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90_SB1427eng
720 ILCS 5/24-1 from Ch. 38, par. 24-1
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
Amends the Criminal Code of 1961. Increases from a Class
A misdemeanor to a Class 4 felony, the possession with the
intent to use unlawfully against another person of a dagger,
dirk, billy, dangerous knife, razor, stiletto, broken bottle
or other piece of glass, stun gun or taser, razor, or other
dangerous or deadly weapon or instrument of like character in
a school, public housing property, public park, courthouse,
or a public way within 1,000 feet any of these properties.
Amends the Unified Code of Corrections. Permits the court to
impose an extended term sentence upon an offender convicted
of unlawful use of weapons for possessing a weapon that is
not readily distinguishable as one of the weapons enumerated
in the unlawful use of weapons statute.
LRB9011199RCpkA
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1 AN ACT in relation to the unlawful use of weapons,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-1 as follows:
7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8 Sec. 24-1. Unlawful Use of Weapons.
9 (a) A person commits the offense of unlawful use of
10 weapons when he knowingly:
11 (1) Sells, manufactures, purchases, possesses or
12 carries any bludgeon, black-jack, slung-shot, sand-club,
13 sand-bag, metal knuckles, 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
16 to a button, spring or other device in the handle of the
17 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
21 same 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
24 or deadly weapon or instrument of like character; or
25 (3) Carries on or about his person or in any
26 vehicle, a tear gas gun projector or bomb or any object
27 containing noxious liquid gas or substance, other than an
28 object containing a non-lethal noxious liquid gas or
29 substance designed solely for personal defense carried by
30 a person 18 years of age or older; or
31 (4) Carries or possesses in any vehicle or
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1 concealed on or about his person except when on his land
2 or in his own abode or fixed place of business any
3 pistol, revolver, stun gun or taser or other firearm; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the
7 report of any firearm; or
8 (7) Sells, manufactures, purchases, possesses or
9 carries:
10 (i) a machine gun, which shall be defined for
11 the purposes of this subsection as any weapon, which
12 shoots, is designed to shoot, or can be readily
13 restored to shoot, automatically more than one shot
14 without manually reloading by a single function of
15 the trigger, including the frame or receiver of any
16 such weapon, or sells, manufactures, purchases,
17 possesses, or carries any combination of parts
18 designed or intended for use in converting any
19 weapon into a machine gun, or any combination or
20 parts from which a machine gun can be assembled if
21 such parts are in the possession or under the
22 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
27 alteration, modification, or otherwise, if such a
28 weapon as modified has an overall length of less
29 than 26 inches; or
30 (iii) any bomb, bomb-shell, grenade, bottle or
31 other container containing an explosive substance of
32 over one-quarter ounce for like purposes, such as,
33 but not limited to, black powder bombs and Molotov
34 cocktails or artillery projectiles; or
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1 (8) Carries or possesses any firearm, stun gun or
2 taser or other deadly weapon in any place which is
3 licensed to sell intoxicating beverages, or at any public
4 gathering held pursuant to a license issued by any
5 governmental body or any public gathering at which an
6 admission is charged, excluding a place where a showing,
7 demonstration or lecture involving the exhibition of
8 unloaded firearms is conducted; or
9 (9) Carries or possesses in a vehicle or on or
10 about his person any pistol, revolver, stun gun or taser
11 or firearm or ballistic knife, when he is hooded, robed
12 or masked in such manner as to conceal his identity; or
13 (10) Carries or possesses on or about his person,
14 upon any public street, alley, or other public lands
15 within the corporate limits of a city, village or
16 incorporated town, except when an invitee thereon or
17 therein, for the purpose of the display of such weapon or
18 the lawful commerce in weapons, or except when on his
19 land or in his own abode or fixed place of business, any
20 pistol, revolver, stun gun or taser or other firearm.
