| ||||
Public Act 101-0223 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 2012 is amended by changing | ||||
Sections 9-1, 12-2, 12-3.05, and 24-1 as follows: | ||||
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||
Sec. 9-1. First degree murder; death penalties; | ||||
exceptions; separate
hearings; proof; findings; appellate | ||||
procedures; reversals. First degree murder; death penalties; | ||||
exceptions; separate
hearings; proof; findings; appellate | ||||
procedures; reversals.
| ||||
(a) A person who kills an individual without lawful | ||||
justification commits
first degree murder if, in performing the | ||||
acts which cause the death:
| ||||
(1) he or she either intends to kill or do great bodily | ||||
harm to that
individual or another, or knows that such acts | ||||
will cause death to that
individual or another; or
| ||||
(2) he or she knows that such acts create a strong | ||||
probability of death or
great bodily harm to that | ||||
individual or another; or
| ||||
(3) he or she is attempting or committing a forcible | ||||
felony other than
second degree murder.
| ||||
(b) Aggravating Factors. A defendant who at the time of the
|
commission of the offense has attained the age of 18 or more | ||
and who has
been found guilty of first degree murder may be | ||
sentenced to death if:
| ||
(1) the murdered individual was a peace officer or | ||
fireman killed in
the course of performing his official | ||
duties, to prevent the performance
of his or her official | ||
duties, or in retaliation for performing his or her | ||
official
duties, and the defendant knew or
should have | ||
known that the murdered individual was a peace officer or
| ||
fireman; or
| ||
(2) the murdered individual was an employee of an | ||
institution or
facility of the Department of Corrections, | ||
or any similar local
correctional agency, killed in the | ||
course of performing his or her official
duties, to prevent | ||
the performance of his or her official duties, or in
| ||
retaliation for performing his or her official duties, or | ||
the murdered
individual was an inmate at such institution | ||
or facility and was killed on the
grounds thereof, or the | ||
murdered individual was otherwise present in such
| ||
institution or facility with the knowledge and approval of | ||
the chief
administrative officer thereof; or
| ||
(3) the defendant has been convicted of murdering two | ||
or more
individuals under subsection (a) of this Section or | ||
under any law of the
United States or of any state which is | ||
substantially similar to
subsection (a) of this Section | ||
regardless of whether the deaths
occurred as the result of |
the same act or of several related or
unrelated acts so | ||
long as the deaths were the result of either an intent
to | ||
kill more than one person or of separate acts which
the | ||
defendant knew would cause death or create a strong | ||
probability of
death or great bodily harm to the murdered | ||
individual or another; or
| ||
(4) the murdered individual was killed as a result of | ||
the
hijacking of an airplane, train, ship, bus , or other | ||
public conveyance; or
| ||
(5) the defendant committed the murder pursuant to a | ||
contract,
agreement , or understanding by which he or she | ||
was to receive money or anything
of value in return for | ||
committing the murder or procured another to
commit the | ||
murder for money or anything of value; or
| ||
(6) the murdered individual was killed in the course of | ||
another felony if:
| ||
(a) the murdered individual:
| ||
(i) was actually killed by the defendant, or
| ||
(ii) received physical injuries personally | ||
inflicted by the defendant
substantially | ||
contemporaneously with physical injuries caused by | ||
one or
more persons for whose conduct the defendant | ||
is legally accountable under
Section 5-2 of this | ||
Code, and the physical injuries inflicted by | ||
either
the defendant or the other person or persons | ||
for whose conduct he is legally
accountable caused |
the death of the murdered individual; and
| ||
(b) in performing the acts which caused the death | ||
of the murdered
individual or which resulted in | ||
physical injuries personally inflicted by
the | ||
defendant on the murdered individual under the | ||
circumstances of
subdivision (ii) of subparagraph (a) | ||
of paragraph (6) of subsection (b) of
this Section, the | ||
defendant acted with the intent to kill the murdered
| ||
individual or with the knowledge that his acts created | ||
a strong probability
of death or great bodily harm to | ||
the murdered individual or another; and
| ||
(c) the other felony was an inherently violent | ||
crime
or the attempt to commit an inherently
violent | ||
crime.
In this subparagraph (c), "inherently violent | ||
crime" includes, but is not
limited to, armed robbery, | ||
robbery, predatory criminal sexual assault of a
child,
| ||
aggravated criminal sexual assault, aggravated | ||
kidnapping, aggravated vehicular
hijacking,
aggravated | ||
arson, aggravated stalking, residential burglary, and | ||
home
invasion; or
| ||
(7) the murdered individual was under 12 years of age | ||
and the
death resulted from exceptionally brutal or heinous | ||
behavior indicative of
wanton cruelty; or
| ||
(8) the defendant committed the murder with intent to
| ||
prevent the murdered individual from testifying or | ||
participating in any
criminal investigation or prosecution
|
or giving material assistance to the State in any | ||
investigation or
prosecution, either against the defendant | ||
or another; or the defendant
committed the murder because | ||
the murdered individual was a witness in any
prosecution or | ||
gave material assistance to the State in any investigation
| ||
or prosecution, either against the defendant or another;
| ||
for purposes of this paragraph (8), "participating in any | ||
criminal
investigation
or prosecution" is intended to | ||
include those appearing in the proceedings in
any capacity | ||
such as trial judges, prosecutors, defense attorneys,
| ||
investigators, witnesses, or jurors; or
| ||
(9) the defendant, while committing an offense | ||
punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||
407 or 407.1 or subsection (b) of
Section
404 of the | ||
Illinois Controlled Substances Act, or while engaged in a
| ||
conspiracy or solicitation to commit such offense, | ||
intentionally killed an
individual or counseled, | ||
commanded, induced, procured or caused the
intentional | ||
killing of the murdered individual; or
| ||
(10) the defendant was incarcerated in an institution | ||
or facility of
the Department of Corrections at the time of | ||
the murder, and while
committing an offense punishable as a | ||
felony under Illinois law, or while
engaged in a conspiracy | ||
or solicitation to commit such offense,
intentionally | ||
killed an individual or counseled, commanded, induced,
| ||
procured or caused the intentional killing of the murdered |
individual; or
| ||
(11) the murder was committed in a cold, calculated and | ||
premeditated
manner pursuant to a preconceived plan, | ||
scheme or design to take a human
life by unlawful means, | ||
and the conduct of the defendant created a
reasonable | ||
expectation that the death of a human being would result
| ||
therefrom; or
| ||
(12) the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel, employed by a municipality
or other | ||
governmental unit, killed in the course of performing his | ||
official
duties, to prevent the performance of his official | ||
duties, or in retaliation
for performing his official | ||
duties, and the defendant knew or should have
known that | ||
the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel; or
| ||
(13) the defendant was a principal administrator, | ||
organizer, or leader
of a calculated criminal drug | ||
conspiracy consisting of a hierarchical position
of | ||
authority superior to that of all other members of the | ||
conspiracy, and the
defendant counseled, commanded, |
induced, procured, or caused the intentional
killing of the | ||
murdered person;
or
| ||
(14) the murder was intentional and involved the | ||
infliction of torture.
