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91_SB0847
SDS/910003/CTdo
1 AN ACT in relation to various offenses committed on
2 properties leased by public housing agencies.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-130 as follows:
7 (705 ILCS 405/5-130)
8 Sec. 5-130. Excluded jurisdiction.
9 (1) (a) The definition of delinquent minor under Section
10 5-120 of this Article shall not apply to any minor who at the
11 time of an offense was at least 15 years of age and who is
12 charged with first degree murder, aggravated criminal sexual
13 assault, armed robbery when the armed robbery was committed
14 with a firearm, or aggravated vehicular hijacking when the
15 hijacking was committed with a firearm. These charges and all
16 other charges arising out of the same incident shall be
17 prosecuted under the criminal laws of this State.
18 (b) (i) If before trial or plea an information or
19 indictment is filed that does not charge an offense specified
20 in paragraph (a) of this subsection (1) the State's Attorney
21 may proceed on any lesser charge or charges, but only in
22 Juvenile Court under the provisions of this Article. The
23 State's Attorney may proceed under the Criminal Code of 1961
24 on a lesser charge if before trial the minor defendant
25 knowingly and with advice of counsel waives, in writing, his
26 or her right to have the matter proceed in Juvenile Court.
27 (ii) If before trial or plea an information or
28 indictment is filed that includes one or more charges
29 specified in paragraph (a) of this subsection (1) and
30 additional charges that are not specified in that paragraph,
31 all of the charges arising out of the same incident shall be
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1 prosecuted under the Criminal Code of 1961.
2 (c) (i) If after trial or plea the minor is convicted of
3 any offense covered by paragraph (a) of this subsection (1),
4 then, in sentencing the minor, the court shall have available
5 any or all dispositions prescribed for that offense under
6 Chapter V of the Unified Code of Corrections.
7 (ii) If after trial or plea the court finds that the
8 minor committed an offense not covered by paragraph (a) of
9 this subsection (1), that finding shall not invalidate the
10 verdict or the prosecution of the minor under the criminal
11 laws of the State; however, unless the State requests a
12 hearing for the purpose of sentencing the minor under Chapter
13 V of the Unified Code of Corrections, the Court must proceed
14 under Sections 5-705 and 5-710 of this Article. To request a
15 hearing, the State must file a written motion within 10 days
16 following the entry of a finding or the return of a verdict.
17 Reasonable notice of the motion shall be given to the minor
18 or his or her counsel. If the motion is made by the State,
19 the court shall conduct a hearing to determine if the minor
20 should be sentenced under Chapter V of the Unified Code of
21 Corrections. In making its determination, the court shall
22 consider among other matters: (a) whether there is evidence
23 that the offense was committed in an aggressive and
24 premeditated manner; (b) the age of the minor; (c) the
25 previous history of the minor; (d) whether there are
26 facilities particularly available to the Juvenile Court or
27 the Department of Corrections, Juvenile Division, for the
28 treatment and rehabilitation of the minor; (e) whether the
29 security of the public requires sentencing under Chapter V of
30 the Unified Code of Corrections; and (f) whether the minor
31 possessed a deadly weapon when committing the offense. The
32 rules of evidence shall be the same as if at trial. If after
33 the hearing the court finds that the minor should be
34 sentenced under Chapter V of the Unified Code of Corrections,
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1 then the court shall sentence the minor accordingly having
2 available to it any or all dispositions so prescribed.
3 (2) (a) The definition of a delinquent minor under
4 Section 5-120 of this Article shall not apply to any minor
5 who at the time of the offense was at least 15 years of age
6 and who is charged with an offense under Section 401 of the
7 Illinois Controlled Substances Act, while in a school,
8 regardless of the time of day or the time of year, or any
9 conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated or and
12 managed by a public housing agency or leased by a public
13 housing agency as part of a scattered site or mixed-income
14 development, on the real property comprising any school,
15 regardless of the time of day or the time of year, or
16 residential property owned, operated or and managed by a
17 public housing agency or leased by a public housing agency as
18 part of a scattered site or mixed-income development, or on a
19 public way within 1,000 feet of the real property comprising
20 any school, regardless of the time of day or the time of
21 year, or residential property owned, operated or and managed
22 by a public housing agency or leased by a public housing
23 agency as part of a scattered site or mixed-income
24 development. School is defined, for the purposes of this
25 Section, as any public or private elementary or secondary
26 school, community college, college, or university. These
27 charges and all other charges arising out of the same
28 incident shall be prosecuted under the criminal laws of this
29 State.
30 (b) (i) If before trial or plea an information or
31 indictment is filed that does not charge an offense specified
32 in paragraph (a) of this subsection (2) the State's Attorney
33 may proceed on any lesser charge or charges, but only in
34 Juvenile Court under the provisions of this Article. The
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1 State's Attorney may proceed under the criminal laws of this
2 State on a lesser charge if before trial the minor defendant
3 knowingly and with advice of counsel waives, in writing, his
4 or her right to have the matter proceed in Juvenile Court.
5 (ii) If before trial or plea an information or
6 indictment is filed that includes one or more charges
7 specified in paragraph (a) of this subsection (2) and
8 additional charges that are not specified in that paragraph,
9 all of the charges arising out of the same incident shall be
10 prosecuted under the criminal laws of this State.
11 (c) (i) If after trial or plea the minor is convicted of
12 any offense covered by paragraph (a) of this subsection (2),
13 then, in sentencing the minor, the court shall have available
14 any or all dispositions prescribed for that offense under
15 Chapter V of the Unified Code of Corrections.
16 (ii) If after trial or plea the court finds that the
17 minor committed an offense not covered by paragraph (a) of
18 this subsection (2), that finding shall not invalidate the
19 verdict or the prosecution of the minor under the criminal
20 laws of the State; however, unless the State requests a
21 hearing for the purpose of sentencing the minor under Chapter
22 V of the Unified Code of Corrections, the Court must proceed
23 under Sections 5-705 and 5-710 of this Article. To request a
24 hearing, the State must file a written motion within 10 days
25 following the entry of a finding or the return of a verdict.
