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90_SB1189
20 ILCS 2630/5 from Ch. 38, par. 206-5
720 ILCS 5/24-1 from Ch. 38, par. 24-1
Amends the Criminal Identification Act and the Criminal
Code of 1961. Provides that a person who has not been
convicted of a felony or of any offense relating to the
unlawful use or possession of a firearm and who, in the past
5 years, has not been convicted of or given supervision for a
Class A or B misdemeanor and who pleads guilty to or is found
guilty of unlawful use of weapons regarding the possession of
firearms in a vehicle, concealed on or about his or her
person, or on a public street or public lands within the
corporate limits of a municipality may be sentenced to
probation without the court entering a judgment and with the
person's consent. If the person complies with the condition
of probation, the court shall discharge the person and
dismiss the proceeding against the person. Provides that the
records of arrest of that person shall not be expunged.
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LRB9005870RCmb
1 AN ACT in relation to firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5 changing Section 5 as follows:
6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
7 Sec. 5. Arrest reports; expungement.
8 (a) All policing bodies of this State shall furnish to
9 the Department, daily, in the form and detail the Department
10 requires, fingerprints and descriptions of all persons who
11 are arrested on charges of violating any penal statute of
12 this State for offenses that are classified as felonies and
13 Class A or B misdemeanors and of all minors who have been
14 arrested or taken into custody before their 17th birthday for
15 an offense that if committed by an adult would constitute the
16 offense of unlawful use of weapons under Article 24 of the
17 Criminal Code of 1961, a forcible felony as defined in
18 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
19 greater felony under the Cannabis Control Act, the Illinois
20 Controlled Substances Act, or Chapter 4 of the Illinois
21 Vehicle Code. Moving or nonmoving traffic violations under
22 the Illinois Vehicle Code shall not be reported except for
23 violations of Chapter 4, Section 11-204.1, or Section 11-501
24 of that Code. In addition, conservation offenses, as defined
25 in the Supreme Court Rule 501(c), that are classified as
26 Class B misdemeanors shall not be reported.
27 Whenever an adult or minor prosecuted as an adult, not
28 having previously been convicted of any criminal offense or
29 municipal ordinance violation, charged with a violation of a
30 municipal ordinance or a felony or misdemeanor, is acquitted
31 or released without being convicted, whether the acquittal or
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1 release occurred before, on, or after the effective date of
2 this amendatory Act of 1991, the Chief Judge of the circuit
3 wherein the charge was brought, any judge of that circuit
4 designated by the Chief Judge, or in counties of less than
5 3,000,000 inhabitants, the presiding trial judge at the
6 defendant's trial may upon verified petition of the defendant
7 order the record of arrest expunged from the official records
8 of the arresting authority and the Department and order that
9 the records of the clerk of the circuit court be sealed until
10 further order of the court upon good cause shown and the name
11 of the defendant obliterated on the official index required
12 to be kept by the circuit court clerk under Section 16 of the
13 Clerks of Courts Act, but the order shall not affect any
14 index issued by the circuit court clerk before the entry of
15 the order. The Department may charge the petitioner a fee
16 equivalent to the cost of processing any order to expunge or
17 seal the records, and the fee shall be deposited into the
18 State Police Services Fund. The records of those arrests,
19 however, that result in a disposition of supervision for any
20 offense shall not be expunged from the records of the
21 arresting authority or the Department nor impounded by the
22 court until 2 years after discharge and dismissal of
23 supervision. Those records that result from a supervision
24 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
25 11-503 of the Illinois Vehicle Code or a similar provision of
26 a local ordinance, or for a violation of Section 12-3.2,
27 12-15 or 16A-3 of the Criminal Code of 1961, or probation
28 under Section 10 of the Cannabis Control Act, Section 410 of
29 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
30 and (2) of the Criminal Code of 1961, Section 10-102 of the
31 Illinois Alcoholism and Other Drug Dependency Act when the
32 judgment of conviction has been vacated, Section 40-10 of the
33 Alcoholism and Other Drug Abuse and Dependency Act when the
34 judgment of conviction has been vacated, or Section 10 of the
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1 Steroid Control Act shall not be expunged from the records of
2 the arresting authority nor impounded by the court until 5
3 years after termination of probation or supervision. Those
4 records that result from a supervision for a violation of
5 Section 11-501 of the Illinois Vehicle Code or a similar
6 provision of a local ordinance, shall not be expunged. The
7 records of a person sentenced to probation under subsection
8 (b-5) of Section 24-1 of the Criminal Code of 1961 shall not
9 be expunged. All records set out above may be ordered by the
10 court to be expunged from the records of the arresting
11 authority and impounded by the court after 5 years, but shall
12 not be expunged by the Department, but shall, on court order
13 be sealed by the Department and may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's Attorney, and the court upon a later
16 arrest for the same or a similar offense or for the purpose
17 of sentencing for any subsequent felony. Upon conviction for
18 any offense, the Department of Corrections shall have access
19 to all sealed records of the Department pertaining to that
20 individual.