21 A "stun gun or taser", as used in this paragraph (a)
22 means (i) any device which is powered by electrical
23 charging units, such as, batteries, and which fires one
24 or several barbs attached to a length of wire and which,
25 upon hitting a human, can send out a current capable of
26 disrupting the person's nervous system in such a manner
27 as to render him incapable of normal functioning or (ii)
28 any device which is powered by electrical charging units,
29 such as batteries, and which, upon contact with a human
30 or clothing worn by a human, can send out current capable
31 of disrupting the person's nervous system in such a
32 manner as to render him incapable of normal functioning;
33 or
34 (11) Sells, manufactures or purchases any explosive
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1 bullet. For purposes of this paragraph (a) "explosive
2 bullet" means the projectile portion of an ammunition
3 cartridge which contains or carries an explosive charge
4 which will explode upon contact with the flesh of a human
5 or an animal. "Cartridge" means a tubular metal case
6 having a projectile affixed at the front thereof and a
7 cap or primer at the rear end thereof, with the
8 propellant contained in such tube between the projectile
9 and the cap; or
10 (12) (Blank).
11 (b) Sentence. A person convicted of a violation of
12 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
13 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
14 Class A misdemeanor. A person convicted of a violation of
15 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
16 Class 4 felony; a person convicted of a violation of
17 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
18 Class 3 felony. A person convicted of a violation of
19 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
20 weapon is possessed in the passenger compartment of a motor
21 vehicle as defined in Section 1-146 of the Illinois Vehicle
22 Code, or on the person, while the weapon is loaded, in which
23 case it shall be a Class X felony. A person convicted of a
24 second or subsequent violation of subsection 24-1(a)(4),
25 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
26 (c) Violations in specific places.
27 (1) A person who violates subsection 24-1(a)(6) or
28 24-1(a)(7) in any school, regardless of the time of day
29 or the time of year, in residential property owned,
30 operated and managed by a public housing agency, in a
31 public park, in a courthouse, on the real property
32 comprising any school, regardless of the time of day or
33 the time of year, on residential property owned,
34 operated and managed by a public housing agency, on the
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1 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,
5 or on any public way within 1,000 feet of the real
6 property comprising any school, public park, courthouse,
7 or residential property owned, operated, and managed by a
8 public housing agency commits a Class 2 felony.
9 (1.5) A person who violates subsection 24-1(a)(4),
10 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
11 the time of day or the time of year, in residential
12 property owned, operated, and managed by a public housing
13 agency, in a public park, in a courthouse, on the real
14 property comprising any school, regardless of the time of
15 day or the time of year, on residential property owned,
16 operated, and managed by a public housing agency, on the
17 real property comprising any public park, on the real
18 property comprising any courthouse, in any conveyance
19 owned, leased, or contracted by a school to transport
20 students to or from school or a school related activity,
21 or on any public way within 1,000 feet of the real
22 property comprising any school, public park, courthouse,
23 or residential property owned, operated, and managed by a
24 public housing agency commits a Class 3 felony.
25 (2) A person who violates subsection 24-1(a)(1),
26 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
27 the time of day or the time of year, in residential
28 property owned, operated and managed by a public housing
29 agency, in a public park, in a courthouse, on the real
30 property comprising any school, regardless of the time of
31 day or the time of year, on residential property owned,
32 operated and managed by a public housing agency, on the
33 real property comprising any public park, on the real
34 property comprising any courthouse, in any conveyance
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1 owned, leased or contracted by a school to transport
2 students to or from school or a school related activity,
3 or on any public way within 1,000 feet of the real
4 property comprising any school, public park, courthouse,
5 or residential property owned, operated, and managed by a
6 public housing agency commits a Class 4 felony.
7 "Courthouse" means any building that is used by the
8 Circuit, Appellate, or Supreme Court of this State for
9 the conduct of official business.
10 (3) Paragraphs (1), (1.5), and (2) of this
11 subsection (c) shall not apply to law enforcement
12 officers or security officers of such school, college, or
13 university or to students carrying or possessing firearms
14 for use in training courses, parades, hunting, target
15 shooting on school ranges, or otherwise with the consent
16 of school authorities and which firearms are transported
17 unloaded enclosed in a suitable case, box, or
18 transportation package.
19 (4) For the purposes of this subsection (c),
20 "school" means any public or private elementary or
21 secondary school, community college, college, or
22 university.