For
the purpose of this Section | ||
torture means the infliction of or subjection to
extreme | ||
physical pain, motivated by an intent to increase or | ||
prolong the pain,
suffering or agony of the victim; or
| ||
(15) the murder was committed as a result of the | ||
intentional discharge
of a firearm by the defendant from a | ||
motor vehicle and the victim was not
present within the | ||
motor vehicle; or
| ||
(16) the murdered individual was 60 years of age or | ||
older and the death
resulted
from exceptionally brutal or | ||
heinous behavior indicative of wanton cruelty; or
| ||
(17) the murdered individual was a person with a | ||
disability and the defendant knew
or
should have known that | ||
the murdered individual was a person with a disability. For | ||
purposes of
this paragraph (17), "person with a disability" | ||
means a person who suffers from a
permanent physical or | ||
mental impairment resulting from disease, an injury,
a | ||
functional disorder, or a congenital condition that | ||
renders the person
incapable of
adequately providing for | ||
his or her own health or personal care; or
| ||
(18) the murder was committed by reason of any person's | ||
activity as a
community policing volunteer or to prevent | ||
any person from engaging in activity
as a community |
policing volunteer; or
| ||
(19) the murdered individual was subject to an order of | ||
protection and the
murder was committed by a person against | ||
whom the same order of protection was
issued under the | ||
Illinois Domestic Violence Act of 1986; or
| ||
(20) the murdered individual was known by the defendant | ||
to be a teacher or
other person employed in any school and | ||
the teacher or other employee is upon
the grounds of a | ||
school or grounds adjacent to a school, or is in any part | ||
of a
building used for school purposes; or
| ||
(21) the murder was committed by the defendant in | ||
connection with or as
a
result of the offense of terrorism | ||
as defined in Section 29D-14.9 of this
Code ; or .
| ||
(22) the murdered individual was a member of a | ||
congregation engaged in prayer or other religious | ||
activities at a church, synagogue, mosque, or other | ||
building, structure, or place used for religious worship. | ||
(b-5) Aggravating Factor; Natural Life Imprisonment. A | ||
defendant who has been found guilty of first degree murder and | ||
who at the time of the commission of the offense had attained | ||
the age of 18 years or more may be sentenced to natural life | ||
imprisonment if
(i) the murdered individual was a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
registered nurse, (ii) the defendant knew or should have
known | ||
that the murdered individual was a physician, physician | ||
assistant, psychologist, nurse, or advanced practice |
registered nurse, and (iii) the murdered individual was killed | ||
in the course of acting in his or her capacity as a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
registered nurse, or to prevent him or her from acting in that | ||
capacity, or in retaliation
for his or her acting in that | ||
capacity. | ||
(c) Consideration of factors in Aggravation and | ||
Mitigation.
| ||
The court shall consider, or shall instruct the jury to | ||
consider any
aggravating and any mitigating factors which are | ||
relevant to the
imposition of the death penalty. Aggravating | ||
factors may include but
need not be limited to those factors | ||
set forth in subsection (b).
Mitigating factors may include but | ||
need not be limited to the following:
| ||
(1) the defendant has no significant history of prior | ||
criminal
activity;
| ||
(2) the murder was committed while the defendant was | ||
under
the influence of extreme mental or emotional | ||
disturbance, although not such
as to constitute a defense | ||
to prosecution;
| ||
(3) the murdered individual was a participant in the
| ||
defendant's homicidal conduct or consented to the | ||
homicidal act;
| ||
(4) the defendant acted under the compulsion of threat | ||
or
menace of the imminent infliction of death or great | ||
bodily harm;
|
(5) the defendant was not personally present during
| ||
commission of the act or acts causing death;
| ||
(6) the defendant's background includes a history of | ||
extreme emotional
or physical abuse;
| ||
(7) the defendant suffers from a reduced mental | ||
capacity.
| ||
Provided, however, that an action that does not otherwise | ||
mitigate first degree murder cannot qualify as a mitigating | ||
factor for first degree murder because of the discovery, | ||
knowledge, or disclosure of the victim's sexual orientation as | ||
defined in Section 1-103 of the Illinois Human Rights Act. | ||
(d) Separate sentencing hearing.
