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Public Act 91-0673
SB847 Re-enrolled SDS/910003/CTdo
AN ACT in relation to various offenses committed on
properties leased by public housing agencies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-130 as follows:
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal sexual
assault, armed robbery when the armed robbery was committed
with a firearm, or aggravated vehicular hijacking when the
hijacking was committed with a firearm. These charges and all
other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961
on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (1) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the Criminal Code of 1961.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (1), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(2) (a) The definition of a delinquent minor under
Section 5-120 of this Article shall not apply to any minor
who at the time of the offense was at least 15 years of age
and who is charged with an offense under Section 401 of the
Illinois Controlled Substances Act, while in a school,
regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
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 school,
regardless of the time of day or the time of year, or
residential property owned, operated or and managed by a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development, or on a
public way within 1,000 feet of the real property comprising
any school, regardless of the time of day or the time of
year, or residential property owned, operated or and managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development. School is defined, for the purposes of this
Section, as any public or private elementary or secondary
school, community college, college, or university. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (2) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (2),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (2), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property
comprising any school, regardless of the time of day or the
time of year. School is defined, for purposes of this Section
as any public or private elementary or secondary school,
community college, college, or university. These charges and
all other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (3) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (3), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course
of either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions of the
Criminal Code of 1961.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
the State's Attorney may proceed on any lesser charge or
charges, but only in Juvenile Court under the provisions of
this Article. The State's Attorney may proceed under the
criminal laws of this State on a lesser charge if before
trial the minor defendant knowingly and with advice of
counsel waives, in writing, his or her right to have the
matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
and additional charges that are not specified in paragraph
(a) of this subsection, all of the charges arising out of the
same incident shall be prosecuted under the criminal laws of
this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court
shall have available any or all dispositions prescribed for
that offense under Chapter V of the Unified Code of
Corrections.
(ii) If the minor was not yet 15 years of age at the
time of the offense, and if after trial or plea the court
finds that the minor committed an offense other than first
degree murder committed during the course of either
aggravated criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, the finding shall not invalidate
the verdict or the prosecution of the minor under the
criminal laws of the State; however, unless the State
requests a hearing for the purpose of sentencing the minor
under Chapter V of the Unified Code of Corrections, the Court
must proceed under Sections 5-705 and 5-710 of this Article.
To request a hearing, the State must file a written motion
within 10 days following the entry of a finding or the return
of a verdict. Reasonable notice of the motion shall be given
to the minor or his or her counsel. If the motion is made by
the State, the court shall conduct a hearing to determine
whether the minor should be sentenced under Chapter V of the
Unified Code of Corrections. In making its determination,
the court shall consider among other matters: (a) whether
there is evidence that the offense was committed in an
aggressive and premeditated manner; (b) the age of the
minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to
the Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and the security
of the public require sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State
as a result of the application of the provisions of Section
5-125, or subsection (1) or (2) of this Section. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (5) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of this State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous delinquent history of the minor; (d) whether there
are facilities particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who,
pursuant to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the jurisdiction of
the criminal court and has been convicted of a crime under an
adult criminal or penal statute. Such a minor shall be
subject to prosecution under the criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction
of the Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at
any time before commencement of the adjudicatory hearing,
file with the court a motion that criminal prosecution be
ordered and that the petition be dismissed insofar as the act
or acts involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(Source: P.A. 90-590, eff. 1-1-99.)
Section 10. The Criminal Code of 1961 is amended by
changing Sections 24-1 and 24-3, and 24-3.3 as follows:
(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, 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
(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 or fixed place of business any
pistol, revolver, stun gun or taser or other firearm; 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; or
(9) Carries or possesses in a vehicle or on or
about his person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he is hooded, robed
or masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his 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 own abode or fixed place of business, any
pistol, revolver, stun gun or taser or other firearm.
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).
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) 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, 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)(9), or 24-1(a)(10) commits a Class 3 felony.
(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 and 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 and 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, 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 or leased by a
public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(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 and 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 and 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, 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 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 and 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 and 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, 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 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.
(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 trade, then such
presumption shall not apply to the driver.
(e) Exemptions. 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.
(Source: P.A. 90-686, eff. 1-1-99.)