26 Reasonable notice of the motion shall be given to the minor
27 or his or her counsel. If the motion is made by the State,
28 the court shall conduct a hearing to determine if the minor
29 should be sentenced under Chapter V of the Unified Code of
30 Corrections. In making its determination, the court shall
31 consider among other matters: (a) whether there is evidence
32 that the offense was committed in an aggressive and
33 premeditated manner; (b) the age of the minor; (c) the
34 previous history of the minor; (d) whether there are
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1 facilities particularly available to the Juvenile Court or
2 the Department of Corrections, Juvenile Division, for the
3 treatment and rehabilitation of the minor; (e) whether the
4 security of the public requires sentencing under Chapter V of
5 the Unified Code of Corrections; and (f) whether the minor
6 possessed a deadly weapon when committing the offense. The
7 rules of evidence shall be the same as if at trial. If after
8 the hearing the court finds that the minor should be
9 sentenced under Chapter V of the Unified Code of Corrections,
10 then the court shall sentence the minor accordingly having
11 available to it any or all dispositions so prescribed.
12 (3) (a) The definition of delinquent minor under Section
13 5-120 of this Article shall not apply to any minor who at the
14 time of the offense was at least 15 years of age and who is
15 charged with a violation of the provisions of paragraph (1),
16 (3), (4), or (10) of subsection (a) of Section 24-1 of the
17 Criminal Code of 1961 while in school, regardless of the time
18 of day or the time of year, or on the real property
19 comprising any school, regardless of the time of day or the
20 time of year. School is defined, for purposes of this Section
21 as any public or private elementary or secondary school,
22 community college, college, or university. These charges and
23 all other charges arising out of the same incident shall be
24 prosecuted under the criminal laws of this State.
25 (b) (i) If before trial or plea an information or
26 indictment is filed that does not charge an offense specified
27 in paragraph (a) of this subsection (3) the State's Attorney
28 may proceed on any lesser charge or charges, but only in
29 Juvenile Court under the provisions of this Article. The
30 State's Attorney may proceed under the criminal laws of this
31 State on a lesser charge if before trial the minor defendant
32 knowingly and with advice of counsel waives, in writing, his
33 or her right to have the matter proceed in Juvenile Court.
34 (ii) If before trial or plea an information or
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1 indictment is filed that includes one or more charges
2 specified in paragraph (a) of this subsection (3) and
3 additional charges that are not specified in that paragraph,
4 all of the charges arising out of the same incident shall be
5 prosecuted under the criminal laws of this State.
6 (c) (i) If after trial or plea the minor is convicted of
7 any offense covered by paragraph (a) of this subsection (3),
8 then, in sentencing the minor, the court shall have available
9 any or all dispositions prescribed for that offense under
10 Chapter V of the Unified Code of Corrections.
11 (ii) If after trial or plea the court finds that the
12 minor committed an offense not covered by paragraph (a) of
13 this subsection (3), that finding shall not invalidate the
14 verdict or the prosecution of the minor under the criminal
15 laws of the State; however, unless the State requests a
16 hearing for the purpose of sentencing the minor under Chapter
17 V of the Unified Code of Corrections, the Court must proceed
18 under Sections 5-705 and 5-710 of this Article. To request a
19 hearing, the State must file a written motion within 10 days
20 following the entry of a finding or the return of a verdict.
21 Reasonable notice of the motion shall be given to the minor
22 or his or her counsel. If the motion is made by the State,
23 the court shall conduct a hearing to determine if the minor
24 should be sentenced under Chapter V of the Unified Code of
25 Corrections. In making its determination, the court shall
26 consider among other matters: (a) whether there is evidence
27 that the offense was committed in an aggressive and
28 premeditated manner; (b) the age of the minor; (c) the
29 previous history of the minor; (d) whether there are
30 facilities particularly available to the Juvenile Court or
31 the Department of Corrections, Juvenile Division, for the
32 treatment and rehabilitation of the minor; (e) whether the
33 security of the public requires sentencing under Chapter V of
34 the Unified Code of Corrections; and (f) whether the minor
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1 possessed a deadly weapon when committing the offense. The
2 rules of evidence shall be the same as if at trial. If after
3 the hearing the court finds that the minor should be
4 sentenced under Chapter V of the Unified Code of Corrections,
5 then the court shall sentence the minor accordingly having
6 available to it any or all dispositions so prescribed.
7 (4) (a) The definition of delinquent minor under Section
8 5-120 of this Article shall not apply to any minor who at the
9 time of an offense was at least 13 years of age and who is
10 charged with first degree murder committed during the course
11 of either aggravated criminal sexual assault, criminal sexual
12 assault, or aggravated kidnaping. However, this subsection
13 (4) does not include a minor charged with first degree murder
14 based exclusively upon the accountability provisions of the
15 Criminal Code of 1961.
16 (b) (i) If before trial or plea an information or
17 indictment is filed that does not charge first degree murder
18 committed during the course of aggravated criminal sexual
19 assault, criminal sexual assault, or aggravated kidnaping,
20 the State's Attorney may proceed on any lesser charge or
21 charges, but only in Juvenile Court under the provisions of
22 this Article. The State's Attorney may proceed under the
23 criminal laws of this State on a lesser charge if before
24 trial the minor defendant knowingly and with advice of
25 counsel waives, in writing, his or her right to have the
26 matter proceed in Juvenile Court.
