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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1195enr HB1195 Enrolled LRB9103698RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 24-1.2 and 24-3. 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 Sections 24-1.2 and 24-3 as follows: 7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2) 8 Sec. 24-1.2. Aggravated discharge of a firearm. 9 (a) A person commits aggravated discharge of a firearm 10 when he or she knowingly or intentionally: 11 (1) Discharges a firearm at or into a building he 12 or she knows or reasonably should know to be occupied and 13 the firearm is discharged from a place or position 14 outside that building; 15 (2) Discharges a firearm in the direction of 16 another person or in the direction of a vehicle he or she 17 knows or reasonably should know to be occupied by a 18 person; 19 (3) Discharges a firearm in the direction of a 20 person he or she knows to be a peace officer, a community 21 policing volunteer, a correctional institution employee, 22 or a fireman while the officer, volunteer, employee or 23 fireman is engaged in the execution of any of his or her 24 official duties, or to prevent the officer, volunteer, 25 employee or fireman from performing his or her official 26 duties, or in retaliation for the officer, volunteer, 27 employee or fireman performing his or her official 28 duties; 29 (4) Discharges a firearm in the direction of a 30 vehicle he or she knows to be occupied by a peace 31 officer, a person summoned or directed by a peace HB1195 Enrolled -2- LRB9103698RCks 1 officer, a correctional institution employee or a fireman 2 while the officer, employee or fireman is engaged in the 3 execution of any of his or her official duties, or to 4 prevent the officer, employee or fireman from performing 5 his or her official duties, or in retaliation for the 6 officer, employee or fireman performing his or her 7 official duties; 8 (5) Discharges a firearm in the direction of a 9 person he or she knows to be an emergency medical 10 technician - ambulance, emergency medical technician - 11 intermediate, emergency medical technician - paramedic, 12 ambulance driver, or other medical assistance or first 13 aid personnel, employed by a municipality or other 14 governmental unit, while the emergency medical technician 15 - ambulance, emergency medical technician - intermediate, 16 emergency medical technician - paramedic, ambulance 17 driver, or other medical assistance or first aid 18 personnel is engaged in the execution of any of his or 19 her official duties, or to prevent the emergency medical 20 technician - ambulance, emergency medical technician - 21 intermediate, emergency medical technician - paramedic, 22 ambulance driver, or other medical assistance or first 23 aid personnel from performing his or her official duties, 24 or in retaliation for the emergency medical technician - 25 ambulance, emergency medical technician - intermediate, 26 emergency medical technician - paramedic, ambulance 27 driver, or other medical assistance or first aid 28 personnel performing his or her official duties; or 29 (6) Discharges a firearm in the direction of a 30 vehicle he or she knows to be occupied by an emergency 31 medical technician - ambulance, emergency medical 32 technician - intermediate, emergency medical technician - 33 paramedic,,ambulance driver, or other medical assistance 34 or first aid personnel, employed by a municipality or HB1195 Enrolled -3- LRB9103698RCks 1 other governmental unit, while the emergency medical 2 technician - ambulance, emergency medical technician - 3 intermediate, emergency medical technician - paramedic, 4 ambulance driver, or other medical assistance or first 5 aid personnel is engaged in the execution of any of his 6 or her official duties, or to prevent the emergency 7 medical technician - ambulance, emergency medical 8 technician - intermediate, emergency medical technician - 9 paramedic, ambulance driver, or other medical assistance 10 or first aid personnel from performing his or her 11 official duties, or in retaliation for the emergency 12 medical technician - ambulance, emergency medical 13 technician - intermediate, emergency medical technician - 14 paramedic, ambulance driver, or other medical assistance 15 or first aid personnel performing his or her official 16 duties. 17 (b) A violation of subsection (a)(1) or subsection 18 (a)(2) of this Section is a Class 1 felony. A violation of 19 subsection (a)(1) or (a)(2) of this Section committed in a 20 school, on the real property comprising a school, within 21 1,000 feet of the real property comprising a school, at a 22 school related activity or on or within 1,000 feet of any 23 conveyance owned, leased, or contracted by a school to 24 transport students to or from school or a school related 25 activity, regardless of the time of day or time of year that 26 the offense was committed is a Class X felony. A violation of 27 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section 28 is a Class X felony for which the sentence shall be a term of 29 imprisonment of no less than 10 years and not more than 45 30 years. 31 (c) For purposes of this Section: 32 "School" means a public or private elementary or 33 secondary school, community college, college, or university. 34 "School related activity" means any sporting, social, HB1195 Enrolled -4- LRB9103698RCks 1 academic, or other activity for which students' attendance or 2 participation is sponsored, organized, or funded in whole or 3 in part by a school or school district. 4 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.) 