| ||
Where requested by the State, the court shall conduct a | ||
separate
sentencing proceeding to determine the existence of | ||
factors set forth in
subsection (b) and to consider any | ||
aggravating or mitigating factors as
indicated in subsection | ||
(c). The proceeding shall be conducted:
| ||
(1) before the jury that determined the defendant's | ||
guilt; or
| ||
(2) before a jury impanelled for the purpose of the | ||
proceeding if:
| ||
A. the defendant was convicted upon a plea of | ||
guilty; or
| ||
B. the defendant was convicted after a trial before | ||
the court
sitting without a jury; or
| ||
C. the court for good cause shown discharges the |
jury that
determined the defendant's guilt; or
| ||
(3) before the court alone if the defendant waives a | ||
jury
for the separate proceeding.
| ||
(e) Evidence and Argument.
| ||
During the proceeding any information relevant to any of | ||
the factors
set forth in subsection (b) may be presented by | ||
either the State or the
defendant under the rules governing the | ||
admission of evidence at
criminal trials. Any information | ||
relevant to any additional aggravating
factors or any | ||
mitigating factors indicated in subsection (c) may be
presented | ||
by the State or defendant regardless of its admissibility
under | ||
the rules governing the admission of evidence at criminal | ||
trials.
The State and the defendant shall be given fair | ||
opportunity to rebut any
information received at the hearing.
| ||
(f) Proof.
| ||
The burden of proof of establishing the existence of any of | ||
the
factors set forth in subsection (b) is on the State and | ||
shall not be
satisfied unless established beyond a reasonable | ||
doubt.
| ||
(g) Procedure - Jury.
| ||
If at the separate sentencing proceeding the jury finds | ||
that none of
the factors set forth in subsection (b) exists, | ||
the court shall sentence
the defendant to a term of | ||
imprisonment under Chapter V of the Unified
Code of | ||
Corrections. If there is a unanimous finding by the jury that
| ||
one or more of the factors set forth in subsection (b) exist, |
the jury
shall consider aggravating and mitigating factors as | ||
instructed by the
court and shall determine whether the | ||
sentence of death shall be
imposed. If the jury determines | ||
unanimously, after weighing the factors in
aggravation and | ||
mitigation, that death is the appropriate sentence, the court | ||
shall sentence the defendant to death.
If the court does not | ||
concur with the jury determination that death is the
| ||
appropriate sentence, the court shall set forth reasons in | ||
writing
including what facts or circumstances the court relied | ||
upon,
along with any relevant
documents, that compelled the | ||
court to non-concur with the sentence. This
document and any | ||
attachments shall be part of the record for appellate
review. | ||
The court shall be bound by the jury's sentencing | ||
determination.
| ||
If after weighing the factors in aggravation and | ||
mitigation, one or more
jurors determines that death is not the | ||
appropriate sentence,
the
court shall sentence the defendant to | ||
a term of imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h) Procedure - No Jury.
| ||
In a proceeding before the court alone, if the court finds | ||
that none
of the factors found in subsection (b) exists, the | ||
court shall sentence
the defendant to a term of imprisonment | ||
under Chapter V of the Unified
Code of Corrections.
| ||
If the Court determines that one or more of the factors set | ||
forth in
subsection (b) exists, the Court shall consider any |
aggravating and
mitigating factors as indicated in subsection | ||
(c). If the Court
determines, after weighing the factors in | ||
aggravation and mitigation, that
death is the appropriate | ||
sentence, the Court shall sentence the
defendant to death.
| ||
If
the court finds that death is not the
appropriate | ||
sentence, the
court shall sentence the defendant to a term of | ||
imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h-5) Decertification as a capital case.
| ||
In a case in which the defendant has been found guilty of | ||
first degree murder
by a judge or jury, or a case on remand for | ||
resentencing, and the State seeks
the death penalty as an | ||
appropriate
sentence,
on the court's own motion or the written | ||
motion of the defendant, the court
may decertify the case as a | ||
death penalty case if the court finds that the only
evidence | ||
supporting the defendant's conviction is the uncorroborated | ||
testimony
of an informant witness, as defined in Section 115-21 | ||
of the Code of Criminal
Procedure of 1963, concerning the | ||
confession or admission of the defendant or
that the sole | ||
evidence against the defendant is a single eyewitness or single
| ||
accomplice without any other corroborating evidence.
If the | ||
court decertifies the case as a capital case
under either of | ||
the grounds set forth above, the court shall issue a
written | ||
finding. The State may pursue its right to appeal the | ||
decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||
the court does not
decertify the case as a capital case, the |
matter shall proceed to the
eligibility phase of the sentencing | ||
hearing.
| ||
(i) Appellate Procedure.
| ||
The conviction and sentence of death shall be subject to | ||
automatic
review by the Supreme Court. Such review shall be in | ||
accordance with
rules promulgated by the Supreme Court.
The | ||
Illinois Supreme Court may overturn the death sentence, and | ||
order the
imposition of imprisonment under Chapter V of the | ||
Unified Code of
Corrections if the court finds that the death | ||
sentence is fundamentally
unjust as applied to the particular | ||
case.
If the Illinois Supreme Court finds that the
death | ||
sentence is fundamentally unjust as applied to the particular | ||
case,
independent of any procedural grounds for relief, the | ||
Illinois Supreme Court
shall issue a written opinion explaining | ||
this finding.
| ||
(j) Disposition of reversed death sentence.
| ||
In the event that the death penalty in this Act is held to | ||
be
unconstitutional by the Supreme Court of the United States | ||
or of the
State of Illinois, any person convicted of first | ||
degree murder shall be
sentenced by the court to a term of | ||
imprisonment under Chapter V of the
Unified Code of | ||
Corrections.
| ||
In the event that any death sentence pursuant to the | ||
sentencing
provisions of this Section is declared | ||
unconstitutional by the Supreme
Court of the United States or | ||
of the State of Illinois, the court having
jurisdiction over a |
person previously sentenced to death shall cause the
defendant | ||
to be brought before the court, and the court shall sentence
| ||
the defendant to a term of imprisonment under Chapter V of the
| ||
Unified Code of Corrections.