27 (ii) If before trial or plea an information or
28 indictment is filed that includes first degree murder
29 committed during the course of aggravated criminal sexual
30 assault, criminal sexual assault, or aggravated kidnaping,
31 and additional charges that are not specified in paragraph
32 (a) of this subsection, all of the charges arising out of the
33 same incident shall be prosecuted under the criminal laws of
34 this State.
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1 (c) (i) If after trial or plea the minor is convicted of
2 first degree murder committed during the course of aggravated
3 criminal sexual assault, criminal sexual assault, or
4 aggravated kidnaping, in sentencing the minor, the court
5 shall have available any or all dispositions prescribed for
6 that offense under Chapter V of the Unified Code of
7 Corrections.
8 (ii) If the minor was not yet 15 years of age at the
9 time of the offense, and if after trial or plea the court
10 finds that the minor committed an offense other than first
11 degree murder committed during the course of either
12 aggravated criminal sexual assault, criminal sexual assault,
13 or aggravated kidnapping, the finding shall not invalidate
14 the verdict or the prosecution of the minor under the
15 criminal laws of the State; however, unless the State
16 requests a hearing for the purpose of sentencing the minor
17 under Chapter V of the Unified Code of Corrections, the Court
18 must proceed under Sections 5-705 and 5-710 of this Article.
19 To request a hearing, the State must file a written motion
20 within 10 days following the entry of a finding or the return
21 of a verdict. Reasonable notice of the motion shall be given
22 to the minor or his or her counsel. If the motion is made by
23 the State, the court shall conduct a hearing to determine
24 whether the minor should be sentenced under Chapter V of the
25 Unified Code of Corrections. In making its determination,
26 the court shall consider among other matters: (a) whether
27 there is evidence that the offense was committed in an
28 aggressive and premeditated manner; (b) the age of the
29 minor; (c) the previous delinquent history of the minor;
30 (d) whether there are facilities particularly available to
31 the Juvenile Court or the Department of Corrections, Juvenile
32 Division, for the treatment and rehabilitation of the minor;
33 (e) whether the best interest of the minor and the security
34 of the public require sentencing under Chapter V of the
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1 Unified Code of Corrections; and (f) whether the minor
2 possessed a deadly weapon when committing the offense. The
3 rules of evidence shall be the same as if at trial. If after
4 the hearing the court finds that the minor should be
5 sentenced under Chapter V of the Unified Code of Corrections,
6 then the court shall sentence the minor accordingly having
7 available to it any or all dispositions so prescribed.
8 (5) (a) The definition of delinquent minor under Section
9 5-120 of this Article shall not apply to any minor who is
10 charged with a violation of subsection (a) of Section 31-6 or
11 Section 32-10 of the Criminal Code of 1961 when the minor is
12 subject to prosecution under the criminal laws of this State
13 as a result of the application of the provisions of Section
14 5-125, or subsection (1) or (2) of this Section. These
15 charges and all other charges arising out of the same
16 incident shall be prosecuted under the criminal laws of this
17 State.
18 (b) (i) If before trial or plea an information or
19 indictment is filed that does not charge an offense specified
20 in paragraph (a) of this subsection (5), the State's Attorney
21 may proceed on any lesser charge or charges, but only in
22 Juvenile Court under the provisions of this Article. The
23 State's Attorney may proceed under the criminal laws of this
24 State on a lesser charge if before trial the minor defendant
25 knowingly and with advice of counsel waives, in writing, his
26 or her right to have the matter proceed in Juvenile Court.
27 (ii) If before trial or plea an information or
28 indictment is filed that includes one or more charges
29 specified in paragraph (a) of this subsection (5) and
30 additional charges that are not specified in that paragraph,
31 all of the charges arising out of the same incident shall be
32 prosecuted under the criminal laws of this State.
33 (c) (i) If after trial or plea the minor is convicted of
34 any offense covered by paragraph (a) of this subsection (5),
-10- SDS/910003/CTdo
1 then, in sentencing the minor, the court shall have available
2 any or all dispositions prescribed for that offense under
3 Chapter V of the Unified Code of Corrections.
4 (ii) If after trial or plea the court finds that the
5 minor committed an offense not covered by paragraph (a) of
6 this subsection (5), the conviction shall not invalidate the
7 verdict or the prosecution of the minor under the criminal
8 laws of this State; however, unless the State requests a
9 hearing for the purpose of sentencing the minor under Chapter
10 V of the Unified Code of Corrections, the Court must proceed
11 under Sections 5-705 and 5-710 of this Article. To request a
12 hearing, the State must file a written motion within 10 days
13 following the entry of a finding or the return of a verdict.
14 Reasonable notice of the motion shall be given to the minor
15 or his or her counsel. If the motion is made by the State,
16 the court shall conduct a hearing to determine if whether the
17 minor should be sentenced under Chapter V of the Unified Code
18 of Corrections. In making its determination, the court shall
19 consider among other matters: (a) whether there is evidence
20 that the offense was committed in an aggressive and
21 premeditated manner; (b) the age of the minor; (c) the
22 previous delinquent history of the minor; (d) whether there
23 are facilities particularly available to the Juvenile Court
24 or the Department of Corrections, Juvenile Division, for the
25 treatment and rehabilitation of the minor; (e) whether the
26 security of the public requires sentencing under Chapter V of
27 the Unified Code of Corrections; and (f) whether the minor
28 possessed a deadly weapon when committing the offense. The
29 rules of evidence shall be the same as if at trial. If after
30 the hearing the court finds that the minor should be
31 sentenced under Chapter V of the Unified Code of Corrections,
32 then the court shall sentence the minor accordingly having
33 available to it any or all dispositions so prescribed.
