Public Act 097-0676
 
HB1708 EnrolledLRB097 06749 RLC 50456 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Sections 24-1.2-5 and 24-2  as follows:
 
    (720 ILCS 5/24-1.2-5)

    Sec. 24-1.2-5. Aggravated discharge of a
 machine gun or a 
firearm equipped with a device designed or used for silencing

the report of a firearm.


    (a) A person commits aggravated discharge of a
 machine gun 
or a firearm equipped with a device designed or used for 
silencing
the report of a firearm
when he or she knowingly or

intentionally:


        (1) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
at or into a building he or she knows to be

    occupied and the
machine gun or the firearm equipped with a 
    device designed or used for
silencing
the report of a 
    firearm
is discharged from a place or position outside
that 
    building;


        (2) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of another person or in the

    direction of a vehicle he or she knows to be occupied;


        (3) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a person he or she knows to be

    a peace officer, a person summoned or directed by a peace 
    officer, a
correctional institution employee, or a fireman 
    while the officer,
employee or fireman is engaged in the 
    execution of any of his or her official
duties, or to 
    prevent the officer, employee or fireman from performing 
    his
or her official duties, or in retaliation for the 
    officer, employee or fireman
performing his or her official 
    duties;


        (4) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a vehicle he or she knows to be

    occupied by a peace officer, a person summoned or directed 
    by a peace
officer, a correctional institution employee or 
    a fireman while the
officer, employee or fireman is engaged 
    in the execution of any of his
or her official duties, or 
    to prevent the officer, employee or fireman from
performing 
    his or her official duties, or in retaliation for the 
    officer,
employee or fireman performing his or her official 
    duties;


        (5) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a person he or she knows to be

    an emergency medical technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or first aid
personnel, employed by a 
    municipality or other governmental unit, while the

    emergency medical technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or first aid
personnel is engaged in the 
    execution of any of his or her official duties, or
to

    prevent the
emergency medical technician - ambulance, 
    emergency medical
technician - intermediate, emergency 
    medical technician - paramedic, ambulance
driver, or other 
    medical assistance or
first aid personnel from performing 
    his or her official duties, or in
retaliation
for the

    emergency medical technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or first
aid personnel performing his or her 
    official duties;


        (6) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a vehicle he or she knows to
be 
    occupied by an emergency medical technician - ambulance, 
    emergency medical
technician - intermediate, emergency 
    medical technician - paramedic, ambulance
driver, or other 
    medical assistance
or first aid personnel, employed by a 
    municipality or other governmental
unit, while the

    emergency medical technician  - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or
first aid personnel is engaged in the 
    execution of any of his or her official
duties, or to 
    prevent the
emergency medical technician - ambulance, 
    emergency medical
technician - intermediate, emergency 
    medical technician - paramedic, ambulance
driver, or other 
    medical
assistance or first aid personnel from performing 
    his or her official duties,
or
in retaliation for the

    emergency medical technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical

    assistance or first aid personnel performing his or her 
    official
duties;


        (7) Discharges a machine gun or a firearm equipped with 
    a device
designed or used for silencing the report of a 
    firearm in the direction of a
person he or she knows to be 
    an emergency management worker while the emergency

    management worker is engaged in the execution of any of his 
    or her official
duties, or to prevent the emergency 
    management worker from performing his or
her official 
    duties, or in retaliation for the emergency management 
    worker
performing his or her official duties; or

        (8) Discharges a machine gun or a firearm equipped with 
    a device designed
or used for silencing the report of a 
    firearm in the direction of a vehicle he
or she knows to be 
    occupied by an emergency management worker while the

    emergency management worker is engaged in the execution of 
    any of his or her
official duties, or to prevent the 
    emergency management worker from performing
his or her 
    official duties, or in retaliation for the emergency 
    management
worker performing his or her official duties.


    (b) A violation  of  subsection (a) (1) or  subsection (a) (2) 
of this
Section is a Class X felony.  A violation of subsection 
(a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this 
Section is a Class X
felony for which the
sentence shall be a 
term of imprisonment of no less than 12 years and no more
than 
50 years.


    (c) For the purpose of this Section, "machine gun" has the 
meaning ascribed
to it in clause (i) of paragraph (7) of 
subsection (a) of Section 24-1 of this
Code.

    (d) This Section does not apply to a peace officer while 
serving as a member of a tactical response team or special 
operations team. A peace officer may not personally own or 
apply for ownership of a device or attachment of any kind 
designed, used, or intended for use in silencing the report of 
any firearm. These devices shall be owned and maintained by 
lawfully recognized units of government whose duties include 
the investigation of criminal acts. 