| ||
(k) Guidelines for seeking the death penalty.
| ||
The Attorney General and
State's Attorneys Association | ||
shall consult on voluntary guidelines for
procedures governing | ||
whether or not to seek the death penalty. The guidelines
do not
| ||
have the force of law and are only advisory in nature.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; | ||
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||
Sec. 12-2. Aggravated assault.
| ||
(a) Offense based on location of conduct. A person commits | ||
aggravated assault when he or she commits an assault against an | ||
individual who is on or about a public way, public property, a | ||
public place of accommodation or amusement, or a sports venue , | ||
or in a church, synagogue, mosque, or other building, | ||
structure, or place used for religious worship . | ||
(b) Offense based on status of victim. A person commits | ||
aggravated assault when, in committing an assault, he or she | ||
knows the individual assaulted to be any of the following: | ||
(1) A person with a physical disability or a person 60 | ||
years of age or older and the assault is without legal | ||
justification. |
(2) A teacher or school employee upon school grounds or | ||
grounds adjacent to a school or in any part of a building | ||
used for school purposes. | ||
(3) A park district employee upon park grounds or | ||
grounds adjacent to a park or in any part of a building | ||
used for park purposes. | ||
(4) A community policing volunteer, private security | ||
officer, or utility worker: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(4.1) A peace officer, fireman, emergency management | ||
worker, or emergency medical services personnel: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(5) A correctional officer or probation officer: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. |
(6) A correctional institution employee, a county | ||
juvenile detention center employee who provides direct and | ||
continuous supervision of residents of a juvenile | ||
detention center, including a county juvenile detention | ||
center employee who supervises recreational activity for | ||
residents of a juvenile detention center, or a Department | ||
of Human Services employee, Department of Human Services | ||
officer, or employee of a subcontractor of the Department | ||
of Human Services supervising or controlling sexually | ||
dangerous persons or sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) An employee of the State of Illinois, a municipal | ||
corporation therein, or a political subdivision thereof, | ||
performing his or her official duties. | ||
(8) A transit employee performing his or her official | ||
duties, or a transit passenger. | ||
(9) A sports official or coach actively participating | ||
in any level of athletic competition within a sports venue, | ||
on an indoor playing field or outdoor playing field, or | ||
within the immediate vicinity of such a facility or field. | ||
(10) A person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court, while that | ||
individual is in the performance of his or her duties as a | ||
process server. | ||
(c) Offense based on use of firearm, device, or motor | ||
vehicle. A person commits aggravated assault when, in | ||
committing an assault, he or she does any of the following: | ||
(1) Uses a deadly weapon, an air rifle as defined in | ||
Section 24.8-0.1 of this Act, or any device manufactured | ||
and designed to be substantially similar in appearance to a | ||
firearm, other than by discharging a firearm. | ||
(2) Discharges a firearm, other than from a motor | ||
vehicle. | ||
(3) Discharges a firearm from a motor vehicle. | ||
(4) Wears a hood, robe, or mask to conceal his or her | ||
identity. | ||
(5) Knowingly and without lawful justification shines | ||
or flashes a laser gun sight or other laser device attached | ||
to a firearm, or used in concert with a firearm, so that | ||
the laser beam strikes near or in the immediate vicinity of | ||
any person. | ||
(6) Uses a firearm, other than by discharging the | ||
firearm, against a peace officer, community policing | ||
volunteer, fireman, private security officer, emergency | ||
management worker, emergency medical services personnel, | ||
employee of a police department, employee of a sheriff's | ||
department, or traffic control municipal employee: |
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) Without justification operates a motor vehicle in a | ||
manner which places a person, other than a person listed in | ||
subdivision (b)(4), in reasonable apprehension of being | ||
struck by the moving motor vehicle. | ||
(8) Without justification operates a motor vehicle in a | ||
manner which places a person listed in subdivision (b)(4), | ||
in reasonable apprehension of being struck by the moving | ||
motor vehicle. | ||
(9) Knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(d) Sentence. Aggravated assault as defined in subdivision | ||
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||
aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||
is a Class 4 felony if a Category I, Category II, or Category | ||
III weapon is used in the commission of the assault. Aggravated | ||
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||
Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||
is a Class 3 felony. | ||
(e) For the purposes of this Section, "Category I weapon", |
"Category II weapon, and "Category III weapon" have the | ||
meanings ascribed to those terms in Section 33A-1 of this Code.
| ||
(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||
eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | ||
99-816, eff. 8-15-16.)
| ||
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||
Sec. 12-3.05. Aggravated battery.
