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Public Act 91-0012
HB1195 Enrolled LRB9103698RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 24-1.2 and 24-3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 24-1.2 and 24-3 as follows:
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm
when he or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he
or she knows or reasonably should know to be occupied and
the firearm is discharged from a place or position
outside that building;
(2) Discharges a firearm in the direction of
another person or in the direction of a vehicle he or she
knows or reasonably should know to be occupied by a
person;
(3) Discharges a firearm in the direction of a
person he or she knows to be a peace officer, a community
policing volunteer, a correctional institution employee,
or a fireman while the officer, volunteer, employee or
fireman is engaged in the execution of any of his or her
official duties, or to prevent the officer, volunteer,
employee or fireman from performing his or her official
duties, or in retaliation for the officer, volunteer,
employee or fireman performing his or her official
duties;
(4) Discharges a firearm in the direction of a
vehicle he or she knows to be occupied by a peace
officer, a person summoned or directed by a peace
officer, a correctional institution employee or a fireman
while the officer, employee or fireman is engaged in the
execution of any of his or her official duties, or to
prevent the officer, employee or fireman from performing
his or her official duties, or in retaliation for the
officer, employee or fireman performing his or her
official duties;
(5) Discharges a firearm in the direction of a
person he or she knows to be 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, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his or
her official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his or her official duties,
or in retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his or her official duties; or
(6) Discharges a firearm in the direction of a
vehicle he or she knows to be occupied by 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, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel is engaged in the execution of any of his
or her official duties, or to prevent the emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel from performing his or her
official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel performing his or her official
duties.
(b) A violation of subsection (a)(1) or subsection
(a)(2) of this Section is a Class 1 felony. A violation of
subsection (a)(1) or (a)(2) of this Section committed in a
school, on the real property comprising a school, within
1,000 feet of the real property comprising a school, at a
school related activity or on or within 1,000 feet of any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity, regardless of the time of day or time of year that
the offense was committed is a Class X felony. A violation of
subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 10 years and not more than 45
years.
(c) For purposes of this Section:
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms. A person commits
the offense of unlawful sale of firearms when he knowingly:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age; or
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent; or
(c) Sells or gives any firearm to any narcotic addict;
or
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction; or
(e) Sells or gives any firearm to any person who has
been a patient in a mental hospital within the past 5 years;
or
(f) Sells or gives any firearms to any person who is
mentally retarded; or
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or delivers
any rifle, shotgun or other long gun, incidental to a sale,
without withholding delivery of such rifle, shotgun or other
long gun for at least 24 hours after application for its
purchase has been made. However, this paragraph shall not
apply to: (1) the sale of a firearm to a law enforcement
officer or a person who desires to purchase a firearm for use
in promoting the public interest incident to his employment
as a bank guard, armed truck guard, or other similar
employment; or (2) a mail order sale of a firearm to a
nonresident of Illinois under which the firearm is mailed to
a point outside the boundaries of Illinois; or (3) the sale
of a firearm to a nonresident of Illinois while at a firearm
showing or display recognized by the Illinois Department of
State Police; or (4) the sale of a firearm to a dealer
licensed under the Federal Firearms Act of the United States;
or
(h) While holding any license under the Federal "Gun
Control Act of 1968", as amended, as a dealer, importer,
manufacturer or pawnbroker; manufactures, sells or delivers
to any unlicensed person a handgun having a barrel, slide,
frame or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For purposes
of this paragraph, (1) "firearm" is defined as in "An Act
relating to the acquisition, possession and transfer of
firearms and firearm ammunition, to provide a penalty for the
violation thereof and to make an appropriation in connection
therewith", approved August 3, 1967, as amended; (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a combination
of parts from which a firearm can be assembled; or
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Paragraph (h) of this Section shall not include
firearms sold within 6 months after enactment of this
amendatory Act of 1973, nor shall any firearm legally owned
or possessed by any citizen or purchased by any citizen
within 6 months after the enactment of this amendatory Act of
1973 be subject to confiscation or seizure under the
provisions of this amendatory Act of 1973. Nothing in this
amendatory Act of 1973 shall be construed to prohibit the
gift or trade of any firearm if that firearm was legally held
or acquired within 6 months after the enactment of this
amendatory Act of 1973.
(k) Sentence.
(1) Any person convicted of unlawful sale of
firearms in violation of paragraphs (c) (b) through (h)
commits a Class 4 felony.
(2) Any person convicted of unlawful sale of
firearms in violation of paragraph (b) or (i) commits a
Class 3 felony.
(3) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) or (i) commits a
Class 2 3 felony.
(4) Any person convicted of unlawful sale of
firearms in violation of paragraph (a), (b), or (i) in
any school, on the real property comprising a school,
within 1,000 feet of the real property comprising a
school, at a school related activity, or on or within
1,000 feet of any conveyance owned, leased, or contracted
by a school or school district to transport students to
or from school or a school related activity regardless of
the time of day or time of year that the offense was
committed commits a Class 1 felony. Any person convicted
of a second or subsequent violation of unlawful sale of
firearms in violation of paragraph (a), (b), or (i) in
any school, on the real property comprising a school,
within 1,000 feet of the real property comprising a
school, at a school related activity, or on or within
1,000 feet of any conveyance owned, leased, or contracted
by a school or school district to transport students to
or from school or a school related activity regardless of
the time of day or time of year that the offense was
committed commits a Class 1 felony for which the sentence
shall be a term of imprisonment of no less than 5 years
and no more than 15 years.
(5) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) or (i) in any
school, regardless of the time of day or the time of
year, in residential property owned, operated, or and
managed by a public housing agency, 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 and managed by a
public housing agency, 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, or on any public way
within 1,000 feet of the real property comprising any
school, public park, courthouse, or residential property
owned, operated, or and managed by a public housing
agency commits a Class 2 felony.
(6) For purposes of this Section:
"School" means a public or private elementary
or secondary school, community college, college, or
university.
"School related activity" means any sporting,
social, academic, or other activity for which
students' attendance or participation is sponsored,
organized, or funded in whole or in part by a school
or school district.
(Source: P.A. 88-680, eff. 1-1-95.)
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