(Source: P.A. 94-243, eff. 1-1-06.)

 
 

    (720 ILCS 5/24-2)

 
    Sec. 24-2. Exemptions. 

    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
the following:


        (1) Peace officers, and any person summoned by a peace 
    officer to
assist in making arrests or preserving the 
    peace, while actually engaged in
assisting such officer.


        (2) Wardens, superintendents and keepers of prisons,

    penitentiaries, jails and other institutions for the 
    detention of persons
accused or convicted of an offense, 
    while in the performance of their
official duty, or while 
    commuting between their homes and places of employment.


        (3) Members of the Armed Services or Reserve Forces of 
    the United States
or the Illinois National Guard or the 
    Reserve Officers Training Corps,
while in the performance 
    of their official duty.


        (4) Special agents employed by a railroad or a public 
    utility to
perform police functions, and guards of armored 
    car companies, while
actually engaged in the performance of 
    the duties of their employment or
commuting between their 
    homes and places of employment; and watchmen
while actually 
    engaged in the performance of the duties of their 
    employment.


        (5) Persons licensed as private security contractors, 
    private
detectives, or private alarm contractors, or 
    employed by an agency
certified by the Department of 
    Professional Regulation, if their duties
include the 
    carrying of a weapon under the provisions of the Private

    Detective, Private Alarm,
Private Security, Fingerprint 
    Vendor, and Locksmith Act of 2004,
while actually
engaged 
    in the performance of the duties of their employment or 
    commuting
between their homes and places of employment, 
    provided that such commuting
is accomplished within one 
    hour from departure from home or place of
employment, as 
    the case may be.  Persons exempted under this subdivision

    (a)(5) shall be required to have completed  a course of

    study in firearms handling and training approved and 
    supervised by the
Department of Professional Regulation as 
    prescribed by Section 28 of the
Private Detective, Private 
    Alarm,
Private Security, Fingerprint Vendor, and Locksmith 
    Act of 2004, prior
to becoming eligible for this exemption.  
    The Department of Professional
Regulation shall provide 
    suitable documentation demonstrating the
successful 
    completion of the prescribed firearms training.  Such

    documentation shall be carried at all times when such 
    persons are in
possession of a concealable weapon.


        (6) Any person regularly employed in a commercial or 
    industrial
operation as a security guard for the protection 
    of persons employed
and private property related to such 
    commercial or industrial
operation, while actually engaged 
    in the performance of his or her
duty or traveling between 
    sites or properties belonging to the
employer, and who, as 
    a security guard, is a member of a security force of
at 
    least 5 persons registered with the Department of 
    Professional
Regulation; provided that such security guard 
    has successfully completed a
course of study, approved by 
    and supervised by the Department of
Professional 
    Regulation, consisting of not less than 40 hours of 
    training
that includes the theory of law enforcement, 
    liability for acts, and the
handling of weapons.  A person 
    shall be considered eligible for this
exemption if he or 
    she has completed the required 20
hours of training for a 
    security officer and 20 hours of required firearm
training, 
    and has been issued a firearm control card by
the 
    Department of Professional Regulation.  Conditions for the 
    renewal of
firearm control cards issued under the 
    provisions of this Section
shall be the same as for those 
    cards issued under the provisions of the
Private Detective, 
    Private Alarm,
Private Security, Fingerprint Vendor, and 
    Locksmith Act of 2004. Such
firearm control card shall be 
    carried by the security guard at all
times when he or she 
    is in possession of a concealable weapon.


        (7) Agents and investigators of the Illinois 
    Legislative Investigating
Commission authorized by the 
    Commission to carry the weapons specified in
subsections 
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of

    any investigation for the Commission.


        (8) Persons employed by a financial institution for the 
    protection of
other employees and property related to such 
    financial institution, while
actually engaged in the 
    performance of their duties, commuting between
their homes 
    and places of employment, or traveling between sites or

    properties owned or operated by such financial 
    institution, provided that
any person so employed has 
    successfully completed a course of study,
approved by and 
    supervised by the Department of Professional Regulation,

    consisting of not less than 40 hours of training which 
    includes theory of
law enforcement, liability for acts, and 
    the handling of weapons.
A person shall be considered to be 
    eligible for this exemption if he or
she has completed the 
    required 20 hours of training for a security officer
and 20 
    hours of required firearm training, and has been issued a

    firearm control card by the Department of Professional 
    Regulation.
Conditions for renewal of firearm control 
    cards issued under the
provisions of this Section shall be 
    the same as for those issued under the
provisions of the 
    Private Detective, Private Alarm,
Private Security, 
    Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm 
    control card shall be carried by the person so
trained at 
    all times when such person is in possession of a 
    concealable
weapon.  For purposes of this subsection, 
    "financial institution" means a
bank, savings and loan 
    association, credit union or company providing
armored car 
    services.