| ||
(a) Offense based on injury. A person commits aggravated | ||
battery when, in committing a battery, other than by the | ||
discharge of a firearm, he or she knowingly does any of the | ||
following: | ||
(1) Causes great bodily harm or permanent disability or | ||
disfigurement. | ||
(2) Causes severe and permanent disability, great | ||
bodily harm, or disfigurement by means of a caustic or | ||
flammable substance, a poisonous gas, a deadly biological | ||
or chemical contaminant or agent, a radioactive substance, | ||
or a bomb or explosive compound. | ||
(3) Causes great bodily harm or permanent disability or | ||
disfigurement to an individual whom the person knows to be | ||
a peace officer, community policing volunteer, fireman, | ||
private security officer, correctional institution | ||
employee, or Department of Human Services employee | ||
supervising or controlling sexually dangerous persons or | ||
sexually violent persons: |
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(4) Causes great bodily harm or permanent disability or | ||
disfigurement to an individual 60 years of age or older. | ||
(5) Strangles another individual. | ||
(b) Offense based on injury to a child or person with an | ||
intellectual disability. A person who is at least 18 years of | ||
age commits aggravated battery when, in committing a battery, | ||
he or she knowingly and without legal justification by any | ||
means: | ||
(1) causes great bodily harm or permanent disability or | ||
disfigurement to any child under the age of 13 years, or to | ||
any person with a severe or profound intellectual | ||
disability; or | ||
(2) causes bodily harm or disability or disfigurement | ||
to any child under the age of 13 years or to any person | ||
with a severe or profound intellectual disability. | ||
(c) Offense based on location of conduct. A person commits | ||
aggravated battery when, in committing a battery, other than by | ||
the discharge of a firearm, he or she is or the person battered | ||
is on or about a public way, public property, a public place of | ||
accommodation or amusement, a sports venue, or a domestic | ||
violence shelter , or in a church, synagogue, mosque, or other |
building, structure, or place used for religious worship . | ||
(d) Offense based on status of victim. A person commits | ||
aggravated battery when, in committing a battery, other than by | ||
discharge of a firearm, he or she knows the individual battered | ||
to be any of the following: | ||
(1) A person 60 years of age or older. | ||
(2) A person who is pregnant or has a physical | ||
disability. | ||
(3) A teacher or school employee upon school grounds or | ||
grounds adjacent to a school or in any part of a building | ||
used for school purposes. | ||
(4) A peace officer, community policing volunteer, | ||
fireman, private security officer, correctional | ||
institution employee, or Department of Human Services | ||
employee supervising or controlling sexually dangerous | ||
persons or sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(5) A judge, emergency management worker, emergency | ||
medical services personnel, or utility worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or |
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(6) An officer or employee of the State of Illinois, a | ||
unit of local government, or a school district, while | ||
performing his or her official duties. | ||
(7) A transit employee performing his or her official | ||
duties, or a transit passenger. | ||
(8) A taxi driver on duty. | ||
(9) A merchant who detains the person for an alleged | ||
commission of retail theft under Section 16-26 of this Code | ||
and the person without legal justification by any means | ||
causes bodily harm to the merchant. | ||
(10) A person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure or a special process | ||
server appointed by the circuit court while that individual | ||
is in the performance of his or her duties as a process | ||
server. | ||
(11) A nurse while in the performance of his or her | ||
duties as a nurse. | ||
(e) Offense based on use of a firearm. A person commits | ||
aggravated battery when, in committing a battery, he or she | ||
knowingly does any of the following: | ||
(1) Discharges a firearm, other than a machine gun or a | ||
firearm equipped with a silencer, and causes any injury to | ||
another person. | ||
(2) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to | ||
a person he or she knows to be a peace officer, community | ||
policing volunteer, person summoned by a police officer, | ||
fireman, private security officer, correctional | ||
institution employee, or emergency management worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(3) Discharges a firearm, other than a machine gun or a | ||
firearm equipped with a silencer, and causes any injury to | ||
a person he or she knows to be emergency medical services | ||
personnel: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(4) Discharges a firearm and causes any injury to a | ||
person he or she knows to be a teacher, a student in a | ||
school, or a school employee, and the teacher, student, or | ||
employee is upon school grounds or grounds adjacent to a | ||
school or in any part of a building used for school | ||
purposes. | ||
(5) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to another person. | ||
(6) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be a peace officer, community policing volunteer, | ||
person summoned by a police officer, fireman, private | ||
security officer, correctional institution employee or | ||
emergency management worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(7) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be emergency medical services personnel: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(8) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be a teacher, or a student in a school, or a | ||
school employee, and the teacher, student, or employee is | ||
upon school grounds or grounds adjacent to a school or in | ||
any part of a building used for school purposes. |
(f) Offense based on use of a weapon or device. A person | ||
commits aggravated battery when, in committing a battery, he or | ||
she does any of the following: | ||
(1) Uses a deadly weapon other than by discharge of a | ||
firearm, or uses an air rifle as defined in Section | ||
24.8-0.1 of this Code. | ||
(2) Wears a hood, robe, or mask to conceal his or her | ||
identity. | ||
(3) Knowingly and without lawful justification shines | ||
or flashes a laser gunsight or other laser device attached | ||
to a firearm, or used in concert with a firearm, so that | ||
the laser beam strikes upon or against the person of | ||
another. | ||
(4) Knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(g) Offense based on certain conduct. A person commits | ||