34 (6) The definition of delinquent minor under Section
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1 5-120 of this Article shall not apply to any minor who,
2 pursuant to subsection (1), (2), or (3) or Section 5-805, or
3 5-810, has previously been placed under the jurisdiction of
4 the criminal court and has been convicted of a crime under an
5 adult criminal or penal statute. Such a minor shall be
6 subject to prosecution under the criminal laws of this State.
7 (7) The procedures set out in this Article for the
8 investigation, arrest and prosecution of juvenile offenders
9 shall not apply to minors who are excluded from jurisdiction
10 of the Juvenile Court, except that minors under 17 years of
11 age shall be kept separate from confined adults.
12 (8) Nothing in this Act prohibits or limits the
13 prosecution of any minor for an offense committed on or after
14 his or her 17th birthday even though he or she is at the time
15 of the offense a ward of the court.
16 (9) If an original petition for adjudication of wardship
17 alleges the commission by a minor 13 years of age or over of
18 an act that constitutes a crime under the laws of this State,
19 the minor, with the consent of his or her counsel, may, at
20 any time before commencement of the adjudicatory hearing,
21 file with the court a motion that criminal prosecution be
22 ordered and that the petition be dismissed insofar as the act
23 or acts involved in the criminal proceedings are concerned.
24 If such a motion is filed as herein provided, the court shall
25 enter its order accordingly.
26 (Source: P.A. 90-590, eff. 1-1-99.)
27 Section 10. The Criminal Code of 1961 is amended by
28 changing Sections 24-1 and 24-3 as follows:
29 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
30 Sec. 24-1. Unlawful Use of Weapons.
31 (a) A person commits the offense of unlawful use of
32 weapons when he knowingly:
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1 (1) Sells, manufactures, purchases, possesses or
2 carries any bludgeon, black-jack, slung-shot, sand-club,
3 sand-bag, metal knuckles, throwing star, or any knife,
4 commonly referred to as a switchblade knife, which has a
5 blade that opens automatically by hand pressure applied
6 to a button, spring or other device in the handle of the
7 knife, or a ballistic knife, which is a device that
8 propels a knifelike blade as a projectile by means of a
9 coil spring, elastic material or compressed gas; or
10 (2) Carries or possesses with intent to use the
11 same unlawfully against another, a dagger, dirk, billy,
12 dangerous knife, razor, stiletto, broken bottle or other
13 piece of glass, stun gun or taser or any other dangerous
14 or deadly weapon or instrument of like character; or
15 (3) Carries on or about his person or in any
16 vehicle, a tear gas gun projector or bomb or any object
17 containing noxious liquid gas or substance, other than an
18 object containing a non-lethal noxious liquid gas or
19 substance designed solely for personal defense carried by
20 a person 18 years of age or older; or
21 (4) Carries or possesses in any vehicle or
22 concealed on or about his person except when on his land
23 or in his own abode or fixed place of business any
24 pistol, revolver, stun gun or taser or other firearm; or
25 (5) Sets a spring gun; or
26 (6) Possesses any device or attachment of any kind
27 designed, used or intended for use in silencing the
28 report of any firearm; or
29 (7) Sells, manufactures, purchases, possesses or
30 carries:
31 (i) a machine gun, which shall be defined for
32 the purposes of this subsection as any weapon, which
33 shoots, is designed to shoot, or can be readily
34 restored to shoot, automatically more than one shot
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1 without manually reloading by a single function of
2 the trigger, including the frame or receiver of any
3 such weapon, or sells, manufactures, purchases,
4 possesses, or carries any combination of parts
5 designed or intended for use in converting any
6 weapon into a machine gun, or any combination or
7 parts from which a machine gun can be assembled if
8 such parts are in the possession or under the
9 control of a person;
10 (ii) any rifle having one or more barrels less
11 than 16 inches in length or a shotgun having one or
12 more barrels less than 18 inches in length or any
13 weapon made from a rifle or shotgun, whether by
14 alteration, modification, or otherwise, if such a
15 weapon as modified has an overall length of less
16 than 26 inches; or
17 (iii) any bomb, bomb-shell, grenade, bottle or
18 other container containing an explosive substance of
19 over one-quarter ounce for like purposes, such as,
20 but not limited to, black powder bombs and Molotov
21 cocktails or artillery projectiles; or
22 (8) Carries or possesses any firearm, stun gun or
23 taser or other deadly weapon in any place which is
24 licensed to sell intoxicating beverages, or at any public
25 gathering held pursuant to a license issued by any
26 governmental body or any public gathering at which an
27 admission is charged, excluding a place where a showing,
28 demonstration or lecture involving the exhibition of
29 unloaded firearms is conducted; or
30 (9) Carries or possesses in a vehicle or on or
31 about his person any pistol, revolver, stun gun or taser
32 or firearm or ballistic knife, when he is hooded, robed
33 or masked in such manner as to conceal his identity; or
34 (10) Carries or possesses on or about his person,
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1 upon any public street, alley, or other public lands
2 within the corporate limits of a city, village or
3 incorporated town, except when an invitee thereon or
4 therein, for the purpose of the display of such weapon or
5 the lawful commerce in weapons, or except when on his
6 land or in his own abode or fixed place of business, any
7 pistol, revolver, stun gun or taser or other firearm.
8 A "stun gun or taser", as used in this paragraph (a)
9 means (i) any device which is powered by electrical
10 charging units, such as, batteries, and which fires one
11 or several barbs attached to a length of wire and which,
12 upon hitting a human, can send out a current capable of
13 disrupting the person's nervous system in such a manner
14 as to render him incapable of normal functioning or (ii)
15 any device which is powered by electrical charging units,
16 such as batteries, and which, upon contact with a human
17 or clothing worn by a human, can send out current capable
18 of disrupting the person's nervous system in such a
19 manner as to render him incapable of normal functioning;
20 or
21 (11) Sells, manufactures or purchases any explosive
22 bullet. For purposes of this paragraph (a) "explosive
23 bullet" means the projectile portion of an ammunition
24 cartridge which contains or carries an explosive charge
25 which will explode upon contact with the flesh of a human
26 or an animal. "Cartridge" means a tubular metal case
27 having a projectile affixed at the front thereof and a
28 cap or primer at the rear end thereof, with the
29 propellant contained in such tube between the projectile
30 and the cap; or
31 (12) (Blank).