        (9) Any person employed by an armored car company to 
    drive an armored
car, while actually engaged in the 
    performance of his duties.


        (10) Persons who have been classified as peace officers 
    pursuant
to the Peace Officer Fire Investigation Act.


        (11) Investigators of the Office of the State's 
    Attorneys Appellate
Prosecutor authorized by the board of 
    governors of the Office of the
State's Attorneys Appellate 
    Prosecutor to carry weapons pursuant to
Section 7.06 of the 
    State's Attorneys Appellate Prosecutor's Act.


        (12) Special investigators appointed by a State's 
    Attorney under
Section 3-9005 of the Counties Code.


        (12.5) Probation officers while in the performance of 
    their duties, or
while commuting between their homes, 
    places of employment or specific locations
that are part of 
    their assigned duties, with the consent of the chief judge 
    of
the circuit for which they are employed.


        (13) Court Security Officers while in the performance 
    of their official
duties, or while commuting between their 
    homes and places of employment, with
the
consent of the 
    Sheriff.


        (13.5) A person employed as an armed security guard at 
    a nuclear energy,
storage, weapons or development site or 
    facility regulated by the Nuclear
Regulatory Commission 
    who has completed the background screening and training

    mandated by the rules and regulations of the Nuclear 
    Regulatory Commission.


        (14) Manufacture, transportation, or sale of weapons 
    to
persons
authorized under subdivisions (1) through 
    (13.5) of this
subsection
to
possess those weapons.

    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
24-1.6 do not
apply to or affect
any of the following:


        (1) Members of any club or organization organized for 
    the purpose of
practicing shooting at targets upon 
    established target ranges, whether
public or private, and 
    patrons of such ranges, while such members
or patrons are 
    using their firearms on those target ranges.


        (2) Duly authorized military or civil organizations 
    while parading,
with the special permission of the 
    Governor.


        (3) Hunters, trappers or fishermen with a license or

    permit while engaged in hunting,
trapping or fishing.


        (4) Transportation of weapons that are broken down in a

    non-functioning state or are not immediately accessible.

        (5) Carrying or possessing any pistol, revolver, stun 
    gun or taser or other firearm on the land or in the legal 
    dwelling of another person as an invitee with that person's 
    permission. 
    (c) Subsection 24-1(a)(7) does not apply to or affect any 
of the
following:


        (1) Peace officers while in performance of their 
    official duties.


        (2) Wardens, superintendents and keepers of prisons, 
    penitentiaries,
jails and other institutions for the 
    detention of persons accused or
convicted of an offense.


        (3) Members of the Armed Services or Reserve Forces of 
    the United States
or the Illinois National Guard, while in 
    the performance of their official
duty.


        (4) Manufacture, transportation, or sale of machine 
    guns to persons
authorized under subdivisions (1) through 
    (3) of this subsection to
possess machine guns, if the 
    machine guns are broken down in a
non-functioning state or 
    are not immediately accessible.


        (5) Persons licensed under federal law to manufacture 
    any weapon from
which 8 or more shots or bullets can be 
    discharged by a
single function of the firing device, or 
    ammunition for such weapons, and
actually engaged in the 
    business of manufacturing such weapons or
ammunition, but 
    only with respect to activities which are within the lawful

    scope of such business, such as the manufacture, 
    transportation, or testing
of such weapons or ammunition.  
    This exemption does not authorize the
general private 
    possession of any weapon from which 8 or more
shots or 
    bullets can be discharged by a single function of the 
    firing
device, but only such possession and activities as 
    are within the lawful
scope of a licensed manufacturing 
    business described in this paragraph.


        During transportation, such weapons shall be broken 
    down in a
non-functioning state or not immediately 
    accessible.


        (6) The manufacture, transport, testing, delivery, 
    transfer or sale,
and all lawful commercial or experimental 
    activities necessary thereto, of
rifles, shotguns, and 
    weapons made from rifles or shotguns,
or ammunition for 
    such rifles, shotguns or weapons, where engaged in
by a 
    person operating as a contractor or subcontractor pursuant 
    to a
contract or subcontract for the development and supply 
    of such rifles,
shotguns, weapons or ammunition to the 
    United States government or any
branch of the Armed Forces 
    of the United States, when such activities are
necessary 
    and incident to fulfilling the terms of such contract.