21 (b) Whenever a person has been convicted of a crime or
22 of the violation of a municipal ordinance, in the name of a
23 person whose identity he has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization, upon
26 learning of the person having been arrested using his
27 identity, may, upon verified petition to the chief judge of
28 the circuit wherein the arrest was made, have a court order
29 entered nunc pro tunc by the chief judge to correct the
30 arrest record, conviction record, if any, and all official
31 records of the arresting authority, the Department, other
32 criminal justice agencies, the prosecutor, and the trial
33 court concerning such arrest, if any, by removing his name
34 from all such records in connection with the arrest and
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1 conviction, if any, and by inserting in the records the name
2 of the offender, if known or ascertainable, in lieu of the
3 aggrieved's name. The records of the clerk of the circuit
4 court clerk shall be sealed until further order of the court
5 upon good cause shown and the name of the aggrieved person
6 obliterated on the official index required to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act, but the order shall not affect any index issued by the
9 circuit court clerk before the entry of the order. Nothing in
10 this Section shall limit the Department of State Police or
11 other criminal justice agencies or prosecutors from listing
12 under an offender's name the false names he or she has used.
13 For purposes of this Section, convictions for moving and
14 nonmoving traffic violations other than convictions for
15 violations of Chapter 4, Section 11-204.1 or Section 11-501
16 of the Illinois Vehicle Code shall not be a bar to expunging
17 the record of arrest and court records for violation of a
18 misdemeanor or municipal ordinance.
19 (c) Whenever a person who has been convicted of an
20 offense is granted a pardon by the Governor which
21 specifically authorizes expungement, he may, upon verified
22 petition to the chief judge of the circuit where the person
23 had been convicted, any judge of the circuit designated by
24 the Chief Judge, or in counties of less than 3,000,000
25 inhabitants, the presiding trial judge at the defendant's
26 trial, may have a court order entered expunging the record of
27 arrest from the official records of the arresting authority
28 and order that the records of the clerk of the circuit court
29 and the Department be sealed until further order of the court
30 upon good cause shown or as otherwise provided herein, and
31 the name of the defendant obliterated from the official index
32 requested to be kept by the circuit court clerk under Section
33 16 of the Clerks of Courts Act in connection with the arrest
34 and conviction for the offense for which he had been pardoned
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1 but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. All
3 records sealed by the Department may be disseminated by the
4 Department only as required by law or to the arresting
5 authority, the States Attorney, and the court upon a later
6 arrest for the same or similar offense or for the purpose of
7 sentencing for any subsequent felony. Upon conviction for
8 any subsequent offense, the Department of Corrections shall
9 have access to all sealed records of the Department
10 pertaining to that individual. Upon entry of the order of
11 expungement, the clerk of the circuit court shall promptly
12 mail a copy of the order to the person who was pardoned.
13 (d) Notice of the petition for subsections (a), (b), and
14 (c) shall be served upon the State's Attorney or prosecutor
15 charged with the duty of prosecuting the offense, the
16 Department of State Police, the arresting agency and the
17 chief legal officer of the unit of local government affecting
18 the arrest. Unless the State's Attorney or prosecutor, the
19 Department of State Police, the arresting agency or such
20 chief legal officer objects to the petition within 30 days
21 from the date of the notice, the court shall enter an order
22 granting or denying the petition. The clerk of the court
23 shall promptly mail a copy of the order to the person, the
24 arresting agency, the prosecutor, the Department of State
25 Police and such other criminal justice agencies as may be
26 ordered by the judge.
27 (e) Nothing herein shall prevent the Department of State
28 Police from maintaining all records of any person who is
29 admitted to probation upon terms and conditions and who
30 fulfills those terms and conditions pursuant to Section 10 of
31 the Cannabis Control Act, Section 410 of the Illinois
32 Controlled Substances Act, Section 12-4.3 of the Criminal
33 Code of 1961, Section 10-102 of the Illinois Alcoholism and
34 Other Drug Dependency Act, Section 40-10 of the Alcoholism
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1 and Other Drug Abuse and Dependency Act, or Section 10 of the
2 Steroid Control Act.
3 (f) No court order issued pursuant to the expungement
4 provisions of this Section shall become final for purposes of
5 appeal until 30 days after notice is received by the
6 Department. Any court order contrary to the provisions of
7 this Section is void.