23 (d) The presence in an automobile other than a public
24 omnibus of any weapon, instrument or substance referred to in
25 subsection (a)(7) is prima facie evidence that it is in the
26 possession of, and is being carried by, all persons occupying
27 such automobile at the time such weapon, instrument or
28 substance is found, except under the following circumstances:
29 (i) if such weapon, instrument or instrumentality is found
30 upon the person of one of the occupants therein; or (ii) if
31 such weapon, instrument or substance is found in an
32 automobile operated for hire by a duly licensed driver in the
33 due, lawful and proper pursuit of his trade, then such
34 presumption shall not apply to the driver.
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1 (e) Exemptions. Crossbows, Common or Compound bows and
2 Underwater Spearguns are exempted from the definition of
3 ballistic knife as defined in paragraph (1) of subsection (a)
4 of this Section.
5 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
6 12-2-94; 88-680, eff. 1-1-95.)
7 Section 10. The Unified Code of Corrections is amended
8 by changing Section 5-5-3.2 as follows:
9 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
10 Sec. 5-5-3.2. Factors in Aggravation.
11 (a) The following factors shall be accorded weight in
12 favor of imposing a term of imprisonment or may be considered
13 by the court as reasons to impose a more severe sentence
14 under Section 5-8-1:
15 (1) the defendant's conduct caused or threatened
16 serious harm;
17 (2) the defendant received compensation for
18 committing the offense;
19 (3) the defendant has a history of prior
20 delinquency or criminal activity;
21 (4) the defendant, by the duties of his office or
22 by his position, was obliged to prevent the particular
23 offense committed or to bring the offenders committing it
24 to justice;
25 (5) the defendant held public office at the time of
26 the offense, and the offense related to the conduct of
27 that office;
28 (6) the defendant utilized his professional
29 reputation or position in the community to commit the
30 offense, or to afford him an easier means of committing
31 it;
32 (7) the sentence is necessary to deter others from
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1 committing the same crime;
2 (8) the defendant committed the offense against a
3 person 60 years of age or older or such person's
4 property;
5 (9) the defendant committed the offense against a
6 person who is physically handicapped or such person's
7 property;
8 (10) by reason of another individual's actual or
9 perceived race, color, creed, religion, ancestry, gender,
10 sexual orientation, physical or mental disability, or
11 national origin, the defendant committed the offense
12 against (i) the person or property of that individual;
13 (ii) the person or property of a person who has an
14 association with, is married to, or has a friendship with
15 the other individual; or (iii) the person or property of
16 a relative (by blood or marriage) of a person described
17 in clause (i) or (ii). For the purposes of this Section,
18 "sexual orientation" means heterosexuality,
19 homosexuality, or bisexuality;
20 (11) the offense took place in a place of worship
21 or on the grounds of a place of worship, immediately
22 prior to, during or immediately following worship
23 services. For purposes of this subparagraph, "place of
24 worship" shall mean any church, synagogue or other
25 building, structure or place used primarily for religious
26 worship;
27 (12) the defendant was convicted of a felony
28 committed while he was released on bail or his own
29 recognizance pending trial for a prior felony and was
30 convicted of such prior felony, or the defendant was
31 convicted of a felony committed while he was serving a
32 period of probation, conditional discharge, or mandatory
33 supervised release under subsection (d) of Section 5-8-1
34 for a prior felony;
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1 (13) the defendant committed or attempted to commit
2 a felony while he was wearing a bulletproof vest. For
3 the purposes of this paragraph (13), a bulletproof vest
4 is any device which is designed for the purpose of
5 protecting the wearer from bullets, shot or other lethal
6 projectiles;
7 (14) the defendant held a position of trust or
8 supervision such as, but not limited to, family member as
9 defined in Section 12-12 of the Criminal Code of 1961,
10 teacher, scout leader, baby sitter, or day care worker,
11 in relation to a victim under 18 years of age, and the
12 defendant committed an offense in violation of Section
13 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
14 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
15 1961 against that victim;
16 (15) the defendant committed an offense related to
17 the activities of an organized gang. For the purposes of
18 this factor, "organized gang" has the meaning ascribed to
19 it in Section 10 of the Streetgang Terrorism Omnibus
20 Prevention Act;
21 (16) the defendant committed an offense in
22 violation of one of the following Sections while in a
23 school, regardless of the time of day or time of year; on
24 any conveyance owned, leased, or contracted by a school
25 to transport students to or from school or a school
26 related activity; on the real property of a school; or on
27 a public way within 1,000 feet of the real property
28 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
29 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
30 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
31 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
32 1961.