aggravated battery when, other than by discharge of a firearm, | ||
he or she does any of the following: | ||
(1) Violates Section 401 of the Illinois Controlled | ||
Substances Act by unlawfully delivering a controlled | ||
substance to another and any user experiences great bodily | ||
harm or permanent disability as a result of the injection, | ||
inhalation, or ingestion of any amount of the controlled | ||
substance. | ||
(2) Knowingly administers to an individual or causes | ||
him or her to take, without his or her consent or by threat |
or deception, and for other than medical purposes, any | ||
intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||
or controlled substance, or gives to another person any | ||
food containing any substance or object intended to cause | ||
physical injury if eaten. | ||
(3) Knowingly causes or attempts to cause a | ||
correctional institution employee or Department of Human | ||
Services employee to come into contact with blood, seminal | ||
fluid, urine, or feces by throwing, tossing, or expelling | ||
the fluid or material, and the person is an inmate of a | ||
penal institution or is a sexually dangerous person or | ||
sexually violent person in the custody of the Department of | ||
Human Services. | ||
(h) Sentence. Unless otherwise provided, aggravated | ||
battery is a Class 3 felony. | ||
Aggravated battery as defined in subdivision (a)(4), | ||
(d)(4), or (g)(3) is a Class 2 felony. | ||
Aggravated battery as defined in subdivision (a)(3) or | ||
(g)(1) is a Class 1 felony. | ||
Aggravated battery as defined in subdivision (a)(1) is a | ||
Class 1 felony when the aggravated battery was intentional and | ||
involved the infliction of torture, as defined in paragraph | ||
(14) of subsection (b) of Section 9-1 of this Code, as the | ||
infliction of or subjection to extreme physical pain, motivated | ||
by an intent to increase or prolong the pain, suffering, or | ||
agony of the victim. |
Aggravated battery as defined in subdivision (a)(1) is a | ||
Class 2 felony when the person causes great bodily harm or | ||
permanent disability to an individual whom the person knows to | ||
be a member of a congregation engaged in prayer or other | ||
religious activities at a church, synagogue, mosque, or other | ||
building, structure, or place used for religious worship. | ||
Aggravated battery under subdivision (a)(5) is a
Class 1 | ||
felony if: | ||
(A) the person used or attempted to use a dangerous
| ||
instrument while committing the offense; or | ||
(B) the person caused great bodily harm or
permanent | ||
disability or disfigurement to the other
person while | ||
committing the offense; or | ||
(C) the person has been previously convicted of a
| ||
violation of subdivision (a)(5) under the laws of this
| ||
State or laws similar to subdivision (a)(5) of any other
| ||
state. | ||
Aggravated battery as defined in subdivision (e)(1) is a | ||
Class X felony. | ||
Aggravated battery as defined in subdivision (a)(2) is a | ||
Class X felony for which a person shall be sentenced to a term | ||
of imprisonment of a minimum of 6 years and a maximum of 45 | ||
years. | ||
Aggravated battery as defined in subdivision (e)(5) is a | ||
Class X felony for which a person shall be sentenced to a term | ||
of imprisonment of a minimum of 12 years and a maximum of 45 |
years. | ||
Aggravated battery as defined in subdivision (e)(2), | ||
(e)(3), or (e)(4) is a Class X felony for which a person shall | ||
be sentenced to a term of imprisonment of a minimum of 15 years | ||
and a maximum of 60 years. | ||
Aggravated battery as defined in subdivision (e)(6), | ||
(e)(7), or (e)(8) is a Class X felony for which a person shall | ||
be sentenced to a term of imprisonment of a minimum of 20 years | ||
and a maximum of 60 years. | ||
Aggravated battery as defined in subdivision (b)(1) is a | ||
Class X felony, except that: | ||
(1) if the person committed the offense while armed | ||
with a firearm, 15 years shall be added to the term of | ||
imprisonment imposed by the court; | ||
(2) if, during the commission of the offense, the | ||
person personally discharged a firearm, 20 years shall be | ||
added to the term of imprisonment imposed by the court; | ||
(3) if, during the commission of the offense, the | ||
person personally discharged a firearm that proximately | ||
caused great bodily harm, permanent disability, permanent | ||
disfigurement, or death to another person, 25 years or up | ||
to a term of natural life shall be added to the term of | ||
imprisonment imposed by the court. | ||
(i) Definitions. In For the purposes of this Section: | ||
"Building or other structure used to provide shelter" has | ||
the meaning ascribed to "shelter" in Section 1 of the Domestic |
Violence Shelters Act. | ||
"Domestic violence" has the meaning ascribed to it in | ||
Section 103 of the Illinois Domestic Violence Act of 1986. | ||
"Domestic violence shelter" means any building or other | ||
structure used to provide shelter or other services to victims | ||
or to the dependent children of victims of domestic violence | ||
pursuant to the Illinois Domestic Violence Act of 1986 or the | ||
Domestic Violence Shelters Act, or any place within 500 feet of | ||
such a building or other structure in the case of a person who | ||
is going to or from such a building or other structure. | ||
"Firearm" has the meaning provided under Section 1.1
of the | ||
Firearm Owners Identification Card Act, and does
not include an | ||
air rifle as defined by Section 24.8-0.1 of this Code. | ||
"Machine gun" has the meaning ascribed to it in Section | ||
24-1 of this Code. | ||
"Merchant" has the meaning ascribed to it in Section 16-0.1 | ||
of this Code. | ||
"Strangle" means
intentionally impeding the normal | ||
breathing or circulation of the blood of an individual by | ||
applying pressure on the throat
or neck of that individual or | ||
by blocking the nose or mouth of
that individual.
| ||
(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||
eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| ||
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||
Sec. 24-1. Unlawful use of weapons.
|
(a) A person commits the offense of unlawful use of weapons | ||
when
he knowingly:
| ||
(1) Sells, manufactures, purchases, possesses or | ||
carries any bludgeon,
black-jack, slung-shot, sand-club, | ||
sand-bag, metal knuckles or other knuckle weapon | ||
regardless of its composition, throwing star,
or any knife, | ||
commonly referred to as a switchblade knife, which has a
| ||
blade that opens automatically by hand pressure applied to | ||
a button,
spring or other device in the handle of the | ||
knife, or a ballistic knife,
which is a device that propels | ||
a knifelike blade as a projectile by means
of a coil | ||
spring, elastic material or compressed gas; or
| ||
(2) Carries or possesses with intent to use the same | ||
unlawfully