8 (g) The court shall not order the sealing or expungement
9 of the arrest records and records of the circuit court clerk
10 of any person granted supervision for or convicted of any
11 sexual offense committed against a minor under 18 years of
12 age. For the purposes of this Section, "sexual offense
13 committed against a minor" includes but is not limited to the
14 offenses of indecent solicitation of a child or criminal
15 sexual abuse when the victim of such offense is under 18
16 years of age.
17 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
18 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
19 Section 10. The Criminal Code of 1961 is amended by
20 changing Section 24-1 as follows:
21 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
22 Sec. 24-1. Unlawful Use of Weapons.
23 (a) A person commits the offense of unlawful use of
24 weapons when he knowingly:
25 (1) Sells, manufactures, purchases, possesses or
26 carries any bludgeon, black-jack, slung-shot, sand-club,
27 sand-bag, metal knuckles, throwing star, or any knife,
28 commonly referred to as a switchblade knife, which has a
29 blade that opens automatically by hand pressure applied
30 to a button, spring or other device in the handle of the
31 knife, or a ballistic knife, which is a device that
32 propels a knifelike blade as a projectile by means of a
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1 coil spring, elastic material or compressed gas; or
2 (2) Carries or possesses with intent to use the
3 same unlawfully against another, a dagger, dirk, billy,
4 dangerous knife, razor, stiletto, broken bottle or other
5 piece of glass, stun gun or taser or any other dangerous
6 or deadly weapon or instrument of like character; or
7 (3) Carries on or about his person or in any
8 vehicle, a tear gas gun projector or bomb or any object
9 containing noxious liquid gas or substance, other than an
10 object containing a non-lethal noxious liquid gas or
11 substance designed solely for personal defense carried by
12 a person 18 years of age or older; or
13 (4) Carries or possesses in any vehicle or
14 concealed on or about his person except when on his land
15 or in his own abode or fixed place of business any
16 pistol, revolver, stun gun or taser or other firearm; or
17 (5) Sets a spring gun; or
18 (6) Possesses any device or attachment of any kind
19 designed, used or intended for use in silencing the
20 report of any firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for
24 the purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot
27 without manually reloading by a single function of
28 the trigger, including the frame or receiver of any
29 such weapon, or sells, manufactures, purchases,
30 possesses, or carries any combination of parts
31 designed or intended for use in converting any
32 weapon into a machine gun, or any combination or
33 parts from which a machine gun can be assembled if
34 such parts are in the possession or under the
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1 control of a person;
2 (ii) any rifle having one or more barrels less
3 than 16 inches in length or a shotgun having one or
4 more barrels less than 18 inches in length or any
5 weapon made from a rifle or shotgun, whether by
6 alteration, modification, or otherwise, if such a
7 weapon as modified has an overall length of less
8 than 26 inches; or
9 (iii) any bomb, bomb-shell, grenade, bottle or
10 other container containing an explosive substance of
11 over one-quarter ounce for like purposes, such as,
12 but not limited to, black powder bombs and Molotov
13 cocktails or artillery projectiles; or
14 (8) Carries or possesses any firearm, stun gun or
15 taser or other deadly weapon in any place which is
16 licensed to sell intoxicating beverages, or at any public
17 gathering held pursuant to a license issued by any
18 governmental body or any public gathering at which an
19 admission is charged, excluding a place where a showing,
20 demonstration or lecture involving the exhibition of
21 unloaded firearms is conducted; or
22 (9) Carries or possesses in a vehicle or on or
23 about his person any pistol, revolver, stun gun or taser
24 or firearm or ballistic knife, when he is hooded, robed
25 or masked in such manner as to conceal his identity; or
26 (10) Carries or possesses on or about his person,
27 upon any public street, alley, or other public lands
28 within the corporate limits of a city, village or
29 incorporated town, except when an invitee thereon or
30 therein, for the purpose of the display of such weapon or
31 the lawful commerce in weapons, or except when on his
32 land or in his own abode or fixed place of business, any
33 pistol, revolver, stun gun or taser or other firearm.
