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91_HB0272
LRB9101560RCpc
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Article 24.6 and changing Section 24-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Article 24.6 and changing Section 24-1 as follows:
7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8 Sec. 24-1. Unlawful Use of Weapons.
9 (a) A person commits the offense of unlawful use of
10 weapons when he knowingly:
11 (1) Sells, manufactures, purchases, possesses or
12 carries any bludgeon, black-jack, slung-shot, sand-club,
13 sand-bag, metal knuckles, throwing star, or any knife,
14 commonly referred to as a switchblade knife, which has a
15 blade that opens automatically by hand pressure applied
16 to a button, spring or other device in the handle of the
17 knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the
21 same unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous
24 or deadly weapon or instrument of like character; or
25 (3) Carries on or about his person or in any
26 vehicle, a tear gas gun projector or bomb or any object
27 containing noxious liquid gas or substance, other than an
28 object containing a non-lethal noxious liquid gas or
29 substance designed solely for personal defense carried by
30 a person 18 years of age or older; or
31 (4) Carries or possesses in any vehicle or
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1 concealed on or about his person except when on his land
2 or in his own abode or fixed place of business any
3 pistol, revolver, stun gun or taser or other firearm; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the
7 report of any firearm or possesses a laser pointer as
8 defined in Section 24.6-5 of this Code that is attached
9 to or used in conjunction with a firearm; or
10 (7) Sells, manufactures, purchases, possesses or
11 carries:
12 (i) a machine gun, which shall be defined for
13 the purposes of this subsection as any weapon, which
14 shoots, is designed to shoot, or can be readily
15 restored to shoot, automatically more than one shot
16 without manually reloading by a single function of
17 the trigger, including the frame or receiver of any
18 such weapon, or sells, manufactures, purchases,
19 possesses, or carries any combination of parts
20 designed or intended for use in converting any
21 weapon into a machine gun, or any combination or
22 parts from which a machine gun can be assembled if
23 such parts are in the possession or under the
24 control of a person;
25 (ii) any rifle having one or more barrels less
26 than 16 inches in length or a shotgun having one or
27 more barrels less than 18 inches in length or any
28 weapon made from a rifle or shotgun, whether by
29 alteration, modification, or otherwise, if such a
30 weapon as modified has an overall length of less
31 than 26 inches; or
32 (iii) any bomb, bomb-shell, grenade, bottle or
33 other container containing an explosive substance of
34 over one-quarter ounce for like purposes, such as,
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1 but not limited to, black powder bombs and Molotov
2 cocktails or artillery projectiles; or
3 (8) Carries or possesses any firearm, stun gun or
4 taser or other deadly weapon in any place which is
5 licensed to sell intoxicating beverages, or at any public
6 gathering held pursuant to a license issued by any
7 governmental body or any public gathering at which an
8 admission is charged, excluding a place where a showing,
9 demonstration or lecture involving the exhibition of
10 unloaded firearms is conducted; or
11 (9) Carries or possesses in a vehicle or on or
12 about his person any pistol, revolver, stun gun or taser
13 or firearm or ballistic knife, when he is hooded, robed
14 or masked in such manner as to conceal his identity; or
15 (10) Carries or possesses on or about his person,
16 upon any public street, alley, or other public lands
17 within the corporate limits of a city, village or
18 incorporated town, except when an invitee thereon or
19 therein, for the purpose of the display of such weapon or
20 the lawful commerce in weapons, or except when on his
21 land or in his own abode or fixed place of business, any
22 pistol, revolver, stun gun or taser or other firearm.
23 A "stun gun or taser", as used in this paragraph (a)
24 means (i) any device which is powered by electrical
25 charging units, such as, batteries, and which fires one
26 or several barbs attached to a length of wire and which,
27 upon hitting a human, can send out a current capable of
28 disrupting the person's nervous system in such a manner
29 as to render him incapable of normal functioning or (ii)
30 any device which is powered by electrical charging units,
31 such as batteries, and which, upon contact with a human
32 or clothing worn by a human, can send out current capable
33 of disrupting the person's nervous system in such a
34 manner as to render him incapable of normal functioning;
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1 or
2 (11) Sells, manufactures or purchases any explosive
3 bullet. For purposes of this paragraph (a) "explosive
4 bullet" means the projectile portion of an ammunition
5 cartridge which contains or carries an explosive charge
6 which will explode upon contact with the flesh of a human
7 or an animal. "Cartridge" means a tubular metal case
8 having a projectile affixed at the front thereof and a
9 cap or primer at the rear end thereof, with the
10 propellant contained in such tube between the projectile
11 and the cap; or
12 (12) (Blank).
13 (b) Sentence. A person convicted of a violation of
14 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
15 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
16 Class A misdemeanor. A person convicted of a violation of
17 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
18 Class 4 felony; a person convicted of a violation of
19 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
20 Class 3 felony. A person convicted of a violation of
21 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
22 weapon is possessed in the passenger compartment of a motor
23 vehicle as defined in Section 1-146 of the Illinois Vehicle
24 Code, or on the person, while the weapon is loaded, in which
25 case it shall be a Class X felony. A person convicted of a
26 second or subsequent violation of subsection 24-1(a)(4),
27 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
28 (c) Violations in specific places.