(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.
Any person convicted of unlawful sale of firearms in
violation of paragraphs (b) through (h) commits a Class 4
felony.
Any person convicted of unlawful sale of firearms in
violation of paragraph (a) or (i) commits a Class 3 felony.
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 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 and 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, 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 or
leased by a public housing agency as part of a scattered site
or mixed-income development commits a Class 2 felony.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on
the Premises of Any School, regardless of the time of day or
the time of year, or any conveyance owned, leased or
contracted by a school to transport students to or from
school or a school related activity, or residential property
owned, operated or and managed by a public housing agency.
Any person 18 years of age or older who sells, gives or
delivers any firearm to any person under 18 years of age in
any school, regardless of the time of day or the time of year
or residential property owned, operated or and 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 school, regardless of the time
of day or the time of year or residential property owned,
operated or and 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. School is
defined, for the purposes of this Section, as any public or
private elementary or secondary school, community college,
college or university. This does not apply to peace officers
or to students carrying or possessing firearms for use in
school training courses, parades, target shooting on school
ranges, or otherwise with the consent of school authorities
and which firearms are transported unloaded and enclosed in a
suitable case, box or transportation package.
(Source: P.A. 86-946; 87-524.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Section 407 as follows:
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of
Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may be
sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise
authorized by the pertinent subsection of Section 401 and
Subsection (b) of Section 404.
(2) Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 1 felony, the fine for which shall not
exceed $250,000;
(B) subsection (d) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 2 felony, the fine for which shall not
exceed $200,000;
(C) subsection (e) of Section 401 or subsection (b)
of Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike
substance in or on, or within 1,000 feet of, a truck stop
or safety rest area, is guilty of a Class 3 felony, the
fine for which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $75,000;
(3) Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of
paragraph (2) of this subsection (a) may be sentenced to a
term of imprisonment up to 2 times the maximum term and fined
an amount up to 2 times the amount otherwise authorized by
Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its
parking areas) used to provide fuel or service, or both,
to any commercial motor vehicle as defined in Section
18b-101 of the Illinois Vehicle Code.
(b) Any person who violates:
(1) subsection (c) of Section 401 in any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or and managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or on any public way within 1,000 feet of the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or on any public way
within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or on a public way within 1,000 feet
of the real property comprising any of the following
places, buildings, or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities is guilty of a Class X felony,
the fine for which shall not exceed $500,000;
(2) subsection (d) of Section 401 in any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or on any public way within 1,000 feet of the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or on any public way
within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or on a public way within 1,000 feet
of the real property comprising any of the following
places, buildings, or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities is guilty of a Class 1 felony,
the fine for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b)
of Section 404 in any school, or any conveyance owned,
leased or contracted by a school to transport students to
or from school or a school related activity, or
residential property owned, operated or and managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or and managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or on
any public way within 1,000 feet of the real property
comprising any school or residential property owned,
operated or and managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on a public way within 1,000 feet
of the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities
for senior citizens: nursing homes, assisted-living
centers, senior citizen housing complexes, or senior
centers oriented toward daytime activities, or on a
public way within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 2 felony, the fine for
which shall not exceed $200,000;
(4) subsection (f) of Section 401 in any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or and managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or on any public way within 1,000 feet of the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or on any public way
within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or on a public way within 1,000 feet
of the real property comprising any of the following
places, buildings, or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities is guilty of a Class 2 felony,
the fine for which shall not exceed $150,000;
(5) subsection (g) of Section 401 in any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or and managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or on any public way within 1,000 feet of the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or on any public way
within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or on a public way within 1,000 feet
of the real property comprising any of the following
places, buildings, or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities is guilty of a Class 2 felony,
the fine for which shall not exceed $125,000;
(6) subsection (h) of Section 401 in any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or and
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or on any public way within 1,000 feet of the real
property comprising any school or residential property
owned, operated or and managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or on any public way
within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or on a public way within 1,000 feet
of the real property comprising any of the following
places, buildings, or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities is guilty of a Class 2 felony,
the fine for which shall not exceed $100,000.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a school or on or within 1,000 feet
of school property, the time of day, time of year and whether
classes were currently in session at the time of the offense
is irrelevant.
(Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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