32 (b) Sentence. A person convicted of a violation of
33 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
34 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
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1 Class A misdemeanor. A person convicted of a violation of
2 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
3 Class 4 felony; a person convicted of a violation of
4 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
5 Class 3 felony. A person convicted of a violation of
6 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
7 weapon is possessed in the passenger compartment of a motor
8 vehicle as defined in Section 1-146 of the Illinois Vehicle
9 Code, or on the person, while the weapon is loaded, in which
10 case it shall be a Class X felony. A person convicted of a
11 second or subsequent violation of subsection 24-1(a)(4),
12 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
13 (c) Violations in specific places.
14 (1) A person who violates subsection 24-1(a)(6) or
15 24-1(a)(7) in any school, regardless of the time of day
16 or the time of year, in residential property owned,
17 operated or and managed by a public housing agency or
18 leased by a public housing agency as part of a scattered
19 site or mixed-income development, in a public park, in a
20 courthouse, on the real property comprising any school,
21 regardless of the time of day or the time of year, on
22 residential property owned, operated or and managed by a
23 public housing agency or leased by a public housing
24 agency as part of a scattered site or mixed-income
25 development, on the real property comprising any public
26 park, on the real property comprising any courthouse, in
27 any conveyance owned, leased or contracted by a school to
28 transport students to or from school or a school related
29 activity, or on any public way within 1,000 feet of the
30 real property comprising any school, public park,
31 courthouse, or residential property owned, operated, or
32 and managed by a public housing agency or leased by a
33 public housing agency as part of a scattered site or
34 mixed-income development commits a Class 2 felony.
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1 (1.5) A person who violates subsection 24-1(a)(4),
2 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
3 the time of day or the time of year, in residential
4 property owned, operated, or and managed by a public
5 housing agency or leased by a public housing agency as
6 part of a scattered site or mixed-income development, in
7 a public park, in a courthouse, on the real property
8 comprising any school, regardless of the time of day or
9 the time of year, on residential property owned,
10 operated, or and managed by a public housing agency or
11 leased by a public housing agency as part of a scattered
12 site or mixed-income development, on the real property
13 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
16 to 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, or and managed by a
20 public housing agency or leased by a public housing
21 agency as part of a scattered site or mixed-income
22 development commits a Class 3 felony.
23 (2) A person who violates subsection 24-1(a)(1),
24 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
25 the time of day or the time of year, in residential
26 property owned, operated or and managed by a public
27 housing agency or leased by a public housing agency as
28 part of a scattered site or mixed-income development, in
29 a public park, in a courthouse, on the real property
30 comprising any school, regardless of the time of day or
31 the time of year, on residential property owned, operated
32 or and managed by a public housing agency or leased by a
33 public housing agency as part of a scattered site or
34 mixed-income development, on the real property comprising
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1 any public park, on the real property comprising any
2 courthouse, in any conveyance owned, leased or contracted
3 by a school to transport students to or from school or a
4 school related activity, or on any public way within
5 1,000 feet of the real property comprising any school,
6 public park, courthouse, or residential property owned,
7 operated, or and managed by a public housing agency or
8 leased by a public housing agency as part of a scattered
9 site or mixed-income development commits a Class 4
10 felony. "Courthouse" means any building that is used by
11 the Circuit, Appellate, or Supreme Court of this State
12 for the conduct of official business.
13 (3) Paragraphs (1), (1.5), and (2) of this
14 subsection (c) shall not apply to law enforcement
15 officers or security officers of such school, college, or
16 university or to students carrying or possessing firearms
17 for use in training courses, parades, hunting, target
18 shooting on school ranges, or otherwise with the consent
19 of school authorities and which firearms are transported
20 unloaded enclosed in a suitable case, box, or
21 transportation package.
22 (4) For the purposes of this subsection (c),
23 "school" means any public or private elementary or
24 secondary school, community college, college, or
25 university.
26 (d) The presence in an automobile other than a public
27 omnibus of any weapon, instrument or substance referred to in
28 subsection (a)(7) is prima facie evidence that it is in the
29 possession of, and is being carried by, all persons occupying
30 such automobile at the time such weapon, instrument or
31 substance is found, except under the following circumstances:
32 (i) if such weapon, instrument or instrumentality is found
33 upon the person of one of the occupants therein; or (ii) if
34 such weapon, instrument or substance is found in an
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1 automobile operated for hire by a duly licensed driver in the
2 due, lawful and proper pursuit of his trade, then such
3 presumption shall not apply to the driver.
4 (e) Exemptions. Crossbows, Common or Compound bows and
5 Underwater Spearguns are exempted from the definition of
6 ballistic knife as defined in paragraph (1) of subsection (a)
7 of this Section.
8 (Source: P.A. 90-686, eff. 1-1-99.)