against another, a dagger, dirk, billy, | ||
dangerous knife, razor,
stiletto, broken bottle or other | ||
piece of glass, stun gun or taser or
any other dangerous or | ||
deadly weapon or instrument of like character; or
| ||
(2.5) Carries or possesses with intent to use the same | ||
unlawfully against another, any firearm in a church, | ||
synagogue, mosque, or other building, structure, or place | ||
used for religious worship; or | ||
(3) Carries on or about his person or in any vehicle, a | ||
tear gas gun
projector or bomb or any object containing | ||
noxious liquid gas or
substance, other than an object | ||
containing a non-lethal noxious liquid gas
or substance | ||
designed solely for personal defense carried by a person 18
|
years of age or older; or
| ||
(4) Carries or possesses in any vehicle or concealed on | ||
or about his
person except when on his land or in his own | ||
abode, legal dwelling, or fixed place of
business, or on | ||
the land or in the legal dwelling of another person as an | ||
invitee with that person's permission, any pistol, | ||
revolver, stun gun or taser or other firearm, except
that
| ||
this subsection (a) (4) does not apply to or affect | ||
transportation of weapons
that meet one of the following | ||
conditions:
| ||
(i) are broken down in a non-functioning state; or
| ||
(ii) are not immediately accessible; or
| ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card; or | ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the Firearm | ||
Concealed Carry Act; or
| ||
(5) Sets a spring gun; or
| ||
(6) Possesses any device or attachment of any kind | ||
designed, used or
intended for use in silencing the report | ||
of any firearm; or
| ||
(7) Sells, manufactures, purchases, possesses or | ||
carries:
|
(i) a machine gun, which shall be defined for the | ||
purposes of this
subsection as any weapon,
which | ||
shoots, is designed to shoot, or can be readily | ||
restored to shoot,
automatically more than one shot | ||
without manually reloading by a single
function of the | ||
trigger, including the frame or receiver
of any such | ||
weapon, or sells, manufactures, purchases, possesses, | ||
or
carries any combination of parts designed or | ||
intended for
use in converting any weapon into a | ||
machine gun, or any combination or
parts from which a | ||
machine gun can be assembled if such parts are in the
| ||
possession or under the control of a person;
| ||
(ii) any rifle having one or
more barrels less than | ||
16 inches in length or a shotgun having one or more
| ||
barrels less than 18 inches in length or any weapon | ||
made from a rifle or
shotgun, whether by alteration, | ||
modification, or otherwise, if such a weapon
as | ||
modified has an overall length of less than 26 inches; | ||
or
| ||
(iii) any
bomb, bomb-shell, grenade, bottle or | ||
other container containing an
explosive substance of | ||
over one-quarter ounce for like purposes, such
as, but | ||
not limited to, black powder bombs and Molotov | ||
cocktails or
artillery projectiles; or
| ||
(8) Carries or possesses any firearm, stun gun or taser | ||
or other
deadly weapon in any place which is licensed to |
sell intoxicating
beverages, or at any public gathering | ||
held pursuant to a license issued
by any governmental body | ||
or any public gathering at which an admission
is charged, | ||
excluding a place where a showing, demonstration or lecture
| ||
involving the exhibition of unloaded firearms is | ||
conducted.
| ||
This subsection (a)(8) does not apply to any auction or | ||
raffle of a firearm
held pursuant to
a license or permit | ||
issued by a governmental body, nor does it apply to persons
| ||
engaged
in firearm safety training courses; or
| ||
(9) Carries or possesses in a vehicle or on or about | ||
his or her person any
pistol, revolver, stun gun or taser | ||
or firearm or ballistic knife, when
he or she is hooded, | ||
robed or masked in such manner as to conceal his or her | ||
identity; or
| ||
(10) Carries or possesses on or about his or her | ||
person, upon any public street,
alley, or other public | ||
lands within the corporate limits of a city, village ,
or | ||
incorporated town, except when an invitee thereon or | ||
therein, for the
purpose of the display of such weapon or | ||
the lawful commerce in weapons, or
except when on his land | ||
or in his or her own abode, legal dwelling, or fixed place | ||
of business, or on the land or in the legal dwelling of | ||
another person as an invitee with that person's permission, | ||
any
pistol, revolver, stun gun , or taser or other firearm, | ||
except that this
subsection (a) (10) does not apply to or |
affect transportation of weapons that
meet one of the | ||
following conditions:
| ||
(i) are broken down in a non-functioning state; or
| ||
(ii) are not immediately accessible; or
| ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card; or
| ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the Firearm | ||
Concealed Carry Act. | ||
A "stun gun or taser", as used in this paragraph (a) | ||
means (i) any device
which is powered by electrical | ||
charging units, such as, batteries, and
which fires one or | ||
several barbs attached to a length of wire and
which, upon | ||
hitting a human, can send out a current capable of | ||
disrupting
the person's nervous system in such a manner as | ||
to render him incapable of
normal functioning or (ii) any | ||
device which is powered by electrical
charging units, such | ||
as batteries, and which, upon contact with a human or
| ||
clothing worn by a human, can send out current capable of | ||
disrupting
the person's nervous system in such a manner as | ||
to render him incapable
of normal functioning; or
| ||
(11) Sells, manufactures , or purchases any explosive | ||
bullet. For purposes
of this paragraph (a) "explosive |
bullet" means the projectile portion of
an ammunition | ||
cartridge which contains or carries an explosive charge | ||
which
will explode upon contact with the flesh of a human | ||
or an animal.
"Cartridge" means a tubular metal case having | ||
a projectile affixed at the
front thereof and a cap or | ||
primer at the rear end thereof, with the
propellant | ||
contained in such tube between the projectile and the cap; | ||
or
| ||
(12) (Blank); or
| ||
(13) Carries or possesses on or about his or her person | ||
while in a building occupied by a unit of government, a | ||
billy club, other weapon of like character, or other | ||
instrument of like character intended for use as a weapon. | ||
For the purposes of this Section, "billy club" means a | ||
short stick or club commonly carried by police officers | ||
which is either telescopic or constructed of a solid piece | ||
of wood or other man-made material. | ||
(b) Sentence. A person convicted of a violation of | ||
subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||
Class A
misdemeanor.
