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91_SB0847enr SB847 Enrolled 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 SB847 Enrolled -2- SDS/910003/CTdo 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, SB847 Enrolled -3- SDS/910003/CTdo 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 orand12 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -4- SDS/910003/CTdo 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 SB847 Enrolled -5- SDS/910003/CTdo 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 SB847 Enrolled -6- SDS/910003/CTdo 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 SB847 Enrolled -7- SDS/910003/CTdo 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. SB847 Enrolled -8- SDS/910003/CTdo 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 SB847 Enrolled -9- SDS/910003/CTdo 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), SB847 Enrolled -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 SB847 Enrolled -11- SDS/910003/CTdo 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: SB847 Enrolled -12- SDS/910003/CTdo 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 SB847 Enrolled -13- SDS/910003/CTdo 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, SB847 Enrolled -14- SDS/910003/CTdo 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 SB847 Enrolled -15- SDS/910003/CTdo 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 orandmanaged 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 orandmanaged 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 32andmanaged 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. SB847 Enrolled -16- SDS/910003/CTdo 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, orandmanaged 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, orandmanaged 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, orandmanaged 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -17- SDS/910003/CTdo 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, orandmanaged 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 SB847 Enrolled -18- SDS/910003/CTdo 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 SB847 Enrolled -19- SDS/910003/CTdo 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 SB847 Enrolled -20- SDS/910003/CTdo 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, orandmanaged 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, orandmanaged 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, orandmanaged by a public housing agency or 34 leased by a public housing agency as part of a scattered site SB847 Enrolled -21- SDS/910003/CTdo 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 SB847 Enrolled -22- SDS/910003/CTdo 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 SB847 Enrolled -23- SDS/910003/CTdo 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 orand9 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -24- SDS/910003/CTdo 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 orand10 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -25- SDS/910003/CTdo 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 orandmanaged 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -26- SDS/910003/CTdo 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 orand13 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -27- SDS/910003/CTdo 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 orand14 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 orandmanaged 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 orandmanaged 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: SB847 Enrolled -28- SDS/910003/CTdo 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 orand15 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 orandmanaged 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 orandmanaged 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 SB847 Enrolled -29- SDS/910003/CTdo 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.