5 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) 6 Sec. 24-3. Unlawful Sale of Firearms. A person commits 7 the offense of unlawful sale of firearms when he knowingly: 8 (a) Sells or gives any firearm of a size which may be 9 concealed upon the person to any person under 18 years of 10 age; or 11 (b) Sells or gives any firearm to a person under 21 12 years of age who has been convicted of a misdemeanor other 13 than a traffic offense or adjudged delinquent; or 14 (c) Sells or gives any firearm to any narcotic addict; 15 or 16 (d) Sells or gives any firearm to any person who has 17 been convicted of a felony under the laws of this or any 18 other jurisdiction; or 19 (e) Sells or gives any firearm to any person who has 20 been a patient in a mental hospital within the past 5 years; 21 or 22 (f) Sells or gives any firearms to any person who is 23 mentally retarded; or 24 (g) Delivers any firearm of a size which may be 25 concealed upon the person, incidental to a sale, without 26 withholding delivery of such firearm for at least 72 hours 27 after application for its purchase has been made, or delivers 28 any rifle, shotgun or other long gun, incidental to a sale, 29 without withholding delivery of such rifle, shotgun or other 30 long gun for at least 24 hours after application for its 31 purchase has been made. However, this paragraph shall not 32 apply to: (1) the sale of a firearm to a law enforcement 33 officer or a person who desires to purchase a firearm for use HB1195 Enrolled -5- LRB9103698RCks 1 in promoting the public interest incident to his employment 2 as a bank guard, armed truck guard, or other similar 3 employment; or (2) a mail order sale of a firearm to a 4 nonresident of Illinois under which the firearm is mailed to 5 a point outside the boundaries of Illinois; or (3) the sale 6 of a firearm to a nonresident of Illinois while at a firearm 7 showing or display recognized by the Illinois Department of 8 State Police; or (4) the sale of a firearm to a dealer 9 licensed under the Federal Firearms Act of the United States; 10 or 11 (h) While holding any license under the Federal "Gun 12 Control Act of 1968", as amended, as a dealer, importer, 13 manufacturer or pawnbroker; manufactures, sells or delivers 14 to any unlicensed person a handgun having a barrel, slide, 15 frame or receiver which is a die casting of zinc alloy or any 16 other nonhomogeneous metal which will melt or deform at a 17 temperature of less than 800 degrees Fahrenheit. For purposes 18 of this paragraph, (1) "firearm" is defined as in "An Act 19 relating to the acquisition, possession and transfer of 20 firearms and firearm ammunition, to provide a penalty for the 21 violation thereof and to make an appropriation in connection 22 therewith", approved August 3, 1967, as amended; (2) 23 "handgun" is defined as a firearm designed to be held and 24 fired by the use of a single hand, and includes a combination 25 of parts from which a firearm can be assembled; or 26 (i) Sells or gives a firearm of any size to any person 27 under 18 years of age who does not possess a valid Firearm 28 Owner's Identification Card. 29 (j) Paragraph (h) of this Section shall not include 30 firearms sold within 6 months after enactment of this 31 amendatory Act of 1973, nor shall any firearm legally owned 32 or possessed by any citizen or purchased by any citizen 33 within 6 months after the enactment of this amendatory Act of 34 1973 be subject to confiscation or seizure under the HB1195 Enrolled -6- LRB9103698RCks 1 provisions of this amendatory Act of 1973. Nothing in this 2 amendatory Act of 1973 shall be construed to prohibit the 3 gift or trade of any firearm if that firearm was legally held 4 or acquired within 6 months after the enactment of this 5 amendatory Act of 1973. 6 (k) Sentence. 7 (1) Any person convicted of unlawful sale of 8 firearms in violation of paragraphs (c)(b)through (h) 9 commits a Class 4 felony. 10 (2) Any person convicted of unlawful sale of 11 firearms in violation of paragraph (b) or (i) commits a 12 Class 3 felony. 13 (3) Any person convicted of unlawful sale of 14 firearms in violation of paragraph (a)or (i)commits a 15 Class 23felony. 16 (4) Any person convicted of unlawful sale of 17 firearms in violation of paragraph (a), (b), or (i) in 18 any school, on the real property comprising a school, 19 within 1,000 feet of the real property comprising a 20 school, at a school related activity, or on or within 21 1,000 feet of any conveyance owned, leased, or contracted 22 by a school or school district to transport students to 23 or from school or a school related activity regardless of 24 the time of day or time of year that the offense was 25 committed commits a Class 1 felony. Any person convicted 26 of a second or subsequent violation of unlawful sale of 27 firearms in violation of paragraph (a), (b), or (i) in 28 any school, on the real property comprising a school, 29 within 1,000 feet of the real property comprising a 30 school, at a school related activity, or on or within 31 1,000 feet of any conveyance owned, leased, or contracted 32 by a school or school district to transport students to 33 or from school or a school related activity regardless of 34 the time of day or time of year that the offense was HB1195 Enrolled -7- LRB9103698RCks 1 committed commits a Class 1 felony for which the sentence 2 shall be a term of imprisonment of no less than 5 years 3 and no more than 15 years. 4 (5) Any person convicted of unlawful sale of 5 firearms in violation of paragraph (a) or (i)in any6school, regardless of the time of day or the time of7year,in residential property owned, operated, orand8 managed by a public housing agency, in a public park, in 9 a courthouse,on the real property comprising any school,10regardless of the time of day or the time of year,on 11 residential property owned, operated, orandmanaged by a 12 public housing agency, on the real property comprising 13 any public park, on the real property comprising any 14 courthouse,in any conveyance owned, leased, or15contracted by a school to transport students to or from16school or a school related activity,or on any public way 17 within 1,000 feet of the real property comprising any 18school,public park, courthouse, or residential property 19 owned, operated, orandmanaged by a public housing 20 agency commits a Class 2 felony. 21 (6) For purposes of this Section: 22 "School" means a public or private elementary 23 or secondary school, community college, college, or 24 university. 25 "School related activity" means any sporting, 26 social, academic, or other activity for which 27 students' attendance or participation is sponsored, 28 organized, or funded in whole or in part by a school 29 or school district. 30 (Source: P.A. 88-680, eff. 1-1-95.)