A person convicted of a violation of | ||
subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||
person
convicted of a violation of subsection 24-1(a)(6) or | ||
24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||
convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||
Class 2 felony and shall be sentenced to a term of imprisonment |
of not less than 3 years and not more than 7 years, unless the | ||
weapon is possessed in the
passenger compartment of a motor | ||
vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||
Code, or on the person, while the weapon is loaded, in which
| ||
case it shall be a Class X felony. A person convicted of a
| ||
second or subsequent violation of subsection 24-1(a)(4), | ||
24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||
felony. A person convicted of a violation of subsection | ||
24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||
weapon in violation of this Section constitutes a single and | ||
separate violation.
| ||
(c) Violations in specific places.
| ||
(1) A person who violates subsection 24-1(a)(6) or | ||
24-1(a)(7) in any
school, regardless of the time of day or | ||
the time of year, in residential
property owned, operated | ||
or managed by a public housing agency or
leased by
a public | ||
housing agency as part of a scattered site or mixed-income
| ||
development, in a
public park, in a courthouse, on the real | ||
property comprising any school,
regardless of the
time of | ||
day or the time of year, on residential property owned, | ||
operated
or
managed by a public housing agency
or leased by | ||
a public housing agency as part of a scattered site or
| ||
mixed-income development,
on the real property comprising | ||
any
public park, on the real property comprising any | ||
courthouse, in any conveyance
owned, leased or contracted | ||
by a school to
transport students to or from school or a |
school related activity, in any conveyance
owned, leased, | ||
or contracted by a public transportation agency, or on any
| ||
public way within 1,000 feet of the real property | ||
comprising any school,
public park, courthouse, public | ||
transportation facility, or residential property owned, | ||
operated, or managed
by a public housing agency
or leased | ||
by a public housing agency as part of a scattered site or
| ||
mixed-income development
commits a Class 2 felony and shall | ||
be sentenced to a term of imprisonment of not less than 3 | ||
years and not more than 7 years.
| ||
(1.5) A person who violates subsection 24-1(a)(4), | ||
24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||
time of day or the time of year,
in residential property | ||
owned, operated, or managed by a public
housing
agency
or | ||
leased by a public housing agency as part of a scattered | ||
site or
mixed-income development,
in
a public
park, in a | ||
courthouse, on the real property comprising any school, | ||
regardless
of the time of day or the time of year, on | ||
residential property owned,
operated, or managed by a | ||
public housing agency
or leased by a public housing agency | ||
as part of a scattered site or
mixed-income development,
on | ||
the real property
comprising any public park, on the real | ||
property comprising any courthouse, in
any conveyance | ||
owned, leased, or contracted by a school to transport | ||
students
to or from school or a school related activity, in | ||
any conveyance
owned, leased, or contracted by a public |
transportation agency, or on any public way within
1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse,
public transportation facility, or | ||
residential property owned, operated, or managed by a | ||
public
housing agency
or leased by a public housing agency | ||
as part of a scattered site or
mixed-income development
| ||
commits a Class 3 felony.
| ||
(2) A person who violates subsection 24-1(a)(1), | ||
24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||
time of day or the time of year, in
residential property | ||
owned, operated or managed by a public housing
agency
or | ||
leased by a public housing agency as part of a scattered | ||
site or
mixed-income development,
in
a public park, in a | ||
courthouse, on the real property comprising any school,
| ||
regardless of the time of day or the time of year, on | ||
residential property
owned, operated or managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
on the | ||
real property
comprising any public park, on the real | ||
property comprising any courthouse, in
any conveyance | ||
owned, leased or contracted by a school to transport | ||
students
to or from school or a school related activity, in | ||
any conveyance
owned, leased, or contracted by a public | ||
transportation agency, or on any public way within
1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse,
public transportation facility, or |
residential property owned, operated, or managed by a | ||
public
housing agency or leased by a public housing agency | ||
as part of a scattered
site or mixed-income development | ||
commits a Class 4 felony. "Courthouse"
means any building | ||
that is used by the Circuit, Appellate, or Supreme Court of
| ||
this State for the conduct of official business.
| ||
(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
(c) shall not
apply to law
enforcement officers or security | ||
officers of such school, college, or
university or to | ||
students carrying or possessing firearms for use in | ||
training
courses, parades, hunting, target shooting on | ||
school ranges, or otherwise with
the consent of school | ||
authorities and which firearms are transported unloaded
| ||
enclosed in a suitable case, box, or transportation | ||
package.
| ||
(4) For the purposes of this subsection (c), "school" | ||
means any public or
private elementary or secondary school, | ||
community college, college, or
university.
| ||
(5) For the purposes of this subsection (c), "public | ||
transportation agency" means a public or private agency | ||
that provides for the transportation or conveyance of
| ||
persons by means available to the general public, except | ||
for transportation
by automobiles not used for conveyance | ||
of the general public as passengers; and "public | ||
transportation facility" means a terminal or other place
| ||
where one may obtain public transportation.
|
(d) The presence in an automobile other than a public | ||
omnibus of any
weapon, instrument or substance referred to in | ||
subsection (a)(7) is
prima facie evidence that it is in the | ||
possession of, and is being
carried by, all persons occupying | ||
such automobile at the time such
weapon, instrument or | ||
substance is found, except under the following
circumstances: | ||
(i) if such weapon, instrument or instrumentality is
found upon | ||
the person of one of the occupants therein; or (ii) if such
| ||
weapon, instrument or substance is found in an automobile | ||
operated for
hire by a duly licensed driver in the due, lawful | ||
and proper pursuit of
his or her trade, then such presumption | ||
shall not apply to the driver.
| ||
(e) Exemptions. | ||
(1) Crossbows, Common or Compound bows and Underwater
| ||
Spearguns are exempted from the definition of ballistic | ||
knife as defined in
paragraph (1) of subsection (a) of this | ||
Section. | ||
(2) The provision of paragraph (1) of subsection (a) of | ||
this Section prohibiting the sale, manufacture, purchase, | ||
possession, or carrying of any knife, commonly referred to | ||
as a switchblade knife, which has a
blade that opens | ||
automatically by hand pressure applied to a button,
spring | ||
or other device in the handle of the knife, does not apply | ||
to a person who possesses a currently valid Firearm Owner's | ||
Identification Card previously issued in his or her name by | ||
the Department of State Police or to a person or an entity |
engaged in the business of selling or manufacturing | ||
switchblade knives.
| ||
(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
|