29 (1) A person who violates subsection 24-1(a)(6) or
30 24-1(a)(7) in any school, regardless of the time of day
31 or the time of year, in residential property owned,
32 operated and managed by a public housing agency, in a
33 public park, in a courthouse, on the real property
34 comprising any school, regardless of the time of day or
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1 the time of year, on residential property owned,
2 operated and managed by a public housing agency, on the
3 real property comprising any public park, on the real
4 property comprising any courthouse, in any conveyance
5 owned, leased or contracted by a school to transport
6 students to or from school or a school related activity,
7 or on any public way within 1,000 feet of the real
8 property comprising any school, public park, courthouse,
9 or residential property owned, operated, and managed by a
10 public housing agency commits a Class 2 felony.
11 (1.5) A person who violates subsection 24-1(a)(4),
12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
13 the time of day or the time of year, in residential
14 property owned, operated, and managed by a public housing
15 agency, in a public park, in a courthouse, on the real
16 property comprising any school, regardless of the time of
17 day or the time of year, on residential property owned,
18 operated, and managed by a public housing agency, on the
19 real property comprising any public park, on the real
20 property comprising any courthouse, in any conveyance
21 owned, leased, or contracted by a school to transport
22 students to or from school or a school related activity,
23 or on any public way within 1,000 feet of the real
24 property comprising any school, public park, courthouse,
25 or residential property owned, operated, and managed by a
26 public housing agency commits a Class 3 felony.
27 (2) A person who violates subsection 24-1(a)(1),
28 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
29 the time of day or the time of year, in residential
30 property owned, operated and managed by a public housing
31 agency, in a public park, in a courthouse, on the real
32 property comprising any school, regardless of the time of
33 day or the time of year, on residential property owned,
34 operated and managed by a public housing agency, on the
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1 real property comprising any public park, on the real
2 property comprising any courthouse, in any conveyance
3 owned, leased or contracted by a school to transport
4 students to or from school or a school related activity,
5 or on any public way within 1,000 feet of the real
6 property comprising any school, public park, courthouse,
7 or residential property owned, operated, and managed by a
8 public housing agency commits a Class 4 felony.
9 "Courthouse" means any building that is used by the
10 Circuit, Appellate, or Supreme Court of this State for
11 the conduct of official business.
12 (3) Paragraphs (1), (1.5), and (2) of this
13 subsection (c) shall not apply to law enforcement
14 officers or security officers of such school, college, or
15 university or to students carrying or possessing firearms
16 for use in training courses, parades, hunting, target
17 shooting on school ranges, or otherwise with the consent
18 of school authorities and which firearms are transported
19 unloaded enclosed in a suitable case, box, or
20 transportation package.
21 (4) For the purposes of this subsection (c),
22 "school" means any public or private elementary or
23 secondary school, community college, college, or
24 university.
25 (d) The presence in an automobile other than a public
26 omnibus of any weapon, instrument or substance referred to in
27 subsection (a)(7) is prima facie evidence that it is in the
28 possession of, and is being carried by, all persons occupying
29 such automobile at the time such weapon, instrument or
30 substance is found, except under the following circumstances:
31 (i) if such weapon, instrument or instrumentality is found
32 upon the person of one of the occupants therein; or (ii) if
33 such weapon, instrument or substance is found in an
34 automobile operated for hire by a duly licensed driver in the
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1 due, lawful and proper pursuit of his trade, then such
2 presumption shall not apply to the driver.
3 (e) Exemptions. Crossbows, Common or Compound bows and
4 Underwater Spearguns are exempted from the definition of
5 ballistic knife as defined in paragraph (1) of subsection (a)
6 of this Section.
7 (Source: P.A. 90-686, eff. 1-1-99.)
8 (720 ILCS 5/Art. 24.6 heading new)
9 ARTICLE 24.6. LASER POINTERS
10 (720 ILCS 5/24.6-5 new)
11 Sec. 24.6-5. Definitions. In this Article:
12 "Juvenile" means a person under 18 years of age.
13 "Laser pointer" means a hand-held device that emits light
14 amplified by the stimulated emission of radiation that is
15 visible to the human eye.
16 (720 ILCS 5/24.6-10 new)
17 Sec. 24.6-10. Juvenile possession of a laser pointer.
18 (a) A person commits juvenile possession of a laser
19 pointer when he or she is a juvenile and possesses a laser
20 pointer.
21 (b) Sentence. Juvenile possession of a laser pointer is
22 a Class B misdemeanor.
23 (720 ILCS 5/24.6-15 new)
24 Sec. 24.6-15. Transferring a laser pointer to a
25 juvenile.
26 (a) A person commits transferring a laser pointer to a
27 juvenile when he or she gives, sells, offers to sell, or
28 causes a person to give, sell, or offer to sell a laser
29 pointer to a juvenile.
30 (b) Sentence. Transferring a laser pointer to a juvenile
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1 is a Class B misdemeanor.
2 (720 ILCS 5/24.6-20 new)
3 Sec. 24.6-20. Aiming a laser pointer at a peace officer.
4 (a) A person commits aiming a laser pointer at a peace
5 officer when he or she intentionally or knowingly aims an
6 operating laser pointer at a person he or she knows or
7 reasonably should know to be a peace officer.
8 (b) Sentence. Aiming a laser pointer at a peace officer
9 is a Class A misdemeanor.