can send out a current capable of
7 disrupting the person's nervous system in such a manner
8 as to render him incapable of normal functioning or (ii)
9 any device which is powered by electrical charging units,
10 such as batteries, and which, upon contact with a human
11 or clothing worn by a human, can send out current capable
12 of disrupting the person's nervous system in such a
13 manner as to render him incapable of normal functioning;
14 or
15 (11) Sells, manufactures or purchases any explosive
16 bullet. For purposes of this paragraph (a) "explosive
17 bullet" means the projectile portion of an ammunition
18 cartridge which contains or carries an explosive charge
19 which will explode upon contact with the flesh of a human
20 or an animal. "Cartridge" means a tubular metal case
21 having a projectile affixed at the front thereof and a
22 cap or primer at the rear end thereof, with the
23 propellant contained in such tube between the projectile
24 and the cap; or
25 (12) (Blank).
26 (b) Sentence. A person convicted of a violation of
27 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
28 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
29 Class A misdemeanor. A person convicted of a violation of
30 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
31 Class 4 felony; a person convicted of a violation of
32 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
33 Class 3 felony. A person convicted of a violation of
34 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
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1 weapon is possessed in the passenger compartment of a motor
2 vehicle as defined in Section 1-146 of the Illinois Vehicle
3 Code, or on the person, while the weapon is loaded, in which
4 case it shall be a Class X felony. A person convicted of a
5 second or subsequent violation of subsection 24-1(a)(4),
6 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
7 (c) Violations in specific places.
8 (1) A person who violates subsection 24-1(a)(6) or
9 24-1(a)(7) in any school, regardless of the time of day
10 or the time of year, in residential property owned,
11 operated and managed by a public housing agency, in a
12 public park, in a courthouse, on the real property
13 comprising any school, regardless of the time of day or
14 the time of year, on residential property owned,
15 operated and managed by a public housing agency, on the
16 real property comprising any public park, on the real
17 property comprising any courthouse, in any conveyance
18 owned, leased or contracted by a school to transport
19 students to or from school or a school related activity,
20 or on any public way within 1,000 feet of the real
21 property comprising any school, public park, courthouse,
22 or residential property owned, operated, and managed by a
23 public housing agency commits a Class 2 felony.
24 (1.5) A person who violates subsection 24-1(a)(4),
25 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
26 the time of day or the time of year, in residential
27 property owned, operated, and managed by a public housing
28 agency, in a public park, in a courthouse, on the real
29 property comprising any school, regardless of the time of
30 day or the time of year, on residential property owned,
31 operated, and managed by a public housing agency, on the
32 real property comprising any public park, on the real
33 property comprising any courthouse, in any conveyance
34 owned, leased, or contracted by a school to transport
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1 students to or from school or a school related activity,
2 or on any public way within 1,000 feet of the real
3 property comprising any school, public park, courthouse,
4 or residential property owned, operated, and managed by a
5 public housing agency commits a Class 3 felony. If the
6 violation was for carrying or possessing a firearm in a
7 vehicle under subsection 24-1(a)(4) or subsection
8 24-1(a)(9) and the violation occurred on a public way
9 within 250 feet of the real property comprising a school,
10 the court shall make a finding that the violation was for
11 carrying or possessing a firearm in a vehicle on a public
12 way within 250 feet of the real property comprising a
13 school.
14 (2) A person who violates subsection 24-1(a)(1) or
15 24-1(a)(3) in any school, regardless of the time of day
16 or the time of year, in residential property owned,
17 operated and managed by a public housing agency, in a
18 public park, in a courthouse, on the real property
19 comprising any school, regardless of the time of day or
20 the time of year, on residential property owned, operated
21 and managed by a public housing agency, on the real
22 property comprising any public park, on the real property
23 comprising any courthouse, in any conveyance owned,
24 leased or contracted by a school to transport students to
25 or from school or a school related activity, or on any
26 public way within 1,000 feet of the real property
27 comprising any school, public park, courthouse, or
28 residential property owned, operated, and managed by a
29 public housing agency commits a Class 4 felony.
30 "Courthouse" means any building that is used by the
31 Circuit, Appellate, or Supreme Court of this State for
32 the conduct of official business.
33 (3) Paragraphs (1), (1.5), and (2) of this
34 subsection (c) shall not apply to law enforcement
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1 officers or security officers of such school, college, or
2 university or to students carrying or possessing firearms
3 for use in training courses, parades, hunting, target
4 shooting on school ranges, or otherwise with the consent
5 of school authorities and which firearms are transported
6 unloaded enclosed in a suitable case, box, or
7 transportation package.
8 (4) For the purposes of this subsection (c),
9 "school" means any public or private elementary or
10 secondary school, community college, college, or
11 university.
12 (d) The presence in an automobile other than a public
13 omnibus of any weapon, instrument or substance referred to in
14 subsection (a)(7) is prima facie evidence that it is in the
15 possession of, and is being carried by, all persons occupying
16 such automobile at the time such weapon, instrument or
17 substance is found, except under the following circumstances:
18 (i) if such weapon, instrument or instrumentality is found
19 upon the person of one of the occupants therein; or (ii) if
20 such weapon, instrument or substance is found in an
21 automobile operated for hire by a duly licensed driver in the
22 due, lawful and proper pursuit of his trade, then such
23 presumption shall not apply to the driver.
24 (e) Exemptions. Crossbows, Common or Compound bows and
25 Underwater Spearguns are exempted from the definition of
26 ballistic knife as defined in paragraph (1) of subsection (a)
27 of this Section.
28 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
29 12-2-94; 88-680, eff. 1-1-95.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.