34 A "stun gun or taser", as used in this paragraph (a)
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1 means (i) any device which is powered by electrical
2 charging units, such as, batteries, and which fires one
3 or several barbs attached to a length of wire and which,
4 upon hitting a human, can send out a current capable of
5 disrupting the person's nervous system in such a manner
6 as to render him incapable of normal functioning or (ii)
7 any device which is powered by electrical charging units,
8 such as batteries, and which, upon contact with a human
9 or clothing worn by a human, can send out current capable
10 of disrupting the person's nervous system in such a
11 manner as to render him incapable of normal functioning;
12 or
13 (11) Sells, manufactures or purchases any explosive
14 bullet. For purposes of this paragraph (a) "explosive
15 bullet" means the projectile portion of an ammunition
16 cartridge which contains or carries an explosive charge
17 which will explode upon contact with the flesh of a human
18 or an animal. "Cartridge" means a tubular metal case
19 having a projectile affixed at the front thereof and a
20 cap or primer at the rear end thereof, with the
21 propellant contained in such tube between the projectile
22 and the cap; or
23 (12) (Blank).
24 (b) Sentence. A person convicted of a violation of
25 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
26 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
27 Class A misdemeanor. A person convicted of a violation of
28 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
29 Class 4 felony; a person convicted of a violation of
30 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
31 Class 3 felony. A person convicted of a violation of
32 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
33 weapon is possessed in the passenger compartment of a motor
34 vehicle as defined in Section 1-146 of the Illinois Vehicle
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1 Code, or on the person, while the weapon is loaded, in which
2 case it shall be a Class X felony. A person convicted of a
3 second or subsequent violation of subsection 24-1(a)(4),
4 24-1(a)(9), or 24-1(a)(10) or a person convicted of a
5 violation of subsection 24-1(a)(4) or 24-1(a)(10) who has
6 previously been sentenced to probation under subsection (b-5)
7 of this Section commits a Class 3 felony.
8 (b-5) Probation.
9 (1) Whenever a person pleads guilty to or is found
10 guilty of a violation of subsection (a)(4) or (a)(10) of
11 this Section, the court, without entering judgment and
12 with the consent of that person, may sentence him or her
13 to probation if:
14 (A) The person has not been convicted of any
15 offense relating to the unlawful use or possession
16 of a firearm or of any offense classified as a
17 felony in this or any other jurisdiction; and
18 (B) Within 5 years preceeding the date of the
19 current offense the person has not, other than for a
20 misdemeanor traffic-related offense, been convicted
21 of or given supervision for a Class A or B
22 misdemeanor in this State or of a federal law or law
23 of another state that permits the court to sentence
24 the offender to a term of imprisonment of 6 months
25 or greater; and
26 (C) Within 5 years preceeding the date of the
27 current offense the person has not been adjudicated
28 delinquent for any forcible felony, Class 2 or
29 greater felony, or any offense relating to the
30 unlawful use or possession of a firearm under the
31 laws of this State or similar laws of any other
32 jurisdiction; and
33 (D) The person at the time of the current
34 offense was otherwise in compliance with all federal
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1 laws and the laws of this State regarding the
2 possession or use of firearms and also was in
3 compliance with all county and municipal ordinances
4 regarding the possession or use of firearms of the
5 county or municipality wherein the offense occurred;
6 and
7 (E) The court is of the opinion that:
8 (i) the person is not likely to commit
9 further crimes;
10 (ii) the person and the public would best
11 be served if the person were not to receive a
12 criminal conviction; and
13 (iii) in the best interest of justice a
14 conviction without the entry of judgment is
15 more appropriate than a sentence otherwise
16 permitted under the Unified Code of
17 Corrections.
18 (2) When a person is placed on probation, the court
19 shall enter an order specifying a period of probation of
20 24 months and shall defer further proceedings in the case
21 until the conclusion of the period or until the filing of
22 a petition alleging violation of a term or condition of
23 probation.
24 (3) The conditions of probation shall be that the
25 person:
26 (i) not violate any criminal statute of any
27 jurisdiction;
28 (ii) refrain from possessing a firearm or other
29 dangerous weapon; and
30 (iii) perform no less than 30 hours of
31 community service, provided community service is
32 available in the jurisdiction and is funded and
33 approved by the county board.
34 (4) The court may, in addition to other conditions,
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1 require that the person:
2 (i) make a report to and appear in person
3 before or participate with the court or courts,
4 person, or social service agency as directed by the
5 court in the order of probation;
6 (ii) pay a fine and costs;
7 (iii) work or pursue a course of study or
8 vocational training;
9 (iv) undergo medical or psychiatric treatment
10 or treatment or rehabilitation approved by the
11 Department of Human Services;
12 (v) support his or her dependents; or
13 (vi) refrain from having in his or her body
14 the presence of an illicit drug prohibited by the
15 Cannabis Control Act or the Illinois Controlled
16 Substances Act, unless prescribed by a physician,
17 and submit samples of his or her blood or urine, or
18 both, for tests to determine the presence of any
19 illicit drug.
20 (5) Upon violation of a term or condition of
21 probation, the court may enter a judgment on its original
22 finding of guilt and proceed as otherwise provided.