9 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
10 Sec. 24-3. Unlawful Sale of Firearms. A person commits
11 the offense of unlawful sale of firearms when he knowingly:
12 (a) Sells or gives any firearm of a size which may be
13 concealed upon the person to any person under 18 years of
14 age; or
15 (b) Sells or gives any firearm to a person under 21
16 years of age who has been convicted of a misdemeanor other
17 than a traffic offense or adjudged delinquent; or
18 (c) Sells or gives any firearm to any narcotic addict;
19 or
20 (d) Sells or gives any firearm to any person who has
21 been convicted of a felony under the laws of this or any
22 other jurisdiction; or
23 (e) Sells or gives any firearm to any person who has
24 been a patient in a mental hospital within the past 5 years;
25 or
26 (f) Sells or gives any firearms to any person who is
27 mentally retarded; or
28 (g) Delivers any firearm of a size which may be
29 concealed upon the person, incidental to a sale, without
30 withholding delivery of such firearm for at least 72 hours
31 after application for its purchase has been made, or delivers
32 any rifle, shotgun or other long gun, incidental to a sale,
33 without withholding delivery of such rifle, shotgun or other
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1 long gun for at least 24 hours after application for its
2 purchase has been made. However, this paragraph shall not
3 apply to: (1) the sale of a firearm to a law enforcement
4 officer or a person who desires to purchase a firearm for use
5 in promoting the public interest incident to his employment
6 as a bank guard, armed truck guard, or other similar
7 employment; or (2) a mail order sale of a firearm to a
8 nonresident of Illinois under which the firearm is mailed to
9 a point outside the boundaries of Illinois; or (3) the sale
10 of a firearm to a nonresident of Illinois while at a firearm
11 showing or display recognized by the Illinois Department of
12 State Police; or (4) the sale of a firearm to a dealer
13 licensed under the Federal Firearms Act of the United States;
14 or
15 (h) While holding any license under the Federal "Gun
16 Control Act of 1968", as amended, as a dealer, importer,
17 manufacturer or pawnbroker; manufactures, sells or delivers
18 to any unlicensed person a handgun having a barrel, slide,
19 frame or receiver which is a die casting of zinc alloy or any
20 other nonhomogeneous metal which will melt or deform at a
21 temperature of less than 800 degrees Fahrenheit. For purposes
22 of this paragraph, (1) "firearm" is defined as in "An Act
23 relating to the acquisition, possession and transfer of
24 firearms and firearm ammunition, to provide a penalty for the
25 violation thereof and to make an appropriation in connection
26 therewith", approved August 3, 1967, as amended; (2)
27 "handgun" is defined as a firearm designed to be held and
28 fired by the use of a single hand, and includes a combination
29 of parts from which a firearm can be assembled; or
30 (i) Sells or gives a firearm of any size to any person
31 under 18 years of age who does not possess a valid Firearm
32 Owner's Identification Card.
33 (j) Paragraph (h) of this Section shall not include
34 firearms sold within 6 months after enactment of this
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1 amendatory Act of 1973, nor shall any firearm legally owned
2 or possessed by any citizen or purchased by any citizen
3 within 6 months after the enactment of this amendatory Act of
4 1973 be subject to confiscation or seizure under the
5 provisions of this amendatory Act of 1973. Nothing in this
6 amendatory Act of 1973 shall be construed to prohibit the
7 gift or trade of any firearm if that firearm was legally held
8 or acquired within 6 months after the enactment of this
9 amendatory Act of 1973.
10 (k) Sentence.
11 Any person convicted of unlawful sale of firearms in
12 violation of paragraphs (b) through (h) commits a Class 4
13 felony.
14 Any person convicted of unlawful sale of firearms in
15 violation of paragraph (a) or (i) commits a Class 3 felony.
16 Any person convicted of unlawful sale of firearms in
17 violation of paragraph (a) or (i) in any school, regardless
18 of the time of day or the time of year, in residential
19 property owned, operated, or and managed by a public housing
20 agency or leased by a public housing agency as part of a
21 scattered site or mixed-income development, in a public park,
22 in a courthouse, on the real property comprising any school,
23 regardless of the time of day or the time of year, on
24 residential property owned, operated, or and managed by a
25 public housing agency or leased by a public housing agency as
26 part of a scattered site or mixed-income development, on the
27 real property comprising any public park, on the real
28 property comprising any courthouse, in any conveyance owned,
29 leased, or contracted by a school to transport students to or
30 from school or a school related activity, or on any public
31 way within 1,000 feet of the real property comprising any
32 school, public park, courthouse, or residential property
33 owned, operated, or and managed by a public housing agency or
34 leased by a public housing agency as part of a scattered site
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1 or mixed-income development commits a Class 2 felony.
2 (Source: P.A. 88-680, eff. 1-1-95.)
3 Section 15. The Illinois Controlled Substances Act is
4 amended by changing Section 407 as follows:
5 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
6 Sec. 407. (a) (1) Any person 18 years of age or over who
7 violates any subsection of Section 401 or subsection (b) of
8 Section 404 by delivering a controlled, counterfeit or
9 look-alike substance to a person under 18 years of age may be
10 sentenced to imprisonment for a term up to twice the maximum
11 term and fined an amount up to twice that amount otherwise
12 authorized by the pertinent subsection of Section 401 and
13 Subsection (b) of Section 404.
14 (2) Except as provided in paragraph (3) of this
15 subsection, any person who violates:
16 (A) subsection (c) of Section 401 by delivering or
17 possessing with intent to deliver a controlled,
18 counterfeit, or look-alike substance in or on, or within
19 1,000 feet of, a truck stop or safety rest area, is
20 guilty of a Class 1 felony, the fine for which shall not
21 exceed $250,000;
22 (B) subsection (d) of Section 401 by delivering or
23 possessing with intent to deliver a controlled,
24 counterfeit, or look-alike substance in or on, or within
25 1,000 feet of, a truck stop or safety rest area, is
26 guilty of a Class 2 felony, the fine for which shall not
27 exceed $200,000;
28 (C) subsection (e) of Section 401 or subsection (b)
29 of Section 404 by delivering or possessing with intent to
30 deliver a controlled, counterfeit, or look-alike
31 substance in or on, or within 1,000 feet of, a truck stop
32 or safety rest area, is guilty of a Class 3 felony, the
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1 fine for which shall not exceed $150,000;
2 (D) subsection (f) of Section 401 by delivering or
3 possessing with intent to deliver a controlled,
4 counterfeit, or look-alike substance in or on, or within
5 1,000 feet of, a truck stop or safety rest area, is
6 guilty of a Class 3 felony, the fine for which shall not
7 exceed $125,000;
8 (E) subsection (g) of Section 401 by delivering or
9 possessing with intent to deliver a controlled,
10 counterfeit, or look-alike substance in or on, or within
11 1,000 feet of, a truck stop or safety rest area, is
12 guilty of a Class 3 felony, the fine for which shall not
13 exceed $100,000;
14 (F) subsection (h) of Section 401 by delivering or
15 possessing with intent to deliver a controlled,
16 counterfeit, or look-alike substance in or on, or within
17 1,000 feet of, a truck stop or safety rest area, is
18 guilty of a Class 3 felony, the fine for which shall not
19 exceed $75,000;
20 (3) Any person who violates paragraph (2) of this
21 subsection (a) by delivering or possessing with intent to
22 deliver a controlled, counterfeit, or look-alike substance in
23 or on, or within 1,000 feet of a truck stop or a safety rest
24 area, following a prior conviction or convictions of
25 paragraph (2) of this subsection (a) may be sentenced to a
26 term of imprisonment up to 2 times the maximum term and fined
27 an amount up to 2 times the amount otherwise authorized by
28 Section 401.
29 (4) For the purposes of this subsection (a):
30 (A) "Safety rest area" means a roadside facility
31 removed from the roadway with parking and facilities
32 designed for motorists' rest, comfort, and information
33 needs; and
34 (B) "Truck stop" means any facility (and its
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1 parking areas) used to provide fuel or service, or both,
2 to any commercial motor vehicle as defined in Section
3 18b-101 of the Illinois Vehicle Code.
4 (b) Any person who violates:
5 (1) subsection (c) of Section 401 in any school, or
6 any conveyance owned, leased or contracted by a school to
7 transport students to or from school or a school related
8 activity, or residential property owned, operated or and
9 managed by a public housing agency or leased by a public
10 housing agency as part of a scattered site or
11 mixed-income development, or public park, on the real
12 property comprising any school or residential property
13 owned, operated or and managed by a public housing
14 agency or leased by a public housing agency as part of a
15 scattered site or mixed-income development, or public
16 park or on any public way within 1,000 feet of the real
17 property comprising any school or residential property
18 owned, operated or and managed by a public housing agency
19 or leased by a public housing agency as part of a
20 scattered site or mixed-income development, or public
21 park, on the real property comprising any church,
22 synagogue, or other building, structure, or place used
23 primarily for religious worship, or on any public way
24 within 1,000 feet of the real property comprising any
25 church, synagogue, or other building, structure, or place
26 used primarily for religious worship, on the real
27 property comprising any of the following places,
28 buildings, or structures used primarily for housing or
29 providing space for activities for senior citizens:
30 nursing homes, assisted-living centers, senior citizen
31 housing complexes, or senior centers oriented toward
32 daytime activities, or on a public way within 1,000 feet
33 of the real property comprising any of the following
34 places, buildings, or structures used primarily for
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1 housing or providing space for activities for senior
2 citizens: nursing homes, assisted-living centers, senior
3 citizen housing complexes, or senior centers oriented
4 toward daytime activities is guilty of a Class X felony,
5 the fine for which shall not exceed $500,000;
6 (2) subsection (d) of Section 401 in any school, or
7 any conveyance owned, leased or contracted by a school to
8 transport students to or from school or a school related
9 activity, or residential property owned, operated or and
10 managed by a public housing agency or leased by a public
11 housing agency as part of a scattered site or
12 mixed-income development, or public park, on the real
13 property comprising any school or residential property
14 owned, operated or and managed by a public housing agency
15 or leased by a public housing agency as part of a
16 scattered site or mixed-income development, or public
17 park or on any public way within 1,000 feet of the real
18 property comprising any school or residential property
19 owned, operated or and managed by a public housing agency
20 or leased by a public housing agency as part of a
21 scattered site or mixed-income development, or public
22 park, on the real property comprising any church,
23 synagogue, or other building, structure, or place used
24 primarily for religious worship, or on any public way
25 within 1,000 feet of the real property comprising any
26 church, synagogue, or other building, structure, or place
27 used primarily for religious worship, on the real
28 property comprising any of the following places,
29 buildings, or structures used primarily for housing or
30 providing space for activities for senior citizens:
31 nursing homes, assisted-living centers, senior citizen
32 housing complexes, or senior centers oriented toward
33 daytime activities, or on a public way within 1,000 feet
34 of the real property comprising any of the following
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1 places, buildings, or structures used primarily for
2 housing or providing space for activities for senior
3 citizens: nursing homes, assisted-living centers, senior
4 citizen housing complexes, or senior centers oriented
5 toward daytime activities is guilty of a Class 1 felony,
6 the fine for which shall not exceed $250,000;
7 (3) subsection (e) of Section 401 or Subsection (b)
8 of Section 404 in any school, or any conveyance owned,
9 leased or contracted by a school to transport students to
10 or from school or a school related activity, or
11 residential property owned, operated or and managed by a
12 public housing agency or leased by a public housing
13 agency as part of a scattered site or mixed-income
14 development, or public park, on the real property