33 For the purposes of this Section, "school" is defined as
34 a public or private elementary or secondary school, community
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1 college, college, or university.
2 (b) The following factors may be considered by the court
3 as reasons to impose an extended term sentence under Section
4 5-8-2 upon any offender:
5 (1) When a defendant is convicted of any felony,
6 after having been previously convicted in Illinois or any
7 other jurisdiction of the same or similar class felony or
8 greater class felony, when such conviction has occurred
9 within 10 years after the previous conviction, excluding
10 time spent in custody, and such charges are separately
11 brought and tried and arise out of different series of
12 acts; or
13 (2) When a defendant is convicted of any felony and
14 the court finds that the offense was accompanied by
15 exceptionally brutal or heinous behavior indicative of
16 wanton cruelty; or
17 (3) When a defendant is convicted of voluntary
18 manslaughter, second degree murder, involuntary
19 manslaughter or reckless homicide in which the defendant
20 has been convicted of causing the death of more than one
21 individual; or
22 (4) When a defendant is convicted of any felony
23 committed against:
24 (i) a person under 12 years of age at the time
25 of the offense or such person's property;
26 (ii) a person 60 years of age or older at the
27 time of the offense or such person's property; or
28 (iii) a person physically handicapped at the
29 time of the offense or such person's property; or
30 (5) In the case of a defendant convicted of
31 aggravated criminal sexual assault or criminal sexual
32 assault, when the court finds that aggravated criminal
33 sexual assault or criminal sexual assault was also
34 committed on the same victim by one or more other
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1 individuals, and the defendant voluntarily participated
2 in the crime with the knowledge of the participation of
3 the others in the crime, and the commission of the crime
4 was part of a single course of conduct during which there
5 was no substantial change in the nature of the criminal
6 objective; or
7 (6) When a defendant is convicted of any felony and
8 the offense involved any of the following types of
9 specific misconduct committed as part of a ceremony,
10 rite, initiation, observance, performance, practice or
11 activity of any actual or ostensible religious,
12 fraternal, or social group:
13 (i) the brutalizing or torturing of humans or
14 animals;
15 (ii) the theft of human corpses;
16 (iii) the kidnapping of humans;
17 (iv) the desecration of any cemetery,
18 religious, fraternal, business, governmental,
19 educational, or other building or property; or
20 (v) ritualized abuse of a child; or
21 (7) When a defendant is convicted of first degree
22 murder, after having been previously convicted in
23 Illinois of any offense listed under paragraph (c)(2) of
24 Section 5-5-3, when such conviction has occurred within
25 10 years after the previous conviction, excluding time
26 spent in custody, and such charges are separately brought
27 and tried and arise out of different series of acts; or
28 (8) When a defendant is convicted of a felony other
29 than conspiracy and the court finds that the felony was
30 committed under an agreement with 2 or more other persons
31 to commit that offense and the defendant, with respect to
32 the other individuals, occupied a position of organizer,
33 supervisor, financier, or any other position of
34 management or leadership, and the court further finds
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1 that the felony committed was related to or in
2 furtherance of the criminal activities of an organized
3 gang or was motivated by the defendant's leadership in an
4 organized gang; or
5 (9) When a defendant is convicted of a felony
6 violation of Section 24-1 of the Criminal Code of 1961
7 and the court finds that the defendant is a member of an
8 organized gang.
9 (b-1) For the purposes of this Section, "organized gang"
10 has the meaning ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (c) The court may impose an extended term sentence under
13 Section 5-8-2 upon any offender who was convicted of
14 aggravated criminal sexual assault where the victim was under
15 18 years of age at the time of the commission of the offense.
16 (d) The court may impose an extended term sentence under
17 Section 5-8-2 upon any offender who was convicted of unlawful
18 use of weapons under Section 24-1 of the Criminal Code of
19 1961 for possessing a weapon that is not readily
20 distinguishable as one of the weapons enumerated in Section
21 24-1 of the Criminal Code of 1961.
22 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
23 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
24 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)