23 (6) Upon fulfillment of the terms and conditions of
24 probation, the court shall discharge the person and
25 dismiss the proceedings against him or her.
26 (7) A disposition of probation is considered to be
27 a conviction for the purposes of imposing the conditions
28 of probation and for appeal; however, discharge and
29 dismissal under this subsection (b-5) is not a conviction
30 for purposes of this Code or for purposes of
31 disqualifications or disabilities imposed by law upon
32 conviction of a crime. If, however, the person is
33 convicted of any offense within 10 years of a discharge
34 and dismissal under this subsection (b-5), the discharge
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1 and dismissal shall be admissible in the sentencing
2 proceeding for that conviction as evidence in
3 aggravation.
4 (8) There may be only one discharge and dismissal
5 under this subsection (b-5) with respect to any person.
6 (c) Violations in specific places.
7 (1) A person who violates subsection 24-1(a)(6) or
8 24-1(a)(7) in any school, regardless of the time of day
9 or the time of year, in residential property owned,
10 operated and managed by a public housing agency, in a
11 public park, in a courthouse, on the real property
12 comprising any school, regardless of the time of day or
13 the time of year, on residential property owned,
14 operated and managed by a public housing agency, on the
15 real property comprising any public park, on the real
16 property comprising any courthouse, in any conveyance
17 owned, leased or contracted by a school to transport
18 students to or from school or a school related activity,
19 or on any public way within 1,000 feet of the real
20 property comprising any school, public park, courthouse,
21 or residential property owned, operated, and managed by a
22 public housing agency commits a Class 2 felony.
23 (1.5) A person who violates subsection 24-1(a)(4),
24 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
25 the time of day or the time of year, in residential
26 property owned, operated, and managed by a public housing
27 agency, in a public park, in a courthouse, on the real
28 property comprising any school, regardless of the time of
29 day or the time of year, on residential property owned,
30 operated, and managed by a public housing agency, on the
31 real property comprising any public park, on the real
32 property comprising any courthouse, in any conveyance
33 owned, leased, or contracted by a school to transport
34 students to or from school or a school related activity,
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1 or on any public way within 1,000 feet of the real
2 property comprising any school, public park, courthouse,
3 or residential property owned, operated, and managed by a
4 public housing agency commits a Class 3 felony.
5 (2) A person who violates subsection 24-1(a)(1) or
6 24-1(a)(3) in any school, regardless of the time of day
7 or the time of year, in residential property owned,
8 operated and managed by a public housing agency, in a
9 public park, in a courthouse, on the real property
10 comprising any school, regardless of the time of day or
11 the time of year, on residential property owned, operated
12 and managed by a public housing agency, on the real
13 property comprising any public park, on the real property
14 comprising any courthouse, in any conveyance owned,
15 leased or contracted by a school to transport students to
16 or from school or a school related activity, or on any
17 public way within 1,000 feet of the real property
18 comprising any school, public park, courthouse, or
19 residential property owned, operated, and managed by a
20 public housing agency commits a Class 4 felony.
21 "Courthouse" means any building that is used by the
22 Circuit, Appellate, or Supreme Court of this State for
23 the conduct of official business.
24 (3) Paragraphs (1), (1.5), and (2) of this
25 subsection (c) shall not apply to law enforcement
26 officers or security officers of such school, college, or
27 university or to students carrying or possessing firearms
28 for use in training courses, parades, hunting, target
29 shooting on school ranges, or otherwise with the consent
30 of school authorities and which firearms are transported
31 unloaded enclosed in a suitable case, box, or
32 transportation package.
33 (4) For the purposes of this subsection (c),
34 "school" means any public or private elementary or
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1 secondary school, community college, college, or
2 university.
3 (d) The presence in an automobile other than a public
4 omnibus of any weapon, instrument or substance referred to in
5 subsection (a)(7) is prima facie evidence that it is in the
6 possession of, and is being carried by, all persons occupying
7 such automobile at the time such weapon, instrument or
8 substance is found, except under the following circumstances:
9 (i) if such weapon, instrument or instrumentality is found
10 upon the person of one of the occupants therein; or (ii) if
11 such weapon, instrument or substance is found in an
12 automobile operated for hire by a duly licensed driver in the
13 due, lawful and proper pursuit of his trade, then such
14 presumption shall not apply to the driver.
15 (e) Exemptions. Crossbows, Common or Compound bows and
16 Underwater Spearguns are exempted from the definition of
17 ballistic knife as defined in paragraph (1) of subsection (a)
18 of this Section.
19 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
20 12-2-94; 88-680, eff. 1-1-95.)