15 comprising any school or residential property owned,
16 operated or and managed by a public housing agency or
17 leased by a public housing agency as part of a scattered
18 site or mixed-income development, or public park or on
19 any public way within 1,000 feet of the real property
20 comprising any school or residential property owned,
21 operated or and managed by a public housing agency or
22 leased by a public housing agency as part of a scattered
23 site or mixed-income development, or public park, on the
24 real property comprising any church, synagogue, or other
25 building, structure, or place used primarily for
26 religious worship, or on a public way within 1,000 feet
27 of the real property comprising any church, synagogue, or
28 other building, structure, or place used primarily for
29 religious worship, on the real property comprising any of
30 the following places, buildings, or structures used
31 primarily for housing or providing space for activities
32 for senior citizens: nursing homes, assisted-living
33 centers, senior citizen housing complexes, or senior
34 centers oriented toward daytime activities, or on a
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1 public way within 1,000 feet of the real property
2 comprising any of the following places, buildings, or
3 structures used primarily for housing or providing space
4 for activities for senior citizens: nursing homes,
5 assisted-living centers, senior citizen housing
6 complexes, or senior centers oriented toward daytime
7 activities is guilty of a Class 2 felony, the fine for
8 which shall not exceed $200,000;
9 (4) subsection (f) of Section 401 in any school, or
10 any conveyance owned, leased or contracted by a school to
11 transport students to or from school or a school related
12 activity, or residential property owned, operated or and
13 managed by a public housing agency or leased by a public
14 housing agency as part of a scattered site or
15 mixed-income development, or public park, on the real
16 property comprising any school or residential property
17 owned, operated or and managed by a public housing
18 agency or leased by a public housing agency as part of a
19 scattered site or mixed-income development, or public
20 park or on any public way within 1,000 feet of the real
21 property comprising any school or residential property
22 owned, operated or and managed by a public housing agency
23 or leased by a public housing agency as part of a
24 scattered site or mixed-income development, or public
25 park, on the real property comprising any church,
26 synagogue, or other building, structure, or place used
27 primarily for religious worship, or on any public way
28 within 1,000 feet of the real property comprising any
29 church, synagogue, or other building, structure, or place
30 used primarily for religious worship, on the real
31 property comprising any of the following places,
32 buildings, or structures used primarily for housing or
33 providing space for activities for senior citizens:
34 nursing homes, assisted-living centers, senior citizen
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1 housing complexes, or senior centers oriented toward
2 daytime activities, or on a public way within 1,000 feet
3 of the real property comprising any of the following
4 places, buildings, or structures used primarily for
5 housing or providing space for activities for senior
6 citizens: nursing homes, assisted-living centers, senior
7 citizen housing complexes, or senior centers oriented
8 toward daytime activities is guilty of a Class 2 felony,
9 the fine for which shall not exceed $150,000;
10 (5) subsection (g) of Section 401 in any school, or
11 any conveyance owned, leased or contracted by a school to
12 transport students to or from school or a school related
13 activity, or residential property owned, operated or and
14 managed by a public housing agency or leased by a public
15 housing agency as part of a scattered site or
16 mixed-income development, or public park, on the real
17 property comprising any school or residential property
18 owned, operated or and managed by a public housing
19 agency or leased by a public housing agency as part of a
20 scattered site or mixed-income development, or public
21 park or on any public way within 1,000 feet of the real
22 property comprising any school or residential property
23 owned, operated or and managed by a public housing agency
24 or leased by a public housing agency as part of a
25 scattered site or mixed-income development, or public
26 park, on the real property comprising any church,
27 synagogue, or other building, structure, or place used
28 primarily for religious worship, or on any public way
29 within 1,000 feet of the real property comprising any
30 church, synagogue, or other building, structure, or place
31 used primarily for religious worship, on the real
32 property comprising any of the following places,
33 buildings, or structures used primarily for housing or
34 providing space for activities for senior citizens:
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1 nursing homes, assisted-living centers, senior citizen
2 housing complexes, or senior centers oriented toward
3 daytime activities, or on a public way within 1,000 feet
4 of the real property comprising any of the following
5 places, buildings, or structures used primarily for
6 housing or providing space for activities for senior
7 citizens: nursing homes, assisted-living centers, senior
8 citizen housing complexes, or senior centers oriented
9 toward daytime activities is guilty of a Class 2 felony,
10 the fine for which shall not exceed $125,000;
11 (6) subsection (h) of Section 401 in any school, or
12 any conveyance owned, leased or contracted by a school to
13 transport students to or from school or a school related
14 activity, or residential property owned, operated or and
15 managed by a public housing agency or leased by a public
16 housing agency as part of a scattered site or
17 mixed-income development, or public park, on the real
18 property comprising any school or residential property
19 owned, operated or and managed by a public housing agency
20 or leased by a public housing agency as part of a
21 scattered site or mixed-income development, or public
22 park or on any public way within 1,000 feet of the real
23 property comprising any school or residential property
24 owned, operated or and managed by a public housing agency
25 or leased by a public housing agency as part of a
26 scattered site or mixed-income development, or public
27 park, on the real property comprising any church,
28 synagogue, or other building, structure, or place used
29 primarily for religious worship, or on any public way
30 within 1,000 feet of the real property comprising any
31 church, synagogue, or other building, structure, or place
32 used primarily for religious worship, on the real
33 property comprising any of the following places,
34 buildings, or structures used primarily for housing or
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1 providing space for activities for senior citizens:
2 nursing homes, assisted-living centers, senior citizen
3 housing complexes, or senior centers oriented toward
4 daytime activities, or on a public way within 1,000 feet
5 of the real property comprising any of the following
6 places, buildings, or structures used primarily for
7 housing or providing space for activities for senior
8 citizens: nursing homes, assisted-living centers, senior
9 citizen housing complexes, or senior centers oriented
10 toward daytime activities is guilty of a Class 2 felony,
11 the fine for which shall not exceed $100,000.
12 (c) Regarding penalties prescribed in subsection (b) for
13 violations committed in a school or on or within 1,000 feet
14 of school property, the time of day, time of year and whether
15 classes were currently in session at the time of the offense
16 is irrelevant.
17 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.