        The exemption granted under this subdivision (c)(6)

    shall also apply to any authorized agent of any such 
    contractor or
subcontractor who is operating within the 
    scope of his employment, where
such activities involving 
    such weapon, weapons or ammunition are necessary
and 
    incident to fulfilling the terms of such contract.


        During transportation, any such weapon shall be broken 
    down in a
non-functioning state, or not immediately 
    accessible.

    (d) Subsection 24-1(a)(1) does not apply to the purchase, 
possession
or carrying of a black-jack or slung-shot by a peace 
officer.

    (e) Subsection 24-1(a)(8) does not apply to any owner, 
manager or
authorized employee of any place specified in that 
subsection nor to any
law enforcement officer.

    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
Section 24-1.6
do not apply
to members of any club or 
organization organized for the purpose of practicing
shooting 
at targets upon established target ranges, whether public or 
private,
while using their firearms on those target ranges.

    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
to:


        (1) Members of the Armed Services or Reserve Forces of 
    the United
States or the Illinois National Guard, while in 
    the performance of their
official duty.


        (2) Bonafide collectors of antique or surplus military 
    ordinance.


        (3) Laboratories having a department of forensic 
    ballistics, or
specializing in the development of 
    ammunition or explosive ordinance.


        (4) Commerce, preparation, assembly or possession of 
    explosive
bullets by manufacturers of ammunition licensed 
    by the federal government,
in connection with the supply of 
    those organizations and persons exempted
by subdivision 
    (g)(1) of this Section, or like organizations and persons

    outside this State, or the transportation of explosive 
    bullets to any
organization or person exempted in this 
    Section by a common carrier or by a
vehicle owned or leased 
    by an exempted manufacturer.

    (g-5) Subsection 24-1(a)(6) does not apply to or affect 
persons licensed
under federal law to manufacture any device or 
attachment of any kind designed,
used, or intended for use in 
silencing the report of any firearm, firearms, or
ammunition

for those firearms equipped with those devices, and actually 
engaged in the
business of manufacturing those devices, 
firearms, or ammunition, but only with
respect to
activities 
that are within the lawful scope of that business, such as the

manufacture, transportation, or testing of those devices, 
firearms, or
ammunition. This
exemption does not authorize the 
general private possession of any device or
attachment of any 
kind designed, used, or intended for use in silencing the

report of any firearm, but only such possession and activities 
as are within
the
lawful scope of a licensed manufacturing 
business described in this subsection
(g-5). During 
transportation, these those devices shall be detached from any 
weapon
or
not immediately accessible.

    (g-6)  Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to
or affect any parole agent or parole 
supervisor who meets the qualifications and conditions 
prescribed in Section 3-14-1.5 of the Unified Code of 
Corrections. 
    (g-7)  Subsection 24-1(a)(6) does not apply to a peace 
officer while serving as a member of a tactical response team 
or special operations team. A peace officer may not personally 
own or apply for ownership of a device or attachment of any 
kind designed, used, or intended for use in silencing the 
report of any firearm. These devices shall be owned and 
maintained by lawfully recognized units of government whose 
duties include the investigation of criminal acts. 
    (g-10)  Subsections 24-1(a)(4), 24-1(a)(8), and 
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
athlete's possession, transport on official Olympic and 
Paralympic transit systems established for athletes, or use of 
competition firearms sanctioned by the International Olympic 
Committee, the International Paralympic Committee, the 
International Shooting Sport Federation, or USA Shooting in 
connection with such athlete's training for and participation 
in shooting competitions at the 2016 Olympic and Paralympic 
Games and sanctioned test events leading up to the 2016 Olympic 
and Paralympic Games. 
    (h) An information or indictment based upon a violation of 
any
subsection of this Article need not negative any exemptions 
contained in
this Article.  The defendant shall have the burden 
of proving such an
exemption.

    (i) Nothing in this Article shall prohibit, apply to, or 
affect
the transportation, carrying, or possession, of any 
pistol or revolver,
stun gun, taser, or other firearm consigned 
to a common carrier operating
under license of the State of 
Illinois or the federal government, where
such transportation, 
carrying, or possession is incident to the lawful

transportation in which such common carrier is engaged; and 
nothing in this
Article shall prohibit, apply to, or affect the 
transportation, carrying,
or possession of any pistol, 
revolver, stun gun, taser, or other firearm,
not the subject of 
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
this Article, which is unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container, by the 
possessor of a valid
Firearm Owners Identification Card.

(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; 
95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

  
  


Effective Date:  6/1/2012